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SCOT OF CUPAR'S
APOLOGETICAL NARRATION.

FORBES OF ALFORD'S
RECORDS CONCERNING THE CHURCH.

AN
APOLOGETICAL NARRATION
OF THE STATE AND GOVERNMENT
OF THE KIRK OF SCOTLAND
SINCE THE REFORMATION:
BY WILLIAM SCOT,
MINISTER OF CUPAR.

CERTAINE RECORDS
TOUCHING THE ESTATE OF THE KIRK
IN THE YEARS M.DC.V. & M.DC.VI.
BY JOHN FORBES,
MINISTER OF ALFORD.

EDINBUEGH:
PEINTED FOB THE WODEOW SOCIETY.
MDCCCXLVI.

PREFACE.
The two Works contained in the present volume, although they
are how printed for the first time, appear to have been extensively-
circulated in manuscript, and they are often quoted as works of
authority by learned Presbyterian writers. The Council of the
Wodrow Society, having resolved upon their publication, and the
gentleman to whom the task of editing had been devolved finding
himself unable to undertake it within the limited time, I was re
quested to superintend the volume through the press, in co-opera
tion with the Eev. James Anderson, who had undertaken the
more laborious part of transcribing and collating the Manuscripts,
as well as of correcting the proof-sheets.
As neither of the Works is of a nature to require minute illus
tration, our chief object has been to present an accurate text, by
a comparison of what were considered to be the most accurate
or authentic copies.
I. SCOT'S APOLOGETICAL NAEEATION.
This work presents a brief but comprehensive view of the affairs
of the Kirk from the Eeformation in 1560, till the meeting of Parlia-

VI PREFACE.
ment after the arrival of Charles the First in Scotland in 1633.
Thus it embraces a period of Ecclesiastical History which has been
much more fully detailed and illustrated by Calderwood and later
writers. The personal share however which the Author had in
many of the later transactions recorded in his work, gives it a
degree of value which it might not otherwise have possessed.
Petrie, in the latter part of his History of the Catholick Church,
printed at the Hague, in 1662, (part iii. p. 371,) made consider
able use of it. He quotes it under the title of " The Historical
Narration of the Government of the Church, which (he says) is com
mon now in writ, and said to have been penned by William Scot,
the eminent minister of Couper." In the subjoined note I have
endeavoured to claim for him, after an interval of two centuries,
the authorship of a well-known work which was published ano
nymously in the year 1622, under the following title : — " The
Course of Conformit-ie,"

As it

Hath proceeded,
Is concluded,
Should be refused.

Psalm, xciv. 20. Shall the throne of iniquitie Jtave fellowship
with me, which frameth mischief by a law ? Printed in the year
1622, 4to.*
* After the above title, " The Preface to the Reader" fills 8 leaves, and the table
of " The Course of Conformitic," other 3 leaves. The tract itself, which ends on
page 1G8, assumes the form of a dialoguo between an aged minister, Epaphras, and
a yonng minister, Archippus ; and includes copies of various Protestations and
other documents, as well as a Treatise on the new Office of Bishops, divided
into 13 chapters (pp. 20-48.) It has hitherto been ascribed to David Calder
wood ; but I am inclined to assign tho authorship of it to William Scot : — 1. From
the manner in which he repeatedly refers to it in his Apologetical Narration ; 2. The

preface. vii
The text of Scot's Apologetical Narration is given from
a manuscript in the possession of Dr. James Keith, Fellow of
the Eoyal College of Surgeons, Edinburgh ; and the best thanks
of the Society are due to that gentleman for the very liberal man
ner in which he afforded the use of it to the Council. It is a
small folio, written in a neat and legible hand of the time of the
author, and extends to 282 pages. Two more recent manuscripts
in the Library of the Faculty of Advocates have also been
used. The one is a 4to volume of 351 pages, (marked Wodrow
MSS. 4to vol. xv.,) written about the end of the 17th century,
and has been carefully collated.* The other is a folio, pp. 238,
(marked 34 : 2 : 11,) and corresponds eo closely with Wodrow's
MS., as to render it not improbable that it was transcribed from it.
On a fly-leaf, it has the name of " Al. Dunlop," who was Professor
of Greek in the University of Glasgow, and it is supposed to have

improbability that Calderwood, who at this time was an exile in Holland, and was
engaged in various other works, could readily have compiled it ; and, 3, That in a
copy in my possession, there is written, in a contemporary hand, " By M. W. S." the
initials of Scot's name. In corroboration of this, I find that Johnston of Warriston,
in some MS. collections which I possess, under the title of the " Third Part of Testi
monies," refers to " the Course of Conformitie," page 73, " wherein worthy Mr Wil
liam Scot, and Mr Henderson, and others, spake their mynd freely and fully." This
reference may suggest an obvious inference, that Scot himself appears as Epaphras,
and Henderson, who had not been more than six or seven years in the ministry, as
Archippus. It is also more than probable that the manuscript, having been sent to
Calderwood in Holland, where it evidently was printed, he may have written " The
Preface to the Reader," in which he speaks of it as being " from a ready mind and a
good will," and characterizes the " two honest Epitomists" in a manner which the
Author himself would probably not have done.
* Among the Harleian MSS., No. 4621, is a copy of Scot's Narrative, in " small folo
of 211 pages, closely written in -a small hand." (Catal. vol. iii. p. 180.) This, I pre
sume, was the copy to which Wodrow refers in the passage quoted in a note to page
xxvii., as having belonged to James Anderson, author of the " Diplomata Scotia;," from
whom Harley, Earl of Oxford, obtained several of the Harleian MSS. now in the
British Museum. A similar copy was purchased, along with Professor Matthew
Crawford's Manuscripts, by the General Assembly, in the year 1736.

Vlll PREFACE.
belonged to the Hon. James Erskine of Grange, Lord Justice-
Clerk, from 1710 to 1734, but who survived till 1754.
The Apologetical Narration is presented to the Members
of the Wodrow Society without claiming to be regarded as a work
of any great historical importance, but as one that is worthy
of preservation by such a Society, were it merely to serve as a
literary memorial of a man who was so highly and justly respect
ed, during a long life, and in times of no ordinary difficulty, for
his uniform zeal and fidelity in his ministerial labours, and who
joined extensive learning with singular modesty and soundness of
judgment.
II. FOEBES'S CEETATNE EECOEDS.
This work is of a much more limited nature than Scof s Narra
tion ; but it may be deemed of greater importance, from its exhi
biting, in full detail, by one of the leading sufferers, the whole
iniquitous proceedings against those Ministers who were present
at the meeting of the General Assembly which had been ap
pointed to be held at Aberdeen in July 1605. The MS. from
which the text was prepared for press is in the Advocates Library,
(marked 34 : 5 : 8,) and bears the following title : —
" The Eeformation of Eeligion in Scotland, containing the
Beginning, Progress, and Establishing of the Trueth, both in Doc
trine and Discipline, within the same. Ex Authoris Autographo."
But this title does not properly describe the work. It is a 4to,
pp. 209, and on the first leaf is written, in a legible hand, " Ex

PREFACE. IX
chartaceis Mri. Hugonis Craig, 1690, A. D. C. S." It forms part
of a collection, in four volumes, lettered on the back " Kirk MSS."
A., B., C, and D. ; and having belonged to the Hon. John Swinton
of Swinton, one of the Lords of Session, from 1782 to 1799, it is
in the present volume quoted as " Swinton's MS." A literal tran
script of this MS., made about the beginning of the last century,
is in the possession of the Eev. Thomas M'Crie, Edinburgh.
It however appears that Forbes had subsequently revised his
work, and made very considerable additions to it, giving it the
title of " Certaine Eecords touching the Estate of the
Church," &c. It was therefore necessary that the additional
chapters or passages should be incorporated with the original
work; but all these additions are pointed out in the foot-notes.
Two copies of this enlarged manuscript are preserved in the
Advocates Library. One of these, written in a legible hand
of the reign of Charles I., is a small 4to, pp.' 301, (marked
32 : 4 : 5,) and, having the name of a former possessor, " Ex
libris Johannis Gibson, Dec. 22. 1704," it is, for the sake of dis
tinction, quoted as " Gibson's MS." The other is a large 4to, pp.
126, (marked " Wodrow MSS. 4to, vol. xiii.,") and is an accurate
transcript of that MS. made about the year 1700.
Among the Biographical Collections by the Eev. Eobert
Wodrow, deposited in the Library of the University of Glasgow,
are copious Lives both of Scot and Forbes. Many years have
now elapsed since I had an opportunity of examining and taking
notes from these Collections ; but the hasty manner in which all
these Lives were compiled by the indefatigable Author, and the

preface.

extent of the two specially referred to, rendered it altogether
unadvisable to apply for permission to have them transcribed
and added to the present volume. Inde'ed the materials of Scot's
Life consist almost wholly of extracts from Calderwood's larger
History, which is now in the hands of the Members of the
Wodrow Society ; and those of Forbes exhibit little else than a
series of extracts from Forbes's own work, which forms the latter
part of this volume. To satisfy however the Eeader's curiesity,
Mr Anderson, having recently examined Wodrow's Collections
at Glasgow, for that purpose, has condensed in the following pages
the whole information contained in these unpublished Lives, with
such additions and corrections as the researches of later times
have supplied.
DAVID LATNG.

signet library,
10 July 1846.

NOTICE OF THE LIFE

OP

MR WILLIAM SCOT.

William Scot, the author of the " Apologetical Narration of
the State of the Kirk of Scotland," was a man of high character
and of very considerable influence in his day ; but our knowledge
of his personal history is, in a great measure, limited to a few facts
connected with his public life. As to his parentage, birth and
education, Wodrow had not succeeded in obtaining any informa
tion. " It's not improbable," he says, " he was a native of Fife,
educat at St. Andrews under Mr Andrew Melville, who had the
pleasure to see many of his scholars useful and eminent in the
Church." * It appears however, from the statement respecting
his age at the time of his death, f that he was born in the
year 1558, and derived his origin from the Scots of Balwearie,
a family of great antiquity in Fife. But his father, Eobert Scot,
seems to have been a younger son, and to have died about the
beginning of 1605. This we learn from the Eetours of Service ;
Mr William Scot, minister of the Word of God in the Church
of Cupar, having been served heir of his father, Eobert Scot in
Mylne-dean, in the third part of the lands of the northern portion
of Pitblado, 3d April 16054
* Wodrow's Life of Scot, MS.
t See his Funeral Inscription, at page xxx.
t Betours, Fife, No. 150.

Xll LIFE OF MR WILLIAM SCOT.
Being intended for the ministry, William Scot received a
learned education at St Andrews, having matriculated or entered
St Salvator's College in 1582 ; and in 1585 he took his Master's
degree. * It has not been ascertained at what time he was ad
mitted to the ministry ; but his name occurs as minister of Ken-
noway, in Fife, in the proceedings of the General Assembly in
1595 ; f and he was translated from thence to Cupar, in the
county of Fife, in 1602, where he continued to labour till his
death, for the long period of forty years. %
It may be noticed that Wodrow, in his life of Scot, falls into
a mistake in supposing that he was minister of Cupar so early
as 1596. Professing to derive his information from Calderwood,
he says, " I find him minister there, May 1596, when, as we
have seen in Mr James Melville's, and Mr John Davidson's Lives,
the Synod of Fife met at Dunfermline, for renewing the nation's,
and their own ministerial covenant with the Lord. It would seem,
(he adds,) Mr Scot had been Moderator of the former Synod,
and now he preaches at the opening of that meeting ; and Mr
Calderwood says it was an excellent discourse." Calderwood, how
ever, does not say that Scot was minister at Cupar in 1596; but that
he was minister there at the time when he wrote his history. His
words are, " Mr William Scot, presently minister at Cupar, made a
notable exhortation." § Scot was minister of Kennoway in 1596.
How long he had held this charge previous to that year is un
certain. " But we may guess from his being Moderator of that
Synod, which by this time was as much planted as any Synod in
the Church, and at this time and afterwards were eminent for their
firm and zealous appearances for truth, and against corruptions of
all kinds, that he was ordained to the ministry some years before,
* A note of these dates was obligingly communicated to Mr Laing by Principal Lee ;
who adds that Scot appears with his fellow student Adam Colt, as paupcrcs (or minxts-
potentes,) that is, persons who paid the lowest fees.
t Tho Booko of the Universall Kirk, vol. iii. p. 836.
| Selections from the Minutes of the Synod of Fife, printed by the Bannatyne Club
pp. 219-230.
§ Calderwood's History, vol. v. p. 433.

LIFE OF MR WILLIAM SCOT. xiii
it not being ordinary to make ministers Moderators of Synods
till they had been some time in the ministry." *
In the year 1602, the General Assembly which met at Holy-
roodhouse in November, having appointed ministers to reside for
some months in the families of the Popish Lords, " by whose
labours in the meantyme . . . the said noblemen and
thair families may be confirmit in the trueth, and the enemies
therof debarrit from thair companies," Scot was fixed upon for the
Earl of Huntly's family, and also put on the Committee for draw
ing up instructions and directions to the ministers thus appointed, t
Huntly was then the leading man among the Popish nobility, and
distinguished for his activity and zeal in supporting and encourag
ing Popery in the North. It was, therefore, a proof of the high
estimation in which Scot was held by his brethren, when they
selected him for so delicate and difficult a situation.
We again find him Moderator of the Synod of Fife held at St
Andrews in September 1604 ; for, at the opening of the next meet
ing of that Synod at Burntisland in April 1605, he " taught
powerfully against the corruptions entered in our Kirk." $
Scot cordially sympathised with the ministers who were impri
soned and prosecuted for holding a General Assembly at Aberdeen in
1605, and took an active part in the exertions made to obtain their
liberty. With this view, he and other Commissioners from the
Presbyteries of Fife, appeared before the Privy Council upon the
14th of November, with a petition in their behalf, § which, being
refused, and the Council having desired the Commissioners to
* Wodrow's Life of Scot, MS.
t The Booke of the Universall Kirk, p. 984. Wodrow, ignorant of the fact that
Scot was first rninister at Kennoway, in speaking of this appointment says, " Indeed,
in Calderwood's MS., this Mr Scot is termed minister at Kennoway, and may be an
other minister of the same name. But I suppose it was the same whose life I am
upon ; hut, being uncertain, I say no further on this." He afterwards supposes
Kennoway to be a mistake for Cupar.
J Calderwood's History, vol. vi. p. 276.
§ Two ministers belonging to the same Presbytery with Scot having been sent to
attend the Assembly at Aberdeen, were among the imprisoned, and were afterwards
banished, namely, Mr John Sharpe, minister of Kilmany, and Mr Alexander Strachan,
minister of Creich.

XIV LIFE OF MR WILLIAM SCOT.
apply directly to the King, Scot drew up a petition praying for
their restoration to liberty. In various other ways he testified his
deep interest and Christian sympathy in their sufferings.
In May 1606, letters were sent from the King to eight of the
most eminent ministers of the Scottish Church, of which number
Scot was one, requiring them to come to the Court before the 15th
of September ensuing, the professed object being to treat with
them in matters respecting the peace of the Church, but the real
object of which was to enable the King to carry forward his mea
sures for the establishment of Episcopacy in Scotland with the
more success. Fourteen of the most zealous of the ministers being
now shut up in prisons, were deprived of the power of resisting
these measures ; and to lessen the resistance still more, these eight
ministers, — including the Melvilles, the master spirits of the
Church of Scotland, — being those whose opposition was chiefly
dreaded, were called up to Court, to remove them from the scene of
action, where their opposition would have been most powerful and
successful. Scotj before he.took ship with Andrew and James Mel
ville for London, on the 15th of August, received the following
letter, which Wodrow supposes to be from one of the ministers
imprisoned in Blackness, although it is not subscribed, nor bears
the name of the place from which it was written. * It is addressed '
thus : " To the Eight Honourable Mr William Scot, Minister of
Cupar, deliver this," and is as followes : —
" Eight Honourable,
" After my hearty salutations, I am wo that I should not see
you before your journey. This miserable situation of ours has
promised and beguiled me. But, seeing it is so, in God's provi-
* This letter Wodrow has inserted in his Life of Scot ; and he thinks it probable
that it was written by Mr Forbes or Mr Welsh. " But," says he, " it does not look so
like Mr Welsh's hand, several of whose original letters I have." The original is
among the Wodrow MSS. vol. xlii. folio, no. 49 ; but neither does it appear to resem
ble the handwriting of Forbes, one of whose autograph letters we have seen. From
internal evidence there can be no doubt that it was written by some one of the minis
ters imprisoned for holding the Aberdeen Assembly ; and we may hazard the conjec
ture that it was written by John Sharpe of Kilmany.

LIFE OF MR WILLIAM SCOT. XV
dence, I shall remember you as God shall give me. We all
thought to have conferred with you or some of the rest, but we
know the cause, and we are dear to you ; and, seeing the cause of
Christ is als dear to you as to us, we need not speak of it. The
news we have are, that our brethren are to be layed first with fair
words and some deeds, for every one shall have 500d merks, when
ye come there ; and if that cannot prevail, next boasting. But I
hope the Lord shall be with you. They say you are to be dealt
with to condescend to thir three things : 1. To the King's supre
macy ; next, to the Bishop's directions ; and, thirdly, to allow of
our conviction. This last Thursday there was a supplication given
in to the Council upon this occasion, because several of our flocks
who are in ward be infected with the pest ; as Ayr, and the hail
brethren's flocks almost that are in Ness. The President was
friendly, for he read it before and mended some things, and caused
write it over. Marr and Elphinstoun and Fleeming assisted it.
It was concluded it should be sent in the first packet. Mar has
promised. Dumbar came not in till Friday. He was dealt with.
It was said that of new he had gotten full commission anent us ;
but he denies. He has promised to do meikle ; but I look not
that ever God shall favour him with sic a good turn. I cannot
express my grief that I have not seen you. The Lord give us a
blessed meeting, and direct you and the rest in this dangerous
time, that ye may kythe faithful and zealous of his honour. As
for us, we are contented to stand with this cause of Christ, and
ready to fall with it. My cousin of Glasgow * wrote to me the last
day, and I to him. He has promised meikle. He is an courtiour.
Ye may confer with him as ye have occasion. I am wo that he
should be that other way. I have not will to trouble you, so many
otherways I know vexed ; but I pray the Lord to direct and guide
you, and give us an happy meeting. Ye will leave two lines if ye
have any purpose. The grace of God be with you ! Your own.
" The 9th of August 1606.
" The Brethren commend themselves to you."
* Probably Patrick Sharpe, Principal of the College of Glasgow.

XVI LIFE OF MR WILLIAM SCOT.
Scot and his brethren reached London in due time, and were
admitted to a conference with the King on the 22d of September,
when " the King made an eloquent speech, tending to this or the like
purpose, showing, that whereas he had left the Church of Scotland
in great peace at his departure, being now desirous to have the same
continued, he had sent for them to know of the particular disturb
ances thereof, which lately had therein arisen, and to hear their
advice and counsel how the same might be composed and mitigat ;
showing also, how happy this Church of England was established
under the government of Bishops. In end, he grew to two parti
culars, to wit, lmo, To demand what they thought of that conven
ticle (for so continually he called it) at Aberdeen ; and whether
they would condemn the same or not. 2do, What overtures they
would give for a peaceable and ordinar Assembly to be kept." *
Another conference between the King and the eight ministers
took place on the 23d of September, when they were again
examined as to the lawfulness of the Assembly held at Aberdeen.
On this occasion, after several of his brethren had delivered their
sentiments on this subject, " his Majesty's Attorney, Sir Thomas
Hamilton, began to presse Mr William Scot touching the said
point, to whom he answered so gravely and learnedly, using both
termes of law, logick and theologie, that he had the great applause
of the nobilitie of England, the King's Advocate, seeing the said
Mr William to answer so discreetly." t On Monday, the 29th of
September, they were again examined before the Council of Scot
land on the same subject, and also in reference to their praying
for the imprisoned Ministers. The Council, " after they had asked
their mind again of every one in particular touching that Assem- 1
bly at Aberdeen, put the deponer in a corner, lest, returning, he
might signifie to the subsequent what he had confessed ; in which
* A Report of the Conferences betwixt his Majesty and the Ministers of Scotland
holden at Hampton Court, 22d September 1606, in Wodrow MSS. vol. xlii. folio
no. 49. This paper contains some particulars concerning this conference which are
not in Calderwood's History ; and, on this account, we have quoted more largely from
it than we would otherwise have done.
flbid.

LIFE OF MR WILLIAM SCOT. XVII
trial God so ruled all their hearts and mouths, that (although
none of them heard what another had confessed, yet) all of them
agreed joyntly in one harmonic The said day they demanded
them also, if they had prayed for the prisoners, and what was the
particular form thereof, who confessed that all of them had prayed,
but the particular form they could not remember, seeing many of
them used not a set forme. Alwayes at that time some of them
rehearsed the particular words so neere as they could remember,
and subscribed the same with their hands. Others desired a time
to call the same to minde  Thereafter, they were
called before the Council to give in the particular forme of their
prayer subscribed by their hands ; at which time also, they, who
the night before extempore had done the same, gave in the parti
cular forme of their prayers as more advisedly thought upon." *
They were also required by the Council to return, each for him
self, written answers to three written articles which were delivered
to them ; the first referring to their praying for the imprisoned
Ministers ; the second, to the King's power to call and prorogue
General Assemblies ; and the third, to his power over all per
sons and in all causes, civil or ecclesiastical. The answers of
Scot to these questions substantially agreed with those of his
brethren, and are expressed with much modesty and courtesy ;
but he takes due care not to acknowledge the high pretensions of.
royal prerogative, which it was the object of these questions to
assert, t
Two methods were adopted by the King to convert Scot and
his associates to the measures of the Court for the subversion of
Presbytery and the establishment of Prelacy on its ruins. First,
some of the most learned Doctors of the English Church were
employed to deliver discourses before them in confutation of Pres
bytery and in defence of Prelacy; the Scottish Ministers being
seated directly before the pulpit, that they might the more dis-
" A Report of the Conferences between his Majesty and the Ministers of Scotland,
&c. Wodrow MSS. vol. xlii. folio.
t See his Answers at pp. 173-175 of his Apologetical Narration.
b

XVlil LIFE OF MR WILLIAM SCOT.
tinctly hear, and be the more deeply impressed by the orations of
these learned preachers. The following is the account given of this
singular piece, of king's craft in a paper which we have more than
once quoted : " The Dean of Westminster sent to Mr John Gor
don, Dean of Salisburrie, to desire them to be at sermon to-morrow
following, the 21st of September. After their riding to Church
a seat was prepared for them hard by the pulpit, where Dr Barlo
[Barlow], Bishop of Eochester, made the sermon on Acts xx. 28,
' Attendite vobis, et toti gregi in quo constituit vos Spiritus Sanctus
episcopos ;' which words he urged for Bishops, Archbishops,
&c, their jurisdiction and superioritie over the other ministrie,
much abusing Fathers, perverting Scripture and delivering many
points of Popish doctrines. . . On Tuesday, 23d September,
in the morning, they were warned by the said Mr Alexander
Hay to be at sermon again; who, when they had come to the
King's Chappel were placed hard by the pulpit to heare Dr
Bucrage [Buckridge] on Eom. xiii. 1, ' Omnis anima potestati-
bus superioribus subjeeto esto,' fyc, touching the King's Supremacie ;
who altho he delt not so naughtily as the former, yet still wyned
Pope and Presbyterie together as enemies to King's supremacie.
The Sabbath following they were charged to come to
his Majestie's Chappell, to hear Dr Andrews, Bishop of West
minster, * opening up Numbers [x. 1, 2,] ; in which he compared
their Presbyteries to the conspiracie of Corah, Dathan and Abiram.
On the morrow, being Tuesday, the 30th September,
the sermon being begun by Dr King, and they missed from the
Chappel, were sent for with all expedition, who comeing heard
him." t This sermon was in the same style as the preceding.
" Dr King," says Calderwood, " made a most virulent invective
against the Presbyteries, crying to the King, ' Doun, doun with
them ' !" % But the elaborate discourses of these learned Doctors
were entirely thrown away upon those for whose immediate benefit
* Dr Lancelot Andrewes was successively Bishop of Ely, Chichester and Winchester.
t A Report of the Conferences, &c.
| Calderwood's History, vol. vi. p. 582.

LIFE OF MR WILLIAM SCOT. XIX
they were intended, who, so far from being convinced, offered to
answer the Sermons ; which James prudently would not permit,
well knowing that his English Bishops had very imperfectly
studied this controversy. These four Sermons having been
printed, Scot was one of those appointed by his brethren to
prepare an answer to them ; but which never appeared. *
This method of conversion failing of success, another was adopted.
The Ministers were to be placed in the houses of some Dean or
Doctor of note, whose private influence might be brought to bear
upon them. " The 23d of November Alexander Hay was sent to
them from his Majesty with this ambassage : That whereas his
Majesty had sent for them to heare their counsell and advice in
pacifying matters, and that they had not satisfied his Majesty, but
some of them had shewed themselves inobedient to his Majesty's
command, therefore he thought good to send them to the school
of obedience." t (Then follow the names of the Ministers and of
the Doctors with whom they were to be lodged.) No more, how
ever, was heard of this till about three months after, when this
charge was renewed ; which led the Ministers to present a suppli
cation to the Council of England, complaining of such a mode of
treatment, and praying to be allowed to return home. The sup
plication having been delivered to Bancroft, Archbishop of Canter
bury, to be answered, he sent for two of their number to come and
speak with him. Scot and James Melville went to his house at
Lambeth, where his Grace received them with all the affability
of a courtier. After conversing on the order of the Council
requiring each of the ministers to take up his residence with
some Dean or Bishop, and on the desirableness of a union between
the Churches of England and Scotland, the Archbishop observed
that the only difference between the two Churches consisted in
forms of government and some ceremonies, and that, since they
came from Scotland, he understood their Church was almost
brouo-ht to one with the English Church in that also, Constant
* Melville's Diary, Wodrow Society edition, p. 678.
t A Report of the Conferences, &c.
62

XX LIFE OF MR WILLIAM SCOT.
Moderators having been appointed in their General Assemblies,
Synods and Presbyteries.
Such a communication could only inflict a deep wound on the
heart of the Ministers, who regarded this as a step to the over
throw of that system of Church government which was dearer to
them than life, because they believed it to be the only form of
Church government which Christ had appointed in his Word.
Accordingly, Scot, who could not remain silent when this tender
point, which awakened all the sensibilities^ of his soul, was touched
upon, " beganne a wise and solid conference and discourse, saying
and laying sic groundis as mycht beir up a suir and graive worke ;
and making mentioun of our dewtie to Chryst and a guid con
science." But to speak of " dewtie to Chryst and a guid
conscience," as involved in the defence of Presbytery, must have
appeared ridiculous to the Archbishop, or, in his own elegant
phrase, a sample of " the gaggle and noise of the puritanical
geese and dogs." The man could not think or feel otherwise who
regarded the zealous Presbyterians as he did Knox, the founder of
Presbyterianism in Scotland, as " men altogether carried away
with a mad fury," and " as chief authors of all the domestic
unquietness and sedition that of a long time, through the malice
of Satan, hath been within the bowels of our commonwealth;''
and, accordingly, with a smile of apparent courtesy, but which,
in reality, must have proceeded from, or concealed contempt, he
interrupted Scot, and with affected condescension and familiarity,
tapping him on the shoulder, said, " Tush, man ! here, take a cup
of good sack!" And so, filling the cup, and holding the napkin
in his own hand, he made them drink. *
We shall only farther remark of Scot while at London, " that
by his prudence and wisdom, as well as his good address, he was
very useful to all the rest of his brethren there ; and such was his
gravity and respectful carriage there, that some of the English
nobility when they saw the hard treatment the Ministers met with,
* Melville's Diary, p. 700 ; Miscellany of the Wodrow Society, p. 491.

LIFE OF MR WILLIAM SCOT. XXI
offered Mr Scot great welcome and encouragement if he would
stay with them in their families." *
In May 1607, Scot was allowed to return to Scotland, and to
his own flock, provided he sent to Court a testimonial of his good
behaviour from the Archbishop of St Andrews ; and failing this,
he was required to return to London before the 15th of July.
Whether Gladstanes was disposed to give Scot a testimonial of
good behaviour, or to allow him to remain at home, except from
considerations of mere policy, may be easily inferred from the fol
lowing extract from a letter which he addressed to the King, dated
St Andrews, July the 20th 1607 : "I received from your Majesty
a direction anent Mr William Scot minister at Cupar, that the
Bishop of Dunkeld, the Lord Scoon and I, should report to your
Majesty whither his presence here might be beneficial! to the
peace of the Kirk and your Highness service, that therupon your
Majesty might prorogat his license of abiding here upon our good
report. Sir, if I had been put in trust alone, I would have been
bold to have returned my service ; for I protest I stand in awe
of none bot God and the King. My Lord of Dunkeld is sick and
bedfast, and my Lord Scoon is there. I presume, in their absence,
most humbly, upon my knees, to beg of your Majesty, that since
Mr Scot is come thither, he may have of your Majesty proroga
tion of his remaining here, till some reasonable day, that may give
some occasion to us to explore his disposition and usage, in such
sort, as we may give, upon good grounds, an sufficient ground to
your Highnes, which may move your Majesty to continou him
or remove him. Thus for the present it may please your Highnes
to give him a supersedere in write, with such confyning as your
Highnes thinks meet for an untried man." f The only thing which
could be laid to Scot's charge, was his opposition to prelacy, and
for this he must be confined, and, if the Archbishop should judge
fit, doomed to exile from his native country. Gladstanes clearly
* Wodrow's Life of Scot, MS.
t Life of Archbishop Gladstanes in Wodrow's Biographical Collections, printed by
the Maitland Club, vol. i. pp. 250, 251.

XX11 LIFE OF MR WILLIAM SCOT.
considered him as belonging to " the auld Melvinian bruide ;" an
appellation which he applied to the more public spirited of the
Ministers, whose opposition to the plans of the Court and the
Estate of the Bishops gave him too much trouble, and whom
therefore he desired to be kept under due restraint. * Had it not
been for a scheme devised by the Bishops, professedly to restore
harmony to the Church, but in reality to lull asleep and divide
the ministers, who continued stedfast to the Presbyterian dis
cipline and government, Scot might have been kept longer in
England. This scheme was that of Privy Conferences, at which
some on the side of each of the parties, which then divided the
Church, were appointed to meet before his Majesty or his Majes
ty's Commissioner, to reason and conclude about ecclesiastical
affairs, and to devise, if possible, some middle ground on which
both parties might unite.
Scot and some of his brethren, from its being intended to place
them on these Conferences, were allowed to remain at home ; and
accordingly, in the General Assembly held at Linlithgow in July
1608, twenty being appointed, ten on each side, for holding a con
ference of the nature we have described, Scot was nominated
one of the number. He attended the Conference which took
place at Falkland in May 1609 ; but he soon found that all his
own and his friends efforts and reasonings at such meetings, how
ever zealous and powerful, did little good in arresting the pro
gress of defection. " I doubt not," says he in a letter to James
Melville, dated September the 16th 1609, " most loving father,
* As an indication of Gladstanes's disposition towards these Ministers, we shall only
quote one instance taken from his " Memoirs to the King," in which he says, " The
Dyocesian Synode of Fyfe and remanent kirks of my Diocie, betwixt Tay and Forth,
hath bene holden heir in your Majestie's citie, quhair thair was some opposition maid
in the beginning be Mr Jhone Malcolme and some of the auld Melvinian bruide that
remains heir ; but I repressed them by authoritie and reason, to the great content
ment of all your Majestie's gude and faithful subjects that were present in great nom-
ber, swa that thereafter I keiped that Assemblie with great peace and obedience and
reverence to me, so restis onlie the Synode of my Dyocie be-south Forth, which I have
indicted- in Haddingtoun upon the first day of November." Wodrow MSS. vol. lxix.
folio no. 13, p. 18. The Synod here referred to was probably that which was held
at St Andrews in 161 1. See Calderwood's History, vol. vii, p. 157.

LIFE OF MR WILLIAM SCOT. XX111
but if ye would censure us as we deserve in thir things, yee might
verie justlie esteeme us to be voide of all sound affectioun, that
sould be Christians, obliged as we are unto you and to our father,
south by. . . I beseeke you, but ceremonies, (most dear unto
me,) lett us understand with this trustie bearer your minde parti-
cularlie, and wherein we may be more steadable ; for we have need
to be advised and spurred ; we read and we scroll, but the veritie
is wounded, and we make no support." To which Melville replies,
" My deere and most loving sonne, you would be censured and
spurred ; but what I sould censure I see not weill, and to spurre a
running hors I can not, and yet it is true, there is great need of
both to us all." He then proceeds to comment on the Conference
at Falkland, the crafty design of its appointment, and the dark
prospects of the Church. *
Scot, however, though chosen a member of this Conference, was
considered by the Court and the Bishops too dangerous a man to
be allowed to attend the judicatories of the Church, as appears
from his Apologetical Narration, (p. 206) ; and from a minute of
the Provincial Synod of Fife, held at St Andrews, May the 6th,
1614, to the following effect : — " That humble supplicatione be
maid to the King's Majestie, for directing the Secreitt Counsell
to gif ane license to Mrs William Eow, Jhone Carmichael, William
Scot, William Watson and John Scrymegeour, to repair to thair
ordinar ecclesiastick judgementis, and releiving thame from their
confyning." f This restraint, however, was ultimately removed.
In the Assembly held at Aberdeen, August 1616, Scot, with
some others, J were appointed to prepare and publish answers to
" some pamphletts and books full of calumnies, quyetlie sett
foorth, and spred within this countrey be the Papists, and enemies
of the true religioun, ... to the effect, that therby the
geiple may be instructit how to beware of the samein, and the
* Calderwood's History, vol. viii. pp. 48, 49.
t Selections from the Minutes of the Synod of Fife, printed for the Abbotsford
Club, p. 78.
J The others were Mr William Struthers, Minister at Edinburgh, Patrick Forbes,
Laird of Corse, and William Cowper, Bishop of Galloway.

XXIV LIFE OF MR WILLIAM SCOT.
said errours and calumnies may be refutit." * But we are not
aware that either he, or any of the rest to whom this task was in
trusted, ever published any thing directly in answer to Popish
writers. Their attention was probably withdrawn from the Popish
controversy in consequence of the debates arising from the enact
ment and imposition of the Perth Articles, which then began to
agitate the country.
To these Articles Scot was decidedly opposed. He was a mem
ber of the Assembly at Perth, 1618, at which they were enacted,
and distinguished himself by the ability with which he reasoned
against them, both in the Privy Conference and in the open As
sembly. In the Privy Conference, four were named to dispute
the article of kneeling at the receiving of the Lord's Supper, Dr
Henry Philip and Dr William Forbes for the one side, and Mr
William Scot and Mr John Carmichael for the other. Lord
Binning, f in a letter to the King, dated " Santjohnston, the 27th
August, at night," [probably 1618,] giving an account of the Con
ference, says, " Master William Scot of Couper, being command
ed to speak, opponed agains the article [of kneeling] with modes-
tie and protestation, that he would be unwilling to adduce reasons
to impugne ane proposition cumming from your Majestie ; and
thairefter proceiding to his argumentis, was secunded be Mr John
Carmichell, with more vehemencie and wilfullness. They alledg-
ed, that the ordour presently observed in this countrie being
agreable to the Word, and Chrystes institution, and they sworne
at thair admission to the ministrie to observe the true religion
and discipline ressaved in this Church, they could not, with saif
conscience, alter it. Which being answered, they came to the
substance of the question anent the maner of resaiving, and spent
the rest of that day, and ane part of the next, in disputation upon
that subject ; nothing being omitted be the adversaris, which
thair owne inventionis, or the writings" of those who allow thair
* The Booke of the Universal! Kirk, p. 1120.
-)¦ Formerly Sir Thomas Hamilton, Lord Advocate, aud successively Lord Binning,
Viscount Melrose, and Earl of Haddington.

LIFE OF MR WILLIAM SCOT. XXV
opinion, could suggest." * But if we may believe this writer,
their arguments were " wiselie and learnedlie refuted by my Lord
of Glasgow, whom Doctour Lindsay of Dundie, and Doctour
Philip of Arbroath, Doctour Bruce, and sum others of the best
and most learned did assist, with manie evident and pithie rea
sons." He farther adds, " The Article was ordained to be voted
in the Conference, and in end allowed be so great oddis of voices,
as gave wonderfull contentment to all weel affected ; yet the
number of the vulgar Ministers | having vote in the publict As-
semblie being verie great, oure doubt rested what the event
might be, of that which depended upon the opinions of an mul
titude of ignorant and preoccupied people."
At this Assembly it was agreed, that Scot, and Alexander
Henderson, should be translated to Edinburgh ; but the transla
tion of Scot never took place. J The strong aversion of the citizens
of Edinburgh to the Perth Articles probably prevented their
obtaining either of these ministers at that time. But this is an
evidence of the high character which Scot maintained, and of his
reputation as a preacher.
Considering his decided opposition to the Perth Articles, it is
not surprising to find him subjected to trouble on that ground ;
but he seems to have experienced less molestation than some
others of his brethren. In 1619 he was called before the High
Commission held by Spottiswood at St Andrews, § and accused
of being joint author with Mr John Carmichael, minister at
Kilconquhar, and Mr Alexander Henderson, minister at Leuchars,
of the anonymous tract, entitled " Perth Assembly," &c, proving
* Wodrow MSS. vol. lxix., folio, no. 34. See also an account of this discussion
in The Booke of the Universal! Kirk, pp. 1153, 1154.
t A contemptuous epithet applied to those Ministers who were opposed to the Perth
Articles. X Henderson remained as minister of Leuchars till the year 1638 ; when, against
his own inclination, he was translated to Edinburgh.
§ The writer of the Statistical Account of the parish in 1796, speaks thus of Scot :
" This gentleman was of the ancient family of Balwearie, possessed of a consider
able estate, and a great favourite with Archbishop Spottiswood, with whom he passed
much of his time in the neighbouring delightful retreat of Dairsie ;" (vol. v. p. 111.)
Such intimacy, however, may well be called in question.

XXVI LIFE OF MR WILLIAM SCOT.
the Nullity of that Assembly,— (a work of which Mr David
Calderwood was the author) — but they answered with so much
wisdom, that the Bishop failed in obtaining any advantage against
them and they were dismissed with threatenings.* It was pro
bably on this occasion that Scot, in addressing the Bishop, styled
him " My Lord," which led Mr John Eow of Carnock, who
was strongly opposed to giving the Bishops their titles of hon
our, to undertake a journey to Cupar to tender a reproof to his
friend for this supposed species of compliance. This was a point
upon which the Eeformers differed in opinion. Bow's argument
was, that what was wrong in the Bishop to receive, must be
wrong in another to give him. Scot considered that this title
might be given to the Bishops on account of the civil honours
conferred upon them by the King, f But Scot was not surpassed
by Eow in his opposition to prelacy, and in his readiness to suffer
rather than submit to the innovations then introduced into the
Church. Shortly after this, at a conference held at St Andrews between
the Bishops and the Ministers, whom the Archbishop of St
Andrews called together professedly to advise about the best
course for promoting the peace of the Church, Scot exhibited
much firmness. After the Bishops and one of the ministers, Mr
John Carmichael, had given their advice, Scot's opinion being
asked, he prayed to be excused, as he had not that dexterity in
giving expression to his sentiments possessed by some others,
which appeared from the words he had uttered at Perth having been
wrested to a sense which he never intended, and, in that sense,
reported to the King ; but, when farther pressed, he made this
noble reply : " I have continued in my ministrie manie yeers,
spending moe goods nor ever I gained thereby; and now, the
infirmities of my bodie and mind doth so increase that I doe
verilie think the time to be neer of my relaxation; and if his
Majestie be pleased sooner to discharge me, I am readie to
* Row's History, p. 324 ; Calderwood's History, vol. vii. p. 392.
f Row's History, p. 474.

LIFE OF MR WILLIAM SCOT. XXvii
undergo his will in that case, before I embrace these things that
are urged." *
Scot had hitherto performed the whole ministerial duties of the
parish of Cupar alone ; but, about this time, in consequence of his
growing bodily infirmities and the greatness of his charge, endea
vours were made to procure for him some assistance. We meet
with a minute of the Synod of Fife, held at St Andrews the 5th
of October 1619, on this subject : " Anent the suit proponed be
the brethren of the exercise of Couper in behalf of Mr David
Dalgleish, that he may be licentiat to help Mr William Scot in
the burdein of the ministrie their, and preach as he did befoir,
per vices, it was thoucht altogether unlawful and contrair to an
act of the General Assemblie, and theirfoir refused." f The
Church of Cupar was, however, made collegiate about the year
1625, and Mr David Dalgleish was appointed second minis
ter. $
Scot continued many years after this very useful to the Church,
although little is known regarding him in the following period of
his life. But it was during this time that he occupied himself in
writing his " Apologetical Narration," now printed for the first
time, § as appears from the manner in which he occasionally refers
to events of that period.
* Calderwood's History, vol. vii. p. 400.
t Selections from the Minutes of the Synod of Fife, p. 90.
% Dalgleish was admitted to the first charge immediately upon the death of Scot,
and died in 1651. Selections from the Minutes of the Synod of Fife, p. 220.
§ The MSS. which have been made use of in printing this work have already been
mentioned in the Preface. Here we may introduce the account which Wodrow gives
of the MS. of it in his possession, and the estimate which he formed of the work itself.
" There are two MSS." he observes, " said to be his yet preserved ; of which I shall
give the reader some account. The first is his Apologetical Narration. This Mr
Petry sometimes cites in his printed History, and I have a copy of it which I collated
with another copy in the late worthy and learned Mr James Anderson's hands. This
copy had been once in the late David Simson's, who, in Queen Anne's time, had a
pension as Queen's Historiographer, and he wrote a few observes on the margin. In
one of them he asserts that copy to be the original copy wrote by the author's own
hand. What his authority was for this I do not know. It was exceeding fairly writ
ten, and looked like a copy designed for the press, with the marks for all that was to
be printed in italics and other letters. This MS., after Mr Petry, I call Mr Scot's
Apologetical Narration ; for it hath no title in my copy, or the other, and yet I find

XXviii LIFE OF MR WILLIAM SCOT.
The Apologetical Narration has always been regarded as an
authority by Presbyterian writers from the time it was written to
the present day. Calderwood largely availed himself of its mate
rials. Wodrow, indeed, expresses himself unable to say whether
Calderwood had ever seen it ; but that he had seen and perused
it we have every reason to believe. In revising the proofs we
have compared the greater part of it with his History ; from which
it is evident that he had not only read it, but made a very free
use of it in the composition of his own invaluable work. Nor is
Scot any mean authority. To his statement of facts great weight
is to be attached ; for he was not only contemporary with many
of the transactions which he records, but was actively engaged
in them, and had, therefore, the best means of information.
It is not known with certainty that Scot wrote any work except
the Apologetical Narration. There is, however, reason to think
that he was the author of a small work entitled " The Course of
Conformity," which was published in 1622, 4to, and which has
usually been ascribed to Calderwood. * It may be added that two
Sonnets written by him at an early period, are printed in James
Melville's Spiritual Propine. f
The change which took place in ecclesiastical affairs in 1637
it agrees with Mr Petry's citations under that title. It contains about fifty sheets.
It's neatly and very handsomely written in a plain style, and contains a good many
original papers of these times." Wodrow adds, " Whether Mr Calderwood had the
perusal of it I cannot say. He does not mention it amongst the rest of the materials
from which he collected his large history. They were certainly contemporaneous, and
Mr Calderwood outlived him. The substance of the Narration and most of the public
papers are in Calderwood, but not all. It certainly deserves to be published, and is
one of the clearest and most judicious accounts of this Church from the Reformation,
but especially from the introduction of Prelacy to the end of King James the Sixth's
reign and downward to the year 1633 that we have now remaining."
The other MS., besides the Apologetical Narration here referred to, is " A Letter
touching repairing to Diocesan Assemblies and Presbyteries." Wodrow having met
with a copy of this letter, bearing the inscription, " Mr W. Scot of Couper," supposed
it was written by him ; but having found it in substance engrossed in Calderwood's
History without the form of a letter, he came to the conclusion that it was a letter from
Calderwood to Scot on that subject. Wodrow's Life of Scot, and Wodrow MSS.
Adv. Lib. Edin. vol. xxix. 4to, no. 5.
* See foot-note to Preface, p. vi.
t This work was published at Edinburgh, in the year 1598; See M'Crie's Life of
Melville, vol. ii. p. 455-6.

LIFE OF MR WILLIAM SCOT. XXIX
and 1638, when the fabric of Prelacy which had been reared at so
much expense of principle, and violation of law and justice, was
overthrown, must have been contemplated by him with peculiar
satisfaction ; and his wisdom and large experience would be highly
serviceable to those who were the active agents in the movements
of the second reformation. " It was a good providence to this
Church," says Wodrow, " that we had some few old ministers,
though they were very few, that had seen and borne a part in the
glory of the first and purest state of the Church, and had come
through a very long and black cloud of corruption for forty years,
from the [year] 1597 to 1637, and had watched and kept their
garments clean. They were of great use at the building of our
waste places again in the [year] 1638, especially persons of such
gravity, prudence and wisdom as Mr Scot."-*
As to the history of Scot within the more limited sphere of the
respective parishes where his lot was cast, we are without the
means of acquiring much information. Had the Kirk-Session Ee-
cords of Cupar during his incumbency been preserved, they would
doubtless have furnished many interesting particulars connected
with his ministerial labours, as well as illustrative of the manners
of the age.
At length Scot died on the 20th May 1642, f in the 84th year
of his age, J and was interred at the west side of the burial ground
of Cupar, where a handsome monument, said to be executed in
Holland, was erected to his memory, with an inscription, which,
from the action of the weather, and the little care taken for its
preservation, is now quite illegible ; but, fortunately, it was copied
and published by an industrious collector of Funeral Inscriptions
in the year 1713. The old church of Cupar, which was erected
* Wodrow's Life of Scot, MS.
t " Mr Livingstone," says Wodrow in his Life of Scot, " tells us that Mr Scot lived
to the year 1642 or 1646, I am not sure which it is in the original copy." But, from
the records of the Synod of Fife, it appears that the date of his death was 1642.
Selections from the Minutes of the Synod of Fife, p. 219.
% The writer- of the Stat. Account in 1796, says, that Scot died in the 85th year of
his age, (vol. xvii. p. 141.)

XXX LIFE OF MR WILLIAM SCOT.
in the year 1415, in the present locality, was an elegant structure,
133 feet by 54, with two rows of arches. In the same year, the
spire of the church was built, by the Prior of St Andrews, up to
the battlement; and, two centuries later, it was completed by Wil
liam Scot at his own expense. To exemplify the barbarous taste
of later times, the church was pulled down in 1785 ; and replaced
by what was fondly imagined to be " the most convenient and
elegant structure of the kind" in Fife. The steeple and spire,
however, were preserved, and form a conspicuous feature of the
town. The following is the inscription :
ME WILLIAM SCOT'S MONUMENT.
SCOTIS RESUSCITATIS, ANGLIS EXCITATIS, RENOVATO F(EDERE,
REPARATA RELIGIONE, PROSTRATA HIERAECHIA, RESTITUTO
PRESBTTERIO, SUCCENTURIANTIBUS ILLUSTRISSIMIS E PRIMA
NOBILITATE ET MINISTERIO BENE MERITIS IN ECCLESIAM, NUN-
QUAM SATIS MEMORANDIS, CONFIRM ANTE CJESARE BRITAN-
NICO, ADSTIPULANTIBUS REGNI ORDLXIBUS, OBIIT PLACIDISSI-
ME IN DOMINO UNUS, QUI NOBIS CUNCTANDO RESTITUIT REM,
GULIELMUS SCOTUS, ecclesle cuprensis pastor, ex
ILLUSTRI ET ANTIQUISSIMA FAMILIA SCOTO-BALVTRIANA 849
ANNO ^R^E CHRISTI, M.DC.XLII. A. D1. CAL. JUNII 13.
[THE SAME " ENGLISHED," BT R. MONTEITH, M.A. *]
" The Scots being again raised up, the Englishes animated, the
Covenant being renewed, Eeligion restored, the Hierarchy thrown
down, Presbytery again set on foot, the most illustrious of the
chief Nobility and of the Ministry, favourers of the Church never
enough to be remembered, all appearing, the King confirming,
and the Estates of Parliament concurring, died most pleasantly
in the Lord, one who by mature counsel restored to us our busi
ness, Mr William Scot, Minister of the Church at Cupar, and
* " An Theater of Mortality, or, a Further Collection of Funeral Inscriptions over
Scotland; Gathered, &c, by Robert Monteitli," p. 201, Edinburgh, 1713 8vo.

LIFE OF MR WILLIAM SCOT. XXXI
the 84th person* lineally descended from the illustrious and ancient
family of Scott of Balweirie. He died, 20. May 1642."
From this sketch it is evident that wisdom, prudence, mode
ration and fidelity were all combined in the character of Scot.
The part which he took in the great controversy of his day between
the Court and the Presbyterians we are at no loss to determine ;
for, in his Apologetical Narration, he comments with great free
dom upon the affairs which he relates. A man of his standing had
powerful temptations to resist ; for had he become a supporter
of the measures of the Court, he would doubtless have risen to
high preferment. But, having adopted from conviction the cause
of Presbytery, he entered cordially into the conflict against these
measures ; and, possessing too high principle to yield his convic
tions to the current of existing circumstances, he persevered in
it faithfully to the close of life. Mingling with the leading men
of the strict Presbyterian party in his day, he proved an able
coadjutor, and possessed a high place in their estimation. James
Melville, with whom he lived in terms of intimate friendship,
uniformly speaks of him with the highest respect, reckoning him
among the number of " the maist grave, godlie, and discreit
breithring of the Synod of Fife." t Andrew Melville appears also
to have highly esteemed him. In a letter to James Melville in
1611, he says, " Menalcas| of Cupar, on the Eden, is, I hear,
constant ; and I hope he will prove vigilant in discharging all the
duties of a pastor, and not mutable in his friendships, as too many
discover themselves to be in these cloudy days. Salute him in my
name." And in another letter to Mr Eobert Durie, dated Sedan,
24th May 1616, he says, " Faine wold I heare good things from
Mr William Scott, Mr John Carmichell, and Mr John Dykes,
* Monteith had evidently mistaken the year of Scot's age for the degree of his
descent from the Scots of Balwearie. Sir Robert Sibbald, in the year 1710, supposes
this family to have flourished for 500 years ; but the 84th in lineal descent would,
even at a moderate computation, carry their pedigree to a few centuries anterior to the
Christian sera ; certainly before the arrival of the Romans in Britain.
t Melville's Diary, p. 386.
X A classic name which, in conformity with a jocular style of address not unusual
with him, he applied to Scot.

XXXli LIFE OF MR WILLIAM SCOT.
whom I hope the Lord hath not left destitute of his good Spirit,
but that they shine as burning lamps in the mids of that confused
darkness." * John Livingston, who was personally acquainted
with him, thus speaks of him : " Mr William Scot, minister at
Coupar in Fife, [was] a wise, learned, prudent man, who under
stood the laws and customs of nations above many others. He
was one of those who were called up to London before the pre
tended Assembly of Glasgow, that brought in Episcopacy, and by
his prudence he so helped the rest, as the enemies got no advan
tage, and yet they were all sent home again, except Mr Andrew
Melvill, who was committed to the Tower. It is said that the
Earle of Salisburie, wondering at his wisdom, offered him a great
pension and place, if he could have stayed in England, being
sometimes in his house. I have wondered to see how he would
give counsell in very intricate cases." t To conclude these remarks
on his character in the words of Wodrow, " Among our ministers
who succeeded the Eeformers of this Church, there were not many
superior to Mr William Scot, in piety, gravity, learning, splidity
in judgment, singular wisdom in difficult cases, stedfastness to the
principles and purity of this Church. Even such who brought in
corruptions and prelacy professed a very great regard for him, and
he and Mr John Carmichaell seem to have borne the most conspi
cuous share in the struggle maintained with the prelates from the
[year] 1610 downward to 1630. They had the pleasure, indeed,
when our Melvilles, Bruces, Boyds, Scrimgeors, and Simsons, and
many other worthies of the elder sort were banished, confined, or
removed by death, to observe a new set of very eminent men
coming up to appear for the purity of the Church, of Mr David
Calderwood, Mr David Dickson, Mr Alexander Henderson, with
many more, who made a very great figure upon the happy turn,
1637." * M'Crie's Life of Melville, vol. ii. pp. 426, 532.
t Characteristics, in Select Biographies, printed for the Wodrow Society, vol. i. p.
311.

NOTICE OF THE LIFE

OF

MR JOHN FORBES.

John Forbes, the author of the second work in this volume,
entitled " Certaine Eecords," &c, was descended from
Forbes of Corse, in the parish of Coull, Aberdeenshire. The
founder of this house, from whom he was the fourth in lineal
descent, was Patrick Forbes, the third son of James, second Lord
Forbes, and armour-bearer to King James III., to whom that
monarch, as a reward for his faithful services, granted by charter,
dated at Edinburgh, 17th Dec. 1476, " Omnes et singulas terras
Baroniae de O'Neil, videlicet terras de Coule, Kincraigie, et Corse,"
&c. Patrick Forbes, first of Corse, was succeeded by his son David,
who has been described as a " gallant and brave man." David was
succeeded by his son Patrick ; who again was succeeded by his son
William, who early embraced the doctrines of the Eeformation,
and is described by Dr Garden, the biographer of Dr John Forbes,
as " a man of sagacity and spirit" — " vir sagax et magnanimus."
He married Elizabeth, daughter of Alexander Strachan of Thorn
ton, iii Kincardineshire, the head or chief of the ancient family of
Strachan, and died in July 1598.
Of this union there were seven sons and five daughters. 1.
Patrick, the eldest, and heir of his father, was born in 1564,
and became in 1618 Bishop of Aberdeen, an office which he
filled for seventeen years. He was distinguished for his learn-

XXxiv LIFE OF MR JOHN FORBES.
ing, piety and worth, and died 28th March 1635, aged 71. He
married Lucretia, daughter of David Spence of Wolmerston, in
the county of Fife,* by whom he had two sons, William, who suc
ceeded his father, but who died without issue, and John, the cele
brated professor of Divinity and Ecclesiastical History in King's
College, Aberdeen, who succeeded his brother ; but his male line
becoming extinct, the representation of the family devolved on the
house of Craigievar, which will be immediately noticed. 2. Wil
liam, the second son, was educated at Edinburgh, and by his suc
cess in commercial enterprise amassed a large fortune, with which
he purchased considerable estates, as appears from no less than
five charters executed in his favour under the Great Seal, of differ
ent lands and baronies, some in Aberdeenshire, some in the county
of Fife, and some in Forfarshire. He founded the family of
Forbes of Craigievar, so called from the lands of Craigievar, in
Aberdeenshire, which formed part of his property. 3. John, the
author, of whom we are about to speak somewhat more particu
larly, was the third son. 4. Arthur, the fourth son, who followed
the military profession, was for some time abroad, where he distin
guished himself in the Swedish service, and on his return settled
in Ireland, and was created Baronet in 1628. His son was ele
vated to the rank of the Irish peerage, under the title of the Earl of
Granard, by Charles n. in 1675 ; from whom the peerage has passed
by uninterrupted succession, from father to son to the present time.
Of the other children little is now known. Captain Alexander,
the fifth son, and James, of Knockandrach, the sixth son, both died
without issue. The eldest daughter, Margaret, was married to
the Laird of Thainstone ; the second, Agnes, to the Prior of
Monymusk ; the third, to John Farquharson of Norham ; the
fourth, Elizabeth, to Duncan Forbes of Campbell ; the fifth, to
Alexander Ogilvie of Mildarie. *
* Douglas's Baronage, p. 75 ; Lodge's Genealogy of the Existing British Peerage,
p. 165; Lumsden's Genealogy of the Family of Forbes, with continuations, p. 21;
Collections for a History of Shires of Aberdeen and Banff, printed for the Spalding
Club, p. 607 ; Biographical Memoirs of Bishop Patrick Forbes, prefixed to Funeral
Sermons on his Death, printed for the Spottiswood Society, pp. xxv., xxvi.

LIFE OF MR JOHN FORBES. XXXV
The information which we now possess respecting John Forbes,
relates, in a great measure, to his prominent share in some of the
most important ecclesiastical transactions of his day, which at that
time excited much interest, and involved the great principles con
tested between King James and the Presbyterian ministers. He
was born about the year 1570, and was probably educated at
King's College, Aberdeen. Having studied for the ministry,
and received licence as a preacher of the Gospel, he was first
settled at Alford, a parish in Aberdeenshire, and the seat of a
Presbytery. Into that remote part of the country the light of the
Eeformation had but very partially penetrated, and the people
were generally sunk in the ignorance, superstition, idolatry, and
moral degradation of Popery. It was thinly planted with Presby
terian ministers, and they met with much opposition and discour
agement, particularly from the Earl of Huntly, whose whole influ
ence was thrown on the side of the Popish interest. The situa
tion in which Forbes was placed was, therefore, difficult ; requir
ing much fortitude, prudence and fidelity, and he gave full proof
that in none of these qualities was he deficient.
The high estimation in which he was held by his brethren in
the North is evident from their appointing him, in 1605, to appear
in their name, first before the Privy Council, and then before the
Court of England, to justify their proceedings in reference to
the Earl of Huntly. At this time the Earl received much coun
tenance, both from the King and his courtiers, which encouraged
him not only to continue in the profession of Popery, but also>
to employ his powerful influence for its support in the North of
Scotland ; and from this it was manifest that the King, now
when peaceably put in possession of the three kingdoms, was
influenced in favouring the Earl from other considerations than
the pretended one he had urged previously to his succession
to the throne of England, — the necessity of conciliating the
Papists of that country. Huntly thus presuming upon impunity
through royal favour, did not scruple openly to treat with abuse
the Presbyterian ministers when they made him the subject of
c2

XXXvi LIFE OF MR JOHN FORBES.
discipline ; and when the Synod of Aberdeen were taking steps
to excommunicate him, he raised a process against them before
the Council. This took place in February 1605. In these cir
cumstances Forbes and Charles Ferme or Fairhqlme appeared
before the Council to defend the proceedings of the Ecclesiastical
Court in this matter. Stratoun, Laird of Laureston, the King's
Commissioner, who seems to have" been more partial to the adher
ents of Popery than to the stricter Presbyterians, whom he was
accustomed to call, by way of contempt, " the Puritans," sent
a letter to the Council, ordering them to give out letters of
horning, warding and banishment against the ministers of the
North, who had been most zealous and active in their opposition
to Popery, and in proceeding against Huntly, provided they would
not desist from the course of ecclesiastical discipline which they
had instituted against him. The consequence was, that the Coun
cil prohibited the Synod of Aberdeen, both by personal charges
and by public proclamation at the Market Cross of that city, from
proceeding against the Earl, under pain of rebellion. This was
done under the pretext of the new offers which he promised to
give in for their satisfaction. But Huntly, who had no sincere
intention of submitting to the Church, failed in performing what
he had promised, and derided the ministers when they required
him to subscribe the Confession of Faith, declaring he would not
subscribe it himself, and bidding his " man" subscribe it for him.
This led to the appointment of Forbes by the Synods of Aber
deen and Murray, with the advice of the Council, to repair to
the Court in England, to furnish the King himself with a particu
lar and correct account of the ecclesiastical proceedings in refer
ence to the Earl, and to represent to him the lamentable condition
of the North in consequence of the growth of Popery, and parti
cularly to lay before him as one of their grievances, the encourage
ment and support given to the Popish superstition by that noble
man. *
* Wodrow's Life of Forbes, MS. ; Melville's Diary, p. 570 ; Calderwood's History,
vol. vi. p. 271 ; Row's History, p. 227 ; Forties's Records, p. 381.

LIFE OF MR JOHN FORBES. XXXV11
The letter of the Synods of Aberdeen andTVlurray to the King?
informing him of the appointment of Forbes on this mission, is
as followes : — *
" It may please your Sacred Majestie,
" The gret necessitie of our effaires in generall, and off the par
ticular dealing we have this lang time haid with the Marquess of
Huntlie, does enforce us, in all reverence and humbill submission,
to acquaint zour Majestie with all our proceidingis, and present
difficulteis quhairwith we ar straitit, and that be ane of our awin
number, our loving brother Mr Jhone Forbes, off quhome baith
for his fidelitie and uprightness, and for his sincere affectioun borne
to the advancement of the kingdome of God, zour Majestie's ser
vice and peace of the land, we haiff maid speciall choise, and have
authorisit him with our commission toward zour Hienes ; beseik-
ing zour Majestie, in all humbill and hartie affectioun, to grant him
zour Majestie's gratefull acceptance, and favourabill countenance
with ane indifferent eare, in his delyverie of suche thingis to zour
Majestie as we have committed to his credit, trusting so far to the
constant assurance, quilk our hartis does still brook, of zour Majes
ty's unchangeable stedfastness and continuance in zour Hienes
godlie zeall and fordwart affectioun ever hitherto borne, and at all
tymes clearlie manifestit, to the maintenance and promoving of the
licht and libertie of the Gospell of Jesus Christ, not onlie in the
mater off doctrine but also in the odour of government and disci
pline therein manifested, that gif zour Majestie graunt him audi
ence but prejudice, he sail give zour Majestie ane full contentment
of all proceedingis, and sail obten at zour Majestie's handis ane
gratious answer to all our humbill and lawfull desyrs, all tending
to the glorie of God, advancement of zour Hienes honour, and
forder quyeting of zour Majestie's subjectis. The report quhairof,
committing to the sufficiencie of our Comissionar forsaid, in all
reverence, submission, and humilitic of our hartis, we tack our
* Wodrow MSS. vol. lxix., folio, no. 24.

XXXviii LIFE OF MR JOHN FORBES.
leave, beseeking God to graunt to zour Majestie long and prospe
rous reigne. " From our Assemblie at Aberdein, the twentie ane day of
Februar, ane thousand sex hundreth and fyve zeiris.
" Your Majestie's humbill subjectis,
A. Blakburne. P. Blakburne.
Chairlis Ferme. David Eaitt, Moderator.
Ad. Burnett. Mr James Eoss.
Mr Eobert Eeid, Scryb to the Provinciall Assemblie of Aberdeen.
Mungo Guthrie, Moderator of theProvinciallAssemblieof Murray.
George Dovglas, ane of the Commissioners of Murray.
DuNDAS, Comissionar for Murray."
Forbes went to Court in March in execution of this commission.
The Earl of Huntly hearing of his journey, immediately proceeded
to Court with all haste, to pre-occupy the mind of the King, and
arrived there before Forbes. But Forbes being admitted into the
King's presence, and having laid before him the grievances of the
Church in the North, was favourably heard, and sent back with
diligence, carrying a letter to the Council, strictly requiring them
not to resist the authority and jurisdiction of the Church, * and
another to the Church, containing assurances of the King's con
stancy in the religion in which he had been educated, and his
purpose to preserve unaltered the order of Church government
established by law in Scotland, and the Acts of Parliament with
respect to General Assemblies, t
* It would, however, seem, that this letter was without effect ; for, in a letter to the
King, dated 20th February 1606, by tho Synod of Aberdeen, in which the Synod
" lamentabillie offeris to your Majestie the grieffis of the Kirk and all good men in
our boundis ;" the following is one of their grievances : " Thirdly, that quhen the
ministrie of the Synodis of Abirdeen and Murray laboris be the censures of the Kirk
to reduce my Lord Marques of Huntlie, and Eai-11 of En-oil, to the aeknowleging of
the treuth, and leaving of Papistrie, they are continually discharget he your Majestie's
letteris of horning."
t Melville's Diary, p. 570 ; Row's History, p. 227 ; Forbes's Records, p. 382.

LIFE OF MR JOHN FORBES. XXXIX
At his return to Edinburgh from London the time of the meet
ing of the General Assembly, which had been prorogued to July
1605, was approaching;* Forbes had some conversation on that
subject with the Chancellor, who expressed himself not unfriendly
to the keeping of the Assembly, provided it should only meet, and,
without the transaction of any business, be dissolved ; while Forbes
engaged to use his influence with his brethren that nothing more
should be done, t The Chancellor, who was at heart no friend to
the Bishops, was disposed, we have every reason to believe, from
his opposition to them, to encourage the ministers to meet together,
although afterwards, upon perceiving the King's hostility to that
meeting, and his determination to punish those who had kept it,
he became active in their prosecution from mere personal interest.
And from this interview with the Chancellor, together " with the
seemingly kind entertainment Mr Forbes had from the King while
at London, to keep by the Acts of Parliament, by which the
annual meetings of Assemblies were legally secured, and to hold
by the constitution of the General Assemblies, Mr Forbes was
* In the Assembly held at Holyroodhouse in November 1602, his Majesty being pre
sent, the next Assembly was appointed to meet at Aberdeen on the last Tuesday of
July 1604 ; hut this meeting having been prorogued, in the name of the King, by
Laureston and the Commissioners of the General Assembly, to the 2d of July 1605, it
was not kept ; the only Commissioners who came to observe it being three from the
Presbytery of St Andrews. The Church awakening to a conviction of her pusillani
mity and unfaithfulness in deserting that diet, many gentlemen and Commissioners
from Synods in the South and West, convened at St Andrews, where the Synod of
Fife were meeting, in September 1604, to take measures for holding the General Assem
bly in July 1605. The same subject was brought under the notice of this Synod at its
next meeting at Burntisland, April 30. 1605, in a letter addressed to the Synod by
James Melville. By the way, it may be observed, that Calderwood in his History ap
pears to have fallen into a mistake, when, in giving an account of this meeting of the
Synod of Fife, he says, " The King's Commissioner was present, and promised to deal
earnestly with the King for licence to keep the next ensuing Assembly," vol. vi. p. 278.
Forbes in his " Records" certainly makes a statement the very reverse of this, pp. 380,
381. And Forbes's statement is corroborated by a letter which Laureston wrote to
the King a few days after the meeting of the Synod. See Appendix, No. I.
t The Chancellor was afterwards subjected to some trouble on account of what passed
between him and Forbes on this occasion. He stoutly denied that he had ever given
Forbes the slightest encouragement to hold the obnoxious Assembly. See a letter of
his to the King on this subject in Appendix, No. II. ; with which compare the full and
particular account which Forbes gives of the whole affair in the 12th Chapter of his
" Records."

xl LIFE OF MR JOHN FORBES.
led to think that the time to which the last Assembly was ad
journed might be kept without any great offence to the King and
courtiers. Meanwhile it was singularly necessary for the preser
vation of the liberty of General Assemblies; and what was Mr
Forbes's opinion could not but have a considerable weight with
others, considering he was just come from Court, and behoved to
have the best views of the seasonableness of such a meeting." *
The Assembly, accordingly, was held by nineteen ministers,
who came to Aberdeen as commissioners, on the 2d of July. Its
proceedings may be briefly stated. After sermon by Mr James
Eoss, one of the ministers of the city, Sir Alexander Stratoun
of Laureston, the King's Commissioner, having informed the
Ministers assembled that he had a letter from the Privy Coun
cil, requesting them, in a friendly manner, not to meet at that
time ; it was agreed, as the Council's letter was addressed " To
the Brethrein of the Ministry convened in their Assembly at
Aberdeen," before reading it, to constitute the Court and choose
a Moderator. The meeting having been constituted by prayer,
Forbes was unanimously chosen Moderator, and the Council's
letter referred to having been read, discharging the Assembly,
and forbidding them to appoint another diet without previously
acquainting his Majesty, the only resolution come to was to
transact no business, and to prorogue the Assembly, with the
advice of the Commissioner, to a new day ; and having requested
Laureston to name a day and place for their next meeting, and he
refusing to do so, the Moderator appointed the last Tuesday of
September following. Upon which the Commissioner protested,
that he never acknowledged the lawfulness of that Assembly, as
the Moderator of the last Assembly and the Clerk were absent ;
while the Moderator, in the name of his brethren, made a counter
protestation. Then a messenger-at-arms, by order of the Com
missioner, delivered to the Moderator a subscribed charge of his
Majesty, commanding the Assembly to dissolve, under pain of
horning. The charge having been read and considered, the Modc-
* Wodrow's Life of Forbes, MS.

LIFE OF MR JOHN FORBES. xli
rator, with consent of the rest, after prayer, dissolved the Assem
bly. This is a summary view of the whole proceedings. The
Assembly simply met ; chose a Moderator ; resolved to transact
no business ; appointed a future meeting, and when charged by
the King to dissolve the meeting, dissolved it. * After the disso
lution, other nine commissioners, having been misled by the let
ters of Laureston, and the Commissioners of the Church, in which
the day of meeting was on purpose differently dated, made their
appearance, eight on the 4th of July, and one on the 5th ; and
they united in expressing their approbation of what their brethren
had done.
The tyrannical measures of the Court which followed are fully
stated in his " Eecords," and need here be only glanced at.
The ministers being summoned by order of his Majesty before
the Privy Council, fourteen of them, t having defended the lega
lity of their conduct, were condemned to be incarcerated in diffe
rent parts of the country, some in the castle of Blackness, and
others in the prisons of Dumbarton, Stirling and Doune. Forbes
and John Welsh, being the most distinguished, and regarded as
ringleaders, were treated with greater severity than the rest, being
* The Council indeed published " A Declaration," &e., on the subject, giving a very
different account ; but which Forbes has completely proved to be foil of misrepresen
tation. A counter statement was published by the Ministers, entitled, " A Faithful
Report of the Proceedings anent the Assembly of Ministers at Aberdeen, upon Tues
day, 2d July 1605." Both these documents are in Calderwood's History, vol. vi. pp.
419 and 437. Spottiswood's narrative of this Assembly is just an abstract of the
Council's Declaration. Wodrow, in his Life of Forbes, has some remarks on the in
accuracy of Spottiswood's account, for which see Appendix, No. HI.
t Among this number were two of Forbes's co-presbytors, who, along with him, had
been chosen by the Presbytery of Alford Commissioners to Aberdeen Assembly,
namely, Mr James Irvine, minister of Tough, and Mr Robert Youngson, minister at
Clatt. These two, though not tried like Forbes for treason, were at last banished.
Among other evils of the long imprisonment and ultimate banishment of these minis
ters of the North, was the disastrous influence which it had upon the moral and
religious condition of that part of the country, where, at that time, Presbyterian
ministers were thinly planted, and where the labours of such zealous men could ill
be spared. Accordingly, in the letter to the King, dated 20th Feb. 1606, by the
Synod of Aberdeen formerly quoted, one of their grievances is, " that ane great num
ber of kirkis, planted in this countrey, are leaft altogether desolate, be the lang conti
nuing in ward of thair pastoris, seeing the maist pairt of utheris kirks arc unplanlit."
Wodrow MSS. vol. lxiv. no. 39, p. 64.

xlii LIFE OF MR JOHN FORBES.
imprisoned in separate cells in the Castle of Blackness, and se
cluded from all intercourse with their friends. These fourteen
ministers having declined the authority of the Privy Council, as
incompetent judges in their cause, because purely ecclesiastical,
and, therefore, what should have been tried only by the Church
Courts, six * of them were served with an indictment, to stand
trial for high treason before the Court of Justiciary, at Linlith
gow, in January 1606. The charge brought against them in their
indictment was, that they had treasonably declined the authority of
the Privy Council ; the charge of treason being founded on a law
enacted in 1584, during the infamous administration of Arran,
which declared it treason for any to decline the King and his
Council as competent judges in all matters whatsoever; a law,
however, which, in so far as it applied to ecclesiastical matters,
was set aside by a subsequent statute in 1592.
The Ministers appeared before the Court at the day appointed ;
and had justice and eloquence prevailed, they would doubtless
have been acquitted. Their counsel made an able and unanswer
able defence. The speeches of Forbes and Welsh were bold and
eloquent, exhibiting the most resolute firmness of purpose in
adhering to the cause of truth, and yet the utmost respect and
loyalty to their Sovereign ; and they made a powerful impression
on the jury and all who were present. Forbes especially distin
guished himself on that occasion. We shall quote his opening
address to the Assize or Jury, as reported in one of the Manu
scripts t of his " Eecords " : —
" The reasoning being endit, and the assise to be inclosed, the
pannel % desired yet to be heard ; in whose nsme Mr John
Forbes did speak to the Assise : First, Earnestly willing them
to take heed to themselves quhat they did in that matter, and
* These were, besides Forbes, John Welsh, minister at Ayr ; Robert Durie, minis
ter at Anstruther ; Andrew Duncan, minister at Crail ; Alexander Strachan, minister
at Creich ; and John Sharp, minister at Kilmany.
t This, the opening speech of Forbes before the jury, is taken from Swinton'sMS.
See it as given in Gibson's MS. p. 480.
X That is, the six Ministers before the bar.

LIFE OF MR JOHN FORBES. xliii
gravely to consider the cause quhairof they were accused, lest, by
ignorance or unadvisedness, they sould bring innocent blood upon
themselves. And for removing all scruple that yet remained in
their minds, anent their alledged contempt of his Majestie's com
mand and disobedience to his chairge, in respect either of the pre-
tendit chairge execute by Lawrestoun, or the Counsell's missive
letter, or letter direct from the Commissioners, [he] first, protested
in the sight of God, who knows the secrets of all hearts, that, as
they should answer to him in that great day, they never heard nor
understood of any sic chairge given publickly as was alleaged,
neither that any notice or information thereof ever came to their
eares, directlie or indirectlie, be Lawrestoun himselff, allbeit still
present with them, in and at their Convention, or be the officer, or
witness, or any uther living creatour, and that, in their conscience,
they were perswadit, (and beleived that so also were the Lords of
his Majesty's Counsel!,) that it was a manifest forgerie and falset ;
neither would Lawrestoun, his officer nor witnes, stand to it, if
they were earnestlie and exactlie examined. Besydes, that they
had oftymes, by their letters of supplication to the Counsell, desyred
to be heard, to reduce and improve the same, bot all their bills and
suits were continuallie rejected be the Lords, and they never
admitted to plead for themselffes ; in the quhilk action they durst
be bold upon no less hazard then their lyffes, to tak upon them
the verification of the falsehood therof. And for testification of
their reverend regaird of obedience to his Majesty, declaired their
readie and willing obedience, geven the 2d of Julij, in their
Assemblie, these same letters being personallie execut against
them ; quhairof they had famous testimonie under the subscription
of their nottars.
" Concerning the Counsell's missive, he declaired, first, That the
very direction of it upon the back, if there had bein no uther neces-
sitie, did sufficientlie witnes both the necessitie and lawfullnes of
their Assemblie ; for seeing it was direct ' To the Brethreine of
the Ministrie, conveined in their Assemblie at Aberdein,' it could
neither be resaived, read nor answered, except they had bein as-

xliv LIFE OF MR JOHN FORBES.
sembled. Secondlie, touching the answering of it, That it was
obeyed in the first pairt, anent their present dissolving and conti
nuing of all the effaires of their Assemblie, to Lawrestoun his con
tentment : as for the secound, ' that they sould appoynt no new
day,' it was repugnant to the lawes both civili and ecclesiasticall.
Besyde it was a thing quhilk of conscience they could not obey, in
respect thereby the Kirk sould have beine depryved of her liber-
tie, the Generall Assemblie sould have deserted, and all ordinar
occasion, according to the lawand custome observed, and prescryved
ordour of meitting, taken from the Kirk by their deid ; for the
quhilk they could not have been answerable to their Synods and
Presbitries who sent them. And farder declared, that befor the
designation of the day maid be them, it was first offered to Law
restoun to appoynt the nixt dyet, long or short as he pleased, and
was refuissed be him. . Lastlie, concerning that letter, it being a
privat missive and desyre of the Counsell, That it neither ought
nor could import rebellion to his Majesty, and contempt of his
Hienes command, allbeit it had been whollie disobeyed.
" The letter sent from the Commissioners of the Generall As
semblie, he declared that it could be no ground to infer disobedi
ence to his Majesty, in respect both of the persons who sent it,
and the form of it. For in the Generall Assemblie at Halyrud-
' house, in his Majesty's presence and with his consent, all power of
prorogation, drifting, delaying or altering the dyetts of the Ge
nerall Assemblie, was taken from the Commissioners; and ther-
for they wer no wayes haulden to acknowledge ther command
in that poynt. Nixt, in the forme it was most unlawful and
repugnant to all lawes and resaived ordour of the Kirk, seeing it
requyred ane prorogation indefinite to no certaine tyme nor place.
Morover, that albeit disobedience might be inferred thereon, zet
could it not, neither ought it to be layed to ther chairge, hot ther
Synods and Presbitries, to whom the letters were direct, seeing
they went at ther command, whom they are holden to obey. Be
syde all this, that some of them had not resaived the said missive
till they wer come to Aberdcin.

LIFE OF MR JOHN FORBES. xiv
" And farder, to make it manifest that they could nowayes be
accuissed for meitting without his Majesty's consent, [he] declared
that they had ane warrand subscryved be Lawrestoun and Mr
Patrick Galloway, appoynting that same day and that place for
the Assemblie ; and heirupon regrated the strange dealling used
against them, who being taken in no iniquity, whose doeing could
be damned be no law, who were found within the compas of their
calling, exerceissing the ordinar poynts therof, agrieable to the
Word of God, according to the lawes of the land, ordinance and
ordinarie custome and practeisse of the Kirk since reformation of
religione; yet not the les wer so troubled in bodie, thrust into
prissone, drawen befor judgment-seatts, condemned as evill doers,
revylled as seditious, heigh mynded, unrewlie spirits, troublers
of the peace of Kirk and Commonwealth, and authors of all the
evills quhilk are brought and lyke to be brought upon the House
of God; and that not only be the Counsell, bot be their own
brethrein, the Commissioners of the Generall Assemblie, who as
they were the very instruments and procuirers of all that harme to
the House of God, so wer they the cheiff and principali authors of
their trouble, by their callumnies and lies, entyseing and still in
censing his Majesty against them, by a false pretence of disobedi
ence ; intending to bring his Hienes by their pollicie to be ane
promover of their iniquitie and wicked purpose of overthrowing
the lawfull libertie, ordour and jurisdiction of the House of God,
and bringing his Kirk again in bondage to that antichristian
tyrranie of the Eomishe Hierarchie ; quhilk heirtofor, as contrair
to the Word of God, hes -bane by publict profession, subscription
and oath, abjured be themselffes : — quhilk wickednes, becaus it ap
peared sumwhat to be impedit by their lawfull proceidings, ther-
for was it that the Commissioners did endeavour to bring them
to condemne and dissallow their own doeings ; ever collouring
their malice with the schow of his Majesty's wrathe, steirred up
be themselffes, and intending to cover their own wickednes with
the cloak of their brethrein's sufferings, whom they mynd to cause
bear, albeit innocent, the punishment of their iniquitie, that the

xlvi LIFE OF MR JOHN FORBES.
more secuirlie they may accomplishe their wicked intention against
the Kirk.
" Heirefter, that the Assyse or Jurie might know how farr that
matter committed to their tryell did concerne themselffes in con
science, he did remember them, upon that solemne Confession of
Faith resaived, sworn and subscryved be every one of themselffes
and the haill Lords ; in the quhilk they had sworne, by the great
name of the Lord their God, not only to continue in the doctrine
and discipline of the Kirk, bot also to defend the same, according
to their vocation and power, all the dayes of their lyfe, under no
les paine then the danger both of bodie and soull, in the day of
God's fearfull judgment ; and therfor willed them to take heid to
themselffes quhat they did in that matter, seeing they stood that
day accuissed for exerceissing and maintenance of that discipline
quhilk they were bound to defend, — for exerceissing of it in their
Assemblie at Aberdeine, for maintenance of it in giving in ane
Declinatour of the Counsell's judgment in a matter ecclesiastick,
quhilk according to the said Discipline, Word of God and lawea
of the land, ought only to be judged by the Kirk : lastlie, that
they sould not be abuised by that false construction of their De
clinatour given out by their adversaries, and thereby be induced
to convict them. He oppened up to them the malicious glosse
maid upon their Declinatour, as though thereby they had dis
claimed themselffes from all subjection to his Majesty or his Coun-
sell ; and for clearing of their innocencie in that poynt, did de-
claire how at all tymes they had professed their willing subjection
to his Majesty and his Secret Counsell in all things civili; so
that by their Declinatour they had done nothing quhilk in any
sort could derogate any thing to his Hienes Eoyall authoritie over
them, or quhilk was contrair to the lawes of the kingdome or prac
teisse of the Kirk in his Majesty's presence ; neither ever had they
secluded his Majesty by their Declinatour from the judgment of
their cause in the Generall Assemblie. And, for clearinsr heirof, he
willed the assyse to read and considder their Supplication, given
in to the Lords of Counsell befor their Declinatour; quhilk did

LIFE OF MR JOHN FORBES. xlvii
beare and expresse submission of them to the Counsell and other
civill judicatours, in quhatsoever thing they sould be found to have
transgressed against any civill law ; and heirwith [he] did delyver
the coppie therof to the clerk, to be read to them ; and farder
willed them to consider of the declaratione of their Declinatour,
then instantlie maid be them befor the Justice and Lords, quhilk
was insert in the Justice bookes ; and so concludet with significa
tion of their readiness to seall up the trueth and veritie of all that
they had done and suffered for with their lyves, as the veritie and
trueth of God, quhilk both they and the Lords and assyse or jurie
were obleidged, by their forsaid Covenant, to maintaine ; and ther-
for chairged them in the sight of God, so to judge of them that
day as they would wishe the Lord to judge of themselffes in that
great day quhen they sould be compelled to render an accompt to
him of their forsaid oath and bond."
Forbes's second speech at the bar, in reply to the Lord Advocate,
was equally characteristic. The application which in the perora-r
tion he made to the King of Saul's violation of the covenant and
oath which Joshua entered into with the Gibeonites, and of the
punishment of that violation in Saul's posterity long after his death,
produced a thrilling impression. In the expressive language of
James Melville, who was present, " the quhilk maist pithilie reas-
soneing, from less to moir, he applyit to the King ; and thairon,
directing the admonition and threatneing most terribill, maid all
the heiraris astonischit, and their hairis to stand." *
But these defences, powerful and eloquent though they were,
proved unavailing. It was the determination of the Court that
they should be found guilty ; and to effect this the most discredit
able arts were employed. From an apprehension of the difficulty of
their condemnation, the Earl of Dunbar, Lord High Commissioner,
was sent down to Scotland to bring them to a trial by jury, and to
secure their conviction. The Court, instead of being held in Edin
burgh, where the citizens were friendly to the Ministers, was held
* Melville's Diary, p. 625.

xlviii LIFE OF MR JOHN FORBES.
at Linlithgow ; twenty of the Privy Councellors were appointed
assessors to the judge ; the jury was packed with the kinsmen and
friends of the Earl of Dunbar, and, in his address to the judges he
attempted to bribe them by promises, and to overawe them by
threatenings. After the jury had retired, the Crown officers, upon
learning that it was their purpose to acquit the Ministers, held
with them the most illegal intercourse, endeavouring by all means
to influence them to return a verdict of guilty. It was by such
disgraceful methods as these, that a majority of nine to six found
the prisoners guilty of treason.
The doom to be pronounced was delayed for some time till
his Majesty's pleasure should be known. The King at length
resolved to banish them out of all his dominions for life, and)
having communicated this resolution to the Council,* sentence
was formally pronounced upon them on the 23d of October,
and on the 7th of November they embarked at Leith for France.
The scene on that occasion was very affecting. Many of their
friends were assembled to bid them farewell. Before embark
ing they fell upon their knees on the shore and prayed with much
fervour, which greatly moved the spectators ; and, after joyfully
singing the 23d Psalm, took leave of their brethren and acquain
tances, went into the ship, and landed safely in France, t
Such was the result of the proceedings against Forbes and his
associates, which the great body of the intelligent people of Scot
land at that time regarded as tyrannical and oppressive, and which
produced in them a deeper aversion to Episcopacy and an increas
ing dislike to the Bishops, whom they believed to be the chief insti-
* The King at the same time wrote to the Council informing them of his purpose
respecting the other eight ministers who had not heen brought to trial, hut who were
lying in prison. By the letter to the Council, Mr Charles Ferme was ordained to be
confined in the Isle of Bute ; Mr John Monroe in Kintire ; Mr Robert Youngson in
the Isle of Arran ; Mr James Irvine in Orkney ; Mr William Forbes in Shetland ;
Mr James Grey in Caithness ; Mr Nathaniel Inglis in Sutherland ; and Mr John Ross
in Lewis. Messengers were directed to charge the ministers to enter tho places of
their exile, and " not to exceed the same without licence under pain of death." Spot
tiswood's History, p. 499.
f Melville's Diary, p. 669 ; Row's History, p. 210.

LIFE OF MR JOHN FORBES. xlix
gators of this as well as other severe measures adopted against the
Presbyterians. *
Forbes spent the remainder of his days on the Continent,!
where he was eminently useful and highly, respected. He main
tained a close correspondence with some of the most eminent
divines in Holland and France, $ and travelled through most of
the Protestant Churches. §
The first account of him, after his banishment, which we meet
with, is in two letters written shortly after by Mr Welsh to Boyd
of Trochrig. In a letter dated Eochelle, 7th March 1607, he
thus speaks of Forbes : " Monsieur Forbes is gone to Sedan, upon
what occasion I know not, ffor he did not wrytt to me, only Patrick
Morrise hes advertisit me of this." || In another letter to the same
individual, dated 7th May 1607, he thus writes : " The Bishop
of Glasgow is come to Ffrance : I suspect verele that it is for me
and Mr Jhone Forbess, that we sail not be sufferit in this kingdom,
for the King regards not much the rest. It wer guid that in your
* Spottiswood in a letter to the King, previous to the trial of the Ministers, plainly
states that such was the effect produced by their imprisonment. And such feelings
were undoubtedly increased after their condemnation. See Appendix, No. IV.
t Such also was the fate of his companions in exile, with only one exception. A
few particulars concerning them may be here introduced. Welsh, after remaining for
some time at Bourdeaux, became minister of Jonsack, in the province of Angoumois.
He died in London in 1622, whither he had ventured to come, in the hope that King
James might have granted him liberty to return to Scotland for the benefit of his
health. Durie, like Forbes, settled in Holland, and, in 1609, became minister of a
Scotish congregation at Leyden, where he continued to labour with fidelity and
acceptance till his death, which took place in September 1616. Duncan was received
into the college of Rochelle ; but having made some acknowledgment to the King
respecting the Aberdeen Assembly, he was allowed to return from banishment. He
was afterwards prosecuted before the High Commission, and imprisoned for non
conformity to the Articles of Perth. He died in 1626. Strachan sickened and died
at Middleburg soon after he landed on the Continent. Sharp was made Professor of
Divinity in the University of Die. (M'Crie's Life of Melville, vol. ii. pp. 432, 435 ;
Steven's History of the Scottish Church, Rotterdam, &c, p. 312 ; Row's History,
Wod. Soc. edition, p. 323.)
X He was the intimate friend of Andrew Melville, and they kept up a close corre
spondence when abroad. Melville, " in the course of the year 1612, was gratified with
a visit from Forbes, who spent several weeks at Sedan along with his brother Arthur,
an officer in the Swedish service." (M'Crie's Life of Melville, vol. ii. p. 432.)
§ Wodrow's Life of Forbes, MS.
|| Wodrow's Life of Boyd, printed for the Maitland Club, p. 280.
d

1 LIFE OF MR JOHN FORBES.
next letter, M. Plessei were informit to resist it sa far as he may,
gyf such thing be." * Forbes afterwards became minister to the
English merchants at Middleburg, and was the founder of the Pres
byterian Church in that place. Some of his successors belonged to
the English Nonconformists ; but the congregation tenaciously
preserved its Presbyterian aspect, and has often been served by a
minister of the Church of Scotland.f Forbes, while he continued
in this place, was much respected and very useful. " From inci
dental hints in the records of Consistory, there is pleasing evidence
that he was greatly beloved by the people here for his Christian
worth, and for his zealous pastoral fidelity." %
After Forbes had been some years in exile, proposals were made
by the Court both to him and to his associates to make some
acknowledgment to the King, with the view of having their sen
tence of banishment remitted ; and there were not wanting many
considerations to induce Forbes to comply with the terms offered,
even though these should involve some compromise of principle.
Both his own health and that of his family had suffered much
abroad ; he had many beloved relatives and friends in Scotland ;
and the native land of the exile is endeared to him by many
tender associations. But he and all his fellow exiles § rejected the
terms offered, as involving a dereliction of principle which could
not be conscientiously and honourably made. In a letter which
he wrote to James Melville || on this occasion, he nobly expresses
his determination not to abandon the principles of which he had
been so fearless and powerful a champion in his native coun
try. " We ought not rashly," says he, " to contemn the peace and
liberty offered us in the name of the Prince. But if under the
external mask of liberty they seek to draw us into a slavery worse
* Wodrow's Life of Boyd, printed for the Maitland Club, p. 305.
t Steven's History of the Scottish Church, Rotterdam, &c., p. 312.
X Ibidem, 317.
§ Andrew Duncan had been allowed to return to Scotland upon making some ac
knowledgment. The other ministers were not so compromising.
|| James Melville much esteemed and respected Forbes. He describes him as "ane
faithfull brother and godlie minister in the North." Melville's Diary, p. 570.

LIFE OF MR JOHN FORBES. li
not only than imprisonment and exile, but than the loss of life itself,
we are not to purchase the liberty of out bodies by inthralling our
souls." * Still, however, he ardently longed, were it the will of
providence, to return to Scotland. In the year 1616 he went to
England, and after waiting six months, was admitted to kiss his
Majesty's hand, and obtained a promise (which was never realized)
that he and Durie would be relieved from banishment, f About
two years after, he expresses his feelings on the subject of his
return in a letter to Boyd of Trochrig, dated Middleburg, 10th
May 1618. " Eight reverend and heartily beloved Brother in the
Lord. — My love and duty remembered. I am glad to hear of your
good health, though it please the Lord to exercise us here with
sickness. I thank God I myself now enjoy tollerable health ; but
my wife and diverse of my family are still troubled with sickness.
Hitherto, since my dwelling in this town, my house has never been
free from sickness. He that sends it knows we have need of it.
By this you may consider if we would condescend to return home ;
if so be we did see the Lord preparing the way to us. But rather
or we stirr a foot hence without him, we are ready to endure what
more it shall be his pleasure to lay upon us. We should indeed
have the more heart to come home if all things were at peace.
For my own part, I neither desire to see, nor to be a partner any
more of the troubles of our Church. If I could be an instrument
of peace, I wish I might at the loss of my life procure it. But the
Lord knoweth what is meetest. Here we are in good hope of
quietness, within short time, for the better side prevails daily more
and more." &c. }
In this letter he informs Boyd that he was about to set out for
London, probably with the view of using means to obtain the
King's permission to return to Scotland. He also expresses his
desire to hear Boyd's particular opinion of his " Treatise tending to
clear the Doctrine of Justification," printed at Middleburg in 1616,
* M'Crie's Life of Melville, vol. ii. pp. 434-436.
t Ibidem, vol. ii. p. 447.
j Wodrow's Life of Boyd, p. 139.
d2

Hi LIFE OF MR JOHN FORBES.
a copy of which he had sent to Boyd. " I beg to learn from you,
something more concerning your judgment of that latter treatise I
sent you ; for I shall not be ashamed to be taught by you, and im
proved in quhatsoever mislyketh you, either in the order or matter
thereof; for we both love and labour to learn daily." This treatise
is dedicated " To his well beloved in the Lord, the faithfull of the
English Church in Middleburg, whose love to the truth hath en
tertained his ministrie among them." After it had been printed
on the Continent, Forbes sent a copy of it to King James, together
with a letter, dated July 24. 1616, requesting his Majesty to grant
permission to its being printed in England, and dedicated to him.*
This favour does not, however, appear to have been granted ; for
an edition of it was not published in England till the year 1635.
The time when Forbes entered upon his charge at Middleburg
has not been precisely ascertained ; but it was probably in 1611 ;
and he continued here till 1621, when he accompanied the Factory
of the English merchants from Middleburg to Delft, and was the
first stated Presbyterian pastor in that place. But his persecutors
at home did not suffer him to live and die at Delft in peace. He
was removed from his charge by the jealous interference of the
English government. He however remained in Holland, and died
about the year 1634. f
Forbes was the author of various works, of which Charteris gives
the following list : " He wrote diverse treatises and sermons. Item,
The Saint's Hope and Infallibleness thereof. 8vo, Middleburg
1608. Item, A Treatise tending to the clearing of Justification.
4to, Middleburg, 1616. Item, A Treatise how God's Spirit may be
decerned from Man's own Spirit. Lond. 1617. Item, Four Sermons
on 1 Tim. vi. 13, 14, 15, 16. 4to, 1635."
Forbes left behind him three sons, John, Arthur, and Patrick. \
Arthur, who devoted himself to the military profession, took the
side of the Covenanters. He " was seised upon at sea, anno 1639,"
* See this letter in Maidment's Analecta Scotica, vol. ii. p. 353.
t M'Crie's Life of Melville, vol. ii. p. 448.
X MSS. account of Various Families in Scotland, Advocates Library, Edinburgh.

LIFE OF MR JOHN FORBES. liii
says James Gordon, parson of Eothiemay, " and casten for some
tyme into prisone at Newgate, in Londone, by the King's war
rant." After his liberation he was promoted by the Covenanters.
" Monroe had ane horse troope mustered and putt under the com
mand of Arthur to go to Aberdeenshire. But according to
Gordon, who sets every thing connected with the Covenanters in
an odious and ridiculous light, he gained little merit by his exploits
in the North. " Before summer [1640] was spent, having been
ordered to waite upon Monroe in his expedition to Strabogye,
without order, the Captain and his troope fell to robbe the coun
try, or rather to steale away a number of Strabogye men's cowes
and other bestiall ; which was so displeasing to Monroe, (though
the comittye of the shyre wold have taken it for good service,)
that Forbesse was put out of credite by it, and his troope broken
and reduced ; he and they having been nothing else but a laugh
ing stocke for sometyme in the country about." *
Forbes's son, Patrick, subscribed the Covenant in presence of
the famous Assembly at Glasgow, 1638. t Mr Patrick Forbes,
says a MS. account of the Glasgow Assembly, " was so much the
more gladly received, because that his father before him had been
ane sufferer for the truths of Christ Jesus. To whom the Modera
tor said thir words, ' Come forward, Mr Patrick ; before, ye were
the son of a most worthy father, but now, ye appear to be the
most worthy son of ane most worthy father.'"! Patrick Forbes
appears to have been for some time minister of Delft, although not
immediate successor to his Father; and he afterwards became
chaplain to the Earl of Teviot at Dunkirk. But he did not ad
here to his Father's principles ; for, returning home with the
King at the Eestoration, he conformed, and was consecrated
Bishop of Caithness in the year 1662. He possessed this See
* Gordon's History of Scots affairs, published by the Spalding Club, vol. iii. pp. 196,
197. See also Spalding's History of the Troubles, vol. i. pp. 222, 223.
t Bow says, that the person who subscribed was a minister of Holland, Mr John
Forbes, son to Mr John, at Delft, banished for the cause of God. History of the
Kirk of Scotland, p. 504. See also Baillie's Letters and Journals, vol. i. p. 144.
X Errol MS. quoted in a note by the Editor, in Gordon's History of Scots affairs,
vol. ii. p. 4.

liv LIFE OF MR JOHN FORBES.
until his death in the year 1680. Wodrow, in his Analecta,
states an anecdote unfavourable to his religious character, on
the authority of Mr H. Cross, minister at Bower, in Caithness,
who informed him, that Patrick Forbes, Bishop of Caithness,
" when there, was too much given to profane swearing, and was
termed ' the swearing Bishop.' A grave minister happened to
be with the Bishop, and a gentleman who had an evil habit of
swearing, and in that company could not refrain. After once or
twice swearing, of which the Bishop took no notice, the minister
thought it proper to give the gentleman a rebuke ; and among
other things he insisted that it was aggravated, because he swore
before the Lord Bishop. The gentleman, with a tart enough pun,
replyed, ' He was certainly mistaken in his reproof, for he swore
not before but after my Lord Bishop.' "

APPENDIX

LIFE OF JOHN FORBES.

No. I. — Letter prom Sir Alexander Straiton or Laureston to the
King. *
Sir, — Pleis zour most excellent sacred Majestie, of laitt I acquentit zour
Majestie anent the proceeding of the Sinod of Fyff, speciallie thair pur
pose of keeping ane Generall Assemblie at Aberdein, the fyfe of Julij
nixt ; for preventing of quilk attemp the Conimissioneris and I haif declarit
zour Majestie's plesour heirin, and haif requyrit zea comandit tham and
all other Sinodis in North Britaine, to forbeir ony sik meting. Zet
informit they meane not to cease, hes takin resolutione to avait on that
day and place, to resist that meting with authoritie yf they went thairto.
The towne of Edenburgh, with quhome I haiff utterlie contestit, of new
hes gevin in leittis. The most pairt inclynis to haif Mr Patrick Galloway
to supply that vacant place in thair kirk. Hk zeir producis new effeiris,
but since that matter is zett in deliberatioun, the Bishop of Galloway,
quha, with diligence is to repair to zour Majestie in that and all other
particularis concerning the Kirk, vill gif zour Majestie cleir relatione.
Wishing zour Majestie long, hapie and prosperous raigne, I humble
kiss zour Hienes handis. Edinburgh, 4th of May 1605.
No. n. — Letter prom the Earl op Dunfermline to King James VI. f
Maist sacred Soveraine,
I crave your Majesty's favour that it may be lesome to me giff entrie
* Wodrow MSS. vol. lxix., folio, no. 7, p. 10.
t Wodrow MSS. vol. lxix., folio, no. 46, p. 79. This l»tter is printed in the Miscellany
of the Spalding Club, vol. ii. p. 152.

lvi APPENDIX TO THE
to this letter, with some report of the antiquitie. 1 think, to a man that
hes delyted all his dayes in letters writing to the maist learned and wyse
Kyng in the warld, it can nocht be imputt to great amisse, albeit some
memorie of learning be intermixed thairin. I red that Marcus Scaurus,
a man of great renoune amangis the Romanes florente republica, being
accused by Qnintus Varius of a verie odious cryme, that he sould haiff
ressaved money fra the King Mithridates, for to betray the affaires of
Eome ; — efter his accusar had deduced all argumentis and probatiounes
he could devise, he used naa other defence but this, Quintus Varius ait,
Marcum regia pecunia corruptum, rempuMicam prodere voluisse. Marcus
Scaurus huic culpce ajjinem esse negat, utri magis credendum putatis. Whilk
defence was followed with the acclamation of the haill peple, condemning
the accusar as a calumniator and a lyar, and acknowledging the defendar's
undoubted vertew and honestie. Maister Jhone Forbesse, a condemned
traitour for his rebellious and seditious conventicles, haldin as General
Assemblies, against your Majestie's authoritie and command, accuseis
your Majestie's Chancellar to haiff geven advise, counsall or consent to
the halding of the said mutinous Assemblie. Tour Majestie's Chancellar
sayes it is a manifest lye ; and, if it might stand with his honour and dig-
nitie of his place, to enter into contestation with sic a condamned traitour,
could cleirlie verifle the same. Master Jhone Forbes and all his colleigis,
abyddis still at the mantenance and justification of that their Assemblie,
as a godlie and lawful proceeding. Tour Majestie's Chancellar, by his
publict letters, dischargit and contramandit the said Assemblie ; he hes
sensyne condamned the said Assemblie as a seditious and unlawfull deid,
and all the pertakers and mantenars of the same as mutinous and seditious
persones. Tour sacred Majesty hes to judge whilk of thir twa is maist
worthie of credeit. Farther, I think not neidfull to impesche your
Majestie in this mater ; bot some information I haiff sent to Mr Alex
ander Haye, whilk it may please your Hienes to accept and heir off, when
best lasour fra mair weightie affaires may permit the same. Swa, maist
humblie taking my leiff, and praying the eternal God lang to preserve
your Majestie in all felicitie, I rest,
Tour sacred Majestie's maist humbill and
obedient subject and servitour, DUNFERMELYNE.
Edinburgh, 25th Maij 1606.

LIFE OF MR JOHN FORBES. lvii

No. III. — Wodrow's Remarks on Spottiswood's Account of the
Assembly at Aberdeen. *
In the account of this whole matter of the Assembly at Aberdeen, and
the subsequent trouble and trial of the Ministers, I have purposely omitted
taking notice of Bishop Spottiswood's account of this matter, in his History,
pp. 486-490 ; that so I might spare myself the trouble of contradicting
that most partial Historian at every turn ; and when I have given a full
state of this matter from original papers and other direct vouchers, I may
leave the reader to compare what is above with the disguised and most
unfair account given by the Bishop ; who, I must think, could not but
know facts to be otherwise than he hath represented them, because, at
this time, he was at the top of affairs, I may say, and of far greater inte
rest and activity than even Gladstanes the Primate, and was active to
draw somewhat from Mr Forbes to the Chancellor's disadvantage, till he
brought him to appear for the temporalities of Bishops, and could not but
understand the state of the Ministers affair. However, I shall point out
some of the most glaring misrepresentations the Bishop gives.
In the entry, he owns that the Assembly was continued or adjourned
to the day at which Mr Forbes and the rest of his brethren convened ;
but then, he says, " The King being informed of a great preparation that
the ministers were making for keeping that meeting, and that they
intended to call in question all the conclusions taken in former Assemblies
for Episcopal government, directed the Commissioners of the Church to
desert the diet, and make no indiction of another till he should be adver
tised. They accordingly did intimate his Majesty's pleasure to all the
Presbyterians, and therewith, as they were desired, declared that his
Majesty did purpose to call a number of the Bishops and disaffected
ministers to Court, and, for preventing such disorderly meeting, hear the
differences that were among them debated in his own person," f
If the King had such an information as this, I doubt not it was from this
author and the Bishops, who stood not to fill the King's ears with misre-
ports of the ministers ; and I as little question but the King, willing the
* From Life of Forbes, in the Wodrow MSS. belonging to the Library of the
College of Glasgow.
t The quotation is inaccurately made by Wodrow, and is therefore here taken from
Spottiswood's History, p. 486.

lviii APPENDIX TO THE
Commissioners to delay the Assembly, proceeded from these misreporls, and
the Commissioners and Bishops fears of their being called to an account
for their breach of their commission, and scandalous contravening the
Assembly's Cautions. But as there were no conclusions agreed to
directly for Episcopal government by former Assemblies, though, indeed,
too much agreed to that was an inlet to it ; so I am persuaded the Minis
ters had no hopes, and, therefore, no design to call in question what was
already concluded in Assemblies : whatever endeavours they no doubt
designed to use, to have the limitations and Cautions established, for
preventing corruptions in Ministers, Voters in Parliament and Commis
sioners from the Assembly, and the due and yearly keeping of such
Assemblies, made as effectual as they could. But though there had been
undue designs, as there was none among Ministers, was this a sufficient
ground for the Bishops and Commissioners to put the King upon an open
breach of promise made in the last Assembly, and a direct counteracting
of the Act of Parliament and Act of the last Assembly ? This is indeed
the shortest way with Dissenters; but a method not capable of defence
though fairly enough owned by the Bishop. And lastly, I cannot free
him of falsehood when he says, The Presbyteries were acquainted in
their letters by the Commissioners of a meeting the King designed before
himself for peace ; which the reader may see from their letter itself above
set down, page . . * where so far are they from pretending this, that they
declare their earnest desires of an Assembly, and their endeavours to have
one, and that they would continue in them with the King. This is a
specimen of the Bishop's sincerity in the entry.
It would be too long to notice each paragraph of the Bishop's misre
presentations. I see no ground to think that most Presbyteries resolved
to obey the Commissioners letter ; since many things which fell in hin
dered the Commissioners coming up to Aberdeen ; neither is it fact that
Mr Forbes and Mr Welsh were in expectation of a frequent Assembly,
and thought chief ringleaders of this stir, as he calls it. There was a
general inclination in the uncorrupted part of the ministry for an As
sembly ; neither was it any small encouragement from statesmen which
made them move in this matter ; but [a sense] of their duty to God and his
Church. The Bishop, in the next room, I cannot but think over the belly of clear
* Sec this letter of the Commissioners in Forbes's Records, p. 38-1.

LIFE OF MR JOHN FORBES. lix
conviction to the contrary, insists upon Laureston's pretended charge, the
day before the Assembly, and that, as he pretends, by letters from the
Council ; whereas, by the Registers and otherwise, he behoved to know
that the Council's instructions were expressly not to charge them till he
presented their letter; neither did he do it, however scandalously he falsi
fied the charge afterward, as we have seen; and the reader is left to
judge, whether Laureston's guilt in so doing, under the weight of the
fears of the treatment he might meet with from the Prelates, or the
Bishop's homologating this, after what he knew of the matter, and pub
lishing it to the world, is the greater.
The speech, I suppose framed by the Bishop for Laureston, (for Mr
Forbes and the Ministers represent the matter quite otherwise, and I
doubt not, truly,) is pretty enough, and contains a prelatical stretch of the
prerogative, That the Parliament is disposed as the King thinketh meet.
I fancy it would have been hard for Mr Laureston and the Bishops
assistants to have defended this position, That upon a supposition of an
Act of Parliament for annual meetings, trienicall or septennically, the
King might break in upon it. It's directly false, (I beg pardon for
thir flat words, but what is above supports me in them,) That the
Assembly requested Laureston to remove for a little, and then, in a trick,
chose a Moderator. This whole matter stands in its full light in the pre
ceding accounts, which could not be called in question by the Ministers
greatest enemies while they were alive to answer for themselves.
It was next said, Laureston denounced them rebels ; but it was the
Councill did it some time after. Meanwhile the Bishop, though he
no doubt knew the Ministers public answer to Laureston's charge, is
pleased to pass that over in silence. It was indeed not fit to be told by
him ; it would have spoiled part of his former tale. The preventing the
Ministers meeting in September is given as the ground of Mr Forbes and
Mr Welsh's summonds before the Council. But as the first was never sum
moned, but tricked in before them and then imprisoned, this was not the
real cause. The summoning of these two would not have been any great
stop. They had stronger ways to prevent a meeting in September, and
a good many others were attacked and imprisoned, August 2, two
months before October 3 ; which the Bishop is pleased to forget, that he
may throw the odium mostly on Mr Forbes and Mr Welsh. He 1ms
some pretext for reckoning all but the imprisoned Ministers acknowledgers

Ix APPENDIX TO THE
of their offence ; and yet it was not the case of all either. Several were
passed over by intercession, without any acknowledgment, as Mr Archi
bald Simpson ; others did not compear and so were overlooked.
In this acccount of the Council's proceedings, Oct. 24, the Bishop had
reason to suppress the loyal and reasonable petition of the Ministers which
he could not but know of, and homologates the Council's finding their
Declinature treason ; or rather coins this as a reason for the Council's
deferring censure till the King's mind were known. One would think
they were hardly enough censured for any thing they had done, and their
close after imprisonment were censure without a sentence, as he repre
sents it. But all this is but a pretext to load the King with their after
trial, while himself and the rest of the Commissioners were pushing it.
Every branch almost of his account of their trial has some perversion
of facts in it, most injurious to them and the worthy Ministers convened
at Linlithgow. He represents that their brethren supplicate for liberty to
convene with them as if they had been obstinate persons and already
intercommuned ; whereas this was the Advocate's own proposal, and nei
ther their brethren nor Advocates that day dealt with them to relinquish
their witnesses, &c. There was not [the] least different sentiments
among them and their brethren ; and the whole ministers approved their
procedure. I fear I have wearied the Reader by this time, with thir
hints at the Bishop's unjust representations of this affair ; but it's a pity
his cunning misrepresentations of every thing relative to the worthy
Ministers, his contemporaries, should have been so long without being
exposed in their own colours.
No. IV. — Letter from Archishop Spottiswood to the King. *
Please zour most Sacred Majestie,
I wes in the way towardis zour Hienes, quhen it wes my gude happe
to meit my Lord the Erl of Dumbar, quhow requyrit me to stay a quhyll,
upoun ane opinioun his Lordship hes, that my service heir at this tym
may be stedable. I zeldit willinglie, as hafing no other desyr but to do
zour Majestie service, quhairevir, at home or abroad. Amongest uther
thingis, I wes to haiff menit to zour Hienes the grit prejudice that is done
to our Kirk effairis be this detening of the Ministers in ward, the burthen
* Wodrow MSS. vol. lxix., folio, pp. 27, 2S.

LIFE OF MR JOHN FORBES. lxi
therof being cast upon us, of purpose to make zour Majestie's design in
the erecting of Bishops the more hatit, and other discontentit spiritis
serving tham with this as a ground to -work sum unquyetness in the
State. This, Sir, I impute onlie to the neglect of zour Majestie's direc-
tionis gifin in that mater, quhilis we were together at Courte, the suspi-
cioun of quhilk neglect, I persafit your Majestie had evin at that tyme.
But quhat hes ben zour Hienes gud plesure since the using of thair De
clinator I nevir understud, till my Lord his cumming hither, saif that a
brute went of the calling tham before the Justice. And none will deny
that is sound myndit, but [except] that they haif merit a more hard deal
ing ; zit as matteris are now handlit, and the peple disposit, any man seis it
sail not go for zour Majestie's honour and contentment. " Thairfore, Sir,
out of a sincere affectioun to zour Hienes, am I bold, in mayst humble
wyse, to entreat zour Majestie, that it may be zour gracious plesure to
supersed that business, and renew only zour Majestie's first command
ments, that so many as stand obstinatelie at the defence of thair proceed-
ingis, may, by sentence of Counsell, be exylit your Majestie's cuntrey,
and others that will acknowledge thair errors, may be confinit within
thair parochis during zour Hienes gud plesure." Quhilk opinion, if it
sail please zour maist excellent Majestie in zour wpsdom] to approve,
than, Sir, let me desyre this farder, that the same may be done during
the Erl of Dunbar his residing heir, or else, I am of opinion, zour Ma
jestie sail never see it concludit. This, and many other things, Sir, are
done of mere policie to disapoint zour Majestie's affairs in the Parlia
ment ; speciallie that concern our Estait. But if it please God, zour
Majestie sal haif, or it be longe, a' more particular narratioun of thingis,
and assurance sufficient, as I hope, for ane happie successe of that service
that is so gretlie opposit unto. Mean quhyl, Sir, I must also signifie to
zour Majestie the invaliditie of the renunciation maid be the Duke of
Lennox, of the Bishopfick of Glasgo, that the samyn may be renewit,
and to that effect, zour Hienes wilbe plesit to continew that particular
designatioun of landis, quhilk his G[race] is suting presentlie to my
coming up, that zour Majestie may haif the securite that is requyrit, see
ing his satisfactioun is so great. As for sum particular injuries offerit
me, quhilk hes plesit my Lord of Dunbar to mentioun in his letter to
zour Majestie, I will not repeat thaim, and, I trust, by his G [race's]
meanis, to be reparit. For this tym I cease crafing zour Majestie's

lxii APPENDIX TO THE
humble pardon for this my importunite, and praying God Almightie to
blisse zour Hienes with a longe and happie regne.
Tour Majestie's most humble and
obedient Servitor,
Glasgow.
Edinburgh, the 26th of December 1605.
No. V. — Letter from Mr John Forbes to the King, in vindication
of his loyalty and speeches. *
It may please zoure sacred Majestds,
As I had resolved to trouble your Majestie no moir, zour Majestie not
willing to heir from me any moir, so did I think that no man suld have
bein so malicious, whom my bypast troubles suld not have stayed from
seiking my farder harm ; but now heiring • that the Conservitour suld in
form zour Majestie of traducing speiches uttered be me against zour
Majestie, I most crave pardoun of zour Hienes to declar my innocencie.
The Lord hes laid this law upon me that I suld not speak evill of the
Prince of my peple ; the conscience of which dutie hes, dois, and still I
hoip, by God's grace, sail inforce me to take head to my speeches of your
Majestie, althocht ther were no man to control! me ; and besyd the testi-
monie of my owne conscience, I know their is no place where I have
bein, nor prince, or any uther person, with whom I have conferred, but
can, and, if neid beis, will witness where constantlie I have stood to the
defence of zour Majestie's honour against all sinistrous, either reports or
conceitts of men, even speciallie in that same wherin I am now traduced.
Nether ever remember I that ever to any I did speak any thing that
micht have giffin the smallest occasioun to forge such a calumnie, except
onlie that conference twiching zour Majestie which was betwixt the
Conservator, Mr Robert Durie, and me, in tlie Conservatour's own
chalmer ; wherein he with us, and we with him, lamenting the prejudice
that everie where amang gud men did arys to zour Majestie, for the too
gryt favour and clemencie used to the adversaries of God's treuthe, zour
Majestie's most bitter enemies, and the harder dealing with zour Majestie's
most loving subjects, professing the said treuth with zour Majestie : and
so falling to speak of the judgments of men, I did schew him that I had
* Wodrow MSS. vol. lxix., folio, no. 53.

LIFE OF MR JOHN FORBES. Ixiii
seen one who, passing to Ingland, did affirm that he did carie thether
letters from Rome, wherby he had wrocht gryt prejudice in the heart of
many in France ; wherwith long grevyd, I did communicat this my greiff
to the Conservatour, ever desyours that zour Majestie micht know it, lyk
as he did in no less measure lament the sam inconvenient to me. Bot that
I ever did speak that zour Majestie had changed with the Pop letters,
or that I did affirm this report of this man to be trew, or did therupon
traduce zour Majestie to any creatour, that [if?] he or any uther can prove it,
then do I not refuss the deserved punishments. And what wes my part
toward zour Hienes in that speech to the Conservatour, his awin testi-
monie, givin me at my departing, and taking of his loive which he wold
have me to tak, in testimonie that he esteemed me a faithfull and loyall
[subject] to zour Majestie, ar sufficient to cleir me of all calumnie ; for
besydes his favourable using of me at my being heir, he did dismiss me at
my going away, with als honest a testimonie as he culd give to the most
faithfull servand that ever did serve zour Majestie ; and not only so, but
promised to mak it knowin to zour Majestie, what faithfull dutie I
had keiped in all perts towards zour Hieness, so that by no man culd I
have looked of that man anie report to be spread to my prejudice. The
Lord forgive him, and make zour Majestie wyss to discern suche flatteries !
for so long as zour Majestie is willing to heir evill of zour servants, ther sail
nevir be wanting who sail invent calumnies to our harme. Nather speak
I this to obtain the benefit of my peaceable return to my countrey ; for,
sence zour Majestie is not resolved to grant [this], I have resolved to bere
with the loss of it, till it pleis the Lord to inclyne zour Majestie's heart to
farder clemencie. Bot althocht I never return, zet mynd I, by God's grace,
to prove no less dutifull and faithful in all reverence, love and obedience to
zour Hienes, then if I did enjoy all the favour zour Majestie can zeald me ;
for I do not as uthers respect zour Majestie for gain, nor peace, nor
courtesy, nor any commoditie worldlie, sae muche as for conscience, and
that carie I with me whithersoever I go. I hoip the Lord sail give me this
grace to love him, and to honour the King always. If zour Majestie had
pleased to heir myself befoir this tym, zour Majestie wold have had better
pruf of my honest and upricht heart to zour Hienes ; but gene zour Majestie
will nather have me nor my labors, I rest in patience, still faithful thocht
never imployed, and your Majestie's ever, — althocht forsaiken still loving
and honouring zour Hienes, — althocht zour Majestie both suld halt me and

lxiv APPENDIX TO THE LIFE OF MR JOHN FORBES.
procure my scheme [shame], praying to God to bless zour Hienes, and pros
per zour throne, and continew zour posteritie theron to the end, and to con
found all zour Majestie's enemyis and evill willers, and in tym expedient
to mak knawin to zour Majestie who ar faithfull and who not. The sure
mercies of David be with your Majestie for evir ! Tour Majestie's most
humble and obedient servand, most unjustlie oppressed and undeservedlie
traduced. (Sic Subscribitur,)
Mr Johne Forbes.

No. VI. — Letter prom Mr John Forbes '- To my Reverend Bretheren
the Pastors and Elders of the English Church at Amsterdam." *
Reverend and Beloved in the Lord, —
As I did send you the copie of the Acts concludit at our last Synod,
so I would have satisfied your desyr in the other things, now as befoir
requyred by you, if they had bein in my possession ; but the truth is,
that they ar in the hands of Mr Wing, J who did not send them unto me
with the Acts, but hes retained them, as I think, till he have first regis-
trat them in his owen book ; therfoir, if you please to wryt unto him, I
think he will satisfie [you] in that poynt. The Lord grant your desyr in
making us of one mind in the truth, so shall his name be moir glorified
and his Church more edified, and brotherly love moir regarded ! To his
grace and blessing I commend you.
Tour loving brother in the Lord, Jo. Forbes.
Delph, 16th Decemb. 1623.
* From the Original, among Papers of the English Reformed Church, Amsterdam.
Obligingly communicated by the Rev. Dr Steven, Edinburgh. The ministers of this
church, at that time, were Mr John Paget and Mr Thomas Potts. Steven's History
of the Scottish Church, Rotterdam, &c., p. 279.
t Mr John Wing was at first minister at Sandwich in England, and then chaplain
to the Merchant Adventurers at Hamburg. In the year 1 620 he was settled at Flush
ing, whence he was translated to the Hague, and was admitted pastor of the English
Presbyterian Congregation there, May 11. 1627, by Forbes, who was then minister at
Delft. Ibid. pp. 302, 306, 308.

TABLE OF CONTENTS.

Page.
Preface, . . . . . . v
Notice of the Life of Mr William Scot, . . xi
Notice of the Life of Mr John Forbes, . xxxiii
Appendix to the Life of Mr John Forbes, . . Iv
APOLOGETICAL NARRATION OF THE STATE OF
THE KIRK OF SCOTLAND, .... 3
[Marginal Notes in thF Wodrow Manuscript, *"]
1558. Of the Book of Order of Geneva ; The Book prefixed before
the Psalms ; The number of Ordinary Church Officers ;
Cartwright ; Of Funeral Sermons, . . . ib.
Of Superintendents, and the First Book of Discipline, 4
1560. The First Confession of Faith ratified ; Observations of the
First Book of Discipline, . . , . ib. '
Superintendents, Exhorters and Readers, for an Interim ;
First Book of Discipline not strictly to be observed ; The
reason of instituting Superintendents ; Readers permitted ;
No new Bishops in the Diocess of the old ; The country
divided in provinces ; Superintendents no ordinary officer ;
The First Superintendents, but five Superintendents, . 5
* The MS. of Scot's Apologetical Narration among the Wodrow Collection of MSS.,
besides the Marginal Notes of the Author, contains various others written by Wodrow
himself. These, from their utility in reference, have here been collected into the Table
of Contents.

lxvi TABLE OF CONTENTS.
1560. The difference between the Superintendents and our pre
tended Bishops ; Anent the Election of Superintendents,
&c, of old, . . . . • .6
Ministers no members of Parliament unless for advice in mat
ters of religion, . . . . . .8
Other Observations out of the Book of Discipline ; Fasting
and Festival Days forbidden ; Of changeable and un
changeable Ceremonies, . . . . .9
The First Course of Government, bt Superintendents and
Commissioners fob Provinces, ... . .10
Four sorts of Assemblies in our Kirk ; Presbyteries not at
first because of the rarity of- Ministers ; Weekly exercise ;
No precedence in degrees among Ministers ; Commissioners
institute ; The power of Superintendents and Commissioners
of Countries limited by the Acts of the Assemblies, . ib.
Superintendents may be removed by the General Assemblies;
General Assemblies twice a-year ; Superintendents tryed
by them ; Superintendents delated ; Book of Discipline is
the rule for admission and removal of Ministers ; Synods
twice a-year ; Appellations ; No appeal from the General
Assembly ; Ministers judges of the complaint of a Superin
tendent, . . . . . . .11
Superintendents must associate Ministers ; The Superintendent
had others joined with him to judge ; Commission to try
complaints against Superintendents ; No mention of Super
intendents but where was a reformed kirk ; Superintend
ents exercise jurisdiction not alone ; Superintendents must
associate the Elders of their own kirk, . . .13
Of the three Popish Bishops converted ; But have no power
of jurisdiction ; The late Bishop of Galloway not admitted
Superintendent there, . . . . .15
1563. The three Bishops visit their own bounds as Commissioners ;
Complaints on the old Bishops ; Question anent civil offices ;
Superintendents delated for faults ; Commissioners and
Superintendents all one ; Orkney and Galloway delated ;

TABLE OF CONTENTS. lxvil

1563. Orkney marries the Queen and Bothwell; Appointment
anent Galloway ; Mr Row visits Galloway ; Orkney
restored ; Commissioner of Isles rebuked ; Galloway inhi
bited ; Orkney accused, . . . . .16
Of the order and necessity of General Assemblies ; Moderators
freely chosen, and not always Superintendents ; The old
Bishops never chosen ; Who had vote in Assemblies ; Their
Commission ; Their change ; The end of Assemblies and
their work ; Their privilege of orders and diets, . .17
The power of Synods increased ; Matters referred by the As
sembly to Synods ; Matters sometimes referred to Superin
tendents now referred to Synods, . . .18
1566. The purity of God's worship preserved ; The Helvetian
Confession approven ; Holy days excepted ; a Letter to
England; Consultation craved for separating the Jurisdic
tions ; Anent the marches betwixt Ecclesiastic and Civil
Jurisdiction, . . . . . .19
The Second Course : Of Bishops, Superintendents and
Commissioners fob Provinces.
1571. August. The Court seeketh Bishops to be erected ; Mr John
Douglas presented to the Bishoprick of St Andrews ; In
hibit by the Superintendent of Fife to vote in Parliament ;
Collectors of the Thirds discharged; Superintendent of
Angus complains of it, and of collation of benefices and
erection of Bishops ; He complains again to the Regent ;
The Regent's answer ; The inhibition discharged ; Superin
tendent of Angus writes to the rest for a meeting to consult
of Policy,  20
1572. January 12. The Conclusions at Leith for Bishops, Deans,
&c. ; Commissioners to treat with the Regent and Report, 21
Commissioners appointed by the Regent; Articles agreed
upon at Leith by the said Commissioners, . . 22
These Articles approven by the Regent, Feb. 1 ; The Nobles
scope in them ; Tulchan Bishops, . . .24
Adamson's three sorts of Bishops ; Douglas chosen Bishop of St
e2

Ixviii TABLE OF CONTENTS.
1572. Page.
Andrews ; Scot took instruments of his dissent ; Mr Knox's
freedom; Douglas inaugurated; His answer to the Su
perintendent's question ; He reads his answer ; Hands im
posed, . t . . . . . .25
Mr Knox's malecontent ; Conclusions of Leith to be revised
by Knox, &c, . . . . . .26
March. An Assembly ; Some appointed to revise the Articles ;
Douglas's places ; Beza's advice concerning Bishops, . ib.
Conference about the Articles concluded at Leith ; Offence at
the names of Bishop, &c. ; Protestation that the Articles
are but for an interim; In effect no agreement; Other
Bishops inaugurat, . . . . .27
Knox buried ; Morton Regent ; an Assembly at the Regent's
desire ; Superintendents continued where Bishops are ;
Sundry things laid to the charge of the new Bishops; March,
1573. Douglas complained upon; Douglas delated again; His
death ; Paton, Bishop of Dunkeld, delated, suspended ;
Bishop of Murray delated ; Boyd, Bishop of Glasgow, neg
ligent ; Gordon of Galloway discharged ; His crimes ;
Appointed to be excommunicat if he satisfy not ; Satisfieth ;
Is restored to preach, but not to jurisdiction, . . 28
March. Acts for curbing Bishops and Superintendents ; The
Assembly's answer anent civil places of kirkmen ; A minis
ter cannot be a civil or criminal judge ; Pont delated ;
Ecclesiastical and civil places, . . . .30
The General Assembly not moderated by Bishops, . . 32
1574. March. General Assembly's supplication to the Regent; Act
in favour of Assemblies amissing ; The Bishops not greater
in power than Superintendents ; The Bishops differed not
from Superintendents except [in] the manner of their entry
and vote in Parliament, . . . . . ib.
1575. March. Commissioners to treat of Jurisdiction and Policy;
Bishops to be tried by the Assembly before their election ;
An article anent Bishops, . . . .32
Durie's Protestation anent the Office of Bishops ; Question, If
Bishops have their functions from (he Word of God ? com-

TABLE OF CONTENTS. lxix
1575. Page.
mitted to reasoning, and their answer ; A Bishop may be
deposed by the General Assembly, if he be not found qua
lified, . . . . . . .33
The points wherein thet agree concerning the Office of
a Bishop or Superintendent, . . . .34
The name Bishop common to all Pastors ; Bishops to take
charge of a particular flock ; Visitor, . . . ib.
The Third Course : Of Visitors, . . . 35
1576. Bishops ordained to take them to particular flocks ; The
country divided for the Visitors ; Power of Visitors, . ib.
The Office of Visitor accessory to the Ministry ; The Office of
Visitor a corruption ; Motion anent Presbyteries, . 36
1578. How long Visitors continued ; Acts anent Bishops ; They are
to be called by their own name ; No more Bishops to be
elected ; Bishops to submit to reformation ; Corruption in
the Estate of Bishops ; The Office of Bishops damned,
July 1580, . . . . . .37
Of Exhorters and Readers ; Readers put away ; The Bishops
forced to submit ; April 1576, Bishop of Glasgow delated ;
October 15. 1578, he submits to reformation ; Mr Patrick
Adamson ; Presented to St Andrews, April 1577 ; He is
delated ; Commission to try him ; He submits ; October
1578, Commission to censure him ; July 1579, renewed ;
His faults ; He submits ; Bishop of Dunkeld enjoined, . 39
Of the Second Book of Policfe, . . .41
1576. — April. Appointment anent the Policy ; Of the pains
taken for the Constant Policy ; October, their travells revised, ib.
1577. — April. The heads of Policy debated ; Digested ;
Regent acquainted ; Fast, . . . . ib.
Policy to be presented to the Regent ; Beza of Bishops ;
King James the VI. takes the government on him ; Regent
resigneth the Government ; Policy to be presented to the
King; Fast, . . . . . .42

lxx TABLE OF CONTENTS.
1578. Report of the King's Answer ; Conference with the Council ;
Commission for new Conference; October 1578, anent
vote in Parliament, . . • • .43
1579. July. The King writes to the Assembly; The Assembly
craves further Conference ; Assembly's Letter to the King, 44
1580. July. Assembly's Desire; Conference anent Presbyteries,
Elderships, Parishes; Mortoun accused; Some special
heads of the Second Book of Policy, . . .45
The Fourth Course : Of Presbtteries enduring till the
tear 1610, ...... ib.
Of the Second Confession of Faith ; January 1580, Confes
sion of Faith subscribed by the King's family ; Affirmative
and Negative ; Bishops abjured by the Covenant, . 46
1581. April. King's Letter to the Assembly ; Piatt of Presbyteries ;
Instructions for erecting of Presbyteries by the King's
Orders; King's Letter to Nobles; Presbyteries erected;
Policy registrat, . . . . . .48
Mr Robert Montgomery provided to Glasgow ; October 1581,
he is inhibit ; April 1582, he is deprived ; Montgomery's
excommunication ; The enterprize of the Lords at Ruthven,
called Gowrie's conspiracy ; The King at Ruthven ; Mont
gomery seeketh reconciliation, . . . .49
1583. Bishop Adamson, his courses against the Kirk; Adamson
consulteth a witch ; Cited to the Assembly Oct. 1583 ; Sus
pended ; Goeth to England ; A new enterprise of the Lords, 50
1584. Ministers forced to fly out of the Country ; February 1584,
Melvill declines the Council ; Melvill, Davidson, and Gal
loway flee, . . . . . .51
May. A Parliament ; Adamson and Montgomery sit in Par
liament ; Command anent Ministers of Edinburgh ; Pont
protests against the Acts; Mr James Lawson and Mr
Walter Balcanquhall withdraw themselves and protest, ib.
Of Mr Adamson's Declaration of the Acts ; Ministers urged
subscription of obedience to Bishops ; Banished Lords re
turn ; Road of Stirling ; Parliament, . . .52

TABLE OF CONTENTS. Ixxi
1584. Page.
Ministers seek abrogation of Acts of Parliament ; Write their
Exceptions ; The King pens a Declaration, . . 53
1586. February. Conference in favours of Bishops ; April, Adam
son excommunicat ; Adamson appeals to the King ; May,
Adamson's Process held as not led; Protestation against
that, . . . . . . . ib.
A mixed form agreed upon in this Assembly ; The conditions
of the former Conference assented to, with conditions anent
Bishops ; Commission to process Bishops ; Four Office
bearers in the Church, . . . . .54
1587. This mixed form endured not; June Assembly ; Presbytery
of Glasgow enjoined to annul their admission of one to their
temporality ; Letter to the King anent Mr Pont ; All Pastors
to be subject to Presbyteries ; Confession of Faith to be
subscribed ; Instructions to the Commissioners to the King, 55
1588. Adamson delated and deprived of his Commissionrie ; Mont
gomery satisfieth, . . . . .56
1589. January. The King desired to subscribe the Confession de
novo; March 1590, Commission to receive the subscrip
tion of all Estates, . . . . . ib.
1590. August. The King's testimony in commendation of our Kirk;
Act for subscribing the Book of Policy ; Act annulling the
power of Visitors, . . . . .57
What Ministers accepted Bishopricks, . . .58
Adamson hateful to the King ; Adamson absolved upon his
desire, . . . . . . .59
1591. April. Adamson recants; Subscription to the Book of Policy
still urged, . . . . . . ib.
1592. Assembly's desire to the King ; Liberty of General Assem
blies, Synods, &c, ratified, . . . .60
1593. The number and seats of the Presbyteries; The seat of Pres
byteries not alterable but by Assembly; The order and
power of Presbyteries, . . . . . ib.
Of Moderators ; The order and power of Synods ; General
Assemblies, . . • • • .61
The Presbyterial and Episcopal Government compared to-

lxxii TABLE OF CONTENTS.
1593. Page.
gether ; The objection of confusion answered ; Presbyterial
Government better than Prelatical, . •- .62
The Objection of error and schism answered ; Hepburn's opi
nion of the Soul ; Apostacy follows a General Bishop, . 64
The Fifth Course is of the Episcopal Government which
now holdeth bt usurpation and violence, . . 65
The occasion of altering the Government ; The Popish Lords
excommunicat and banished, . . . . ib.
1596. March. Corruptions searched out ; Fast; Davidson's exhor
tations ; Fasts appointed ; Complaint upon the Popish
Lords ; Commission to prepare Articles to the King, . 65
Papists ; Politicians ; Exchequer appointed ; Octavians, . 67
June. Huntly's return ; Convention at Falkland ; Ministers
oppose Huntly's return ; Convention at Dunfermline ; Sep
tember, Errol returneth, . . . . . ib.
Assembly at Cupar ; The King is offended at the Assembly
for meeting ; Melvill's free speech to the King, . . 68
Oct. 20. The Ministers divide the country to settle a corres
pondence ; Commissioners from every quarter to stay at
Edinburgh per vices, called the Council of the Kirk ; Infor
mation of dangers ; Fasts appointed, . . .69
Nov. 9. The Ministers Grievances to the King ; The King's
Answer ; The Ministers Reply, . . . . ib.
The Council of the Kirk's advertisement to the Presbyteries ;
Fears of altering the liberty of the Kirk, . . .70
Black cited, convened for his freedom in the pulpit ; Minis
ters directed to the King with new Grievances, . .71
Nov. 15. Their Report; Ministers sent back to the King
anent Mr Black ; The King's Answer ; Black's Declinature ;
The Declinature sent to the Presbyteries; Four hundred
subscribe it ; Spottiswood one, . . . . ib.
Nov. 24. Commissioners of the Assembly convene ; Minis
ters sent to the King; The King's answer; Overture to
pass from the Declinature ; The Ministers offer ; Re
port, . . . . . . .72

TABLE OF CONTENTS. lxxiil
1596. Page.
Black summoned ; The lieges discharged to meet with minis
ters ; The Commissioners charged off the town, . . 73
Nov. 29. Articles to the King and Council ; A new De
clinature, . . . . . .74
Nov. 30. Ministers to assist Mr Black and present the
Articles; Black's second Declinature; Resolution of the
Ministers ; Proposals from the King about Mr David ; Con
ference with some from the King, . . . ib.
Second message from the King ; Articles of agreement ; The
King passes from them; Black convict, and the punish
ment referred to the King, . . . . . 76
New Conference anent Mr Black, . . . .77
Dec. 9. Message sent to the King ; Black charged North ;
A Letter for a Convention of State and Kirk, . . 78
Commissioners Exhortation to the ministers of Edinburgh, 80
Dec. 14. The Ministers charged off the Town ; The Ministers
obey ; The Commissioners Declaration to the Presbyteries, ib.
The state of the difference betwixt the King and the Kirk, 81
Dec. 16. The King desires Conferences; Mr Bruce's Answer, 82
Intention anent some citizens, . . . .83
Dec. 17. Balcanquhall's speech to the People; Barons con
vene; Bruce's Exhortation; Some directed to the King;
Bruce's Discourse with the King ; The Report ; A Covenant
sworne; The manner of the Tumult, Dec. 17; Articles
sent to the King, . . . . .83
The Articles not presented ; The King goes to Linlithgow ;
Strangers charged off the Town ; The Session removed ;
Citizens warded ; Ministers commanded to the Castle ; .The
Ministers withdraw ; No cause of altering the Government, 86
Mr Patrick Galloway refuses the band ; Fifty-five Questions
printed ; The meeting at Perth appointed, . .87
1597. Feb. 8. Synod of Fife; Commission to the King; Pres
bytery of Edinburgh, . . . . . ib.
Feb. 29. Assembly at Perth ; Sir Patrick Murray's diligence ;
Ministers in North; Mr James Nicolson changed; Mr
James Melvill's advice and resolution, . . .88

lxxiv TABLE OF CONTENTS.
1597. Debate anent assembling ; Eight Presbyteries hold it no Ge
neral Assembly ; Eleven Presbyteries hold it an extraordi
nary Assembly; Mr David Lindsay, Moderator, without
election ; Clerk not orderly admitted, . . .89
Thirteen questions resolved ; No publick reasoning ; The rest
referred ; Commission anent the Popish Lords ; Mr Bruce
away ; Mr Andrew Melvill; Mr James Melvill withdraws ;
Mr Thomas Buchanan ; Conference with the King, . 90
Differences betwixt this and preceding Assemblies, . .91
April 27. Assembly ; Protestation ; Ministers of Edinburgh
cleared ; Black returns, . . . . .92
May 15. Assembly; Mr Rollock; Mr Thomas Buchanan
changed ; Andrew Melvill ; Davidson's Letter, and Protest
for the liberty of the Church; Perth Assembly ratified;
Other Articles agreed ; Imposition of hands ; Popish Lords, 93
The cheefe Workmen for Episcopacue enabled with a Gene
ral Commission for the better effectuating of thedj
purpose, . . . . . . .94
Commission to Ministers ; Their power ; The General Com
mission is the introduction of Episcopacy ; Difference be
twixt this and former Commissions; The bait; Some
named for the fashion, . . . . . ib.
June. Rutherford's sentence reduced ; The General Commis
sion begin to rescind the Acts of Assemblies and Presby
teries ; Mr Black and Mr Wallace removed from St An
drews ; Gladstanes brought to St Andrews ; A new Rector, 95
Three Earls relaxed, . . . . .96
The First Step to our Prelates grandeur : Ministers vote
in Parliament, . . . . . . ib.
Dec. Parliament ; Petition for Ministers vote in Parlia
ment; The Overture of Assembly, 1581, anent vote in
Parliament; Answer of Assembly, 1582, anent it ; Appoint
ment, May 1592, anent it, . . . . ib.
Anent Ministers vote in Parliament ; How Prelates vote, . 97

TABLE OF CONTENTS. lxxv
1597. Page.
Vote in Parliament granted ; The Presbyteries informed ;
Ordinary time of Synods altered ; Feb. 1598, Synod of
Fife ; David Ferguson's discourse ; Mr John Davidson ;
The Melvills warning ; Black Saturday, . . .98
1598. March 7. Assembly anticipate ; The Assembly in Dundee
for settling the Third Estate in Parliament ; Melvill and
others charged away ; Grievances against the Commis
sioners ; King's promises ; Commissioners approven, . 100
Commission renewed ; Their Power ; Members of the Com
mission ; Commission anent Ministers of Edinburgh, . 101
The King's Declaration for Vote in Parliament ; Opposed ;
The affirmative carried by ten Votes, . . .102
Mr Davidson against Vote in Parhament; Mr Davidson's
protestation against establishment of Bishops, . .103
The number of Voters ; Their election ; The Synods to con
vene all in one day; Commissioners to meet with the
King, . . . . . . .104
Three Commissioners out of a Presbytery ; Themselves trans
gress ; Mr Bruce urged with imposition of hands, . 106
June. Synod of Fife, . . . . . ib.
Heads anent vote in Parliament, .... 107
Caveats of Vote in Parhament, .... 108
His name [the Kirk's Voter in Parhament] to be Commis
sioner for such a place, . . . . .109
Court willing to accept Voters in Parhament upon any terms ;
Assembly prorogate to 1600 ; Letter to the Pope ; Basili-
con A«go», ..... . 110
1599. Nov. 17. Conference at Holyroodhouse, . . . ib.
1600. March. Assembly ; Mr Peter Blackburne's Recantation ;
Wilkie, Moderator ; Policy to carry the Vote ; Privy Con
ference ; The King breaks it off; Simile of the Collier and
Waker, . . . . . . .112
Cautions ratified ; Melvill charged to his lodging, . .113
Conclusions at Falkland ratified ; Act anent the continuation
of Voters in Parliament, . . . .114
Commission renewed ; Ministers of Edinburgh discharged not

Ixxvi TABLE OF CONTENTS.
1600. Page
to' preach; Anent Gowrie's treason; Mr Bruce charged off
the Kingdom, ...... 115
October. Conference at Edinburgh ; Three appointed to
Vote in Parhament, . . . . .116
1601. Feb. Synod of Fife; Gladstanes, challenged ; Lindsay re
buked,  117
March. A Meeting at Bruntisland ; Assembly anticipat ;
Hall Moderator ; James Melvill's Letter of Advice to
the General Assembly, . . . . . ib.
Mr Davidson's Letter; Mr Davidson committed, confined, . 118
Causes and Remedies of defection ; Ministers of Edinburgh
reported ; Commission renewed ; King's promise, . 119
1602. Nov. Assembly; Melvill's Protestation ; Visitors appointed, 120
Sept. Synod of Fife ; Grievances ; Assembly's answer, . ib.
Commission renewed ; Overtures anent stipends ; Resolutions
anent the Plott, ...... 121
Nomination of some more that the King would present to the
vacant benefices ; Mr Bruce not suffered to preach in Edin
burgh, . . . . . . .123
Dame Whitelaw loosed from sentence of excommunication by
the Commissioners of the Kirk ; King's harrangue before
his going to England ; The King refuses to take off the
Ministers confinement, . . . . .124
Conference at Hampton Court ; Proclamation against Papists ;
Ratification of the Service Book ; Three hundred Ministers
suspended, deprived [or] excommunicated, . . 125
1 604. July. Parliament ; Treaty anent union, . . . ib.
August. Synod; Spottiswood challenged; Confession sub
scribed ; General Assembly shifted ; Convention of Minis
ters ; Assembly continued to July 1605, . . 126
Iniquity abounds ; Commissioners from St Andrews keep the
diet at Aberdeen, July 1604; Protestation, . . 128
Convention at St Andrews ; October 1604, Convention at
Perth ; Grievances anent the Commissioners ; Answer ;
Mr George Graham's promise, . . . .129
Articles agreed ; Letters continuing the Assembly, July 1 605, 131

TABLE OF CONTENTS. lxxvii
1604. Page.
Commissioners appointed to keep the Assembly at Aberdeen,
in July 1605; The meeting not frequent; Prevarication
anent the diet, . . . . . .132
1605. Ministers that keeped the 2d July 1605; Ross preacheth;
Laureston present ; Laureston removeth ; Mr John Sharp,
Clerk ; Council's Letter considered ; Laureston coming in
is contented ; Laureston removeth ; Next diet appointed
September next, . . . . . .133
Laureston returned ; Protests that this was an unlawful As
sembly ; Moderator protests ; The Assembly charged to
dissolve ; Instruments of their willingness and obedience, . 135
Others Commissioners come on the 5th of July ; Instruments
of their presence and approbation of the proceedings ; Pres
byteries approbation ; Laureston's misreport ; Forbes and
Mr John Welsh committed, .... 136
July 25. Charge to Aberdeen to suffer no Assembly, . 137
August 2. Other Ministers imprisoned ; The pest, . . il
August 8. Presbyteries discharged to approve it ; Charge
to all to delate the approvers, . . . . ib.
Oct. 3. Fourteen ministers cited to Council; Seven com
mitted; Some pass from it, . . . .137
Sept. 2. Synod of Fife held out of Dunfermline ; Convene at
Inverkeithing ; The imprisoned's Apology and Petition, . 138
Proclamation of an Assembly without any year, . .139
Oct. 24. The imprisoned cited before the Council; The
Ministers Petition to the Council ; Their Declinature, ib.
The Ministers answer to the libel, . . . .140
The Ministers sentence ; And remitted to their prisons, . 148
1606. January. Six Ministers put to an assize ; The Ministers will
not pass from the Declinature, .... 148
The Judges, . . . - . .149
The Advocates defences for the Ministers, . . .150
Explanation of the word simpliciter ; In terloquitor, . .151
The Assize, . . • • • .152
Illegality; The Ministers filed by plurality; Six absolve them, 154
The sentence continued ; Remitted to prison, . .155

lxxviii TABLE OF CONTENTS.
1606. February. The Synods to meet all in one day ; The King
craves answer to five Articles, . . . . ib.
Synods reject them ; The French and Dutch Ministers at Lon
don misinformed ; The Ministers Apology, . .156
Information against the Chancellor, . . .157
July. Parhament at Perth ; The Caveats refused to be insert
in the Act of Parhament; Spottiswood preaches against
the Discipline ; Galloway's preaching ; Ministers offer to
prove the Caveats broken ; Cowper's preaching, . . ib.
The Ministers Protestation; Three subscribers turn after
wards Bishops ; The substance of the Protestation, . 159
The Lords of the Articles reject the Protestation ; Protesta
tion in open Parhament, . . . . .162
Prelacies erected in temporal Lordships ; The Bishops ride,
and their places ; Acts, ..... 163
The Earles and Lords clothed in scarlet, . . .164
The Second Stepp or Degree : The Constant Modera
tion of Synods and Presbtteries, . . . ib.
Eight Ministers called to London ; Dunbar's advice, . 165
August. The Ministers advice in their Presbyteries; Re
ceive no commission ; Gladstanes treachery ; Gladstanes
charged by his Presbytery, . . . .166
Sept. 22. The Ministers called before the King ; The King's
speech ; Time to advise obtained, . . .167
Sept. 23. The Ministers second appearance ; The King's
question ; The Bishops answer ; Mr Andrew Melvill's
answer ; Mr James Melvill's, .... 168
Mr Andrew Melvill ; Mr William Scot ; Their overture ;
Dismissed with applause ; Charged not to return to Scot
land ; Called to the Chapel ; Questions put to the Minis
ters ; Mr James Melvih's answer ; Supplication by the im
prisoned Ministers ; Mi* Andrew Melvill, . . 169
The Ministers called before the Scots Council ; Articles given
them in writt ; Mr James Melvill's answer ; Mr William
Scot's answer, . . . . . .171

TABLE OF CONTENTS. lxxix
1606. Page.
Their Grieves, and Advice how to pacifie the Troubles of
the Kirk, ...... 176
Letters for a Convention at Linlithgow ; They supplicate to be
dimitted ; Are enjoined to live severally at Bishops
houses, ....... 177
Nov. Mr Andrew Melvill called before the Council; En
joined; The imprisoned Ministers sentenced with banish
ment ; Nov. 7, they embark at Leith ; Six Ministers
banished, eight detained at London, eight lying in wards, 178
The tenor of the letter for the Convention at Linlithgow, . 179
Dec. Convention at Linlithgow ; Galloway's speech ; Mr
James Nicolson, Moderator ; Philip, scribe ; Protestation
intended, but crushed ; Resolution for repressing Papists ;
Agent for the Presbyteries, . . . .180
Divisions among Ministers ; The King's intention and "decla
ration, ....... 181
The Bishops Declaration, . . . . .182
Anent the banished Ministers ; The King's overture of Con
stant Moderator ; Overture approven ; The number of the
Convention, . . . . . .183
Admonition to peace ; Thanks to the Convention ; An extract
refused ; Presbyteries urged with the Moderators ; The act
refused ; Some accept, ..... 184
Synods urged with Moderators ; Refuse ; Scoone's madness ;
Scoone takes instruments ; Synod takes instruments ; Act
anent Moderators ; Letter to the Ministers in England ;
Commissioners to Assembly ; Mr Row put to the horn, 185
1607. Synod of Fife discharged ; They meet on the sand ; Proro
gation ; Act of Linlithgow produced ; The act not acknow
ledged ; Members charged with horning to accept of Glad
stanes [as] Moderator ; Their answers ; Gladstanes threat
ened with excommunication ; Dykes and Scrymgeour con
fined ; Cranstoun put to the horn, . . . 186
August and October. Moderators opposed by Synod of Lo
thian ; Synod of Merse and Teviotdale ; Presbyteries

lxxx TABLE OF CONTENTS.
1607. Page-
charged to receave Moderators ; Two Ministers charged to
prison, retire ; [Synod of] Angus accept the Moderator, 188
The act at Linlithgow ; Cautions of constant Moderators, . 189
April 26. Mr Andrew MelviU sent to the Tower ; The rest
of the Ministers confined ; Mr William Cowper's Letter, . 194
The Assembly prorogat to Nov. 4. 1607; A meeting appointed
August 1607 ; Mr James Nicolson's death ; Mr David
Lindsay, ...... 195
Assembly prorogat to April 1608, . . .196
Assembly prorogat till July 1608 ; Mr John Murray warded, 197
Bishops visitations; May 1608, Law declined; The decliners
put to the horn ; Confined, . . . .198
1608. May, ult. Letter anent the High Commissions ; The Bishops
means of preparation for an Assembly ; Conference at
Falkland ; Articles by the Ministers to the Bishops, . 199
The Bishops Articles, . . . . .200
Doctor Dounam's Sermon, .... 201
July. Assembly at Linlithgow ; Law Moderator ; Acts ;
Causes of the growth of Popery, . . . 202
Commissioners called to an account ; Reasons for their conti
nuance ; Protestation ; Commissioners chosen, . . 203
Distraction of affection; Difference in judgment ; Commission
for removing differences, .... 204
Anent the banished and confined Ministers, . . 206
1609. January. Spottiswood's report ; Commissions to the Bishops, ib.
Bishop of Galloway sent up to Court, . . . 207
Memorialls to be proponed to his Most Excellent Majes
ty, [by the Bishops,] ib.
May. Conference at Falkland ; Simson's Letter ; Ministers
desire; Bishops answer ; Ministers reply ; Conclusion, . 211
Two things to be questioned ; The Ministers desire ; Bishops
answer ; Ministers reply, . . . .213
Overture for peace ; Next Conference appointed ; Assembly
prorogat, ....... 214
Anent the Conference, . . . . .215

TABLE OF CONTENTS. Ixxxi
1609. , Page.
June. Bishops place ; Act in Bishops favors ; Bishops re
stored ; Kirkmen's apparel, . . . .215
Nov. The King's letter to Edinburgh ; Christmas vacance ;
Fairfoul confined ; Spottiswood a Lord of the Session, .217
1610. January. Habits of Apparel, .... 218
The Third Step : The power of the High Commission.
February. The High Commission proclaimed ; The tenor of
the Commission, . . . . . . ib.
High Commission contrary to Act of Parhament, . .221
The Fourth Degree or Step : Ordination and Jurisdic
tion tyed to them.
June 6. Assembly ; Missives from the King ; Bishops letters, ib.
Spottiswood Moderator ; A protestation interrupted ; Spottis
wood's lie ; The word Presbytery rejected, . .223
Dunbar ; Manner of Commissions ; Many without Commis
sion ; Money distribute, ..... 224
The Heads and Articles concerning the Discipline of the
Kirk in all time coming.
Acts ; Five negative, Seven non liquets, . . .225
Episcopal Visitation and Diocesan Synods equivalent, . 228
The Authors against keeping Diocesan Synods, . .229
Ministers Sermons against the Assembly ; Proclamation
ratifying, ...... 231
October. Diocesan Synod; Opposition; Cowper; Procedure;
Murder, . . . . . .232
Nov. Synod; Supplication, .... 233
Three Bishops consecrate ; More consecrated ; Dunbar's
death ; Melvill's prophesy of Dunbar ; Popish Lords libe-
rat ; Straiten warded ; Gladstanes's Letter, . . 234
1612. October. Parhament; Act of Assembly altered, . . 237
Cowper, Bishop of Galloway, .... 238
1614. Proclamation for Communion at Easter ; Spottiswood trans
lated ; Malcolm challenged, . . . . ib.
/

lxxxii TABLE OF CONTENTS.
1615. Page.
Sept. Law, Bishop of Glasgow ; Bannatyne, Bishop, . 239
Dec. Courts of Commission united, . . . ib.
The Pretended Bishops, their Government, and the effects
of it.
1616. June. Huntly warded; Huntly relaxed in England; Pro
clamation, July, ..... 240
Assembly at Aberdeen, August; Spottiswood, Moderator;
Constitution, ...... 241
Act against Papists ; Acts ; Many withdraw ; Spottiswood's
Questions ; The King's guard ; Commissioners anent dila
pidations ; Supplication to the King ; Spottiswood's addi
tions, ....... 242
Huntly absolved ; Struthers commendation of the Assembly, 245
Organs in Chapel; Pictures; Kneeling, June 1617; Parlia
ment ; Article anent the King's making of laws, . 246
Protestation ; The King informed ; Protestation presented but
not read ; The King passes from it, 247
1617. June 27. Subscribers, . . . . .248
Simpson warded ; Calderwood with two more before the High
Commission ; Calderwood's Answer ; Calderwood suspend
ed ; His reasoning ; Calderwood deprived ; Warded, . 249
Some acknowledge a fault ; Preposterous order of Assembly, 251
Nov. Assembly at St Andrews ; Spottiswood against Mel
vill ; Articles agreed ; Ramsay, . . . ib.
Dec. Spottiswood preached [in support of] Festivals, . 253
1618. Jan. 26. The King's Letter ; Observations of Festivals, pro
claimed, January 28, . . . . . ib.
Feb. 16. Forbes of Corse's Letter; At Easter the Commu
nion with kneeling, ..... 254
Kirks unite, . . . . . .255
The Fyve Articles.
August. Assembly [at] Perth ; Spottiswood's Protestation in
Sermon ; Their sitting ; Spottiswood, Moderator ; Clerk ;
Nobles, Barons, without commission ; King's letter ; Spot
tiswood's allegiance, ..... 256

TABLE OF CONTENTS. lxxxiii
1618. Page.
Ministers require four things ; 1. Anent votes ; 2. Anent the
Moderator ; 3. Anent the Articles ; 4. Private Conference
by some of either side ; King's letter read ; Spottiswood ;
Reasoning granted, . . . . .258
Kneeling ; Bishop Lindsay anent kneeling ; Articles given in,
in write, ...... 261
The King's letter in write read ; Spottiswood's threats ; Order
of voting ; State of the question ; Articles concluded ; Nul
lity of Assembly, . . . . . .262
Articles to be subscribed by intrants, . . .265
October. Acts ratified by proclamation, . . .266
Ministers urged with obedience ; 1618, Christmas ; Easter,
1619; Galloway's letter to the King against Edinburgh;
Hall,  267
1619. March. Mr Richard Dickson before the High Commission, 268
April. Another Minister before it ; Appellation; Mr Duncan
cited ; Declines ; Mr Duncan's admonition, . .269
Nov. 13. Meeting at St Andrews ; The King's letter ;
Spottiswood presseth obedience ; Carmichael's answer, . 270
1620. January and February. Ministers before the Commission, . 272:
Scrimgeour before the High Commission ; His discourse, . 273
Scrimgeour's reasons against his sentence, . . 275
Scrimgeour's Protestation, .... 277
Merse Ministers before the Commission, . . .278
March 28. Commission at Glasgow ; Livingston before the
High Commission ; Mr John Ferguson, . . ib.
Their Declinature, ..... 279
April. Directions from the King anent citizens of Edinburgh, 280
Spottiswood's Diocesan Synod, . . . .281
June 19. The King's proclamation, . . . ib.
May. Proclamation ; Supplication, . . . 282
[Marquis of] Hamilton, Commissioner, . . . 283
1621. July 22. Simpson's preaching; Called before the Council;
Warded in Dumbarton ; Ministers charged off the town ;
Informations left by the Ministers, . . .284
Protestation ; Mr David Barclay, presenter, . .292

lxxxiv TABLE OF CONTENTS.
1621. Page.
Ministers denied access to the Parliament ; Hamilton's har-
rangue ; Election of the Lords of Articles, . . 293
Articles ratified [by the Lords of] Articles, . . 294
Protestation affixed publicly ; Five Articles approven, . 295
Fire, thunder, darkness ; Hailstones, rain, . .297
August 20. Acts proclaimed ; The tempest renewed ; Pro
testation ; The King's Letter, .... 298
October 10. Uniformity urged, . . . . ib.
Spottiswood's alleged Letter ; Biggar before the Commission ;
Mr John Murray ; Mr John Row, . . .299
Mr David Dickson, December the 6th; January 2, 1622,
Dickson before the High Commission ; Declinature ; Dick
son deprived and confined, • 300
Mr George Dunbar deprived and confined ; Declinature, . 302
George Johnston cited for not preaching at Yule ; seventy-
three years old ; Deprived, .... 305
1622. October 23. Mr Duncan's Letter to Spottiswood, . . ib.
Mr Robert Boyd of Trochrig ; Mr Andrew Ramsay, . 306
1623. January. Boyd displaced, . . . . . ib.
1624. March. Mr William Forbes's doctrine challenged by the
people ; The Ministers offended at it, . . . 307
Forbes; Sydserf; Struthers, . . . .308
April. Diverse before the Council, . . . ib.
June. Anent William Rigg's fine and confinement ; Others
confined ; Discharge of Coventicles, . . . 309
August. A Proclamation for Communion at Christmas, . 311
Sept. Proclamation to choose conform Magistrates, . 312
Nov. The Pest in ane Yule Communion ; January 1625,
William Rigg, . . . . . . ib.
1625. The King will have Communion at Easter ; March,
The King's [James I.] death mars Easter Communion ;
Dickson's remorse for kneeling ; The King's [Charles I.]
Letter to Spottiswood, . . . . .313
Proclamation anent Conformity, .... 314
Sept. Direction to choose conform Magistrates, . . ib.
Commissioners or Clergy sent to the King about Kirk Rents, 315

TABLE OF CONTENTS. IxXXV
1628. Presbyteries send some to meet with the Bishops, 1628 ; The
Commissioners to Court ; Their charges, . .316
Mr Alexander Henderson ; Bishop of Ross, goeth alone to
Court; Instructions for the Clergy, . . .317
Anent the Communion in Edinburgh, . . . 318
April. Supplication to the King, and complaint by the
Ministers of Edinburgh, . . . .319
Instructions ; Sydserf subscribes them ; Ministers of Edin
burgh; Grievances,
1630. July. Grievances,
August. Grievances,
1633. May. Grievances,
June. Supplication,

320
327 328330335

CEETAINE EECORDS TOUCHING THE ESTATE
OF THE CHUECH OF SCOTLAND.
THE FIRST BOOKE.
CAP. I. — The happo: estate of the Church of Scotland,
after the Reformation of Religion, . . . 345
CAP. H. — The first beginning of the decay in the govern
ment AND JURISDICTION ecclesiastick, . . . 349
CAP. HI. — The kestauration of the Kirk to her wonted
LIBERTTE IN THE TREWEST GOVERNMENT, . . . 351
CAP. TV. — The second break and beginning of the present
decat op the libertre, jurisdiction and discd?line of the
Keek of Scotland, ..... 354
CAP. V. — The indeavour of the Ktrk to preserve the dis
cipline FROM THE CRED7ING IN [of] CORRUPTIONS, AND CON-
TRATR DRESSINGS OF THE ADVERSARIES, . . • 359

lxxxvi TABLE OF CONTENTS. Page.
CAP. VT. — The pollicie used to induce the Kirk to allow
DIVERS THINGS TENDING TO THE STRENGTHENING OF THE FOR
MER COURSE AGAINST THE DISCIPLINE, . . • 363
CAP. VH. — The causes moving his Majestie, after his going
to Ingland, to continue in his former purpose and pro
jects TO ACCOMPLISH HIS DESIRE, .... 373
CAP. VIE. — Of the diligence and earnest endevours of
the mlnistrie to preserve and matntaine the ld3ertie of
their Assemblie, against the pollicds and craft of the
Bischops and Commissioners, ... . 378
CAP. IX. — The constant going on of Counsell and Commis
sioners IN THE INTENDn PURPOSE, .... 383
CAP. X. — Of the Assemblie haulden, and proceidings
therof, ....... 386
CAP. XI. — A short note of the calumnies uttered in the
foresaid Declaration against these Ministers for their
MEITTING AT AbERDENE, . . . . .397
THE SECOND BOOKE.
CAP. I. — Touching the imprissonment of the SEx Ministers
committed to the Castell of Blacknes, . . . 401
CAP. H. — The second bringing of the Ministers that were
imprisoned in Blacknes before the Counsell, and inde-
vour of the Counsell bt interhogatours to intrappe them,
and bring them within the compasse of a law ; and the
Ministers answers, ...... 409
CAP. HI. — The Declaration of the Ministers proceidings,
for clearing of their own innocencie, and appeasing of
his majestie's wraitn, sent by tiiem to his majestie, . 417

TABLE OF CONTENTS. IxXXvii Page.
CAP. IV. — The pollicie of the Counsell to cover their
wrong and imprissonment of the remanent Ministers, . 419
CAP. V. — The conclusion taken at Londoun, and execution
therof on the Counsell's pairt, in the proces led against
the Ministers, the 24th of October, at Edinburgh, . 425
CAP. VI. — The favourable answering of Mr Gilbert
Beoun his complaint, the releasing of Mr Henry Bltth
out of prison, and particular dealling with the Minis
ters to bring them to a confession, . . .436
CAP. VET. — Certatne petitions given to the Counsell in
favours of the imprisoned ministers. — Their letter to the
Presbitrie of Edinburgh for clearing of their inno
cence:. — Two Petitions sent to the King, one from the
Presbyterie of Edinburgh, and another from the impri
soned Ministers with other petitions to the Councell,
and further secret purposes against the Ministers in
Blacknes, ....... 439
CAP. VlLL — Of the convoying of the Ministers from
Blacknes to Linlithgow, and the dealing with them be
fore THEIR ARRAIGNMENT, ..... 455
CAP. IX. — The arraignment of the Ministers before the
Lord Justice, with such proceedings as happened before
the calling of the jurie, ..... 463
CAP. X. — The jurie is called, the exhortation made to
THEM, AND THEIR PROCEEDINGS, , 476
CAP. XI. — The things that followed upon this process of
CONVICTION, AND OF THE PUBLISHING OF THE CALLUMNIOUS
BOOK OF " DECLARATION*' SO OFTEN MENTIONED BEFORE, TO
GETHER WITH SOME GRIEl'ES OF THE MINISTERS OF LOTHIAN
AND TEVIDALE, &C, . . . . • .107

lxxxviii TABLE OF CONTENTS. Page.
CAP. XH. — Letters sent from the preachers of the French
and Flemish churches at London, to the Ministers of
Edenburgh, with an answer thereto from the imprisoned
Ministers, and another letter sent from them bt Mr Wh.-
liam Irrving, servant to the King's Majestie, . . 524
CAP. XTTT. — Some Ministers sent foe bt his Majestie. — The
General Assembly still shotted. — A petition sent by the
waeded Ministers, and a protestation by some other Minis
ters to the Parliament of Perth, but not presented. —
Some articles penned by them. — What maters were con
cluded at the Parliament of Perth. — A petition sent
from the warded Ministers to the King, and a letter to
their brethren going to Court, .... 552
CAP. XIV. — The copie of his Majestie's letter to the
COUNCELL OF SCOTLAND, CONCERNING THE SENTENCE TO BE PRO
NOUNCED AGAINST THE IMPRISONED MINISTERS, . .556

It is stated at page Iii. that Mr John Forbes had three sons, John, Arthur and
Patrick. From Livingston's Memorable Characteristics it appears that Forbes had
another son, James, minister at Abercorn. Livingston classes him among " the faith
ful and able ministers of Christ in the Church of Scotland of his acquaintance," and
describes him as " an able and zealous preacher, who after every sermon behoved to
change his shirt, he spoke with such vehemency and sweating. Every year he gave
the communion four times."

APOLOGETICAL NARRATION
OF THE STATE OF
THE KIRK OF SCOTLAND,

BY

MR WILLIAM SCOT,
MINISTER OF CUPAR.

APOLOGETICAL NARRATION

OF THE STATE OF

THE KIRK OF SCOTLAND.

When the light of the Gospell was striveing with the darknesse
of Poperie, within this realme, at the breaking up of Eeformation,
so many particular kirks as were reformed were governed accord
ing to the Order sett downe in the book, prefixed to the Psalms in
meeter; which is called, in the First Book of Discipline, "The Book
of Common Order," and, in the Acts of the Assemblies, " The
Order of Geneva," that is, of the Inglish congregation at Geneva,
where Mr Knox had been some tyme minister. We have there
the forme of election of pastors, elders and deacons, of the admi
nistration of the sacraments, and solemnization of marriages, which
continued after till the declining of our Kirk. The election and
admission of superintendents, some prayers for extraordinary occa
sions, the treatise of fasting and excommunication were added after
ward. Ministers were directed by acts of the Generall Assembly
observe that order in celebration of the sacraments and solemniza
tion of marriage.
In this book there are only four sorts of Office-bearers acknow
ledged as warrantable by the Word of God: to wit, of pastors,
doctors, elders, and deacons. Because the book is obvious to every
man, I need not to discourse upon every head. Only let the reader
be advertised, that that learned and judicious divine Mr Cart-

4 APOLOGETICAL NARRATION
wright, in his first reply to Doctor Whitgift, hath these words:
" Although the Inglish church at Geneva had that," to wit, fune
ral! sermons, " in their Book of Common Prayer, yet, as I have
heard of those that were there present, it was not so used." The
reasons alledged in the First Book of Discipline are so forcible to
prove the inconveniences of funerall sermons, that there needeth
no further doubt to be made of the matter.
The short Confession of Faith prefixed befor that book was the
first Confession which was approved by our Kirk.
OF SUPERINTENDENTS, AND THE FIRST BOOK OF DISCIPLINE.
So soon as the light prevailled over darknesse, a Parliament
was hplden in August 1560, for the establishing of religion and
the suppressing of Poprie. At this Parliament, the Confession
of Faith, which is extant among the Acts, was ratified, and again
anno 1567.
After the dissolving of the Parliament, consultation was had at
the direction of the counsell concerning the policie and govern
ment of the Kirk. It was committed to Mr Knox, Mr John Win-
ram, Mr John Eow, Mr John Spotiswood, John Willock and Mr
John Douglas, rector of the University at Saint Andrews, to draw
up the heads of the Policie, as they had done of the Doctrine. When
the Book was presented unto the Lords some wished it were rati
fied by Parliament ; others, in mockage, called it a " devout ima
gination;" the licentious perceaved their carnall liberty was to be
restrained, if the discipline prescribed in the book were established;
such as had gripped greedily to the church rents considered that
their commoditie was much to be impaired, if so much were be
stowed upon the ministery, the schoolls, and the poor, as was
modified by that Book; yet it was subscribed by sundry, and rati
fied by Act of Counsell upon the 17th day of January next fol
lowing, with provision that the bishops, abbotts, priors, and other
prelats and beneficed men, who had joyned themselves to the
Eeformed Kirk, within this realme, be suffered to possesse their

OF THE STATE OF THE KIRK. 5
benefices during their lifetime, so that the ministery within their
prelacies be provided according to the modification of that book
spread abroad.
This Book was not intended to be strictly observed in all tyme
coming in every point, but liberty was reserved to the posterity to
devise and establish a more perfect, as we may see in the History
of the Kirk, pag. 546. That which was alterable and temporary
may be discerned from the rest, which is of perpetuall use, by some
reason or respect alledged in the book. For somthings were devi
sed for the state of this Kirk in her infancie, and as it were inforced
upon them by necessity ; the policie of the Kirk being so defaced
befor in the tyme of Poprie, that it could not be repaired at the
first. Because the harvest was great and the labourers few, they
appointed superintendents, exhorters, and readers. They allow in
churches, where no ministers could be had for the present, men that
could read distinctly the Common Prayers and the Scriptures, but
permitt them not to administer the sacraments, unlesse, by pro-
cesse of tym, they grow able to deliver wholsome doctrine ; and yet
not befor they be admitted. So they allowed no reading minis
ters. The exercise of exhorting and explaining the Scriptures, they
permitted to some readers, that had any abilitie, to traine them up
for the ministry. If, after two years, readers were not found to
grow up to that abilitie, they thought it good they be removed and
ly not as a burden upon the Kirk.
They requyr no bishops to be placed in the diocesse of the old
Popish bishops, which they would have done, if they had thought
that the office of a bishop was an ordinary and perpetual office in
the Kirk instituted by Christ or his Apostles ; but without reguard to
the limits of the old diocesses they divide the whole countrey in ten
parts, which they call diocies or provinces, and requyre that super
intendents be appointed to travell through them, that the whole
countrey may be watered with the preaching of the word. To these,
charge was given to plant and erect kirks within their bounds.
They confesse they were forced to make this difference of ministers
through necessity, not that they thought the office of a superintend-

6 APOLOGETICAL NARRATION
ent is any of the ordinary offices which the Lord hath appointed ;
which is clear by these words : " We thought good to signifie to
your Honours such reasons as moved us to make difference be
twixt preachers at this tyme." And again, " We thought it a thing
most expedient at this time." Their chief reason was, lest the great
est part of the realme should be left destitute, if the few preachers
they had were all settled in particular kirks. They intended to
have had a superintendent for every province ; yet, because their
travelling throw their bounds was chargeable, they could not at-
taine to moe then five : Mr John Spotiswood for Lothian, Mr
John Willock for Glasgow and the West, Mr John Carswell for
Argyle and the Isles, Mr John Winrame for Fife, John Erskin
Laird of Dunne for Angus and Mearns.
Howbeit the office of .those Superintendents was afterward
abolished, as was the office of Bishops, I will shew the differences
betwixt them and our pretended Bishops who claime to them as
their predecessors.
1. The Superintendents must travell through their province,
preach thrice in the week, not staying twenty dayes in one place,
nor in the chiefe place of their residence above three or four months
at the most, but must re-enter in visitation of the rest of the kirks of
their bounds. This course they must keep till the kirks be provided
of ministers, at least of readers. So their charge stood more in
preaching then in governing. Our Bishops teach scarce once in the
week in their cathedrall kirk, some scarce once in a quarter.
2. They * crave, that when any superintendent shall be deposed,
or depart this life, that not only the eldership, magistrats and coun
sell of the chief towns nominat two or three of the most learned of
the ministery, but also that all the kirks within the bounds have
liberty to nominat such as they shall think worthy to stand in elec
tion ; that, after nomination, edicts be set forth, that such as could
object against the persons nominat might be warned to be present,
» " They, " that is, the Reformed Kirk craves.

OF THE STATE OF THE KIRK. 7
in the chief town, at the day appointed for that effect ; that the
ministery of the province, with three or four superintendents nixt
adjacent, do try their learning, manners, wisdome and ability to
govern ; that he who shall be found most worthy may be burdened
with the charge; that the examination be publict; that the voters
be charged, in the name of God, to vote according to their con
sciences; that the ministers of the province bring with them the
votes of the people committed to their care, that the election may
be the more free ; that the gentlemen and burgesses of the diocie
be made privie to the election, that he may be the better beloved
being chosen by themselves. In the election and admission of
Mr John Spotiswood, Superintendent of Lothian, warning was
given to earles, lords, barons, gentlemen and others, that had or
might claime vote in election, as ye may see in our Psalme
Books. 3. How the Bishops enter to their usurped or pretended office,
ye shall see in the owne place. And yet in this book they * grant
that at the first tyme, the nomination, examination and admis
sion of the superintendent could not be so strict as they wold
have it, and, afterward it must be. Other ceremonies then sharp
examination and approbation of the ministers and superintend
ents, with the publict consent of the elders and people, they can
not allow to the admission of a superintendent. Bishops must
be consecrat by the metropolitan, and other three bishops at least
must be present. A simple minister might admitt a superintend
ent. Mr John Knox admitted Mr John Spotiswood. The super
intendent by that book must be subject to the censure and correc
tion of elders and ministers, not of his chief towne only, but also of
his whole province. What obedience Mr Spotiswood promised at
his admission, ye may read in the Book of Common Order. The
proud prelatf, his son, saith, he will not be subject to such a crue.
If the ministers and elders of the chief town and province be negli
gent in correcting the superintendent, when his offence is knowne,
* See Note to the page 6. t John Spotiswood, Archbishop of St Andrews.

8 APOLOGETICAL NARRATION
the nixt one or two superintendents, with their ministers and elders,
may conveen him in some part of his province befor them, and cor
rect him. Ye see how carefull they were to keep him in order, when
there was no appearance as yet of tyrrany or misbehaviour. By
this book, every congregation hath liberty to chuse their owne mi
nister. The person chosen must compeir befor men of soundest
judgment, remaining in the chief reformed citty or towne, nixt
adjacent, which was the readiest mean could be devised at that
tyme. He must interpret some place of Scripture appointed by the
ministery, and be examined by them in all the controverted heads
of religion, and that publictly, and thereafter sent to the congrega
tion where he is to serve, that he may give a prooff of his gifts and
soundnesse in religion by sundry sermons. His examination then
was not committed to the superintendents alone, or to such as
pleased him to appoint, but to some learned ministers. Imposition
of hands they think it not necessary: now it is urged as necessary,
but none other necessary but of the bishops hands. Others then
superintendents might admitt ministers. Mr John Knox admitted
not only the superintendent, but also Mr James Lawson, ta the
ministery in Edinburgh. Ei the head of order and discipline to be
taken with publict offenders, no mention is made of superintend
ents, but of ministers and elders ; and in their visitation, they are
ordained to note such crymes as be heinous, that by the censures
of the Kirk^the offenders may be corrected.
4. In the head of superintendents we have no degrees of supe-
riour and inferior, provinciall and generall superintendents, but all
are made equall in rank and degree : but bishops are subordinat
to archbishops, primats and patriarchs. Bishops, in respect of their
barronies, have vote in Parhament. They allow no barronies, but
stipends upon superintendents, and, therefor, they could have no
place to vote in Parliament. No minister, according to this book,
must be one of the King's Counsell, be he judged never so apt for
the purpose ; but he must either cease from the ministery, which,
at his pleasur, he may not do, or else cease from bearing charge in
civil affairs, unlesse it be to assist the Parliament, if he be called,

OF THE STATE OF THE KIRK. 9
they mean to assist with advice, or to answer doubts out of God's
word ; otherwayes, if they had thought the ministery should be the
third estat, they wold have allowed them also place to vote, and sit
as judges. Mr John Knox, in his exhortation to Ingland, dated
at Geneva, 12th January 1559 yeares, hath these words : " Let
none that be appointed to labour in Christ's vineyard be intangled
in civil affairs, or, as ye call them, the affairs of the realme, except
it be when the civil magistrat and the minister of the word assemble
together for the execution of discipline, which is a thing easie to
be done, without withdrawing any person from his charge ; for, as
touching their coming yearly to Parliament for matters of religion,
it shall be superfluous and vain, if God's true religion be once so
established, that after it never be called in question or controversie."
In this book they requyre a lawfull minister to administer the
sacraments ; doctrine to preceed the ministration ; sitting at the
Lord's Table ; distribution and dividing be the communicants ;
abbeyes, munkeries, frieries, nunries, chappells, chanteries, cathe-
drall kirks, canonries, colledges, other then were for the present
parish kirks, to be utterly overthrowne, except only palaces, man
sions and dwelling places adjacent, with their orchairds or yards ;
free election of ministers ; their admission in presence of the peo
ple ; the whole revenue of the temporality of bishops, deans and
archdeans, lands, and all the rents of lands pertaining to cathedrall
kirks to be bestowed upon the mantainance of universities and
superintendents; that baptisme be administred upon the Lord's
Day, or on the week dayes after sermon. They condemne observ
ing of fasting and festivall days, violent intrusion of a minister up
on any congregation, a reading minister, secret joining in marriage,
funerall sermons, communicating at Easter, and sundry other things,
as the reader may easily observe.
Whereas, in the Confession of Faith, article 20, they think no
policie nor order in ceremonies can be appointed for all ages, tymes
and places, and that ceremonies invented by man ought to be
changed, when they foster superstition rather then edify the Kirk,
their meaning may be explained by their words in this book, in the

10 APOLOGETICAL NARRATION
head of policie, where they distinguish betwixt things necessarie to
be observed in every kirk, and things variable to be ordered by
every congregation, and allow every particular kirk to have a par
ticular policie of their own, without prejudice of the common and
generall, as, whither to have sermon this or that day of the week,
or how many in the week. Ceremonies for good order and com-
linesse they allow, but what is that to sacred rites, which are pro
perly called ceremonies.
THE FIRST COURSE OF GOVERNMENT BT SUPERINTENDENTS AND
COMMISSIONERS FOR PROVINCES.
The chief government of our Kirk, since the Eeformation, was in
power of Assemblies. We have had four sorts of Assemblies, Na-
tionall, which were commonly called Generall Assemblies ; Provin
cial!, which were commonly called by the generall name of Synods ;
Presbyteries, that is, classical! meetings of a number of ministers
within such a precinct ; and the Eldership of every particular con
gregation. But the presbitries or classical! meetings could not be
constitut for discipline and government at the first, because of the
rarity of ministers ; yet we had weekly meetings of ministers, and
others aiming at the ministry, for the exercise of prophesieing from
the very beginning. The different and variable courses, therefore,
was not in the government by assemblies, but in the office-bearers,
sometimes ministers having preheminence, lesse or more, above the
rest of their brethren ; and, for a long time, ministers, all equal in
power, governing jointly in presbitries, without acknowledging
any superior but synod or Generall Assemblies.
The first course, to wit, of Superintendents and Commissioners,
continued till January 1572. When they could not attain to moe
superintendents then the five above named, they gave the commis
sion to other ministers to preach in the bounds or provinces alloted
to them, to plant kirks, to visit kirks, schoolls, colledges, to suspend,
deprive, transplant ministers, to conferr vacant benefices, to procure
the eradication of all monuments of idolatry. These were called the

OF THE STATE OF THE KIRK. 11
commissioners for planting of kirks, commissionars of, or rather for
or to countreyes or provinces, commissioners for visitation. They
had the same power that the superintendents had, but that it en
dured no longer but a year, unlesse it pleased the General Assemblie
to continue their commission ; so that we may justly call them tem-
porarie superintendents, and the superintendents durable, or con
stant commissioners, both having a deligat power from the Assem
blie, limited by the Book of Discipline and acts of Assemblies ; and,
therefor, in many acts, under the name of superintendents, are
comprehended these commissioners. These superintendents durst
not take upon them to sit in an High Commission over their bre
thren, nor do any thing in matters ecclesiasticall without the con
sent of the Kirk.
These Superintendents were tryed at every Generall Assemblie,
which then were holden twice in the year, where, after they were
removed, any that pleased gave complaint or information against
them : but we have no sett nor free assemblies to try and censure
our pretended bishops, who do what they list without any control-
ment. The superintendents, especially of Fife and Angus, were
delated to the Assemblie for slackness in visiting their kirks, negli
gence in preaching, admitting of unqualified men, who had been
sometime Papish priests, and young men to the ministery without
due tryall, according to the Book of Discipline ; that they were
much given to worldly bussinesse ; that ministers resorted not to
the weekly meeting for exercise of prophesieing. Ministers were
appointed now and then to assist them in preaching, and yet they
desired to be disburdened of their office, which is a token that it
was not of divine institution, but by humane appointment, and might
be laid aside without deposition, at the will and pleasur of the As
semblie. So the countrey was watered with the preaching of the
word, not only by superintendents, but also by other ministers and
commissioners. Mr John Knox his ministry did more good then
all the superintendents. It was ordained in the Assembly, June
1562, that the examination of such as were to be established in the
ministery should be in presence of the superintendent and best re-

12 APOLOGETICAL NARRATION
formed kirk nearest the place where he is to be established, provyd-
ing alwayes, that the judgment of best learned who shall be pre
sent, be sought, in the examination and admission, and that he who
shall be so receaved, shall not be removed but according to the
Book of Discipline. Here ye see that the Book of Discipline is to
be observed as the rule for removall of ministers. In December
1562, it was ordained that all persons serving in the ministery, as
well such as was called bishops, as others, as also exhorters and
readers, who have not entered to their charges, according to the
fourth head of the Book of Discipline, desist till they be orderly
entered. By this Assemblie, it was ordained that the synods be
holden twice in the year, to wit, in April and October ; that the
superintendent give sufficient advertisement of tyme or place to
the particular kirks, that the minister, with an elder or deacon,
may repair to the place. By the same Assemblie, ministers ought
not to be transplanted without consent of the most part of the
ministers and elders present at the synod. La June 1563 it was
ordained, that if any person found himselfe wronged by any sen
tence given forth by the session of any particular kirk, he be per
mitted to appeall to the superintendent and the synod, and, if yet
wronged, from them to the Generall Assemblie, from which it shall
not be lawfull to him to appeal. So the superintendent alone was
not judge of an appellation for a wrong alledged committed by the
session or eldership of a particular kirk. E any wrong was done by
the superintendent and the synod, remedy might be had by appella
tion to the Generall Assemblie. But now no remedy can be had,
whatsoever wrong we receave from the prelat's. hands ; for we have
no ordinary Assemblies and extraordinary, but when it pleaseth
them, and where they may be masters themselves, which also are
very rare. Commission was granted by this Assemblie to Christo
pher Goodman minister at St Andrews, William Christison minis
ter at Dundie, Mr John Douglas rector of the Universitie of Saint
Andrews, Mr William Cock and Mr William Scot, to take cognition
of the complaint given in by the Superintendent of Fife, against Mr
George Lesly, minister of Stremiglo, to decide therein, and to no-

OF THE STATE OF THE KIRK. 13
tifie their sentence and decreet to the Superintendent of Angus.
Here ye see rmnisters appointed to be judges of the complaint of a
superintendent. In December 1564, because of the common report, that many
ignorants and of bad conversation were admitted to be ministers,
exhorters, readers, the Superintendents of Angus, Lothian and
the West, were ordained to visit certain bounds allotted to them,
other then their owne ; and Mr Knox to visit the kirks of Fife,
¦Strathern, Gowrie, and Monteith, to try, suspend, depose as they
shall find cause. But who admitted those ignorants or scandalous
persons, but superintendents and commissioners for visitation of
kirks ? In December 1565, it was ordained that the superintendent
call the disobedient minister, exhorter, reader, befor himselfe and
some of the nearest discreet ministers ; and if, being convict of dis
obedience, he refuse to satisfie according to their injunctions, that
he be suspended from his ministerie and stipend till the next Assem
blie, that he may be further censured or restored to his former estate,
according to the evidence of his repentance. Here, ye see, the su
perintendent might not so much as suspend a disobedient reader, let
be a minister, without associating to himselfe some of the nearest
discreet ministers. Presbitries were not as yet constitut, yet they
went as near as they could. By this Assemblie, the superintendent
was tyed to the advice of the nixt reformed kirk in decerning the
excommunication of adulterers, murtherers, &c. This is meant if
there be not a reformed kirk, that is, a kirk having an eldership
established, where the crime is committed : otherways a reformed
kirk without the superintendent might excommunicat, as ye may
see in the Treatise of Excommunication added to the Book of Com
mon Order. In this Assemblie, the Superintendent of Fife his
complaint was tryed by others then superintendents. In Decem
ber 1567, Mr John Craig, David Lindsay, George Buchanan, or
any two of them, were appointed to direct their edicts to the kirks,
which were wyder then the Superintendent of Fife his charge, that
the ministers and elders might compear at Couper the 22d of Ja
nuary, with their complaints against the said superintendent, and

14 APOLOGETICAL NARRATION
to try and report to the nixt Assemblie, which they did to the As
semblie holden in July 1568. The Treatise of Excommunication,
after it was revised by some appointed to that effect, was approved
by that Assemblie, wherin the reader shall often find mention made
of the ministery, session and kirk, but of superintendents only
where there is no reformed kirk ; and wher there is mention made
of superintendents, there is also mention made of assessors joined
with them. No excommunication is to be found there by bishops
officials. Ei July 1569, we find that the Superintendent of Angus
being appointed by the last Assemblie commissionar to visit the
shireffdoms of Aberdeen and Bamff, deprived the principali and
regents of the Colledge of Old Aberdeen, not allone, but with the
advice, counsell and consent of the ministers and commissioners of
the kirks within the bounds. In July 1570, when it was asked, at
such as were appointed by the Assemblie to decide questions, What
is the jurisdiction of a superintendent, and how farr it is extended?
the answer was remitted to the Book of Discipline. El March 1571,
(or, according to the old accompt, 1570,) it was asked at such as were
appointed to decide questions, Whether the superintendent might
take up particular delations in their chief kirk, where ther is good
order, execution of discipline, and a weeklie assemblie of ministers
and elders for this ? and it was answered, That it was thought good
for avoiding corruption and partiality, that he have some of the
elders with him. It was asked, E any person or persons in a re
formed parish or city, where order and discipline is observed, may
be compelled to answer befor their superintendent in prima instantia,
the matter not being tryed befor their own particular assemblie,
their immediat judge ? It was answered, Ordains the order of the
Book of Discipline to be observed herein, wherunto the superin
tendents are subject.
The Eeader, then, may gather by these acts and orders, together
with the differences I have observed befor out of the Book of Dis
cipline, what power the Superintendents had, and what odds ther
is betwixt them and our usurping Bishops. The hearts of professors
were in the begining so ravished with the clear light of the gospell,

OF THE STATE OF THE KIRK. 15
that there was no fear of tyrannie ; yet, be processe of tyme, the
office wold have brought forth as bad effects as it did in Ger
many, whereof Gualter complaineth in his Homilies upon Luke,
(Homil. 132.)
During this course we had no bishops, but only three Popish
bishops, who professed reformed religion, and, therefore, were suf
fered to bruik their rents, but without prejudice of the stipends
alloted to ministers ; to wit, the bishops of Galloway, Orknay and
Cathnesse. They had no power to exerce jurisdiction by virtue of
their old episcopall office ; and therfor, in the register of the Assem
blie, are designed by a note of degradation, as it were, " called or
intituled Bishop ;" nor might take upon them to be superintendents,
but according to the order set down in the Book of Discipline, nor of
commissioners, but at the appointment of the Generall Assemblie ;
and, therefor, when Mr Alexander Gordon, bishop of Galloway, was
seeking to be superintendent of Galloway, the Assemblie holden
in June 1562 would not acknowledge him for superintendent of
Galloway, because he had not observed the order prescribed in the
Book of Discipline, nor admit him, unless they understood that the
kirks of Galloway sought him to be their superintendent, and till
he subscribed the Book of Discipline. In December following, for
planting of kirks in the sheriffdome of Dumfreis and the rest of
the West, the Assemblie put in leits the said Mr Alexander and
Mr Eobert Pont, minister then at Dunkelden, ordained edicts to
be set forth for the admission of one of them to the superintend-
entship upon the last Sabbath of Aprile, and appointed the super
intendent of Glasgow, Mr Knox, Mr Eobert Hamiltoun minister,
and others to be present at the inauguration in the kirk of Dum
fries. In the mean tyme they give him the power of a commissioner
in Galloway. Mr Knox went after to Dumfreis, where he found
that Mr Alexander had corrupted the most part of the gentle
men, had induced them not only to nominat him, but also to elect
him ; whereupon Mr Knox delayed the action, and left Mr Eobert
Pont with the Maister of Maxwell, that his doctrine and conver
sation might be knowne. So, Mr Alexander was disappointed at

16 APOLOGETICAL NARRATION
that tyme, howbeit then familiar with Mr Knox, and often at his
table. In June 1563, commission was given to the bishops of Galloway,
Orknay and Cathnesse, to visit their owne bounds, plant ministers,
&c. as other commissioners did. They were more able to bear the
charges then stipendiarie ministers : otherwayes many were fitter.
They had been so enured to abuses in their old government, that
they could not carry themselves dutifully as commissioners. Com
plaints were made upon them, when they wer in office. La December
1564, when the Superintendents of Lothian and Angus, the Com
missioners of Galloway and Orkney, wer removed to be tryed, some
brethren desired, that it might be demanded of the Commissioners
of Galloway and Orknay, Whither, with a safe conscience, they
might exerce both the office of a Superintendent and the office of a
Lord of the Session ? where, by the way, ye may see, Commissioners
were in effect superintendents, and might be so called during their
commission. They wer both delated in December 1567 ; Galloway
for not visiting kirks, for haunting the court too much, for procuring
to be one of the Senators of the Colledge of Justice, and of the
Privie Counsell, for resigning Inchafray in favours of a young
child, getting lands in few in prejudice of the kirk ; Adam, called
Bishop of Orknay, for negligence in visitation, bestowing of bene
fices upon Frances Bothuell, a Papist, and placeing him in the
ministery, for occupying of the room of a Judge of the Session,
for solemnizing the marriage between the Queen and the Earle
of Bothuell, contrarie to an act made against the marriage of
the divorced adulterer, till the Assemblie were satisfied for the
scandall. In Jidy 1568, the Commissioner of Galloway, Mr Alexander
Gordon, was injoyned to come to Edinburgh at the tyme of the
nixt Parhament, and to shew his diligence in the charge committed
to him in that province, and to answer whether he will wait upon
court and counsell, or upon preaching of the word and planting of
kirks. The Superintendents of Fife, Angus, Lothian, were ap
pointed to report his answer to the nixt Assemblie. In the mean-

OF THE STATE OF THE KIRK. 17
tyme, Mr John Eow, minister at Perth, was appointed to visit
Galloway. The Bishop of Orknay was restored again to the
ministerie, and enjoined to confesse his offence in the kirk of Holi-
rood House, for solemnizeing the marriage betwixt the Queen and
the Earle of Bothuell. Ea July 1569, the Superintendent of the
Isles was rebuked for accepting the bishoprick of the Isles without
acquanting the Assembly, and for ryding at and assisting of the
Parhament, holden by the Queen's faction for the Queen, after the
murther of the King. Mr Alexander Gordon was enjoined to come
to the nixt Assembly, and inhibited to exercise any function in the
Kirk, conforme to the act made against him in July 1568, by which
he was discharged to excercise the office of a commissioner in Gal
loway, or to lift up the Thirds which he had for that office, in caise
he compeared not befor the last session of the Assembly. But I
find nothing of his compearance at the nixt Assembly. In Fe
bruary 1570, sundry things were laid to the Bishop of Orkney's
charge, and, amongst the rest, that he had desisted from preaching,
and sat as a judge in the Session, and styled himself with a Eoman
title, " Eeverend Father in God," which belongeth to no minister.
The first he thought had been warrantable ; for the second, he de-
nyed that he delighted in any such style, or craved any such arro
gant title. This much for these who were called Bishops, only be
cause they had been Bishops in tyme of Poprie, and still bruiked
the Bishopricks, but were not bishops in office, but only commis
sioners at the appointment and during the pleasur of the Assemblie;
and yet ye see how they carry themselves, notwithstanding of their
joining to the Eeformed Kirk, and how they wold have behaved
themselves if the General Assembly had not had authority over them.
The Generall Assemblies were not moderated by superintendents,
but by such as were freely chosen, whether minister or superin
tendent. Master John Eow, Mr David Lindsay, Mr John Craig,
and Mr William Christison, Mr Eobert Pont, Mr George Hay,
Mr Gilbert Garden, all ministers, were chosen to moderat as well
as superintendents, but not one of those who had been bishops of
old had the credit to be chosen during all this tyme. The Gene-

18 APOLOGETICAL NARRATION
rail Assembly mett often upon the 25th of December, so ministers
wer not then tyed to stay at home to make a sermon upon Christ's
nativity that day. Be an act made in July 1568, such only wer
to have place to vote in the General Assemblie: to wit, superin
tendents and commissioners appointed for visiting of the kirks,
ministers and commissioners of shires, chosen at the Synod with
consent of the rest of the ministers and gentlemen conveened at the
Synod, commissioners of burghs chosen with consent of the coun
sell and kirk of the burgh, and commissioners of universities. It
was ordained that none be admitted without their commission in
write, and that the same persons be not continually chosen, lest the
power of the Assemblies rest only upon them, but that they be
changed from Assembly to Assembly. When Presbytries wer
erected this sort of election was somewhat altered. The end of
thir [the Assembly's] meetings was not only to make canons and
constitutions, but also to try superintendents and commissioners for
planting of kirks, receaving of heinous offenders, after evidence of
their repentance, to consult upon references, receaving petitions,
delations, appellations, to appoint some to decide questions, to ap
point commissioners to present their petitions to the Parhament,
generally to do all things that were requisit for the welfare of the
whole Kirk in generall. These Assemblies were of such importance,
that when Secretarie Lethingtoune and other Court Lords made a
quarrell in December, anno 1562, about holding Assemblies without
the Queen's allowance, it was answered, Shee understood that ther
was a reformed Kirk within this realme ; that they had their owne
orders and appointed tymes for meeting ; take from them the free-
dome of Assemblies and take from them the Evangell, for without
Assemblies how shall good order and unity in doctrine be pre
served ; it is needfull that by the authority, judgment, and gravitie
of many, the errors and follies of a few be repressed.
As the ministers did grow in number, and the Synods become
more frequent, the Generall Assemblie disburdened themselves of
some bussinesse, and committed them to Synods^ Adulterers,
murtherers, incestuous persons, and others, convicted of heinous

OF THE STATE OF THE KIRK. 19
crimes, presented themselves to the Generall Assembly to receave
their injunctions, and at the next Assembly they presented them
selves again in their linen cloaths, &c. to be receaved. But in
March 1570, these penitents wer ordained to compear befor the
Synods to the same end. Whereas questions proponed by ministers
wer heard in the Generall Assembly, or decided by such as the
Assemblie appointed to meet together for that effect, it was or
dained by this Assemblie that all questions be proponed thereafter
to Synods ; and, what is too hard or cannot be solved, that that
only be proponed to the Generall Assembly. By an act made in
December 1564, if the Assemblie had not leasur to answer to ane
question before their dissolving, the decision was to be referred to
the Superintendent of the bounds wher the question arose, and such
a number of ministers as he should choose to assist him, and their
reasons were to be reported in writ to the nixt Assembly ; but by
this latter act the question was to be decided by the Synod. So to
search out the power of superintendents, we should look to the pos
terior acts, and not to the anterior, which were abrogated by pos
terior. The worship of God was preserved all this time in purity by our
Generall Assemblies. When the latter Confession of Helvetia was
approved by the Assembly holden in December 1566, they ordained
that a note be sett in the margine, at the printing, wher ther is
mention made of the same five dayes which are now urged upon
us. So they approve that Confession of Faith, but with the excep
tion of Holy dayes. The same Assemblie directed a letter to be sent
to the Bishops of Lagland in favours of their brethren troubled for
cornered capp, tippit, and surplice; where they shewed their detes
tation of such baggage. Some were appointed by this Assembly to
revise the Answer made by Mr William Eamsay, one of the mas
ters of Sainct Salvator's Colledge, to Bullinger's Treatise touching
the Apparrell of Preachers in England.
Often did the Assemblies crave, by their commissioners, from the
Lords of Counsell and Estates of Parliament, a consultation upon the
causes belonging to the jurisdiction of the Kirk, that they might be
b2

20 APOLOGETICAL NARRATION
separated from the civil, and so the marches ridd betwixt the civil
and ecclesiasticall judicatories. Some were appointed by the Par
liament 1567, to conferrwith the commissioners of the Kirk, but I
find no effect nor conclusion as yet.
THE SECOND COURSE : OF BISHOPS, SUPERINTENDENTS, AND COM
MISSIONERS FOR PROVINCES.
Mathew, Earle of Lennox, holding a Parhament in Stirling in
August 1571, when the Queen's faction possessed the castle and
towne of Edinburgh, the Superintendent of Fife inhibited Mr John
Douglas, rector of the University of St Andrews, who was pre
sented a litle befor to the Bishoprick of Saint Andrews by the
Earl of Morton, to vote in that Parliament in name of the Kirk, till
he be admitted and allowed by the Kirk, under the pain of excommu
nication. The Earl of Morton commanded him to vote as the Bishop
of Saint Andrews, under the pain of treason. The Eegent was
killed. Befor the dissolving, John, Earle of Marr, was chosen Ee
gent. About the begining of November, the collectors of the Kirk
were discharged by letters proclaimed at St Andrews to gather
the Thirds, because, as was alledged, ministers stipends were not
payed, nor that superplus which was alloted for the King's House
out of the Thirds. But it was thought that these letters were
raised at the instance of the Earle of Morton, whom Mr John
Douglas had informed, by letter, that the collector wold not suffer
him to uplift certain dueties belonging to the bishoprick. The
Superintendent of Angus, in a prolix letter to his chiefe, the Ee
gent, complained of the inhibition, that nothing be answered to the
collectors of the Kirk, that benefices are conferred and bishops sett
up without advice and consent of the Kirk. La another letter he
complaiheth of the great misorder at the last Parhament, in creat
ing bishops, placeing them, and giving them vote in Parhament
as bishops, in despight of the Kirk, and high contempt of God; the
Kirk opponeing itself against that misorder, seeing the Kirk hath the
power of examination and admission of men to spirituall [offices,] and

OF THE STATE OF THE KIRK. 21
benefices of spiritual! cure, whither bishopricks or inferior benefices.
Lest it should seeme that ministers, out of avarice and ambition,
sought the possession of great benefices, he letteth his Grace under
stand, that the Kirk hath continually suited, in their articles con
sented to, and subscribed by the most part of the nobilitie, that when
any benefices vaiked, having many kirks joined thereto, that all the
kirks should be divided and severally to severall men to serve, every
one at his own kirk; in which mind all that bear office in the Kirk
doe continue. If the dismembering of great benefices cannot be
granted at this tyme, he doubteth not but the Kirk will consent
— that the benefices and offices joined thereto, being conferred ac
cording to the order befor mentioned — to assigne such portion as
may be spared, above the reasonable sustentation of the ministrie
of the kirks of such benefices, to the maintainance of the King's
House and common affairs, till farther order be taken in these mat
ters. The Eegent answered that their meaning was mistaken ;
that their meaning was, and still is, to procure the reforming of
things disordered any way, as far as may be ; that the default is
in this, that the policie of the Kirk is not yet perfect, nor any sort
of conference had amongst godly men, weel minded, and of good
judgment, how the matter may be helped. He sent withall ane dis
charge of the inhibition lately made. The Superintendent of
Angus, at the Eegent's desire, wrot to the superintendents and
commissioners for a meeting, to consult what order shall be taken
for provision to the King's House out of the Thirds, and upon
some matters touching the policie of the Kirk and disposition of
benefices. Upon the 12th of January 1572, or, according to the old begin-
ing of the year, 1571, the superintendents and commissioners from
some towns and kirks conveened in Leith. This meeting is called
in the Eegister a Convention, yet, in the second session, they con
clude it should have the force and power of a Generall Assembly.
They ordain, neverthelesse, that the moderator of the last Assembly
continue till the nixt ordinary Assembly, and that all who were
present at this convention should repair to it also. They confesse,

22 APOLOGETICAL NARRATION
in the third session, they had not tyme to stay, and, therfor, upon
the 15th day, gave commission and power to the Superintendents
of Fife and Angus, Mr WiUiam Lundie of that ilk, Mr Andrew
Hay, Commissioner of CHdsdale, Mr David Lindsay, Commissioner
of Kyle, Mr Eobert Pont, Commissioner of Murray, and Mr John
Craig, one of the ministers of Edinburgh, or any four of them, to
compear befor my Lord Eegent his Grace, and so many of the
Secret Counsell as his Grace shall appoint, in Leith, in this instant
month of January, to conferr and reason upon such heads and
articles as shall be proponed to them by his Grace and the Coun
sell to conclude, conforme to the instructions given them by this
Assembly, and to report their conclusions to the nixt Assembly,
to be insert among the acts of the Generall Assembly.
Morton, Chancellor, William Lord Euthven, Treasurer, and Eo
bert, Commendator of Dumfermline, Secretarie, Mr James Mack-
gill, Clerk of Eegister, Sir John Ballandine, Justice-Clerk, Colline
Campbell of Glenurquhie, Adam, Bishop of Orkney, were nominat
commissioners by the Counsell upon the 16th day of January, to
conveen all or any four of them, with the commissioners nominat
by the Kirk, to treat and conclude anent all matters tending to the
ordering and estabhshing of the Policie of the Kirk, the sustenta-
tion of ministers, support of the King's Majestie's House, and com
mon affairs of the realme, to continue in such order as shall be
agreed upon until his Hignesse' perfect age, or untill the same be
altered or abolished by the Three Estate in Parhament.
The same day the commissioners conveen, and conclude that the
names and titles of Bishops and Archbishops be not altered, nor the
bounds of the old diocies confounded; that ther be an Chapter of
ministers annexed to every metropolitan or cathedral! see; that du
ring the vacancie, the Dean, or, failing the Dean, the next in digni-
tie in the Chapter use jurisdiction in spiritualibus, which the Bishop
might have used; that the Archbishops and Bishops exerce no farder
jurisdiction by their spiritual! function, then the superintendents had
and presently exerce till the same be agreed upon ; that bishops
and archbishops be subject to the Kirk and Generall Assemblies

OF THE STATE OF THE KIRK. 23
of the same in spiritualibus, as they are to the King in temporalibus ;
that they have the advice of six at the least of the most learned in
the Chapter, to the admission of such as shall have function in the
Kirk, and that as many others of the Chapter as please may be pre
sent, and vote at the said admission; that ministers and readers be
planted throughout the reahne ; that ther be readers specially ap
pointed at every special! kirk, where it may be done conveniently,
who, being found qualified by the Bishop or Superintendent, and
entering by the lawfull order of the true Eeformed Kirk, shall minis
ter the sacrament of baptisme, and solemnize marriage after law-
full and orderly proclamation of bannes, as effeirs ; that all common
kirks be disposed as benefices to qualified persons ; that no dispoT
sition be made of any deanrie, provostrie, colledge kirk, or other
benefice, whereunto diverse kirks are annexed, till it be provided
how the ministrie of every one of these several! kirks shall be sus
tained of the fruits of the same kirk, if it be possible, by speciall
assignation of so much yearly stipend as shall be found reasonable ;
that he who shall have the stile, title or place of abbot, prior or
commendator, be learned and well qualified, because he must have
place in Parhament ; that the King's letters commendatory under
the signet being directed to the Archbishop or Bishop of the bounds,
where the abbacie or priorie lyeth, he shall try his ability and
learning, and upon his testimoniall from his ordinar, the person
nominat shall compear before the King or his Eegent, and give his
oath in forme as the Bishop giveth; and because the persons of the
convents are departed this life, the ministers serving the kirks of
the abbacie or priorie shall be the Chapter or assessors to the Com-
mendators in giveing of any infeftments, tacks, rights or dispositions
of rents concerning the living ; that the person admitted commen
dator may be promoved, if he shall be found worthy, to be a sena
tor in the Colledge of Justice, or imployed by the King in the
necessary affairs of the commonwealth ; that, first of all, it be pro
vided how the ministers of the kirks belonging to the abbacie or
priorie shall be sustained of the fruits belonging to the same kirks.
They do not specifie, notwithstanding of all this tryall and exami-

24 APOLOGETICAL NARRATION
nation, whither the person nominat must be a minister or not, but
it seemeth he may be.
Sundry other articles or conclusions were agreed upon, concern
ing the disposition of provostries, prebendaries, colledge kirks,
founded upon temporal lands, or annuells ; as also of chaplanries
of the like foundation for support of the schoolls ; the chapters of
metropolitan and cathedral kirks; the King's recommendation with
licence to choose a bishop ; the form of the edict to conveen the
Chapter for his election ; the testimoniall of the Dean and Chapter
to be returned to the King or his Eegent ; the confirmation, provi
sion and royal assent upon the Chapter's certificat; the King's com
mand to consecrat him ; his oath to be taken befor the King and
his Eegent; the King's restitution of the temporahties; the form of
a letter to be directed to the ordinar, or the see vacant, to the Dean
of the Chapter, in favours of a person to be promoved to an abbacie
or priorie ; the testimonyall of the ordinary returned to the King or
his Eegent; the gift and provision upon the ordinar's certificat;
the forme of the tryall of bursars, and their gift and provision ; the
forme of the oath to be given by the person provided to any bene
fice with cure, at his admission, and of bursars of arte, theologie,
lawes, medicine, at the tyme of their recept into the Universities.
These Articles and formes were considered by the Counsell, and
approved by the Eegent, in the King's name, upon the first of Fe-'
bruary 1571, or, according to the now beginning of the year, 1572.
This gaUimaufrey* made with such haste could not be weeU
made. Here was a fair shew of restoring benefices to the Kirk, but
in effect it was only to put kirk-men in titles, that noblemen might
get the greater security from the titulars of temporal! lands to be
feued by them, ease of their tithes, and pensions to their servants
and dependers ; and therefor was this goodly Policy forged. It had
been good for the spirituall welfare of the Kirk of God, that such
titles had never been hatched, or suffered to keep any life in a re
formed kirk. These bishops of the new forge were called " Tul-
* Galimafre'e, a French word signifying hotch-potch; and, in English, any inconsis
tent or ridiculous medley.

OF THE STATE OF THE KIRK. 25
chane bishops." Tulchan is a calf-skin stuffed with straw to cause
the cow give milk. The bishop served to cause the bishoprick
yeeld commoditie to my lord, who procured it to him.
Edicts were affixed upon the kirk door and abbey gate of Saint
Andrews, upon the Lord's Day, the third of February, by the Earl
of Morton's direction. UponFryday the 8th of February, Mr Patrick
Adamson, discontented because he was not preferred, in his sermon,
made three sorts of bishops, My lord bishop, my lord's bishop, and
the Lord's bishop. " My lord bishop," said he, " was the bishop
in tyme of Poprie ; my lord's bishop is now when my lord getteth
the benefice, and the bishop serveth for a portion, with a title to
make my lord's right sure; the Lord's bishop is every true minister
of the gospell." Mr John Douglas was chosen, notwithstanding
many opposed to the election. George Scott, minister at Kirkaldie,
took instruments that he consented not. Mr Knox, being then re
sident at St Andrews, by reason of the trouble, preached upon the
10th of February in presence of the Earle of Morton, but refused to
inaugurat Mr John ; yea, in open audience of many, he denounced
" anathema" to the giver, and " anathema" to the receiver. After
sermon, the Superintendent of Fife went up to the pulpit, taught
upon the first chapter of the Epistle to Titus, and, after doctrine,
followed the same order that was used in the admission of superin
tendents ; but when the Superintendent demanded if he would not
be obedient to the Kirk, and usurp no power over the same, he an
swered, he wold clame no greater power nor the Counsell and
Generall Assemblie should prescribe. It is likely these Bishops
and the Court aimed at a greater power than was already agreed
upon, and that they looked to obtain at the General Assembly what
they pleased, having sped so weell at the last Convention at Leith.
In that Convention it was aggried, That bishops and archbishops
exerce no greater power and jurisdiction in their spiritual function
then the superintendents, (but mark what follows,) " while [un
til] the same be agreed upon," whereby appeareth farther was in
tended. Mr John Douglas read his answer to every demand out of
write. The Bishop of Caithness, the Superintendent of Lothian,

26 APOLOGETICAL NARRATION
and Mr David Lindsay, sitting on a foorm befor the pulpit beside
him, laid their hands on him, and embraced him in signe of admis
sion. When Mr John Eutherfoord, provost of the Old Colledge, per-
ceaved Mr Knox his repineing to have proceeded from malecon-
tentment, the next Sabbath, in sermon, he [Knox] said, " I have
refused a greater bishoprick nor ever it was, which I might have
had with the favour of greater men then he hath his. I did and
do repine for the discharge of my conscience, that the Kirk of
Scotland be not subject to that order." It is to be observed, by
the way, that Mr Knox was not at the Convention holden at Leith,
nor was not able to travell to Assemblies for infirmity of body.
The Assembly holden at Saint Andrews in March next follow
ing appointed twenty, or any eight of the number, to conveen in Mr
Knox his house, to revise and consider the articles and conclusions
agreed upon at Leith, and to report to the next Assembly ; but we
find no report made nor insert in the Eegister. The Superintend
ents of Fife, Angus and Lothian, were desired by this Assembly
to continue in their jurisdiction without prejudice of the Archbishop,
or, in effect, to assist and help the Archbishop. When Mr Knox
had heard that the Assemblie had continued the Bishop Eector of
the University, notwithstanding of a bill given in by some of the
University, [he] regrated that so many offices were laid upon the
back of an old man, which twentie men of the best gifts wold not be
able to bear ; for he was now a bishop, rector of the University,
provost of the new colledge. This Bishop, indeed, as he was unable
of body to travell, he was unable of tongue to preach ; but little
respect had the Court to the abilities of the person, so that com-
moditie could be reaped by vertue of the title. This Bishop had
neither the health, wealth nor honor he had befor. Morton and
his friends took up a great part of his rent in feus, tacks and penr
sions. Theodoras Beza, being informed of the course which was taken
in Scotland for the erection of the estate of bishops, wrote a letter
to Mr Knox, dated at Geneva, in April 1572, which I know not if

OF THE STATE OF THE KIRK. 27
it came to Mr Knox befor his death, that is befor November, as
it is like it did. La this letter he adviseth him and the rest of the
brethren, as followeth : " As bishops bred the Papacie, so bastarde
bishops, the relicts of the Papacie, will not faill to bring in epicu-
reisme upon the earth. Whosoever, therefor, wish the saftie of the
Kirk, let them bewar of this plague ; and seeing ye have timously
put it to flight in Scotland, I intreat you never receave it again,
howbeit it entice with a pretext of preserving unity, which hath
deceaved even many of the best ancients."
The Assembly, holden at Perth, in August 1572, appointed some
to conferr with those who were at the aggreement in Leith, upon
the heads and articles aggreed upon, and to report, which they did,
with a protestation, to which the Assembly adhered, alse well that
were in commission at Leith, as others. They offend at the names
of Archbishop, Dean, Archdean, Chancellor, Chapter, Abbott,
Prior, and would have the name of Archbishop not used; the
Chapter to be called the Bishops Assemblie ; the Dean, the Mode
rator of that Assemblie, and sicklike ; the names of Archdean and
Chancellor to be changed. As for the functions of Deans, Arch-
deans and Chancellors, Abbots and Priors, they think good some be
appointed to try and give their judgment, how farr the same shall be
extended ; and upon the changing of the names or titles, they con
tinue farder, revising the articles to a farther opportunity, and ad-
hereing to their protestation, that the said heads and articles
agreed upon be receaved only as an interim, till farther and more
perfect order be obtained at the King's Majestie's Eegent and
nobilitie, for which they will presse as occasion shall serve. So
they say they will not stand to that interim during the King's
minority ; and, in effect, they will not stand to any thing aggreed
upon ; for they have not condescended upon the description and
extent of those functions above mentioned, nor their names, and
referr farder consideration of all the heads and conclusions to a fitt
opportunity. So, in effect, they aggree to no interim ; for it wer
absurd to think that they aggreed for an interim to offices or
functions, not yet condescended upon, nor yet their names. In

28 APOLOGETICAL NARRATION
the mean tyme way was given to the now admitted bishop to exerce
his office according to the aggreement; and others after were inau
gurated after the like manner.
Upon the 24th of November 1572, the same day that Mr Knox
was buried, the Earle of Morton was chosen Eegent. Mr James
Paton is inaugurat bishop of Dunkelden, not long after. In
August 1573, the Eegent, in his articles to the Assemblie, craveth
a day to be appointed for the admission of moe bishops.
The Superintendents, notwithstanding, were continued, both
where bishops were placed, and where not placed, howbeit they
desired to be disburdened : for where they were placed, if the
diocie was so large that the Bishop was not able to overtake the
charge of visitation, as in Glasgow and St Andrews, superintend
ents were continued and commissioners appointed for so much of
their bounds as the Assembly limited to them. The Superintend
ent of Fife only was called the Superintendent of Stratherne,
during Mr John Douglas's lifetime, because bis chief charge of visi
tation was in Fife and, after his death again, he was called Super
intendent of Fife.
Sundry complaints was made upon these new made bishops. Mr
John Douglas was delated in March 1573, of old 1572, for admit
ting a Popish priest to minister baptisme, to whom the Superintend
ent of Lothian befor had given certain injunctions, which he had not
obeyed, for not visiting the halfe-year bypast. He answered, he
admitted not the priest till he recanted his Poprie openly in the
kirk of St Andrews. The Assembly enjoineth the priest to satis-
fie the Superintendent's injunctions, and, in the mean tyme, inhi-
biteth him to exerce any office in the Kirk. To the second he
answered, he preached where he visited be himselfe, but might not
visit since the last Assembly, by reason of his sicknesse and infir
mity. In August 1573, he was delated for giving collation of a
benefice, bestowed befor upon a minister to another suspect of
Poprie ; for suffering of the exercise of Saint Andrews to decay ;
for admitting some to function in the Kirk that were unable and
untryed, specially such as came out of Merce and Lothian ; for

OF THE STATE OF THE KIRK. 29
receaving some ia St Andrews who had committed offence in
Lothian; for visiting by others and not by himselfe. He pretended
either ignorance or the season of the year, or referred to the books
of his visitation. He ended his dayes in the year 1574 ; fell down
dead in the pulpit of St Andrews, and never recovered again ;
which is to be observed, for he was the first that was inaugurat
bishop since the Eeformatione. Mr James Paton, Bishop of Dun-
kelden, was delated in sundry Assembhes, for sundry things. In
August 1575, he was suspended for not excomunicating the Earl
of Atholl, a Papist, according to the ordinance of the Assembly.
He confessed he had sett nineteine years tack of thirtie chalder of
victuall of teind, for half a mark the boll, to the Earle of Argyle,
but was willing to have it reformed, either with his favour, or by
processe of law. Further processe against him was continued till
the next Assembly, at the Eegent's request. In March proceeding,
he was delated for admitting one to be reader, who, within twenty
days after, went with a dead corps to the kirk, having his super-
cloth upon him, as was reported. He was commanded to try the
report. George, Bishop of Murray, was delated in March for for
nication alleadged committed with M, and was injoined to purge
himselfe ; wherein he was lingering. Commission was given to some
of the brethren to summond the Chapter of Murray befor them to
try their proceeding, and what grounds they had to give their tes-
timoniall without due tryall of his conversation and literature.
He was a whole winter mumling upon his papers, and yet was not
prompt in the delivery of his sermon. Mr James Boyd was in
duced by my Lord Boyd to accept the bishoprick of Glasgow, the
gift whereof he, being familiar with the Earle of Morton, pur-
chassed for his commoditie. In August 1574, he excused his neg
ligence with his imployment in the temporall affairs of his bishop
rick : he was not so well qualified as need were. Alexander
Gordon, Bishop^of Galloway, was discharged to exerce any func
tion in the Kirk till the Assembly were further advised. Sundry
things were laid to his charge in the Assembly following, in August
1573, to wit, that in the time of the late troubles, he intruded him-

30 APOLOGETICAL NARRATION s
self in the ministery of Edinburgh; refused to pray for the King ;
incited them to rebeUion against him, notwithstanding of his oath of
obedience ; sat in a pretended Parhament to dispossesse him of his
crowne ; gave thanks to God pubhckly for the slaughter of the
Earle of Lennox, Eegent ; had committed sundry heinous offences.
He claimed to the benefite of pacification, which was made at the
ending of the troubles ; but aU which was laid to his charge was
not comprehended under that act. In August 1574, John Brand,
minister ofHolyroodhous, was enjoined, under the pain of depriva
tion, to excommunicat him in case he do not satisfy. La March
foUowing, he submitted himself, excused pairt, confessed or denyed
other pairts. Upon his submission, and, for the Eegent's request,
he was only ordained to confesse his offence pubhckly in the
Abbey Kirk. In August 1575, he presenteth the order of his satis
faction ; he is restored to the liberty of preaching, but standeth
still suspended from the commission of visitation, but is desired to
assist Mr John Eow, Commissioner for GaUoway. Now ye have
seen what manner of men our first Bishops were, and that the
Court Lords aimed at their own commoditie more then any good
pohcie in the Kirk.
Sundry acts were made in the mean tyme for curbing both
Bishops and Superintendents. In March 1573, this article given in
by the Superintendent and ministers of Lothian was approved:
to wit, that the extract of the head of the superintendent's office,
registred in the Book of Disciphne, may be given to the ministers of
every province, that the superintendent's office may be tryed there
by, that as they are found diligent or negligent, they may be con
tinued or changed. In March 1574, it was concluded that the
jurisdiction of bishops shaU not exceid the jurisdiction of superin
tendents, which befor they had or presently have, and that they
shaUbe subject to the discipline of General Assemblies as members
thereof, as superintendents have been in aU sorts ; that no superin
tendents or commissioners to plant kirks shaU give coUation of
benefices or admit ministers, without the assistance of three quali
fied persons, ministers of the province, who shaU give their testi-

OF THE STATE OF THE KIRK. 31
moniaU to the superintendents or commissioners, subscribed with
their hand in signe of their consent ; and, in like manner, that no
bishops give coUation of any benefice within the bounds of superin
tendents, within his diocie, without their consent and testimoniaU
subscribed with their hands, and that bishops within their owne
diocie visit by themselves, where there are no superintendents, and
give no coUation of benefices, without consent of three weeU qualified
ministers, as said is of superintendents and commissioners to plant
kirks. La August foUowing, anno 1574, it was ordained that super
intendents and commissioners found negligent in their office, or not
executing their dutifuU charge, in their visitation and preaching, or
culpable in their life, shaU be punished and censured according to the
quality of their offence, either by admonition, pubhct repentance,
deprivation for a tyme, or deprivation simpliciter, as the Assembly
shaU think good. In August 1575, because it appeared to some
brethren that the long continuance of commissioners in their office
wold breed ambition and other inconveniences, it was thought good,
where able men might be had, that a yearly change be made. In
the decision of questions, it was answered that bishops might not
transport ministers, but with the advice of their Assembly. When
the Eegent, in March 1573, craved some learned men in the minis
try to be placed Senators of the CoUedge of Justice, the Assembly,
after reasoning at length, concluded, That none was able to bear both
the charges, and therefor inhibited any minister to take upon him
to be a senator in the CoUedge of Justice, Mr Eobert Pont only
excepted, who was already placed. He was Ucenced by that Con
vention which was holden at Leith in January 1572; and yet in
August foUowing, he was delated, that, being a commissioner of
Murray, he made no residence in Murray,, visited no kirks these
two years bygone, except Elgin, Innernesse and Forresse, &c.
He aUedged want of leasur ; the truth is, he was distracted with
another charge. At the same Assembly in March preceeding, it
was proponed by the Superintendent and ministers of Lothian,
Whether it be lawfuU by the word of God that the administration
of the word and sacraments, and the ministration of criminaU and

32 APOLOGETICAL NARRATION
civU justice be so confounded, that one person might occupy both
the charges ? It was answered, It was neither agreeable with the
Word of God nor the practice of the primitive Kirk.
The GeneraU Assemblies were moderated aU this tyme, not by
any bishop, except once, to wit, in March 1575, (of old 1574,) by
Mr James Boyd, nor superintendent but once, to wit, the Superin
tendent of Angus in March 1572. At other tymes, ministers, Mr
Eobert Hamiltoun minister of St Andrews, David Ferguson, Mr
Alexander Arbuthnet, Mr Andrew Hay, Mr John Duncanson,
Mr Eobert Pont, moderated.
The GeneraU Assembly, in their humble supphcation to the Ee
gent in March 1574, (alias 1573,) appeaU to his owne knowledge E,
since God blessed this country with the light of the Evangell, the
Kirk appointed not, and, by Act of Parhament, it was authorised that
two GeneraU Assemblies should be holden twice in the year? which
they wold not have aUedged so confidently if it had not been true;
and yet now we misse such an act, and cannot find it extant amongst
the printed Acts of Parhament.
Ye see, then, the first sort of bishops, accepted only for an interim,
had no greater jurisdiction then the superintendents, differed only
in their manner of entry, and that they had vote in Parhament in
respect of their barronie and benefice, which superintendents had
not : So that second course differeth nothing from the first in effect,
but both may be comprehended under the name of " Superintend
ents, and their Jurisdiction also from tyme to tyme Eestrained ;"
so that we may justly say, the government of superintendents, limit
ed and restrained as said is, endured to the end of 1575 years.
As befor, commission was given to consult upon the causes be
longing to the jurisdiction of the Kirk, so during this course also we
find, in August 1573, that some of the CounseU wer to be appointed
to confer with commissioners of the Kirk, upon articles concerning
the jurisdiction and policy of the Kirk. Mark the words, " jurisdic
tion and policie :" so the stable and constant Policie was not yet
concluded. In March 1575, the Assembly appointed some to con-
ferr with the Eegent's commissioners upon the jurisdiction and

OF THE STATE OF THE KIRK. 33
Policie of the Kirk, and to bring an copie of the conference with
them, that aU the provinces may have use of it, to the end they
may be the better resolved when the matter shaU come to publict
reasoning. This Assembly ordained an article to be given in to
them, who reason upon the policie and jurisdiction of the Kirk,
That an law may be made that no bishop be elected to a bishoprick
by the Chapter, befor he give a prooff of his doctrine befor the
GeneraU Assembly, and tryaU be taken by them of his doctrine,
life and conversation ; and in the mean tyme discharged and inhi
bited aU Chapters to proceed to the election of any bishop without
tryaU taken befor of bis doctrine, Ufe and conversation befor them ;
and that thereafter he report his testimonial from the Assembly to
the Chapter. By this one article, the reader may easihe perceive
what is meant by " policy," in the commissions above mentioned,
and that Leith's PoUcy was not established, not so much as for an
interim. La August 1575, John Durie, one of the ministers of Edinburgh,
when bishops were under tryaU, as the superintendents were, accord
ing to the Order, protested, that the tryaU of a bishop prejudge not
the reasons which he, and other brethren of his mind, had to
oppone against the office- No wonder it was that at every Assembly
they were vexed with delations against bishops, seeing the office it
self was not lawful.
Anent the question proponed by certain brethren, Whether, if the
bishops as they are now in Scotland, have their functions from the
Word of God or not ? or E the Chapters appointed for creating of
them ought to be tolerated in this Eeformed Kirk? For the better so
lution, this General Assembly in August 1575, appointed Mr John
Craig, then minister at Aberdeen, Mr James Lawson, minister in
Edinburgh, Mr Andrew MelviU, then Principal of the CoUedge of
Glasgow, for the one part, Mr George Hay, Commissioner of Cath-
ness, Mr John Eow, minister at Perth, Mr David Lindsay, minister
at Leith, on the other part, to reason and conferr upon this question
and to report their judgment. In the sixth session they reported
their judgment in writ as foUoweth : viz. They think it not expe-
c

34 APOLOGETICAL NARRATION
dient presently to answer directly to the question; but if any
bishop be chosen who hath not such quaUties as the Word of God
requireth, let him be tried by the General Assembly de novo, and
so deposed.
THE POINTS WHEREIN THET AGREE CONCERNING THE OFFICE
OF A BISHOP OR SUPERINTENDENT.
First, the name of Bishop is common to every one of them that
hath a particular flock, over which he hath a peculiar charge, as
weU to preach the word as to minister the sacraments and to execute
ecclesiasticaU discipline with consent of his elders. And this is his
chief function by the Word of God.
Morover, out of this number may be chosen some to have power
to oversee and visit such reasonable bounds besids his own flock,
as the General Assembly shaU appoint, and in these said bounds to
appoint ministers with consent of the ministers of that province, and
consent of the flock to whom they shaU be appointed; also to appoint
elders and deacons in every particular congregation, where none
are, with consent of the people; and to suspend ministers for reason
able causes with consent of the ministers forsaid.
They thought it not expedient to answer directly to the question
for the present, because the Court was set for the state of Bishops ;
yet in their articles they make a bishop no bishop, because they tye
him to a particular flock ; but this office of visitation also was after
thought needless, where presbitries wer constitut. Observe, here,
also the superintendent is joined with the bishop, and the articles
strick at both, and both were removed to the door togither.
Mr Andrew MelviU returned to Scotland in July 1574, before
which tyme the conclusions at Leith wer caUed in question, and
the matter of policie was in hands. Because the former was not
condescended upon, what could he do when he came, but by the
abilitie of his gifts ? he had no power to command the meanest mi
nister, let be to overrule Assemblies.

OF THE STATE OF THE KIRK. 35
THE THIRD COURSE : OF VISITOURS.
The advice and opinion given in by the brethren concerning this
question moved about the office of bishops in the last Assembly, after
reasoning at length upon every article, was approved by the Assem
bly foUowing in April 1576. And to the end the said articles may
be put readUy in execution, bishops who had not received the charge
of a particular congregation wer injoined to condescend what par
ticular congregation every one wold make choice of; and because
the bounds which bishops, superintendents and commissioners of
countreyes had befor were too large, wher thorough discipline was
not duely exercised through lack of visitation, some were appointed
to go apart, and, according to the parts of the countrey designed to
them respective, to make a division of the whole realme into such
bounds as might be commodiously visited by such Visitors as shaU
be appointed by the Assembly. They give in their judgment, and
the Assembly nominated one, two, or three ministers for visitation
of any of the limited bounds as they thought expedient.
The brethren appointed to advise upon their office, power
and jurisdiction, gave in the Articles foUowing which were ap
proved : —
" That he caU the rest of the ministers togither within the bounds
of his visitation ; hold SynodaU Assembhes and be moderator ; try
ministers ; have the oversight of schools, [and he] be tryed by
this Assembly ; propone matters that are to be consulted upon ;
gather votes, [and] declare what is found by votes; have the
oversight of aU the particular kirks within the bounds of his visi
tation and of the ministry thereof; see that every one of the
ministers exercise their own vocation diligently in their own con
gregations ; in the bounds of his visitation, appoint ministers
with advise of the ministry of the province assembled in the Pro-
vinciaU Assembly, at the least, six of the best learned within his
bounds, or, that faffing, of the next adjacent to be chosen in the
SynodaU Assembhes, the cause being there tryed, particular inti
mation being made to his particular congregation to be present,
c 2

36 APOLOGETICAL NARRATION
except some urgent Cause occur that it be necessary to do the
same with short advice, as if the minister committ some notorious
cryme, whereby he cannot longer be detained in his office, in which
case the Visitor may conveen them that are upon the exercise of
that province, and they, with him and the session of the particular
kirk, proceed to suspension, after lawful tryaU. Upon the presenta
tions of patrons to the Visitor, he, with consent of the SynodaU As
sembly of his province, shaU give letters testimoniaU to him that is
presented, lawful impediments being taken away, at the least with the
advice of six ministers within his bounds, or, that faffing, of the next
adjacent, to be chosen in the SynodaU Assembly, provyding alwayes,
that the consent of the flock where he should be appointed be had,
or else a reasonable cause be shewed by them, wherefor not ; and in
caise he hath been a minister befor, that he receive his letters testi-
moniaUs upon the presentation, with the consent or advice of the mi
nisters of the exercise within that province ; and that none give col
lation of any benefice without the bounds committed to hfm by com
missioners from the Kirk. That aU ministers be admonished not to
proceed unadvisedly to excommunicate ; and if difficulty arise there-
anent, that the Visitor and the rest of the country be advised with ;
and sicklike, anent absolution. Where there is not ecclesia bene
constituta, that he traveU to constitut it. That he take heed to the
keeping of the exercise, repairing of kirks and kirk-yards, desig
nation of manses and gleibs, and aU other charges pertaining
ad decorem ecclesice, and granted to the Kirk be the lawes of the
countrey." So ye see neither bishops nor superintendents is acknowledged
any longer ; every minister is a bishop according to Scripture lan
guage ; that the office of a visitor is accessory to the office of the
ministrie only at, and during the pleasure of the Assembly. Bi
shops or superintendents may not visit henceforth so much as a
portion of their former diocie, unlesse it be designed to any of
them as to other ministers by the Assembly. Ye see these visitors
were in effect but constant moderators tyed to Synods or some se
lected associats. In July 1580, it was ordained that in every Pro-

OF THE STATE OF THE KIRK. 37
vinciaU Assembly certain assessors shaU be nominat by theni to con-
curr with the commissioners of the countrey who shaU subscribe with
him in aU weighty and great matters ; and, in October 1576, that
the books of these commissioners and visitors be sighted at the Ge
neraU Assembly. Notwithstanding of aU these cautions and limita
tions, it was declared by the Assembly holden in October 1580 to
be a corruption, and to tend to tyrrany, that such a kind of office as
the office of visitors should stand in the person of one man, which
should flow from the presbitries ; yet because of the state of the
tyme and lack of present order for estabhshing and constituting
presbitries, they suffered that office of visitors yet to stand. It was
thought meet that the Clerk Eegister should be requested to con-
curr with some ministers deput by them to devise a plott for the
constitution of presbytries, and to report their judgment to the next
Assembly; yet in July preceeding, anno 1579, when it was men
tioned by the Synod of Lothian that a generaU order be taken for
erecting of presbytries, where pubhct exercise was used, tiU the
policie of the Kirk be established by law, it was answered, The
exercise may be judged a presbytrie.
This third interim or course of Visitors indured from the begining
of the year 1576 tffl the begining of 1581.
During this course, bishops were urged with two things. One was
to take them to a particular flock, and to quyte other corruptions of
that estate, as they were already found out or to be found. In Aprile
1578, it was ordained that aU bishops and others bearing ecclesias-
ticaU function be caUed by their own names, or " brethren " in tyme
comming. Again, forasmuch as ther is great corruption in the estate
of bishops as they are presently made within this realme, whereunto
the Assembly wold provide some stay in tyme comming so farr as
lyeth in them, to the effect that farther corruption may be brydled,
the Assembly hath concluded, that no bishop shaU be elected or
admitted hereafter, befor the next GeneraU Assembly, discharging
aU ministers and Chapters to proceed to the election of the said bi
shops, in the mean tyme, under the pain of perpetual deprivation.
In July foUowing, this Assembly, aU in one voice, concluded and

38 APOLOGETICAL NARRATION
provided, that the said act shaU be extended to aU tymes to come, ay
and tUl the corruption of the estate of bishops be utterly abolished,
and that aU bishops already elected be requyred particularly to
submit themselves to the GeneraU Assembly concerning the refor
mation of the corruptions of that estate of bishops in their persons,
which, if they refuse after admonition, to proceed against them to
excommunication. In October 1578, the Assembly sett downe the
speciaU corruptions which they craved them to reforme, with promise
that if the GeneraU Assembly shaU afterward find farther corrup
tion, to be content to be reformed by the Assembly, when they shall
be required. The corruptions expressed for the present were, that
they be pastors and ministers of one flock; that they usurp no cri-
minaU jurisdiction; that they vote not in Parhament in name of the
Kirk without advice from the Assembly; that they take not up, for
the maintainance of their ambition and ryotousnesse, of the emolu
ments of the Kirk, which may sustain many pastors, the schools and
the poor, but be content with reasonable livings according to their
office; that they claime not to themselves the titles of temporaU lords,
neither usurp temporaU jurisdiction, whereby they may be abstracted
from the discharge of their office; that they impyr not above parti
cular Elderships, but be subject to the same ; that they usurp not the
power of presbytries; that they take not further bounds of visitation
then the Kirk committeth unto them. La July 1580, the office of a
bishop was damned by a speciaU act, as foUoweth : " Forasmuch as
the office of a bishop as it is now used and commonly taken within
this realme, hath no sure warrand, authority, nor ground out of the
Scriptures, but was brought in by the foUy and corruption of men's
invention to the great overthrow of the true Kirk of God, the whole
Assembly in one voice, after liberty granted to aU men to reason in
the matter, none opponing themselves in defence of the said pre
tended office, findeth and declareth the said pretended office, used
and termed as is above said, unlawfuU in the selfe, as having neither
fundament, ground, nor warrant in the Word of God ; and ordain-
eth, that aU such persons as bruik, or hereafter shall bruik, the said
office, to be charged simpliciter to dimitt, quyte, and leave off the

OF THE STATE OF THE KIRK. 39
samen, as an office whereunto they are not caUed by God : And sick-
like, to desist and cease from preaching, ministration of the sacra
ments, or using any way the office of pastors, whUe they receave de
novo admission from the GeneraU Assembly, under the pain of ex
communication, to be used against them: wherein if they be found
disobedient or contraveen this act in any point, the sentence of ex
communication to be executed against them."
Least any man should think that they damned not the office sim-
pliciter, but the corruptions, he must know that these corruptions
are the very essence of the office; so that to abolish the corruption
of the estate of bishops, is to be abolish the corrupt state of bishops.
For if the name be common to aU pastors, and every one must be
bound to a particular flock, and can claim no superiority over bis
brethren, by virtue of such an office, the bishop is no more a bishop,
as a diocesian bishop is now defined, but every minister is a bishop,
and the Scripture acknowledgeth no other.
In this Assembly it was also declared, that aU coUations or admis
sions that shaU be given by any pretending the style of Bishop shaU
be void in the self, null, and of no effect in tyme coining.
It was declared likewise, that the offices of readers and exhorters
are no ordinary offices in the Kirk of God, and so both bishops and
readers were thrust out.
In Aprile 1576, Mr James Boyd, Bishop of Glasgow, was de
lated for preaching seldome. He confessed he was not so UberaUy
doted * with understanding as others ; that preaching is a gift not
equaUy bestowed on aU ; yet he had preached at Govane and other
kirks, and was wffhng to do his dutie. He was urged to take him to
a particular flock: loath was he to be restricted; at length he made
choise of the kirk of Oswald, and yet attended not. In October
1578, he was urged to submitt himself to reformation of the corrup
tions of his estate, which he was as loath also to do; yet, at last, he
was forced to yeeld. His submission was exhibit in write, in July
1579. Mr Patrik Adamsone, soon after the Eeformation, left his
* i. t>. gifted.

40 APOLOGETICAL NARRATION
flock, and went to other countreyes. After his return, he re-entered
to the ministery. Now when he findeth the bishoprick of Saint
Andrews vacant, he leaveth Pasley, and becometh the Eegent's
minister. He was soon after presented to the bishoprick. Ei April
1577, he was delated, that he had entered in the bishoprick con
trary to the acts of the Assembly ; had usurped the office of visita
tion in Fife, not being authorized by commission, or with power
from the Assembly; and had left his ordinary office of the ministry.
Commission was given, because he was absent, to some brethren to
try him upon these points, to try the Chapter and the Laaugurers,
and to discharge him of farther visitation tiff he be authorised by the
Assembly. He at length submitted himselfe; but in October 1578,
commission was given to some brethren to charge him with the
transgressions committed by him against the tenor of his submis
sion, and to charge him to quyte the corruptions of the state of a
bishop in his person, as they shaU be particularly specified to him ;
and, if he refuse, after due admonition, to excommunicate him. Their
commission was renewed in July 1579, to charge him, de novo, to
quyt the particular corruptions, whereunto he had not yet agreed
in his answer ; likewise to charge him with these offences : First,
That having submitted himselfe to the Assembly, he went imme
diately after and voted in Parhament. Second, That he gave col
lation of a viccarage haveing no power of visitation where the vic-
carage lyeth. Third, That he had agreed to aU the heads of poli
cie except four, and yet opponed to the same in the Parhament.
What were his answers I find not; but I find he submitted. La a
word, aU the bishops were brought under subjection, forced to sub-
mitt, to quyt the corruptions of their estate, and to obey that act
made against bishops in July 1580. In that Assembly, the Bishop
of Dunkelden, who had been deposed befor, for not repairing a tack
made to the Earle of Argyle, was charged to dimit his bishoprick,
and repair the losse of dilapidation of the rents under the pain of
excommunication.

OF THE STATE OF THE KIRK. 41
OF THE SECOND BOOK OF POLICIE.
La the mean tyme, the Assembhes were diligent setting down the
constant poUcie which they desired to be estabUshed. In AprUe
1576, commission was given to some brethren of the ministry to
conveen, conferr and dehberat upon the poUcie; some from the
West to meet in Glasgow ; some for Lothian to meet in Edinburgh ;
some for Fife to meet in Saint Andrews ; some for Angus and
Mearns in Montrosse ; and some for Aberdeen ; and to meet in
severaU companies in the month of June; and to meet, two or one
at the least of each company, in a common meeting at Stirling, to
conferr their whole traveUs, and to report to the nixt Assembly.
La October foUowing, some brethren were appointed to revise their
traveUs, conferr upon things already penned, and other things
which were presently to be given in, and put them in some good
forme. In Aprile 1577, the heads were read pubhctly, and agitat. All
had Uberty to oppone with reason. Such as wold not reason in
publict were directed to resort to the brethren, who had these
heads recommended to their study and search. After reasoning,
some heads were referred to further reasoning ; some, because
obscure, had need of explanation ; some, because prolix, had need to
be contracted, that they might be presented again to pubhct read
ing. Some wer appointed to revise the whoU traveUs taken in that
matter, digest and dispose them in good order ; and, in the mean
time, it was permitted, that if any pleased to reason, that they have
accesse to these brethren. In the tenth session, they returned to the
Assembhe with the heads digested in order, and in one body. AU
that had any argument to the contrary were requyred to propone
the same. Three heads wer only caUed in question, De Didconatu,
De Jure Patronatus, De Divortiis. These three heads were reasoned
upon in utramque partem, — further disputation referred to the day
foUowing. Some brethren were appointed to contract or enlarge
the heads, where it was requisit, yet more accuratly, and digest
them yet in better order. Such as pleased to reason farther were

42 APOLOGETICAL NARRATION
directed to resort to them. The visitors were ordained to intimate
to the barons within their bounds, that such a work was in hand,
and to desire their presence and concurrence at the nixt Assem
bly. They send some to the Eegent, from tyme to tyme, to in-
forme him of their proceedings and diUgence; but he was not weeU
pleased with their platforme. A fast was appointed to be keept
through the whole countrey, and to begin upon the Lord's Day, the
9th of June, to continue and end the nixt Lord's Day. One of the
chief causes [was], that the work of estabhshing a perfect order and
policie in the Kirk, which was presently in hands, might have
good successe.
La October foUowing, it was thought good that the heads of
the policie and jurisdiction, which were read in the audience of
the Assembly, should be presented to the Eegent as agreed upon,
after reasoning among the brethren, except the head De Diaconatu,
with a note that the same is aggreed upon by the most part of
the Assembly without prejudice of further reasoning. Some bre
thren were appointed to present a coppie; and, in case the Eegent
required conference and reasoning, a number were appointed to con-
curr and attend upon advertisment given by the Eegent. Beza's
Treatise of Divine, Humane, SatanicaU Episcopacie, dedicated to
my Lord Glames, ChanceUor, was sett forth in the mean tyme.
The Eegent had no doubt stayed the work, he was so sett for bi
shops and conformitie with Ingland, unlesse the Lord had stirred up
a faction against him. The King is perswaded to take the govern
ment in his owne hand, howbeit, the year sett downe in the act of
the Queen's dimission was not yet come. Morton resigned the
Eegiment upon the 12th of March 1577, or, as we now reakon,
1578. The brethren reported to the Assembly foUowing in Aprile,
that they presented the Book of PoUcie to the Eegent, togither
with the supphcation of the Assembly, and that a day was appoint
ed for conference; but the alteration of authority interveening,
they presented some articles to the King, one of which was for the
Policie. Because some brethren found some difficulty in the head

OF THE STATE OF THE KIRK. 43
De Diaconatu, further reasoning was referred to this Assembly. AU
that had any argument to propone were warned in the fourth ses
sion to be prepared the day foUowing; but then none offered to op-
pone against or propone any argument. It was thought good that
a coppie, after reviewing yet again of the heads, be presented to
the King, togither with a supplication, and another coppie to the
CounseU. In case conference and reason be craved, some are no
minat to conveen with such as shaU be nominat for that effect be
the King and CounseU. Another fast is appointed to be keept in
June. One of the causes was, that God wold put it in the hearts of
the King and Estate, not only to make good lawes for the govern
ment of the reahne, but also to establish such a poUcie and disci
pline in the Kirk, as is craved in the Word of God, and is conceaved
and penned already, to be presented to his Highnesse and CounseU.
Whatsoever should be the approbation of the King and CounseU,
we see the Assembly hath aggreed and approved the Book.
The brethren reported to the Assembly in June 1578, that the
King gave a very comfortable and good answer, that not only wold
he concurre with the Kirk in aU things that might advance the true
religion presently professed, but also wold be a procurator for the
Kirk ; that thereafter he presented their supplication to the Coun
seU; that some wer appointed by the CounseU to confer with some
ministers. That conference was read: little disagreement. By Mor
ton's procurement, the Parhament was translated from Edinburgh
to Stirling, where Morton stayed with the King, with his favourers
and dependers. AthoU and the rest of that faction stayed in Edin
burgh discontented. AU that could be obtained at this Parhament
was a commission to conferr upon the heads of the Book. The com
missioners of the Kirk, who had sought a ratification of the Book,
took this for a shift, because the Book was aUowed befor by those
who were appointed to conferr upon the matter, except in four
heads, wherein was no great difficulty, and which were explained
in the last Assembly. They desired so many, at least, to be
ratified as were agried upon, and a commission to be given to
some to reason upon the rest ; but that was not granted, for Mor-

44 APOLOGETICAL NARRATION
ton was the chief guider of this Parhament. Some noblemen of
the other faction being present at the Assembly, in October
1578, the Moderator of the Assembly, in name of the Assembly,
intreated them for procureing the like, and that none vote in
Parhament, in name of the Kirk, but such as have commission from
the Kirk. A conference was holden in December, in the Castle of
Stirling, by such as the King caUed for ; but, the death of Atholl
intervening betwixt and the nixt Assembly, Morton beareth the
greatest sway^
The King writeth to the Assembly, which was holden in July
1579, upon occasion of some rumours, that they were to treat of
some things which might seeme somewhat prejudiciaU to the eccle-
siasticaU poUcie, long traveUed in and hoped for, willing them to for
bear any proceeding at that tyme, which may touch matters here-
tofor not concluded upon by his laws or receaved in practise ; but
whatsoever in the former conferences, touching the policie of the
Kirk, was remitted to be reasoned and decided by the Estates in
Parliament, so rest without prejudgeing the same by any of their
conclusions, at that tyme ; that he is content, that befor the ap
proaching Parhament, such matters as are not fully reasoned may
be consulted upon, that they may be prepared to passe, in forme of
lawes, at the approaching Parhament. The Assembly understand
ing how that letter was procured, giveth commission to some
brethren to passe to Stirling and present some articles to the King ;
this amongst the rest: That, because, in the late conference holden
at Stirling, at his Highnesse command, concerning the pohcie of
the Kirk, certaine articles thereanent remained yet unresolved, and
referred to further conference, that persons unspotted with such
corruptions, as are craved to be reformed, may be named by his
Majesty, to proceed to a further conference upon the said pohcie,
and tyme and place be appointed to that effect. Here ye may see
what hath hindered fuU agriement hithertiU. A pithie, eloquent,
and prolix letter was penned, to be presented by their commis
sioners to the King, to perswade him to establish by law that
PoUcie which they had drawn, not out of the cisterns of men's

OF THE STATE OF THE KIRK. 45
traditions, but out of the pure fountain of God's Word; which
thing wisely begun in his Highesse name, be his first Eegent of
godly memory, and ordained by the Act of Parhament to be fol
lowed furth, hath been diligently pressed for from time to time,
but especiaU since the acceptation of the government in his own
person ; as yet no furtherance.
La July 1580, they direct their commissioners to the King with
some articles, and this in speciaU, that the Book of PoUcie may be
estabUshed by the act of Privy CounseU tUl a Parhament be holden,
that the same might be ratified.
In October, and the months foUowing, the King caused some
of the CounseU conferr with them at sundry dyets, by their direc
tion and advise, how Presbytries or Elderships may be constitut of
a certain number of paroches lying together, smaU paroches united,
and great divided, for the better sustentation of the ministrie, and
more commodious resort of people to their kirks. There was also
drawne up the forme of a letter, to be written to some of the prin-
cipaU noblemen and gentlemen, and some of the ministers within
the bounds of every eldership, to conveen, advise, and report to
the King their advice in things requyred for this, betwixt and the
24th of June nixt.
But, it is to be observed, that the Earle of Morton's death
was plotted in the mean tyme. He was accused upon the last
of December 1580, and committed to prison upon the 2d of Ja
nuary foUowing. Howsoever, he was either through ignorance,
as himselfe confessed afterward, or induced by the Inglish, to
oppose to the Pohcie which was in hand, yet he was stout and
wise, one of the chief mantainers of rehgion, and a chief instru
ment to set the crowne upon the King's head. The tyme of his
government was esteemed the best that Scotland ever saw. Lest it
should be thought alteration of rehgion was intended in cutting off
such instruments, it was expedient to hearken to the articles of the
Kirk, and please ministers and professors with somthing in the
meantyme. The heads of the Policie are extant in print under the title of

46 APOLOGETICAL NARRATION
the Second Book of Discipline, whereunto I referr the reader, de
siring him to observe, that any bearing office in the Kirk may
not usurp dominion or be CaUed lords ; that the titles invented in
the kingdome of Antichrist, and his usurped hierarchie, ought not
to be suffered in the Kirk of God. They condemne admission of any
to papisticaU titles of benefices, such as have no function in a re
formed kirk, as Abbotts, Priors, Commendators ; as, also, the old
Chapters, Convents of Abbeyes, CathedraU Kirks, and the like ;
Deans, Archdeans, Chanters, Subchanters, Treasurers, Chancellours,
and others having the like titles flowing from the Pope, or Canon
Law ; Diocesian Bishops, their election by Chapters ; that any per
son under whatsoever title, attempt any act in the Kirks name,
either in CounseU or ParUament, or out of CounseU. To be short,
almost every line of the Book condemneth the present course.
Ye may see what pains were taken to search out the true and
durable pohcie which ought to be estabhshed in the Kirk ; that it
was not brought in rashly, without deliberation, but after many
conferences and reasoning in pubhct Assemblyes, and other ap
pointed meetings, (more grave and learned men was there never in
our Kirk then at that tyme) ; that it was not brought in by falshood
or force, but hberty was granted to every man to reason and oppone.
How this course of Episcopacie hath entered, ye shaU see, in the
owne place. We are now to see how this Pohcie was put in practice.

THE FOURTH COURSE : OF PRESBYTRIES ENDURING TILL
THE TEAR 1610.
The Second Confession of Faith, which is commonly called the
King's Confession, was subscribed by the King and his household
upon the 28th of January 1580, or, according to our new accompt,
1581. The first clause of this Confession comprehendeth the first
Confession already ratified in Parhament : so it is not merely ne
gative, but partly affirmative, partly negative ; and the negative
was added for the better tryaU of Papists, and the sincerity of con
verts and professors, in abrenounceing errors. A charge was sub-

OF THE STATE OF THE KIRK. 47
scribed by the King at Halyrudhouse, the 2d of March, and pro
claimed, commanding commissioners and ministers to urge their pa-
rochiners to subscribe this Confession ; to proceed against such as
refused, according to the laws and Order of the Kirk, and to delate
them to the King and CounseU. This Confession was approved by
the GeneraU Assembly, holden in AprUe after, and in other As-
semblyes foUowing ; and by their direction, subscription was to
be required of ministers and professors of aU ranks. La this Con
fession, we professe we detest not only the Pope's owne worldly
monarchic, but also the wicked Hierarchie which is maintained and
defended by him : the CounseU of Trent declared this hierarchie
to consist of bishops, presbyters and deacons. We then professe
we detest the degree and superiority of bishops. Again we pro
fesse we abhorre and detest aU particular heads, as they were then
damned, and confuted by the Word of God, and Kirk of Scotland.
But, so it is, that not only the doctrine sounded from pulpits against
EpiscopaU government, but, also, it was damned in the Book of
Pohcie, agreed upon in the General Assembly, and, by a parti
cular act of the Assembly, holden in July 1580, and in Aprile 1581.
They declare, that by that act, they meant to condemne whoUy
the estate of Bishops, both their spirituaU and temporaU jurisdic
tion. When we promise then solemnly, and swear by the great name
of the Lord our God, to defend the doctrine and the discipline then
approved and embraced by the Kirk of Scotland, according to our
vocation and power, under the pains contained in the law, and
danger both of soul and body in the day of God's fearftdl judg
ment, we promise to maintain the constant disciphne already
agreed upon, and not a temporary or interim of superintendents,
bishops, visitours, which were aU acknowledged to be brought in
for an interim. The PresbyteriaU government was that which
they rested upon, already concluded, and plotts were drawne for
the constituting of them*; sundry of which were erected befor pro
fessors were urged by acts of the Assembly to subscribe this Confes
sion. See Aprile and October 1581.
* i. e. presbyteries.

48 APOLOGETICAL NARRATION
The Laird of Caprintoun presented to the Assembly, holden in
AprUe 1581, the King's letter, containing a commission to concurr
with the Assembly, together with certain roUs concerning the
planting of kirks, and a plott drawn for erecting of Presbytries ;
and the letter which was to be sent to the noblemen and gentlemen
within the bounds of every Presbytrie, to consider what the As
sembly wold have added or diminished in the forme of the letter.
In the instructions given be the King, with advise of the CounseU,
he is directed to signifie to the Assembly that he hath caused, and
yet wiU cause, the conference be keept for furth getting of all
things which may set forward the PoUcie, whUe the same may he
established by law. In the letter which was to be directed to the
noblemen and gentlemen, we have a clear acknowledgment of the
necessity of Presbytries in these words : " It is thought impossible
to attain to any formaU order likely to have continuance to the
posteritie over our whole realme, whffe the ancient bounds of the
diocies be dissolved, where the paroches are thick togither and
small to be united, and wher they are over great and larger bounds,
-to be divided ; and, thereafter, Presbytries or Elderships constitut
for a dusson of parishes, or thereabouts, some more, some fewer, as
the commodity of the country lyeth, when the ministerie and elders
in these bounds conveening may commodiously excercise discipline,
and take order in the affairs of the Kirk, so farr as shaU be ap
pointed, befor the cognition be brought to the SynodaU Assembly."
Some brethrene were appointed to consider the roUs, and plott
given in by Caprintain. After they had reported their judgment,
the Assembly thought good that, without delay, some Presbyteries
be constitut for paterns to such as wer to be erected afterward, viz.
at Edinburgh, Saint Andrews, Dundee, Perth, Stirling, Glasgow,
Air, Eving, Haddingtoun, Dumbar, Chirnside, Linlithgow, Dum-
fermling, and appointed some brethren in severah parts to put
that in execution. It was ordained also, that the Book of Pohcie,
howbeit it had not so good successe as good men wished, that it
might be insert in the Eegister of their Acts for a testimony to
the posterity of their pains and travel.

OF THE STATE OF THE KIRK. 49
Morton suffered upon the 2d of June. After he was out of the
way, the Duke of Lennox began to be troublesome to the Kirk. He
provided Mr Eobert Montgomery, minister at StirUng, a stohd
asse and arrogant, to the title of the bishoprick of Glasgow, vacant
by the death of Mr James Boyd. The brethren of the Presbyterie
of Glasgow were sore vexed for refusing to admitt him. Sundry
offences and erroneous points of doctrine were laid to his charge in
the Assembly holden in October 1581. He was inhibited, under the
pain of excommunication, to medle any farther with that matter.
The Presbyterie of Stirling is ordained to try him in these articles,
which were given in against him, &c. ; yet he persisted and caused
the Presbyteries of Glasgow and StirUng, and the Synod of Lothian,
to be troubled for opposing him or proceeding against him. He
was therefor deprived in Aprile 1582, during the wUl of the As
sembly, and had been excommunicated, if he had not stayed the
sentence by his submission ; yet they gave power to the Presby
terie of Edinburgh to excommunicat him in case he medled any
farther. But notwithstanding of his promises and submission, he
transgressed the injunctions given him, and therefor was excommu
nicated, upon the 10th of June, at the direction of the Presbytery
of Edinburgh. Commission was given in June to proceed against
the Duke in case he intertained him. The King and CounseU de
clared and caused proclaime that the excommunication was nuU ;
but the people abhorred him as an excommunicant.
When the Duke was preparing for a chamberlaine air,* Marr,
Gowrie and others their adherents went to Perth in August, where,
meeting with the King returning from hunting in AthoU, they in
vited him to Euthven Castle, removed such as favoured Lennox,
and the new Earle of Arran, James Stewart, a brother of the house
of Ochiltree, another misguider of the Court. Arran was appre
hended as he was coming to the King. The Duke is forced to depart
out of the country. Some of the Lords, reformers, stay by course
about with the King. Mr Eobert Montgomery seeketh to be re
conciled to the Kirk again.
* Air, an itinerant court of justice.
D

50 APOLOGETICAL NARRATION
The King, much grieved at the death of the Duke of Lennox,
withdrew himselfe from the Lords, and went secretly, upon 28th Ja
nuary 1583, out of Falkland to Saint Andrews, accompany ed with
CoUoneU Stewart ; where he remained tUl such noblemen repaired
to him as he wrote for, and the new Earle of Arran was recaUed.
Mr Patrick Adamson had lurked a long tyme in the castle of St
Andrews, hke a tod in a hoU diseased of a fearful feditie, as he
himself caUed his disease, whereunto he feU through gluttony and
drunkennesse which kythed diverse tymes, and once by filthy
vomiting, beside the Moderator in the Assembly. For the curing of
his disease, he sought help of witches ; but now he becometh whole,
went to the pulpit incontinent, declaimed before the King against
the ministerie, and the Lords that guarded the King lately. He was
warned by the Synod of Fife, apud acta, to compear befor the
GeneraU Assembly holden in October 1583 ; where the processe of
the Presbytry of St Andrews against him and the witch with
whom he consulted, and the processe of the Synod of Fife, were
produced. The process being found orderly deduced, and for con-
tumacie in not compearing, he was suspended from the office of
the ministerie, and farther tryaU was to be taken of his hfe and cor
rupt doctrine. Pretending he was to go to the weU of Spa for the
recovery of his health, he purchased from the King security that,
during his absence, the Kirk should not proceed against him. But
it was his purpose to stay in England under the colour of ambas-
sage, and there to seek the advice of the most corrupt sort he
could find, for the overthrow of the discipline of the Kirk of Scot
land ; for he thought the surest course to keep his benefice was to
use some wicked and indirect deaUing against the Kirk.
The Lords who had possessed themselves about the King at Euth-
ven, and their adherents, wer either induced to take a remission, or
forced to depart out of the countrey. Such as had licence granted
to depart had a time prescribed to them. Gowrie fingered, wait
ing upon the opportunity of taking the Castle of Stirling, which was
intended by Angus, Marr and the Master of Glames. Gowrie was
apprehended and beheaded in Stirling, the 2d of May 1584.

OF THE STATE OF THE KIRK. 51
Some ministers, howbeit no way privie to the enterprize of tak
ing the Castle of Stirling, were certainly informed that they were
to be apprehended without any citation ; because Mr Andrew Mel
vill, compearing in February 1584 befor the Lords of Secret Coun
seU, declined them as judges of his doctrine, and, therefor, was
commanded to enter into Blacknesse ; but he being informed that
his life was sought, conveyed himself into England. Now others,
to eschew violence, foUow after : Mr John Davidson, Mr James
Carmichael, Mr Patrik GaUoway and some others.
In the meantyme our famous ambassadour, Mr Patrick Adamson,
is not idle in England. His carriage there is painted out in the
" Legend of the Limmer's Life." After he had ended his negotia
tion in England, he returned soon after the execution of the Earle
of Gowrie. It was concluded in CounseU, that a Parhament should
be holden, and begun the 19th of May. No intimation was made
befor by proclamation. Such as were privie to it were of Arran's
faction, or such as durst not oppose themselves. The Lords of the
Articles were sworn to be secret. They had but five sessions in
three dayes. The dooers were kept so closse, that none of the
ministrie could find accesse. Dangerous acts were concluded,
which the reader may see extant among the Acts. Mr Patrick
Adamson and Mr Eobert Montgomery satt in this Parhament, as
representing the Third Estate, and gave their voices, forsooth ! to
make themselves Bishops. The King and CounseU, suspecting that
the ministers of Edinburgh wold declaime against the proceedings
of that Parhament, sent a charge to the provest and baiUies, to pull
them by violence out of the pulpit, and to committ them to prison,
in case they did so. The provest and baiUies dryve tyme tiU the
acts wer proclamed. The acts were proclaimed upon the 25th of
May. Mr Eobert Pont, and Mr Walter Balcanquell, took pubhct
documents in the name of the Kirk of Scotland, in the hands of
George Mackeson, that they protested against the said acts.
Mr James Lawson, and Mr Walter BalcanqueU, ministers of
Edinburgh, understanding what charge was given to the provest
and the baiUies, what Arran had threatned, what was intended
d2

52 APOLOGETICAL NARRATION
against them, after consultation with the Presbytrie, with the chief
of their flock, and some barrons and gentlemen dwelling near by,
withdrew themselves and went to England. What letters past be
twixt them and their flock, of which some proved very undutiful,
and no better then enemies, I passe by as too prolix to be insert in
so short an abridgement. Some others fled soon after ; others were
troubled and committed to prison here at home.
The Acts were so agitat among the subjects, and misliked by
good men, that the Court was forced to sett Mr Patrick Adamson,
the chief deviser, on work, to make a Declaration of their meaning
and the King's intentions, and that as in the King's name. This
Declaration came to Ught in January nixt foUowing ; was so greedily
embraced by the Enghsh bishops, reprinted with an odious pre
face ; * and to preserve the memory of it, was inserted in the Conti
nuation of Holinshed, where that being lybeU lyeth as a blurr to
blot their Chronicle. Sundry confutations went current in writ
among men's hands, speciaUy in a dialogue entituled Zelator and
Temporizer, where Palemon decerneth for Zelator. f
Ministers were urged to subscribe obedience to the Parliamen-
tarie bishops, and approbation of the late acts, under pain of the
losse of their benefice or stipend. Many yeelded ; a good number
refused. Sundry reasons were writen by Mr James MelviU, then
remaining after his flight in Berwick, and by sundry others, where
by the brethren were strengthened. The shortnesse of this abridge
ment wiU not suffer me to descend into a particular deduction.
These troubles endured tul the pest began to rage in Edinburgh,
and other chief towns. The people cryed out, that the Lord's hand
wold not be stayed tiU the banished Lords and ministers returned ;
whereupon their friends advertised them to draw near to the Bor
ders ; but there was difficulty in obtaining Ucence from the Queen;
yet, when the Lord EusseU, eldest son to the Earle of Bedfoord,
was slain at a meeting in the borders, between the Wardens, upon
the 26th July 1585, and no redresse could be had, the Queen suf-
* See the Wodrow Miscellany, vol. i. p. 473, &c.
t This dialogue is inserted in Calderwood's History, vol. iv. pp. 295-339.

OF THE STATE OF THE KIRK. 53
fered the banished to return without asking the King's consent. The
banished Lords, Angus, Marr, and the Master of Glames, and the
Commendator of Arbroth, banished long before for other causes, re-
turne to the borders, gather their forces. Maxwell, lately persued
by the Court, joineth with them. They came forward to Stirling.
Arran seeing the Castle wold be rendered, escaped upon the 2d
of November be the bridge. The Lords were receaved into favor,
and a Parhament was appointed to be holden in December for their
restoration. Ministers repair from aU parts to Lirdithgow a Uttle befor the
begining of the Parhament. The sincerer sort sought an abroga
tion of the late acts. The King was so headstrong, that the banished
Lords, notwithstanding of their fair promises in time of their exffe,
pretended it was not expedient to medle in that matter at that
tyme ; they must be first settled in their own Estats, and then they
would work wonders ; the King might be wrought upon afterward
and won, &c. The good Earle of Angus was willing indeed for his
part, but could not find any concurrence ; yet the ministers insisted
with the King. He desired them to sett downe in write what ex
ceptions they had against the late acts. They sett down their ani
madversions as pithy as shortnesse of time wold suffer, which they
presented with a supplication, wherin they craved the ministery
to be restored to their former possessions, as weU of discipUne as of
their places, from which they were displaced by occasion of the said
acts. The King took pains to pen a declaration of the acts with his
own hand, which, when he had dehvered to them, he said should
be as good and sufficient as an Act of Parhament ; yet was it not
sufficient, but rather needed a reply. But the cold winter and
uneasie lodging caused the Parliament hasten to an end.
A conference was holden in February foUowing betwixt some of
the Secret CounseU and some of the Ministery, not of the soundest
sort apparently, such as yeelded subscription; wherein it was aggreed
that Presbytries should be re-estabhshed, but yet that those that
bruiked the title of Bishops should have power to give collation
of benifices, moderate in Synods, visit diocies, with advise of such

54 APOLOGETICAL NARRATION
as should be chosen by the nixt GeneraU Assembly, and after by
the SynodaU, and wher ther are no bishops that ther be commis
sioners appointed having the like power. But in Aprile the Synod
of Fife, which had been intermitted two years by occasion of the
troubled estate of the Kirk, conveened in Saint Andrews, cutt off
Mr Patrick Adamson as a rotten member, by excommunication,
for teaching, notwithstanding that he was suspended by the Gene
raU Assembly, for the notorietie of the offences for which he was
suspended; for impugning the settled order of GeneraU Assembhes
and Presbytries ; for contempt of the Synod ; and for other noto
rious slanders whereof he was to be accused, but refused to un-
derly the tryaU. The Bishop directed a messenger with a com
plaint to the King, and ane appeUation to the King, Estate and
CounseU ; which was learnedly and at length confuted by Mr James
MelviU. The GeneraU Assembly foUowing soon after, which was
holden in May 1586, without examination of their processe or his
appeUation, but for the good hope they had of the King's favour
able concurrence to bind up the House of God, and the promises
made by Mr Patrick in his submission, held the said processe and
sentence as unled, undeduced, and pronounced. Against this forme
of proceeding protestation was made by some of the brethren of
that Synod.
In this Assembly was first seen what fear and flattery of Court
might work among weak and inconsiderat ministers. Much travel,
indeed, was taken by the Court to obtain this, and the subscriving
ministers had not as yet throughly repented. The Bishop, notwith
standing, was odious to the godly, remained suspended, and felt
the weight of the sentence more heavy afterward, not resting upon
this absolvitor.
The same Assembly assented to the conditions sett downe in the
late conference, for the most part, but [except] that in receiving of
presentations and giving conations, the Bishop or Commissioner
shaU proceed with advise of the Presbytery, and other assessors to
be joined to him, or, of the most part of them, till the Generall
Assembly take farther order, that their visitation of Presbytries or

OF THE STATE OF THE KIRK. 55
particular kirks be not prejudiciaU to the Presbytries owne visi
tation ; that they neither admitt nor deprive without consent given
of the most part of the Presbytrie and other assessors to be joined
by the Synod ; that as a pastor of a particular flock, he shaU be
subject as other pastors to the tryaU and censur of Presbytries and
Synods, but in respect of their commission, to the GeneraU As
sembly. But the King could not be satisfied unlesse they were
subject only to the censure of the GeneraU Assemblies, and, there
for, it was yeelded to, untiU farther order were taken by the Gene
rall Assembly ; yet Presbytries were re-estabUshed, time and place
appointed for holding of SynodaU AssembUes. Commission was
given to some brethren to lead processe against a number of these
bishops and commissioners, reserving the sentence till the nixt
GeneraU Assembly ; and it was declared, in the sixth session, that
ther are four ordinary office-bearers in the Kirk set down to us by
the Scriptures — Pastors, Doctors, Elders, Deacons, and that the
name of Bishop must not be taken as it hath been in tyme of
Papistrie, but it is common to aU pastors and ministers.
The mixed government of bishops, or commissioners, and Pres
bytries could not endure long ; howbeit those who had befor been
possessed in the benefice were tolerated stiU to enjoy the same.
But, in the Assembly foUowing, in June 1587, they ordained the
Presbytrie of Glasgow to annuU their admission of one to the
temporahtie of the bishoprick of Glasgow ; and sent a letter to the
King bearing their reasons wherefore they cotdd not consent that
Mr Eobert Pont should accept the bishoprick of Caithnesse, as his
Majesty would have had him, to wit, because that corrupt estate
or office of these who had hitherto been called Bishops was not
agreeable to the Word of God, and had been damned in divers
other AssembUes. It was ordained by this Assembly, that aU
pastors, of whatsoever sort, be subject to the tryaU and censure
of their brethren, as weU of the Presbytries as of SynodaU and
GeneraU AssembUes ; that masters of colleges and schools shaU
receave none of mature age, tUl they subscribe the Confession of
Faith, and communicat, nor promove them to any degree tiff they

56 APOLOGETICAL NARRATION
subscribe de novo, under the pain of the censures of the Kirk. In
their instructions given to such as were appointed by them to at
tend upon the King and the Parliament, they enjoine them to ad
mitt nothing hurtfuU or prejudiciaU to the discipUne of the Kirk,
as it was concluded, according to the Word of God, by the Gene
raU AssembUes preceeding the fourscore four year ; but precisely
to seek the same to be ratified and aUowed, if possible it may be.
Little more could be obtained by their commissioners at the Par
hament, but the first point, to wit, That nothing was done preju
dicial!. The Lords thought they had done a great benefit to the
Kirk in that, that bishopricks, abbacies, and priories, were annexed
to the Crowne ; for, by this means, [it was] thought we should not
be troubled again with the bishops.
Ei the nixt Assembly, which was holden in February nixt fol
lowing, Mr Patrick Adamsone, for that present diseased, was
delated for sundry things, and deprived of his commissionrie, and
Mr Thomas Buchanan appointed commissioner tUl the nixt As
sembly. Commission was given to the Presbytrie of Edinburgh
to summond him before them, to answer for solemnizing the mar
riage of the Earle of Huntly, without subscription to the Confes
sion of Faith, and other offences ; and to censure him. Mr Eobert
Montgomery having satisfied the Kirk, the Assembly findeth he
may be admitted to a flock where he hath not been scandalous,
providing he be found qualified in life and doctrine.
At a convention of ministers in January 1589, or, after the old
accompt, 1588, some were appointed to traveU with the King for
his subscription de novo to the Confession of Faith, now in his
perfect age, and to renew the charge given in his minority to all
his subjects to subscribe of new again, which was also obtained.
A commission was given by act of CounseU, after the Assembly,
holden in March 1590, to some ministers to receave de novo the
subscriptions of noblemen, barrons, gentlemen, and other subjects,
to the GeneraU Band for the mantainance of religion and the Con
fession of Faith, w Inch was put to execution ; and the Confession
of Faith was subscribed by persons of aU estates the second tyme.

OF THE STATE OF THE KIRK. 57
La the Assembly holden after the King's return out of Denmark,
in August 1590, he praised God that he was borne in such a time
as in the time of the Ught of the gospeU, to such a place as to be
King in such a Kirk, the sincerest Kirk in the world. " The Kirk
of Geneva," said he, " keepe Pasch and YuUle. What have they
for them ? They have no institution for them. As for our neigh
bour Kirk of England, their service is an iU said masse in Inglish.
They want nothing of the masse but the liftings. I charge you,
my good people, ministers, doctors, elders, nobles, gentlemen and
barrons, to stand to your purity, and to exhort the people to do
the like ; and I, forsooth, so long as I bruik my life and crowne,
shaU maintain the same against aU deadly." Ther was nothing
heard for a quarter of an hour, but praising of God. and praying
for the King.
At this Assembly it was ordained by common consent of the
whole brethren, that whosoever hath borne, presently bearetb, or
hereafter shaU bear office of the ministrie in the Kirk within this
realme, be charged by every particular Presbytrie, wher they are
resident, to subscrive the heads of the discipUne of the Kirk within
this realme, at length sett downe and aUowed by the act of the
whole Assembly, in the Book of Policie, which is registrat in the
Eegister of the Kirk ; and, namely, the heads controverted be
twixt us and the enemies to that discipUne, betwixt and the nixt
SynodaU Assembly [of the provinces,] under pain of excommunica
tion, to be execut against the non-subscribers ; and that the Pres
bytries which shaU be found remisse and negUgent herein shaU
receave pubhct rebuik from the General Assembly ; and that the
Moderator of every Presbytrie receave from the Clerk of the As
sembly a coppie of the said Book, under his subscription, upon
the expenses of the Presbytrie, betwixt and the first day of Sep
tember, under the pain to be accused openly in the face of the
Assembly. La this Assembly was likewise concluded, as foUoweth :
" Forasmuch as it is with common consent of the whole brethren
of the Assembly resolved, that where the Presbytries are well and
orderly constitut, the yearly election and nomination of visitors

58 APOLOGETICAL NARRATION
over countreyes hitherto customably observed in the Assembly, is
not necessary nor expedient ; the same Presbytries, having esta
blished in themselves a sufficient power, to send out of their own
number some instructed with their commission, pro re natd, to take
order with such things as faU out in their bounds : Therefor, it
is thought meet, and concluded, That the said yearly election of
commissioners over countreys where Presbytries are weU and suffi
ciently constitute, shaU cease in tyme coming. And where befor
the said commissioners did bear the charge to enroU the ministers
and their stipends at the platt, receave presentations, and give
coUations thereupon, designe manses and gleibs, That the said well
constitut Presbytries, every one of them, shaU yearly (ay and while
the necessity craveth) elect and choose out of their owne number
a brother, in name of the whole Presbytrie, for enrolling and ex-
peding their stipends at the platt ; designe manses and gleibs with
in the bounds of the said Presbytry ; and in aU things concerning
the execution of his commission to be countable and subject to the
judgment and censure of the Presbytrie, and that aU presentations
be directed in tyme comeing to the Presbytrie where the benefice
lyeth. Alwise, in admission and deprivation of ministers in
Buchan, Aberdeen, Garrioch and Marre, that Buchan and Aber
deen proceed with mutuaU advise in admission and deprivation of
ministers, and likewise Marre and Garioch ; and in case of variance,
that the matter be remitted to the Assembly."
Some of those that were at this Assembly, have sensyne accept
ed bishopricks : Mr NeiU CampbeU, after Bishop of Argyle ; Mr
Peter Blackburn, after Bishop of Aberdeen ; Mr Patrick Lindsay,
after Bishop of Eosse, now Bishop of Glasgow ; Mr George Glad
stones, after Bishop of Saint Andrews ; Mr James Nicolson, after
Bishop of DunkeU ; Mr George Grahame, after Bishop of Dum-
blane, now Bishop of Orkney ; Mr William Couper, after Bishop
of GaUoway ; Mr David Lindsay, minister at Leith, after Bishop
of Eosse; Mr John Spotswood, after Bishop of Glasgow, now
Bishop of St Andrews.
The King was so vexed with complaints upon Mr Patrick

OF THE STATE OF THE KIRK. 59
Adamson, lying registrat at the horn for debt, and so ashamed of
him, because he was so odious, that he rejected him, and disponed
his hferent to the Duke of Lennox. The miserable Bishop feU into
poverty and sicknesse, and was forced to crave support by Mi-
Andrew Melvill. He sent to the Presbytrie of St Andrews and
desired to be absolved from the sentence of excommunication.
Some brethren were sent to him to try him. He cryed often and
pittifuUy to Mr James Melvill, " Loose me, for Christ's sake." At
their report he was absolved.
Mr John Caldcleugh presented, in his name, to the Synod of
Fife, which was holden in Aprile 1591, his Eecantation in certain
articles. Some were directed to him to crave a more clear and
ample recantation in the vulgar tongue ; which he did, and sub
scribed with his owne hand. * It was read in the GeneraU Assembly
holden in July nixt foUowing.
At the Assembly, holden in July, in respect the greatest part
of the Presbytries had not satisfied the ordinance of the last Ge
neraU Assembly, touching subscription to the Book of Policie, it
was ordained that the former act be observed and put in execution
with the rest, betwixt and the nixt Assembly.
La the Assembly holden in May 1592, it was thought good that
this article be presented amongst others to the King, because of the
approaching Parhament, to wit, That the Acts of Parhament made
in the year of God 1584, against the discipUne and Uberty of the
Kirk, be annulled, and the same discipline, whereof the Kirk hath
been in practice, ratified. The terror of BothweU's remaining in the
countrey; the horror of the fact at Dunnibirsle, yet recent in men's
minds, partly because the Earle of Murray's corps was lying in
Leith kirk yet unburied, partly by reason of pubhct rebuike and
threatning from pulpit; and the better expeding of BothweU's for-
faultrie, procured at the nixt Parliament, farr by the expectation of
the ministry, an act for ratification of the liberty of the true Kirk,
of GeneraU and SynodaU AssembUes, of Presbytries and Sessions;
* See Adamson's Recantation, in Row's History, Wodrow Society edit. pp. 118-31.

60 APOLOGETICAL NARRATION
and of their jurisdiction and discipUne for aU tymes to come ; and
for abrogation of aU acts, statutes and canons, made of before in
the contrair; and that aU presentation to benefices be directed there
after to particular Presbyteries to give coUations thereupon. This
is the first act of the twelth Parhament of King James the Sixth,
and was sent from the King to the GeneraU Assembly holden in
April 1593, as a great gift, as it was indeed, if he had suffered
them still to enjoy it.
At this Assembly, which was holden in AprUe 1593, the names
of aU the Presbytries were given up, viz. DingwaU, KirkwaU,
Thurso, Dornoch, Taine, the Channorie of Eosse, Invernesse,
Forresse, Elgin, Euthven, Bamff, Deir, Innerourie, Aberdeen,
Kincardine, Cowie, Brechin, Arbroth, Meigle, Dundee, Dunkelden,
Perth, Dumblane, St Andrews, Cowper, Dumferling, Kirkaldie,
Stirling, Linhthghow, Edinburgh, Dalkeith, Haddingtoune, Dum-
bar, Peebles, Chirnside, Dunce, Jedburgh, Melrosse, Drumfreis,
Kirkudbright, Wightoun, Air, Eving, Pasley, Dumbartoune, Glas
gow, HamUton, Lanark. These were the townes whereunto the
ministers of the kirks nixt adjacent resorted every week for exer
cise of prophesie, by course, and exercising of discipline. The
seat of the Presbytrie might not be changed without the deter
mination of the GeneraU Assembly, as the act made in October
1581 beareth.
What matters were treated in Presbytries the reader may find
in the first act of the 12th Parhament; or, to be short, they put in
execution the acts of SynodaU and General Assemblyes ; exerced
the ordinar jurisdiction of admitting, suspending, depriving minis
ters within their bounds ; excommunicating, or aUowing, or com
manding obstinat impenitents to be excommunicat, or absolving
the penitent ; of visiting particular kirks vrithin their bounds, re
ceaving complaints from ministers and other members of particular
kirks : what jurisdiction the Diocesian, that is, the bastard Bishop,
had over aU the kirks and ministers of the diocie ; that a company
of pastors, or divine and apostolicaU bishops had over every one
of the number severally, and their congregations committed to

OF THE STATE OF THE KIRK. 61
their charge, consociat togither under that Presbytry, without con-
trolment of any bishop, tUl the Assembly holden at Glasgow 1610 :
Therefor, of necessity, their meeting behoved to be frequent for
exercising discipUne, and so their custome was to meet weekly.
Nor yet was ther any superiority of any one of the number
above the rest; but only priority of order in the person of him
who was to moderate, and only so long as he was to moderate,
that is, for halfe a year, to wit, from their SynodaU Assembly to
the nixt SynodaU Assembly, as was determined in AprUe 1582.
The Moderator was chosen only by the brethren of the Presby
trie, which order endured tiU that pretended Assembly which
was holden at LinUthgow 1606. Visitation of any particular kirk
within the bounds of the Presbytrie was not tyed to the Modera
tor, nor was it thought meet in Aprile 1582, but that the Pres
bytrie direct two or moe to that effect, as they should see expe
dient. Nor was it thought expedient then that the Presbytrie
should be astricted to direct their Moderator to the GeneraU As
sembly as their commissioner; but that they have liberty to send
such of their number as they thought meetest for the weel and
comfort of the Kirk.
SynodaU Assemblyes consisted not of some commissioners from
Presbytries, but the whole brethren of the Presbytries belonging to
any Synod, conveened not in one certain place, but in the place
appointed by the last Synod. After the last Moderator had ended
his exhortation they proceeded to the election of another. These
Synods were holden twice in the year, and had power over the
Presbytries. Every Presbytrie by course was tryed by the rest,
and rebuiked for negligence or commended for their dihgence. E^
any of their number deserved to be censured, he was tryed, sus
pended, or deposed. They receaved complaints upon, or appeUa-
tions from Presbytries, if any were. As occasion required, they
aggreed upon articles to be proponed to the nixt GeneraU Assem
bly, &c. The GeneraU Assembly was holden twice in the year,
tiU the year 1584, and after once, (except in the troublsome times
anno 1584 and 1585,) tiU the 1604th year. The Moderator was

62 APOLOGETICAL NARRATION
chosen at every Assembly. It consisted of Commissioners from
burghs, and shyres, and Presbytries.
Seeing pastors are equaU in power by God's ordinance, that
government cannot be lawfull which brings in superiority of one
above others. Whereas that paritie in power is charged with
anarchie and confusion, it is an unjust imputation, proceeding from
malice or ignorance ; for, notwithstanding of this paritie amongst
pastors considered severaUy, ther is a subordination of deacons to
elders, of elders to pastors ; nixt a subordination and subjection of
sessions or elderships of particular kirks to Presbytries, of Pres
bytries to Synods, of Synods to the NationaU Assembly. Thirdly,
Every pastor is subject to the joint feUowship of pastors in Pres
bytries, Synods, or NationaU Assemblyes. Fourthly, Ther is a
priority of order, in that ther is one to be President or Moderator
in every meeting or Assembly. It is not then loose or single, but
a compact paritie ordered, as said is, that we allow.
This comely order preserveth that paritie which God hath aUowed
to be amongst pastors, considered with respect of one to another
severaUy, and is more convenient for the Kirk of God than the
superiority of Diocesian Bishops. It cannot be denyed, but many
eyes see better then one, either in trying ministers or finding out
of hereticks, or devising remedies for eviUs, or examining delin
quents. Nixt, put the case, the sight of one may be sharper than
of many ; yet many having equaU power are not so easUy corrupted
to pervert discipUne and judgment, as one judging and ruling by
his sole power, or with power by his negative voice to frustrat
the voices of many. One that is a stranger and no kindly pastor
may be more easUy induced to wink at hereticks ; to admitt or to-
lerat unworthy and vitious ministers ; to suffer Atheisme or Poprie
to grow, than a number of pastors watching over their owne flocks.
The zeaU of one stirreth up the coldness of another, and his zeaU is
tempered by the mildnesse of a thud. The contempt of the world
in one beareth downe the covetousnesse of some worldling1. The
grace and gifts of God to diverse persons, like sundry ingredients in
one salve, meet togither and temper one another. It is expedient,

OF THE STATE OF THE KIRK. 63
say politicians, that in Synods or Assemblies, ther be some like
Cato, Appius Claudius, or the like, to correct with their severity
the gentle voices of others. 3dly, WU1 not the kindly pastors be
more carefull and vigUant for the weeU of their owne flocks, than
an idle sheepherd sett over them with a generaU oversight, and at
the appointment of men ? 4thly, Is ther not greater liberty, and,
consequently, sincerer government where men may utter their
minde freely in propounding, reasoning, voting, when aU are of
equaU power, than when one hath power to present others to be
nefices, to give coUation, prefer, transferr ? or, on the other side, to
depresse, vex, and persecut ? 5thly, Is it not more convenient for
the ease of God's people, that causes be pleaded, offences tryed,
and offenders censured, where the offence is committed, without
charges to parties or witnesses, and with expedition, than to trouble
the subjects with travelling to the Bishop, and to stay upon his
tryaU and determination ? 6thly, Is not that government mor con
venient for the Kirk, where no man is exeemed from censur, then
where prelats rule without controlment, either of Presbytries or
Synods, and from whose censur they are exeemed, or of GeneraU
Assemblyes, which are not holden but when it pleaseth them, and
are overruled by them, when they are holden ?
It is often aUedged, that parity is subject to schisme and breed
ing of heresies; but I answer, That may be true, where parity is not
qualified and ordered with the subordination and subjection above
mentioned, but every man is suffered to hve as he Ust ; but where
it is ordered, as said is, experience in our owne Kirk is a sufficient
evidence of the most powerfuU mean to suppresse schisme and
heresie : and that was the reason King James aUedged, to an In-
ghsh divine, wherfor our Kirk was never troubled with heresie ;
" for if," said he, " it sprang up in a paroch, there was ane eldership
to suppresse it ; if it had escaped them, the Presbytrie was ready to
crush it ; if the Presbytry should be neghgent, then the Synod was
to see to it ; if it had not been then suppressed, the GeneraU As
sembly had taken strick order concerning it." But we never heard
that any error was so obstinatly mantained, that it was brought to

64 APOLOGETICAL NARRATION
the censure of a Synod, let be of the GeneraU Assembly, but only
of Mr Eobert Montgomery, and Mr Patrick Adamsone, usurping
bishops, and Mr Thomas Hepburn, who held that the souls of the
faithfuU, after departure, do not enter into the joyes of heaven,
tiU the day of judgment ; yet he was suspended, and after confer
ence with such as were appointed to conferr with him, he corrected
his opinion. The like proof we have in the Kirk of France ; and if
the Eeformed Kirk of the Low Countreyes had enjoyed the liberty
of sett and ordinary GeneraU AssembUes, as the Kirk of Scotland
did, and of France doth, Arminianisme had not gotten head
amongst them. If that extraordinary NationaU CounseU had not
been holden at Dort, in aU likelyhood it had prevaUled. But Epis
copal! government hath bred or intertained schisme, heresie, tyr-
ranny. E a presbyter had hatched a heresie, it was soon suppres
sed, unlesse a bishop had taken the patrocinie ; but if a bishop had
hatched a heresie, or had taken upon him the defence of an heresie
hatched by another, he drew commonly the whole diocie after him,
and so the heresie was spred farr and wyde. Therefor, when the
universaU bishop was sett up, the generaU apostacie foUowed. The
whole world hath been shaken with contentions for preferment of
Bishops, Patriarchs and Popes to their places, so that we may
justly averr, that the superiority of bishops hath been the knife
which hath cutted the strings of concord and peace. The ethnick
Emperors have not been greater persecutors, then lordly Prelates.
If we wUl cast our eyes upon our neighbour Church, there we shall
find Famuhsts, Anabaptists, Lutherans, Arminians, and preachers
themselves, popishly affected; sound and orthodox preachers and
prefessors sffenced, imprisoned, banished, or otherwayes hardly
used. Since the ring of equality among pastors in our Kirk was
broken, and the Uberty of holding Assemblies was reft from her,
a fearfuU schisme hath entered, with obtruding Popish ceremonies.
Poprie and Arminianisme are taught in kirks and schooles, and none
so easily preferred to bishopricks or inferior places, as Arminians
and Popish preachers, which in end wUl draw the whole body to
apostasie and defection, which is more dangerous then schisme.

OF THE STATE OF THE KIRK. 65
THE FIFTH COURSE IS OF THE EPISCOPALL GOVERNMENT WHICH
NOW HOLDETH BT USURPATION AND VIOLENCE.
We shaU first sett downe the occasion of the alteration ; nixt,
the steps and means whereby they ascended to their height; and,
thirdly, their carriages and practices after.
The occasion or irritant cause of the alteration of the Church
Government was not, as is aUedged by many, the blind Tumult
which was raised in Edinburgh upon the 17th of December 1596,
as appeareth by the deduction foUowing : —
The beauty of our Kirk, both for purity of doctrine and order of
discipUne, was become admirable to the best Eeformed Kirks. The
Assemblyes of the faithftdl were never so glorious and comfortable;
the ParochinaU and ClassicaU Elderships, ProvinciaU and Nation
aU Synods never of greater authority then in the begining of the
year 1596; after that the apostat Earles, Angus, Huntly and
Arrol, traffiquers with the King of Spain, were excommunicat, and
at the procurement of the Kirk and Queen of England were, for
their unnaturaU conspiracie with the Spaniard, forfaulted and ex-
peUed out of the countrey. Yea her chief care was, to search out
the sins of the land, abuses, and corruptions, in whatsoever state,
calhng or judicatory, that they may be repented for and amended,
and to advert to the safetie and preservation of rehgion, and the
Uberties of the Kirk, which, at this tyme, requyred opposition to
the re-entry and restoration of those Earles.
Whereupon, in the Assembly holden in the end of March 1596,
were drawne up the corruptions and enormities found in Ministers,
their caUings and conversations ; offences in the King and Queen's
House ; in Courts and Judgment-Seats, and in persones of aU
Estates ; the catalogue whereof, for brevity, I omitt. Upon Tues
day, the 30th of March, they had an humUiation in the East Kirk
of Edinburgh, caUed the Little Kirke, where were present four
hunderth persons, ministers and other commissioners and profes
sors. Within an hour they looked with another countenance nor
that wherewith they entered, being moved with Mr John David-

66 APOLOGETICAL NARRATION
son's exhortations. Such sighs and groans for their sins were
not heard at any other fast since the Eeformation, for any immi
nent danger ; and tears [were] shed in such aboundance, that the
place might justly be caUed Bochim. They testified their entering
in a new league with God, by holding up their hands. E we
compare those times with the present, what need have we of humi-
Uation for our fearfuU revolting, and many grosse sins which durst
not then sett up their head? It was ordained, that the like solemne
humiliation for their sins and neghgence, with protestation to
walk more warrily in their wayes, and more dUigently in their
charges, be observed in the SynodaU AssembUes ; and that so
many as it shaU happen to be absent observe the like at their
Presbyteries : but it was not universally put in execution. Their
care was nixt to advert that the Kirk be not endangered by the
externaU enemie. In their greeves to be presented to the King,
they humbly meant, that to the grieffe of aU good men, the hazard
of rehgion and of the peace of the countrey, the forfaulted Earles
enjoy their lands and Uvings as peaceably, and to their greater
advantage than when they were at his Majestie's peace within the
countrey; and their confederats and friends, partakers and assis-
ters with them and their treasonable attempts, are suffered to have
so great liberty ; never having so much as once entered their per
sons in waird, nor given surety, nor pledges for their good and
dutifuU behaviour, in caise it shaU happen the said rebeUs, or any
other forraigne enemies to repair within the countrey for disquyet-
ing of the estate thereof; as if they had exemption from aU lawes
to strengthen themselves, for strengthening the hands of the ene
mies, when they shaU happen to arrive, as it appeareth to be their
intention, by preparation of forces, and armour, and leagues of
friendship, which they are dayly binding up, &c. And commission
was likewise given to some brethren of the ministery to assemble
themselves, as they should find urgent occasion, to consult, reason
and advise upon, and propone articles to the King for preventing
of all dangers which in aU likelyhood might fall to the state of reh
gion.

OF THE STATE OF THE KIRK. 67
The devUl, envying the happinesse and laudable proceedings of
our Kirk, stirred up both Papists and politicians to disturb her
peace and to deface her beauty. The Papists perceaved that there
was no rest for them in Scotland, if the authority which the Kirk
had, continued. PoUticians feared their craft and trade, which is
to use indifferently aU sorts of men and means to attain to their
owne ends, and to sett themselves up in the throne of Christ, should
be undone. About this tyme, were appointed by the King and Coun
seU eight to be Commissioners of the Exchecquer, who, by the peo
ple, were caUed Octavians, viz. Alexander Seaton, President of the
Session, Mr John Lindsay of Balcarras, Mr James Elphingstoun,
one of the Senators of the CoUedge of Justice, after Lord Balme-
rino, Walter Stewart, Prior of Blantyre, Sir David Carnegie, now
Earle of Southesk, Mr John Skeen, Clerk of Eegister, Mr Thomas
HamUton, the King's Advocate, now Earle of Haddingtoun, Mr
Peter Young, the King's Eleemosyner. To these was committed
the care of the King's rents, propertie and casuahties, because the
King was superexpended through the default of those who had the
charge in former tymes.
Huntly returneth secretly in the month of June, whereof the
King was advertised soon after in July. The Lady Huntly by
her moyen, procured a Convention of diverse of the nobihty and
others, the Earle's speciaU favourers, which was holden in Falkland
in August. Offer was made in his owne name, and it was concluded
that it should be leissum to him to return and remain in the coun
trey, upon the performance of such conditions as his Majesty should
propone to be performed by him; notwithstanding that Master
Andrew Melvill, Mr James Melvill, Mr James Nicolson, Mr Pa
trick GaUoway, Mr David Lindsay, and other ministers who were
present, protested in the contrair, in respect it could neither
stand with the King's credit to propone or hearken to any condi
tions, tiU first it were made manifest that he were out of the coun
trey, as these who suited for him did aUedge ; nor could it stand
with the surety of religion and peace of the country, in respect his
apostacie, which was the ground of the excommunication, or his
e 2

68 APOLOGETICAL NARRATION
conspiracie with the Spainiard, the ground of his forfaultour, were
not yet acknowledged offences by him. Another Convention was
holden at Dumferling in September, wher the conditions wer ag-
gried upon, which were offered to him without consent of the mi
nistery. ErroU returneth the same moneth of September. Diverse
of their friends and favourers vaunted that they had procured al
ready his Majestie's protection and peace, past and subscribed in
CounseU, and that they looked assuredly for advancement to offices,
charge of guards, and Ueutenentries as they had befor.
Some of the Commissioners of the GeneraU Assembly, and some
other ministers Conveening in Cowper, directed some of their num
ber to Falkland to the King, to wit, Mr Andrew Melvill, Mr James
Melvill, Mr James Nicolson and Mr Patrick GaUoway, to crave
that the dangerous enterprises of the enemies might be prevented.
The King seemed offended at their meeting and commission ; but
Mr Andrew Melvill answered, with great liberty and boldnesse,
" Sir, ther ar two Kings and two kingdoms in Scotland ; Christ is a
King, and the Kirk is his kingdom. You are a subject to Christ and
a member of his Church, neither Head nor King. The spirituall
office-bearers to whom he hath committed the government of his
Church, hath power and warrand to conveen, which you ought not
to controU or discharge, but assist. Sir, when you were in your
suadling clouts, Christ reigned freely in this land, and in despite
of the enemies the office-bearers had their meetings. Their meet
ing hath been steadable to you, when the enemies were seeking
your destruction ; and yet, now when ther is such a necessity urg
ing them, you vriU find fault with their conveening. The wisdome
of your CounseU, which is devilish and pernicious, is this : Because
the Ministers and Protestants are too strong and control the King,
they must be weakened and brought low, by stirring up a partie
against them, and then -the King being indifferent for both, both
shah see to him, and so he shall be weU served, grow in grandeur
and attain to his purpose. But this wisdome may prove foUy, and,
in serving both, you shaU lose the hearts of both." The King at
last settled, and dimitted them pleasantly, promising, that howbeit

OF THE STATE OF THE KIRK. 69
the Estates had Ucenced them to make their offers, they should not
be receaved tiU they wer out of the countrey again, and offer what
they wold, they should get no grace at his hand, tUl they have sa
tisfied the Church. They were suffered, notwithstanding, to re-
maine and traveU with their friends for reconciliation.
The Commissioners of the GeneraU Assembly and Commissioners
from diverse Synods, conveened at Edinburgh upon the 20th of
October, as was appointed befor at Cowpar. It was thought ex
pedient, that a number of commissioners be appointed for every
quarter of the countrey ; of which number one for every quarter
shaU have ordinarie residence in Edinburgh monthly, by course, to
communicat such advertisements as shaU be directed from diverse
parts of the countrey, and to consult upon the most expedient in
every case. Mess. Eobert Bruce, Eobert Pont, David Lindsay,
James Balfour, Patrick Galloway, Walter BalcanqueU, ministers
within the Presbytrie of Edinburgh, were appointed to conveen
alwayes and ordinarUy with them. This meeting was caUed the
CounseU of the Kirk. From this Convention likewise were sent
to the Presbytries informations of the dangers arising from the re
turning and remaining of the forfaulted Earles ; and for remedies, the
ministers were desired to make the professors sensible of the dan
ger, to keep a pubhck humiliation the first Sabbath of December,
to urge an amendment in aU estats, beginning at themselves, to
intimat solemnly in aU their kirks the excommunieation of the
apostat Earles, to proceed with the censures of the Kirk summarly,
upon one citation, against such as intertain any seerecie with them,
or take any deahng for them, quia pemclitatar salus ecclesiae et
reipublicce. November was appointed to be the first moneth.
Upon the 9th day of November, these who conveened directed
Mess. David Lindsay, Patrick GaUoway, James Nicolson, and James
Melvill to the King, to desire his Majesty to declare what it was
that moved him to take so hardly with the ministers, and to pro-
pond their greevances. Upon the 11th of November, they re
port to the brethren the King's answers : That there could be no
good agreement betwixt him and the ministers tiU the marches

70 APOLOGETICAL NARRATION
of their jurisdiction were redd ; that they should not speak of the
affairs of State or CounseU in pulpit ; that the GeneraU Assembly
should not be conveened but by his authority and speciaU com
mand; that Synods, Presbytries, and particular sessions, medle
with no causes whereupon his laws strike, but fornication and such
like slanders ; that he wold be satisfyed touching these and such
like heads. As for answer to their greevances, That he had granted
nothing to the excommunicat Earles, but that which his Counsell
and Estates thought needful for the peace of the realme, and upon
condition that they satisfy the Kirk ; that the Lady Huntly who
was to come to the baptisme of his daughter, was a good discreet
lady ; Papists may be honest folks ; his mother was a Papist,
and yet ane honest woman ; that the Lady Livingstoun should
satisfy the Kirk, or else not come near to his daughter, but he could
not refuse to concredit her to the Lord Livingstoune. And that
they replyed, That the free rebuik of sin, without respect of per
sons, was warranted by God's Word ; that ministers speak alwayes
reverently of his Majesty, but could not spare the enemies, nor
deaU with any favourable deaUing used toward them ; that the dis
cipline of our Kirk was estabhshed, after many conferences, upon
evident grounds of the Word of God, by bis Majestie's lawes and
Acts of Parhament, and use and practice foUowing ; that his Ma
jestie should not have permitted any favour to be granted to the
forfaulted Earles, tUl they had been out of the countrey, and that all
these tokens of favour shewed to Papists moved good men to sus
pect his Majestie ; that if the Lady Huntly come to the baptisme,
the pulpits could not but sound against it ; that the committing of
his daughter to the Lady Livingstoun's custody would be esteemed
a speciaU pledge of his Majestie's favour to Papists.
When the Brethren heard this report, they perceaved clearly
that the overthrow of the liberty of Christ's kingdome was intend
ed, and were glade that the King had uttered his mind so plainly.
They thought meet that the Presbytries should be advertised, and
brethren exhorted to study diligently the grounds of the discipline,
and advertised, not to reason upon the articles which shaU be sent

OF THE STATE OF THE KIRK. 71
to them from the King, tiU the brethren of the CounseU were ad
vised ; for they feared to caU in doubt the undoubted DiscipUne of
Christ's Kirk. Here ye may see the alteration of the Discipline
was intended befor the 17th of December; and I have heard, that
the King had a roU of the names of such ministers as he purposed
to preferr to bishopricks before the falling furth of the 17th day.
The same day, the 11th of November, they wer certainly in
formed, that Mr David Black, minister at St Andrews, was to be
charged to compear before the King and his CounseU for some
words uttered by him, in some of his sermons in the moneth of
October last bypast. The day foUowing, the brethren above named
were directed to the King to understand what wer the doubts and
questions his Majesty said, he had to propone touching the bound
ing of the office and caUing of the ministery ; and to advertise his
Majesty that it was hardly taken, that the ministers of God's
Word should be charged and troubled upon calumnies and triffling
delations, when, in the meantyme, the enemies of the truth were
favoured and overseen.
They reported, the 15th day, that they had gotten no good
answer, because his owne minister, Mr Patrick Galloway, had said
to him in privat conference, that the Kirk gott but fair words and
promises without effect, but the enemies got the deeds. Yet the
same brethren, Mr Patrick excepted, were directed again to in
sist earnestly upon this point, That the common enemy be taken
order with, befor any controversie be intended against the Kirk
or any of the brethren ; otherwayes, to let him understand that aU
the world wold say, Nothing was intended but to benefite the
enemy and to trouble the Kirk. The King answered, He thought
not much of that matter, only let Mr David compear, and, if he
be innocent, purge himselfe in judgment ; but take heed ye decline
not my judicatorie ; for if you do so, it wUl be worse. The bre
thren, notwithstanding, conveening upon the 17th day, perceav-
ing the drift of the King and CounseU was, by this preparative, to
draw ministers' doctrine under their censure and controhnent ; and,
remembering that sundry declinatures of this nature, given in be-

72 APOLOGETICAL NARRATION
for by good brethren, were forgotten or denyed, because they were
only verbaU, resolved upon a declinature in writ, fortified by good
reason, and to be subscribed by themselves with Mr David, be
cause the cause was common. Mr David compeared, and gave in
his declinature upon the 18th day. Upon the 20th day it was
thought needfuU that a coppie of the declinature be sent to every
Presbitrie, to be subscribed by aU their members, together with
a letter, requesting them to return it subscribed befor the first of
December, or, with aU possible diUgence, with any of their most
wise and faithfuU brethren, who were able to assist them in so
weighty matters, and withaU desiring every one to study diligently
this question, and the whole pointes of the discipline ; for certainly
Satan was to make an onsett on this hedge of the Lord's vineyard,
that he may thereafter destroy and waste the plants thereof at his
pleasur. Dihgence was used in gathering subscriptions, so that in
short space the hands of about four hunder were put to it. None so
diligent as Spotswood, now Bishop of St Andrews, howbeit even
then he reveaUed to the King aU their counsells and proceedings,
either by himselfe or by a courtier with whom he was famUiar. He
was the only suspected or known Judas among the ministery at
that time. Ther were some others hke Hazael, that understood not
their own hoUow hearts tiU time discovered them.
Upon the 24th of November the Commissioners of the Generall
Assembhe, being for the most part present, and informed that they
were to be charged to depart off the towne, with advise of the Coun
seU of the brethren, resolved, seeing they were conveened by war
rant from Christ and his Kirk, in so dangerous a time, to see that
the Kirk receaved no detriment, to stay, notwithstanding of any
charge, so long as it should be found expedient. Yet it was
thought expedient to direct Mr David Lindsay, Mr Eobert Bol
lock, and Mr James MelviU, to the King, to show him what great
inconveniences might ensue, he entering in hard deaUing with the
Kirk, and dischargeing the Commissioners of the GeneraU Assem
blie ; to beseech him to desist from all persute of Mr David Black,
and all controversies arising thereby till order were taken with the

OF THE STATE OF THE KIRK. 73
common enemy, and a GeneraU Assembly convocat for deciding of
aU controversies, and answering to aU his greeves and questions ;
and to move him to consider the danger wherein the countrey
standeth, by Papists banding themselves togither, associating to
themselves diverse clannes, preparing armor and horse, &c. They
reported the day foUowing his answer, That he was sorry that
matters should have so faUen out betwixt him and the Commis
sioners; yet if they would passe from the declinature, at least make
a declaration that it was not generaU, but particular, and used in
that cause of Mr David Black, being a cause of slander pertaining
of right to the Kirk, he wold passe from the summonds, and aU
persute of Mr David. Whereupon diverse formes of a declaration
were devised, but [they] could not find one which they thought
wold content the King. In end, they condescended upon this offer,
that if his Majesty wold passe from the summonds of Mr David
Black, and sett downe an act of reference of all persute of the
said Mr David, and cease from charging of ministers for their
preaching, tiU a lawfull GeneraU Assembly were convocat, they,
on the other part, would take up the declinature, and cease to Use
the same tiU the said Assembly. The brethren directed to the
King report, upon the 27th day, how they had spent much tyme
in reasoning with his Majestie, but could not aggrie, unlesse the
Commissioners wold passe from the declinature, and cause Mr
David Black answer and acknowledge their judicatory; but they
wold not undertake it.
Upon the same day, the 27th of November, Mr David Black
was of new summoned with proclamation and sound of trumpet,
at the crosse, for speeches uttered by him in his sermons, within
these three years last bypast. Because that sometymes barons
and others satt with the ministers, aU the leidges were discharged
likewise by proclamation to assemble themselves at the desire of the
ministers, Presbytries, or other ecclesiasticaU judgments, under
pretence of assisting them in their defence, being accused of any
cause, crime, or offence, or when they repair to any judgment seat,
or otherwise, without his Majestie's licence. Ther wer also letters

74 APOLOGETICAL NARRATION
given furth, upon an act of Secret CounseU, chargeing the Commis
sioners of the GeneraU Assembly to depart out of the towne within
the space of twenty-four hours after the charge, and dischargeing
them to conveen any where else. The Commissioners conveen
immediately after, and laid the proclamation open befor the Lord,
the judge and revenger of such odious imputations as they wer
burthened with, in these proclamations, and the charge and usurpa
tion of supream authority over the Kirk. They ordained such as
were to occupy the pulpits to deaU mightily, by the Word, against
the said proclamation and charge, and to use such arguments as
might flow from such grounds as they laid downe to them.
Upon the 29th of November they resolve to give in some arti
cles to the King, and CounseU, the day foUowing, which was the
dyet of Mr David's compearance ; wherin they clear themselves of
those odious imputations, and crave action to be stayed tiU a law-
full GeneraU Assembly should be convocat. They thought it also
expedient, in respect of the new UbeUed summonds, a new decli
nature be formed and used by Mr David in bis owne name, and in
name of the rest of the ministery.
Upon the 30th day, the hour approaching, the Commissioners
appointed Mr Eobert Bruce, Mr Eobert Pont, Mr Eobert EoUock,
Mr David Lindsay, and Mr Patrick GaUoway, to present their ar
ticles and to assist Mr David in his action. The rest were exercised
in the meantyme, tiU their returne, in confessing their sins, which
had procured such trouble, that with penitent hearts and earnest
motion of the spirit, they might now pour out their prayers to the
Lord. The brethren returning about hah0 hour to one, reported
that some had entered in communing with them, and had conde
scended upon some grounds of agriement ; that the Commissioners
for the. King's part wer to traveU with his Majestie against after
noon, and they wer to traveU with the Commissioners. One of
the grounds whereupon they condescended was, that they should
take up their declinature, and the CounseU their summonds, and
use a form of protestation. Afternoon, seeing no appearance of
agriement, and the CounseU sitten down, the second declinature

OF THE STATE OF THE KIRK. 75
was given in, wherein Mr David adhered to the first, and fortified
it with moe reasons. The articles above mentioned were also pre
sented. Mr David was wonderfuUy assisted with courage, wisdome
and utterance, and also the brethren who were appointed to assist
him, namely, Mr Eobert Bruce. The King and CounseU, notwith
standing, past to the interloquitor, and found themselves Judges,
competent to aU the parts of the libeU except one, which concerned
the rehgion of England ; so scrupulous were they to medle with
matters spirituaU and ecclesiasticaU. The brethren after their re
turn to the rest, who were excercised in the meantime as before
noon, reported what had past. It was thought meet that the doc
trine be directed against the interloquitor, as a strong and mighty
hold sett up against the freedome of the GospeU, and to give thanks
to God for the unity of spirit among themselves.
Immediately after the dissolving, the Treasurer and Provest of
Edinburgh craved conference with Mr Eobert Bruce and Mr Eo
bert EoUock, Mr James Nicolsone, and Mr James MelvUl. They
report, that his Majesty, notwithstanding of the interloquitor, meant
no extremity against Mr David ; but for entertaining of peace with
the Kirk, he wold pardon him, providing they wold bring him
downe to his Majestie, and cause him declare the truth in aU the
points UbeUed. After deUberation, they answered, E it were Mr
David's owne particular or hurt that were in question, or danger,
or of any other of the brethren, his Majestie's offer wer thankfully
to be accepted ; but it was the Uberty of the GospeU which was
greevously wounded in the discipUne thereof, by the proclamations
made upon Saturday last, and now in preaching of the Word, by
usurping the judicatory therof ; that if the King had taken his
life, and of a dusson [dozen] moe, he wold not have wounded the
hearts of the brethren and people more deeply, nor have done
such injury to Christ. They could no wayes be content unlesse
these things were retreated and amended, but wold oppone to
such proceedings with the extreame hazard of their Uves. The
messengers taking up the weight of the matter were much moved,
and returned to the King with their answer.

76 APOLOGETICAL NARRATION
The day foUowing a gentleman of the King's Chamber came
timously to one of the brethren, and desired the bent of the doc
trine might be stayed that day, not doubting but bis Majesty wold
satisfie them. It was answered, The edge of the doctrine could not
be blunted without evident appearance of amendment of wrongs;
yet he went downe to the King accompanied with another brother,
who returned and reported his Majestie's mind and offers, to de
clare his meaning concerning the two proclamations and the inter
loquitor. The brethren rejoiced not a little ; sett downe his offers
and mind in writ, amending some points ; and sett downe the arti
cles and grounds of agreement, that his Majesty might see if they
wer agreeable to» his meaning. The brethren who were directed
found him weU content with the articles in effect. He said, he
wold agree to the abohshing of those two acts which wer pro
clamed, and not suffer them to be imbooked. Farder, of his owne
accord, [he] offered to writ to the Presbytries, and to satisfie them
concerning the interloquitor, receaving from them a band of duti-
fuUnesse in their doctrine, on the other part. As for Mr David
Black, let him come downe and declare his conscience concerning
the hbeU befor Mr David Lindsay, Mr James Nicolson, and Mr
Thomas Buchanan, and thereafter he should be content to do what
they thought meet. When they went downe after noon with Mr
David they found the King changed. He directed Mr David
Lindsay to crave of Mr David Black, that he wold compear befor
the CounseU, and there eonfesse an offence done to the Queen at
least, and so receave pardon. Mr David refused aUutterly, lest
so doing, he should seem to acknowledge them judges of his ser
mons, or to approve their proceedings to be lawfull ; [they] having
summoned and admitted ignorant and partiaUy affected persons,
lying under the dangers of the censures of the Kirk, at his pro
curement, to be witnesses, notwithstanding of most ample testi-
monialls of Provest, BaiUies, CounseU, Session of the Kirk, the
Eector, Dean of Facultie, Principalis of the CoUedge, Eegents,
and whole Members of the University, his dayly auditors, wer
produced for him, but rejected; but if it wold please his Majestie

OF THE STATE OF THE KIRK. 77
and the CounseU to remitt him to his lawfull and ordinary judge,
the EcclesiasticaU Senat, he should depone the truth willing in
every point, and underly their censure or ordinance, if found
guffty. The King went to CounseU : Mr David not compearing,
the depositions of the witnesses wer read, the points of the lybeU
found proven, and the punishment referred to the King. The
acts above mentioned, the interloquitor and whole processe were
registrat. The doetrine sounding after the old manner, the King craved
conference again with the «ame brethren. After long reasoning,
they returned to the articles and grounds of agriement, and ther
wer produced a forme of declaration upon the proclamation ; a
declaration anent the charge ; and a missive to the Presbytrie of
Edinburgh anent the interloquitor. These brethren, after they had
caused diverse things to be amended, receaved them to be com
municat with the Commissioners, and other brethren awaiting upon
their returning. The formes and declarations, being considered by
the Commissioners and CounseU [of] the brethren, were not found
sufficient to repair the injuries done, but rather ratified the same.
Other formes and declarations wer devised, and the missive to the
Presbytrie of Edinburgh, as also their act of dutifull obedience.
Sundry conferences past betwixt the King, or some Councillors, and
the three brethren above named, but without successe : for upon
Wednesday, the 8th of December, the three above named reported
to a frequent assembly of brethren come from diverse provinces,
joining with the Commissioners, 1. That, anent the forme of a
letter sett downe by the brethren which his Majestie should send
to the Presbytries, bis Majesty, in presence of the CounseU, refused
to accept it, because it imported an indirect annulling of the inter
loquitor. 2. Anent the act of the Presbytery of Edinburgh, it was
not thought sufficient ; because it contained not a simple band of
not speaking against his Majestie and CounseU, but Umited with
certain conditions which wold ever come in question, and turn again
to the controversie of the judicatory. 3. The formes of proclama
tions penned by the brethren were refused, because they imported

78 APOLOGETICAL NARRATION
a plain retreating of the former proclamation and acknowledging of
an offence. 4. Touching Mr David Black, his Majesty would no-
wayes passe from the interloquitor pronounced in his cause, nor.
suspend execution of the same tUl a GeneraU Assembly ; but, the
punishment being in his wiU, he wold declare it in private to the
brethren, which was transportation or suspension for a space. But
that they answered, They could not agree to that, for the reasons
above rehearsed. That in end his Majestie craved to be resolved
[of the truth] of certain speeches uttered by him ; to wit, " that
the treachery of his heart was disclosed, and that aU Kings were
the devU's bairns ;" that Mr David should choose seven or eight
of twenty or twenty-five of his auditors, indifferent men, whose
names shaU be given him, that by their deposition, he may be re
solved; but that Mr David in the mean desist from preaching.
That they answered, They had no commission but to urge the ac
ceptation of the formes which the brethren had devised, but they
should report the answers to their brethren.
Upon the 9th of December, after the report of the thrie brethren
was heard, the Commissioners and the rest of the brethren, per-
ceaving that ther was nothing but driveing off time, and the common
enemies, in the mean time, to compasse their intentions, thought
it no wayes expedient to use any further communeing, but to direct
some to his Majestie, to let him know how they had humblie sought
redresse of the wrongs done to Christ and his kingdom of late by
that charge, proclamation, interloquitor and processe against one
of their"most faithful brethren ; how they had been most willing to
have condescended to any conditions of peace and agreement, tiU
the wounds which Christ's kingdom had receaved might have been
throughly cured, to the intent both his forces* and the Kirk's autho
rity might be sett against the common enemies ; but seeing they
were disappointed, that they were free of what should ensue ; but
faithfull pastors could not, without treason against their spirituaU
King, abstain from fighting against such proceedings with that
* That is, His Majesty's forces.

OF THE STATE OF THE KIRK. 79
spiritual armour which was given them, potent in God for over
throwing these bulworks and mounts erected for the sacking of the
Lord's Jerusalem.
Upon the 10th of December, Mr David is charged to passe, with
in six dayes, north, and to remain be-north the north water tUl his
Majesty declared his wiU, under the pain of rebeUion and putting
of him to the home.
Upon the 11th of December, the Commissioners were certainly
informed that ther was a great number of missives written, and
ready to be directed through the countrey for caUing a Convention
of the Estates and of a GeneraU Assembly, the tenor whereof
foUowes :
" We greet tou well,
As We have ever carryed a speciaUe good wUl to the effectuating
the PoUcie of the Kirk, whereanent We have oftentimes had confer
ence with the pastors and ministerie ; so We and they, both resolving
now in end that the whole Order of the said PoUcie shaU be particu
larly condescended and agreed upon, for avoiding sundry questions
and controversies that may faU out thereanent, to the slander and
danger of rehgion, We have for that effect appointed as weeU a Ge
neraU Convention of our Estates, as a GeneraU Assembly of the mi
nistery, to hold here in Edinburgh upon. the 5th day of February
nixt to come, to treat and resolve anent aU questions standing in
controversie or difference between the CivU and EcclesiasticaU judg
ment *, or any ways concerning the pohcy and externaU government
of the Church. And therfor wUl We effectuaUy desire and request
you that ye faiU not, aU excuses sett apart, to be present at our
Convention the day and place foresaid precisely, to give your best
advise and opinion of that matter, as ye tender the effectuating
thereof, the weeU of reUgion and estate, and wUl show yourselfe
our dutifuU and weU affected subjects. Swa we committ you to
God's protection. From Halyrudhous, the  day of December
1596." * Here, and also near the foot of page 73, " judgment" is evidently a mistake for
" judicature," or " jurisdiction."

80 APOLOGETICAL NARRATION
Here the reader may more clearly perceave that ane alteration
of the estabhshed government was intended befor the 17th day of
December, and that not only the marches of the jurisdiction, CiviU
and EcclesiasticaU, were sought to be ridd, but the order of the
Pohcie and Church government was to be caUed in question. How
beit, afterward, nothing was pretended but the restraint of free ap
plication of doctrine, and nfinisters' vote in Parhament to vindicat
them from poverty and contempt, because otherwayes strong oppo
sition was feared.
Upon the 14th day of December the Commissioners of the Gene
rall Assembly exhorted the ministers of the Presbytrie of Edinburgh,
as they wold answer to God and his Kirk, in so necessary and
dangerous a time, to caU befor them such persons of highest rank
as are known or may be found to be malicious enemies, and to pro
ceed against them to excommunication.
The same day, the charge given out befor against the Commission
ers of the GeneraU Assembly was proclaimed with sound of trumpet,
and put in execution. After advisement, they thought it lawfull to
them to disobey such an unlawful charge, but not expedient, and
needlesse, seeing after their departure out of the towne, others might
succeed and so the work might proceed; and so resolved to depart,
committing the cause to God, and the diligent care of the Presby
terie of Edinburgh. But fearing that the heavy tentation of poverty
might prevaiU with the weaker sort, and draw them on to subscrive
a band which might captiously import the King and CounseU's
power to judge of ministers' doctrine ; because the King had profess
ed the day befor, that such as would not subscribe should want
their stipends ; they thought it requisit to send to every Presbytrie
a declaration of their proceeding, and with the declaration their
letter. The minuts of tlieir proceedings I have already sett downe.
In their declaration, they writ plainly, that they were insisting with
his Majesty to kythe in action against the forfaulted Earles; [that]
he was induced to convert his whole actions against the ministrie
with greater intention than he could be moved against the adver
saries this long tyme, that so they might be driven to desist from

OF THE STATE OF THE KIRK. 81
prosecuting of their sute against the Papists, and to employ them
selves whoUy in defence of the freedom of preaching and discipUne;
that the restraint of the freedom of the spirit in the rebuke of sin,
was the principaU butt aimed at in this whole action ; because the
mysterie of iniquitie which hath been intended, begun, and is going
forward, (whether the purpose be to thraU the GospeU by injunc
tions, or by a poUcie equivalent to injunctions, or to bring in hberty
of conscience, or, if it draw deeper, in Papistrie, which is to be
feared for many reasons, and wUl be reveaUed in the owne time),
being such as cannot abyd the Ught of reprehension, the only ad
vantage of their cause is thought to stand in extinguishing the Ught,
which might discover the umawfuUnesse thereof, that so they passe
forward in darknesse without aU chaUenge, tUl the truth wer over-
throwne. And because that impietie dare not yet be so impudent
to crave, in expresse termes, that sin be not rebuked, it is sought
only, that his Majesty and CounseU be acknowledged judges in
matters civU and criminaU, treasonable and seditious, which shaU
be found uttered by any minister in his doctrine, thinking to draw
the rebuke of sin in King, CounseU, or their proceedings, under
the name of one of these crymes, and, that way, either to restrain
the Uberty of preaching, or to punish it under the name of some
vice by a pretence of law and justice ; and so, be time, to bind the
Word of God, that sin may go forward with Ufted up hands to the
highest. Ye see then what was the controversie betwixt the King and the
CounciU, and the Ministery. The King wold have the Ministers to
hear the offers by the forfaulted Earles, that they might be reconcUed
to the Kirk. The ministers urge, on the other side, that they be re
moved out of the countrey again, and that he do the duty of a ma
gistral., as becometh him, for their treasonable conspiracie; the par
don whereof he confessed in the begining was above his reach. Their
offers imported conference, but no conversion or acknowledgment
of any offence ; nor were [they] made in sincerity, as the event prov
ed. This could not be obtained : therfor the pulpits sound against
such as favour them, as become faithfull watchmen to discharge
F

82 APOLOGETICAL NARRATION
their dutie in so dangerous a tyme. PubUct rebuke of pubUct and
crying sins was thereupon caUed in question, and the estabhshed
discipline ; and so they were driven from the offensive to the defen
sive part. The ministrie craved but only the tryaU of ministers in
the first instance, for apphcation of doctrine to the rebuke of cor
ruptions and public offences, as they ought to have by the Word
of God, and practises in former tymes. But it was refused. What
sins did reigne in the land, the catalogue drawn up in the last
Assembly can bear witnesse : A flood of bloodshed overflowing the
land, and deadly feuds arising thereupon ; adulteries ; incests ; un-
lawfuU marriages and devorcements, aUowed in judgment ; oppres
sion ; blasphemie ; universaU neglect of justice, both in civil and
criminaU causes ; remissions for blood, adulteries, incests ; no execu
tion against the adherents of the detected enemies, nor the enemies
themselves, by imploying their Uvings for resisting of the Spaniard,
or other forreigne enemies, whose invasion was feared ; at the same
time, the odious murther at Dunibirsle not punished, &c. Had they
not reason then to blow the trumpet, and forewarn the people of
God's judgments ? And now, when the chief enemyes, forfaulted for
an unnaturaU conspiracie, were suffered to returne and remain in
the countrey, with hcence, had they not reason to fear danger to re
ligion, and to insist, as they did ? Were [it] not for the free re
buke of sin and free exercise of discipline, what had been the case
either of Kirk or Commonwealth ? The wyld bordermen stood in
greater awe of the Presbyteries excommunication nor of letters of
horning. I know a nobleman confessed, that he was more affrayed
for the Presbytrie's officer nor the officer of amies.
Therfbr, upon the 16th day, he [the King] sent for the four
ministers of Edinburgh. But Mr Eobert Bruce refused to enter in
any farther communing, tiU the Commissioners of the Generall
Assembly were recaUed by as pubhct and honest a proclamation, as
it was unhonest and calumnious, (so he caUed it,) whereby they
were charged to depart. The Secretar, after advisement with the
President, promised it should be so.
While they were thus under communing, ther was an intention

OF THE STATE OF THE KIRK. 83
to charge twenty-four of the most zealous professors, burgesses of
Edinburgh, to depart out of the towne, speciaUy such as did watch
in the night for the safetie of their pastors. For some of the Cubi-
culars, envying the Octavians, who had gotten the manageing of the
King's rents, whereby they were disappointed of great pensions,
advertised the ministers to be upon their guard night and day ; and,
on the other side, gave the like advertisment to the chief of the
Octavians to keep their gates shutt : And so oyl was cast upon the
flame which was already kindled. The chief Octavians wer Presi
dent Seaton, Sir James Elphingstoune, Mr Thomas HamUton, the
King's Advocat, and Secretar Lindsay. The chief Cubiculars were
Sir George Home, after Earle of Dunbar, Sir Patrick Murray, and
his brother David Murray, afterwards Lord Scoone, both brethren
of the house of Balvard.
Upon the 17th day of December the charge was execute upon
one of the twenty-four. Mr Walter BalcanqueU, being advertised
befor he went to the pulpit, laid forth befor the people the whole
proceedings betwixt the King, and the Octavians, and them ; and,
according to the warrant he had of the Kirk, he requested the
barons and gentlemen who wer present, and others weeU affected, to
conveen in the Little Kirk, and to consult how the imminent dan
ger to rehgion may be averted. After they were conveened, Mr
Eobert Bruce had ane exhortation, and laid forth the present dan
gers ; and, thereupon, desired those who were present to hold up
their hands, and swear to the defence of rehgion which was then
presently professed. Thereafter, they directed two noblemen, Lords
Lindsay and Forbesse, two barons, Barganie and Blairwhan, two
of the towne baiUies, to the King, with certain articles, for redres
sing of wrongs done to the Kirk, and preventing of imminent dan
gers. Mr Eobert Bruce was desired to accompany them, and pro
pone the matter. Hearing that the King was come up to the Tol-
booth, they went to him and found him in the Upper house. " Sir,"
said Mr Eobert, " The barons, gentlemen, and brethren presently
conveened, apprehending the danger imminent to religion by hard
dealhng against the ministry, and zealous professors, have directed
f2

84 APOLOGETICAL NARRATION
some of their number to your Maj esty ." " What appearance is there
of danger," said the King ? " The burgesses best affected to reh
gion," said Mr Eobert, " are under communing, charged to depart
out of the towne ; the Lady Huntly is intertained at Court ; and
ther is vehement suspicion that her husband is near at hand."
u. But what have ye to do with that ?" answered the King, and
with that parteth from him, drawen, as appeared, by the President
and others who wer about him. They returne to the rest, who
were in the meantime exercised in hearing the Word read, and
reported thus : " We went to his Majestie as ye desired us, but
wer not weU accepted, nor our greivances receaved, and so ye
have to consider what is next to be done." It was thought meet
to reserve their greivances to a better tyme, and, in the meantime,
to knitt up a covenant with the Lord, to stand to their profession
and defence of the good cause, to their last breath ; wherunto
aU agreed, and testifyed their agreement by holding up their
hands. Ther was a great applause of the multitude which was
present. Mr Eobert Bruce required sUence, and to behave them
selves quietly, for the reguard they had to the cause. WhUe they
were proceeding, a cry cometh from the streets to the Kirk door,
with these words : " Save yourselves, ther is a tumult in the gate."
Another cry went through the streets, with these words : " Ar
mour ! armour !" I heard a nobleman, a counseUour, affirme, that it
was one suborned by the Cubiculars who came to the door, and
after went to the streets, and raised the cry ; but who it was, it is
not yet knowne. The people in the Kirk, apprehending that there
was a fight among parties, leap to the streets. The greater number
of burgesses, being at home in their houses, sent out to enquyr what
the matter meant. They heard that their ministers were invaded,
and the cry went through the streets, that their ministers were
slaine ; whereupon they run to the street in annes. The barons and
gentlemen who were in the Kirk accompanied Mr Eobert Bruce
to his lodging, and after went to their owne, purposing to return to
the kirk-yard; for they feared also the ministers invasion. The rest
of the ministers went to the streets to try ; the barons and minis-

OF THE STATE OF THE KIRK. 85
ters return to the church-yard, caU for Mr Eobert Bruce, and report
to him, that there was a great disorder among the people through
a false alarme, and no man could perceave what was the ground of
the fray. They aU lament the case, send for some of the magistrats,
and desired them to pacifie the people, running some one way,
and some another ; some to the Kirk, thinking their ministers were
invaded or slaine ; some to the Tolbooth door, thinking the King
had been slaine ; then two or three cryed at the Tolbooth door,
which was shutt, for three of the Octavians, that they might take
order with them ; another cryed, " The sword of the Lord and of
Gideon." The King sent likewise a charge to the Provest and BaU-
lies to stay the tumult. The people, at the command of the ma
gistrats, went home to their owne houses, and put off their armour.
La the meanwhffe, the magistrats were doing their office. The King
sent down the Earle of Marr and the Lord Holyroodhouse, to the
barrons and ministers conveened in the church-yard, with many
fair and plausible speeches; but some hot speeches past betwixt
my Lord Lindsay and the Earle of Marr. The barrons and minis
ters went into the Little Kirk again, satt downe, and directed the
same Commissioners, for the most part, who were directed befor, to
shew his Majesty, that they were greived at their heart for the
tumult, and to beseech him to provide some remedy for the present
evills. The King seemed to be weU-pleased, willed them to sett
downe their petitions in writ to the CounseU, and promised a rea
sonable answer. Soon after, the Lairds of Cesfurd, Traquair, and
CoUoneU Stewart, wer sent to them to put them in expectation
that aU should go weU. Whereupon they dissolved with publict
thanksgiving to God for his gracious providence, disposing such
an accident after such a manner, that no man had receaved harme,
and that the people retired so peaceably to their houses, at the
voice of the magistrats. My Lord Forbesse, Barganie, Blairwhan,
and Faudownside, were directed with thir articles ; to wit, re
quests that such Octavians be removed as favoured the excommu-
nicat Earles, and wer authors of aU the present troubles in the
Kirk ; that the excommunicat Earles be commanded to depart out

86 APOLOGETICAL NARRATION
of the countrey, befor any of their offers be heard ; that the Com
missioners of the GeneraU Assembly be recaUed by pubUct pro
clamation. The Commissioners when they came to the outer court of the
PaUace, hearing that the King was in a rage for the dishonour done
to him (as he apprehended) that day, separated themselves, and
left their commission undischarged.
The King went the day foUowing to Linlithgow. AU that wer
not ordinarie inhabitants in Edinburgh wer commanded to depart
out of the towne. The members of the Session were warned to be
ready for removaU, and to sitt where they should be advertised, at
the nixt proclamation. The magistrats were commanded to search
and apprehend the authors of that heinous attempt. Some of the
citizens wer committed to sundry wairds. The ministers of Edin
burgh were commanded to enter in the castle of Edinburgh, because
the King's wrath was kindled hottest against them, and the chief
Octavians might use them at their pleasur. After advice with some
others of the ministers, they thought it expedient to withdraw
themselves tUl the present fury were mitigat. But for aU the dili
gent examination which was made for many dayes, no ground could
be found of any conspiracie against the King, or any other; only
after the tumult was raised, one or two cryed to have some of the
Octavians, abusers of the King, to take order with them, for which
words they were fined. E ther had been any intention to do harm
to any man, what could have hindered them to have put their pur
pose in execution ? There was no partie in readiness able to with
stand them.
Ye see then, the Tumult upon the 17th day of December was no
just cause to move the King to alter the government of our Kirk,
nor to wrong the whole Kirk for the fact of one particular kirk ;
howbeit their fact had been grounded upon bad intentions. Nor is
it leissum to Kings to thrust Christ's government to the door for
the faults of men, and bring in what formes they please. But as
ther was no just occasion given, so that tumult cannot serve so
much as for a pretence, seeing, as I have already discovered in the

OF THE STATE OF THE KIRK. 87
preceeding discourse, the alteration was intended befor the 17th of
December. Upon the 20th of December, Mr Patrick Galloway was sent for
to come to Linhthgow, but was not suffered to come near the King.
The King sent to him a coppie of the band, whereof we made men
tion befor, to be subscribed, which other ministers were also to be
urged to subscribe, under the pain of losse of their stipends. But
he, and others after him, refused for many reasons.
The Questions, whereof mention hath been made befor, came to
Ught in print soon after, fifty-five in number ; and the Convention
of the Estates and Ministery wer appointed to be holden at Perth,
upon the 29th of February, for consulting upon and determining
the spirituaU jurisdiction of the Kirk, as weU in appUcation of doc
trine, as her whole poUcie ; yet in aU the Questions, the maine
point of the poUcie, to wit, the superiority of bishops, was coa-
ceaUed, howbeit chiefly aimed at.
The Synod of Fife, holden at Cowper upon the 8th of February,
ordained every Presbytrie within their bounds, to direct two of
their number to meet at St Andrews, the 21st of February, to
conferr and resolve with common consent upon the most sohd an
swers to these questions. For strengthening of the brethren, they
directed also some brethren to traveU with the King for deserting
of that Convention which was to be holden at Perth, or at least
for continuation tUl the ordinar Assembly, which was to be holden in
Aprile ; and to shew to him that no Presbytrie hath power to give
commission to any of their brethren to caU in question, or put in
doubt the determinations and conclusions of the GeneraU Assem
bly : as also to request his Majestie to relax the ministers of Edin
burgh from the home, and restore Mr David Black to his owne
place. They sett downe instructions and limitations for the Com
missioners, which wer to be sent from their Presbytries to Perth,
in case the dyet were keept. The Presbytrie of Edinburgh, and
other Presbytries did the like.
The brethren appointed by the Synod of Fife mett at St An-

88 APOLOGETICAL NARRATION
drews, and resolved upon answers to the Questions. Others also
took pains, and among the rest Mr Patrick GaUoway.
The brethren of the ministrie repaired to Perth upon the 29th
of February, but moe out of the North than wer wont to be seen at
any GeneraU Assembly. Great pains were taken by courtiers and
craftie poUticians to divide them in factions. They complain to the
ministers be-north Tay, that the ministers of the South wer severe,
undiscreet, arrogant, and usurped the government of the whole ;
commended the ministers of the North for men of better disposition
and greater discretion; and doubted not, if they wer acquanted
with his Majestie, they should see, in short tyme, aU matters
brought to a good point. Sir Patrick Murray, the diligent apostle
of the North, made their acquaintance with the King. They got
accesse late at night and timously in the morning. The chief of
these laboured upon others that came from the North. La end, they
began to look bigg on their brethren ; found fault with the minis
ters of the South, speciaUy the " Popes of Edinburgh," that they
had not handled matters weU, that they had almost lost the King.
Yet the sincerer sort of the ministery, howbeit grieved at such
speeches, stood to then: instructions, both privately and pubhctly, in
such sort, that the holding of the Assembly was delayed for two or
three dayes. In end, Mr James Nicolson is brought by Sir Patrick
Murray to the King. After conference tiU midnight, when he was
to ly downe beside Mr James Melvill, his bedfeUow, he repeated
some of the King's speeches, mixed with threatnings and insinua
tions. " I perceave," said he, " the King wUl wraik both himselfe and
the Kirk, unlesse our matters be better looked unto, and that we
yeeld so farr as we may, rather than lose aU." Mr James perceav-
ing him to be farr changed, ansuered, He saw no better resolution,
•than as they had done in former tymes, to seek to God by prayer,
and to discharge their duty faithfully, committing the event to
. God, to whom the cause belongeth. As for himself, by the grace of
God, he should never yeeld to any thing contrary to the Word of
God, and to that which we had sufficiently warranted by the Word,
and professed so long with such comfortable fruit. " E we passe,"

OF THE STATE OF THE KIRK. 89
said he, " especiaUy at this tyme from the least point, it wiU shake
us loose, disarme us of the trust we have in the equity of our
cause, and break that unity whereby we have stood so strong to
this hour."
At length the ministers wer urged by Sir Patrick Murray, in
the King's name, to resolve whether they wold hold Assembly or
not. Mr Peter Blackburne, minister at Aberdeen, maintained
that they might; Mr James Melvill that they could not. The
brethren, for the most part, inclined to Mr James MelvUle's opi
nion ; but, by the persuasive speeches used by Mr James Nicolson,
and the King's authority joined withal, some were induced to
assent. Commissioners from eight Presbyteries voted that meet
ing could not be holden for a GeneraU Assembly. The Commis
sioners from the Presbytries of Fife protested plainly that they
disassented from that forme of proceeding, or whatsoever should
be concluded in that pretended Assembly. Commissioners from
eleven Presbyteries aUowed it for an extraordinary GeneraU As
sembly. Upon this point began the renting of the ministery.
Such as were sett to satisfie the King in matters to be proponed,
wUl have it to be an Assembly extraordinar ; because, otherwise
they could not have power to conclude or make any acts, or do
any thing in prejudice of the established discipUne, or acts of for
mer AssembUes. The other sort acknowledged the meeting to be
lawfuU, and that they come for obedience to his Majestie, to hear
what his Majesty wold propone, and answer in form, as they saw
expedient, but not as having the power of a GeneraU Assembly,
but rather to remitt the finaU answer to the Assembly. It was
a meeting of the ministry only upon the King's missives sent to
them. Others than ministers ought to be members of a Gene
raU Assembly, according to the acts and practice of our Kirk.
And whereas the Moderator of the last General Assembly used
to begin with his exhortation and prayer, befor a new Moderator
were chosen, here Mr David Lindsay, minister at Leith, a man
that was gratious to the Court, by the instigation of the Court,
intruded himselfe in the office of Moderator without election,

90 APOLOGETICAL NARRATION
wherupon proceeded disorder and confusion. The Clerk was not
chosen, and taken sworn according to the order. It is not then
sufficient to prove it a GeneraU Assembly, because a number at
that meeting — few moe than the disassenters — arrogated that power
and authority; but the nature of the meeting must be tryed by
the acts and order of the Kirk.
The King's Commissioners craved the decision of thirteen arti
cles only, for the present remitting the decision of a great number
of the printed questions to a better opportunity. Some brethren
wer appointed to conferr upon the thirteen articles, and to report
their overture and advice to the Assembly. Their advice was ap
proved, but after altered, through pretended haste, and otherwayes
conceaved and sett downe in the Eegister. No reasoning was had
in publict. So the apphcation of doctrine to the pubhct rebuke
of sin was restrained. No minister shaU be chosen to any princi
pali town without his Majestie's consent. Some were appointed to
treat upon the rest of the questions, and to report their advice to
the nixt Assembly. The tyme and place of conveening was referred
to the King. Commission was given to the Presbytrie of Murray
and Aberdeen, with concurrence of some brethren nominat to that
effect, to insist with the Earl of Huntly, and to report his answers
to the conditions and articles which wer given them in commis
sion for his tryaU. The like course was taken for Angus and ErroU.
These to whom the commission was given, were the men that fa
voured the Earles most. Notwithstanding, they knew ther was no
sincerity in their deaUing, and so the event proved. It was a
great mercy of God that no mor evU was done, if we consider the
carriage of matters at that meeting. Mr Eobert Bruce had with
drawn himself befor out of the countrey. Mr Andrew Melvill
was detained by the choosing of the Eector of the University of
St Andrews, which feU forth at that tyme, and apparently was
foreseen by them. Mr James MelvUle was present ; but when he
perceaved the beginnings of a dangerous defection, and under
standing that sundry were directed from the King to deaU with
him, and to bring him to him, [he] withdrew himself secretly. Mr

OF THE STATE OF THE KIRK. 91
Thomas Buchanan acted his part honestly, when the King sent
for the ministrie to repair to the place, where he and the Estates
were conveened to reason upon the articles, but feU off befor the
nixt Assembly. Howbeit, the ministrie repaired to the place, where
the King and Estates are conveened, at the King's desire, to conferr
with them upon the articles ; yet they refused to make one As
sembly with them, or to submitt any matter ecclesiasticaU, either
concerning doctrine or discipUne, to their judicature, but returned
to the place of their owne meeting, to reason and resolve upon aU
points ; and yet ther was no reasoning in pubhck, but only among
those who wer appointed to go apart and advise upon them.
This Assembly, if I might so call it, and the AssembUes fol
lowing, were farr different from the preceeding AssembUes. Befor,
the spirituaU office-bearers appointed tyme and place of meeting ;
after, they wer appointed when and wher it pleased the King.
2. Before, they wer directed by the Word ; after, by the King's
letters, commissions, or speeches. 3. Before, matters wer proponed
in simpUcity of heart, and brethren wer directed to seek hght out
of the Word by conference, meditation, and prayer : courses after
wer plotted first in the King's Cabinet ; and accordingly aU means
used for execution, and impediments removed. Every man is
observed, and either commended or censured : this man is the
King's man, an honest man, a discreet minister, a peaceable man;
he goeth this way : that man is seditious, brain sick, factious; he
reasoneth in the contrar. 4. Before, matters were discussed at
length pleasantly, without controlment, and the whole number ac
quiesced ; now, if a man that standeth for the truth insist and
cannot be stifled, with a frivolous distinguo, the King himselfe,
when he is present, must faU upon him, bear him downe, and put
him to sUence. 5. Before, the common aime at God's glory and
the weeU of the kirk, the presence of such as were learned, zeal
ous, holy, powerfuU preachers, procured good order and reverence
to the Assembly ; now, the Prince's presence or purpose is only
reguarded : an honest man is taunted or mocked either by gesture
or speech. 6. Men of best gifts befor, had free accesse, and their

92 APOLOGETICAL NARRATION
gifts wer imployed ; but now, plotts are laid, how none shaU have
place but such as wiU serve to their purpose. 7. [Before,] matters
wer put in dehberation, and to voting freely and indifferently;
now, nothing is suffered to be agitat in pubUck, but that which the
King's men are sure to carry away with plurality of voices ; and to
this end the catalogue of the Commissioners' names must be viewed,
that they may know who will vote with them, and who against
them ; and when the roU is caUed the wonted order is not observed,
but, as at this last Assembly, such are first caUed as favour their
course. In a word, the advancement of Christ's kingdome was
sought before ; now, the cheefe care is to frame and conforme the
poUcie of the Kirk to the estate of a free Monarch, and to advance
his supreme and absolute power in aU causes. We shaU have oc
casion to point at more in particular afterward.
Howbeit the ordinary GeneraU Assembly was to be holden in
the next month of Aprile, yet the King wold not delay this meet
ing at Perth in March preceeding. Upon the 27th of AprU fol
lowing, Mr Eobert Pont, Moderator of the last ordinare GeneraU
Assembly, and some few Commissioners out of Lothian, Strathern,
Stirhngshire and Fife, repaired to St Andrews to keep the dyet ap
pointed by the last GeneraU Assembly, expecting far moe brethren,
but were disappointed, because of the late meeting at Perth, and an
other dyet appointed by them. After incaUing upon the name of
God, and humble confession of their sins, which had procured that
desolation, votes and documents of protestation were taken for the
hberty of the Kirk. AU summonds, references, appeUations, were
continued tiU May, the tyme appointed by the meeting at Perth
for the nixt Assembly. So the bitter effects of the late and yet
recent rent soon appeared.
The Ministers of Edinburgh, offering themselves to underly
tryaU for the 17th of December, were relaxed from the home. Their
innocency was tryed in the tryaU and examination of others. Mr
David Black is suffered to return out of his confinement in Angus
to St Andrews. This shew of calmnesse made many the more se
cure, when in the mean time plotts were inlaying.

OF THE STATE OF THE KIRK. 93
The GeneraU Assembly was holden in May after, 1597, at Dun
dee. After that the Assembly was lawfully fenced by the doctrine
of the last Assembly's Moderator, Mr Eobert Pont, the Commis
sioners from Presbytries wer wearied with attending upon Mr Bol
lock's coming, whom the King and his faction intended to have
Moderator. He was a godly man, but credulous and simple, not so
fitt for discipUne and government as for the pulpit and the schooles ;
neither was he made privie to aU the mysteries of the iniquity which
was then in working, but only so farr as the plotters thought need-
fuU. His old Master, Mr Thomas Buchanan, now wonne to the
King's side, tuned and tutored him as he saw it fitting. They
thought the estimation men had of him wold induce many to Uke
of their course the better. Much traveU was taken for his election.
Such ministers as were befor acquainted, brought others of any note
to be acquainted with the King. This was their exercise morning
and evening. After that terrors and threats were carryed to Mr
Andrew MelvUTs ears, to drive him in a manner out of the toune,
the King sent for him. After some rough conference betwixt
them, the King dimitted him cahnely.
Mr John Davidson, minister at Salt Prestoun, directed a letter to
this Assembly, wherein he certified them in his owne name, and
in the name of the rest of Christ's faithfuU ministers, that if any
act did passe prejudiciaU to our Christian hberty, agreeable to
God's Word and the lawes of this realme, that, by God's grace,
he wold stand by the protestation made by himself before, ver-
baUy, at the last GeneraU Assembly holden in Edinburgh.
The Convention of the ministers conveened lately at Perth was
acknowledged for an extraordinary GeneraU Assembly. Notes in
forme of declaration of his Majesty's, and Perth Assembhe's mean
ing of some of the articles then concluded, were receaved as suffi
cient, notwithstanding of the opposition of many brethren. An
swers wer given to so many other of the King's other Questions
as wer proponed by himself or his Commissioner. Howbeit the
main point, to wit, superiority of Bishops over Ministers, was
conceaUed, yet, in the answers, it was ordained, that ordination of

94 APOLOGETICAL NARRATION
ministers be not acted without imposition of hands, which befor
was not thought necessary; because the imposition of hands is now,
by the Prelates, accounted the cheef note or mark to difference a
bishop from a presbyter, which he may not delegat to a presby
ter, as he may do jurisdiction. It appeareth they have been pre
paring the way by this ordinance. These to whom the tryaU of
the excommunicat Earles was committed, produced their answers
to the articles and conditions prescribed to them. Power was given
to the same Commissioners, after the accomphshment of the con
ditions, to absolve them from the sentence of excommunication, who
wer as ready to absolve as the other in shew wer to be absolved ;
and that was only in shew, that they might the more easily be re
stored to their estates and dignities, as their continuance in Poperie
afterward made manifest.

THE CHEEFE WORKMEN FOR EPISC0PACD3 ENABLED WITH A
GENERALL COMMISSION FOR THE BETTER EFFECTUATING OF
THEIR PURPOSE.
Power and commission was given, at this Assembly, to fourteen
ministers, or to any seven of them, to conveen with the King, at
such tyme and place as he should appoint, to take sohd order
anent the provision of ministers to Edinburgh, Dundee, St An
drews, the King's owne House, and the Prince's ; to give their
advice and judgment to his Majestie, anent the planting of every
particular kirk within the realme ; to devise overtures concerning
the Constant Platt ; and, generaUy, to give their advice to his Ma
jestie concerning the weU of the Kirk, and entertainment of peace
and obedience to his Majesty ; and to propone to his Majesty the
petitions and greeves, as weU of the Kirk in generaU, as of every
member thereof in particular. Commissioners wer appointed be
for, to present articles, petitions or greevances to the Parhament,
King or CounseU ; but now, those who were appointed by this
Assembly, have also commission to sitt with the King and exerce
jurisdiction, by censuring such ministers as by free apphcation of

OF THE STATE OF THE KIRK. 95
their doctrine offended the King. It was easy to the King's faction
to induce a great number [to agree to] this GeneraU Commission ;
because befor, they wer forced to attend long upon such as wer ap
pointed to modifie stipends, but now they are put in hope of large
and constant provisions. This pohcie hath served their turn ever
since, to put them in hope -of augmentation of stipends, when the
King was to urge any point upon the Assembly. These Commis
sioners, having accesse to the King when they pleased, and commis
sion to sitt and consult with him, began soon to change their man
ners. They wold rule, both in and out of the Assembhes. Matters
which were to be treated in GeneraU AssembUes were first prepared
and drest by them at Court. Some were put in the roU for the
fashion, who wer not made privie to the secret plotts, but only to
grace the company ; for seven wer sufficient at this tyme to sitt and
plot what they pleased. So these Commissioners wer a wedge
taken out of the Kirk, to rent her with her own forces ; and this
GeneraU Commission was the very needle which drew in Episco-
paUe authority.
In the moneth of June immediately foUowing, the King and
Commissioners of the GeneraU Assembly conveening at Falkland,
reduced the sentence of deposition pronounced by the Presbytery
of St Andrews against Mr John Eutherford, minister at Kinnocher,
a non-resident, one that waited not upon his calling, but took him
to the exercise of physick. In the moneth of July they removed
Mr David Black, and Mr Eobert WaUace, two painfull ministers
out of St Andrews, without consent or advice of the Presbytrie. Mr
Eobert WaUace was suspended for some words uttered against my
Lord Menmuire, (Mr John Lindsay,) Secretar, a plotter against
the Kirk. Mr George Gladstanes, minister in Angus, was placed
by him in Mr David's roome. Mr George was afterward preferred
to the Bishoprick of the See ; whereby it appeareth that these other
two were removed to give way to the planting of a bishop there ;
howbeit it was strangely dissembled, in the meantime. At the same-
tyme, they procured a new choise of a Eector of the University ;
Mr Andrew MelviU being rector. In the meantime, an act was

96 APOLOGETICAL NARRATION
made that no Masters nor Professors of Divinity in the University
should sit in the Presbytrie upon matters of discipUne ; which was
done of purpose to seclude Mr Andrew.
In the month of August, the three Popish Earles were relaxed,
by sound of trumpet, at the cross of Edinburgh, and proclamed free
subjects. Their restoration to their Uvings, dignities and honours,
was proclamed at the crosse, in tyme of the Parhament, which was
holden in December foUowing.
THE FIRST STEP TO OUR PRELATS' GRANDEUR : MINISTERS VOTE
LN PARLIAMENT.
At this Parhament, which was holden in December 1597, the
workmen for Episcopacie — the Commissioners of the GeneraU
Assembly — preferred a petition in name of the Kirk, to wit, That
ministers might have vote in Parhament. They had not commission
to petition any such thing, either for the Kirk in generaU, or for
the ministrie in particular. It is true, it was an old complaint
and greevance of the GeneraU AssembUes, that those who had the
benefices of the prelacies voted in Parhament in name of the Kirk,
and therefor petitioned that none vote in Parliament in name of
the Kirk, but such as should have commission from the Kirk, if
ther wer such a necessity that some must vote in name of the Kirk ;
but that ministers in particular vote in Parhament in name of the
Kirk, was never petitioned. The Assembly holden in October
1581, being required by the King to give him some overture, how
he shaU not be prejudged, seeing they had damned the office of
bishops, whereunto also is annexed a temporaU jurisdiction, by
whom the Prince was served by voting in Parhament, assisting in
CounseU, contributing to taxations and such like ; thirtie barrons,
burgesses, commissioners from burghs, and ministers wer appointed
by the Assembly to consult upon it apart. They returned, after
consultation, to the Assembly, with this overture, That for voting in
Parhament, or assisting in CounseU, Commissioners from the Ge
neraU Assembly shaU supply the place of Bishops ; as for the exerce-

OF THE STATE OF THE KIRK. 97
ing of civill or criminaU jurisdiction, the head baUlies may exerce
the same. The Assembly aUowed the overture, but did not deter
mine that ministers should be sent Commissioners to that effect.
When the like question was proponed by the Convention of
Estates, in October 1582, answer was returned from the Assem
bly, That they could not consent that any should vote, but such
as did bear office in the Kirk, and wer authorized with commission
from the Kirk; but did not determine whether ministers, or barrons
and burgesses who were elders. The Assembly, holden in May
1592, enjoined every brother to consider, Whether it was leissum
to ministers to vote in Parliament, in the old Prelates places, that
they might be the more able to reason upon it : but no conclusion
was resolved upon. So the Assembly was never earnest for vote
in Parhament, but complained that such Lords as had the abbacies,
priories and bishopricks, voted in name of the Kirk, whereby the
Kirk was damnified in sufficient maintainance for the service of
God ; or answered to the King's complaining of the want of his
Third Estate.
But the ground is false, that, of necessity, the Kirk must be
an Estate in Parhament ; for by the Kirk is meant either the mi
nistrie only, according to the Popish sense, taking the clergie
only for the Kirk ; or the ministrie, togither with the communalitie
of professors, which is the right acceptation of the word. Mi
nisters may not lawfuUy sit as members in ParUament, because
the Parhament is a CiviU court or great counseU, conveened for
making of laws concerning weights and measures, rights of inhe
ritance, forfaultures, losse of Umb or hfe, and such like, whereof
ministers ought not to make lawes or be judges, seeing they are
separat and set apart to preach the GospeU, and watch over the
souls of the people. And howbeit church affairs and matters of
rehgion be sometimes treated in ParUament, yet it is a civiU as
sembly : their proceeding and sanction of such lawes is civill.
E ye wUl comprehend aU the professors or members of the Kirk
under the name of the Kirk, then aU the subjects of this king
dom shaU make but a Third Estate, — the whole countrey but a
G

98 APOLOGETICAL NARRATION
pairt of the ParUament. Farther, the subjects considered ma-
teriaUy, they are the same persons both in Kirk and Common
wealth; but considered with diverse respects, they are distin
guished fbrmaUy. As citizens of the kingdom, their body is re
presented in Parhament. As members of the Kirk, their body is
represented in a GeneraU Assembly. As members of the Kirk,
they should meddle only with things spirituaU in their judicatories,
counseUs, &c. The truth is, that none doth vote in Parhament in
the name of the Kirk, or as ecclesiasticaU persons, but only as bar
rons, or in respect of the baronie annexed to the bishoprick, abbacie,
or priory. So that, if prelats were not barrons, the Kirk wold
get no vote. I grant ministers may be present at Parhaments
with the Book of God in their hands, if they be requyred to an
swer any doubt ; nor ought the Estates to make any act concerning
rehgion, or the affairs of the Kirk, without the advice and consent
of her representative body, the NationaU Assembly ; but ministers
ought not to be members of that court or counseU, nor no other in
name of the Kirk.
So many noblemen as possessed great benefices, and so many
others as they could move to assist them, opposed ; but, through
the King's earnest dealling with sundry, it was granted, that so
many of the ministrie as his Majesty should provide to the office,
place, title, and dignity of a bishop, abbot, or other prelate, shall,
at aU tymes hereafter, have vote in ParUament. It was thought
that no honest man in the ministery wold accept of such dignities,
titles and offices ; and that therefor the Estates wer more hberall
in their grant. The consideration of the office was remitted to
the consultation and agreement of the King and the GeneraU
Assembly, but without prejudice of the jurisdiction and discipline
of the Kirk ; but what that office of the bishop, abbot, prior,
should be, and not prejudiciaU to the jurisdiction and discipline
of the Kirk, I think it wer hard to determine.
The Commissioners, as if they had procured a great benefit to
the Kirk, sent their missives to the Presbytries to informe them
with what difficulty it was obtained, and what danger, ther was in

OF THE STATE OF THE KIRK. 99
delay, and therfor had anticipat the tyme of the Assembly, which
was to be holden in May ; and, with his Majestie's consent, had
appointed it to be holden the 7th of March. Under fair pretences
the dyets appointed by ordinar GeneraU Assemblyes wer altered,
and either anticipat to surprise men, or prorogat tiU they had pre
pared persones, or dressed purposes, tUl at last the whole hberty
to appoint any dyet at aU was reft out of their hands. In their
missives they informe them likewise, what order was taken for the
platt and provision of stipends, to make the other point the more
acceptable. Yet the judicious and sincerer sort of the ministrie
discovered the mystery of iniquity, lurking in this pretended benefit
of ministers voting in ParUament ; as the Synods holden in Lothian
and Fife, about the end of February. Ei the Synod of Fife, David
Fergusson, the most ancient minister in Scotland, discoursed anent
the travel and pains taken by the ministry to purge this Kirk of
the corrupt Estate of Bishops. " But now," said he, " I perceave
a purpose to erect it again. I can compare the convoy to nothing
more fitly than to that which the Grecians used for the overthrow
of the towne of Troy, by busking up a brave horse, and by a
crafty Sinon perswading them to demohsh a part of their waUs
with their owne hands, to receave that in for their honor and weU-
fare, which served for their utter wraik and destruction." There
fore, he wold, with the other two brethren who had already given
warning, cry, Equo ne credite, Teucri ! Mr John Davidson being
present upon occasion, said, " Busk, busk, busk him as bonnUy
as ye can, and bring him in as fairly as ye wUl ; we see him weiU
eneuch : see how he setteth up the horns of his mytre." Sir
Patrick Murray had been directed to the Synod from the King,
and a letter was [sent] from the Commissioners of the GeneraU As
sembly, to perswade them to accept so great a benefit, procured
with so great difficulty. The greatest number were inclining, tiU
Mr Andrew Melvill, and Mr James MelviU, began to forewarn
them of the danger.
Upon Saturday the 25th of February fell forth that fearfuU
g2

100 APOLOGETICAL NARRATION
ecclipse of the sun, which continued the space of two hours, so
fearfuU, that that Saturday is yet caUed by the people, " The black
Saturday :" a prognostick, as the tymes gave occasion to inter
pret, of that darknesse which was to faU upon the Kirk.
The GeneraU Assembly, conveened in Dundee the 7th of March
1597, alias 1598. Mr Patrick Blackburne, minister at Aberdeen,
was chosen Moderator by plurahty of votes, especiaUy of the bar
rons and northland ministers. His assessors wer nominat by the
King, against aU order. Nothing of moment was done the first
two dayes, but ministers were brought to the King from morning
tiU late at night, and voters procured to vote in ParUament, and
other matters which were to be proponed. Mr Andrew Melvill
was commanded first to keep his lodging ; and after, upon the
9th day, he and Mr John Johnstoun, a Professor of Divinity in
St Andrews, were charged to depart out of the towne under the
pain of horning.
Some Presbytries gave in their greevances against the Commis
sioners of the GeneraU Assembly. Such alterations were not
heard at any time before in our Assembhes, as now about these
greevances. Papists and pohticians wer brought in to take their
pastyme, and gather matter of slander and calumnie. But the
King, fearing that the maine purpose which he had in hand could
not succeed that way, laboured to have the greevances buryed, and,
to please the ministry, promised to traveU with the taksmen of the
tithes for augmentation of the duty of their tacks. Whereupon,
the Commissioners from the Presbytries which had given in their
greevances being removed, and secluded from voting in the tryaU
of the Commissioners, it was concluded, that the greivances and
answers of the Commissioners should be buryed and obhterat for
continueing of peace in the Kirk ; and the proceedings of the Com
missioners of the GeneraU Assembly wer approved and passed
over without censure, both what they had done in placeing and
displaceing ministers at St Andrews, reponeing Mr John Euther-
foord, and also obtruding two young men, Mr George Eobertson

OF THE STATE OF THE KIRK. 101
and Mr Peter Hewat, upon Edinburgh, to be coUeagues to the old
ministers, at the division of the towne in quarters.*
The General Commission was renewed and made more ample.
FuU power was given to some ministers, about twenty in number, or
to any nyne of them, to concur with his Majesty for setting downe
sohd grounds for the constant Platt, and of security to be made to
the tacksmen for the remanent of their tithes ; and, in case the
Presbyteries approve their grounds, to conveen with his Majesty
and Lords of his Privie CounseU, having the power of the Parha
ment to that effect, that they may put a final end to the constant
Platt and planting of every particular kirk within this realm ; as
also to plant sufficient ministers in the principaU burrows, and to
provide sufficient ministers to the King and Prince his house, the
kirks of Dumfries and New Abbey ; to present greevances to the
Parhament ; to give his Majesty advice how to avoid dangers and
inconveniences, which wer likely to befaU the Kirk ; and, in case
his Majesty found himself greeved, or crave redresse of any enor
mity done to him by any of the ministerie, to cognosce thereupon,
and, after advice of the most discreet of the Presbytrie, to proceed
in tryaU be themselves, and conclude as they shaU see expedient
for the glory of God, and the peace of the Kirk ; and last, to pro
pone to his Majesty, at their conventions, petitions and, greevances,
either of this Assembly in generall, or of any member in particu
lar. This Commission was to endure to the nixt Assembly. The
most part of the persons nominat wer such as were aspiring, or
were preferred to bishopricks afterwards, viz., Messrs Peter Black
burn, James Nicolson, Alexander Douglasse, Thomas Buchanan,
George Gladstones, Alexander Lindsay, Eobert Pont, David
Lindsay, Gavin HamUton, Andrew Knox ; Mr John Knox, Mr
Henry Livingstoun, and some others, wer nominat for the fashion.
Nine might be had at aU tymes without them, to consult and
conclude when they thought it expedient. Commission was given
* In 1584, the town of Edinburgh had been divided into four districts or parishes,
with a minister for each ; and in 1597, the Town-Council resolved to increase the
number of ministers to eight, or two for each parish.

102 APOLOGETICAL NARRATION
in particular to Mess^ Eobert EoUock, David Lindsay, Eobert
Pont, Patrick GaUoway, Thomas Buchanan, James Nicolson,
George Gladstones, John Duncanson, or any five of them, to
place the ministers of Edinburgh in their severall quarters.
A whole week was spent befor the cheef point was proponed, to
weary the ministers come from the South ; that, after the departure
of some of them, detaining their owne adherents, they might the
more easUy come to their purpose. The King, in the tenth session,
declared, what great care he had to adorne and benefit the Kirk,
and to restore to her her patrimony ; [and] that for the effectua
ting of this, it was needfuU that ministers have vote in Parhament,
without which the Kirk could not be vindicat from poverty and
contempt. " I mind not," said the King, " to bring PapisticaU or
AngUcan Bishops, but only to have the best and wisest of the mi
nistery appointed by the GeneraU Assembly, to have place in
CounseU and ParUament, to sit upon their own matters, and not
to stand always at the door like poor supplicants, despised, and
nothing reguarded." Some of the Commissioners spoke to the
same effect. Ther was sharp and hot reasoning, notwithstanding,
in the eleventh session, against ministers, voters in Parliament.
Messrs Eobert Bruce, James MelviU, John CarmichaeU, John Da
vidson, William Aird, and some others, oppugned. The King was
forced to commend Mr John CarmichaeU for his acutenesse. Mr
James Melvill's reasons are extant in the Course of Conformitie, *
as they were enlarged afterward by himself. Mr Andrew MelviU
was charged to depart out of the towne the week before, because
they feared him, as was weeU remembered by Mr John Knox,
when this point was proponed. But what availled reasoning, where
authority swayed the matter, and votes wer procured befor hand ?
Beside, the point itselfe was so plausible to corrupt and worldly mi
nisters, that they thought it the only mean to recover the Kirk
rents, when some of their owne number shaU sit in CounseU and
* The title of a tract usually ascribed to David Caldenvoood, printed in the year
1622, 4to. Melville's Reasons are also included in his own Diary, ("Wodrow Society
edit., pp. 470-485.)

OF THE STATE OF THE KIRK. 103
Parhament ; whereas befor they wont to stand at the door with
their petitions in paper, and scarce gett a good answer. Some
were so simple that they could not see evUl in the vote, nor foresee
the consequence of it. When the roU was caUed, Mr GUbert
Bodie, a drunken Orkney asse, was first caUed on ; a number of
northland ministers foUowed, aU for the beUy and the body ; yet
the negative voters were overcome only by ten voices, and had
overcome the affirmative, if barrons wanting commission had not
voted with them. The Commissioners, chaUenged by sundry
brethren for presenting such an article to the Estates, were ap
proved ; and it was concluded, That it was necessary and expedient,
the ministrie, as the Third Estate of this realm, in name of the
Kirk, have vote in ParUament. But here it may be demanded, If
the ministrie, as representing the Kirk within this realme, should
have vote in Parhament, wherefore doth not the whole ministrie
vote in Parhament ? But it is false that the ministrie only repre-
senteth the Kirk without other office-bearers. The Act of Par
liament beareth no such meaning, That the ministrie represents
the Kirk, and therfor should have vote. And at the same As
sembly some that consented that the Kirk should have vote in Par
hament, wold have had barrons and burgesses chosen by the As
sembly to be their Commissioners to vote. Others were content
to accept it upon whatsoever conditions it might be had.
Mr John Davidson, when his vote was asked, desired them not
to be sudden in such weighty matters. When one had said, that
the title of Lord could not be denyed to them that were to sit in
Parhament, and mantainance answerable to their dignity — " See
ye not, brethren," said Mr John Davidson, " how bonnUy yonder
bishop beginneth to creep out, Novus palliatus Episcopus." The
King and a great number burst forth in laughter, so hght account
made they of the matter ; but he, proceeding, said, " Have we not
done much to it, that have striven so long against that corrupt es
tate to bring forth now such a birth ?" The deceitfuU workmen
laboured to extenuat the matter, and to cover their proceedings as
if no such thing had been intended. La end, he gave in a protes-

104 APOLOGETICAL NARRATION
tation in writ, which he had in readinesse three or four dayes be
for, in his owne name, and in name of aU other brethren who wold
adhere to it, and craved that it might be insert in the books of the
Assembly. He votted and reasoned befor in other matters, but
without prejudice of his protestation made befor, or to be made
after. This protestation was reached from hand to hand tiU it
was laid down befor the Clerk. The King taketh it up, readeth it,
and sheweth it to the Moderator, and others sitting beside, and
then put it up in his pocket. La this protestation he protested, in
his own name, and in the name of others, that he disassented from
aU the proceedings in this and the other two Assemblies immedi
ately preceeding, as not having the hberty of free Assembhes per
mitted unto them, tUl the nixt better constituted and advised As
sembly ; and, therefor, that it be lawfull for him and others who
shaU adhere to this protestation, to use their wonted freedome,
notwithstanding of any law or act to be made in the contrare. He
left the Assembly ; and a number of ministers, who were sUent
when the King demanded in a boasting manner who would stand
to it, overtaking him at the. other side of the ferry, subscribed it,
about three or four score. But when he comes to St Andrews, he
was advised to cutt off the names and burne them.
In the twelfth session, Concerning the number of the ministery
that should have vote in Parhament in name of the Kirk, it was
likewise concluded, and thought expedient, That as many of them
should be chosen for vote in ParUament as wer wont of old in
tyme of the PapisticaU Kirk to be bishops, abbots and priors,
who had the like liberty, viz., to the number of fifty-one, or there
by. Item, after reasoning, it was voted and concluded, That the
election of such of the ministery as should have vote in Parhament
ought to be of a mixed quality, and appertain partly to his Ma
jesty, and partly to the Kirk. And because, for shortnesse of
tyme, the brethren could not be perfectly resolved in the remanent
heads and circumstances, concerning the office of him who should
have vote in Parliament, viz., de modo eligendi ; of his rent ; of the
continuance of his office ; whether he should be chosen ad culpam,

OF THE STATE OF THE KIRK. 105
or not ; of his name ; of the cautions to preserve him from corrup
tions, and such other circumstances : The Assembly desireth every
Presbytrie to be ripely and thoroughly advised with the heads
above written, and, thereafter, to conveen in their SynodaU As
sembUes, through the whole countrey, upon one day, which shaU
be done upon the first Tuesday of June nixt to come ; and there,
after new reasoning and advising upon the heads above written,
that every Synod choose three of the wisest of their number, who
shaU be ready upon his Majestie's advertisement (which shaU be
upon a month's warning at least) to conveen with his Majesty, to
gither with the doctors of the Universities, viz., Messrs Andrew
Melvill, John Johnstoun, Eobert EoUock, Patrick Sharp, Eobert
Howie, Eobert Wilkie, James Martein, such a day and place as
his Majesty shaU think expedient, with power to them to treat,
reason and conferr, upon the said heads, and others appertaining
thereunto ; and, in caise of aggreement and uniformity of opinions,
to vote and conclude the whole question touching vote in ParUa
ment ; otherwise, in case of discrepance and variance, to referr the
conclusion thereof to the nixt GeneraU Assembly.
It standeth not with equity that the King should be partner in
the election of the Commissioners to vote in name of the Kirk, more
than of the Commissioners for barrons and burgesses. The King
and the Commissioners of the GeneraU Assembly had framed some
cautions to inclose the Commissioner, (voter in ParUament,) to range
him in, suppose he should grow never so wyld, that he grow not
to a Popish or Inglish Bishop, [and] that he might the more easUy
be embraced. But, when they were read, they perceaved that many
brethren who had assented to the maine point begann to scarr ;
therfor this point was referred with the rest, to be advised upon.
Mr Andrew MelviU and Mr John Johnstoun were debarred from
this Assembly, where the main points were to be reasoned and put
to voting, but wer permitted to be present at the appointed meet
ing of the Commissioners from Synods, wher no power was
granted to conclude but in case of agreement ; and that their rea-

106 APOLOGETICAL NARRATION
sons might be known befor the nixt Assembly, and there shifted
or suppressed.
The Synods were enjoined to conveen aU in one day, that one
should not understand what another had done or receave hght
from another.
Because they perceaved that ther came a number of Commis
sioners out of some Presbytries to oppose to their course, they pro
cured then an act, that, in tyme coming, no moe ministers be
directed as Commissioners to the GeneraU AssembUe but three at
the most ; that one be directed from every Presbytrie, in name of
the barrons, and one Commissioner be directed out of every burgh,
except Edinburgh, which shaU have power to direct two ; yet they
themselves afterwards brought five or six out of some Presbytries,
as they found needfuU, to advance their course.
Those who had the charge committed to them to place the
ministers of Edinburgh in their severaU quarters, who befor had
taught promiscuously, wrought great vexation to Mr Eobert
Bruce, in AprUe and May foUowing 1598. He had been minister
in Edinburgh eleven years befor. Now, when he was to accept a
part of the towne, togither with his coUeague, Mr James Balfour,
which was his owne desire, they urge him with imposition of
hands. Lest he should seeme to run unsent aU the years bypast,
without a calling, he constantly refused to receave imposition of
hands as a ceremony of ordination, or entering into the ministry ;
but was content to receave it as a signe of confirmation, if they
would give their declaration thereupon in write, which, after much
debate, they were forced at last to give, maugre their hearts. I
observed befor, that this ceremony, which was thought unneces
sary and indifferent, was now of late urged as necessary ; because
they were laying the foundation of Episcopacie, which, in words
and outward profession, they denyed.
Mr William MelviU, one of the Senators of the CoUedge of Jus
tice, and Sir Patrick Murray, were directed by the King to the
Synod of Fife, which was holden in June. They were carefull to .
procure three to be chosen for the appointed conference that fa-

OF THE STATE OF THE KIRK. 107
voured the King's course ; but by the devise of their favourers, a
number of the best affected and most opposite to the course wer
put upon the leets, that they may be ridd of tlieir votes, and that
the votes of such as were affected that way might be scattered,
whereas the votes of others who wer wrought upon, were laid upon
thrie of their owne. So Messrs Thomas Buchanan, George Glad
stones, and John FairfouU, were chosen Commissioners ; which,
when the sincerer sort which was the far greatest part, perceaved,
they wold yeeld to no other commission, but to report faithfully
the judgment of the Synod, to reason, vote and conclude, according
to the same.
The Commissioners from Synods conveen in Falkland, the 25th
of July 1598. The King and his adherents found not such ad
vancement of their course as they expected. Seeing the sincerer
sort could not get the maine point recaUed, they laboured for the
straiter Cautions. It was concluded as foUoweth : —
" First, Concerning the manner of chosing of him that shall have
vote in ParUament, in name of the Kirk, it is condescended upon,
that he shaU first be recommended by the Kirk to his Majesty ;
and that the Kirk shaU nominat six for every place that hath need
to be filled, out of which number his Majesty shaU choose one
whom he Uketh best ; and his Majesty promiseth, obligeth and
bindeth himselfe, that he shaU choose no other but one of that
number; and in caise his Majesty refuse the whole, upon a just
reason of unsufficiencie, and of greater sufficiencie of others not
recommended, the Kirk shaU make a new recommendation of men,
according to the first number, out of which one shaU be chosen by
his Majesty without any further refusaU or new nomination ; and
he that shaU be chosen by his Majesty shaU be admitted by the
Synods. Secondly, It is concluded, that the GeneraU Assembly shaU have
the nomination or recommendation of him that shall have vote in
Parhament in name of the Kirk, who shaU take the advise of the
Synods and Presbytries thereanent directed from them in write ;
and the Synod shaU have hberty to nominat, as weeU within their

108 APOLOGETICAL NARRATION
province, as without ; providing, that if there be any within the
province meet for the place, cceteris paribus, he be preferred to an
other. Thirdly, Anent his rent, it is advised, with one consent, that the
kirks being planted sufficiently, the coUedges and schooUs already
erected not prejudged, the King's Majesty shah provide to him aU
the rest of that benefice whereunto he is preferred.
Fourthly, As for the Cautions, to keep him that shah have vote
in Parhament from corruption, they are these foUowing : —
1. That he presume not any tyme to propone at Parhament,
CounseU, or Convention, in name of the Kirk, any thing without
expresse warrand and direction from the Kirk ; and such things as
he shaU answer for to be for the weUl of the Kirk, under the pain
of deposition from his office : neither shaU he keep sUence, or con
sent, in any of the saids Conventions, to any thing that may be pre-
judicaU to the hberty and weU of the Kirk, under the same pain.
2. He shaU be bound, at every GeneraU Assembly, to give
an accompt anent the discharging of his commission since the As
sembly preceeding, and shaU submitt himselfe to their censure, and
stand to their determination whatsoever, without appeUation, and
shall seek and obtain ratification of his doings at the said As
sembly, under the pain of infamie and excommunication.
3. He shaU content himselfe with that part of the benefice
which shaU be given him by his Majesty for his Uving, not hurting
nor prejudging the rest of the ministers of the Kirk within his
benefice, planted or to be planted, or any other minister in the
countrey whatsomever ; and this clause to be insert in the pro
vision. 4. He shaU not, in any wise, dffapidat his benefice, neither
sett nor make any disposition thereof without the speciaU advice
and consent of his Majesty and the GeneraU Assembly ; and, for
the greater warrand, he shaU interdyte himself not to dffapidate
his benefice, nor to consent to the dilapidation thereof, made by
others to the Generall Assembly ; and shaU be content that inhibi
tions be raised against or upon him to that effect.

OF THE STATE OF THE KIRK. 109
5. He shaU be bound to attend faithfully upon his own particu
lar congregation, wher he shaU be minister, in aU the points of a
pastor ; and hereanent shaU be subject to the tryaU and censure of
his owne Presbytery and ProvinciaU Assembly, as any other minis
ter that beareth not commission.
6. In the administration of discipUne, coUation of benefices,
and aU other points of ecclesiasticaU government, he shaU neither
usurp nor acclaime to himself any power or jurisdiction farther
than any of the rest of his brethren, under the pain of deprivation ;
and in caise he usurp any part of the ecclesiasticaU government, and
the Presbytrie, Synod, or GeneraU Assembly oppone and make any
impediment, to be null, ipso facto, without any declaration.
7. Ei Presbytries, ProvinciaU and GeneraU AssembUes, he shaU
behave himself in aU things, and be subject to their censure as any
of the brethren of the Presbytrie.
8. At his admission to the office of Commissionarie, these and
aU other points necessary, he shaU swear and subscribe to fulfiU,
under the penalties forsaid ; otherwise not to be admitted.
9. La case he be deposed by the GeneraU Assembly, Synod, or
Presbytry, from his office of the ministery, he shaU lose his vote in
Parhament ipso facto, and his benefice shaU vaick.*
Farther Cautions to be made, as the Kirk pleaseth and findeth
occasion. Touching his name that for the Kirk shaU have vote in ParUa
ment, It is advised, by uniforme consent of the whole brethren, that
he shaU be caUed ' The Commissioner ' of such a place ; and in case
the Parhament, by bis Majestye's moyen, may be induced to acknow
ledge that name, it shaU stand so ; if not the GeneraU Assembly
shaU conclude this question anent his name.
The question being demanded, Whether the commission of him
that should vote in ParUament for the Kirk, should endure for his
Ufetyme, except some cryme interveen, or for a shorter tyme, at
the pleasure of the Kirk ? the Commissioners of the ProvinciaU
* i. e. become vacant.

110 APOLOGETICAL NARRATION
Assemblies, being of diverse opinions, thought good to referr this
question to the nixt GeneraU Assembly."
The King and Commissioners of the GeneraU Assembly were
no't weUl pleased with the strictnesse of these Cautions, nor mind
ed that they should be observed ; but wer content that ministers
vote in Parhament was admitted, upon whatsoever conditions.
That they might have tyme to dresse their matters for the nixt
Assembly, which was appointed to be holden at Aberdeen in
July 1599, it was prorogat, by proclamation, tUl March 1600; as
also that the King may, by degrees, bereave the AssembUes of
their hberty to appoint and indict dyets.
In the month of July 1599, the King and the Commissioners,
having caUed for some ministers to St Andrews, laboured with them
for reconciliation and profession of brotherly love, which was not
refused. But by this mean, they thought to insinuat themselves in
their affections, and either to win them to their course, or to blunt
the edge of their zeaU against them ; for it was not difference in
opinion only that made ahenation of affections, but plotting against
the discipUne, aspiring to preferrment, vexing of their brethren.
In September foUowing, was the letter directed to the Pope,
for which Secretar Elphingstoun was afterward troubled.
In the same moneth certain passages, extracted by Mr James
MelvUl out of Basilicon Doron, wer presented to the brethren of
the Synod of Fife, wherein the King's intention to erect the state
of Bishops was discovered, howbeit it was denyed. Some few
coppies only were printed at first,* and these were committed to
the trust of some few. Mr John Dicks [Dykes] was suspected to
have extracted these passages. The King thereupon sent Mr
Frances BothweU to apprehend him, that he might reveaU from
whom he had the coppy, but he withdrew himselfe, for Mr James
his security.
The King, with advice of the Commissioners of the GeneraU
* The edition referred to was printed at Edinburgh, by Robert -Waldegrave, 1599,
4to. According to the Royal Author's own statement in 1603, there were only seven
copies printed of the original edition.

OF THE STATE OF THE KIRK. Ill
Assembly, fearing the hke opposition at the nixt Assemblie that he
found at the last, or greater, thought meet to appoint a conference
at Holyroodhouse the 17th of November, to the end, as was pre
tended, that such as were not satisfied might be resolved, that so
a way might be prepared for a peaceable Assembly. The truth is,
if he could obtain the unanimous consent of those who were con
veened, who were the men of cheef note in our Kirk, he assured
himself their judgment would be foUowed in the nixt Assembly ; if
not, yet the reasons of the other party might be made known, an
swers or replyes prepared, or some other means used to attain
to their purpose. It was granted to every one that was present,
to reason freely, both upon the points already concluded, and the
points which wer referred to the nixt Assembly. The brethren
opposite to their course, howbeit not prepared, because not timously
forewarned, condescended to reason, but under protestation, that
their reasons wer not prejudiciaU to the nixt Assembly, and that it
might be free to them to add, farther then, as they were able. They
reasoned pitluly against ministers voting in ParUament, against
the perpetuity of the votter, and the title of Lord or Bishop to be
given to him. Farther, they foretold, that which we see and feeU
this day, that they wold debauch and be distracted from their caU-
ings ; that they wold break the barrs of aU the Caveats, vote and
reason in ParUament as they pleased, and take no limited commis
sion ; if they got once the title of Bishops, aU the Caveats wold not
restrain them from usurping lordship and preheminence over tlieir
brethren ; that they wUl bring with them from the Court to the
Kirk such behaviour and manners as they drink in there ; they
wUl look sour if they want the styles among their brethren, which
are given them in the Court, wher they shaU be styled " Lords" at
every word, and, possessing the chiefe places in the realme, wUl be
avenged on them at the Platt or the Court ; or otherways, if they
serve the Prince and the Estate, howbeit against the weale of the
Kirk, the Prince wUl maintain them by his authority and moyen
in AssembUes, having the sustentation of ministers in his power ;
or if the Assembly depose them, he wiU have them to enjoy still

112 APOLOGETICAL NARRATION
their styles and rents, and so shaU they sett themselves to be
avenged upon the Kirk. They dissolved with Uttle contentment
to the King. " If the Assembly wold not embrace the benefit
offered, let them," said he, " blame themselves if they fall in po
verty and contempt." As for himself, he could not want one of
his Estates ; he wold place such in these places as he thought good,
who wold accept of the same and do their duty to him and the
countrey. This bastard Estate is commonly aUedged, and the
service they owe to the King and countrey ; whereas their ser
vice is to serve in matters spirituaU for the welfare of men's souls,
both Erince and people, in the countrey ; and others may and can
serve better in things civill or temporaU.
Mr Peter Blackburne, minister at Aberdeen, Moderator of the
last General Assembly, taught good and sound doctrine in his ex
hortation at the beginning of last Assembly, which was holden at
Montrose in March 1600, but was induced or rather threatened
to recant, afternoon, before the whole Assembly. This was a step
to a bishop of the new stamp.
Sundry of the sincerer sort wer put on the leets, and therfor
the votes wer divided ; but aU that were for the King's course laid
their votes upon one man, and so Mr Eobert Wilkie was chosen
Moderator. The hke trick I observed befor in a Synod of Fife.
The nixt poUcie was to draw their chief opposits upon the privy
conference, that they might know how to deaU in pubUck. La the
privy conference, four were chosen for each side to conferr and
reason apart, upon hope that, upon their agreement, wold foUow an
universaU harmony as was pretended ; but in effect, it was to essay
if their opposits might be drawn to them, if not, to proceed after
their wonted manner. Yet some good was expected, if their con
ference had not been interrupted by the King. For the one side,
wer chosen Messrs George Gladstaines, James Nicolson, Eobert
Howie, Alexander Douglas ; and Mr John Spottiswood, now
Bishop of St Andrews, to be their scribe : Messrs Patrick Sharp,
Patrick Simpson, James MelviU, David Barclay, for the other side;
and one to be their scribe ; for they were enjoined to sett down

OF THE STATE OF THE KIRK. 113
their reasons in writ. They spent the tyme very fruitfuUy an
whole afternoon, beginning at the very ground to define a Parlia
ment, and what it was to vote in Parhament, and so forth. The
four of the opposite side were square and plain, after protestation
[before God] for secrecie ; but the King, being informed that night
by some of his owne, wold suffer no more that private reasoning
the day foUowing, but wold have it publict befor himself and some
of the CounseU, in the privy conference. Those that stood for the
estabhshed discipUne, proved by many Eeasons that the act of the
GeneraU Assembly holden at Dundee 1598, taken according to the
mynd of the Act of ParUament, concerning Ministers vote in Par
Uament, was flatt repugnant to the Word of God. Their reasons
were so strong, that in effect they were aU granted ; but only it
was denyed that any such thing wold foUow as was aUedged.
They denyed they were to bear any charge or office in things civil,
make laws, judge upon forfaultries, medle with civU affairs, con
found jurisdictions, &c. It was pertinently aUedged, how the col-
Uer desired to dweU beside the waker, * aUedging many commo
dities might redound to them both by their feUowship ; but the
waker refused altogether, " for it is not possible," said he, " but
thy occupation wUl marr mine, for thou makest black, and I
make white."
The King and Commissioners of the GeneraU Assembly, — I mean
so many as wer privy to the course, were aspyring to bishopricks,
and had their meetings with the King for such purposes, — finding
this conference not to succeed, held the gripp they had gotten. The
acts already past must not come in question in pubhck. Their chief
care was to obtain a ratification of the Cautions concluded at Falk
land, and consent to the perpetuity of the voter in ParUament. The
King, from his rising in the morning tUl he went late to bed, was
so bussied with ministers, that the courtiers complained they could
not get accesse to him. Mr Andrew MelvUl was commanded to
keep his lodging, howbeit he was sent in commission from his
* Or, wauker, a fuller, from wauk, to full cloth.
H

114 APOLOGETICAL NARRATION
Presbytery. The brethren were made to beleeve, that erecting of
Episcopacy was not intended, but only ministers voting in Parha
ment to vindicat the Kirk from contempt and poverty ; and so
sounded their answer to their opposits arguments in the conference.
Yet there was such opposition made, that the King and the Com
missioners of the GeneraU Assembly could not procure perpetuity
to the Commissioner in ParUament ad vitam, or ad culpam, &c.
Fiftie-one voted that he should be chosen annuatim by every Pres
bytrie from year to year ; some cryed, instead of annuatim, " Away
with him ;" forty-eight, of which many were not ministers, voted ad
vitam or ad defectum.
The King's workmen were so greeved, that they conveened and
devised a new glosse drawing near to that which was concluded ;
to wit, that the Commissioner voter in Parhament, shall give
account annuatim, and lay downe his office at the feet of the
Assembly, to be continued or altered as the Assembly shaU think
expedient. They communicate this device to the King. The
King and Clerk sett the conclusion downe so. And so it is
extant as foUoweth : —
" Which whole conclusions, (to wit, of the meeting of the Com
missioners from Synods at Falkland,) being read in audience of the
whole Assembly, the Assembly, being ryply advised therewith, rati
fied, aUowed, and approved the same, and thought expedient that
the said Cautions, together with such others as shaU be agreed up
on by the Assembly, be insert in the body of the Act of Parha
ment, which is to be made for conformation of the voter in Parha
ment to the Kirk, as most necessary, and substantiaU points of
the same.
" Forasmuch as the Commissioners of Synods conveened at Falk
land, the 25th of July 1598, being of diverse opinions concerning
the continuance of his commission who should have vote in Parha
ment, whether he should endure for his lifetyme, except some
cryme or offence interveen, or for a shorter tyme at the pleasure of
the Kirk, they thought good to referr the same to this present
Assembly : Therfor the GeneraU Assembly, having reasoned at

OF THE STATE OF THE KIRK. 115
length upon the said question touching the continuance of him
that shaU vote in ParUament, finds, and, after voting, decerns, that
he shall annuatim give an account of his commission obtained
from the General Assembly, and lay downe the same at their
feet, to be continued or altered by his Majesty and the Assembly,
as the Assembly, with consent of his Majesty, shaU think most
expedient for the weU of the Kirk.
" It is statut and ordained, That none of them that shaU have
vote in ParUament shaU come as Commissioners to any General
Assembly, or have vote in the same, in any tyme coming, ex
cept he be authorized with Commission from his own Presbytery
to that effect.
" It is found by the Assembly, That crimen ambitus shaU be a
sufficient cause of deprivation of him who shaU have vote in Par-
lament. " It is statut and ordained, That every minister intimate this
;eneraU, that vote in ParUament is concluded by the Assembly,
and that none utter speeche in pulpit contrair to the same."
The GeneraU Commission was renewed, wherwith the chief plot
ters of Episcopacie were authorized, almost the same who were
nominat in the former : Messrs James Nicolson, Alexander For-
besse, Alexander Douglas, Alexander Lindsay, George Gladstones,
David Lindsay, Andrew Lamb, Gawen HamUton, Eobert Font,
Eobert Howie, Andrew Knox, James Law, John Spotswood,
Patrick GaUoway : Some others were joined with them, but their
souls came not into their secrets. The King might proceed in
execution of the Commission with nyne of the number without
the rest.
The ministers of Edinburgh were charged, upon the 12th of
August, [1600] by the King and CounseU, to depart out of the towne
— aU, except the two young men that entered last ; and discharged
to preach in the King's dominions, because they wold not professe
to the people, that they were perswaded that the Earle of Gowrie
and his brother wold have killed the King in St Johnstoun, upon
the 5th of August ; and perswade the people to beleeve the same.
H2

116 APOLOGETICAL NARRATION
They offered to thank God for his dehverance out of a danger, to
rehearse faithfully to the people the history as his Majesty de-
Uvered it, and to speak nothing in the contraire ; but that was
not accepted. Not long after, their places were declared vacant by
the Commissioners of the GeneraU Assembly. Upon the 5th of Sep
tember they were charged to compear before the King and Coun
seU in StirUng, to hear farther punishment decerned against them.
Messrs WilUam Watson, Walter BalcanqueU, John HaU, James Bal
four, professed they were resolved, and were appointed to pubhsh
their resolution in the Kirks designed to them, and to confesse
their error and incredulity. The Court gave out that they were
sent to make their repentance. Mr Eobert Bruce professed, that
he was not yet resolved, but craved tyme to search and try. He
is ordained to depart out of the countrey, not to return to England
nor Scotland without his Majestie's Ucence, and to remaine in
Airth tUl his departure.
The King, with advice of the Commissioners of the GeneraU
Assembly, appointed a meeting of two out of every Synod, to be
holden at Edinburgh in October, to take some order for the Kirk
of Edinburgh, and to consult with the Commissioners upon such
things as were to be proponed to the nixt ParUament. At this
meeting the King was earnest to have others planted in the Mi
nisters of Edinburgh their roomes, (notwithstanding the pubhshing
of their resolution,) except Mr John HaU, whom, said the King,
I wiU take in mine owne hand. It was answered, That could not
be done, unlesse they were deposed by the Kirk, or cutt off by
some civiU judicatory ; yet the King was so headstrong, it was
thought good to try their owne mindes, if they wold be content
with transportation rather than that their kirks should vaik. Mr
James MelviU, Mr William Scot and Mr John Carmichael were
directed to deaU with them, After they were gone forth, the King
and the Commissioners took hold of the opportunity, [and] obtained
the nomination of these three to vote at the nixt Parhament, which
was to be holden in November, to wit, Mr David Lindsay, Mr
Peter Blackburne, Mr George Gladstones, without regard to the

OF THE STATE OF THE KIRK. 117
Cautions and Order concluded at the last Assembly ; howbeit this
meeting had not the power or strength of a GeneraU Assembly.
The three brethren directed to deaU with the ministers of Edin
burgh understood nothing of the matter tUl the meeting was dis
solved. At the nixt ParUament, whereat Gowrie was forfaulted,
the three who were nominat voted.
In the Synod of Fife, conveened at Saint Andrews in February
foUowing, anno 1601, Mr George Gladstones being chaUenged,
confessed that he sat in the last ParUament and answered as
bishop when he was caUed, but aUedged that it was against his
heart, because they wold not name him otherwise. Such were the
slight shifts they had when they were found guUty of any breach.
Mr David Lindsay was rebuked in face of the Synod of Lothian,
which was holden in Aprile, by Mr John Davidson.
There was a meeting of ministers in Bruntisland, in March 1601,
where it was aggreed, that the King be dealt with for the restoring
of the ministers of Edinburgh to their places, and a free GeneraU
Assembly to put all matters debatable to a point. The Commis
sioners of the GeneraU Assembly promised to deal with him to
that effect ; but how did they performe their promise in the first,
when some of them said to the King, " Now Sir, seeing- they are
out, blame yourselfe, if ever they anger you again ?" As for the last,
it is true they proceeded not further in their course, at the nixt
Assembly, but matters debatable were not put to a point.
The nixt GeneraU Assembly was appointed to be holden at St
Andrews the last Tuesday of July [1601] ; but, by the King's
direction, it was anticipat, and holden in May in Bruntisland;
wherupon sundry were disappointed. When there was appear
ance that Mr Patrick Simpson was to be chosen Moderator, the
King would needs have the leets changed, and a neutraU man
chosen. So Mr John HaU was chosen, who was no neutraU man,
but a dissembler, and a secret advancer of the King's course.
Mr James MelvUl being detained by sicknesse, sent a letter to
this Assembly. La the letter, he desyreth them to insist with his
Majesty to yeeld to the agreement of the brethren conveened at

118 APOLOGETICAL NARRATION
Bruntisland in March ; giveth his advice for repossessing the mi
nisters of Edinburgh ; for processe against them wUl be hard,
transportation fashious and fuU of inconveniences. He chargeth
them, as they wUl answer to God, to labor for a redresse of that
wrong, which Christ and his Kirk hath sustained by the act and
decreet of Secret CounseU, whereby the ministers of Edinburgh
were discharged to preach at any time hereafter, in any part of the
countrey. He wUleth them to try if proceedings have been con-
forme to the conclusions of the Est Assembly, — otherwise it is not
possible to hold out corruption ; and to complain of the restraint of
the freedome of GeneraU AssembUes, which are now made to depend
upon Ucences, letters, and proclamations ; whereas burgesses and
barrons enjoy their privffedges freely. In end, he layeth down his
commission at their feet, as the pyoner doth his burthen ; for it had
greeved him continuaUy, and now brought him into extreame
danger of his Ufe. Howbeit he was not privy to their greatest
secrets ; yet, ye see, it greeved him to sit somtymes among them,
aud countenance their meetings, howbeit he consented not to
their decreet and sentences. The King took the letter out of the
Moderator's hand, suffered it not to be read, but put it up in
his pocket, and laid it amongst his writs, as Mr James [MelvUl]
was informed.
Mr John Davidson sent his letter likewise to this Assembly.
" Should James and John," said he, " be seeking to sitt, one at the
right hand, another at the left, when Christ is going to Jerusalem
to suffer death? Is it tyme for Baruch to seek great things for
himselfe, when the Lord is about to destroy the thing he hath
planted, and threatneth his people with fearfuU captivity? Is it
tyme for us now, when so many of our worthy brethren are shame
fully thurst out of their places and callings, without aU order of just
proceeding against them, et boni malis deputantur, and Papists,
Jesuits, Atheists, dayly flocking home, are suffered, countenanced,
and advanced to great roomes in the realme ? Is it tyme for us of
the ministrie to be enveigled and blindfolded with pretence of pre
ferment of some smaU number of our brethren, and that, not to

OF THE STATE OF THE KIRK. 119
stand so much in the ordinance and election of the Kirk, as at the
pleasure of the Court, to have vote in Parliament, to ride with foot
mantles, and have the titles of prelacies, and so to make the pre
parative in ourselves of that Hierarchie, as they caU it, which the
Papists mynd with speed to enjoy ? What is this but honorari in
tra palatiwm ad servitutem ? ShaU we, brethren, like Sampson, sleep
stiU in Dehlah's lapp, tiU they cry ' The PhUistins be upon thee,
Samson ?' " and much more he hath to this purpose. In the post
script, he wisheth they wold not determine any thing de presenti,
touching the new planting of Edinburgh, in prejudice of their
brethren not yet displaced by order, for any promise de futuro,
touching punishment of Papists ; for these two cannot consist to
gither. E reason found no place, he desireth them to remember,
that melius et optabilius est egregium bellum, pace impia, et a Deo dis-
trahente. His letter was read in the Assembly, and allowed ; but,
the King aUedging there was treason in it, he was committed to
the Castle of Edinburgh, in May, and afterward confined in his
paroch for his letter, tUl his departure out of this Ufe.
Howbeit the Assembly began with small contentment to either
party ; yet the King, to win the hearts of the people, because of
the jealousie many had of the fact committed at Perth, in August
before, protested, with the tear in his eye, that he should be for
ward for the Kirk and the hberty of the GospeU. For farther
satisfaction, that was approved by the Court, and many of the
ministerie, which before was not only neglected, but mocked at ;
to wit, to rype up the causes of defection in aU estates, from the
purity and zeaU of the practice of true reUgion, and to advise upon
the remedies. So that in this they had a taste of their wonted
Assemblyes. The causes and remedies, for brevitie's sake, I omitt :
" yet," as Mr James MelvUl observeth, " there was smaU sincerity
in the cheef directors and others of that faction ; for, neither were
the chief causes of defection laid open, nor a right course taken
for remedy." The distraction among brethren, the cause, and the
remedy were not touched. The King was so headstrong against
the three ministers of Edinburgh, Mr James [Balfour], Mr Walter

120 APOLOGETICAL NARRATION
[BalcanquaU], Mr WiUiam [Watson], that, for his satisfaction, it
was ordained that they be transported, and planted where the
Commissioners of the GeneraU Assembly shall think expedient.
The GeneraU Commission was renewed, and aU the same persons
almost authorized with it ; so that the plotters were not changed ;
howsoever others wer put out or in as they thought expedient.
About the end of the Assembly the King vowed, holding up his
hand, to execute justice faithfully, to discredit aU such as should
attempt any thing in prejudice of rehgion.
The GeneraU Assembly was appointed, at the last, to be holden
the last Tuesday of July 1602 ; but it was prorogat by the King's
proclamation to the 10th of November, and was holden in the
King's ChappeU at Holyroodhouse. Before Mr James MelviU
gave his voice at the election of the Moderator, he protested as
foUoweth : — " With aU reverence to your Majestie, before I speak
any thing in this Assembly, I must protest, that seeing it is con
veened extraordinarUy, and not at the tyme appointed at the last
Assembly by your Majestie's authority, and is keept here within
your Majestye's palace, a place not accustomed heretofor for hold
ing the Assembhes of the Kirk, whatsoever shaU be done therein
contrary to the Word of God, the former constitutions of the Kirk,
and estabUshed discipline of the same, (which God forbidd,) to be
null, and of no effect, and that it be remedied at the nixt ordinar
GeneraU Assembly of the Kirk of Scotland."
Strict order was taken for visitation of Presbytries and particu
lar kirks, and the order of the Visitors proceedings was sett downe ;
but sundry who wer plotting for bishopricks were nominat Visi
tors ; yea, some to be visitors of the bounds whereof they were al
ready stiled Bishops ; to wit, Mr David Lindsay to be Visitor of
Eosse, Mr George Gladstones, of Caithnesse, that under colour of
visitation they might be put in possession of ecclesiasticaU juris
diction. It was espyed, and the farr greater number opposed,
yet by cunning convoy and the King's authority, it was caryed.
The ProvinciaU Synod of Fife, which conveened at Kinghorn,
in September preceding, aggreed upon some greevances to be pre-

OF THE STATE OF THE KIRK. 121
sented in certain articles to this Assembly : That the GeneraU
AssembUes were not orderly keept, notwithstanding the Act of
ParUament and acts of AssembUes, but the dyets were altered
without the knowledge of the Presbytries and Synods ; that mi
nisters are caUed befor the King and CounseU in prima instantia,
for doctrine and discipline ; that the Government of the chief af
fairs of the Kirk continueth in the hands of some few, under the
colour of a commission, to the prejudice of Synods and Presbytries;
that Doctors of Divinity and Professors of Divinity were debarred
from AssembUes ; that the Assembly hath taken no tryaU hitherto
anent the Cautions set down for avoiding corruption in the Com
missioners, voters in ParUament ; that there is Uttle deUberation
or reasoning had in weighty matters, wherby conclusions passe in
GeneraU AssembUes, almost the half of the brethren gainsaying,
which breedeth distraction. Sundry other particulars they regrate.
Their greevances were often rejected ; but, at last, by reason of
their importunity, they were read. Some others were appointed
to advise with some of them upon the remedies, which were read
in the Assembly and aUowed ; to wit, That the GeneraU Assembly
be keept according to the Act of Parhament 1592 ; that his Ma
jesty proceed against ministers according to his owne declaration,
enacted in the Assembly holden at Dundee 1597 ; that aU com
missions be given and used henceforth according to the acts of the
GeneraU AssembUes ; that Doctors having lawfuU commission have
vote in GeneraU AssembUes ; that the Caveats be looked to and
precisely keept in aU tyme coming, under the pains contained in
the act made thereanent; that nothing be done or concluded in
Assembhes except it be sufficiently reasoned and dehberated. But
how weU wer these things put in practises !
The GeneraU Commission was renewed, wherewith the same
persons were authorized as before.
The brethren appointed to sit on the constant Platt, with the
King's Commissioners, produced their overtures, resolving in three
heads ; [whereof the tenor follows : — ]
" If every particular Minister's stipend being assigned out of

122 APOLOGETICAL NARRATION
the fruits of the Kirk where he serveth, by the benevolence of
the tacksmen, that they may grant to the augmentation of the
said stipend.
" If there shaU be a perpetuaU security made to the said tacks
men of their tithes, upon a speciaU grassum to be condescended
upon for each chalder, for the space of nineteen years ; and to be
renewed yearly thereafter, for the said space, for the like grassum,
upon this condition, that the said principaU tacksmen [shaU
grant and] renew the like security to their sub-tacksmen, for pay
ment of their part of the said grassum pro rata, where any sub-
tacks are.
" Or if the great Benefices shaU be provided to Ministers upon
this condition, that aU the kirks of the prelacies be planted with
sufficient ministers, and be provided with competent Uvings, as the
modifiers of the constant Platt shaU think expedient, and he to
pay to the King's Majesty, yearly, the tenth part of the fruits of
the said benefice which shaU rest by and attour the sustentation
of the said Ministers ; and that aU the inferior benefices shaU be
provided to ministers serving the cure of the said kirks, as weU
Personages as Vicarages.
" Or if aU the great Benefices shaU be dissolved, and the Prelate
to have the principaU kirk of the Prelacie, with the temporaU land
thereof, and the rest of the kirks to be provided with qualified
ministers ; and the said Prelate and titulars of the said kirks to
pay a yearly duety to his Majesty, as the benefice may bear, at
the sight of the Commissioners foresaid."
The King and the plotters purpose was perceaved. A better
overture than any of the three was presented ; to wit, A formed
Platt for planting aU the kirks within the realme, by dissolving of
the prelacies, and planting of fifty Presbytries in their place, of
which the Commissioners should have vote in ParUament. This
was the platforme set downe by Commission from his Majestie
and Estates of Parliament, anno 1597. This overture found no
place ; for the plotters had prepared men for their owne purpose.
So, by the evU advised multitude, the second overture was accept-

OF THE STATE OF THE KIRK. 123
ed, bearing the provision of ministers to aU the prelacies, with the
conditions therein expressed.
It was thought expedient by this Assembly to nominat and ad-
joine others to these who were nominat by the Commissioners of
the Synods, conveened at Holyroodhouse the 15th of October 1600,
out of the which number, his Majesty may make choice of such as he
wUl present to the vacant benefices. The names of the whole num
ber foUoweth: Messrs Eobert Pont, Eobert Howie, James Nicolson,
Alexander Scrimgeour, John Forbesse, Gawen HamUtone, George
Munro, James Eobertson, John Howisone, James MelvUl, Andrew
Knox, Patrick GaUoway, Alexander Douglas, Alexander Lindsay,
Eobert Wilkie, John Spotswood, WiUiam Malcolme, Alexander
Forbesse, John Knox, Andrew Lamb, John Clappertoun, George
Graham, Eobert Bruce, Patrick Lindsay, John Carmichael. This
forme of election is different from that which is set downe before
the Caveats at Montrose. Sundry have been preferred to prelacies
not contained in this roU, nor chosen according to the order con
descended upon before, as Mr John Abernethy, now Bishop of
Caithnesse ; Mr Adam BaUendin, now Bishop of Dumblane ; Mr
James Law, first Bishop of Orknay, and after Bishop of Glasgow ;
Mr Andrew Boyd, Bishop of Argyle ; Mr David Lindsay, now
Bishop of Edinburgh ; Mr John MaxweU, now Bishop of Eosse ;
Mr Thomas Sydserfe, Bishop of Breichen ; [Mr John] LesUe,
the last Bishop of the Isles. Mr George Gladstones, Mr David
Lindsay, and Mr Patrick Blackburne, are not nominat in this
catalogue, because they were already presented to bishopricks.
Sundry are here nominat for the fashion, and rather for a mock
than in good earnest, who were never purposed to accept ; to wit,
Messrs Eobert Bruce, James MelvUl, John Forbesse, John Car
michael, John Knox.
As for Mr Eobert Bruce, howbeit he was suffered to returne
to his native countrey, yet was he never suffered to preach in
Edinburgh again. He was content to acquiesce in the proceed
ings of the ParUament against Gowrie ; but that wold not con
tent the King, unlesse he wold promise to professe it pubhctly in

124 APOLOGETICAL NARRATION
sermon that he was resolved. And if he had, there is no likely-
hood that they wold have suffered him, more than Mr James Bal
four and Mr William Watson ; for they knew very weU the waUs
of Jericho could not rise, if such a trumpet sounded as it was wont
to do in Edinburgh. Nor yet was he suffered to remaine near to
Edinburgh, but confyned many years in the North, and, in the end,
in his own dweUing-house of Kinnaird, where he ended his dayes
the year 1631, [in the 72d year*] of his age.
The same day, (that is, the 25th of February 1603,) that the
Commissioners of the GeneraU AssembUe declared that Mr Eobert
Bruce bis place vaiked, and his re-entrie failled through his owne
default ; they ordained, the King himself being present, Sir John
Ker of Littledeane to adhere to Dame Margaret Whitlaw, (her hus
band, the Laird oflnnerweek, yet Uving,) with whom he had com
mitted adultery before, and to be absolved from the sentence of ex
communication pronounced by the ministers of the South. So weeU
did their proceedings agree with other. Mr James Law, afterward
Bishop of Glasgow, absolved them ; but the Lord justifyed, within
few years, f the sentence pronounced by the ministers of the South.
The King, in his harrangue in the great Kirk of Edinburgh, the
3d of April 1603, two dayes before his departure to England, thank
ed God that he had settled both Kirk and Kingdome, in that es
tate which he mynded not to alter in any wayes, his subjects living
in peace. The hke he promised for the Discipline of the Kirk, upon
the 5th of AprUe, to the Commissioners of the Synod of Lothian,
meeting him above Haddingtoune, when he was in his journey to
England ; but yet [he] could not be moved, at then- request, to
grant rehefe to Mr Andrew MelvUl and Mr John Davidson from
their confynement, nor liberty to Mr Eobert Brace to re-enter in
Edinburgh. When Ormestoun, a Uttle before, had requested for
Mr Davidson, he answered, His hands were bound by a promise
made to the Commissioners of the GeneraU Assembly.
* Bruce was bom about the year 1559 : see Life prefixed to the Wodrow Society
edition of Ms Sermons.
t See Calderwood's History, vol. vi. p. 205.

OF THE STATE OF THE KIRK. 125
A conference was appointed by the King, to be holden in Janu
ary 1604, at Hamptoun Court. Many expected a reformation of the
corruptions of the Church of England ; but some wer appointed to
reason against them who never took them to heart, and were rather
prevaricators, and false, than sincere disputers. The rest were
dashed or mocked. Mr Patrick Galloway sent a coppie of the con
ference, revised, as he aUedged, by the King himselfe, to the Pres
bytrie of Edinburgh, farr different from that which is extant in
print, and yet importing but slender or no reformation. Mr James
MelvUl, being present when it was read, desyred the brethren to
have compassion upon their godly and learned brethren in England,
who were disappointed of the reformation which they had so long
expected ; to be grieved with them ; and to pray for them.
In February and March foUowing, in a proclamation against
Papists, Jesuits and Seminarie priests, the King professed, not
withstanding, that he was much obhdged to him who was Pope
for the present. In another proclamation, * the forme of their
Church government, [and] the Service Book were ratifyed and
approved, and a Convention of the clergie was appointed to treat
and agree upon such orders, canons and constitutions, as were to
be observed in tyme coming. Their Canons and Constitutions
were ratified by the King. So the godly were put out of hope of
reformation; and, not long after, 300 ministers were suspended,
deprived, sUenced or excommunicated. Had we not need then to
doubt of the stabihty of our DiscipUne ?
In the ParUament holden at Perth, in July 1604, when Com
missioners were chosen to treat with the EngUsh upon the Union,
some noblemen, barrons and burgesses craved a clause to be insert
ed in the commission for preserving the estate of rehgion, both of
doctrine and discipline, in the owne freedome and sincerity. They
craved the assistance of the Commissioners of the GeneraU Assem
bly ; but Uttle thought or care had they of the matter which be
wrayed their treachery, and that the overthrow of the Church dis-
* This proclamation relates to the Church of England.

126 APOLOGETICAL NARRATION
cipline and government was intended, notwithstanding of promises
and protestations made in the contrair. Yet William, Earle of Mor
ton, insisted so earnestly in open ParUament, that howbeit the clause
was not insert in the commission, yet, in the first act made in fa
vours of the Kirk, it was provided, that rehgion should not be
prejudged either in doctrine or discipline by this Commission : but
whether it be extant in the Eegister, Earn uncertaine. Mr David
Lindsay, Bishop of Eosse, Mr George Gladstones, Bishop of
Cathnesse, and Mr John Spotswood, Bishop of Glasgow, were put
up in the roU of the Commissioners ; but there foUowed no in
convenience at that tyme, because the Treatie for the Union was
crossed. In a Synod holden at Tranent in August [1604], Mr John
Spotswood and Mr John Law were chaUenged, for seeking, by in
direct means, the overthrow of the DiscipUne. They protested
they had no such intention, but only to recover the Kirk rents ;
yet the brethren being jealous of their proceedings, urged them
to subscrive the Confession of Faith of new with the rest of the
brethren. They subscrived the Confession of Faith, printed in
foho anno 1596, with the rest of the brethren in East and West
Lothian. There remain yet ahve of the subscrivers, Mr Adam
Colt, Mr Andrew BlackhaU, Mr Andrew Mackghie, Mr John
Adamson, Daniel WaUace, Mr David OgyU, Nathaniel Harlaw,
Mr William Penman, Mr William Arthur, Mr Peter Hewat, Mr
Eichard Dicksone, Mr Gavin MackkeU, John Ker, minister at
Line. Howbeit the chief watch-towers of our Kirk, Edinburgh and St
Andrews, were spoUled and denuded of their faithfuU watchmen ;
Mr Brace and Mr Davidson confyned ; yet the plotters for Epis-
copacie, and overthrow of our Church government perceaved,
that their course could not be so speedUy advanced as they
wished, unlesse the Kirk were bereft of her hberty to indict and
hold free GeneraU AssembUes ; because they were to be comptable
to the Generall Assemblies. They laboured that there should be no
Assembly at aU to crave account, till they got strength and power

OF THE STATE OF THE KIRK. 127
to overrule them then as they pleased, nor then, but when they
pleased. This was foreseen by judicious and prudent men of the
ministery, and sundry means were used for preservation of the U-
berty of the Kirk. The Synod of Fife dealt with Mr John HaU,
Moderator of the penult GeneraU Assembly, to intreat for an
Assembly to be holden before the last ParUament, according to the
custome observed in former tymes. He reported, that he had
written to the King, but could not obtain it. The Presbytrie of
Edinburgh wrot to Mr Patrick GaUoway, Moderator of the last
Assembly, when he was last at Court, to deaU with his Majesty to
the same effect. After diverse delayes of answers, at length he
promised to return home to that end ; but when he and the Bishop
of Eosse returned from Court, no such effect foUowed ; yea, they
reported in a fuU Convention of ministers, directed from Synods,
that the King had answered, It was needless, because nothing was
to be treated at the nixt Parhament but the Union of the two
Eealmes, whereby the order and discipUne of the Kirk was nowayes
to be prejudged. The Commissioners from Synods aUedged the
union could not be concluded, without union of Churches in go
vernment and forme of worship ; and that such as voted in the
name of the Kirk, were bound by the Cautions to propone nothing
in ParUament or any other convention, without express warrand
and direction from the GeneraU Assembly. The new-named
bishops and other Commissioners of the GeneraU Assembly, ad
vancers of the EpiscopaU course, were not pleased with such
answers, and, therefore, broke up the conference, as was their cus
tom when they were crossed. When the dyet appointed by the
last ordinary General Assembly was approaching, Sir David Mur
ray, Lord of Scoone, brought from Court, among other articles, one
for continuation of the Assembly.
The Commissioners of the GeneraU Assembly, at the King's di
rection, sent their letters to the Presbytries in June, and prorogat
the dyet appointed by the last GeneraU Assembly to the first
Tuesday of July 1605, or a shorter dyet upon new advertisement,
declaring it was his Majesty's pleasure. The Presbytries, forbearing

128 APOLOGETICAL NARRATION
to offend his Majesty, acquiesced, yet ceased not to crave the dyet
to be hastened, by reason of urgent necessities. Iniquity did
abound ; idolatrie did increase ; Jesuits and Seminarie priests traf-
fiqued and traveUed through the countrey securely ; malefactors
eluded the inferior judicatories of the Kirk, by appeUations to a
GeneraU Assembly, which they did never expect.
The Presbytries of St Andrews, notwithstanding, resolved to
keep the dyet appointed by the last Assembly, to wit, the last
Tuesday of July 1604 ; because the warrand of keeping it was
greater than the warrand of continuation, seeing the Union intend
ed was nothing hindered thereby. Messrs James MelvUl, WiUiam
Erskine, WiUiam Murray were directed, as Commissioners, to that
effect, who presented their commission to the parish kirk of Aber
deen upon the last Tuesday of July, about four afternoon, before
Messrs Peter Blackbume, James Eosse, Archibald Blackburne,
ministers at Aberdeen, John Bough, minister at Nigg, Mr Thomas
Nicolson, Commissarie of Aberdeen, George Nicolson burgesse, and
Mr Thomas MoUison, Walter Eobertson, David Marr, notars, and
withaU presented their protestation which was read in their audi
ence, and subscrived in their presence. They made their protesta
tions by word conforme thereunto, and took documents and instru
ments in the hands of the con-notars. In this Protestation they
protested, that they were there present for keeping the said Assem
bly, that it desert not, so farr as in them lay ; and protested, befor
God, that whatsoever dammage, detriment, or interest the Kirk of
Scotland shaU incurr by the neglecting of the said Assembly, it be
not imputed to the Presbytry of St Andrews : and for remedy,
agreeable to the Word of God, laws of the realme, acts and consti
tutions of our Kirk, and the old practice and hberty thereof, when
God shaU think expedient.
Howbeit this day was not keept, yet it was prorogated, at his
Majestie's desire, by a letter sent the Presbyteries, subscrived
by the King's Commissioner and the last Moderator, and con
tinued till the first Tuesday of July 1605, at the farthest, unlesse
they were advertised of another dyet sooner, and declared it

OF THE STATE OF THE KIRK. 129
was his Majestie's pleasure. The best affected brethren in the
North were touched with remorse for their own neglect, when
they observed the carefuUnesse of the Presbytry of St Andrews,
and considered the weight of the matter itself. The three brethren
directed to Aberdeen, advised them to direct from the nixt Synod,
which was to be holden at Aberdeen, in August, their letters to
other Synods, to request them to direct some of their number
to be present at the Synod which was to be holden at St Andrews,
where they may lay open their greeves, and crave their concur
rence for a GeneraU Assembly. A great number conveened at St
Andrews, especially out of the South and the West. Lowrestoun,*
(the King's Commissioner for Kirk affairs, after the death of Sir
Patrick Murray) being informed that they purposed to hold a
GeneraU Assembly, had letters from the CounseU in readynesse to
discharge their meeting ; but when he observed their proceedings
he approved aU, and willed them to warne other Synods, to direct
their Commissioners to Perth in October, to conveen with the
Commissioners of the GeneraU Assembly. When they wer as
sembled at Perth, Lowrestoun desyred the Commissioners from
provinces to conveen apart, and to advise upon articles and peti
tions to be sent with him to his Majesty. They went apart, ut
tered their greeves to others ; regrated heavffy the decay of the
hberty of the Kirk ; the usurpation of the Commissioners of the
GeneraU Assembly, taking upon them the whole government of the
Kirk; the inconveniences falUng forth thereby in aU the pro
vinces ; the want of a free GeneraU Assembly. How soon these
things came to the knowledge of the Commissioners of the Ge
neraU Assembly, they were not suffered to conveen any longer
apart. Many wold have continued their meeting apart, if the rest wold
'' have consented. When they conveened with the Commissioners
of the GeneraU Assembly, they insisted chiefly upon two gree
vances : one, That the Commissioners nominat by the last Assem-
* Sir Alexander Stratoun of Laureston (in Angus) knight. In the MS. the name.
is variously written, Lowrestoun, Lawrestoun, Lauriston.
I

130 APOLOGETICAL NARRATION
bly, or rather some few of their number, arrogated to themselves
the whole government of the Kirk, and the power of the GeneraU
Assembly ; doing and undoing what they thought good, under the
name of it ; and redacting the Kirk to an oligarchic, notwithstand
ing, by good reason, their commission expyred, when the diet for
the nixt Assembly appointed at the last was past. The other,
That the new named bishops took upon them the boldnesse to rea
son and vote in Earhament, without any commission from the
Kirk, to the great shame of the Kirk. To the first, the Commis
sioners of the GeneraU Assembly answered, That their Commis
sion was to continue till the nixt Assembly : they were weary of
that office, but the King wold deaU with no other, and that they
wold find, if they attempted anything without them ; which last
was true : but better none at aU, than such. As for the first
part, The effects proved that they were not wearied, but that they
might continue [they] procured prorogations of the Assembly;
for their commission was the chief mean, whereby they wrought
their owne advancement. To the nixt, Both bishops and other
Commissioners not yet preferred, answered : " Let the breakers
of the Cautions be severely censured." " I wold he were hanged,"
said Mr George Grahame, " above aU thieves, that presseth not
to the outtermost to see the Cautions keept, to hold out corrup
tion, the pride and tyrrany of bishops ;" and yet he himselfe had
entered lately to the Bishoprick of Dunblane, without acknowledg
ing the Kirk, contrair to many promises made by himselfe before.
The Commissioners from Synods replyed, That ther was not a jot
of the Cautions observed, either in the entry of bishops, or in their
behaviour after their entry: they neglected their flocks, posted
to Court, and returned Lord Bishop. The Commissioners of the
GeneraU Assembly desyred the brethren to reserve their greev
ances to the GeneraU Assembly ; wherat they promised concur
rence, and, if they failled, were content never to be esteemed as
brethren again. It was replyed, That aU greevances were remitted
to a Generall Assembly ; and, in the meantyme, such as feared con-
trolment, and had credit at Court, procured continuation tUl cus-

OF THE STATE OF THE KIRK. 131
tome had corroborated corruption, and moyen were made even
amongst the ministery, for their advancement and standing be
twixt them and Christ by it, when he shaU caU them to an ac
count. In the end, they aggried upon four points to be petitioned :
First, That a GeneraU Assembly may be holden without offence
Of his Majesty, according to the Act of Farhament, and custome of
the Kirk. Second, That order may be taken with Papists and
contemners of the censures and discipUne of the Kirk. Third,
That their godly and faithfuU brethren persecuted by the EngUsh
Bishops may be suffered to enjoy their offices and livings. The
Court claw-backs opponed prophanely and ridiculously to this
point, tUl they were dashed and put to sUence. Fourth, Anent
the Platt, because some brethren were prejudged by the last mo
dification. Lowrestoun promised to deaU faithfuUy with the King for these
points ; but the plotters could undermine aU by their secret letters.
Mention being made of hastening a GeneraU Assembly at the last
Synod of Fife, holden in Burntisland, Lowrestoun, being now re
turned from Court, and there present, withstood it with aU his
might, and shewed he had an expresse article in commission,
not to permitt it ; howbeit, seven severaU tymes supplication was
made for preventing the tyme appointed, because of the incon
veniences arising through the delay. But the Commissioners
answers tended all to delay ; yet the Ministery were put in fuU
assurance, that if the dyet wer not prevented, yet the tyme ap
pointed should hold without faiU. But when the dyet appointed
in July 1605 was approaching, the Commissioners of the GeneraU
Assembly sent letters to the Presbytries to supersede that dyet,
tiU after the nixt approaching ParUament, without intimation of
another place or dyet to which the Assembly should be continued.
It was not sent till the tyme was so near that one Presbytery could
not understand what another had done. And what think ye was
to be done at the nixt ParUament? Even the restitution of the
Estate of Bishops.
i2

132 APOLOGETICAL NARRATION
The Ministery having used aU these means to procure his Ma
jestie's consent for hastening the Assembly, the last day appointed
by the Commissioners former letter of continuation approaching ;
the Presbytries and Synods, seeing the many inconveniences al
ready faUen forth through the delay of it, and greater hke to foUow
upon the deserting of it, to wit, the losse of, the Kirk's hberty to
indict GeneraU Assemblyes, directed their Commissioners to keep
the Assembly. For, by the Act of ParUament 1592, the GeneraU
Assembly preceeding must appoint the nixt Assembly foUowing,
with his Majesty's or his Commissioner's consent, if they be pre
sent. If, therefor, that dyet be not keept, and Assembly holden,
there cannot be another dyet appointed by the Kirk ; and so there
could be no Assembly holden but when it pleased the King and the
aspyring Frelates. What great consequence there was in the losse
of this hberty, judicious men of the ministery saw then, and the
whole countrey feeleth now. Bishops usurp and overrule, without
controlment or censure of Assemblyes ; Poperie and Atheisme in
crease ; Arminianisme is taught and maintained pubhckly ; inno
vations are brought into the worship of God; and many are in
danger of revolting from the Eeformed Beligion. The GeneraU
Assemblyes were the bulwark of our Kirk, whereupon dependeth
the preservation of the true rehgion [and] of the purity thereof
in doctrine and discipline. Zealous and faithfuU ministers were
carefuU to maintain that hberty which the Kirk hath from
Christ, her King, and confirmed by the lawes of the countrey;
speciaUy seeing other Estates were so carefull at this tyme to
maintain their hberties.
Of the Commissioners directed from the Presbytries, some keept
the first [appointed] day of July, that is, the second day, according
to the first letter of prorogation sent by the Commissioners from
Perth, 4th July 1604. Others come not tiU the fourth and fifth
dayes, because the last letter directed from Edinburgh in June
last, when the dyet was approaching, which was subscrived by the
same persons that subcribed the former, for staying of the said
Assembly, did advise the Presbytries to whom it was directed,

OF THE STATE OF THE KIRK. 133
not to keep the first day of July, as if the first day had not been
appointed before. So it feU forth, that aU that came to Aberdeen
keept not one dyet. Whether this was done purposely to frustrate
their meiting, that the first seeing so few, and no appearance of
moe, might dissolve before the rest came, let any man judge who
wiU observe the proceedings of the plotters hithertiU ; and then
judge, if there be any honesty in such tricks.
Upon the 2d day of July 1605, repaired to Aberdeen these
Commissioners from Presbytries : Mr Eobert Durie, minister at
Anstruther ; Mr Andrew Duncan, minister at CraU ; Mr John
Sharp, minister at Kilmany ; Mr Andrew Strachan, minister at
Creigh ; Mr John Forbesse, minister at Aufurd ; Mr WiUiam For
besse, minister at Kinbethok; Mr James Eving, minister at Touchej
Mr Eobert Youngson, minister at Clatt ; Mr Eobert Eeid, minister
at Bancherie-Trinity ; Mr Charles Fairholme, minister at Fraser
burgh ; Mr William Davidson, minister at Eathen ; Mr David Eo-
bertson, minister at Eugley ; Mr John Munro, minister at Taine ;
Mr Archibald Blackburne, minister at Aberdeen ; Mr James Eosse,
minister at Aberdeen ; and John Eough, minister at Nigg.
After that Mr James Eosse, ordinary minister of the towne, had
ended his sermon, they wer purposed to begin the Assembly ; but,
missing the Moderator of the last Assembly, Mr Patrick GaUoway,
and supposing that sundry of their brethren were stayed through
injury of the weather and rising of the waters, they conveened in
the kirk with Lowrestoun, the King's Commissioner, and with
mutuaU consent continued their downsitting till two afternoon.
At two afternoon, they conveened in the session-house of the kirk
of Aberdeen. Immediately after incaUing on the name of God by
Mr David Eait, Moderator of the last ProvinciaU Assembly holden
at Aberdeen, they sent for Mr Thomas Nicolson, the ordinar Clerk
of the Generall AssembUes. La the meantyme, Lowrestoun en
tered, sat downe among them, presented a missive from the Coun
seU, indorsed to the Ministery conveened in their Assembly at
Aberdeen, and desired it to be read and answered. It was an
swered, That it could not be orderly receaved, read, nor answered,

134 APOLOGETICAL NARRATION
tUl a Moderator wer chosen. Lowrestoun named Mr John For
besse to be mouth to the rest ; but they answered, It behoved them
to keep the order of election. He removed of his owne accord,
lest, as he himself aUedged, he should be chaUenged for seeming
to approve the said election by his presence, in case it should hap
pen that he and they could not agree. The ordinary Clerk was
desired likewise to do his office, and remain with them; but he
refused, tUl he might see their proceedings content Lowrestoun,
and removed himself likewise. Thereafter, Messrs John Munro,
Eobert Durie, John Forbesse wer put on the leets ; but when they
wer to remove, the brethren, willing to acquiesce in Lowrestoun's
nomination, stayed them, and aggreed that Mr John Forbesse
should be Moderator. After that he had incaUed the name of
God, they chose Mr John Sharp to be their Clerk for the tyme.
Thereafter, the CounseU's letter was read and considered. As for
the first point, Concerning the dissolving of their present Assem
bly, it was concluded, that they would suspend aU treating of
matters tUl a new Assembly. As concerning the second, which
was, Not to appoint any new dyet for another General Assembly,
it was thought necessary to appoint a new dyet for the reasons
above mentioned ; yet they thought it expedient first to acquaint
Lowrestoun, and to desire him to nominat a day, long or short, to
which they wer resolved to condescend. He returned at then-
request, and found himselfe weU satisfied with their answer to the
first point ; but as to the second, he refused to assigne any tyme,
long or short, howbeit they assured him they were ready, for the
respect they had to his Majesty, to continue as befor, to a certain
day, if his Majesty desyred them. After reasoning, at length he
was brought to consider the expedience and necessity of that
point, but wold not condescend, because, as he aUedged, he had
not a warrand. It was therfor declared unto him, that it behoved
them to appoint a day ; whereupon he removed himselfe again
willingly, howbeit he was desyred by some brethren to stay and
hear what was concluded. He aUedged as befor, that he did it
for fear to be chaUenged. The door was always ready to be

OF THE STATE OF THE KIRK. 1 35
opened to him, first and last, when it should please him to re
enter. After his removaU, the treating of aU matters was con
tinued tUl the last Tuesday of September nixt, the tyme appointed
by them for the nixt Assembly to be holden at Aberdeen ; and
it was ordained, that intimation be made to aU the Eresbyteries
within the realme, that they might send their Commissioners to
the place, and at the day appointed.
When they were about to dissolve, Lowrestoun returned, and
protested, That he did not acknowledge their meeting for a lawful
Assembly from the beginning, because of the absence of the last
Moderator and the ordinar Clerk of the GeneraU Assemblyes.
The Moderator, in name of the brethren, protested, That it behoved
to be a lawfuU Assembly notwithstanding, in respect of the war
rand of God's Word, lawes of the countrey, constitutions, con-
tinuaU custome and practise of the Kirk, and a particular warrant
for that day and place subscribed by himselfe, Mr Eatrick Gal
loway, Moderator of the last Assembly, and Eichard Thomson,
Clerk to the Commissioners of the GeneraU Assembly. Lowrestoun
caused John Wishart, messenger, charge them, under the pain of
horning, to suffer their Assembly to desert. The messenger gave
the Moderator, in name of the rest, ane coppie of the charge.
This was needlesse ; for they had already concluded to dissolve
¦upon the expresse desire of the Lords of Secret CounseU's letter.
The charge being read and considered, the Moderator, at direction
of the brethren, took documents and notes in the hands of the
messenger, who was also a notar pubUck, that they were ready
instantly to obey the charge, and that in presence of diverse wit
nesses. He refusing the benefit of his office in that part, they dis
solved after the Moderator had given thanks to God, — went im
mediately to the common Clerk, Mr Thomas MoUeson's chamber,
and took instruments and documents in his hands, of their obe
dience to the said charge.
Upon the Fryday after, come sundry Commissioners from other
Presbyteries of Kyle, Carrick, Cunninghame, Lothian, Merce,
Strathem. They were partly hindered by the speats of waters ;

136 APOLOGETICAL NARRATION
partly deceaved by the Commissioners missives sent to their Pres
byteries to inhibit them, pointing at the fifth day. Mr John
Welsh, Mr Nathan Eagles, Mr James Greig,* Mr John Young, Mr
Archibald Simpson, Mr Abraham Henderson, NathanieU Harlaw,
Mr Thomas Abernethie and John Eosse, finding the brethren dis
solved before their coming, and having receaved a subscribed
coppie of their proceedings, went togither to the place where the
Assembly was holden, and for the discharge of their commissions,
took documents in the hands of two notars, that they were come
to keep the said Assembly, and finding the same dissolved, did
ratifie and approve the proceedings thereof in their own names,
and in the names of the Presbyteries that sent them.
The Commissioners reported their proceedings to their own
Presbytries, which were approved in aU points, as also by other
Presbyteries. Lowrestoun made a sinistrous report of their proceedings at
Aberdeen, and that he had discharged them, by open proclamation,
at the mercat crosse of Aberdeen the day preceeding, to hold any
Assembly. Upon the 24th of July, Mr John Forbesse, being in Edinburgh
of purpose to satisfy the Lords of Secret CounseU anent the al-
ledged disobedience to his Majestie's charge, was warned by a
macer to compear before the Lords of Secret CounseU. There
conveened betwixt six and seven in the morning, six Lords and
seven or eight Bishops, and Commissioners of the GeneraU As
sembly, Mr Patrick GaUoway, Mr James NicoEon, Mr John HaU,
&c. They conveened the more timously to prevent the ordinar
tyme of the CounseU, where they feared the opposition of some of
the NobUity. He was commanded to enter in waird in the Castle
of Edinburgh, because he wold not condemne the Assembly
holden at Aberdeen ; howbeit he was content to submitt himselfe,
and the proceedings thereat, to the judgment of the Generall As
sembly. Mr John Welsh, being also in Edinburgh, was charged,
* Hero, and also at page 138, Scot's MS. makes the name Craig, instead of Greig
or Greg, minister of Colmonell, in Stranraer.

OF THE STATE OF THE KIRK. 137
by a macer, to compear before the CounseU the nixt day following ;
because he refused to take his oath super inquirendis as he appre
hended, howbeit he was willing, upon the knowledge of particular
interrogatories. He was committed to the jayUe of Edinburgh
tiU eleven hours, and then both he, and Mr John Forbesse, were
transported to Blacknesse.
Upon the 25th of July, charge was given, by open proclama
tion, to the provests and baiUies of burghs, speciaUy of Aberdeen,
to suffer no ministers to enter within their bounds upon the first
Tuesday of September nixt to come, nor eight dayes before or after
to hold any Assembly, as was appointed by the ministers lately
assembled at Aberdeen.
Upon the 2d of August, Mr Eobert Durie, Mr Andrew Duncan,
Mr Alexander Strachan, and Mr John Sharp, being summoned
before, compeared before the CounseU, and were sent to Black
nesse, because they refused to condemne their proceedings at
Aberdeen. In the mean tyme the pest broke up in Edinburgh, Leith, St
Andrews, and other parts of the countrey.
Upon the 8th of August, Presbyteries, Sessions, Synods, and
Ministers in particular, were discharged, by proclamation, to
authorise, approve, justifie, or aUow the proceedings of the minis
ters at Aberdeen. Noblemen, gentlemen, barrons, magistrats and
other leidges, were charged to report to the CounseU when they
heard any minister, either in sermon or private conference, justify
their proceedings, or condemn the proceedings of the Counsell,
&c, with certification if they faUled, &c. Much bussinesse was
there made for the annuUing of this Assembly, because of their
appointment of a new 'Assembly for preservation of the Uberty
granted by Act of ParUament ; which Uberty standing, there was
no appearance that Episcopacie could be advanced.
Upon the 3d of October, other fourteen ministers, who had been
at Aberdeen, being cited, compeared befor the Lords of the Secret
Counsell. Seven of the number wer committed to waird for the
same cause that other brethren wer befor : Mr Charles Fairholme,

138 APOLOGETICAL NARRATION
and Mr John Munro in the castle of Downe ; Mr Nathan Inglesj
and Mr James Greig in the castle of Dumbarton ; Mr James E-
ving, and Mr WiUiam Forbesse, and John Eoss, in the castle of
Stirhng. Mr Archibald Blackburne, Mr Eobert Youngson, and
some others, were drawn to confesse, that if they had known what
they did then, they wold not have holden that Assembly, and,
therefor, wer suffered to return to their chairges : but Mr Eobert
Youngson repented, and compeared at the nixt dyet before the
CounseU with the imprisoned brethren. Mr Thomas Abernethie
stood to the Assembly, tiU he heard that he was to be confined in
Innemesse ; then he desired to be heard again, and submitted him
selfe ; wherupon he was suffered to return in peace. Some who
were at that Assembly wer not cited, and so spared by God's
providence. The Synod of Fife was appointed to be holden in Dumfermling
upon the 2d of September ; but the ministers were not suffered
to enter within the towne ; for the ChanceUour had given the Pro
vost, the laird of Pitfirren,* direction to that effect, which was con
trary to the Uberty granted by the Act of Parhament. They
went to Innerkeithing to hold their Synod. They agreed upon a
fast for the pest; the imprisoned brethren; the restraint of the
GeneraU AssembUes. None, except five or six, wold agree to the
holding of a GeneraU Assembly at the day and place appointed
by the brethren assembled in July at Aberdeen ; yea, hardly
could they be brought to seek a prorogation, because of the near-
nesse of the tyme appointed, tUl May, with consent of the King
and other Eresbytries ; but this took no effect. They had smaU
hope that any supplication would be receaved but from the Com
missioners of the GeneraU Assembly, and feared farther trouble to
the imprisoned brethren.
The imprisoned sent an ample Apologie to the King f to clear
•their cause, by a right information of their proceedings at their
* Sir Robert Halket of Pitferrane.
t This Apology or Supplication to King James, dated from Blacknesse, 2d Septem
ber 1605, is printed in Calderwood's Hist. vol. vi. p. 322-332.

OF THE STATE OF THE KIRK. 139
Assembly holden at Aberdeen, after they had been five weeks
imprisoned ; and, withaU, a supplication for Uberty and release ;
but were not heard.
Because it was thought, that the Kirk was altogither spoiled of
power to indict and hold GeneraU AssembUes, and that we were
not to have GeneraU AssembUes again, a GeneraU Assembly was
proclamed to be holden at Dundee the last Tuesday of July ; but
no mention was made in what year, which was as much as to say,
" Ad Grcecas Calendas"
The imprisoned Ministers, after thirteen weeks imprisonment,
were summoned to compear befor the CounseU upon the 24th of
October 1605, to hear and see it to be found and declared, That they
have very contemptuously and seditiously conveened, assembled
and proceeded ; and therfor, their said Assembly, and approbation
thereof, to be decerned and declared unlawftdl, and they to be pu
nished in their persons and goods, for their unlawfuU holding and
approving of the same, or else to shew a reasonable cause why the
same should not be done ; with certification, &c.
The imprisoned Ministers compeared at Edinburgh the 24th of
October 1605, and gave in their supphcation, beseeching the Lords
to remitt the tryaU of their cause to the Generall Assembly, the
only judge competent ; seeing the lawfuUnesse, approbation or dis-
aUowance of a GeneraU Assembly, or proceedings thereof, belongeth
to the GeneraU Assembly, and the GeneraU Assembly foUowing
hath ever aUowed or disaUowed the Assemblies preceeding and their
proceedings ; as also because, in the last proclamation, his Majesty
expected reparation of aU misorders at the nixt Assembly. The
supphcation was read, but rejected; and they were urged, by the
King's Advocat, Sir Thomas HamUton of Monkland, knight, to an
swer to the lybeU ; whereupon they were constrained to give in the
declinature foUowing : —
My Lords of Secret Counsell, — Please your Lordships,
the approbation or disallowance of a GeneraU Assembly hath been,
and should be, a matter and cause spiritual!, and always cognosced

140 APOLOGETICAL NARRATION
and judged by the Kirk, as Judges competent within this realme :
And seeing We are caUed before your Lorships, to hear and see it
found and declared, that we have very contemptuously conveened
and assembled ourselves in a GeneraU Assembly, at Aberdeen, the
first Tuesday of July last bypast ; and therefore, the said Assembly
and approbation thereof, to be decerned and declared to be unlaw-
fuU; as at more length is contained in the summonds executed
against us thereanent : We, in consideration of the premisses, and
other reasons to be given in by us, have just cause to dechne your
Lordships judgment, as no wayes competent in the cause above
specified ; and by these presents, We simpliciter dechne the same,
seeing we are most willing to submitt ourselves to the tryaU of
the GeneraU Assembly, only judges competent. By these presents,
subscrived with our hands, as foUoweth, the 24th of October
[1605.] (Sic subscribitur,)
Mr John Forbesse. Mr James Greg.
Mr Eobert Durie. Mr Chas. Ferholme.
Mr John Welshe. Mr Eobert Youngson.
Mr John Sharp. Mr John Munro.
Mr John Eosse. Mr Will. Forbesse.
Mr Andrew Duncan. Mr James Irving.
Mr Nathan Ingles. Mr Alex. Strauchan.
They were urged, notwithstanding, to answer the lybeUed sum
monds, which they did for clearing of their cause, but under pro
testation, and adhereing to their declinature. Their answers were
amplyfied afterwards, upon occasion of their Apologies and Suppli
cations. The summe of aU I have drawn up as foUoweth :—
Suppose the whole lybeU were admitted, it foUoweth not that
their meeting or proceedings were unlawfuU; because the true
ground and warrant of ecclesiasticaU meetings are suppressed, to
wit, the liberty which Christ, the Head of the Kirk, hath by his
authority given to his Kirk ; and yet the civiU approbation of the
Christian magistrate, moved of Christian duty, in testification of
his subjection to Christ, is aUedged as the only warrant. For

OF THE STATE OF THE KIRK. 141
this was holden as a sure ground, that the office-bearers of the
Kirk may assemble when need requires, in name and authority of
Christ, the Head of the Kirk, for exercise of disciphne and order
ing the affairs of the Kirk ; that no King, Erince, nor Magistrate
may bereave them of this power and Uberty, but ought to main-
taine and conserve the same ; that the magistrate's power is cumu
lative, not privative. And farther, Mr James MelvUl, in his Apo-
logie for the imprisoned,* wUleth it ever to be observed, " that the
Assembhes convocated, by the King appointing tyme and place by
his letter and proclamations, (suppose there were an hundreth of
them,) are not the ordinary Assemblyes of the Kirk, because they
flow from the civill magistrate ; which is the ordinance of man, and
is not %ag;<rfia imvpartKOV, a spirituaU gift and ordinance of Christ,
the Head of his Kirk." He desireth it also to be observed, that,
in the Act of ParUament 1592, the King and Estates take not
upon them to give power to conveen in GeneraU Assemblyes, but
do only ratify and approve their power already given by the au
thority which God hath given them.
To the reason aUedged for contempt and sedition, That against
the provision of the Act of Parliament 1592,f they conveened and
proceeded, not only without his Majesty's or his Commissioner's
consent, but contrary to his expresse command, and wer signified
by the Commissioners in their letter, the CounseU's missive,
Lowrestoun his Commissioner, and against a pubhck charge of
homing, proceeding upon an act of Secret CounseU, executed
against them at the crosse of Aberdeen, the day preceeding : It was
answered then, and before, and after, as they were urged, That the
Act of Parhament is no instituting law of Assembhes, but a simple
approbation of them as they are appointed by the Kirk ; that in the
* " An Apologie for the Prisoners of the Lord Jesus, presentlie in the Castle of
Blacknesse, September 1605," written by Melville, is contained in Calderwood's His
tory, vol. vi. pp. 298-322 ; and also in the Wodrow Society edition of James Melville's
Diary, pp. 593-6.
t This famous act contained an express provision, that the King or his Commis
sioner, along with the Ministers, should appoint the time and place of the next meet
ing of the General Assembly.

142 APOLOGETICAL NARRATION
said approbation, it is declared, that it shaU be lawfuU to the Kirk
to hold GeneraU Assemblies once in the year, and oftener, as occa
sion shaU requyr ; that the provision of the act imports not nullity
of the foresaid Uberty or approbation, but rather the contrary ; be
cause it concerns no wayes the action of conveening or holding
Assembhes, but only the nomination of tyme and place, and that
not simply, but upon condition of their presence, where the Assem
bly is holden, neither yet absolutely, although they be present,
but conjunctly with the Assembly; and, lastly, because the said
provision, in the last part thereof, beareth expressly, that it shaU be
lawfuU to the Kirk by themselves, without either his Majesty or
his Commissioner in case of their absence, to appoint tyme and
place for the nixt Assembly, and so consequently to assemble and
proceed without either his Majesty's or his Majesty's Commission
er's presence or consent. Mr James MelvUl, in his Apologie, de
sireth it to be considered, that the provision is not privative or
derogative to the lawfuUnesse of the meeting ratified by the act,
with this or the hke clause — " otherwise not," so that if the pro
vision be not observed, the Ucence shaU be null : but added only
for the strengthening and furtherance of the Assembly, that his
Majesty, by himself or his Commissioner, shaU concurr; as the
clause added clearly beareth, where it is said, " As they have been
in use to do these tymes bypast." But to come to the assumption,
They had his Majestie's consent in the GeneraU Assembly, holden
at Halyroodhouse in November the last, before his departing out
of the countrey, where he voted first, that the nixt Assembly should
be holden at Aberdeen the last Tuesday of July 1604. Howbeit
that dyet was not keept, yet it was prorogat at his Majestie's
desire, by letters sent to the Presbytries subscrived by his Com
missioner, Lowrestoun, and the Moderator, Mr Patrick GaUo
way, and continued tiU the first Tuesday of July 1605 ; which day
was keept by the imprisoned ministers be the direction of their
Presbyteries. As for the letter sent by the Commissioners of the Generall
Assembly to the Presbyteries, a little before the appointed dyet,

OF THE STATE OF THE KIRK. 143
1. It did bear no command, but a simple advice. 2. The impri
soned had a more authentick and more evident signification of his
Majestie's wUl, declared in the Assembly holden last at Halyrood-
house, where, with his owne consent, tyme and place were appoint
ed ; which dyet was prorogated to another at his direction : which
was more authentick than any aUedged discharge sent in article
from the King to the Commissioners. 3. At that same Assembly,
aU power of prorogation, or altering tyme or place of the Assembly,
was taken from the Commissioners, with his Majestie's owne conT
sent, for remeed of the greevances given in to that Assembly, for
the delayes and alterations made by them, without advice of the
Synods and Presbyteries : where also it was ordained, that the
dyets of GeneraU AssembUes be appointed and keept, precisely ac
cording to the Act of Parhament 1592, which was of greater force
than the Commissioners [letter], who had no power to discharge.
4. The ordinance of the Assembly, the Act of ParUament, the
continuaU practice and custome of the Kirk, requyred a definit
prorogation to a certain day and place ; but their letter appointed
no other day nor place : which imported rather a plain deserting,
than a lawfuU continuation, and consequently a losse of the
Uberty which was ratifyed by ParUament, and therefore could
not, with a safe conscience, be obeyed. And lastly, their advice
was, not to keep the first day ; but their Assembly was holden the
second day according to a letter direct from them befor. Of their
pohcie in pointing out the fifth day for the second, we made men
tion before, and what effect it wrought. It is true, it was their
intention to discharge simpliciter; but it was not the duty of
ministers to quyt their Uberty.
As touching the CounseU's missive, they were conveened with
Lowrestoun's owne advice and consent, and their convention
sanctifyed by incaUing of the name of God. Before the missive
was presented to them, he mett with them, and presented the mis
sive to them as lawfully conveened, and requyred an answer to it.
It was read and considered, and obeyed in all points, except the
indiction of a new day, which, for preservation of the liberty of

144 APOLOGETICAL NARRATION
the Kirk, could not be omitted without perfidie. What contempt
is it to deny the request of the CounseU, when contrair to a law ?
As for his Majesty's Commissioner his credit and disassenting, he
made no opposition to their downsitting, but consented ; secondly,
he presented the CounseU's letter, desired it to be read, considered,
answered, and removed himselfe to that effect ; thirdly, he acquies
ced, and was satisfied with their obedience to the first part of the
letter, touching their dissolving ; and as touching the second part,
the nomination of a new day, he denyed that he had any commis
sion at aU theranent, and therefore refused, either by himself or with
them, to appoint a new day. Neither did they make any indiction
tUl, after reasoning, he was forced to confesse that they had reason
to stick on that point, howbeit he could not consent thereto him
self, as having no commission to that effect ; and tiU that, plainly he
had signified to them, that it was thought they should never have
a GeneraU Assembly therafter.
As concerning the charge of horning execute the day before,
there was no intimation made of any such charge, either by him
self or by bis officer, or any other in his name ; neither was any
such thing known to them, as they were ready to depone upon
their oath. Second, Lowrestoun being conveened with them,
gave them just occasion by bis speeches to conceave there was
no such thing ; for he affirmed, that although he might have
had charges, yet he wold rather use the CounseU's letter of re
quest. Third, The pretended execution and indorsation bewray
ed the forgerie, bearing that it was an open proclamation warrant
ed by two witnesses, Lowrestoun's own domesticks aUanerly ;
whereas diverse honest men, at the time aUeged, were in and about
the pubhct mercat place, and yet no man could be found to bear
witnesse that he heard it, except these his two domestics. Fourth,
Why caused he charge them personaUy upon the second day when
they were conveened, and about to dissolve, without mention or
intimation of any charge the day preceeding ? Fifth, Though the
execution had been true, yet it cannot import the punishment con
tained in the lybeU, seeing it was not according to the Act of Par-

OF THE STATE OF THE KIRK. 145
hament, Jam. VI. Pari. 11. 1587, which beareth, That no letters
importing tinsell of hfe or moveable goods, shaU be of force, except
they be execute in open tyme of day, betwixt eight hours in the
morning and twelve at noon, before famous witnesses. But the in
dorsation of the pretended execution, did bear, that they were exe
cuted betwixt seven and eight in the evening. Sixth, When they
were charged personaUy, upon the second day of July, where they
were conveened, they obeyed, as the instruments taken in the
hands of three notars could testify. The truth is, this charge could
neither bring them in contempt, nor caU their proceedings in
question, because it was given after that they had done aU that
they had to doe for that tyme. Therefore that other charge was
forged, as given pubhckly at the crosse of Aberdeen, the day pre
ceeding the Assembly, and was given in by the Laird of Lowres
toun as executed against them to the CounseU. Which charge,
by diverse supphcations given in to the CounseU, the imprisoned
offered to reduce and disprove ; but could never be heard. And
yet, by virtue of that pretended charge, were they put to the horn.
Albeit aU the former grounds of intimation of his Majestie's will
were true, and had come to their knowledge, yet could they not be
found guUty of contempt or sedition in their meeting or proceed
ings ; in respect of the Act of Parhament, Jam. VI. Pari. 6, 1579,
act 92, and law made in Eobert the II. dayes, .cited De Verborum
Significatione ; both freeing the civU jurisdiction and judgment from
all contempt of his Highness authority, or of the Lords of the
Secret CounseU, albeit they should proceed in judgment according
to the law, notwithstanding any private writing, charge or com
mand directed in the contrary, by bis Majesty, or the Lords of
Secret CounseU, or any command directed to them, under the
Great Seal, Privie SeaU, or Signet, repugnant to the law ; where
upon it must foUow, much more a spirituaU judicatory, that has no
institution nor ground from civU authority, but from the Word of
God, which is in nature different and distinguished by the ordin
ance of God, and laws of the land : and albeit not instituted, yet
approved by the Acts of Parliament, it may proceed lawfuUy, not-
K

146 APOLOGETICAL NARRATION
withstanding of any foresaid signification of his Majestie's wiU in
the contrair, or the Lords of Secret CounseU, and yet be free of
aU contempt or seditious proceedings. In the Assembly holden at
Dundee in May 1597, Sess. 7, the article, that there be no conven
tion of pastors without his Majestie's knowledge and consent, &c,
the King being present, his consent was declared to be extended
to aU and whatsoever forme of GeneraU Assembly or SpeciaU, per
mitted and authorised by bis Highness' laws, according as they
have warrant in the Word of God, as being the most authentick
forme of consent that any King can give. Nixt, The King's Com
missioner was not only present with them, but agreed to their
down-sitting ; acknowledged their authority by presenting the
CounseU's missive; craved an answer to it; and consented to di
verse things done at that meeting. His consent was craved in
every thing, and obtained in some things.
As for the formahty of their proceeding, their work being such
as concerned the Government of the house of the Lord, and so
therein subject to the censure of the overseers of God's house, so
they submitted themselves and their proceedings to be censured
and judged according to the Word of God, by a lawfuU and free
GeneraU Assembly ; yet in their Apologies, written upon occasion
at other tymes, they justify the formahty of their proceedings.
And first, That the Moderator of the last Assembly was not
present was no impediment to them to hold an Assembly, seeing
his absence was through his own default and undutiftdly, and
therfore, another was chosen in his roome. There was no preach
ing at the beginning of the Assembly, because the last Moderator
who should have had the exhortation came not, and no other wold
undertake it, upon so short ane advertisement ; yet it was sup-
plyed by the ordinary doctrine of one of the ministers of the towne
where they conveened. As for the election of the new Moderator,
the leets were made, after prayer conceaved by the Moderator of
the Synod at their appointment, seeing one behoved to do it. As
for not removeing those who were upon the leets out of the Kirk
tUl one of the number was chosen, it was needlesse. Such circum-

OF THE STATE OF THE KIRK. 147
stances were not to be stood upon, when the substance was in
periU. Neither ought they to chaUenge this forme, who chaUeng
ed it, (the Commissioners of the GeneraU Assembly,) if they wold
have caUed to rememberance, how that, at the Assembly holden at
Perth anno 1596, without^ any doctrine or leets, the ordinary
Moderator, Mr Eobert Pont, being absent, Mr David Lindsay, at
the nomination of two or three brethren, entered Moderator, the
rest who wer present not being asked. As for the ordinary Clerk,
he refused to do his office, through fear, being threatned by
Lowrestoun, the King's Commissioner : therfore he was dispensed
with, and another, one of their owne number, was chosen to be
their scribe, as was the custome of Synods and Presbyteries. As
for the place, it was not private ; but the place where the Presby
terie or Synod sitt ordinarly, and as pubhck as the CounseU house
of Dundee or Edinburgh, where GeneraU Assemblies have some-
tymes been holden. Such trifling matters are not to be stood upon
when they are unavoidable.
As for the rarity of their number which mett, that proceeded
partly of the weather, partly of the Commissioners' trick in point
ing at another day in their last letter than was appointed befor,
which caused some come only against the fifth day. Nixt, In an
Assembly of the servants of Christ, where the number is not de-
fyned by a law, rarity maketh it not unlawfuU, speciaUy where the
meeting is ordinary and estabUshed by law, to which aU that have
interest may resort, and which may be judged lawfuU and ap
proved by the nixt ordinary meeting, like as this was afready ap
proved by many Presbyteries. Thirdly, For any thing was done,
there were moe than needed, a number sufficient to fence the As
sembly with prayer, and to continue it to another day for causes
moving them, with thanksgiving in the end. This hath been
practised in our ParUaments and in the Kirk before, as at St An
drews, in AprUe 1597, wherof we have made mention before.
As for those that came after, they had the hke commission and
the same warrand to come. The not keeping the right day was to
be imputed to the Commissioners of the GeneraU Assembly. As
k2

148 APOLOGETICAL NARRATION
for their approbation, they could understand no unlawfuUnesse in
the proceeding of their brethren, seeing their approbation con
cerned only their written processe according to the subscribed
coppy receaved by them. Equity requyreth that the GeneraU
Assembly should judge, befor their approbation be judged unlaw-
fuU. In the written processe they found no signification of any
preceeding charge, the chiefe ground of the aUeged contempt.
Last of aU, that it was against aU order that Commissioners, direct
ed from" their Presbyteries, should be chaUenged for executing
their commission, namely, the execution being approved by their
Presbytries, and the Presbytries themselves past by.
The CounseU giveth out sentence against them according to the
summons, notwithstanding of their declinature, and answers given
in to clear them of the crymes aUedged against them in the lybeU,
but, under protestation, that they nowayes admitted their Lord
ships as judges competent in this cause, persewed against them
anent the GeneraU Assembly. So they were remitted to their
severall wairds.
The discovery of the Powder Treason made men to think that
the King wold desist from troubhng of poor ministers, either in
England or in Scotland, where aU the congregations were requyred
to give thanks to God for so great a benefit. But the Earle of Dum-
bar was sent downe from Court, in the beginning of January, to
put six of the number, to wit, such as were imprisoned in Black
nesse, to the tryaU of an assize : Mr John Forbesse, Mr John
Welsh, Mr Andrew Duncan, Mr Eobert Durie, Mr John Sharp,
Mr Alexander Strauchan. They were put to the tryaU of an assise
the 10th of January, and brought out of Blacknesse to Linlithgow
tymously in the morning ; not having had a sufficient tyme to ad
vise with the Advocats anent their defences, howbeit they were to
answer in a matter concerning their life. Before they were brought
to the barr, some counseUors were directed to them to move them
to take up their declinature. After they had advised with some
other brethren of the ministery, of which number Mr Adam Bal-
lantyne was one, they answered, They were content to take up

OF THE STATE OF THE KIRK. 149
their dechnature, providing the CounseU wold delete the whole
processe and decreet standing against them. The Lords answered,
The CounseU could not annuU the decreet, it being registrat.
Others were directed again to them with some advocates, and ad
vised them to passe from their dechnature pro loco et tempore ;
assuring them that the CounseU wold passe from aU processe and
persute. Howbeit they were clear and resolut in the cause, yet
they wold not answer without advisment with their brethren, who
were come to the towne, to the number of thirtie or thereabout.
It was thereafter answered, That the testimony given could not be
caUed back again, without prejudice of the truth. They desired
likewise to be suffered to advise with their owne Presbytries at
home, upon caution to returne to prison ; but it was refused.
The whole brethren accompanied the six imprisoned ministers to
the barr, about one afternoon. There were present the Lords of
Secret CounseU ; John, Earle of Montrose ; Alexander, Earle of
Dumfermhng, ChanceUour ; John, Earle of Marr ; Alexander,
Earl of Linlithgow ; George, Earle of Dumbarr ; Patrick, Lord
Glammes; Alexander, Lord Elphingstoun ; James, Lord Aber-
crombie ; David, Lord Scoon, CountroUer ; James, Lord Balme-
rinoch, Secretar to his Majesty, and President to his Highness
CoUedge of Justice ; Mark, Lord NewbatteU; John, Lord Mur
ray of TuUibardine ; Walter, Prior of Blantyre ; John, Commen-
dator of Holyroodhouse ; Sir James Douglasse of Whittinghame ;
Mr John Prestoun of Pennycook, CoUector to his Highnesse ; Sir
Eichard Cockburn of Clerkingtoun, Lord Privy SeaU ; Sir Eobert
MelvUl of Mordocarnie knight ; Alexander, Master of Elphing
stoun, and Sir William Livingstoun of KiUsyth, to assist the Jus-
tice-Deputt, Mr WiUiam Hart, as assessors in this cause. Sir
Thomas HamUtone of Monkland knight, compeared as advocat
against them. So the CounseU was both their partie and judge.
They desired that Mr Thomas Craig and Mr WiUiam Oliphant
might be urged to plead for them; but the Justices refused it,
howbeit according to law, he [they ?] might have done it.
Mr Thomas Hope and Mr Thomas Gray undertook the cause.

150 APOLOGETICAL NARRATION
At that tyme, indeed, Mr Thomas Hope pleaded faithftdly and
skilfully for the Kirk. The dittaes wer read, importing their
treasonable dechnature of the King's royaU authority, grounded
upon an Act of Parhament anno 1584.* The substance of Mr
Thomas Hope's defence was as foUoweth : — That their declinature
was not against either the title or intention of the law ; (but I
judge it should be for the law,) and was only made against such
as did derogat from the King's royaU authority ; but their dech
nature left full to him bis owne soveraignty. The law served
only against such as were summoned super inquirendis; but they
were accused and committed to prison for a deed and an action.
Their dechnature was only proponed by way of defence, and,
therefor, cannot be counted treason. The law, having the penalty
of treason to strengthen it, is odious, and therfor, should not be
enlarged, but rather restrained. That which is treason in one
case expressed, is not to be extended to other cases not expressed.
That law judgeth not such a fact to be treason, but only forbiddeth
such a thing under the pain of treason. The act bearing aUenarly
the incurring of treason, the pain can never be justly inflicted,
unlesse the fact be found treasonable by the law. No law defineth
the dechnature of an incompetent judge to be treason ; neither did
they dechne the King's judicatory simply, but the CounseU's, and
only in this and the like causes. That they were ever, and yet are
content to be judged by his Majesty and the GeneraU Assembly ;
seeing, according to the Word of God, and lawes of the realme
which have distinguished the civill and ecclesiasticaU jurisdictions,
the matters of the Kirk ought to be judged and cognosced by the
Kirk and her Assemblies, which wer as weU ratified and confirmed
by the lawes of the countrey, as any other judicatory. To judge
of the lawfuUnesse or unlawfuUnesse of a GeneraU Assembly be-
* In the second Act of this Parliament, the King, his heirs and successors, by them-
"selves and their Councils, are declared judges competent to all persons spiritual or tem
poral, in all matters wherein they shall be apprehended, summoned, or charged to answer
such things as shall be inquired of them by our Sovereign Lord and his Council : And
it is statute and ordained, that none decline the judgment of his Highness, his heirs
and successors, or their Council in the premises, under the pain of treason.

OF THE STATE OF THE KIRK. 151.
longed to the GeneraU Assembly, and hath been the practice of
our Kirk, even when his Majesty was present ; as, for example, the
Assembly holden at Perth, anno 1596, was controverted, notwith
standing his Majesty was present at it himselfe. He was so farr
from claiming the judgment of the lawfulnesse of it to himselfe
or to his CounseU, that at the nixt GeneraU Assembly holden at
Dundee, he did require the'question to be decided there, as pro
perly belonging to that judicatory. It hath been lawfuU and in
continuaU practice, that his Majesty and Secret CounseU, in sundry.
causes, have been dechned, and the cause drawne to the ordinary
competent judge ; as matters civiU to the Session ; matters crimi-
naU to the Justiciarie ; matters of divorcement to the Commissars ;
yea, the meanest regahty hath power to dechne Supreame Justi
ciaries. Farther, that Act of Parhament was repealed by another
act anno 1592, which derogated from the former, in so farr as it
was prejudiciaU to the office-bearers of the Kirk, in matters of re
ligion, heresie, excommunication, coUation of benefices, and depri
vation of ministers, ecclesiasticaU censures, &c. The King's Advo^
cat aUedged their contempt of the King's letters of horning, and
the command of the CounseU, which was answered befor ; that in
aU matters, as weU as in super inquirendis, a decUnature was treason
able ; that the holding of an Assembly at any certain day or place
is not one of the particulars mentioned in the statute 1592, and,
therfor, doth not abridge the statute 1584 : but this was sufficiently
answered before, in their answers to the UbeU. It is to be remem
bered, that the Act of ParUament which is the ground of the pro
cesse, was made in a tyme of desolation, both of the Kirk and
Commonwealth, when the chief men, both of Kirk and Common
wealth, were forced to forsake the land ; neither was any convict
before of treason for their declining the CounseU, notwithstanding
of the said act.
Befor the pronouncing of the interloquitor, because some might
have offended at the word simpliciter, in the declinature, where
.they say, " We decline the judicatorie of the Lords of CounseU
simpliciter, in the cause foresaid," as if they had dechned simpliciter
their judicatorie ; the panneUed explained the clause, and protest-

152 APOLOGETICAL NARRATION
ed to the Lords, that in aU civUl matters they acknowledged his
Majesty, and the authority of his Privie Counsell, as farr as any
other subject ; but as for the affairs of Christ's kingdome, ecclesi
asticaU affairs, which God had distinguished from the former, they
lawfuUy did decUne the judgment of any civUl judicatorie. The
interloquitor was not formally voted, but pronounced after secret
rounding.* The Justice-Deput, Mr William Hart, gathered the
votes on the one side, and ChanceUour Seaton on the other side.
AU the exceptions and defences aUedged were repeUed, and the
interloquitor pronounced, as if aU the assessors had agreed to the
same, howbeit some made opposition in the mean tyme ; yea,
some of the CounseU reported, that none consented to the interlo
quitor, but only the Earle of Dumbarr, the President, the Chan-
ceUor, the Earle of Montrose and the ComptroUer. And indeed,
Mr Thomas Hope wan such credit that day, that it was steadable
to him ever after, tiU he himselfe became the King's advocat. Mr
Thomas Gray, a man both zealous in rehgion and skillfull in the
lawes, was not deficient on his part.
After the interloquitor was pronounced, the assize was called
and taken sworn. The most part were utterly ignorant of such
matters, or prophane atheists and godlesse hvers ; Mark Swinton of
Innerkeething [was] a Papist, Neither was the matter reasoned in
presence of the assize conforme to the law ; the most part of them
being unentered in the place of judgment, till they were caUed to
be sworn, and inclosed. The assisers were these foUowing : Sir
John Livingstoun of Dunipace ; Sir Archibald Sterling of Keir ;
Sir John Forrest of Cardenn ; Sir John Hume of North Berwick ;
Sir George Hume of Broxmouth ; James Shaw of Sauchie ; Mark
Swinton of Innerkeithing ; Henry Stewart of CraighaU ; George
Hume of the Deanes ; Gavin Hume of Johnscleugh ; Thomas
Livingstoun of Panton ; Eobert Livingstoun of West-quarter ; Sir
Patrick Hume of Polwart ; James Gibb younger of Carribber ;
Alexander Hume of Eentoun. The Earle of Dumbarr had drawne
on a number of his owne surname of Hume to be upon the assize.
* Hounding, whispering.

OF THE STATE OF THE KIRK. 153
Some of them had suites at Court. Some of them were mean men
and might be easily induced, or terrifyed. Many were unknowne
to the panneUed, untUl they were there presently nominated. Yet
they made no exceptions, because they feared others, as prophane,
might be chosen in their roome ; for they perceaved how matters
wer contrived. CraigiehaU, a dissolute man, and at the horn, was
chosen to be ChanceUour of the assise.
Their Advocat desyred the assizers, first, to consider that it
was not the naked deed of declyning that was the dittay of the
impanneUed, but the quahty of the deed, to wit, that it was a
treasonable dechnature which was to be tryed; therfor desyred
them to judge whether the .dechnature was treasonable or not.
The assise, notwithstanding, was commanded to cognosce, and
make inquest of no more but that they had declyned, in respect
the Justice and Lords had already found it treasonable. Their
Advocat willed the assisers to remember his defences, which he
resumed shortly, and to judge truely and equitablie, and not ac
cording to the aUedged lawes, not only repeaUed and abrogated
in part, and made in a violent tyme, [but also] not weU ground
ed, against which at the very proclaming at the mercat croce of
Edinburgh, Mr Eobert Pont and Mr Walter BalcanquaU, in name
of the whole Kirk of Scotland, took protestations and documents
of their disassenting, in the hands of George Mackeson, notar
pubhct. After he had subjoined his exhortation, Mr John For
besse foUowed, and deduced summarily their proceedings at Aber
deen ; explained the word simpliciter, which they used in the de
clinature ; willed the Lords and Gentlemen of the assise to remem
ber, that they wer as weU bound by the Confession of Faith to
mantain the discipline professed in our Kirk as they were. After
that he had read a passage of the Confession concerning this pur
pose, he inferred they could not but be guUtie of perjurie if they
decerned, for pleasure or fear of any man, that to be treason which
they had subscribed themselves. Mr John Welshe foUowed, with
his discourse upon the grounds of their dechnature, and willed
them to understand, that they were not the first that declyned the

154 APOLOGETICAL NARRATION
CounseU in the hke cases ; that ther was a dechnature of the King
and CounseU subscrived by three or four hunder ministers, or
thereby ; yea, by some of the Commissioners of the GeneraU As
sembly, and those who wer caUed Bishops, who were then the only
men that procured aU their troubles, and upon whom they there
laid the burden of aU the troubles which they had suffered or were
to suffer. He read, likewise, a passage of the Confession of Faith,
which concerned the present purpose. The King's Advocat in
terrupted him, and wiUed the assize to consider, that they had no
more to try, but whether the impanneUed had dechned or not,
which was not denyed. The Justice-Deput desired the assize to
remove in aU haste. Mr John Forbesse, perceaving there was no
longer stay, charged the Earle of Dumbar to report to his Majesty,
in their names, what punishment foUowed upon the breach of the
oath made to the Gibeonites, and how the hke was to be feared
was to faU upon his Majestie, his posterity and the whole land, if
they violat the great oath which they had made ; and then he read
another passage, of the Confession, which concerned equivocation
and double deaUing.
After the assize was inclosed, Dunipace moved so the assize,
that they were inclined to absolve the impanneUed. Whereupon
some were directed to deaU with the assisers, and some wer ap
pointed to deaU with the ministers of the panneU; whereas, ac->
cording to the lawes, none should have accesse to the assisers after
they be inclosed ; for by the statute made in the eleventh Farha
ment Ja. VI. July 29, anno 1587, act 91, it was ordained that aU
assisers be inclosed, and none suffered to repair to them under any
pretence whatsomever, nor any one of the assise to come forth, till,
after agreement, they return their answer to the Judge : otherwise,
the person to be pronounced clean, and innocent of the crymes
aUedged, and laid to his charge. So if the benefit of the law had
been granted to them, they should have been declared innocent;
for it was sufficiently known that the ChanceUour of the assise
came forth to the Justice and the Lords, and some, to witt, the
.Clerks, resorted to the assise. Much traveU was taken to per-

OF THE STATE OF THE KIRK. 155
swade the assisers, that no harme was intended to the impanneUed
in their person, life, or goods, to induce them to fyle the impan
neUed ; yet six of the number cleansed them simpliciter : Sir John
Livingstoun of Dunipace, Sir Archibald Stirling of Keir, Gavin
Hume of Johnscleuch, Eobert Livingstoun of West-quarter, Thomas
Livingstoun of Panton, James Shaw of Sauchie. When the Chan-
ceUour of the assise returned, and reported the verity of the jury,
Dunipace professed he absolved them not only as innocent of trea
son, but also as honest ministers, faithful servants to Christ, and
good subjects. It was no excuse to the rest to fyle them upon as
surance of their hfe ; for the imputation of a cryme is as grievous
to an honest man as the losse of his life.
The Judge continued the sentence tiU the King's wUl and plea
sure should be farther known, and ordained the empannelled Mi
nisters to be carried back to their wairds, and to be straitly keept,
that no man have accesse to them. The Ministers embraced one
another, and thanked God for his presence in the whole action.
They were conveyed to the place about ten hours at night, and
some of the guard were appointed to attend upon them. The
people said, " Certainly it is a work of darknesse to make Christ's
faithfull ministers traitours. God grant the King were never in
greater danger than by such traitors." Upon the morne they were
convoyed to Blacknesse. Messrs Andrew MelvUl, James MelviU,
John CarmichaeU, and other ministers accompanyed them, where
they parted with thanksgiving, prayers, and many teares, and more
confirmed in the cause.
The King and the Commissioners of the GeneraU Assembly
thought it now fitt tyme, when the ministers imprisoned in Black
nesse wer convicted of treason, to try the patience and constancie
of the rest of the ministery ; so terrifyed, as they supposed, with
the trouble of those, that they thought nothing wold be refused.
Therefor the whole Synods of the realme were, by the King's di
rection, appointed to conveen in the month of February, in their
owne shyres and bounds respective, aU upon one day. So one
Synod could not understand the resolution of another. The King

156 APOLOGETICAL NARRATION
had his Commissioner or Commissioners at every Synod, to crave
answer to the five articles.
These five Articles foUowing wer directed to the Synod of
Merce and TiviotdaiU, with Mr David M'GUl younger, a Senator
of the CoUedge of Justice, and Mr Gavin Hamilton, Bishop of
GaUoway. 1. That in the nixt ensueing GeneraU Assembly, no former acts
made in any preceeding Assembly (his Majesty being present), be
in any way touched, altered, or interpreted.
2. That the estate of Bishops be not meddled with, but continued
in the same condition they are presently in, tUl his Majestie's far
ther pleasure and wiU be knowne.
3. That there be no alteration of any of the Commissioners, ex
cept upon the tryaU of some notable fault in their doctrine, life,
and conversation.
4. That notwithstanding of any appellation, the Commissioners
shall proceed ; they always for their proceeding being answerable
to the nixt GeneraU Assembly.
5. That they acknowledge the warrant of their meetings to come
by permission of the Prince.
Whether the same Articles were directed to aU the Synods, or
others more grosse, as was reported, I am uncertain ; but the Synod
of Merce and TiviotdaiU rejected those above expressed ; and others
did the like, or referred to the GeneraU Assembly.
The ministers of the French and Dutch churches at London,
being misinformed, and stirred up by some courtiours and court
ministers, sent a letter to the ministers of Edinburgh, to regrate
the behaviour of the imprisoned ministers. Whereupon the Minis
ters imprisoned in Blacknesse returned answer, or a true Apologe-
tick ; and likewise wrote a prolix and pithie Letter to their brethren
here at home, wherein they deduced their proceedings since their
Assembly holden at Aberdeen ; which I omitt, because the proceed
ings have already been sufficiently deduced in the preceeding history.
Only this is to be remembered, that they paint out the Commis
sioners of the GeneraU Assembly in their owne colours ; affirming,

OF THE STATE OF THE KIRK. 157
that, under the pretence of a Umited commission from the General
Assembly, they arrogated to themselves the full jurisdiction and
authority of the Kirk in aU things, and dayly did promove their in
tended change of the estate of our discipline, in bringing us under
the bondage, first of a perpetuaU dictatura, under the title of Com
missioners, as the fynest cover of their intentions, and nixt of an-
tichristian slavery of the Hierarchie ; that their purposes were dis
covered by their speeches, by the presentation of some of them to
their Bishopricks, with fuU authority over their brethren, and sunr
dry other signs ; but especiaUy by open profession, in publick, at
aU the Synods of late, where the perpetuaU dictatorship and lordly
domination is perceaved to be the chief stay of our Assembly,
which they fear must needs faU if these hold, and is the chief
cause which moveth them with such hatefuU enmity to persist
against them for their meeting at Aberdeen ; because thereby they
thought their enterprise, almost accomphshed, was somewhat im
peded. By the craft of the Bishops, report was made to the King that
ChanceUour Seaton was upon the counseU of holding an Assembly
at Aberdeen. Wherupon the Earle of Dumbarr was sent downe to
try him ; but, partly by the assisting of his friends at home, and
partly by the Queen and the Inghsh Secretarie their moyen, he
enjoyed still his office, without exact tryaU whether it was true or
/false ; and so Mr John Spotswood, Bishop of Glasgow, the delator,
was disappointed ^it that tyme.
In the moneth of July 1606, a Parhament was holden at Perth,
wheras befor it was appointed to be holden in Edinburgh. The
pretended cause of the change was the pest, which was almost
none at aU. But Perth was, at that tyme, a place fitter for setting
up of Bishops upon the stage of honour than Edinburgh, where
they were most odious.
At this Parliament, the Commissioners of the GeneraU Assembly
were urged by Commissioners from Presbyteries, to crave that the
Cautions might be insert in the Act of Parhament, which was to be
made for confirmation of the Estate of bishops. They went to the

158 APOLOGETICAL NARRATION
Lords of the Articles for a fashion, knowing, very weU, that it
wold be refused. ChanceUour Seaton said plainly, " We enter not
Bishops according to the act of an Assembly, but according to that
they were an hundred yeares syne." The Commissioners urged no
further, howbeit this answer was not answerable to the provision
made in the act 1597, concerning ministers vote in Parhament;
nor agreeable to equity, that ministers should vote in Parhament,
the Kirk not consenting, or, at least, not consenting but upon con
ditions, and with limitations, agreed upon by the King himself and
his bishops. The Commissioners from Presbyteries had no place
to urge, nor yet wold have been heard ; that charge lying upon the
Commissioners of the GeneraU Assembly. They desired them to
censure Mr John Spotswood, then Bishop of Glasgow, who had
spent the greatest part of the sermon he had before the Parhament
against the estabhshed disciphne ; but they refused. Mr Patrick
GaUoway having taught upon the Lord's day, in tyme of Parha
ment, that it was not the King's intention to sett up Bishops,
Lords in Parhament, to be lords over the brethren, or to have
any jurisdiction over them; and, therefore, to prevent corrup
tion, Cautions wer set downe by his Majesty and the GeneraU As
sembly, which, if they contraveened, they shaU be esteemed in
famous, the Ministers moved the Commissioners of the Assembly
to conveen, and offered to prove that the Bishops had broken aU
the Cautions, both in their entry to their bishopricks, and in their
behaviour after. But the Commissioners of the GeneraU Assem
bly referred the tryaU to the GeneraU Assembly, which, said they,
is to be holden at Dundee the last Tuesday of that instant month
of July. But at the rising of the ParUament it was prorogat tiU
May 1607. So there was no true meaning neither in their words
nor their deeds. Mr WilUam Couper, minister at Perth, had a
sermon before the Estates the day preceeding the sitting down of
the Parliament, to the great contentment of aU the godly ; which
is yet extant to his great conviction. But none was suffered to
preach again during the tyme of the Parhament, but such as
favoured the course of Episcopacie. To this end it was aUedged,

OF THE STATE OF THE KIRK. 159
that the King had sent downe expresse direction who should
preach. The Ministers, finding that the Cautions were not admitted by
the Lords of the Articles, thought it necessary to protest. A pro
testation was formed by Mr Patrick Sympson, minister at Ster
ling ;• wherunto Mr James MelviU added a part, which he amphfyed
after, and confirmed in every point. The protestation was sub
scribed by these ministers foUowing: Messra Andrew MelvUl,
James MelviU, WiUiam Scot, James Eosse, John Carmichael,
John GUlespie, WiUiam Erskine, Collin CampbeU, James Mure-
head, John Davidson, John MitcheU, John Coldan, John Aber-
nethie, James Davidson, Adam Banantyne, John Eow, William
Buchanan, John Kennedie, John OgUvie, John Scrimgeor, John
Malcolme, James Burden, J. Bleckfurd, James Strauchan, James
Eow, William Eow, Eobert Mercer, Edmond Myles, John French,
Patrick Sympson, John Dykes, William Young, William Couper,
WUliam Keith, Henry Duncan, James Mercer, Eobert ColvUl,
William Hogg, Eobert Wallace, John Weems, David Barclay,
WUliam Cranstoun ; Mr David Calderwood, and some others, who
coming to Perth afterward, subscribed likewise. Of these who
subscribed three turned afterward Bishops : Mr John Abernethie,
Mr Adam Banantyne, and Mr William Couper. La this protesta
tion they desyred the Estates to remember, if they should autho
rise the preheminence of Bishops above their brethren, they wold
bring into the Kirk of God the ordinance of man ; and, that which
experience in aU preceeding ages hath testyfyed to have been the
ground of great idlenesse, grosse ignorance, unsufferable pryde,
pitilesse tyranny, shamelesse ambition, and of that antichristian
Hierarchie, which cUmbed up upon the steps of the prehemencie of
bishops, untiU that Man of Sin come forth as the rype fruits of the
wisdome of man. They desyre them to beware to strive against
God with a displayed banner, by buUding up again the waUs of
Jericho, which the Lord has not only demohshed, but also laid
under an horrible execration and interdiction ; to remember their
oath and subscription, the slander of the gospeU, defamation of

160 APOLOGETICAL NARRATION
many preachers, offence of the people, hearing preachers accepted
in their owne persons, the dignity, pomp, and superiority, which
before they damned openly in others. They affirme, that if these
few aspiring preachers go forward in their defection, not only ap
propriating to themselves aUanerly, but also taking upon them
such offices as carry with them the ordinary charge of governing
the civill affairs of the countrey, and finally seek to subprdinat
their brethren to their jurisdiction, they are more worthy, as rot
ten members, to be cutt off from the body of Christ, than to have
superiority and dominion over their brethren. They offer to prove
that this Bishoprick, which is sought to be erected, is repugnant to
the Word of God, the ancient canons and fathers of the Kirk, the
tenets of the modern most godly and learned Divines, the doctrine
and constitution of our Kirk, the lawes of the Eeahne, prejudiciaU to
the weeU and honor of the King and the realme, especiaUy of the
Nobility, and to the weeU of the Kirk. La end, they protest, in
name of the Kirk in generaU, and of their Presbytries in particular,
and in their owne names, against the said bishoprick and bishops,
and the erection, confirmation, or ratification of their Estate at this
present Parhament ; most humbly craving, that their protestation,
in substance and forme as it was sett down, might be admitted by
their Honors, as registrat among their statutes and acts, in case
these Bishopricks be aUowed, erected, ratified, or confirmed.
Mr James MelviU had in readinesse the verification of the points
which they offered to prove in the Protestation, which are already
extant in print in the " Course of Conformity," and the substance
sett down before in the Eeasons against ministers vote in Parha
ment. Only this is to be observed, that, in proving their Estate to
be prejudiciaU to the honor and weeU of the noblemen and estates
of the realme, he sayeth, " Set me up these bishops, once caUed
long since, the ' Prince's led horse,' nothing, howsoever unlawfuU
and pernicious to the Kirk or the realme, if it shaU be borne forth
by the countenance, authority, care and endeavour of a King, it
shall be carryed through by his Bishops in Parliament, sett up and
entertained by him for that effect, and the rest of the Estates shall

OF THE STATE OF THE KIRK. 161
serve like cyphers. They have their Lordships, livings, honor and
estimation, profit and commodity from the King, as other Estates
have not. The King may sett them up and cast them down, give
them and take from them, put them in and out at his pleasure ;
therefore, they must be at his direction, to do what liketh him.
He may deaU with them without law, because they are sett up
against law : he cannot deaU so with other Estates ; for they have
either heritable standing in their roomes, by the fundamentaU
Ewes, or a commission only from the Estate that sent them, as from
burgesses or barrons. Deprave once the EcclesiasticaU Estate,
which hath the gift of knowledge and learning beyond others, and
is supposed to be of best conscience, because so it should be, the
rest wUl easUy be miscarryed ; and that so much the more, that
the Officers of Estate, the Lords of Session, and other judges
that have their offices from the King, are commonly framed after.
the Court affection, others for commodities and advancement may
easily be corrupted, and so nothing shaU passe in Farhament with
out the Bishops and that faction. Yea, let the ChanceUor, Secre-
tarie, Treasurer, President, ComptroUer, and other officers, take
heed that these new Prelates, as covetous and ambitious as ever
were those of old, insinuating themselves by flatteries and obsequi-
ousnesse in the Prince's favour, attaine not to the bearing of aU
these offices, and exerceing of the same, as craftUy, avariciously,
arrogantly and cruelly, as ever the PapisticaU Prelates did." As
for the weeU of the subjects, he foreteUeth, that aU true reUgion,
or the fruitful! use of it for the feeding of souls, wiU decay. If
there arise a Popish or prophane Prince they must alter with him,
please and obey him, or losse' their places, honors, riches and
pleasures ; which they wUl not do, because they have already given
their consciences, honesty, truth and credit before man, as a price
for these things of the world. E true reUgion stand, what care
wiU they have, notwithstanding, of feeding of souls, that have
sold their owne for the world ? AU their care and travell must be
to keep Court, to acquyre more plenty of goods, honor and plea
sure. Inferior ministers, for the most part, wiU foUow their
L

162 APOLOGETICAL NARRATION
fashions, whereupon shaU foUow atheisme, licentiousnesse and
prophanity among the people. DiscipUne being put in their
hands, they wiU make merchandise of it in favours of this or that
nobleman, of this or that courtier ; for such use to be men-pleasers,
and darr not displease others by the execution of discipline, lest
it should strike against themselves, commonly more guilty and
slanderous than any other. E any succeeding Prince please to
play the tyrant, and govern not by his Ewes, but by his wul and
pleasure, signifyed by missives, articles, and directions, they wiU
never admonish him as faithftdl pastors wold do, (for such they
are not, have not lawfuU calling, nor authority from God and his
Kirk) ; but as they are made up by man, they wiU flatter and please
man. As they stand by the Prince's affection, so they wUl by no
means jeopard their standing, but wiU be the readiest men to put
his wUl and pleasure in execution ; suppose it were to apprehend
his best subjects, namely, such as stand for the lawes and liberties
of the realme, and to cast them into dark and stinking prisons, or
to banish them from their native countrey. Unlesse men of what
soever degree cappe and kneeU to them, and give them their am
bitious stUes and places, suppose against their hearts, they shah
not misse to be crossed by them in their affairs, and to be traduced
at Court by them or by their means. The Bishop in his owne city
and among his vassaUs, wUl think himselfe a pettie Eoy. E any
under him, refuse to serve him with whatsoever they have, means
shaU be found to piU and poU him. If the Prince be prodigaU, or
wold inrich his courtiers by taxations, impositions, subsidies and
exactions, laid upon the subjects, who shall be so ready to impose
them in Parhament or Convention, as those who are made and sett
up for the like service ?
The Lords of the Articles rejected, likewise, the Protestation.
It was therefore thought meet, that a coppie should be presented
to every Estate as they satt severaUy, and to some speciaU noble
men. Much was promised by the Commissioners of burghs and
barrons when they were conveened apart ; but the most part were
won either one way or other to the King's purpose. There rested

OF THE STATE OF THE KIRK. 163
only a protestation to be made in open ParUament. The last and
most solemne day, he [Andrew MelviU] got entry with great diffi
culty into the ParUament House. How soon he was espyed to
rise, of purpose to speak, one was sent to him to charge him to
depart, which, notwithstanding, he did not until he had made his
mind knowne.
A paction was made betwixt the Lords which had the Kirk
rents and the Bishops, That the Bishop should consent to the erec
tion of a number of other prelacies in temporaU Lordships, and
the Lords of Erection shah consent to the confirmation of the
Bishops new gifts, to their restoration to the old rents, Uvings,
privUedges, which their predecessors had in time of Poperie. When
ministers vote in ParUament was agreed upon in the GeneraU As-
sembUe, it was agreed, also, that there should be fifty-one voters.
Now, by the erection of these Prelacies the Kirk was defrauded of
so many voters, whereas they pretended great zeaU for ministers
vote in ParUament, to vindicate the ministry from contempt and
poverty. I confesse they had an intention even then to procure a
revocation, whereof they have given since evident prooff. Such
was their treachery both against God and man.
The first day of the Parhament ten Bishops rode betwixt the
Earles and Lords, of which number was Mr Peter EoUock, Bishop
of Dunkelden, as having place in Parliament, in respect of his bene
fice only, for he was never a minister ; but the last day they went
on foot to the Parhament House, because they got not the place
nixt the Marquesses.
The first act of this Parliament, which concerned the King's
supremacie, was keept a long tyme so closse, that the Clerk durst
not let any have the extract of it. The second concerned the re
stitution of the Estate of Bishops, as the reader may see it at length
in the Acts of ParUaments. In the third, It was ordained that no
Bishop may sett in few, tacks, or otherwayes, or dispone any part of
the patrimonie of their bishopricks, without the advice, consent and
assent of their Chapters, or the greatest number of them duely
procured and obtained ; and that the said Chapters remaine now,
l2

164 APOLOGETICAL NARRATION
and in aU tyme coming, according to the foundation of the said
bishopricks, and as it hath been in tymes bypast, without any kind
of alteration ; except in the Chapter of St Andrews, &c. Chap
ters were damned by the Kirk of ScotEnd as weU as Bishops, yet
the Estates in this Parliament ratified both, without so much as ad
vising with the Kirk, or GeneraU Assembly of the Kirk. The
GeneraU Assembly [was] wont to be holden usuaUy immediately
befor, or in tyme of Parliament, but now none must be holden for
fear of opposition. Equity craved that their Estate should not be
erected, tUl all parties having interest, or that might have been
prejudged by that erection, were summoned to have heard their
erection. It is weU known the Kirk of ScotEnd was much pre
judged by erecting them in manner and forme, and with the pri-
vUeges sett downe in their provision.
At this Parhament, the Earles and Lords were cloathed in scar
let. It is constantly reported, that a Popish Bishop, at the break
ing up of the Eeformation, said, That a red Parhament in St John
stoun should mend aU again. And indeed defection has ever grown
since that tyme. At this Parhament was granted a taxation of
four hundred thousand merks.
THE SECOND STEPP OR DEGREE : THE CONSTANT MODERATION OP
SYNODS AND PRESBYTERIES.
The reader may perceave, by the proceedings of the last Parha
ment, wherefor the King and the Commissioners of the Generall
Assembly, would have had the GeneraU Assembly continued tiU
after this ParUament. The ministery was made to beleeve that
they were to have a GeneraU Assembly in this instant month of
July ; but at the rising of the Parliament, it is prorogat, by procla
mation, untiU May 1607. Some show of Assembly they must have,
for colour of the Kirk's consent to constitut the Bishops constant
Moderators of Presbyteries and Synods. They durst not venture
upon a free GeneraU Assembly. Therfor a mean was devised, for
drawing some men of chief note out of the way, that they might the
more easily attaine to their intent. In the month of May, there

OF THE STATE OF THE KIRK. 165
was sent from Court eight missives, directed to eight ministers,
Messrs Andrew MelvUl, James MelvUl, James Balfour, WUliam
Scott, John Carmichael, Eobert WaUace, Adam Colt, WUliam
Watson. They are willed and commanded, aU excuses sett aside,
to repair toward Court before the 15th day of September, to the
end the King might treat with them, and such others of the breth
ren as he commanded to be there at that same tyme, in matters
concerning the peace of the Church ; seeing he was frustrat of his
traveUs to that end before, by the contempt of his authority in
some, and presumption in others in presuming to justify their ab
solute proceedings, and withaU, to slander his just commandments
and the lawfuU proceedings of his CounseU ; and likewise by the
late answers of the Synods, aU tending to delay, without any as
surance of performing, at the nixt GeneraU Assembly, that which
had been so earnestly urged. After incaUing on the name of God,
they advised, whether they should obey the King's letter or not.
Finding no appearance of good, they used meanes for hberty to
stay at home. But the Earle of Dumbarr assured them, there was
no remedie ; for the nixt warning wold be a charge, to their greater
pains, and lesse advantage to their cause, the chief men standing in
defence of it being blotted with contempt and disobedience. They
were also borne in hand, that this was devised by some who wold
have matters to proceed better, and without the Bishops' and Com
missioners' knowledge. Therefor, as they loved the weeU of the
Kirk in generaU, and of their imprisoned brethren in particular,
they wold desire to do as they were directed by the letter. The
Earle of Dumbarr made Mr James MelvUl believe that he was
the procurer of those missives, for a speciaU benefit both to the
Kirk and them ; that the Bishops understood not, tiU of late ; that
they had traveUed to stay it but in vain : therefor willed- them to
be of good courage, to make no excuse ; assuring them, by God's
grace, he should make it the best voyage that ever they made.
They resolve first, to attend on the Parliament to do some piece
of service to the Kirk of God, which they did, as ye have heard,
and thereafter to prepare themselves for their journey.

166 APOLOGETICAL NARRATION
In the month of August, the eight ministers sent for to come
to Court, advised with their Presbytries and Sessions how to
carry themselves. Their Presbytries and Sessions would give
them no commission, in caise they had been urged to a disputa
tion ; but advysed them to deUver their opinion in matters pro
poned to them. Three of their number, being members of the
Presbytrie of St Andrews, craved from their Presbytrie an extract
of the acts made and subscribed heretofor in the Presbytrie, anent
the Discipline of the Kirk ; especiaUy the act concluded by the
Presbyterie, upon the 2d of August 1604, concerning the sub
scription of the whole brethren of the Presbytry to the Confession
of Faith ; which was granted. Li subscribing of this act they ap
prove the Confession of Faith, and the Act of ParUament, holden
anno 1592, for explanation of the present Discipline authorized in
the said Confession; promised solemnly to defend the same, and
never to come in the contrary, according to the great oath sett
downe in the Confession of Faith. Mr George Glaidstones sub
scribed this act with the rest. Another act was granted them,
made the 10th of January 1605, bearing Mr George Glaidstones"
excuse for his journey to Court, without advertising the brethren,
and his declaration, in presence of the whole brethren, that as he
departed a brother, so he returned, without usurping any autho
rity, and promised to behave himself in as great humility as be
fore. But there was no truth nor trust to be given him. He had
changed four flocks, and sworn that he should never be Bishop of
St Andrews, because the Bishops of that See were so unhappy in
their end, and much hated ; yet, even at that same tyme, he re
turned Bishop of St Andrews. When some gentlemen, and others,
his famihars, who expected some benefit by his advancement, asked
how he could bear with the Presbyterie, he answered, " Hold your
toungue, we shaU steaU them off their feet."
After the eight ministers had taken journey, Mr George Glad
stones informed his Presbyterie, that his Majesty had sent for
him, and asked wherein the brethren would employ him. They
charged him, as he wold answer to God, that he wold neither,

OF THE STATE OF THE KIRK. 167
directly nor indirectly, do any thing in prejudice of the estabUshed
DiscipUne ; which he promised solemnly in presence of the breth
ren : and farther, that he should do nothing but that for which
he should be welcome to them at his return, and for which he
should not be ashamed to be spoken of, either now or hereafter,
by the posterity ; taking God to witnesse that he never minded
the alteration of the discipline of the Kirk. But the contrary ap
peared in short tyme after.
Upon the 20th September 1606, the eight ministers got pre
sence at Hampton Court. Upon the 22d of September they were
caUed before the King. The King came to the Chamber of Pre
sence, accompanied with the Earles of Dumbarr and Orknay, Lord
Fleming, the Laird of Lawrestoun, SE Thomas HamUtoun, the
King's Advocat, Mr John Spotswood, Mr George Gladstones, Mr
James Law, Mr James Nicolson, Mr Eobert Howie, Mr Patrick
Sharp, Mr Andrew Lamb. The King declared what causes
moved him to write for them. In end, he gathered aU his speeches
to two heads, wherein he said he would be through with them for
the peace of the Kirk : the one concerning the pretended Gene
raU Assembly, (so he termed it,) holden at Aberdeen, and the pro
ceeding which foUowed therupon ; the other, how there might be
an ordinary and peaceable Assembly holden, to sett aU things at
quyetnesse and good order. They had agreed before, among
themselves, to give no present answer. Therefore, Mr James Mel
vUl, who was appointed to be their speechman, after he had ex
pressed, in a complementing manner, their joy for his inclination
to entertainie peace, &c, desyred tyme to advise, because his
Majestie's missive sent to them did bear no particular, neither
heard they of any before that tyme. After some tyme had been
spent upon sending of Commissioners from Presbyteries to Aber
deen, after the receaving of Lawrestoun's letter ; the praying for
the convicted brethren ; proceedings of the Synod of Fife ; and
Mr James MelviU's letter directed to that Synod against the five
articles ; the Kuig resumed the first two heads, and wiUed them
to advise upon an answer against the nixt day.

168 APOLOGETICAL NARRATION
The day foUowing, that is the 23d of September, they compear
ed again. The Prince stood at the King's left hand with the
above-named Scottish noblemen, CounseUours, Bishops, Commis
sioners of the GeneraU Assembly, so many as were present. Can-
terberrie stood at the King's right hand, Sahsberry, Suffolk, Wor
cester, Nottinghame, Northamptoun, Lord Stennop, Lord KnoUes,
and sundry other noblemen. Some Bishops and Deanes stood be
hind the tapestrie, who now and then discovered themselves.
The King, after resuming of the points proponed the day pre
ceeding, desired, at last, to be resolved, in particular, Whether the
Assembly holden last at Aberdeen was a lawfuU Assembly ? and
whether the proceedings of the ministers at it, and afterward, were
justifiable or not ? The Bishops and Commissioners who were pre
sent, were first asked, and answered, That they damned aU their
proceedings. Then the King enquyred at Mr Andrew Melvill,
What he could say for that Assembly, seeing the number was so
tew, and they wanted the Moderator and Scribe, and were dis
charged before, by open proclamation. He answered shortly,
as we have afready sett downe in the answers of the imprisoned
before. Then the King asked, What reason he had not to con-
demne their proceedings. He answered, " First, I am but a pri
vate man, come upon your Majestie's missive, without any Com
mission from the Church of Scotland ; and therefore, seeing
nemo constituit me judicem, I cannot take upon me to condenme
them. Second, Your Majesty, by virtue of your proclamation,
dated here at Hampton Court, (which he produceth,) hath remit
ted their tryaU to the GeneraU Assembly, expecting reparation of
wrongs, if any be done. I therefore cannot prejudge the Church
and Assembly of my vote there ; which, if I give now, I shaU be
sure to have my mouth shut up then, as, by experience, I and other
brethren have found before. Third, Res non erat integra, sed Jiac-
tenus judicata, by your Majesty's CounseU ; whether rightly or not,
that I remitt to God before whom one day they must appear, and
answer for that sentence. I think your Majesty wiU not be content
that I should now contradict your Counsell, and their proceedings.

OF THE STATE OF THE KIRK. 169
Fourth, How can I condemn my brethren indicta causa, not hear
ing their accusers objecting against them, and themselves answer
ing ?" This was the substance of his answer, which he uttered after
his owne manner, roundly and freely. The rest answered the like
in effect. Their harmony moved the Liglish and others who were
present very much. When Mr James MelvUl was giving his an
swer, [he] said farther, " If in the meantyme your Majesty wiU
urge me to deUver my judgment of the matter, according to my
conscience, unlesse the wrongs done to them, and given in writ
to your Majesty's Estates at the last ParUament holden at Perth,
be considered and discussed, I wold not for aU the world condemne
them. A coppie of the wrongs we are earnestly desired by them
selves to deUver to your Majesty." With this he stepped forward
and deUvered them to the King in his own hand.
The substance of their informations to the last ParUament we
have already sett downe in the defences of their proceedings.
After they had given their answers, Mr Andrew MelviU broke out
in his own manner, and plainly avouched the innocency of the
brethren, recounted the wrongs done to them at Linlithgow, and
laid to the Advocate his charge, craftie and malicious dealhng
against them, so that xurrsyogos ruv a,hik<puv could not have done
more against the saints of God, than he had done against those
men in Linlithgow ; that stiU he shewed himselfe possessed with
the same spirit, because he thought it not enough to plead against
them in Scotland, with all the cunning and skill he had, but stUl
continued Jfcar^yogoj rm ufoXpSv. He [the Advocate] was moved.
Because unrequyred, he asked licence to speak, when Mr WiUiam
Scot gave his answer ; but Mr William had the upper hand to his
shame. Sundry other speeches he [Andrew MelvUl] had against
the Advocate ; which, for brevitie's sake, I omitt. In end, the
King demanded what overture they wold give for the other point.
They answered, The best overture was to have a free GeneraU As
sembly. The King riseth, and they were dismissed, not without
great applause of those who were present, for their gravity and
boldnesse in the cause of God. The truth was cleared, which be-

170 APOLOGETICAL NARRATION
fore was obscured by misreports. What was omitted by one was
remembered by another.
When they were gone from Hampton Court, and were a httle
on their way to Kingstoun, they were charged not to return to
Scotland, nor to come near the King, Queen, or Prince's House,
or Court, without speciaU Ucence or calling for. They were writ
ten for upon the 28th of September, to hear Doctor Andrew,
Bishop of Exeter, as they were before to Barlow, and Buckerage ;
and the nixt day after, which was Saint MichaeU's day, by the
King's expresse command, to come to the King's ChappeU, name
ly, Mr Andrew and Mr James Melvills. Mr James warned Mr
Andrew by the way, they were to be trapped, and to have their
patience tryed ; which proved true. There they saw the King
and Queen offer at the altar, whereupon were set two books, two
dry basons, two candlesticks, with two blind candles. Upon the
occasion of this solemnity, Mr Andrew made the epigramme for
which he was afterward troubled.
That day, after noon, the Earles of Argyle, Glencairne, Orkney,
Wiggtoun, Dumbar, the CountroUer, the Advocat, the Abbot of
Lindoorse, Mr Peter Young, KUsyth, conveened in the Earle of
Dumbarr's lodging. The ministers were urged to give answers
severaUy to certain particulars, for satisfaction of his Majesty. Mr
James MelvUl was first caUed on, and, being demanded by the
King's Advocate, 1. Whether he prayed for the imprisoned mini
sters ? 2. Whether he aUowed their holding of the Assembly at
Aberdeen, and their dechnature given in to the CounseU ? 3. Where
was his letter written to the Synod of Fife ? &c. He answered, " I
am a free subject of the kingdome of Scotland, which hath lawes
and privUedges of their owne, as free as any kingdome in the
world, to which I wiU stand. There hath been no summons law
fully execute against me. The noblemen here present, and I are
not in our owne countrey. The charge super inquirendis was de
clared long since to be unjust. I am bound by no law to furnish
dittay against myself." He desired the noblemen to deaU with him,
howbeit a mean man, yet a free-born Scottish man, as they wold

OF THE STATE OF THE KIRK. 171
be contented to be used themselves, that is, according to the laws
of Scotland. The Advocate, notwithstanding, urged him with an
answer, with whom he enterchanged some sharp speeches. " WUl
ye not deign his Majesty with an answer ?" said Dumbar. " With
aU reverence," said Mr James, " if I did know the question and
had tyme to advise." " You shaU have that," said Dumbar, and
desired him to give in the Supphcation, which the imprisoned Mi
nisters had sent to the King. He delyvered it, and intreated him to
assist it. The rest were caUed on, by course. At last Mr Andrew
MelvUl was caUed on. He told them pEinly, they knew not what
they were doing : they had degenerated from the ancient nobiUty of
Scotland, who were wont to hazard their fives and lands for the
freedome of the countrey and the gospeU, which they were betray
ing and overturning. Night drawing on they were dismissed.
They wer again caUed before the Scottish CounseUors. Three
articles were delyvered to them in writ, and their answers in writ
craved severaUy, after advisement. As much tyme was permitted
to them to advise, as they pleased to take ; and, indeed, the chief
drift was, to drive tyme, tiU the Convention at Linlithgow were
past, and to catch some advantage. The tenor of the articles,
subscribed by Mr Alexander Hay, here foUoweth : —
" Whether, if they had not transgressed their duty, in making
pubhct prayers for the brethren in ward, as being afflicted ; and
are willing to crave his Majesty's favour for the same, seeing their
said brethren byde in waird for just causes, and by a just sentence
of a lawfuU judge, standing unquarreUed and unreduced ?
" Whether they acknowledge his Majesty, by the authority of
his prerogative royaU, as a Christian King, to have lawfuU and fuU
power to convocat, prorogat, and cause desert, upon just and neces
sary causes known to him, the AssembUes of the Kirk within his
Majestie's dominions ?
" E his Majesty, by his authority royaU, hath not sufficient and
lawfuU power to caU and conveen before him and his CounseU,
whatsoever person or persons, civill or ecclesiasticaU, for whatsoever
faults, and give sentence thereanent ; and if aU his Majestie's sub-

172 APOLOGETICAL NARRATION
jects be astricted to compeare before his Majesty and his CounseU,
to answer, acknowledge, and obey his Majestie and CounseU's judg
ment in the said offences ? "
These Articles were dehvered to them upon the 2d of October.
They were likewise desired to give in their Grievances ; because
it was pretended, that they were detained so long because they
had not given them in. Therefore they gave in their answers and
greevances the sooner, and dehvered them to Mr James Nicolson
upon the 4th of November ; yet they were detained still notwith
standing. They agreed in substance to their answers ; therefore I
have set downe here but two, Mr James MelvUl's and Mr William
Scot's. Mr James MelviU answered thus : —
" With aU submission, humility and reverence to the King, and
with aU hearty affection to his grandeur, James MelviU giveth an
swer to the questions proponed by his Majestie's most honorable
CounseU. " 1. I cannot conceave a transgression of duty in praying for our
brethren, the command and warrant being so clear in the Word of
God ; and if I could conceave any, prostrat at his Majestie's feet,
I wold most willingly crave his Majestie's pardon and favour.
" 2. The laws of the realme, the judgment, practice, and con
stitution of our Kirk are clear hereanent ; and if there remain any
doubt, let it be resolved in the nixt GeneraU Assembly, to which
by the whole Synods it is referred.
" 3. The third is civill, for the most part of many interrogations,
and therefore cannot be simply answered. And if it be doubted
of, it is to be resolved by lawiers and Estates of the realme. As for
judging of ministers in matters meerly spirituaU or ecclesiasticaU,
such as concern their caUing and points of their ministery, which
they have of and in Christ Jesus, and of his Kirk aUanerly, togither
with the jurisdiction of the Kirk, what it is, and how it differeth
from the jurisdiction and power of civill magistrates, the statutes
of the realme, the judgment, practice, and constitutions of our Kirk,
the King's Majesties declaration at Linlithgow, and at diverse

OF THE STATE OF THE KIRK. 173
GeneraU Assemblyes, are most clear and evident : to which I stand,
till God teach my conscience better ; protesting, before the great
God of heaven and earth, that if I thought it not a sin against
Christ, the Lord of Lords and King of Kings, and so most danger
ous to the King's Majesties person, crowne and estate, to ascribe
and give any farther to him, there is none living that wold be
glader, according to his ability, to avouch maintain, and stand for
the same to the uttermost, than poor James MelvUl."
Mr William Scot answered as foUowes ; but that I have ommitt-
ed the preface : —
" To the first I answer, That being a disposer of the secrets of
God, — and, long before my brethren went to waird, in a speciaU
manner obUedged to some of them, for mutuaU remembrance in
prayer, — and knowing them to be of the household of faith, and
no reason nor law in the contrair, as I understood the case ; — in a
single heart and Christian charity, I called to God for them accord
ingly, never having intention or purpose (as knoweth the Eighteous
Judge unto whose eyes aU things are naked and open) to trans-
gresse my duty to the meanest member of the feUowship of faith,
much lesse to his most exceUent Majesty. Neither know I, by
myselfe, wherein I have trangressed in praying for them, otherwise
than by infirmity, wants, and other parts of imperfection common
to Christians in spirituaU works during their Ufe here ; seeing God
has commanded his chUdren to pray for aU saints, and each one for
another, in whatsoever case they be : yea, not only for them that
love us, but also for them that hurt, persecute and curse us, except
ing them aUanerly that sin unto death. Ephes. vi. 18 ; Ja. v. 16 ;
Heb. xiii. 3 ; Math. v. 44 ; 1st John v. 16. And yet I pre
sume not, by myselfe, to justify my owne actions, but most wUl-
ingly leave place to lawfuU tryaU, and more wise and indifferent
judgment in such cases ; being as ready at aU tymes to beg his
Majestie's favour, as loath at any tyme to committ whatsoever may
justly avert the same.
" To the second I answer, 1st, That the prerogative of his Ma
jestie's authority royaU is so farr above my reach, that I neither

174 . APOLOGETICAL NARRATION
dare, nor, as I understand, is it lawfuU for me, by my private motion,
to sett downe what power his Majesty has over the Assemblyes of
the Kirk thereby ; but I most heartily and humbly acknowledge
that his Majesty has as lawfuU and full power, in every respect, as
the Word of God giveth to any King or Monarch under hea
ven. And now, touching the convocation, prorogation, or al
teration of the dyets of the Assembly whatsoever, it is evident,
by the acts of the Kirk, after foUowing, that his Majesty and the
GeneraU Assembly have power of the samen : viz. in the GeneraU
Assembly holden at Glasgow the 24th of April 1581, wherein his
Majestie's Commissioner was present, after long defiberation infor
mer Assemblies, it was reasoned, voted, concluded and enacted,
that aU the ecclesiasticaU assembUes have power to conveen lawfully
togither for treating of things concerning the Kirk and pertaining
to their charge, as also, to appoint tymes and places to that effect,
and ane Assembly to appoint the dyet, time and place for another :
Which act, as I understand, is not abrogated, but rather, by his
Majestie's law and continuaU practice of the Kirk within his High
nesse kingdome of North Brittaine, confirmed ; which usually has
prevented, prorogat or appointed the dyets of Assembhes, as the
expedience of the affairs of the Kirk requyred, and judged anent
alterations, as they feU out, at Edinburgh, 2d July 1591, at Dun
dee, 10th May 1597, at Holyroodhouse, 10th November 1602.
Item, In the article proponed by bis Majestie's Commissioners to
the Assembly at Perth, the 1st of March 1597, bearing, That no
meeting nor convention be amongst the pastors without his Ma
jestie's knowledge and consent, there is a speciaU exception made
of their ordinary Sessions, Presbyteries, and Synods ; and, in the
answer of that Assembly thereunto, there is added, their meetings
in visitation of Kirks, admission and deprivation of ministers, tak
ing up of feuds, and such others as have not been found fault with
by his Majesty : and in the GeneraU Assembly thereafter at Dun
dee, it is extended to aU and whatsomever forme, either of SpeciaU
or GeneraU Assemblies, authorized by his Majestie's law, as they
have warrand in the Word of God, as being the most authentick

OF THE STATE OF THE KIRK. 175
forme of consent that any King can give ; whereof it is clear what
order and custome anent the dyets of Assembhes is. 2. If the
article mean any innovation or alteration of the foresaid order and
practice, or any part thereof, in that case, [in] the GeneraU As
sembly at Perth, 1st Martii 1597, it is agreed upon betwixt his
Majesty and the GeneraU Assembly anent points his Highnesse
desires to be resolved or reformed, that it is lawfuU to himselfe,
or his High[ness'] Commissioners, to propone them in a GeneraU
Assembly, providing it be done in right tyme and place, animo
cedificandi, non tentandi. 3. This article, in effect, being first
moved among the rest of his Majestie's printed Questions to the
GeneraU Assembly at Perth, was remitted to be advised by certain
Commissioners against the GeneraU Assembly immediately foUow
ing at Dundee, where it receaved no particular answer, neither
has sensyne : and now lately, being proponed to the Synod of
Fyfe, whereof I am a member, for weighty, causes it was referred
to the Generall Assembly, whereunto, properly, the decision
thereof belongs. In respect of the premises, it were presumption,
foUie, and iniquity in me to answer any otherwise anent this article
than the Kirk has done.
" To the third I answer, First, That the order anent citation of
parties, cognition of causes, and giving of sentences, in offences
usuaUy judged within his Majestie's kingdome of North Britain
by the civU criminaU judges — viz. ParUament, Justice, Commissars,
Shireffs, Stewarts, &c. ; and what jurisdiction, distinction or limi
tation of jurisdiction ; who are judges competent to every cause ; if
forum rei should be keept ; or what power they have respective to
advocat or repledge causes, or suspend decreets ; or if his Majestie
and CounseU shaU be judges competent to aU offences, belongeth
neither to me, nor to my caUing to determine. But concerning
some sort of offences, Christ has commanded to teU the Kirk,
whereunto he has promised, that whatsoever they shaU bind on
earth shaU be bound in heaven, and whatsoever they shaU loose
on earth shah be loosed in heaven ; which Scripture, by soundest
judgements, is exponed of the CounseUs of the Kirk."

176 APOLOGETICAL NARRATION
THEIR GRIEVES, AND ADVICE HOW TO PACIFIE THE TROUBLES
OF THE KIRK.
" Please your most ExceUent Majestie to hear the Grieves which
your Majesty desyred us to give up to your Highnesse, that they
may be redressed ; as also, our advyse anent the pacifying of the
Estate of our Kirk.
" We are grieved, That these four yeares the GeneraU Assem
blies of the Kirk of Scotland have been prorogated in so needfuU
and dangerous a time, when aU estates are carefull of thejtr privi-
ledges, and Papists, Atheists, and licentious persons, contemne the
discipUne of the Kirk.
" We are grieved, That fourteen ministers should lye year and
day in waird and prison, detained from their flocks and families,
whUe the hand of God is striking so sore, by the plague of pes
tilence amongst them.
" We are grieved, That the Commissioners of the Kirk, who
vote in Parhament in name thereof, have neither entered in that
office, nor behaved themselves therein according to the Cautions
and order sett downe by your Majesty, in the GeneraU Assembly
holden at Montrose; and, namely, that these Cautions ordained to
be insert in the act of Parliament, which was to be made in their
favour, howbeit offered by the Commissioners of the GeneraU As
sembly, were refused and rejected at Perth.
" We are grieved, That the Commissioners of the GeneraU As
sembly made not timouse and faithfull warning to the Presbyteries
for the Assembly appointed by your Majesty to be holden at
Aberdeen, which was the first cause of aU this trouble ; and yet,
that some of them satt in CounseU, and were too forward in con
demning the brethren to prison.
" We are grieved at your Majestie's Commissioner, Lawrestoun
his unfaithfuU, foolish, and false deaUing at Aberdeen, the next and
immediate cause of your Majestie's offence, and of the troubhng of
the brethren.
" We are grieved at aU the wrongs which these brethren alledge

OF THE STATE OF THE KIRK. 177
done unto them ; most humbly beseeching your Majesty to con
sider and amend them, as nixt, under God, appointed to do the
same. " We are grieved, That we are detained so long from our flocks
and families, in tyme of the danger of the pEgue, and other great
necessities. " AU which Grieves, if it wold please your Majesty to take to
heart and redresse, we dare be answerable, that the Estate of our
Kirk shaU be pacified."
Ei the beginning of October, the eight nunisters learned that
there were ane hunder missives to be directed to Scotland, which,
not long after, they understood were directed for a Convention
which was to be holden at Linlithgow. Mr James Nicolson, the
chief contriver of the plotts for the advanceing of the Episco-
paU course, and then resolved to accept the bishoprick of Dun-
kelden, which the King had bought to him for twentie thousand
pounds, was to returne to Scotland, to order affairs in that Con
vention. After they had dehvered their answers and grievances, by many
supphcations to the King, [they] craved a favourable dimission,
and hcence to returne to their flocks and famUies ; many thousand
souls, concredit to their charge, famishing for want of the Word,
and themselves wandering like idle men of no caUing, to the shame
of their profession, spending the money their famUies should live on
at home, and some of them aged, sick, and diseased, wanting the
necessarie comforts of their friends and famUies. They were not
heard, but were enjoined, every one, to lye severaUy at some
Bishop's house. They besought Mr Alexander Hay, who had in
timate to them the King's wiU, to entreat his Majesty to have a
regard to his owne honour, the honour of the countrey, and credit
of this Kirk. If they had committed any cryme, let them be judged
orderly, and punished accordingly.
There was no more heard of that matter tiU a quarter of a year
after, yet they were forced to break up their society ; for before,
M

178 APOLOGETICAL NARRATION
they keept a table togither at London, and many brethren of the
better sort resorted to them. One day in the week, for the space
of a moneth, they had exercise, with fasting and humiliation,
especiaUy for the bussiness that the King and his Commissioners
were compassing at home in Scotland.
Upon the last of November, Mr Andrew MelvUl was caUed be
fore the CounseU of England for the epigramme, whereof I made
mention before. He had a purpose to present it to the King him-
self, and, withaU, to have uttered his mind ; but a copy was con
veyed to his hand without his knowledge. He confessed he made
the epigram, being much moved with indignation to see such
vanity and superstition in a Christian Church, under a Christian
King, born and brought up in the pure light of the GospeU;
and especiaUy before idolaters, to confirme them in their idolatry,
and to grieve true professors. Sundry other speeches he had. La
end, the CounseU giveth a warrant to Doctor OveraU, Dean of
Paul's, to receave him into his house, with an injunction not to let
or suffer any to have accesse to him, tiU his Majestie's farther
pleasure be signifyed ; and to conferr with him in such points, as he
shaU find him different from the discipUne estabhshed in the Kirk
of England.
At a convention of sundry noblemen in Linhthgow, the six mi
nisters imprisoned at Blacknesse were condemned to be banished
the King's dominions, under the pain of death ; for so the King
had signified it was his wUl and pleasure. Sundry of the assysers
fyled them, upon assurance that they should suffer no harme in
their persons or goods. But to be removed from their flocks, banish
ed from their native countrey, and put to their shifts, was no harme
to their persons or goods ! Upon the 7th of November they im-
barked at Leith, with singing the 23d Psalme, — the people much
moved and praying heartUy for them.
The eight ministers detained at London, the six ministers ba
nished, and other eight, their associats, lying in diverse wairds, it
was thought a fitt tyme to advance the course of Episcopacie a
step farther, yet durst not the Bishops venture on a free Assembly-

OF THE STATE OF THE KIRK. 179
Howbeit so many of their chief opposits were removed out of the
way, they feared there were yet too many behind to stay and
impede their proceedings ; therfor they could not be secure, un-
lesse the persons who were to conveen were nominat by them
selves. The Earle of Dumbarre returned unto Scotland about the end
of November [1606] ; and, in the beginning of December, the
missives were sent to the Presbyteries; wherin the King willed
them to direct the persons nominat in the missive to Linlithgow,
the 10th of December, to consult with some noblemen for suppres
sing of Papists, and removing of jars in the Kirk. The persons
were chosen by the Bishops ; for the King could not know all or
the third part of the persons nominated, far lesse of what Pres
bytries they were members ; and, no doubt, they wold give up
the names only of such as they thought least opposite, or to
favour their course. No mention was made in the missive of a
GeneraU Assembly, either by name or by description. The inti
mation ought to be clear, and pubhshed in such a manner that it
may come to the knowledge of aU the subjects : and because
it ought to consist of Commissioners from burghs, and barrons,
as weU as of ministers ; suppUcants, complainers, appealers, ought
to know when and where they ought to addresse themselves to a
GeneraU Assembly. The day appointed at the last proclamation,
to wit, the second Tuesday of May, was not altered by a new
proclamation, nor yet any mention was made in the missive of
preventing the dyet. The pretended end of this meeting, in the
missive, was only to give advice how order shaU be taken with
Papists, and good order and quietnesse settled in the Kirk;
for which end he [the King] had sent for some ministers, but
was not satisfied. No wonder ; for their advice crossed his and
his Bishops intentions. Who then could be induced to think
that this meeting was any thing else but a preparative to a
GeneraU Assembly ? Neither were the missives directed to every
Presbytery, as was needfuU, seeing there was no other kind of in
timation ; and to some Presbyteries only the day before the
M 2

180 APOLOGETICAL NARRATION
meeting. Private letters were also directed to the persons no
minated, wherin they were willed to keep that dyet.
Mr Patrick GaUoway was desired to preach as Moderator of the
last Assembly ; but he refused through coUusion ; for Mr James
Law, Bishop of Orkney, was prepared to teach. Thereafter, Mr
Patrick addressed himself to the Moderator's pkce ; opened up the
causes which moved his Majesty to appoint that meeting, to wit,
to take orders with Papists, to advise how ministers might be bet
ter provided with constant stipends, and how jarrs among pastors
might be removed. The Earle of Montrose, the King's principaU
Commissioner, foUowed with his harrangue, which was explained
by Mr Patrick. The King was extoUed for the care he had of the
peace of the Kirk ; the brethren were exhorted to judge charitably
of his proceedings, and to give him satisfaction in the matters
which were to be proponed. The CoUector, and Clerk of Eegister
foUowed with their harrangues. After these harrangues, Mr Pa
trick proponed in leet, as from the King, for the choice of a new
Moderator, Mr Patrick Sharp, Mr Eobert Howie, Mr Alexander
Lindsay, Mr James Nicolson. Sundry answered, That they had
no commission to vote in any thing. They were desired to vote
as private men appointed by the King to come thither. So Mr
James Nicolson was chosen Moderator. He assumed Mr Henry
PhUip, minister of Arbroth, to be his scribe.
Many feared the eviUs of this meeting, and that after the dis
solving it wold be borne out for a GeneraU Assembly ; whereupon
some intended a protestation, of which number Mr Adam Bannan-
tine, now Bishop of Dumblane, was one ; which, when the Bishops
understood, they caused them to be cited before the CounseU.
They were exhorted to desist and be quyet, tUl they saw if any
thing were done in prejudice of the Kirk; and, in that case, the
Bishops assured them that they should also protest. But, notwith
standing of any thing that was done, there was no more heard
of a protestation at that meeting.
For repressing of Papists, it was thought good that every Pres-
ibyterie have one of their number to be an agent to informe the

OF THE STATE OF THE KIRK. 181
CounseU what Papists, Jesuits, excommunicants, or noncommuni-
cants are within their bounds ; to raise letters ; to keep the Coun
seU's dyets ; and to see the CounseU's decreets against them put in
execution : and that every one of those agents have a hundred
pounds yearly payed by the Thesaurer for his expenses ; but if the
agent be provided to a bishoprick that he bear the burden him
self. Then were proponed nixt, overtures for planting of Kirks.
The taking order with Papists, and hope of augmentation of
stipends, were the two chief pretences of good intentions, where
by the Bishops circumveened a number of the ministrie, and
either drew them to their course, or made them sUent and to
give way.
It was then enquyred, What were the causes of the jarrs and
divisions that were amongst the Ministrie, which gave a great ad
vantage to the Papists to embolden and strengthen them. It was
found, that the causes of distraction were a fear, that the Bishops
and their adherents were upon a course to subvert the Disciphne
of the Kirk, by removing Sessions, Presbyteries, ProvinciaU and
GeneraU AssembUes, and usurping, in their owne persons, the juris
diction and government of the Kirk, and shaking off of obedience
to the Kirk, and order estabhshed by lawfuU Assemblies : the
want of a free GeneraU Assembly was speciaUy regrated ; nixt,
that some of their brethren were banished, and others distressed
by long imprisonment.
For removing of these fears and suspicions, it was declared by
the King's Commissioners, and such as had been lately acquainted
with his intentions in the privie conference, " That it was not
his Majesty's purpose and intention to subvert the present Discip
line of the Kirk of Scotland, but rather to augment and strengthen
the same, so farr as may serve for the weeU of the GospeU and the
restraint of vice ; and to see [that] such eyehsts and offences, as,
in the administration thereof, were the occasion of just discontent
ment to his Majesty, and a hinderance to the credit and authority
of the ministerie among the people, and among the ministerie
themselves, be removed and taken away, by such good overtures

182 APOLOGETICAL NARRATION
as he hath proponed. In signe whereof, as there is nothing done
in derogation of holding of Sessions, Presbytries or ProvinciaU
AssembUes ; so it was never his Majesty's intention, but that the
keeping of GeneraU AssembUes at certain competent tymes, was,
and is a most necessary mean for preservation of piety and union
in the Kirk, and extermination of aU heresie and schisme in the
same. And, therefore, his Majesty doth gracioushe decEre, that
as the Act of ParUament doth stiU stand in fuU force and effect, for
conveening of the said AssembUes once in the year by his Ma
jestie's direction ; so it is his Majestie's wUl, that the day of con
veening the nixt Assembly shaU be in Edinburgh, the last Tuesday
of July.
" Sicklike the whole Bishops declared, That it was not their in
tention to usurp and exerce any tyrrannous and unlawfuU jurisdic
tion or power over their brethren, nor to ingyre themselves any
wayes unlawfully into the Government of the Kirk, or any part
thereof, farther than should be committed to them by the Pres
bytries, ProvinciaU and GeneraU AssembUes. And if it shaU hap
pen to faU out, that they, or any of them, shaU be found to do in
the contrair, then and in that case, they were content to submitt
themselves to the censures of the Kirk, as humbly as any other
of the brethren of the Ministrie."
The Bishops professed that they intended not to ingyre them
selves unlawfully in the Government of the Kirk, or any part
thereof, farther than should be committed to them by the Presby
tries, ProvinciaU and GeneraU AssembUes ; but it was their pur
pose to have such Assembhes constitut as they pleased, to com-
mitt to them the Government of the Kirk, or a part thereof. They
promise to usurp no tyrannous and unlawfuU jurisdiction and power
over their brethren ; but in the Caveats they were bound, simplici
ter, to usurp no power nor jurisdiction : and the meaning of this
Convention was, that they should usurp no farder power than was
granted at this meeting ; which was to be Moderators with new
cautions and caveats. The Pope himself could professe as much,
that he would usurp no tyrrannous nor unlawfuU jurisdiction. But

OF THE STATE OF THE KIRK. 183
these words, " tyrannous and unlawfuU," were inserted in that
forged act to pervert the meaning of that Convention.
As for the banished brethren, it was declared, That the want of
the King's favour proceeded from themselves, because they had
never humbled themselves to seek his pardon, as became them.
Therefore some were appointed to write to them their advice, to
send such a humble sute to bis Majesty for his pardon, as might
give him greatest satisfaction ; which was plain mockery. Yea, in
effect by this act the banished brethren were condemned.
The King's Overture, concerning the remedy of the increase of
Poperie and jarrs amongst the ministerie was read, to wit, That a
constant Moderator might be admitted in every Presbyterie, be
cause new Moderators were not acquainted with the proceedings
of the former, and therefore diUgence in executing any processe
faiUed. But this pretence was frivolous ; for no such defect was
ever found, after long experience, in former tymes ; for the election
of Moderators every halfe year was not circular, but only of the fitt
est of their number, as they thought fitt for the tyme. The avoid
ing of a greater evUl, to wit, to eschew tyranny, was aimed at, espe
ciaUy when Presbyteries were constitute, which might faU out by
the perpetuity of the Moderator. Nor yet was it ever deemed that
the change of Moderators was the occasion of jarrs amongst the
ministerie, or between the King and the ministerie. Yet this over
ture was embraced, that Bishops, under this colour might encroach
upon the jurisdiction over the brethren. And who were chosen
to be the Moderators, but such as were nominat to be the agents
against the Papists, that under that colour they might have their
pension of a hundreth pounds yearly ? So the pension assigned
to the agent was devised to corrupt the Moderator, who was to
be the agent. For otherwise, it was absurd to make one man
both agent and Moderator ; for the one office, to witt, of the
agent could not but withdraw him from attending upon the Pres
byterie whereof he was Moderator. They appointed not only that
the Moderator should be perpetuaU, but also to nominate the
persons, which was a liberty and priviledge belonging to the

184 APOLOGETICAL NARRATION
Presbyterie, and as absurd as if the ParUament should nominate
provost and baUhes to every burgh ; for every Presbyterie is best
acquainted with the abilities and qualifications of their own mem
bers. The persons who were nominate were many of them pre
sent, and made no opposition, after they were appointed to be
agents, and had a fee aUowed to them. Some few others were
nominate for the fashion, who were absent, and never accepted
the charge, Earles, Lords, and Barrons, to the number of thirtie-
three, and about an hundred and twenty-five ministers agreed to
this overture.
Ei end, there was an admonition given to aU the brethren to be-
warr to speak any thing unadvisedly against his Majesty ; to en-
tertaine peace and love among themselves. The EpiscopaU faction
pretended ever peace when they meant no other thing but disturb
ance, which at this time foUowed, upon the obtruding of Modera
tors upon Presbyteries. What peace could they intend, who pro
cured the distresse of their brethren ?
The great Commissioners, the Earle of Montrose and the Earle
of Dumbarr, thanked the Convention in the King's name, and de
sired the ministers there present to make knowne to their Presby
tries, and brethren, and the people, what good was done at that
Convention. Two noblemen, out of simpUcity, desyred a coppie of
such things as were concluded. It was answered, That could not
be instantly done, but the conclusions and proceedings of this
meeting shaU be put in print with diligence, that the same might
come to the knowledge of aU men. But this was not performed ;
yea, the chief act could not be seen for half a year after that it was
returned back again from Court.
After the dissolving of this Convention, the Presbytries were
urged to accept the Moderators nominate at this meeting. They
craved a sight of the act to be advised with ; but it was not grant
ed. Many Presbyteries yeelded through fear, being charged with
letters of horning ; others, notwithstanding, resisted. The Presby
terie of Edinburgh accepted Mr John HaU, tUl the tyme appointed
for the nixt Assembly, and upon certain conditions. Some bound

OF THE STATE OF THE KIRK. 185
the Moderator by oath and subscription to dimitt whensoever they
pleased, yet delayed the acceptation tiU they had the approbation
of the Synod.
Not only were the Presbyteries urged to accept constant Modera
tors, but also the Synods to admitt Bishops, if there were any with
in their bounds, to be constant Moderator of the Synod, or some
other who was constant Moderator of any Presbyterie within the
bounds ; but greater opposition was made by the Synods than by
the Presbyteries, and that because no such thing was concluded
at Linlithgow Convention, as that Bishops or any other constant
Moderators of the Presbyteries should be constant Moderators of
the Synods.
Great stirr was made by Sir David Murray, Lord Scoone,
one of the Commissioners appointed by the King, to urge the
Synod of Perth to accept [Alexander Lindsay] Bishop of [Dun
keld] to be their constant Moderator; but the act of Linlith
gow Assembly could not be had, that they might understand
whether any such things were concluded. Such as were at the
Convention of LinUthgow, to the number of twelve or fourteen
ministers, being charged to testify upon their conscience the truth,
deponed, that no such thing was proponed, either in the privie
conference or in the publict meeting. When Mr Henry Living
stoun was chosen Moderator, and was beginning with this premo
nition to prayer, " Let us begin at God, and be humbled in the
name of Jesus Christ," Scoone, in a great rage, chapping on his
breast, cryed, " DevUl a Jesus is here !" When Mr Henry was
proceeding in prayer, he [Scoone] turned over the table with the
green cloth upon him [Livingstoun], and the rest that were upon
the south side, aU humbled upon their knees ; but they stirred not,
notwithstanding of his violence. Therefore, hke a madman, he
caused some of the guard remove the table, and sent for the baU-
lies. When they came, he commanded them to remove these re-
beUs, and to cause ring the common beU. The baiUies pretended
it behoved them to conveen the CounseU, but returned not again ;
howbeit he was their Provost for the tyme. He and his conjunct

186 APOLOGETICAL NARRATION
Commissioners, Balvaird, and Balmanno, advised upon instruments,
which were read before the Synod. The Assembly, on the other
syde, took instruments of the violence and injurie which was done
to them. Scoone locked the doors ; but they proceeded, after they
had stayed the concourse of the people enraged at the Provost's
carriage. It was concluded, That every Presbyterie, the first day
of their meeting, should choose their owne Moderator, according
to the common order, howbeit none of them had as yet accepted a
constant Moderator, except Perth, who took instruments upon the
unlawfuU forme of the Bishop of Dunkelden's entry. Nixt, because
it was falsely aUedged, that their brethren detained in EngEnd
maintained opinions contrary to the government of the Kirk of
Scotland, it was thought good to declare their consent and har
mony in judgment, to write a comfortable letter unto them, and
a humble supphcation to the King for them. 3. They made choice
of three Commissioners out of every Presbyterie, to be sent to the
nixt General Assembly, which was appointed to be at Linlithgow,
to be holden in July. 4. Because Scoone had threatened to have
them cited to compear before the CounseU, they appointed some of
their number to attend and complain upon him. No redresse was
made ; but on the contrary, Mr William Eow, the last Moderator,
was put to the home, and forced to lurk amongst his friesds. Mr
Henry Livingstoun, with great difficulty obtained the favour to
be confined within his own paroch.
The Lord Scoone, the King's ComptroUer, and Mr George
Gladstones, stiled Bishop of St Andrews, fearing the hke oppo
sition in the Synod of Fife, which was made at Perth, procured
letters to be proclamed in every toune of Fife, to discharge their
meeting at Dysart, the last Tuesday of AprUe 1607, the day
appointed for their SynodaU Assembly. Whereupon some of
the ministers came not to the place appointed. These who
came were debarred from aU meeting, upon a strait charge given
to the baiUies of the towne : whereupon they were forced to
take them to the sands betwixt Dysert and Eavensheugh, where
they spent two hours, the raine pouring upon them, advising

OF THE STATE OF THE KIRK. 187
whether they should hold Synod or not. They rested upon a pro
rogation tUl the first Tuesday of June, and directed some of their
number to declare to the CounseU their malecontentment ; and if
the CounseU continued in such deaUing, that, notwithstanding of
horning, wairding, &c, they wold draw them in the snare of dis
obedience. The CounseU directed the Clerk to signify unto them,
that they intended not to prorogate the Synod again for any thing
known to them.
At their nixt Synod, Scoone and other three Commissioners
were sent by the King to place Bishop Gladstones Moderator.
A sight of the act of Linlithgow was craved, which was now
at last produced. After it was read, the brethren answered,
That it was constantly affirmed by those who had been at Lin-
Uthgow, that no such thing was motioned, reasoned or conclud
ed, as placing constant Moderators in Synods ; that they wold
not acknowledge that act coming to hght but now of late, tiU
the Presbyteries had first advised upon it severally, and conferred
each with other. The King's Commissioners aUedged they trifned
with the King. One of them caUed for an officer of armes ; took
the catalogue in his owne hand ; demanded at every one severaUy,
whether they wiU accept the Bishop to be constant Moderator of
the Synod or not. The officer was commanded to give every one
that had a negative voice a charge presently to accept, under the
pain of rebeUion. They answered severaUy, They will rather abide
horning and aU that might follow it, than losse the Uberty of the
Kirk : the office itselfe was unlawfuU, and the man unworthy.
Five or six yielded, and as many went forth before the matter
came to voting. Gladstones, perceaving the brethren to be coura-
gious, and threatening him with the sentence of excommunica
tion, a sharper sword than the temporaU, dealt with the King's
Commissioners apart, promised to satisfy the King. The Lord
Lindsay, Lord Halyroodhouse, Mr John Prestoun, CoUector, and
Lord Scoone were contented ; but Gladstones, notwithstanding of
his promise, informed the King, after his owne manner, and by
his information procured a direction to the CounseU, to confyne

188 APOLOGETICAL NARRATION
Mr John Dykes and Mr John Scrimgeour within their owne
parishes. Mr WUUam Cranstoun, the Moderator of the last
Synod, was putt to the horn.
The like opposition was made by the Synod of Lothian in
August, and again in October, where they dissolved without any
Moderator at aU, or appointing any new dyet.
The Synod of Merce and Teviotdale were urged by Eoxburgh,
the King's Commissioner, to admitt one of the constant Modera
tors in their Presbyteries, seeing there was not one provided to a
bishoprick within the bounds. They not only refused, but also
charged the Moderators of the Presbyteries of Chimsyde, Dunse
and Kelso, to demitt the office of constant Moderator at the nixt
Assembly or meeting. The rest of the Presbyteries had not as yet
accepted any constant Moderator. The Earle of Dumbarr, lately
come from Court and stirred up by the bishops, caused charge
these Presbyteries to receave their Moderators again ; and to sum-
mond Mr Tobias Eamsay, minister at Fouldown, moderator of the
Synod, and John Smith, minister at Maxtown, clerk to the Synod,
to compear before the CounseU. They were charged to enter into
Blacknesse ; but they choosed rather to withdraw themselves for a
time, than to enter into a place where they could find no comfort
nor hope of release without confession of a fault.
Other Synods refused, likewise, to have constant Moderators,'
except Angus ; so the aspyring bishops were so farr disappointed
of their purpose, who thought, by virtue of that constant Modera-
torship, to attaine to a preheminencie above the Synods and Pres
byteries. At Linlithgow, they promise not to ingyre themselves
in any part of the government of the Kirk ; and yet, the reader
may see, they disturbed the peace of the Kirk, and wold have
ingyred themselves with the troubhng of their brethren. Such
were the fruits of that meeting at LinUthgow ; and no better can
be looked for of Conventions or AssembUes not convocat, nor con
stitut, according to the Acts and order of the Kirk.
Because the Act of LinUthgow was not exhibit tUl half a year'

OF THE STATE OF THE KIRK. 189
after that it was revised at Court, and falsified, I have here sett it
downe as it was adulterat.
" Thereafter, having considered the Overture proponed unto them
in his Majestie's name, and finding it in shew to carry some appear
ance of novation in the Disciphne of the Kirk, and fearing that
it might bring with it some inconvenients : Therefore the Con
ference wold not take upon them to determine their advices there-
anent, tUl first the matter were exactly reasoned in their presence,
and sufficient remedie devised for preventing of aU inconveniences
which might be feared to foUow thereby. Whereupon a good num
ber of the most learned, godly, and wisest of the brethren of the
Conference, being appointed to reason, and heare one after another ;
and having exactly, at good length, reasoned and examined what
soever inconvenient might foUow upon the estabhshing of the said
overture : It was considered, and found at last, by ane universaU
voice and consent of the whole Conference, without contradiction,
that the said Overture was both wise and godly, and tending in
many wayes to the weeU of the Kirk ; providing that certain Cau
tions were observed, for preventing of such evUls as might happen
to faU out, in case the said Moderators, or any of them, should either
arrogantly presume to usurp any farder power in the said Presby
teries and Assembhes, than is comely and lawfuU for Moderators,
in such cases, to do, and presently use ; and without innovating
or altering at their owne fancies, and at their owne hands, the
custome that discreet Moderators have, and ought to have used
in that place ; or otherwise be found remisse in proponing and pro
secuting of any good purpose or overture, which should be given
in by the brethren, or any of them, to the said Presbyteries and As
sembhes : and according to the doubts which in reasoning were
found out and feared, the Cautions foUowing were agreed upon : —
" 1. That it be provided, that the Moderators of the Presby
teries and ProvinciaU AssembUes, to be nominat and chosen ac
cording to his Majestie's overture, shaU presume to do nothing in
the Presbyteries and ProvinciaU AssembUes where they moderat,
without the speciaU advice and consent of their brethren.

190 APOLOGETICAL NARRATION
" 2. That the acts of the GeneraU Assembly, and Caveats there
in prescribed anent Bishops, be observed.
" 3. That they shaU use no jurisdiction nor power farther than
the Moderators of Presbyteries and ProvinciaU AssembUes have
been in use [of], by the constitutions of the Kirk before.
" 4. In case it shaU happen, the Moderators of Presbyteries or
ProvinciaU AssembUes to be absent in tyme of their Convention,
then it shaU be in the power of the said ProvinciaUs and Presby
teries to nominate and choose out the wisest and gravest of the
brethren present, to be Moderator in their meetings in absence of
the Moderator.
" 5. When the place of the Moderator in any Presbytery shah
happen to vaik, the election of another to succeed in his roome
shaU be made by the whole ProvinciaU Assembly, with consent of
his Majestie's Commissioners, if any happen to be there present
for the tyme.
" 6. And when any of the said Moderators shaU happen to de
part this Ufe betwixt Assemblyes, it shaU be lawfuU to the Pres
byteries to nominate one of the gravest and worthiest of that
number, to continue in the moderation of the Presbytery, tiU the
nixt ProvinciaU Assembly.
" 7. The Moderators of the Presbyteries shaU be subject to the
tryaU and censures of the ProvinciaUs : And in case it shaU
happen that they be found to have been remisse in the discharge of
their duties, or to have presumed to usurp over their brethren any
farther power than is given them by the Assembly, it shaU be
unto them a cause of deprivation from their office of moderation,
and they shaU be deprived thereof by the saids ProvinciaUs.
" 8. In like manner, the Moderator of the ProvinciaU Assembly
shaU be tryed and censured by the GeneraU ; and if he be found
there to have been remisse in his office of moderation, or to have
usurped any farther power than the simple place of a Moderator,
he shaU be deprived of the said office of moderation by the Gene
rall Assembly.
" 9. That the Moderator of each Presbytery and ProvinciaU As-

OF THE STATE OF THE KIRK. 191
sembly, with their Scribes, be chosen, faithfuU, wise, and formal
men, being astricted to be present at each GeneraU Assembly, as
members thereof, and to have their Eegister of the acts and pro
ceedings of the Presbyterie and ProvinciaUs there present with
them, that their fidehty and diligence may be seen by the Gene
raU Assembly, and the state of the country thereby knowne.
" 10, That it shaU be leesum to each Presbyterie to send Com
missioners to the GeneraU Assembly, by and attour their Modera
tor and Scribe, two or three, according to the act of the GeneraU
Assembly anent the Commissioners from Presbyteries to GeneraU
AssembUes, if they shaU think it expedient.
" 11. For it is hereby declared, that, notwithstanding of any
thing done at this tyme, the Sessions, Presbyteries, ProvinciaU
and GeneraU AssembUes, are to be observed, keept and obeyed,
as they have been heretofore.
" 12. That the Moderator of the GeneraU Assembly be chosen
by vote of the said Assembly, certain leets being first nominated,
and proponed freely, as use hath been in tymes bypast.
" 13. That in every provinciaU Assembly where there is no
Bishop making residence actuaUy and lawfully, and having the
moderation of one of the Presbytries, the Moderators of the Pres
bytries within the said bounds being proponed in leet, the meetest
of them shaU be chosen by the said Assembly to be Moderator,
his Majestie's Commissioner's consent there present being had
thereto. " And farther, the Conference having examined the roUs of
each Presbytrie, to see if any was meeter to use the office of mo
deration than these who before have been nominated to have the
care of the delation of Papists, and non-communicants, they
found, in their judgment, that the same persons were, of aU others,
in every Presbyterie, meetest, as weU to moderate as to have the
care of deEtion foresaid ; reserving always to the ministers of each
Presbytery here conveened, their own privUedge and power to no
minate to the Assembly a meeter, if any be in the Presbyterie for
moderation. And therefor the said Conference findeth it expe-

192 APOLOGETICAL NARRATION
dient, that the persons foresaid accept in and upon them presently,
the said [office of] moderation within their Presbyteries respective,
and that the said Presbyteries embrace and aUow of them : And
for this effect, that the said Moderators and Presbyteries be re
quested thereto earnestly by this Assembly, and if need beis,
likewise charged that the Kirk of God be not long frustrate of the
comfortable effects that the foresaid order is able shortly by the
grace of God to produce."
" This Overture being proponed and declared at length, in pre
sence of the fuU Assembly, every article and head thereof was,
with an uniforme consent and aUowance, approved of aU without
contradiction, except only so farr as concerneth the Moderator in
Presbyteries, and their continuance in the office of moderation be
yond the accustomed tyme : Whereanent certain doubts being
proponed and satisfyed, and the bishops having given their de
claration, out of their own mouths, anent their intentions and
purposes to be subject to the Acts and Caveats of the GeneraU
Assembly, and to make residence within such a pEce as shaU be
Umited to every one of them by this present GeneraU Assembly ;
and, if it should be found expedient for the weeU of the Kirk, that
other meeter and more worthy than they possess and occupy their
places, to dimitt their benifices at the pleasure of the Assembly,
his Majestie's consent and approbation being had and obtained
thereto, wherein they promised (if need were) to be earnest suiters
at his Majestie's hands; like as some of them declared, that they
had already most humbly craved the same of his Majesty, for the
respect they had to take away aU offence from the brethren : pro
viding alwayes, if either upon his Majestie's advice and proposition
to the Assembly, or upon their own supphcation, the GeneraU
Assembly be moved hereafter to grant them any relaxation of any
of the Caveats which, upon good reason, might appear to the said
Assembly to be over straight, that this their promise shaU make no
derogation from the Uberty which the Assembly hereafter shaU be
moved to grant them.
" It was voted, and by plurality of votes concluded, to wit, his

OF THE STATE OF THE KIRK. 193
Majestie's Commissioners, whole Nobihty, Earles and Barrons, to
the number of thirty-three, togither with an hundred and twenty-
six of the Ministery voteing affirmative, that the said overture
anent the continuance of the Moderators, whUe the present divi
sions of the Kirk should be removed, and the whole brethren
brought to that unity of mind and affection which is agreeable to
their caUing, and may serve best to the furtherance of the cause
of God, and the overthrow of aU contrary causes, and the Papists
either fuUy repressed, or brought to the obedience of the GospeU,
should passe and be enacted as one of the conclusions of this As
sembly, the foresaid Caveats being always keept by every one of
the said Moderators, and the contraveeners censured and punish
ed, as is before expressed ; four only of the whole Assembly by
their votes disassenting therefrom, and other four refusing to vote
for want of commission from their Presbyteries, and two being non
liquet. " Extract furth of the Books of the Acts of the Assembly at
Linlithgow, and subscribed by the Moderator and Scribe thereof.
" James Nicolson, Moderator.
" Mr Henry Phillip, Scribe"
This Act contrived in this forme hath sundry clauses and words
which were not mentioned, or, at least, concluded in this Conven
tion ; as, for example, " That Bishops should be Moderators of the
Synods." " That the Moderators of the Presbyteries should be
constant members, of the GeneraU Assemblie." " That the Pres
byteries should be charged to accept the Moderators when they
are nominat." Yet in this falsified act of that pretended Assem
bly, we see that the Bishops professe their intention and purpose
to be subject to the Acts and Caveats of the GeneraU Assembly ;
yet they think the Caveats so strait, that they wold have a relax
ation, which bewrayed their intention was not upright. In the
twelfth Caveat, they acknowledge that the Moderator of the Ge
neraU Assembly should be chosen by vote of the Generall Assem-
N

194 apologetical narration
bly, certain leets being first made and freely proponed, as hath
been the custome in former tymes.
The eight Ministers were again charged upon the 3d of March
1607, to enter and remaine in some Bishops and Deans houses; but
upon their entreatie, that purpose was changed. But Mr Andrew
MelvUl was drawn before the CounseU of England upon the 26th
of AprUe, and sent immediately from the CounseU to the Tower ;
where he was detained four yeares, and thereafter went to Sedan.
Upon the 6th of May, the rest were sent for to Court, and then
Mr James MelvUl was charged to remaine in Newcastle; Mr
James Balfour in Cockburnspath ; Mr Eobert WaUace in Lauder;
Mr Adam Colt and Mr WUUam Watson in their owne paroches ;
Mr WiUiam Scot in his owne paroch of Couper in Fife, providing
he returned a testimoniaU of his good behaviour from Mr George
Gladstones, Bishop of St Andrews ; that failling, he was to returne
to London. Mr John CarmichaeU had obtained hcence before to
returne, but was confined in his own paroch ; Mr James Balfour
his confynement was not long after changed; and Mr Eobert
WaUace was confyned in his owne paroch.
About this tyme, Mr William Cowper, afterward Bishop of Gal
loway,* sent this letter foUowing, to the Bishop of Dumblane : —
" Brother. — I have receaved your commendations from B.,
which were needlesse, if you had keept your wonted heart. As
for me I never hated you. Your course wherein you are entered
I never loved. Although the fruit you enjoy be sweet, yet the
end shaU prove it never grew on the tree of life. Doing in a work
of conscience with doubting, turneth hght into darknesse, where
upon foUoweth induration. Whereof it foUoweth, that many in ,
our Kirk, without feeUing, are coursers against their brethren that
have done more good in the Kirk for the edification of others,
than ever themselves did ; haveing neither eyes to see nor hearts
to feeU how dangerous their estate is ; who cannot rise but with
the falling of many, who in God have entered this ministery ; clos-
* Cowper who was Minister of Perth, accepted the Bishoprick of Galloway, in 1614.
He died at Edinburgh on the 15th of February 1619.

OF THE STATE OF THE KIRK. 195
ing the fountains that God hath opened. One of your owne told
me, long ere the last ministers went to England, that they were
written for to reason ; but the end proved prison, and no appear
ance of retumeing to some of them. These are the first fruits of
your preferment. Here you stand, and therefore I cannot stand
with you, except it be to witnesse to God in my heart against you,
that you have gone wronge. You hope in this course to do good ;
but it is hard for you to work miracles. At least you wiU hold off
eviU ; but how shaU you draw in a yock with them that are draw
ing on eviU daUy ? You wUl not go beyond the Caveats of the
Generall Assembly ; but the answer given to the Commissioners
of the Kirk, at the last ParUament, by the ChanceUor, — ' We en
ter not Bishops according to an act of the Assembly, but accord
ing to that which they were a hunder years since,' — detexit frau-
dem. I heard it given, and so did the chiefe of themselves, A, B,
C. You skarr at them whom you were blyth to see ; you like not
the hght you loved ; you count those preachings unpleasant,
wherein you were wont to rejoice. These may teU you, you have
faUen. Consider with yourself, where you was, where you are
now, et quantulum illud sit propter quod nos reliquisti. Thus, loving
yourseffe, but not your way, I end."
At the Convention holden at LinUthgow, the last Tuesday of
July 1607 was appointed to be the dyet of the nixt GeneraU
Assembly ; but upon the penult of June 1607, the Assembly, by
proclamation, was prorogate to the 4th of November foUowing,
and then to he holden at Dundee. The pretended reason of the
prorogation was the distractions amongst the ministerie ; the
bringing in question or opposing to the acts and proceedings of
that most grave and frequent Assembly, holden at Linlithgow in
December last bypast ; and the increase of Papists. The Synods
were charged to conveen the 4th of August, and to chpose two of
the wisest of their number to conveen with the Commissioners of
the GeneraU Assembly, and such of the CounseU as it should
please the King to nominate, at Holyroodhouse the 27th of Au
gust 1607, to conferr, reason and resolve, by common advice,
n2

196 APOLOGETICAL narration
upon the most convenient remedies against those evUls, which,
for the lack of sufficient preparation, might faU out at the nixt
GeneraU Assembly ; but the chief end was to prepare men for fur
therance of the present course. But because the Parhament was
to begin the first of August, the meeting of the Synods was con
tinued tiU the 8th of August. But there was no meeting nor
conference at Halyroodhouse upon the 27th of August, because
either the Synods appointed no Commissioners, or were abruptly
dissolved through the earnest urgeing of constant Moderators.
And Mr James Nicolson, the chief deviser of plots for advanceing
of this new course, had departed this life,* not without great sor
row and remorse ; for he saw his devices crossed, neither the King
nor the Kirk contented, but his owne estimation much impaired
by urgeing a forged act impudently, and advanceing that course
which before he had condemned. He would not suffer the stUe of
Bishop to be put in his latter will. Mr David Lindesay, then mi
nister of Dundee, his familiar friend, set downe his last speeches
in Latine verse, and, among the rest, his exhortation to himselfe
not to haunt the Court, but to eschew aU imployments which
might distract him from his calling ; but he made no scruple, not
withstanding, to accept the Bishoprick of Brechin, and now, of
late, this Bishoprick of Edinburgh, t
The Generall Assembly was again prorogate, by proclamation, to
the last Tuesday of Aprile 1608, to be holden then at Dundee.
The reasons aUedged were, The neglect or disdain of the Synods to
send Commissioners to a common meeting in August. Nixt, The
neglect of those who were appointed in the last GeneraU Assem
bly, before his Majesty's departure, to visit the bounds committed
to them. Third, The visitation of Dundee with the plague. But as
for the First, the Synods sent not Commissioners, because they were
dissolved abruptly, or were otherwise disturbed with obtruding
* He was Minister of Meigle, and was preferred to the See of Dunkeld in 1606 ; but
he died on the 17th of August 1607.
t'He was appointed Bishop of Brechin, in 1619, and was translated to the See of
Edinburgh, 17th Sept. 1634,

OF THE STATE OF THE KIRK. 197
the constant Moderators. As for the Second, the GeneraU As
sembly ought not to have been stayed, which was acknowledged
at the Convention at Linlithgow, to be so needfull, for the negli
gence of some visitors. Nixt, Their commission of visitation ex
pyred, if not at the Assembly holden last at Aberdeen, which we
maintain to be a lawfuU Assembly, yet, at least, at the last Con
vention holden at Linlithgow, which they themselves bore out as
a lawfuU GeneraU Assembly. But the truth is, some of those
visitors had attained to bishopricks, and, under colour of visita
tion, were to settle constant Moderators in Presbytries where they
were not yet receaved, and to procure among the Presbytries such
Commissioners to the nixt Generall Assembly as would give way
to their course.
The Assembly was again, notwithstanding, prorogat, by procla
mation, till the last Tuesday of July, because, as was aUedged, the
unseasonable weather had hindered the visitors to prooeed in their
visitation, and his Majesty was minded to be present at the said
Assembly, to settle the present jarres and differences of the Kirk ;
but I have pointed before at the true causes.
Mr John Murray, minister at Leith, was wairded in the Castle
of Edinburgh, for some passage of his sermon which he had in
Edinburgh at a Synod, which was printed after at London with
out his knowledge. The new-styled Bishops had conceaved ma
lice against him before, because he had pubhctly condemned the
condemning of the ministers at LinUthgow. He opposed to the
receaving of a constant Moderator in the Presbyterie of Edin
burgh. He opposed, in his sermon at Leith, first to Gladstones,
and afterward to Spottswood, who came to Leith accompanyed
with five or six other Bishops, of purpose, as it seemed, to sing
the triumph over the good cause, and the banished ministers.
Leith was then the ehiefe place of their consultations and com-
potations. After the CounseU had dismissed him favourably, and
sent him home to his charge, the King being stirred up by the
Bishops, sent a sharp rebuke to the Counsell, and a warrant to the
captain of the guard, to apprehend him and to committ him to

198 APOLOGETICAL NARRATION
waird. So, without any new citation, only upon the King's private
direction, he was apprehended and committed to waird in the
Castle of Edinburgh. So the Bishops preached in Leith what
they pleased, had their consultation, under pretence that they were
Commissioners of the GeneraU Assembly, advised upon directions
to Court, and answered directions from Court.
So many of the Bishops as had the power of visitation committed
to them in the year 1602, before they were provided to bishopricks,
went through their circuits. By pohcie on the one side, and pohcie
on the other, they got too great advantage in some Presbyteries,
in the choise of Commissioners to the nixt GeneraU Assembly.
Mr James Law, then stiled Bishop of Orkney, assured the Pres
byterie of Jedburgh, that, being authorized by the King's com
mand, and commission of the GeneraU Assembly, he wold not stand
to proceed cum jure et potestate utriusque gladii, if they repyned at
his visitation. Yet George Johnstoun, minister at Ancrum, and
Mr David Calderwood, minister at CraUing, dechned him in May
1608, because bis commission, as they aUedged, was expyred, and
he came without his conjunct Visitor, Mr John CarmichaeU ; and
the Act made in the Assembly 1602, containeth a bEnk, for insert
ing the tenor of the edict to be served at paroch kirks ; which [edict]
should have been conceaved by three brethren deputed by that
Assembly, who never mett for that purpose ; and, lastly, because,
eince that act, he was provided to a bishoprick. But it was not
the intention of that Assembly to arme such men with such power.
After the declyners went forth, he dispatched the visitation, and
the choice of the Commissioners to the nixt Assembly, in the space
of two hours. These two brethren had been chosen before ; but
at this visitation he procured a new choice. Mr John Aber-
nethie* was admitted constant Moderator of the Presbyterie, which
he could never attain unto before. I passe by his double deaUing,
in seeming at first to joine with the declyners, that he might egg
* He was Minister of Jedburgh, and was preferred to the Bishoprick of Caithness
in 1624, still retaining his parochial charge. He was deposed by the General Assem
bly in 1688.

OF THE STATE OF THE KIRK. 199
them forward, and, in end, deserting them. The two brethren
were put to the home ; but the registration was, after great in-
treaty, stayed : yet were they called before the CounseU, and, with
great difficultie, obtained any favour. So their punishment resolved
in a confinement within their own paroches ; and they were de
barred from the Presbyterie, and accesse to the nixt GeneraU
Assembly to compEine.
By a letter dated at Greenwich the last of May 1608, and direct
ed to the ChanceUour and remanent Lords of the Secret Coun
seU for erecting two Courts of High Commission, we may easily
conceave what the Bishops were contriveing for advanceing of
their course, and what Spottswood was then practising at Court ;
for the letter is grounded upon a complaint, aUedged made by him
in behalfe of the Presbyteries, whereof they were, notwithstanding,
altogither ignorant. But the King's wiU, touching the Courts of
High Commission, was not pubhshed tUl February 1610 ; to which
pkce I referr the reader for farder information.
The Bishops used sundry means to effectuate their purpose at
the nixt Assembly GeneraU. 1. In imprisoning and confyneing
moe brethren. Nixt, The modification of ministers stipends, which
was whoUy committed to them. They aUured some by augmenta
tion. By diminution they weakened others, and that so covertly,
that one cause was pretended pubhckly, and another aUedged
secretly. 3. The procuring of such Commissioners as wold not
oppose to their course when they visit their circuits. 4. The pre
tence of a conference which was to be holden at Falkland the 15th
of June.
The Bishops, and so many other Commissioners of the GeneraU
Assembly as were upon their course, conveened in the chappeU of
the Palace of Falkland. The ministers conveened in the kirk of
the towne, and choosed Mr Patrick Simpson, minister at Stirling,
to be their Moderator. By prayer and conference they tasted a
httle of that sweetnesse and comfort of their old meetings. In end,
they agreed on some Articles to be given- in to the Bishops and
Commissioners, for concord and peace, which were gravely pro-

200 APOLOGETICAL NARRATION
poned to them by Mr Patrick Simpson, in name of the rest : —
" 1. That the Cautions of the GeneraU Assembly be insert in the
body of the Act of Parliament made in favours of the Bishops, and
that they be censured accordingly, as was craved by the Commis
sioners of the GeneraU Assembly at the ParUament holden at
Perth, where the said act was made.
" 2. That the Disciphne and Government of the Kirk, practised,
established, swome, and subscribed unto, stand inviolable.
" 3. That the AssembUes, GeneraU and ProvinciaU, be restored
to their own integrity, as more effectual means to bear downe the
enemies. " 4. That the banished and confyned brethren, God's faithfuU
servants, be restored to their owne places and Uberties."
They * seemed to like weU of these Articles, but, say they, " It
behoveth to conferr and agree upon them at the nixt GeneraU
Assembly, that his Majesty may be the rather moved to consent
to them ;" and so they shifted the matter. They pretended they
were desyrous that the nixt Assembly might be keept peaceably,
with the King's Ucence and good liking, which could not be ob
tained, unlesse the articles foUowing were yeelded unto.
Mr John HaU certified the ministers, that the Earle of Dumbar,
with some Enghsh Doctors, and a great number of old and new
made Earles, Lords, and Knights, were coming downe to overthrow
the disciphne and the government of the Kirk with one blow, at
the nixt GeneraU Assembly. By which pretences and faigned tales,
the ministers were moved to .consent to the Articles foUowing to
be recommended, by way of advice, to aU the Presbyteries : —
" 1. That the questions presently standing in controversie
amongst the Ministers anent the matter of Government, be un
touched and unhandled on either syde, tul the nixt GeneraU As
sembly ; and no occasion be given, by private or pubUck speeches,
of any farther distraction of minds, but that aU kyth themselves
to others by good countenance, and otherwise, as brethren and
* The Bishops and Commissioners of the General Assembly.

OF THE' STATE OF THE KIRK. 201
concording ministers of Christ, — setting themselves, with their en
deavour, speciaUy in doctrine, against Papists their superstition in
rehgion, and pernicious practices.
" 2. That the GeneraU Assembly hold at the tyme appointed,
that is, the last Tuesday of July; and that his Majesty be most
humbly intreated for that effect.
" 3. In the said Assembly, the common affairs of the Kirk shaU
be handled, an account taken of the commissions given in the last
Assembly preceeding ; and some sohd course advysed upon, for dis
appointing the practices of the enemies.
" 4. That nothing which is in controversie, and maketh striffe in
the Kirk, be treated in the said Assembly, but the same be con
ferred upon in a privie conference, by such as the Assembly shaU
appoint, to prepare a way for composing of these differences ; and
that the Assembly appoint a meeting of some brethren, at such
tymes, place, and manner, as they think fitt for that effect.
" 5. That request shaU be made to his Majestie for relaxing of
the brethren that are confyned, and especially of such of them as
have been present at this Conference, that they may keep the said
Assembly." It was not the mind, notwithstanding, of the Bishops, that Mr
WUUam Scot and Mr John CarmichaeU, which were of the num
ber confyned, should have Uberty to be at the nixt Assembly, not
withstanding of the pretences that were made by them at this tyme.
So deceitfuU were they in aU their courses, even then when they
seemed inclinable to peace and unity.
Doctor Dounam his sermon which he had at the consecration of
the Bishop of Bath and WeUs, for the maintainance of the au
thority of Bishops above ministers, was printed, and some copies
sent to Scotland.
The GeneraU Assembly appointed to be holden at Dundee was
holden at Linlithgow the last Tuesday of July 1608, Mr James
Law, Bishop of Orkney, was chosen Moderator by plurahty of
voices. The difference of the votes betwixt him and Mr Patrick
Sympson stood only upon three, howbeit there were present

202 APOLOGETICAL NARRATION
about forty noblemen and gentlemen caUed thither by the King,
aU voting for Mr James Law ; and yet if the votes of the best
affected of the ministery had not been divided in giving their
voices, by reason of Mr Patrick Sympson his bodUy infirmity, Mr
Patrick had been chosen. This gave appearance that the sincerer
sort were able to resist any conclusion prejudiciaU to the cause.
Much ado there was about Papists and Papistrie. An ordinance
was made for excommunicating of Huntly, Angus, Errol and
SempiU. It was ordained, That the Commissioners of every Synod
conveen severaUy, and sett downe a roU containing the names of
the Papists within their bounds. 2. The causes why Papistrie,
superstition and idolatrie were come to such a hight. 3. Eemedies
for suppressing both professed and covered Papists. 4. What
form of proceeding every Synod has used against the Papists
within their bounds. The particular roUs were produced, revised,
abridged and put in order. It was thought good that the names
of the Papists should be sett downe in a book, and some chosen to
present it to his Majesty. The cheef causes of the increase of
Papists were thought to arise either from neghgence of ministers
in catechising of youth, or rash and sudden admission of them to
the ministerie, or from want of care to consider the course of the
enemie, or distraction among themselves : or to arise from others,
as by overseeing Jesuits and Seminary Priests to traffict within the
countrey, and the impunity of such as receave them ; the prefer
ment of men suspected in reUgion to pubUck offices ; the favour
showed by those that are in authority to traffiquers, and excom-
municat Papists after they have been apprehended and warded ; —
that Presbyteries are hindered from proceeding in the tryaU of
mass-sayers and mass-hearers by the Lords of Secret CounseU,
[either] by advocation before the Lords, or dispensation to such as
are excommunicat, or by countermanding the Presbyteries to de
sist, under pain of horning ; and excommunication being produced
against any person before the judges, that the same is not regard
ed ; — that great hberty is granted to subjects to repair to countreyes
where nothing is professed but Papistrie, and no security taken- for

OF THE STATE OF THE KIRK. 203
their constancie ; and especiaUy, that noblemen's sons are sent
with such convoy as may delyver them in the hands of Papists ; — .
lastly, want of preachers in many congregations. Many good
overtures were devised for remedy. Some were appointed to
present the Causes and Overtures to his Majesty, and to report
answer to a number of Noblemen, Barrons, Commissioners of
burghs and Ministers, who were appointed to conveen at Edin
burgh, upon the 15th day of November. Much was devised, but
little performed. Yet this shew of hard deaUing against Papists
served to cover the Bishops present mtentions, and was requisite
at this tyme, when Matthams Tortus * chaUengeth the King of his
promise made to the Pope and the Papists. Constant Modera
tors were appointed at Linlithgow, to be agents against the Pa
pists ; and under that coUour was aUowed to every one of them
a hundred pounds. But the pretended remedy devised then for
the suppressing of Poperie, proveth now ineffectuaU ; and as much
bussinesse, if not greater, is made at this tyme to cover new de-
signes. The Commissioners of the GeneraU Assembly were caUed to
give an account of their proceedings. They aUedged they could
not produce their acts and proceedings, because Mr James Nicol
son and Mr Eichard Thomson, their scribes, keepers of the roUs,
had both departed this life ; therefore they offered to be tryed se
veraUy. Whereupon they were removed. SUence was taken for
approbation ; for the worthiest men in the ministerie, of greatest
sagacity and judgment, were banished, imprisoned or confyned.
Sundry reasons were aUedged wherefore they should be continued.
1. Their moyen and provision. 2. Their credit with the King.
3. Their long practice and experience. Little opposition was
made, but only a protestation, that the continuance of their com
mission for a year shaU not prejudge the liberty of the nixt As-
* This refers to a work by Cardinal Bellarmine against King James's " Apologia
pro Juramento Fidelitatis," which was published under the assumed name of Mat-
thajus Tortus, and was confuted by Dr Lancelot Andrews, Bishop of Chichester, under
the quaint title of " Tortura Torti," &c. Lond. 1609. 4to.

204 APOLOGETICAL NARRATION
sembly, in choosing such whom they shall think meet and expe
dient ; and that the selection import not any perpetuity of the
office in the persons elected. But if the conditions aggreed upon
at Falkland had not been violated, this continuation of the Com
missioners had not been touched, seeing the controversies of our
Kirk doth specially stryke upon their proceedings. The same
Commissioners, for the most part, were appointed, who were ap
pointed at the last Assembly. Some others were added for the
fashion, and eleven might make a sufficient number. Eleven
Bishops were nominated with the first. Eleven Bishops might
make up a lawfuU Convention of Commissioners, and, under colour
' of that commission, overrule the Kirk. This was a great vantage,
howbeit they had obtained no farther. This point past before the
maine head concerning distraction, it may be, for fear of some op
position. Because the distractions and the eyelists among the brethren were
aUedged to be one of the most speciaU causes of the increase of
Papists and Papistrie, some were appointed to advise upon the best
overtures for remedy. They found the eyehsts and controversies
to arise upon distraction of affections, or diversity of opinions. For
remedy of the first, they thought it expedient, that the brethren
presently conveened lay down aU rancor, which they have borne
against others in tymes bypast, that they join togither against the
common enemy. This overture was imbraced, and those that were
present held up their hands, to testify then- hearty agreement, and
ordained the Commissioners present to make intimation of recon
ciliation to their Presbyteries, that the hke may be done in every
Presbyterie : they discharged distractions or rancor in tyme coming;
that such as trangresse be censured by their owne Presbyteries or
Synods, and, in case of their negligence, by the Commissioners of the
GeneraU Assembly. The second cause was found to arise upon
diversity of opinions or different judgments concerning the externaU
government and disciphne of the Kirk, which, because it could not
be discussed at this present Assembly, it was thought expedient
that some be appointed to reason, treat, and advise upon aU matters

OF THE STATE OF THE KIRK. 205
standing then in controversie amongst the brethren anent the dis
cipline of the Kirk. This advise was foUowed, which was devised
by the Bishops of St Andrews, Glasgow, Eosse, Orkney, Mr John
HaU, Mr WUUam Couper, then a court minister, and Mr Patrick
Simpson, too credulous and easUy deceaved by the rest. The
Bishops of St Andrews, Glasgow, Dunkelden, Orkney, Cathnesse,
Messrs Patrick Sharp, Eobert Howie, John Mitchelson, Henry
PhUlipp, George Hay were appointed for the one side : Messrs
Patrick GaUoway, John HaU, Patrick Simpson, William Scot,
Archibald OswaU, John Knox, John CarmichaeU, Adam Bannan-
tine, John Weems and WUliam Couper for the other partie, to
conveen with his Majesty, or such of his Majestie's CounseU as his
Majesty shaU appoint. They were ordained to report to the nixt
GeneraU Assembly, and, in the mean tyme, tUl the nixt GeneraU
Assembly, for an interim, that the advice of the brethren conveen^
ed at Falkland, the 16th of June last bypast, be observed anent
the constant Moderator.
Under pretext of reconciliation, the Bishops obtained in a manner
an oversight for their bypast transgressions, and a mean to insinuate
themselves in the affections of the simpler sort. Under pretext of
conference for removing of difference of opinions, they thought to
. have brought in suspense and question the whole Disciphne of the
Kirk, howbeit they themselves professed they had no intention to
alter it. The true ground of the distractions was not difference of
opinions, but the avarice and ambition of some aspyring to prela
cies, and tramphng under foot their brethren, that they might the
more easUy attain to preferment. The ministers appointed, for the
sincerer sort, were chosen at the pleasure of the other party, of
which some were present, others confyned and absent. Mr Adam
Bannantine* and Mr WUUam Couper became Bishops not long after.
Mr Patrick GaUoway and Mr John HaU were two pernicious in
struments, eircumveening many of the ministerie with their pre
tences. If there had been any upright deaUing, Mr James MelviU,
* Adam Bannatyne or Bellenden, Minister of Falkirk, was appointed Bishop of
Dunblane in 1614, and of Aberdeen in 1635, He was deposed in 1638.

206 APOLOGETICAL NARRATION
Mr WUliam Scot, Mr John CarmichaeU and others, wairded or
confyned, had been set at Uberty, that they might have been pre
sent at this Assembly. Mr Patrick Simpson was the man of chief
note of these who were present. It became them to have refused
all meddling with such matters, tiU the brethren who were skUl-
ftdl and able had been set at liberty.
Motion was made to the Moderator to request the King's Com
missioner, with the rest that were to be sent up to Court, to re
quest the King, in name of the Assembly, to grant the banished
and confined Ministers their wonted Uberty. They promised to
do so for the rest, but not for the banished brethren, to whom the
King would grant no relief without confession of a fault ; but what
sincere deahng there was for the rest, ye shaU see soon after in the
treacherous instructions given by Mr Gavin HamUton, Bishop of
GaUoway. The Moderator pressed to have Bishops appointed visitors of
their owne diocies, but it was yet resisted ; and therefore aU visita
tion except of the kirks of the unplanted DaiUs * was left off, as if
no visitation could be had without those who were styled Bishops.
The Assembly appointed to be holden in November was stayed
and delayed tUl January. Spottswood, Bishop of Glasgow, and
Mr WiUiam Couper, reported that the King commended the pro- .
ceedings at Linhthgow Assembly ; that he had granted absolutely
concerning Papists or Papistrie. As for the brethren banished,
imprisoned or confined, if they would make an humble supplication
for their Uberty, so gentle and clement was his Majestie, that he
wold be ready to grant them their suit. Some things passed to
grace the Bishops : 1. That they should be examiners of peda
gogues that went with noblemen and gentlemen's sonnes out of
the countrey. 2. That no young gentleman, suspect of Poperie,
be entered to their lands tiU they have the Bishop's recommenda
tion to the inquest, and a testificat of their soundnesse in religion.
* That is, " the kirks of Annerdaill, Ewesdaill, Eskdale, and the rest of the kirks of
the Dales, which are altogether unplanted." See the Act of the Assembly in reference
to this in Calderwood's History, vol. vi. p. 774.

OF THE STATE OF THE KIRK. 207
After the dissolving of this Convention, Mr Gavin Hamiltoune,
Bishop of GaUoway, was sent up to Court. The MemoriaUs sent at
that tyme for his direction, penned and written by Mr Spottswood's
owne hand, but with the warrant and advice of the rest of the
Bishops, and found among Mr Gavin's writs immediately after
his death, I have here set downe, that the Eeader, by this one, may
coUect what sycophanticaU and treacherous letters they wrote up
to the Court. They protested at LinUthgow, that they were in
nocent of any hard deaUing used against the ministerie, or of mis
informations given to his Majesty ; but here they urge the confine
ment of Mr John Murray in a barbarous part of the countrey,
because the Castle of Edinburgh was too near his owne paroch in
Leith, where they had their consultations. Ye may perceave
what sincerity there was in the pretended reconcihation at the last
Assembly, or in appointing a conference to remove differences of
opinion ; which was not yet holden. They delated CounseUours,
Sessioners, Ministers. They seek presentation of ministers to
modified stipends to be put in the King's hands, that none may be
presented but such as favoured their course. They seek the Com
missariat's place, and a place among the Senators of the CoUedge
of Justice. More of their knaverie the judicious Reader wiU find
in considering every article.
MEMORIALLS TO BE PROPONED TO HIS MOST EXCELLENT
MAJESTY.
" You shaU relate the proceedings of the late Convention, and
what affection some that were present kythed therein, that his
Majesty may be foreseen with men's dispositions, for the better
choice of those to whom the affairs shaU be concredited.
" You shall remember the care we have had in reclameing the
Marquesse of Huntly and the Earle of ErroU from their errors,
and the smaU profit we have seen thereof, and insist for his
Majestie's favour to the petition of our letter.
" Anent the Ministers that were confined, your Lordship shall

208 APOLOGETICAL NARRATION
excuse the request made by us in some of their favours, showing
how it proceeded ; and farther declare, that of late they have
taken course to give in supphcations to the CounseU for their en-
largeing to a certain tyme, for doing their particular businesse at
session and otherwayes in the countrey ; and that some of them
have purchased licences by the votes of the CounseU, although we
opponed. Therefore beseech his Majesty to remember the coun
seU, that the confyning of these ministers was for faults done by
them to his Highnesse selfe, and that they should be acknowledged
and confessed to his Majesty, and his Highnesse pleasure under
stood therein, before the grant of any favour ; otherwise, they shaU
undo aU that has been hitherto foUowed for the peace of the
Kirk. " Touching the Erections, it is our humble desire to his Majesty,
that the Noblemen, in whose favours the same have been past, may
take order for the provision of their kirks, according to the condi
tions made in Parhament, or then discharge their erections, which
seemeth best to be done by ane act of this ensuing session of Par
liament, for which his Majesty's warrant wold be had : And like
wise, some course would be taken for the Prelacies erected which
have past, also the Constant Platt ; that the Presentation of minis-
ters to modified stipends at the vacancie of a kirk should be m
his Majestie's hands ; whereunto, though his Majestie's expresse
commandment was given of before, no heed was taken by such as
had the charge of the affairs.
" Since the matter of the Commissariats importeth so much to
the reformation of our Church government, as this being restored
in a Uttle tyme, the rest may be supphed that wUl be wanting, it
shaU be good to remember it by a serious letter to my Lord Dum
barr, that we may know in due tyme what is to be expected. And
since our greatest furtherance is found to be in the Session, of whom
the most part are ever in heart opposite unto us, and forbear not to
kyth it when they have occasion, you shaU humbly intreat his Ma
jesty to remember our suit for the Kirkmen's place, according to
the first Institution ; and that it may take at this tyme some begin-

OF THE STATE OF THE KIRK. 209
ning, since the place vacant was even from the beginning in the
hands of the SpirituaU * side, with some one kirkman or other untill
now ; which, might it be obtained, as were most easy by his
Majesty's direction and commandment, there should be seen a
sudden change of many humours in that Estate, and the Common
wealth wold find the profit thereof.
" Anent our conference with the ministerie, your Lordship wUl
declare the tyme that is appointed, and the reasons of the continua
tion of the same.
" Because, in tyme of ParUament chiefly, it should be expedient
to have the Bishops teach in the pulpits of Edinburgh, his Majes
ty wold be pleased to commend this to my Lord Dumbarr by a
particular letter ; and to requyr also the ministers of Edinburgh to
desyre their help at that tyme, if it were for no other end, but to
testify their unity and consent of minds to the Estates.
"Because the Kirk of Leith lyeth destitute in a sort, through the
Bishop of Eosse his age,t and the imprisonment of Mr John Mur
ray, and that the said Mr John is no way minded, as appeareth,
to give his Majesty satisfaction, neither were it meet, in respect of
his carriage, that he should returne to that ministerie, and to insist
in his deprivation with the Commissioners might perhaps breed us
a new difficulty ; if his Majesty shaU be pleased, we hold it most
convenient for this errand, that the said Mr John be conveened
before the CounseU by bis Majestie's command, and by them
charged to waird in the towne of Newabbey and some myles
about; having Uberty to teach that people, amongst whom he
shah find some "other subject to work upon than the estate of
Bishops. And for the provision of Leith, that his Majesty wold
be pleased to command the Presbyterie of Edinburgh in regard
* At the institution of the Court of Session in May 1532, it was provided that one
half of the Judges be of ecclesiastical dignity ; hence the distinction of Spiritual and
Temporal Lords, which was generally observed until the act 1640, by which all the
Judges were ordained to be Laymen. (Brunton and Haig's Senators of the College of
Justice, p. xxxvii.)
t Mr David Lindesay, appointed Bishop of Ross in 1600, continued to officiate as
one of the ministers of Leith. He died before the year 1613, at the advanced age of
82 or 83.

2 10 APOLOGETICAL NARRATION
of the Bishop of Eosse his age, and the said Mr John his transpor
tation, by his Highnesse appointment, to have care that the said
kirk of Leith be planted with aU convenient diUgence, by Mr Da-
vid-Lindesay,* sometyme minister of St Andrews, for whom both
the people is earnest, and we may have sufficient assurance to his
Majestie's service. And in case the said Presbyterie prove wiU-
full, that another letter to the same effect may be sent to the
Commissioners of the GeneraU Assembly, who may take order to
see that matter ended, if such shaU be his Majestie's pleasure ; and
this wold be done with aU dUigence convenient.
" We cannot but remember also, the misorder keept in the coun
trey, that once was happUy repressed, the wearing of guns and pis-
toUs ; and humbly beseech his Majesty, that some new course may
be established, for searching of such persons and delating of them
to the CounseU, that they may be punished ; and the Thesaurer
may have command to make choise in every countrey, of certain
that shaU be thought fittest to search, who shaU be knowne only
to his Lordship's selfe, and satisfie them for their pains, to the
end this insolency may be restrained. Particularly, it wold be
forbidden, in the granting of Commissioners, that this hberty be
not permitted ; for this is one of the causes of their so often bear
ing, as said is.
" These particulars, your Lordship wUl have care to propone to
his Majesty at some fitt tyme, and see the answers thereof dis
patched accordingly.
" Glasgow,
" By the warrant and desire of the
rest of my Lords, the Bishops."
" Your Lordship shaU remember my Lord Cathnesse f of his
pension. * This David Lindesay was translated from the second charge in St Andrews, to lie
minister of Forgan, in 1606 ; and from thence to Leith, in 1609. He is thus not to be
confounded with David Lindesay, minister of Dundee, and afterwards Bishop of
Brechin. t Evidently Alexander Forbes, Bishop of Caithness, from 1606 to 1615, when he wss
translated to Aberdeen.

OF THE STATE OF THE KIRK. 211
" My Lord, When your Lordship shall speak for the help of our
kirks, by the faU of those men that possessed our livings, and do
justly incurr his Majestie's indignation by their heinous offences,
be pleased to remember the place of Lanerk. The possessors of
the tithes be now excommunicat, and at the home. Desyre his
Majestie's favour for the grant of them to Mr WUUam Birnie, mi
nister there,* whose disposition your Lordship knows to his Majes
tie's service ; and his Highnesse letter for that effect, to my Lord
Treasurer, that he may be possessed in the same with aU conve
nient diUgence. Likewise remember the provision of Cramond,
and the Bishop of Dunkelden's interest to these stayes.
" Glasgow."
The Conference appointed by the last Assembly was holden at
Falkland in the beginning of May 1609. After the reading of the
Commission of the GeneraU Assembly, and the King's missive,
Mr Patrick Sympson's letter was read. He excused his absence
with the mfirmity of his body, and, withaU requested, that there
be no disputation against the estabhshed Church Government,
because there is no particular commission from the Generall As
sembly to that effect ; as likewise, because it is more competent to
another generation to enter in controversie upon such questions
than to us, who are not only bound by our owne promises and
subscriptions, but also have induced others, by our traveUs, to sub-
mitt themselves to the disciphne, as to the undoubted ordinance of
God. Five were chosen for either syde to confer apart, and to set
downe an order of their proceeding. The Earle of Dumbarr, the
Lord of Fentounbarns,t and Mr James Law, Moderator of the last
Assembly, and the ten who were nominat went to the King's
chamber. After the King's Commission was read again, some of the minis
ters objected that it was very generaU, and desyred two things :
* Birnie was afterwards minister of Ayr. He published a work entitled " The
Blame of Kirk of Burial," at Edinburgh 1606. 4to.
t John Preston of Fentonbarns, Lord President of the Court of Session.
o2

212 APOLOGETICAL NARRATION
—1. That the brethren amongst whom the aUedged controver
sies were, should be known by some name, or some way designed,
whereby the one party may be knowne by the other. Nixt, That
the aUedged Controversies should be condescended upon. For
the first point, those who were for the part of the ministerie de
clared, that they agreed in judgment with the godly Fathers, re
formers of the Kirk of Scotland, and such as had from tyme to
tyme satt downe in the GeneraU Assemblies, resolved upon the
Discipline, and obtained the ratification thereof: as also, they
esteemed the DiscipUne receaved by our Kirk, and ratified by the
laws of the countrey, to be the most godly and melt for the go
verning of Christ's Kirk within this realme. Those of the other
syde could not condescend upon any particular nomination or de
signation, whereby their difference from such as had estabhshed, or
adhered to the estabhshed discipUne, might be perceaved; and
indeed no other designation could be made, but that they were a
faction of some few aspyring spirits troubling the Kirk, and seek
ing the overthrow of the discipline for their owne advancement.
For understanding of the second point, the ministers desired that
distinction might be made betwixt matters standing in controversie
among the brethren, and matters extra controversion. Under this
last sort they take aU things concluded in lawfuU GeneraU As
semblyes to be comprehended. Likewise, that clear difference
might be made betwixt private brethren's opinions and conceits,
(put case the number were great), and matters in controversies,
seeing nothing can be caUed controversie, in the Kirk, but that
¦ which hath been receaved as a doubt before in some GeneraU
AssembUes, and dependeth as yet undecided ; for there is an order
concerning cases where brethren doubt and crave reformation,
viz., that such matters should be proponed to the GeneraU As
sembly ordine et decenter, animo cedificandi, non tentandi. Lastly,
seeing the GeneraU Assembly at Linlithgow gave commission to
treat of matters standing in controversie concerning Disciphne, the
ministers demanded what were the particular matters standing in
.controversie. Much tyme was spent, and some threatening used,

OF THE STATE OF THE KIRK. 213
but no clear satisfaction returned to their demands. At last, was
cast in this difference, that some of the brethren had receaved the
constant Moderator, and others not : so that was a controversie
in the Kirk, say they, whether the Moderator shaU be constant or
circular, as they used the terms. Another, that some of the breth
ren thought the Cautions should be keept ; others that not. It
was answered to the first, That the Assembly holden last at Lin
lithgow had expressely provided, that the advice given in the Con
ference at Falkland should be observed till the nixt GeneraU As
sembly. So there was no warrant by their commission to call the
accustomed and estabhshed order of moderation in doubt. Unto
the second, it was answered, That the Cautions, after long reason-
ning and advisement had in Presbyteries, ProvinciaU and GeneraU
Assemblies, were solemnly concluded in two AssembUes, the one
holden at Dundee, the other at Montrose, his Majesty being pre
sent at both the one and the other ; stand in fuU force unrepeaUed;
and can no more be called in question by virtue of this Commission,
than the acts anent vote in Parliament, or any other acts of Gene
raU Assemblies. It was thought meet, notwithstanding, by the
most part, (some nominate for the sincerer sort not being found),
that both the moderation and Cautions should be put in question.
After those that went apart re-entered in place of conference, it
was agreed by the most part, that these two points should be put
in question : — 1. Whether in Synods or Presbyteries the Modera
tion shaU be constant or not ? 2. Whether the Cautions sett
downe in the Assembly holden at Dundee and Montrose should
be observed and sworn to or not ? — Because it was late, they
dissolved for that night.
The day foUowing, when the Moderator proponed, that one for
either syde should be nominat to reason upon the first question,
it was answered by the Ministers, that it was most convenient to
reason by write, 1. For the eschewing of idle and hott speeches,
superfluous digressions, and impertinent discourses, whereby breth
ren might be irritated, and tyme unprofitably spent. 2. For avoid
ing of different reports to be made by brethrene of different judg-

214 APOLOGETICAL NARRATION
ments after the conference. Therefor, they requyred that the
other party wold set down their opinion in articles confirmed with
reasons, and promised to answer in as ample and succinct forme as
they could possibly conceave. The ministers removed tUl they
had advised upon ane answer. After their returne, the Moderator
objected, 1. The custome of our Kirk. 2. The custome of con
ferences and coUoquies. 3. His Majestie's prohibition. 4. Eicon-
veniences which might foUow ; as, namely, that copies wold pass
abroad, and come in the hands of enemies or Papists. It was
answered to the first, That whUe the Kirk of Scotland had to do
with the CounseU anent the treating upon, and concluding of the
Heads of DiscipUne, they receaved writ one from another. To the
second, That coUoquies nominated by them had very evU conse
quences and effects, and others treating by writ had better suc-
cesse. To the third, That writt, whereby jangling of words, and
tedious digressions might be avoided, was fittest for settling aU
matters peaceably, which his Highnesse declared was his inten
tion. To the fourth, That in case of agreement, the interchanged
papers might be burnt, and the conclusions agreed upon only put
in writt. If they cannot agree, whatsoever shaU pass in write,
may by common consent be destroyed. Farther, the ministers al-
ledged, that reasoning by word without a judge could not be had
without tumult and confusion and contradictorie reports after the
breaking up of the meeting, whereby the present distractions wold
be made greater. When they should come before the Generall
Assembly, the Judge Ordinary, they should be ready to reason
by word or by writ, as [it] should please the Assembly to enjoyne.
Ei end, the Moderator desired either partie to advise upon some
overtures for the peace of the Kirk. The ministers agreed upon
five articles, but were not accepted. The advice of the other partie
was read, little said for it, and nothing against it. Ei end, it was
concluded by the most part, That two questions were proponed,
but for shortnesse of tyme were not disputed ; and, therefore, all
farther treating upon the same to be continued till the first Tues
day of August, appointed for their meeting to that effect in Stir-

OF THE STATE OF THE KIRK. 215
hng ; — that they be ready at the said meeting to propone their
minds either by word or writ ; — and that they set down in writ
aU the differences which they do conceave in the matter of Disci
pUne, that some sohd course may be taken with common consent
for removing of the same. In the meantime, it was thought expe
dient the Assembly should be prorogat tUl the first Tuesday of
May nixt to come, to be holden at St Andrews, if so it please his
Majesty. CarefuU proceeding against Papists was recommended
to the Presbyteries, and intertaining of brotherly love.
By this Conference, the Bishops aime at a pretended reconcili
ation. In the last Assembly, as by Commission which was granted
for this Conference may be very clearely perceaved, it was, at least,
to have themselves settled constant Moderators in Synods and
Presbyteries, where they had residence, and a relaxation from the
Cautions. Yet this much they gained, that no opposition was made
to them at the nixt ensuing ParUament. Some of the ministers
feared their associats wold play the prevaricators, in case there
had been a conflict, and therefore were content the conclusion
should passe in the forme above mentioned.
Ei the Parhament which was holden in June, the Bishops took
pEce betwixt the Honors* and the Earles, ryding to the Parlia
ment House. It was ordained, That such as were to direct peda
gogues with their sons to foreign countreyes have a sufficient tes
timoniaU from the Bishop of the diocie where the pedagogue for
the most part made his residence lately before. Item, That the
Bishop shaU once in the year give up to the Treasurer, Coun-
troUer, CoUector, or their Deputes, and to the Director of the
ChanceUarie, a roU of such in his diocie as are excommunicat for
rehgion ; and that the said Treasurer nor his Deputes receave no
resignations, nor grant confirmations, nor infeftments in their fa
vour ; and that the Director of the ChanceUarie and his Deputes,
* The Officers of State, who carried the Honours (the Sword, Sceptre and Crown) at
" the Ryding of the Parliament," or, the public procession to the Parliament House,
which took plac<f before the opening of Parliament. This order of precedency granted
to the Prelates, occasioned much umbrage to the Nobility.

216 APOLOGETICAL NARRATION
give out no breeves nor receave no retours, direct no precept upon
the retours or upon comprysings in any of the saids persons fa
vours, till they produce to the said Treasurer, ComptroUer, Direc
tor of the ChanceUarie and their Deputes a sufficient testimoniaU
subscribed by the Bishop, testifying their relaxation from the said
excommunication. So that which should have been granted to
Presbyteries was concredited to Bishops to advance their credit
and power in the country. The Bishops were ordained to caU
before them Papists, Jesuits, Seminary Priests, and their resetters,
within their bounds respective, to try if they had contraveened the
Act of Parliament made against them ; and, after tryaU, to report
to the King's Advocate and the Lords of the Secret CounseU, that
they may be conveened before themj and punished. Ei the 6th
Act of this Parliament, it is declared, that his Majesty, with ex
presse advise and consent of the Estates, has restored the Arch
bishops and Bishops to their former authority, dignitie, preroga
tives, privUedges and jurisdictions lawfully pertaining, or which
shaU be knowne to pertain to them, alwayes flowing from Ms
Majesty as an ordinary jurisdiction doth, — and especiaUy to the
jurisdiction of Commissariats, and administration of justice by their
commissioners and deputies in aU spirituaU and ecclesiasticaU
causes, controverted between any persons dwelling within the
bounds and diocies of their prelacies and bishopricks, jurisdic
tions, &c. It is declared, That the restitution of the said juris
diction be with expresse reservation of his Highnesse, and his
successors, their prerogative and supremacie in aU causes eccle
siasticaU and civUl. It was referred to .the King to prescribe an
order for the appareU of kirkmen, agreeable to their estate and con
dition. The Commissioners, votters in Parliament, styled Archbishops
or Bishops, become more insolent after this Parhament. As they
grew in greatnesse, their whole behaviour, actions and speeches
were changed, and many of the ministerie foUowed them.
The Conference was not holden at Stirling in August, as was
appointed at Falkland. The Bishops growing daUy more power-

OF THE STATE OF THE KIRK. 217
fuU, through want of opposition, hoped to attaine to their inten
tion more easily in an Assembly dressed and prepared for the pur
pose. The King himself fearing opposition by disputation in writ,
was content that dyet should desert.
Mr George Gladstones, Bishop of St Andrews, and Mr James
Law, Bishop of Orkney, went to Court about the beginning of
October. What they contrived the event soon after declared.
Ei the beginning of November, the King declared by letter to
the CounseU and Ministerie [of Edinburgh], that it was his wiU,
that their pulpits should be patent to aU the Bishops that were to
be in the towne, and were desirous to teach. This point, and the
other of the Commissariats above mentioned, were recommended
the year preceeding to Mr Gavin HamUton.
The King directed that the Session should rise the 25th of De
cember, and not sitt downe again tUl the 8th of January. This
was the first Christmasse vacancie since the Eeformation.
Mr John FairfowU, minister at Dumfermhng, was caUed before
the CounseU, at the King's direction, for praying for the distressed
ministers within and without the countrey. For this great offence,
he was confyned in Dundee during the King's pleasure. Our new
Prelates made men beheve confining was a mitigation of a heavier
punishment; yea, they craved thanks for procuring this favour.
The mercies of the wicked are crueU.
Upon the 20th of December, the King's pleasure was declared,
That the extraordinary Lords of the Session should be discharged,
which was thought very strange. But it was seen the nixt month
what the matter meant ; for Mr Peter EoUock * was displaced, and
Mr John Spottswood was admitted in his roome, and the rest were
restored again to their owne places. Spotiswood was the first of
the new Prelates that took this place, directly contrarie to an
article given in by his father to the GeneraU Assembly, anno
* EoUock, originally bred to the law, was admitted Bishop of Dunkeld in 1585, and
an Extraordinary Lord of Session in 1596. Spotiswood's appointment as one of the
Judges did not take place at this time ; and Rollock was restored in 1610. (Senators
of the College of Justice, p. 236.)

218 APOLOGETICAL NARRATION
1572. The Bishops had made a sute for the kirkmen's place in
the Session in the year preceeding, as ye may see in the memo-
rialls concredit to Mr Gavin Hamilton. None of the number were
so audacious to break the yee to the rest as Spotswood.
About the end of January 1610, the Scotish Secretaire, .Sir
Alexander Hay, brought down from Court direction for the habits.
Ministers were ordained to wear black cloathes, and in the pulpits
black gownes, which was proclaimed in the beginning of February.
The forme of the Bishops and Doctors habits, of the Senators and
CoUedge of Justice, Advocates, Clerks, &c, was prescribed. The
Act of ParUament importeth not the imposing of the surplice, or
such like sacred vestures.
Upon the 14th of February, the GeneraU Assembly, which was
appointed at Linlithgow to be holden at St Andrews in May, was
continued, and no new dyet was appointed, but reserved to his
Majestie's further resolution, and full persuasion, that some good
may be done and no harm ensue thereupon. The pretended rea
son, forsooth, was the distraction betwixt the fathers of the Kirk,
(so were the Bishops caUed for their Bishopricks), and some minis
ters ; and yet was there an Assembly holden in June, without any
further appearance of agreement betwixt those reverend fathers
and other ministers than before.

THE THIRD STEP : THE POWER OF THE HIGH COMMISSION.
The Commissariats granted to them, anno 1609, and other pre
rogatives above mentioned, granted by that ParUament, may be
numbered among the steps and degrees whereby the aspiring Pre
lates ascended to their grandeur. But because the ministers and
people took not great notice of them, I have not numbered them
among the steps or degrees of their ascent.
A Commission under the Great SeaU was given to the two
Archbishops, Gladstones and Spottswood, to hold two Courts of
High Commission, which was proclaimed at the Crosse of Edin
burgh, about the end of February 1610. By this Commission, one

OF THE STATE OF THE KIRK. 219
Archbishop, with any four named in the Commission whom it shall
please him to associate to himself, ministers or laymen, as they caU
them, may cite, at the first instance, any offender to compear before
them ; may advocate causes from the ordinary judicatories of the
Kirk, upon complaint given in by any person, scandalous in life,
or erroneous in religion. One Archbishop with four commissaries,
or any other four contained in the roU, not bearing any ecclesiasti
caU function, may judge upon any whom they deem scandalous in
doctrine, or erroneous in reUgion ; may compeU his minister to ex
communicate him ; and may suspend, deprive or waird the minis
ter in case he refuse. They may fyne and imprison professors.
Sickhke, he who is styled Bishop, associating to himself other four
ministers in the roU, may imprison, fyne, suspend, deprive, decerne
excommunication, and so are armed with double vengeance.
The King might as well give power to fyve of the meanest mi
nisters in Scotland to fyne, imprison, suspend, deprive, &c, aU the
ministers and professors within the countrey, whom they shaU
deem scandalous in Ufe, or erroneous in doctrine or religion ; for
those who were styled Bishops at this tyme were but simple Mi
nisters, and were styled Bishops only in respect of their benefices.
This was farr from their former profession and promises made, that
they should have no jurisdiction above their brethren. But they
now accept of spirituaU and temporaU power. By arming them
selves with this double power, they become terrible to the minis
terie and subjects, and acquyred to themselves, at the nixt As
sembly, a greater power over their brethren, but not the office of
a Bishop. And suppose they had, yet may not the supreme ma
gistrate give power to kirkmen to imprison, fyne, or yet to sus
pend and deprive ministers, but only to urge them to exercise the
power and jurisdiction that belongeth to them by their office:
farr lesse may he give power to a Minister or Bishop, and four
Commissioners, or other four laymen, to suspend or deprive minis
ters, or decerne any offender to be excommunicat. The pretence
of this Commission was, the advocation to the Counsell, purchased
by such as were scandalous in their life, which is indeed a matter

220 , APOLOGETICAL NARRATION
complained upon in GeneraU AssembUes. But the pretended re
medy was worse than the disease; for there needed no farther
redresse of such abuses, but to suffer the ordinary judicatories of
the Kirk to have free course; and so much the rather, seeing
there is appeUation from Sessions to Presbyteries, from Presby
teries to Synods, from Synods to the Generall AssembUes. The
King promised, in the Assembly holden at Montrose anno 1600,
that, in tyme coming, no letters should be directed from the Secret
CounseU at the instance of any person against any minister in par
ticular, or against any Presbyterie in generaU, for whatsomever
thing he or they shaU do in execution of his or their offices, be
fore the said person produce ane testimoniaU, under the forme of
an instrument de denegata justitia by the minister, or Presbyterie
judges ordinary.
In the last Assembly holden at Linlithgow, this overture was
agreed upon, That no favour be granted to Papists or traffiquers,
by any officer of Estate, without his Majestye's privity, under the
pain of incurring his Majestie's high displeasure; as also, that the
Counsell make no impediment by their letters of horning. In the
thirteenth Parliament, holden 1593, there is an act against the
contemners of the sentences and decreets of GeneraU or SynodaU
Assemblies, Presbyteries, and Sessions of particular kirks ; but here
the ministers styled Bishops, with other four in the roU, hath
power, not only to advocate causes upon complaint of parties, but
also to call before them any whom they hold scandalous or errone
ous; to command ministers to excommunicate them, under the
pain of suspension, deprivation, or wairding; and to caU before
them ministers, or professors in schooUes, coUedges, or universities,
whom they shaU understand to have uttered, in pubUct, any thing
against the conclusions of the bypast GeneraU AssembUes, or in
favours of any of these who are banished, wairded, or confyned,
and to punish them according to the quality of their offence.
This exorbitant power over the bodies and goods of the subjects,
and of the censures of the Kirk granted to these Courts of High
Commission, was authorized by the CounseU, and is to this day as-

OF THE STATE OP THE KIRK. 221
sisted and fortifyed by the CounseU, howbeit in the Act of Par
liament anno 1584, [aU] are strictly inhibited to acknowledge any
judicatory or jurisdiction not approved by the King and the
Estates of ParUament. If it were not for fear that the Lords of
CounseU wold give out letters to force obedience to their decreets,
the Bishops wold be litle regarded for aU their Courts of High
Commission. It was not, then, [so much] the Court or Courts of
High Commission that did bear downe, or stiU beareth downe the
Kirk, as the CounseU, or the chief ringleaders of the Counsel!,
the Officers of Estate.

THE FOURTH DEGREE OR STEP : ORDINATION AND JURISDICTION
TTED TO THEM.
After that the Bishops became Lords in ParUament, CounseU,
Session, Lords of TemporaU Lands and EegaUties, Patrons of Be
nefices, Moderators of Presbyteries, Commissioners of the GeneraU
Assembly, Commissioners in the King's Courts of High Commis
sion, and, consequently, great and terrible to the ministerie, and
other professors, it was thought fitt and rype tyme to convocat a
Generall Assembly. It was convocat in the beginning of June,
when the ministers did not expect any such thing ; because the
Assembly appointed to be holden in May was prorogat by procla
mation in February, without appointment of any new dyet. Nei
ther was this Assembly indicted tUl the time approached very
near ; for it was their custome to surprise the ministerie, and, as
we use to say, to steaU a dint. Notwithstanding of their grandeur,
and that their chief opposites were either banished, wairded, or
eonfyned within or without the countrey, and removed out of
their way, darr they not venture upon a free election of the rema
nent of the ministerie, but procured missives from the King to
the Presbyteries, to make choice of such persons as were given to
him in note by them. Missives were directed Ukewayes from the
King to the persons nominated. The King's missives to the Pres
byteries were seconded with letters from the Bishops to the Pres-

222 APOLOGETICAL NARRATION
byteries, assuring themselves they wold not provock the King's
Majestie to wrath without necessary occasion.
What greater assurance could the King have, upon the first of
Aprile, the date of his missives, that some good course should be
taken for redresse of all misorders, and that the division of minds
amongst the ministers should cease and be extinguished ? Whence
come the advertisement of late, of great confusion arising in the
Kirk by reason of the loose and unsettled government which was
therein, after the Assembly was prorogat in February ? It is strange
that the Assembly which should have been holden at St Andrews
in May, should have been discharged in February without appoint
ing another dyet, and, upon a suddentie, should be appointed to
be holden in the beginning of June. The Assembly was only inti-
mat by missives to the ministers, and such barrons as it pleased the
King, with advice of the Bishops, to caU to that meeting ; where
as the intimation should be more pubhck, because the GeneraU
Assembly ought to consist, not only of ministers, but also of Bar
rons and Commissioners from burghs, freely chosen, and that ap-
peUants, supphcants, and complainers, may addresse themselves to
it. What good could be expected of such an Assembly, where
the members were, chosen by such as aspyred to EpiscopaU juris
diction ? for the King himself was not acquainted with the names
and dispositions of every particular person recommended by himj
or in what Presbyterie they had their residence. The King inti-
mateth, that it is his pleasure that the Presbyteries conforme them
selves to a note of the names which he had sent to the Bishop,
and that they shall do him acceptable service m so doing. Is not
this to procure and sohcite for Commissioners ? yea, in effect, to
command ; nam qui rogat potentior, imperat rogando. The King, in
his missive, signified that the Bishop was acquainted with his pur
pose ; and the Bishop himselfe professed that he had credit in these
matters, and insinuat that if they choose any other, they would pro
vock his Majesty to wrath. Letters were likewise sent to the
particular persons nominate, so that there was no hope that any
other ministers wolcl have place there, neither was it convenient

OF THE STATE OF THE KIRK. 223
that honest men should mix with them : yet, such is the servi-
litie of our ministrie, that they acknowledge such AssembUes in
giving obedience to their acts. What good could they expect
when Mr John Spotswood, styled Bishop of Glasgow, was chosen
Moderator ? aU that were present voting for him except five, how
beit teaching that day in the morning, he had said, that religion
was brought in with confusion, but must be maintained by order.
Mr Peter Primrose, * with other ministers of the West, were
mynded to protest for the liberties of the Kirk. He began no
sooner to break off, but the new Moderator interrupted him, and
referred him to the Privie Conference ; because they must go to
dinner. Mr Peter and his associates were so wrought upon, partly
by threatening, and partly by flatterie, that there was no more
dinn of a protestation.
The conclusions agreed upon in the Privie Conference were not
proponed or discussed severaUy in the pubhck Assembly ; so easUy
did the King and his Bishops attaine to their intent.
To induce the ministers to condemne the Assembly holden at
Aberdeen, Mr Spottswood used this reason: " The brethren
banished have promised to confesse a fault, if their fact shaU be
condemned by a GeneraU Assembly : So that, if we declare the
Assembly holden at Aberdeen to be nuU, they wUl obtaine liberty
to returne to their owne congregations." The name of " Presby
terie " in their conclusions was rejected, as a word which his Ma
jesty could not hear with patience, howbeit it be a Scripture word ;
and therefore, instead of the word " Presbyterie " was this peri
phrasis used, according to the meaning of the Assembly, " The
ministers of the bounds." But the Bishops covered intention was
to interpret that periphrasis to be meant of the ministers within
the bounds, where such actions as are specified in the act are to be
performed, whether they be of one Presbyterie or of diverse ; few
or moe as it pleased them to make choise of, the bounds not being
determined nor the number defyned ; and yet the word " Presby
terie" was heard with patience afterward in the Assembly holden
* Minister of Mauchline, in Ayrshire. .

224 APOLOGETICAL NARRATION
at Aberdeen. But such tricks in their conceit served their turn
for the present.
Dumbarr * professed plainly he wold have no man there to give
any countenance of disliking.
Some of the votters had no commission from their Presbyteries.
Some had Umited commissions. Some had commission to protest
against whatsomever thing should be concluded prejudiciaU to the
acts of former Assembhes, as the Commissioner of Haddingtoune,
howbeit he discharged not his duty in that point. [There were] a
number of ministers brought from Orkney, Caithnesse, Sutherland,
by Mr James Law Bishop of Orkney his procurement, who had
never seen the face of a GeneraU Assembly before.
Noblemen, Barrons, Bishops, and others, who had no commis
sion either from Presbyterie or Synod, were present to make aU
sure by the plurality of vottes if there had been need.
Some acts were made against Papists, and for provision of mi
nisters to unplanted kirks. The meeting was dissolved after the
singing of the 133d psalme, and no new Assembly was appointed.
Money was given largely to such as served the King and the
Bishops, under pretence of bearing their charges. The constant
Moderators got their 100 pounds which was promised at the pre
tended Assembly holden at LinUthgow, anno 1606. To some was
promised the augmentation of their stipends. He that voted non
liquet got nothing, because he had done no service. Mr John
HaU, for his service, got a pension.
The heads and articles agreed upon in the third Session for the
overthrow of the Disciphne here foUows : —
THE HEADS AND ARTICLES CONCERNING THE DISCIPLINE OF THE
KIRK EST ALL TIME COMING.
" In the first, it is declared, That the aUedged Assembly holden
at Aberdeen, is nuU in itselfe, speciaUy in respect it had not his
Majestie's aUowance, and was discharged by his Highnesse Com-
* Sir George Home, Earl of Dunbar, High Treasurer.

OF THE STATE OF THE KIRK. 225
missioner. And because the necessity of the Kirk craveth that,
for order taking with the common enemy, and other affaires of the
Kirk, there be yearly GeneraU Assemblyes, the indiction where
of the Assembly acknowledgeth to appertaine to his Majesty, by
the prerogative of his KoyaU Crowne ; the GeneraU Assembly
was to request his Majesty, that a GeneraU Assembly may be
holden once in the year, -or at least, in respect of the necessity
foresaid, that his Majesty wold appoint a certaine tyme, at the
which the same shaU be holden precisely, in aU tyme coming.
" Item, It is thought expedient that the Bishops 6haU be Mo
derators in every Diocesian Synod, and the Synod shaU be holden
twice in the year, of the kirks of every diocie ; viz., in Aprile and
October ; and where the diocies are large, that there be two or
three Synods in convenient places, for the ease of the ministerie.
" Item, That no sentence of Excommunication or absolution there
from be pronounced against, or in favours of any person without the
knowledge and approbation of the Bishop of the diocie, who must
be answerable to his Majesty for aU formaU and impartiaU proceed
ings therein ; and the processe being found formaU, the sentence
to be pronounced at the direction of the Bishop, by the minister
of the paroch where the offender dweUeth, and the process began.
And in case the Bishop shaU be found to have stayed the pro
nouncing of the sentence against any person that hath merited the
same, and against whom the process hath been lawfuUy deduced,
the same being tryed, and he convicted in the GeneraU Assembly
therefore, that advertisment shaU be made to his Majesty, to the
effect another may be placed in his roome.
" Item, That aU Presentations be directed hereafter to the Bishop ;
and upon any presentation given, or otherwayes suit made by any
to be admitted to the ministerie, the Bishop is to requyre the mi
nisters of those bounds where he is to serve, to certifie by their
testificate unto him of the partie, suiter, his conversation past, and
ability and quaUfication for the function ; and upon the returne of
their testificate, the Bishop is to take farder tryaU ; and, finding him
qualified, and being assisted by some such of the ministrie of the

226 APOLOGETICAL NARRATION
bounds where he is to serve, as he wUl assume to himselfe, he is
then to perfect the whole action of Ordination.
" Item, In Deposition of ministers, the Bishop associating to him
selfe the ministrie of the bounds where the delinquent served, he is
then to take tryaU of his fault ; and, upon just cause found, to
deprive. " Item, That every Minister at his admission shaU swear obe
dience to his Majesty, and Ordinar, according to the formes sett
downe in the Conference keept in the year 1571-2, whereof the
tenor foUoweth : —
THE FORME OF THE OATH TO BE GIVEN BY THE PERSON PROVIDED
TO ANT BENEFICE WITH CURE, AT THE TYME OF HIS ADMISSION
BY THE ORDTNAR.
" I, A. B., nominated and admitted to the C. of D., utterly testifie
and declare in my conscience, that the right ExceUent, right High,
and Mighty Prince, James the Sixt, by the grace of God King of
Scots, is the only lawfuU supreame governour of this realme, as weU
in things temporaU, as in conservation and purgation of rehgion ;
and that no forreigne Prince, Prelate, State, nor Potentate, have,
or ought to have, any jurisdiction, power, superiority, preheminence
or authority ecclesiasticaU and spirituaU, within this realme. And
therefore I utterly renounce and forsake aU forreigne jurisdictions,
powers, superiorities and authorities ; and promise, that from this
tyme forth, I shaU and wUl bear faith and true aUedgeance to his
Highnesse, his heirs and lawfuU successors ; and to my power, shaU
assist and defend aU jurisdictions, privUedges, preheminences and
authorities granted and belonging to his Highnesse, his heirs and
successors, or united and annexed to his royaU crowne. And farther,
I confesse to have and hold the said C, and possession of the same
(under God only) of his Majesty and Crowne royaU of this realme ;
and for the said possession, I do homage presently to his Majesty
and Highnesse in your presence ; and to his Majestie, his heirs and
lawfuU successors, shaU be faithfuUy true. So help me God.

OF THE STATE OF THE KIRK. 227
" Item, The Visitation of the diocies is to be done by the Bishop
himselfe ; and if the bounds shall be greater than he can overtake,
he is then to make speciaU choice, and to appoint some worthy man
> to be visitor in his place. And whatsoever minister, without just
cause and lawfuU excuse made, shaU absent himselfe from the Visi
tation, or the Diocesian Assembly, he shaU be suspended from his
office and benefice, and, if he amend not, shaU be deprived.
" Item, Exercise of doctrine is to be continued weekly among
the ministers, at the tymes of their accustomed meetings, and to
be moderated by the Bishop, if he be present, or then, by any
other whom he shaU appoint at the tyme of the Synod.
" Item, That the Bishops shaU be subject in aU things concerning
their hfe, conversation, office and benefice, to the censure of the
GeneraU Assembly ; and, being found culpable, with his Majestie's
' advice and consent, to be deprived.
" Item, That no Bishop be elected, but who is past the age of
forty years compleat, and who hath at the least been an actual and
teaching minister by the space of ten years.
" Which whole articles being diverse tymes pubhckly read in
the face of the whole Assembly conveened, after voteing, the same
were ratified, approved, and concluded by the whole Assembly,
and ordained to be observed in aU tyme coming.
" Sess. 5. Forsameikle as in this present Assembly, it is afready
statute, that the exercises shaU be moderate by the Bishops in the
meeting of the ministry, if they be present, or then, by any other
whom the Bishop shaU appoint at the tyme of the Synod ; and be-
' cause the nixt Synod is not to be holden before the moneth of Octo
ber nixt to come, therefore it is ordained, that, in absence of the
Bishops, the constant Moderators shall remaine in their own places,
tiU the nixt Synod be holden in October nixt to come."
There were but fyve of the whole number disassented. Seven
, answered non liquet. The rest consented to these conclusions,
whose names deserve to be registrat in a larger History to their
eternah infamie. *
In these Articles they acknowledged, that the necessity of the
p2

228 APOLOGETICAL NARRATION
Kirk craved there should be yearly GeneraU Assembhes, yea, the
Bishops assured the ministers there conveened, that the King
wold grant them the hberty of the GeneraU Assemblies every year.
And in that they were made liable to the censures of the GeneraU
Assemblies, it appeareth that the power granted in these articles
above written falleth, in case we have not ordinar and sett Gene
raU AssembUes to censure them ; for it were foohshnesse to make
them Uable to the censures of GeneraU AssembUes, if it were un
certain whether they might have AssembUes or not. The Bishops
then are but usurpers in whatsomever they claim by virtue of
these articles ; and ministers are but slaves in acknowledging them
for respect to these articles, suppose that Assembly holden had
been nuU of itself; for it is weU known we have no ordinary Gene
raU AssembUes to censure them. Howbeit they were made liable
to the censure of the GeneraU AssembUes, yet the ministers there '
assembled are not to be excused; for what hope could there be of
bearing downe their tyrannny in the GeneraU AssembUes, if Pres
byteries and Synods be made obnoxious to them ; for if the Pres- 1
byteries and Synods be subdued or corrupted by them, the Assem
bly, consisting of Commissioners from Presbyteries or Synods,
must be subdued and corrupted also. Where they acknowledge
the indiction of the Assembly to appertaine to the King, by the
prerogative of his royaU Crowne, (if that clause be not foisted in
without their knowledge), they have betrayed one of the chief
liberties which Christ hath granted to the Kirk, and was ratified
by the lawes of the countrey.
It appeareth that the Bishops Visitation and the holding of the <
Diocesian Synod are either taken as equivalent and to import that i
the holding of the Diocesian Synod is nothing else but a visitation ^
of the ministers at the Diocesian Synod, which visitation, Sylvester
in his Summa caUeth the imperfect or not full visitation, distin
guishing it from the fuU visitation, when the Bishop visiteth the
particular kirks of the diocie. If they were not taken for one
thing, the Bishop might not depute another to moderate the Dio
cesian Synod, as by these articles he may depute another rmnister '

OF THE STATE OF THE KIRK. 229
to visit his diocie. If it be not an EpiscopaU visitation, why is
the pretended Bishop suffered to substitute a vicegerent, seeing
that part of the act, which toucheth the moderation of Diocesian
Synods, giveth him no power to substitute any but that which a
simple Moderator should do ? Chooseth not the Bishop his own
clerk, without consent of the Synod ? continueth the dyet at his
own pleasure ? summoneth persons to compear in his owne name,
and not in name of the Synod ? suffereth nothing to come in vot
ing but what he pleaseth, or names to be called for giving of
votes, but when he pleaseth? numbereth and pondereth them as
he pleaseth? and when he hath ventured a matter upon voting,
he wiU not stand upon plurahty of voices ? When they have pyped,
he wiU dance as he pleaseth, as Mr James Law, Bishop of
Glasgow, said once at a Diocesian Synod.
In one of the Articles, it is ordained, That whatsoever minister,
without just cause, shaU absent himself from the Visitation or the
Diocesian Assembly, shall be suspended from bis office and bene
fice, and, if he amend not, shaU be deprived ; where ye see, they
are joined togither, Visitation and the Diocesian Synod ; and no
mention is made of visitation in any other article but in this, where
the Diocesian Assembly is joined with it. How then can minis
ters cover their repairing to Diocesian Synods, and bear the world
in hand that there is no difference betwixt the ProvinciaU Synods
we had, and the Diocesian Synods we have now, but only that the
Bishop is constant Moderator ? EpiscopaU Visitation and a Pro
vinciaU Synod or CounseU cannot consist togither in one meeting,
and proceed after one manner and forme. If it be a visitation,
the Bishop is only judge, and the ministers there conveened sub
ject themselves to his visitation. J£ it were merely a CounseU,
then the Bishop were only President or Moderator ; but when mi
nisters shaU oppose to the Bishop's substituting whom he pleaseth
to moderate, citeing in his owne name and using a negative power,
&c, then shaU we say, they stand to the nature of a Synod?
Farther, Is there no more requyred but to stand to the nature of
a Synod? Ought they not to stand to the freedome which the

230 APOLOGETICAL NARRATION
Synods [were] wont to have ? The perpetuity of moderation in
the persons of the pretended Bishops beareth downe free reason
ing and voting; and because, by a divided consideration, the
Bishop is to be considered out of the Synod as a High Commis
sioner or Visitor to suspend, deprive, waird, fyne any of them, give
coUation of benefices, &c. The repairing to Diocesian Synods
possesses them in the chief place of the Kirk, and instaUeth them,
as it were, in their EpiscopaU thrones, which, if it were forborne,
the world wold see more clearly aU their usurpation otherwayes.
The pretended Bishops have no power granted by these Articles
to intend or reduce processe against any offender, but only to re^
vise the processe. How can they then aUedge, that Presbyteries
stand only precario and by toUerance? for where shah the pro
cesse against any offender be intended or reduced, if not in the
Presbyterie ?
E the King should be advertised by the GeneraU Assembly that .
another may be placed in the roome of the Bishop, staymg the
pronouncing of the sentence of Excommunication, the processe
being lawfully deduced, doth it not presuppose that there must be
ane ordinary sett tyme for the GeneraU Assembly which should
try and complaine ? doth it not foUow, seeing we have not such
ordinary Assembhes, that the Presbyteries may use their wonted
Uberty to the sentence of excommunication or absolution, howbeit
the Bishop's approbation cannot be had ?
CoUation of benefices was not taken from Presbyteries by this
act, but afterward by the ParUament.
What if the Bishop judge him not quahfyed whom the Presby
terie hath found qualifyed for the ministry ? ShaU the judgment of
one cross the judgment of many ? But let this passe as absurd.
Why do not Presbyteries oppose to the entry of ministers admit
ted without tryaU ? for by " the ministers of the bounds," who
should try the person to be admitted, was meaned " the Presby
terie :" that pretended Assembly forbearing the word " Presby
terie," only because it was offensive to the King, as was aUedged,
and useing a description in place of it. And sicklike, why do they

OF THE STATE OF THE KIRK. 231
acknowledge any for a deposed minister, not deposed with consent
of the ministerie of the bounds where he serveth ? May not Pres
byteries proceed to admission by themselves, or deposition, if the
Bishop take any other course than is approved by the acts of this
pretended Assembly, or seeing there is no ordinary GeneraU
AssembUes ?
It seemeth, that in the article concerning the Oath to be taken
at the tyme of the admission, that these words, " and to his Ordi
nar," seeing: it is not declared before, who is the Ordinar ; nor the
forme of the oath is not sett downe ; and it is insert betwixt that
part of the act, which concerneth swearing obedience to his
Majesty, and the forme of that Oath.
Li the article of the exercise of doctrine, the exercise of disci
phne, for any thing that is found in that article, may be moderat
by a Moderator chosen by the Presbyterie.
E the Bishops shaU be subject in aU things concerning their life,
conversation, office and benefice, to the censure of the GeneraU
Assembly, then it is evident, that in the former articles nothing
was granted, but upon assurance of sett and frequent Assemblies.
Therefore, this failling, it foUoweth, that not only they have ipso
facto forfaulted aU the power granted to them in the former ar
ticles, but also that they remained stiU subject to the censures of
the Presbyteries and Synods, conforme to the Caveats sett downe
in former Assembhes, for keeping them from corruption ; and that
the Bishops usurpation wiU be no excuse to ministers deserting
the cause of God, and aU men wiU think them unworthie of their
place, quyting the Uberties of the Kirk. But considering the
nature of this Assembly, and the reasons above mentioned for the
nullity of it, they ought not to have acknowledged it at aU.
GeneraU AssembUes may choose their own Moderator, notwith
standing of any thing that is said in this Act of this Assembly,
howsoever the pretended Archbishop usurpeth the place.
Some faithfuU and zealous ministers condemned in their sermons
pubhckly, and laid to the charge of the Bishops perjurie and defec
tion. Upon this occasion foUowed a terrible proclamation for ratifi-

232 APOLOGETICAL NARRATION
cation of the acts of that Assembly. An iU turne hath need to be
weell backed. When God's glory and the weeU of the Kirk was
chiefly regarded in Assembhes, there was no need of such pro
clamations to force ministers to obedience, or to suppresse oblo-
quie. Mr George Gladstones, Bishop of St Andrews, held a Diocesian
Synod in St Andrews, in October nixt foUowing [1610] after this
Assembly. He sent before his missive to particular mmisters, re
questing them to concurr to such things as are competent to that
judicatorie for their interest, and to abyde such tryaU as shaU be
thought fittest ; and, withaU, intimateth, that suspension from the
ministerie is the penaltie of vrilfuU absence for the first time. He
sat with his green velvet cusheon before him, and Mr John Mitch-
elson, Clerk, on a stooU besyde him. When he craved a Privie
Conference, Mr John Malcolme, Mr WiUiam Erskine, Mr John
Kinneir, Mr David Mearns, and Mr David Spence, made some
opposition, and would understand by what authority the order
established in our Kirk, by so many famous AssembUes, was alter
ed, and upon what warrant he was Moderator ?- When he aUedged
the act of Glasgow, and it was read, the brethren were much
moved. Mr David Spence said, " If I had the value of fourtie
shillings to plead for before a judge, wUl I make that man procu
rator for me, whom I know perfectly wiU give my fourtie shillings
to my partie ? We know that these men who were nominate, for
the most part, to that Assembly, were of a contrary mynd and
intention, and, therefore, we wold give them no commission from
our Presbyterie." Mr WUliam Couper, an unconstant man, and
then gapeing for a bishoprick, so minced the matter, as if nothing
had been concluded but things indifferent. The Bishop partly
threatened, if any repyned at the acts of that Assembly he should
be deposed, and farther punished according to his Majestie's plea
sure, partly with flattery, promising that nothing should be done
but with consent of the whole. There was no farther opposition.
When the Conference conveened, the Bishop sent for Mr Eobert
Howie, aUedging that doctors should be joined with pastors in

OF THE STATE OF THE KIRK. 233
case any doubt occurred ; howbeit, Mr Andrew MelvUl was de
barred before by an act made by the Commissioners of the GeneraU
Assembly, for fear to be crossed in their courses. When it came
to the tryaU of the brethren, a whole Presbyterie was not removed,
as was the custom before, but five or six brethren. He asked at
ten or twelve, and then in generaU, if any had ought to object.
Thereafter he caused the beddall cry at the kirk door, E there were
any man ready to object against the ministers of A, B, C, their life
and ministry. So sundry signes of EpiscopaU Visitation, rather
than of a ProvinciaU Counsell or Synod, appeared to any that were
judicious. Upon the Sabbath-day after, while he was reposeing
himselfe upon his bed, in tyme of the afternoon's sermon, his
sister's son kUled his cook with a throw of his dagger, just under
the left pape. He was wakened out of his sleep, and the people
in the kirk were raised with a cry of blood and murther.
He was to hold his Diocesian Synod of Lothian in Hadding-
toun the 1st of November. He requyred the ministers to be pre
sent, accompanied with two or three Commissioners from every
paroch, and threatened the absents with suspension. Here, again,
ye see the signs of EpiscopaU Visitation. The Presbytery of
Haddingtoun thought it meet to declyne him, and resolved upon
a supplication, to move him not to urge them with any other dis
cipline or government of the Kirk than they had sworn to and
subscribed at the King's command, and command of the GeneraU
Assembly, and practised so many years. Mr James CarmichaeU
was ordained to present it, and, in case it were not receaved, to
utter the substance of it be word. The rest promised to assist. But
when the Bishop asked their voices at the choosing of the Clerk ;
wherein he condescended to them to please them, Mr James dis
charged not his part. Whereupon other brethren of the Presbyterie
were moved to oppose to his sitting. Mr John Kerr began ; then
Mr James foUowed with a tedious and unprofitable harangue ;
but Mr Andrew M'Ghie assisted him. Mr Archibald OswaU fol
lowed ; but aU were referred to a Privie Conference. The three
brethren found no assistance as was promised, both by their owne

234 APOLOGETICAL NARRATION
brethren and the Presbyterie of Dalkeith. But, afternoon, the
rest of the brethren accompanied them to the Privie Conference ;
but they receaved no satisfaction from the Bishop. Yet none of
the Presbyterie was caUed upon that night in any matter that
was treated, except Mr James CarmichaeU, who did sit, vote and
reason. The Bishop was loath to meddle with them, tUl he was
forced, the day foUowing, in a matter concerning the pEntation
of North Berwick ; but some went out before they were caUed
upon. The rest of that Presbyterie wold not vote in that place.
What opposition was made in other Synods I have not enquyr-
ed ; but this, in generaU, I know, that, however there was great
murmuring, there was weak resisting ; ministers were become so
faint-hearted, and carelesse of the Uberties of Christ's kingdome ;
every man careing for himselfe, without regard to his oath and
subscription : for they were bound to mantain the estabUshed
discipline to their uttermost power, and, therefore, guUtie of per-
jurie as weU as the pretended Bishops.
Mr John Spotswood, Bishop of Glasgow, Mr Andrew Lamb,
Bishop of Brechin, and Mr Gavin HamUton, Bishop of GaUo
way, were consecrate bishops at London in the month of November
1610, by Abbots, Bishop of London. There was no mention made
in the Assembly, holden at Glasgow, of the consecration of Bishops;
for, howbeit that perfidious pack tyed Presbyteries and Synods
to them, in the points and with the Umitations expressed, yet
meant they not to determine that there was a distinct office of a
Bishop in the Word of God different from the office of a minister ;
yea, the contrary was determined before in our GeneraU Assem
blies : And, therefore, they intended not consecration ; for by the
Bishop [of] the diocie is not meant in the Act of Glasgow a Bishop
by office, but only a simple minister, so styled in regard of the
great benefice of the bishoprick, as he was so styled in the two
preceeding Assembhes. That some ministers, by divine or aposto-
lick institution, ought to have power over other ministers and
their flocks, or to be proper pastors of aU the congregations of the
diocie, as they arrogate to themselves ; — or that ordination of Pres-

OF THE STATE OF THE KIRK. 235
byters was tyed to them by divine right, and aU jurisdiction in
particular kirks did flow from them, — was not the meaning of that
Assembly. The power granted to them was only a power com
mitted to them by that Convention, as in former tymes to Com
missioners of provinces ; which another Assembly may denude
them off, without degradation or execration as they caU it. Their
consecration, then, is of no force, and ought not to be acknowledg
ed. And if consecration had been intended, yet ought they not to
have receaved it from a forreigner without consent of that Con
vention, but should have contented themselves with that forme
which was used in the year 1572.
In the month of December these three returned to Scotland,
and consecrated Mr George Gladstones, Archbishop of St An
drews. The rest were consecrate upon the 13th of January fol
lowing, [1611].
The Earle of Dumbarr, a chief instrument imployed for the over
throw of the discipline of our Kirk at Linhthgow and Glasgow,
departed this hfe, at Whitehall, upon the penult of January. Mr
Andrew MelviU, when he heard what was concluded at Glasgow,
after sUence for a space, broke forth in these words : " That man
(meaning Dumbar) that hath overthrowne that Kirk and the liber
ties of Christ's kmgdom there, shaU never have the grace to sett
his foot in that kingdom again."
Huntly and ErroU were sett at Uberty not long after the Assem
bly was past. So it appeared they were committed only to gull
that Assembly, as if Bishops were zealous and forward against
Papists. Mr John Stratoun, minister of Forresse, in the North, was cited
to compear before Bishop Gladstones, and some of the King's Coun
seU, for doctrine dehvered by him at an exercise against the Estate
of Bishops, (the Bishop of Murray being present), and was wairded
in the castle of Invernesse.
By this letter following, written by Mr George Gladstones, pre
tended Bishop of St Andrews, and dated the last of August 1612,
the Eeader may perceave what preparation was made for the ratifi-

236 APOLOGETICAL NARRATION
cation of the acts of Glasgow at the nixt ParUament, to the pre
judice of a free Parhament : —
" MOST GRACIOUS SOVERAIGNE,
"As it hath pleased your Majestie to direct me and my Lord,
your Majestie's Secretary, for advising anent our affairs to be
handled in this approaching Parhament, so happUy did I find him
and my Lord of Glasgow both in this towne, and conveened them
both immediately after my arriving ; and with good advisment we
have made choise of these things which are most necessary, and
have omitted these articles which may seeme to carry envy or sus
picion, or which your Majesty, by your royaU authority, might
performe by yourselfe. But we aU hold fast this conclusion, That
it is most necessary and convenient, both for your Majestie's ser
vice and weeU of the Church, that the day, viz., the 12th of Oc
tober, shall hold precisely, to the which the Parhament was pro
clamed upon the 24th of this instant. I wiU assure your Majesty,
that the very evUl wUl that is carryed to my Lord ChanceUor * by
the Nobility and people is like to make us great store of friendship ;
for they know him to be our professed enemy, and he dissembleth
it not. I thank God, that it pleased your Majestie to make choice
of my Lord Secretary to be our formahst and adviser of our acts.
For we find him wise, fast, and secret. We wiU not be idle in the
meantyme to prepare such as have votte to enclyne to the right
way. All men do foUow us, and hunt for our favour, upon the re
port of your Majestie's good acceptance of me and the Bishop of
Caithnesse, and sending for my Lord of Glasgow, and the procure
ment of this Parliament without advice of the ChanceUor. And
if your Majestie wiU continue these shineing beames and shews of
your Majestie's favour, doubtlesse, the very purpose that seemeth
most difficult wiU facUitat, to your Majestie's great honor, and our
credit, which, if it were greater than it is, your Majesty wold re
ceave no interest ; for besydes that, no estate may say that they
* Alexander Seton, Earl of Dunfermline, was Lord High Chancellor from the year
1605 till his death in 1622.

OF THE STATE OF THE KIRK. 237
are your Majestie's creatures as we may say, for there is none
whose standing is so slipperie, when your Majesty shaU frown, as
we ; for at your Majestie's nodd we must either stand or faU.
But we referr the more ample declaration of these purposes and
other points of your Majestie's service, to the sufficiencie of my
Lord Glasgow, and my good Lord Secretarie,* the fourteenth
Bishop of this kingdome. But my Lord of Glasgow and I are
contending to which of the two provinces he shaU appertaine.
Your Majestie, who is our great Archbishop, must decyde it.
Thus, after my most humble and hearty thanks for your Majestie's
good acceptance, and gracious dispatch lately, which hath filled
the ears of aU this kingdome, I beseech God to heap upon your
Majesty the plenty of all spirituaU and temporaU blessings for ever.
I rest. " Your Majestie's most humble subject and servitor,
" St Andrews."
Edinburgh, last of August 1612.
At the ParUament holden in October 1612, the act of the pre
tended Assembly at Glasgow was ratified, or rather perverted,
under colour of explanation by additions, omissions and alterations :
so that in effect it was a new act different from the Act of Glas
gow, as may appear by coUation. But this is not the first tyme the
Parhament hath wronged our Kirk by their acts. The Bishops
consented to these omissions and additions, without advise and
consent of the GeneraU Assembly, whereunto they were tyed by
the Caveats, and, therefore, bewrayed not only their perfidie, but
also their insatiable desyre of absolute jurisdiction and exemption
from aU censures ; for they canceUed such clauses as made them
lyable to the censure of the GeneraU Assembly, or tyed them to
the Presbyteries in the deposition of ministers and their tryaU be-
* Sir Thomas Hamilton, afterwards Earl of Haddington, and Lord President of
the Court of Session, was appointed Clerk Register in 1612, but previously to July
that year he exchanged the office with Sir Alexander Hay of Newton, when he became
Secretary for Scotland.

238 APOLOGETICAL NARRATION
fore admission. The omissions, additions, and alterations of the
act the reader shaU find after, in the Grievances presented by the
ministers, anno 1633.
Mr WUliam Cowper succeeded in the Bishoprick of GaUoway to
Mr Gavin Hamilton in the year foUowing [1613], but made his re
sidence in the Cannongate, that he might be near the ChappeU
EoyaU, where he preached as Dean, neglecting his diocie, where
he ought to have preached as Bishop, if the office of a Diocesian
Bishop had been lawfuU. None was more forward in the purer
tymes against the Estate of Bishops, but none more frank, when
he declyned, to defend the corruptions of the tyme. But he was
vexed with answers, replyes, and rejoinders,* that in the end, the
conference of a good Christian woman killed him.
A charge was proclamed for the celebration of the Communion
upon Easter Day, the year 1614 and 1615. The most part obey
ed, howbeit there were acts of the GeneraU Assembly standing
against it.
Mr John Spotswood was translated from the See of Glasgow to
the See of St Andrews. He was no sooner instaUed, but within
three days after, that is, upon the 8th of August, Mr John Mal-
cohne, minister at Perth, a godly, grave and learned man, being
cited, compeared before him and the rest of the Bishops who were
present. They found fault with his Epistle Dedicatorie prefixed to
his Commentarie upon the Acts : First, Because he requested the
King to recaU the banished ministers, aUedging they were more
faithfull subjects to his Majesty than those who had receaved great
benefices at his hands : Nixt, That he regrated the corruption
brought in into our Kirk by unlearned and unsanctified men.
He explained his meaning, and subscribed it, at their desyre, for
his Majestie's satisfaction.
In the beginning of September Mr James Law, Bishop of Ork
ney, was inaugurat Bishop of Glasgow. Mr George Grahame,
* This evidently refers to his controversy with David Hume of Godscroft. See
Calderwood's History, vol. vii. p. 180, &c. ; and Row's History, p. 257. Cowper died
at Edinburgh in 1619, (ib. p. 259.)

OF THE STATE OF THE KIRK. 239
Bishop of Dumblane, succeeded to him in the Bishoprick of Orkney.
Mr Adam Bannantyne succeeded to Mr George Grahame in the
Bishoprick of Dumblane. He was a vehement opposit to the state
of Bishops tiU of late. He had said before that Mr George Grahame,
the undought of Bishops, had gotten the Bishoprick of Dumblane,
the excrement of Bishopricks ; but he is not ashamed to Uck up his
excrements, and to accept that mean Bishoprick to patch up that
broken lairdship of Kinnocher, [Kinneuchar.]
In December 1615, the Courts of the High Commission were
united in one, the Archbishop of St Andrews and Glasgow, or any
one of them, being one of the number of five, at the least, &c.
Seeing the Court of High Commission was the strongest hold the
Bishops had, they thought good to make it stronger by uniting
the two Courts in one, at the renewing of the Commission occa
sioned by the death of the last Archbishop. In this they maintain
their usurped authority ; overrule ecclesiasticaU judicatories ; put
in execution the acts of pretended AssembUes, overruled by them
selves ; knowing very weeU that they wold not find concurrence
in Presbyteries or Synods, the ordinary judicatories of the Kirk,
to suspend or deprive ministers for not conformitie and obedience
to those acts. So the acts of unlawfuU Assemblies are violently
obtruded upon the Kirk by a judicatory, which is not a Kirk judi
catory, nor yet approved by the lawes of the countrey ; and the
Bishops overrule the Kirk by a power never committed to them
by the Kirk.
Here it is to be observed, that at this tyme Mr John Spotswood
and Mr James Law, both sometyme ministers in one Presbyterie,
and at the point of suspension, in the purer tymes, for the pro
fanation of the Sabbath, are now the only two Archbishops
of Scotland, and have power to suspend, deprive, fyne, impri
son any minister in Scotland. Two pretty foot-baU men, as Mr
Davidsone caUed them, had now, as we may say, the ball at their
foot.

240 APOLOGETICAL NARRATION

THE PRETENDED BISHOPS THEIR GOVERNEMENT, AND THE
EFFECTS OF IT.
The pretended Bishops were somewhat moderate and cahne at
Synods and Presbyteries tiU the Act of GEsgow [1610] was rati
fied in ParUament [1612] ; but after the ratification of the act, with
the power of the High Commission, and pretended EpiscopaU
authority, they tyrannize. Before, ministers were troubled by the
King and CounseU, at their instigation, or by themselves, under
pretence of a commission from the GeneraU Assembly ; but now
they exerce both a borrowed power from the King, and a power
proper to themselves, as they aUedge, by reason of their EpiscopaU
office, wherunto they were consecrat, but without consent of our
Kirk. Now beginneth alterations in the worship of God; and
changes are intended in divine service, and the Confession of Faith.
Much bussinesse there was about the excommunication and ab-
solvuig the Marquesse of Huntly. He was urged by the High
Commission to subscribe the Confession of Faith upon the 12th of
June 1616, but he refused to give any kind of satisfaction ; wher-
upon he was committed to waird in the Castle of Edinburgh, but
was set at Uberty in two or three dayes after, by a warrant from
the King to come to Court ; but before Mr Spotswood had ad
vertised him of his refusaU, as was aUedged.
Upon the 8th of July, it was reported that he was absolved,
and receaved in the bosome of the Kirk of England. Our Bishops
seemed to storme, aUedging that the Bishops in England were
usurping their old" pretended power. All this bussinesse about
Huntly, and two or three Papists in the North, was made for a
pretended necessity of a GeneraU Assembly in the North, where the
Bishops were sure to procure the consent of many ministers to
their devices, and io have the fewer opposits out of the South, and
the heart of the country. They give out the increase of Poperie
was like to produce dangerous effects to the estate both of Kirk
and Countrey, and especially in the North. Therefore, upon the

OF THE STATE OF THE KIRK. 241
22d of July, the Generall Assembly was indicted, by publick pro
clamation at the Cross of Edinburgh, to be holden at Aberdeen,
and to begin the 13th of August. The Bishops directed tlieir
missives to the Presbyteries, wherein they wiUed them to send their
Moderators, with other Commissioners, and to furnish them with
expenses, under the pain of the losse of their Assignations the year
foUowing. They excused themselves for the sudden premonition,
alledging, they could give no intimation tiU they had receaved a
warrand from his Majesty ; as if they had been altogither ignorant
of the matters to be treated, and had not been acquainted with
the appointment before ; but now, forsooth, there is a fyre broken
up suddenly in the North, which wold set all the kirks on fyre if
remedy were not provided in tyme : therefore there must be run
ning post haste to the North to extinguish that fyre.
The Assembly began upon the 13th of August [1616]. Spots-
wood stepped into the Moderator's place without election, against
the practice and acts of our Kirk, not yet repeaUed by act of any
pretended, let be, lawfuU Assembly. Commissions were not con
sidered whether free or limited. A number of lords and barrons
satt there with their silks and satins, but had no lawfuU commission
to vote. Bishops had no commissions from Presbyteries, as they
ought to have had, according to the Caveats and to the practice
of our Kirk. The Moderators of Presbyteries had no better war
rant than the Bishops direction. The Assembly holden at Linlith
gow the year 1606 was not a lawful General Assembly; their Act
was forged, and concerned only constant Moderators : but the Mo
derators at this tyme are the Bishops substitutes, and of another
stamp. But what freedome can there be either in this or any
other Assembly foUowing after the Assembly holden last at
Glasgow, and authorising the Bishops with the power of the High
Commission, where such men moderat, vote, direct ? who dare
oppose ? This is the mine of our Kirk, that ministers resort to
their Assemblies and do not protest for the right constitution and
freedome of the Assembly, but joine with them where they cannot
_ but be overthrowne with plurality of votes.
Q

242 APOLOGETICAL NARRATION
Much tyme was spent in preaching, renewing old acts and
making some new [ones] against Papists, (as if no acts had been
made against Papists before, or execut but without successe), that
ministers, speciaUy such as came from the South, being wearied,
might withdraw themselves before the chiefe matters chiefly
aimed at were treated. Many good acts were made indeed,
against Papists, but were never ratified in ParUament, far lesse
put in execution. But, by the way, the authority of the High
Commission was acknowledged indirectly in the acts made
against Papists. [John Gordon of] Buckie presented a supph
cation in the fourth Session, in name of the Earle of Huntly.
The answer was referred to his owne presence. The Bishop
of Canterbury his excuse for absolving him was read. Mr
Alexander Forbesse, Bishop of Caithnesse, for making Canter-
berry beheve that it wold be acceptable service to the Kirk of
Scotland, was threatened with deposition. But he was preferred,
not long after, before aU other competitors, to the Bishoprick of
Aberdeen. In the mean tyme, upon the 16th of August, were produced cer
tain instructions directed from the King, anent the devising of a
remedy for the defection and falling away of many from the truth.
The instructions were advised upon, and after, [it was] statute and
ordained upon the 17th of August, That provision be made for
learned, wise and peaceable men, in vaiking places of the chief
Burrows and towns ; that care be had of transplanting of the most
learned and most discreet Ministers, and placeing them where
noblemen, especially such as are inclyned to Poperie, make resi
dence ; that Bishops in their visitation of kirks, either by them
selves, or, where they cannot overtake the businesse, the minister
of the paroch, make aU young chUdren of six years of age, be pre
sented before them, to give the confession of their faith, that so it
may appear in what rehgion they have been trained up. Spots-
wood added in the margine, " and that they be recommended to
God by solemne prayer at the tyme, for the increase of their know
ledge and continuance of his grace with them." No mention here

OF THE STATE OF THE KIRK. 243
of the imposition of hands ; but who could hinder the Bishop to im
pose hands, when he recommended them to God ? Farther, it was
statut, That after that tryall, the ministers of the parish, every two
or three years, once at the least, examine them, that, after sufficient
growth in knowledge, they may be admitted to the holy Commu
nion. They ordained Mr Patrick GaUoway, Mr John Hall and
Mr John Adamson, then minister at Libertoun, to form a Cate-
chisme, and to have it in readinesse before the 1st of October, to
the effect the same may be aUowed and printed with the King's
Ucence ; and that none other be used in families for the instruction
of cluldren and servants, who must give account thereof in their
examination before the Communion. Farther, it was also ordained,
That an uniforme order of Liturgie or divine service be sett downe
to be read in aU kirks on the ordinary days of prayer. Mr Patrick
GaUoway, Mr Peter Hewat, Mr John Adamson and Mr WiUiam
Arskine, to this intent, were appointed to revise the Book of Com
mon Prayers contained in the Psalm Books, and to sett downe a
common forme of ordinary Service to be used at aU tymes here
after, which shaU be used in time of common prayers in aU kirks,
where there is exercise of common prayers, as likewise by the mi
nister (where there is no reader) before sermon. Mr James Law,
Bishop of Glasgow, and Mr WUliam Struthers, minister of Edin
burgh, two learned clerks, forsooth, for such a purpose, were ap
pointed to put in forme the EcclesiasticaU Canons drawne forth of
the Books of the former AssembUes ; and where the same is defect
ive, supphe it by Canons of CounseUs and EcclesiasticaU Conven
tions in former tymes. It was statut, That the Confession of Faith
presented to this Assembly, (penned, as we heard, by Mr John
HaU and Mr John Adamson), be receaved universaUy throughout
the whole kingdome : To the which aU hereafter shall be bound to
swear and set their hands, especiaUy such as bear office in the
Church at their acceptation of the office, and likewise, students
in schools and coUedges. It was ordained, That the Communion be
celebrated four tymes in the year in burrow townes, and twice in
Endwart, so that the tyme of Easter be one of the tymes. It was
Q2

244 APOLOGETICAL NARRATION
ordained, That baptisme shall not be denyed to any infant, when
either of the parents, or any faithfuU Christian in place of the pa
rent, shaU require the same ; and that the same be granted any
tyme of day, without respect or delay in regard of the hour of
preaching. Item, It was ordained, That every minister have a per
fect and formaU register of baptismes, marriages and buriaUs, &c.
Four dayes were spent upon articles made against Papists, how
beit they might have been concluded in one hour ; but these acts
were aU ended in one Session. A number of the ministerie, fore
seeing what was - to be proponed, and finding the Assembly made
for the purpose, withdrew themselves. Others, in the mean tyme,
abode. There rest nothing then to the pretended Moderator, but
to ask at those who were present, " What say ye, my Lord ? —
what say ye, Laird ? — what say ye, Mr Doctor ?" It was answer
ed, " WeeU, my Lord." If any man pressed to speak unasked, the
Bishop wagged his finger, and that meant sUence. The crowes
were not more affrayed of a scarr crow, than slavish ministers were
of the wagging of the Bishop's finger. The ministers rounded in
other's eares, " How can we either vote or speak freely, having the
King's guard standing behind our backs ?"
The Bishops of St Andrews, Glasgow, Dunkelden, Murray,
Eosse, GaUoway, Brechin, Orkney, Caithnesse, Dumblane, Argyle,
Isles, Patrick Forbesse of Corse, George Douglas, minister at Cul-
len, Mr John Eeid, minister at Loggie-Buchan, Mr George Hay,
minister at Turreff, Doctor Hendry Phillip, minister at Arbroth,
Mr David Lindsay, minister at Dundee, Mr WUUam Scott, minis
ter at Couper, Doctor Eobert Howie, Sector of St Andrews, Mr
John Mitchelson, minister at BruntUand, Mr Patrick GaUoway, Mr
John HaU, Mr WUliam Struthers, ministers of Edinburgh, Mr Ed
ward Hepburne, minister at Haugh, Doctor John Abernethie, mi
nister at Jedburgh, Mr Eobert Scott, minister at Glasgow, Mr WU
liam Birnie, minister at Air, Mr WUliam Arskeen, minister at Din- i
ninno, or the most part of them, had full power and commission to
conveen at Edinburgh the 1st day of December nixt to come, to
take order with the dUapidators of benefices. The most part of

OF THE STATE OF THE KIRK. 245
them had power likewise to take order anent the planting of suffi
cient and quahfied ministers at the kirks of burrow-towns presently
vacant ; and likewise to receave from the Bishop of Glasgow, and
Mr WUUam Struthers, the Cannons of Church Disciphne, commit
ted to their charge, to revise the same, aUow and disaUow thereof,
and direct a supphcation to his Majestie, that it would please his
Highnesse to ratify and approve the same, and to approve the
printing thereof by his royaU authority. Bishop Spottswood addeth
in his scroUs these words foUowing : —
"Item, Power to receave the Books of Liturgie or Divine Service,
and the samen being aUowed, to cause pubUsh the same in print,
and the Catechisme, aUow or disaUow thereof, as they shaU think
expedient ; and the same being aUowed, to cause pubUsh the same
in print for the Service within the kirks of aU the kingdomes. As
also to revise the Confession of Faith presented to this Assembly,
and, after mature dehberation, to take order that the same may be
pubhshed ; and in aU these things to do as they wUl be answerable
to God, the Kings Majesty, and the Church."
The Confession of Faith seemeth to be devised of purpose to
thrust out the former Confession, subscribed and sworne by persons
of all Estates, and binding them to maintaine the estabhshed Disci
pline, and to detest and renounce all traditions, and ceremonies de
vised by Antichrist for wanting the warrant of the Word. The
Book of the Cannons we doubt was ever perfected by those to
whom it was committed, or yet the revising of the Book of our
Common Prayers, and setting down a common forme of ordi-
narie Service ; neither yet have we heard that those Commis
sioners ever mett for the revising of their traveUs.
The Marquesse of Huntly was reserved for a flourish tUl the end
of the Assembly, and absolved in the last Session after he had sub
scribed the new Confession of Faith.
.- After the dissolving of this Assembly, Mr WUUam Struthers,
who went to Aberdeen without commission from the Presbyterie
of Edinburgh, feU out in his sermon, in Edinburgh, in a great com
mendation of the proceedings of that Assembly, and affirmed that

246 APOLOGETICAL NARRATION
aU things were done with so great wisdome, gravity and godlinesse
that they left a notable testimony of their upright deaUing to the
posterity. He was then a pensioner, that is, a souldier waidged to
maintaine the present course.
For decoreing the EoyaU ChappeU of the Palace of Halyrud-
house before the King's coming downe, place was prepared for the
organs and quiresters, the statues of the twelve Apostles and four
Evangelists curiously wroght in timber, which were to be gUded
and set up. But the people murmuring, the Bishops, Mr Patrick
GaUoway and Mr John HaU, disswaded the King from setting up
the images. A discharge was returned from the King, but with a
eharpe rebuke and check of ignorance from the King and Bishop
of Canterburrie.
Some Noblemen, CounseUors and Bishops communicated kneeU-
ing in the EoyaU ChappeU in the month of June, [1617] not re
garding either Christ's institution or the order of our Kirk, but
only forward to please the King. This was the first tyme since I
the Eeformation that the singing of quiristers and the playing of
organs was heard in the EoyaU ChappeU. These dumb doggs, the
ministers of Edinburgh, were sUent, neither disswading the King
in private, nor opening their mouth in pubhck.
In the tyme of Parhament there past an article amongst the
Lords of the Articles, to wit, That Bishops should be elected by
the Chapters, which is contrary to the acts of GeneraU Assem
bUes ; the Bishops themselves consenting if not devising that
article. The two Archbishops protested before a number of mi
nisters conveened in the Little Kirk, that no alteration was in- \
tended. And yet not only the former article was concluded
amongst the Lords of the Articles, but also the day foUowing an
other was agreed upon, which was like to cutt the cords of the
remanent hberties of the Kirk ; to wit, That his Majesty, with
advise of the Archbishops, Bishops, and such a competent number
of the Ministerie as his Majesty, out of his wisdome, shaU think
expedient, shaU, in all tyme coming, have full power to advise
and conclude matters decent for the external policie of the Kirk,

OF THE STATE OF THE KIRK. 247
not repugnant to the Word of God ; and that such conclusions
shaU have the strength and power of EcclesiasticaU Lawes. This
was to make of no avaUl our GeneraU AssembUes, and to give way
to the King and the Bishops to bring in ChanceUors, Deans,
Officials, surpUces, coapes, capps, kneeUing, holy dayes, crosse in
baptisme or whatsomever other ceremonies, Eomish or AnglicaU,
which they should deeme not repugnant to the Word of God.
The Bishops assured the ministers that nothing should be
agreed upon or consented unto by them in matters concerning
the Church, the discipUne and order thereof, without their speciaU
knowledge and advice; and affirmed, that neither they nor the
ministers there assembled had power to consent to the smaUest
change of the order of our Kirk already estabhshed, unlesse the
speciaU advice and determination of the GeneraU Assembly, re
presenting the body of the Kirk of this kingdome, were had
thereunto. Many of the ministers, being perswaded with these speeches,
went out of the towne resting upon their word. Others, remain
ing after they understood that such an article was agreed upon
amongst the Lords of the Articles, and to passe in a law, resolved
upon a protestation against it in open Parliament. The ministers
of Edinburgh seemed as forward as any of the whole number.
Mr Patrick GaUoway said often he wold subscribe it with his
blood, yet refused to subscribe it with pen and ink, lest the King
should have seen his name after the presenting of it. It was
therefore advised, that Mr Archibald Simpson should subscribe as
Scribe in name of the rest, and that the rest set downe their
names in a roU for a warrant, whereof he should have a custody.
Mr Peter Hewat was appointed to present it, because he had place
in Parhament as Abbot of CorsragueU. The King was made ac
quainted with their proceedings by Mr Patrick GaUoway, as we
were informed ; and, therefore, Mr Peter Hewat was chaUenged
when he came downe to the Palace. Some brethren, having heard
of that which was fallen forth, appointed Mr Archibald Simpson
to present another coppie, in caise Mr Peter had failed, or been

248 APOLOGETICAL NARRATION
impeded to discharge his commission. When the Lords con
veened in the Parhament House, Mr Archibald presented his
coppie to the Clerk of Register to be read before the Estates ; but
he refused. The King, after some conference with the Bishops,
entered, and sat downe in his throne. When this article was to
be read, he declared he wold passe from it, because it bindeth
him to take advice : he wold do in that matter as he thought
good, according to his royaU prerogative. Among other reasons
they used, they remembered the King, that diverse tymes he had
sufficiently secured them from aU suspicion of innovation, espe
ciaUy by a proclamation upon the 26th of September 1605, when
rumors of intended conformity with the Kirk of England were
spread abroad ; by which proclamation, the hearts of aU honest
men settled themselves in confidence that no such thing should
be attempted : and again, by his Majesty's letter sent downe the
last winter, to take away aU fear of any alteration which might
arise upon his intended journey ; intimation whereof was made in
the pulpits by his Majesties speciaU -wiU, and direction of chief
counsellors.

THE NAMES OF THOSE WHO SUBSCRIBED THE ROLL,
JUNE 27, 1617.
Messvs Patrick GaUoway, John HaU, Andrew Ramsay, WUUam
Struthers, Robert Scot, John Balfour, Robert Colvine, Thomas
Sydserf, Hendry Blyth, George Grier, John Aird, James Burnet,
Archibald Simpson, WUliam Black, Simon Johnstoun, William
Arthur, William Weemes, George Dumbarr, John Scrimgeor,
James Ingles, WiUiam Knox, John Smith, Michael Wallace,
Patrick Shaw, John Alexander, Robert Murray, Charles Lums-
dane, Patrick Hamilton, David Calderwood, John Ker, Walter
Whitfoord, John Chalmers, James Porteous, Luke Sonsie, James
Lamb, WUliam Guild, WiUiam Douglas, John Merser, George
Chalmers, James Robertson, Henry Livingstoun, John Cheialy,
Francis Collace, William Justice, John Weems, Alexander For-

OF THE STATE OF THE KIRK. 249
rest, WUUam Jameson, Alexander Keith, Andrew Balfour, Robert
Rough, Robert Hemes, Theodor Hay, Adam Simpson, James
French, WUliam Scot, a minister in the West.
Mr Archibald Simpson, minister of Dalkeith, was committed to
waird in the Castle of Edinburgh, for not exhibiting the roU of the
names. He had given the roU to Mr Patrick Henderson, reader of
the Great Kirk of Edinburgh, who delivered it to Mr David Cal
derwood, minister at CraiUing. Mr Peter Hewat, who should
have presented the protestation, Mr Archibald Simpson, who was
Scribe to the meeting, and Mr David Calderwood, who had the
roU of the names of the subscribers, were summoned to compear
before the High Commission, which was to be holden at Saint
Andrews the 8th of July, but was continued tiU the 12th of July,
at which tyme [the King] himselfe was to be present in person.
Mr Peter Hewat was deprived and confyned in Dundee. It was
aUedged, that his voice could not serve him to teach any longer,
and, therefore, [he] was content to be removed from the minis
terie with honesty, and to Uve upon the Abbacie whereunto he
was provided, where he maketh his residence for the present.
Mr Archibald Simpson was confyned in Aberdeen, where he
remained tiU the Earle of Morton obtained his Uberty. Mr-
David Calderwood answered, that he had rendered the names of
the roUs to Mr Archibald Simpson. As for the other point of
the libell, The assisting of that mutinous meeting, he answered,
That when that meeting shaU be condemned as mutinous, he
shaU answer for his particular assistance. When he could not be
induced to acknowledge a fault in subscribing the Protestation,
they passed from the hbell ; and the King urged him with a
conformity and obedience to the acts of Assembly, especiaUy to
acknowledge his Ordinar the Bishop of Glasgow, and to repair
to his Diocesian Synod. He aUedged, he was not bound to
answer farther than to the points of the lybeU ; yet being urged
by the King to answer, he refused to promise conformity.
Whereupon he was removed, caUed in again, and suspended till
October nixt to come ; and the Bishop of Glasgow was enjoined

250 APOLOGETICAL NARRATION
to deprive him, in caise he repaired not to the Synod at that
tyme. He aUedged, that the King in the pubUck disputations the
day preceeding had disclaimed the power of deprivation primario,
and consequently of suspension. The King aUedged, The Bishops,
Fathers of the Kirk and EcclesiasticaU- persons, had given out the
sentence. Then turning him to Spotswood and the rest of his fel
lows he used this dUemma : — " The power ye have, ye have it either
of his Majesty or from the Kirk. Ye have it not from his Majesty ;
for his Majesty cannot communicate to you the power that he
clameth not to himselfe : nemo potest transferre in alium plus juris
quam quod in se habet. AU the power which ye can pretend to have
from the Kirk, is grounded upon the Act of Glasgow, which grant
ed only that every Bishop in severaU, associating to himseffe some
of the ministers of the bounds where the dehnquent serveth, may
suspend or depose. That cannot be done in this Court ; therefore I
cannot acknowledge your sentence." Often did the King urge him
to acquiesce, and demand, as is aUedged, E he wold desist for a
certain tyme, in case he should command him by his royaU autho
rity, as from Mmselfe. He being disturbed by confused speaking
and rude behaviour of those that stood by, and supposing that the
King was stUl urgeing obedience to the sentence, he answered as
before. Whereupon he was removed, caUed in again, and the sen
tence of deprivation was pronounced : whereunto he wold have
answered again, as he did before when the sentence of suspension
was pronounced ; but he was commanded to closse waird in the
Tolbooth of St Andrews, whence he was transported to Edinburgh,
where he was detained till he found caution acted in the Books of
Secret CounseU for his departure out of the countrey, conforme to
the ordinance of the CounseU given thereanent, subscribed by St
Andrews and Binning. His cause was never heard before the
CounseU, and yet the CounseU fortifyeth the sentence of the High
Commission. That same night the sentence was pronounced against these three
ministers above named, Mr John HaU, Mr Patrick GaUoway,
Mr WiUiam Struthers, and Mr Andrew Ramsay, minister of Edin-

OF THE STATE OF THE KIRK. 251
burgh, howbeit they had exhorted the other three to stand to the
protestation, acknowledged upon their knees, that if they had
known his Majesty wold have taken offence at them for their
conveening and subscribing the Protestation, they wold not have
done it ; and so got a kisse of the King's hand.
The day foUowing, that is, the Lord's day, the 13th of July, the
Bishops to please the King, (who made him beheve he had no
more ado when he came in the countrey, but to give his presence),
presented to the ministers of sundry Synods, conveened afternoon,
Five Articles which were after concluded at Perth. The Mi
nisters wold not meddle, but referred to the GeneraU Assembly.
When Spotswood came from Court, after the King's departure
out of the countrey, he reported that the King wold have a Gene
raU Assembly, and the Five Articles reasoned and concluded;
but wold not appoint tyme nor place tUl the Commissioners were
first chosen : a preposterous order, but agreeable to the corrupt
course which the Bishops had in hand, that is, [that] the Assem
bly should not be indicted tiU they were first acquainted with the
names of the Commissioners, and not then, if they find them not
plyable to their purpose. Nay, farther, the Commissioners must
be chosen in their presence, and where they had authority. They
had their Diocesian Synods, for the most part, in October, where,
themselves being present, the Commissioners were chosen for the
GeneraU Assembly, which was not then indicted, but to be in
dicted. When some were nominate by the Synod of Fife, holden
at St Andrews the 5th of October, the Bishops wold not admitt
the nomination of some of them. Upon the 4th of November the
Assembly was indicted, by sound of trumpet, at the croce of
Edinburgh, to be holden at St Andrews the 25th of that instant
month 1617. This intimation was not tymous nor sufficient.
Sundrie diocies were absent, and that through default of tymous
warning. This is another exception against this Assembly ; for
aU that have interest ought to be timously warned beforehand.
The first day of their meeting, Spotswood, in his exhortation,
enveighed bitterly against many worthy men of the ministery

252 APOLOGETICAL NARRATION
who then were resting from their labours, and affirmed that some
of them were worthy to be hanged. He caUed Mr Andrew Mel
vUl a seditious fyrie man, — so bold and impudent was the man,
who, in former tymes, durst scarce open his mouth in his pre
sence ; but necessity lay upon him to be thus shamelesse ; for the
King was made privie of late to a leud prank played by him,
and he thought such invectives wold be acceptable service. The
King and Bishops purpose was notwithstanding withstood. The
Bishops therefore desyred something might be devised for the
King's satisfaction. Mr Patrick GaUoway and some others were
appointed for this purpose. They devised, that if there be any sick
person within their paroch, visited with long sicknesse, and unable
to repair to the kirk to receave the Communion, the pastor shaU
not refuse to administrate the Communion in his house, providing
there be six persons, at the least, of good rehgion and conversa
tion, present, to receave with him ; and not tiU he hath declared,
upon his conscience, that he thinketh his sicknesse to be deadly,
and forewameth his minister twenty-four hours before. Nixt,
That the minister, in the celebration of the Communion, give the
elements out of his owne hand to every communicant, saying, when
he giveth the bread, " Take, eat, this is the bodie of the Lord
Jesus Christ, which was broken for you, do this in remembrance
of him ;" and exhorting him to be thankfull. And when he giveth
the cup, saying, " This is the blood of Jesus Christ shed for you,
do this in remembrance of him ;" and exhorting him likewise to
be thankfuU.
It seemeth there was not fuU agreement, but that all the
Articles were referred to the nixt Asssembly, in respect, a great
number of Commissioners from Synods, Presbyteries, burroughs,
and gentlemen, were absent by reason of the season of the year,
distance of place, and shortnesse of advertisment ; neither ought
any of their resolutions to have been acknowledged for the same
respects, and other exceptions above mentioned. Whereas they
thought to have surprised the ministers with short advertise
ment, it turned to their disadvantage.

OF THE STATE OF THE KIRK. 253
Enmediately after the dissolving of this meeting, Mr Andrew
Ramsay, one of the ministers of Edinburgh, declaimed pubhckly
against the intended novations, but, not long after, became a de
fender of them.
The Commissioners appointed by the Parhament to see to the
plantation of kirks and modification of ministers stipends, satt till
Christmasse. The Bishops tainted many ministers with the hope
of augmentation of their stipends.
Bishop Spotswood preached in the Great Kirk of Edinburgh
upon the 25th of December, and laboured to prove the observa
tion of festivaU dayes to be lawfuU. Bishop Cowper taught in
the ChappeU RoyaU, where there was playing upon organs. So
the Bishops practised novations before they were approved by the
GeneraU Assembly.
Sundry brutes * went in the month of January 1618, that
the King was highly incensed at the Bishops, because the Five
Articles were not receaved, and at the ministerie for driving tyme ;
that he wold let the Kirk of Scotland know what it is to have to
do with an old King, or to abuse his lenitie ; that there was a war
rant sent downe from the King to discharge Presbyteries and
Sessions of particular kirks, as mutinous conventions. After the
¦ spreading of these brutes for preparing the way, Spotswood con-
vocated the Bishops and Ministers, who were for the present in
Edinburgh, upon the 26th of January. -The King's letter was
read, wherein he manifested his wiU and pleasure, that they should
conveen, and approve the Five Articles ; and, if any refused their
consent, that the Bishops suspend him. But how is it likely that
the King could know whether any countrey ministers were to be
in Edinburgh at that tyme ? Belike the Bishops had blanks to fiU
up as occasion requyred, and, at this tyme, to make use of one
after the spreading of former brutes, hoping to get some advan
tage by sudden frayes.
Upon the 28th of January, universaU cessation and abstinence,
upon the five Holy Dayes, was enjoined by proclamation, to the
* Or bruits, reports.

254 APOLOGETICAL NARRATION
effect, the subjects may the better attend the holy exercises which
his Majesty, with advice of the Kirk, wold appoint to be keept at
these tymes in the Kirk. AU manner of husbandrie and handy
labors were discharged, with certification, that the contraveeners
shaU be punished with aU rigour, as disobedient and rebellious
persons, contemners of his Majestie's authority. Here ye see the
observation of holy dayes was enjoined, notwithstanding no
GeneraU Assembly had yet consented, and Acts of Parliament
were standing in the contrair yet unrepeaUed.
Patrick Forbesse, laird of Corse, in a letter sent to Bishop Spots-
wood, and dated the 16th of February 1618, conveyed his answer
concerning his acceptation of the Bishoprick of Aberdeen, after such
a forme that the Bishops might easUy know he wold accept the
Bishoprick nolens volens; nay farther, he insinuated, that his accept
ation would grace the office. He pretended that he was loath to be
an urger of the ceremonies upon others ; yet none was so ready at
Perth to consent to the Five Articles, — none so vehement afterward
for the practice of them as himselfe. He pretended he wold not
enter but upon such and such conditions ; yet he entered by the
election of a Chapter, and without swearing to the Caveats as others
had done before him. It is weU knowne that he undertook not the
ministerie till Bishopricks were in deaUing, and that he could find
no better mean to repair his decaying estate.
A charge for observation of Holy Dayes was again pubhshed,
and within thrie or four dayes after, that is, upon the third of
AprUe, the Magistrates of Edinburgh sent the officers through the
town to observe there was no work nor trading, because, as they
aUedged, the King had sent a letter to Provost and BaUies to ob
serve Good Fryday. No respect was had to the Acts of Parlia
ments or Assemblies. Bishop Couper taught in the RoyaU Chap
peU. Upon Easter-day the Communion was celebrate by sundry
Bishops in their CathedraU Kirks with kneeUing, and in the RoyaU
ChappeU by Bishop Couper, and again in the RoyaU ChappeU upon
Whitsunday. So the Bishops practised the ceremonies as occasion

OF THE STATE OF THE KIRK. 255
offered, before the GeneraU Assembly had determined upon an an
swer to the King.
The Commissioners appointed by the last Parhament to modifie
and augment ministers stipends, united sometymes two, sometymes
three kirks in one. The Bishops consented to those unions to
currie the favour of noblemen or for gain. Ministers were further
ed or hindered as they hked or misliked the Five Articles.
THE FTVE ARTICLES.
When the Bishops had prepared persons at the Platt or at
Synods, or upon other occasions, then they thought it high tyme to
have ane Assembly for concluding the Five Articles. Rumours
were spread, that we should never have the hberty of a GeneraU
Assembly again; yet upon the 3d of August [1618], an Assembly
was indicted by pubhc proclamation to be holden at Perth the 25th
day of the same moneth, which was but a short advertisement.
Spottiswood in his sermon protested, in the presence of God, that
the Five Articles were sent to him to be insert among the Canons
of the Church, which were then ingathering; that he humbly excus
ed himself, that he could not insert that which was not first advised
by the Church ; that he heard nothing of them afterward, tiU
the King, taking advantage of their misbehaviour who penned the
protestation, and proudly stood to the same, resolved to have these
Articles admitted ; that he laboured they might be referred to an
Assembly, which was obtained upon promise that his Majestie
should receave satisfaction. He aUedged, that the promise was
not made by him alone, but was ratifyed by others also of that
number who were at the Assembly holden at St Andrews ; that
he, with the rest of my Lords the Bishops, excused the delay
made at that tyme, but the letter was hardly accepted and an
other returned full of anger and indignation ; that he traveUed at
the ministers earnest sohcitation, to divert the troubles, which,
before that tyme, they wold most certainly have felt. But who
can beheve his protestations and aUedgeances ? Suppose they were

256 APOLOGETICAL NARRATION
not the first devisers, yet they offered their assistance and best
endeavours. What he and his feUows, and others, their adhe
rents, promised at St Andrews, is not to be imputed to the rest.
. The Articles were motioned before the Protestation was formed,
as may appear by the contents of the forementioned Protestation
itselfe. But it was his craft to mention that Protestation, and
the King's irritation, that the ministers present might be terrified
from protestations. How could any of the ministers be troubled
for any of the Five Articles not yet concluded, but acts and laws
standing in the contrair ; and, consequently, how could he avert
such troubles, for such a cause ? But any fiction was aUedged that
might terrify for the tyme.
Noblemen, Barrons, Burgesses, Bishops and Doctors sat at a long
table upon forms ; but ministers were left to stand behind, as if
their place and part had been only to behold. The Bishops carry
some majesty on their part to dash simple ministers. Spottswood
placed himselfe in the Moderator's chair without election. When
Mr George Grier, minister at Haddingtoun, desired that the order
of free election might be observed, he answered saucUy, The As
sembly was conveened within the bounds of his charge, wherein, so
long as he served, he trusted no man wold take his place. A new
Clerk was chosen without formaU election or votting. Ministers
were warned to give in their commissions before the sitting downe
of the Assembly in the afternoon. So it was not knowne who had
lawfuU commission, who not, tUl the votting of the Five Articles in
the end of the Assembly. When it was asked, Whether aU nobler
men and barrons and ministers there present should have power
to vote, the usurping Moderator, Spottswood, answered, " No mi
nisters that wanted commission ; but voice could not be denyed to
noblemen and barrons who were come upon his Majesty's missives."
But the first part of his answer was not observed, and the second
was false. Fearing to be troubled with moe questions, he enjoined
silence, and requyred the King's letter to be read. Doctor Young,
Dean of Wincester, presented the letter. It was twice read in open
audience, to make a more forcible impression of terror. The letter

OF THE STATE OF THE KIRK. 257
was expostulatorie, wherein he remembers how he had been pro
voked in former tymes, and wisheth to be no farther provoked.
After the reading of this letter, the Bishop aUedged, That he was
perswaded his Majestie wold be more glade of the consent of this
Assembly to these Five Articles, than of aU the gold of Eidia ; but
in caise of their refusaU, he assured them, the whole estate and
order of our Kirk wold be overthrowne. Some ministers wold be
banished, others deprived ; aU wold be brought under the wrath
of authority. He adviseth them rather to consent in tyme, nor
afterward to begg favour by offering conformity as others have
done. To this effect he aUedged, that Mr John Sharp, one of the
ministers banished for the disordered conventicle holden at Aber
deen, as he caUed it, had written to him the night before, to in
tercede with the King for hberty to him to return to his owne na
tive countrey, and had offered to submitt himselfe to aU good
order in tyme coming. But the letter was neither read nor seen.
His aversnesse to conformitie is known to the whole country
since his returne. " O," said the Bishop, " I know when some of
you are banished and others deprived, ye wiU blame us, and call
us persecutors ; but we wUl lay aU the burthen upon the King, and
if ye caU him a persecutor, aU the world wiU stand up against
you." Then Doctor Young foUowed, and laid out all the taunts
and reproaches breathed out at Court against the proceedings of
the last meeting holden at Saint Andrews, as if their taunts and
reproaches were much to be regarded; his Majestie's high dis
pleasure kindled by occasion thereof, like a flame of fyre, ready to
consume aU, except it were quenched at that Assembly, by con
senting to the Five Articles ; but these last words, " like a flame
of fyre, ready to consume aU except it were quenched at that
Assembly, by consenting to the Five Articles," are omitted in his
printed discourse. But it is sufficient against the freedome of
the Assembly, that he aUedgeth the sorrows of his heart have
been enlarged, since the last Assembly holden at St Andrews, to
hear such words of indignation and just displeasure, so often to
proceed out of the mouth of so good and gracious a Prince, like
R

258 APOLOGETICAL NARRATION
Moses, the meekest man upon the face of the earth. Sed verendum
etiam atque etiam, quo exeat patientia tarn scepe Icesa.
The ministers, defenders of the estabhshed order, perceaving the
drift of these speeches and discourses, requyred four things : 1.
That none be admitted to vote, but such as were authorized by
lawfuU commission. Spottswood answered, His Majesty had writ
ten to some noblemen and barrons to be present : if any man had
any exception against them he should be heard. It was replyed,
That they wold not except against their honorable persons, but
only craved the order of the Kirk might be observed, whereby it
is provided, that none have place to vote in General Assembhes
without commission. 2. That the Uberty of the Kirk be not violat
in the election of a Moderator. Spottswood answered, That the
Assembly was convocat within the bounds of his Diocie : He wold
understand who wold take the place over his head. 3. That the
Articles proponed in short and generaU summs might be putt in
forme, and amplie extended, as his Majesty wold have them to be
enacted, that they might be the better advised upon and consi
dered. He answered, " Let alone those toyes : trouble us not with
these needlesse questions ; we shall speak of these things in the
Privie Conference." 4. That some of either opinion may be set
apart to coUect and putt in order the reasons of either syde, for
the more sure and easy information of the Assembly. This motion
was also rejected.
The pretended Moderator proceeded at his owne pleasure, with
out advice or information of Commissioners from Synods or Pres
byteries, to the nomination of those that were to meet in the
Privie Conference. Some few of the sounder sort were taken in,
to try the force of their arguments or answers, before they be
proponed in pubhck. The King's letter was read again in the
Privie Conference, which Spottswood seconded with many terrors.
He aUedged, that four of the Articles were concluded already, in
the Assemblies holden last at Aberdeen and St Andrews, howbeit
not in forme as his Majesty requyred; that his Highnesse alto-
gither refused the cautions and conditions added as frustrations of

OF THE STATE OF THE KIRK. 259
his intentions : that his Majesty was stiU offended at the Assem
bly holden at St Andrews. Of those two Assemblyes and their
proceedings, we have treated sufficiently already. He wold have
KneeUing put to voteing without reasoning, for removing the
offence his Majesty conceaved. After much deaUing, reasoning
was granted. The ministers standing for the established order
craved again that the Articles might be put in perfect forme ; that
the reasons of moment might be proponed in writ, and some of .
either syde appointed to put them in due forme. But the pre
tended Moderator, notwithstanding of the reference of those con
ditions to the Privie Conference, rejected them. They desyred
the other partie wold prove them necessary and expedient for our
Kirk, or otherwise improve the former order already established.
But he aUedged, they must either prove the Articles to be impious
and unlawfuU, or else they must prove disobedient to his Majesty.
Notwithstanding of whatsover could be aUedged, they were forced
to object against the said Articles.
Some few reasons were proponed that night, but were cutt off
by cavilling and quarrelling at men's persons, rather than solidly
answered. The day foUowing, in the morning, much tyme was
spent with the Bishop's discourses ; and after, some few argu
ments were proponed and answered as before, by the other partie.
The pretended Moderator was instant to have the matter put
to voteing. The ministers aUedged, that the proper use of the
Conference was, to prepare and put in order matters that were to
be treated in the pubUct Assembly,— for that should be prejudi
ciaU to the publict voteing ; and therefore requyred, That the
voteing and farder reasoning might be reserved to the full As
sembly. The pretended Moderator replyed, That it was the cus
tome of the Lords of the Articles in Parliament, to proceed after
that manner; that he wold not spare to committ twentie preju
dices to pleasure the King ; that the voteing in Conference was
only by way of advice, and not to determine ; yet how difficiU is
it to make men vote in publick, contrair to their advice in private,
and before the same persons. As for the order observed in the
r2

260 APOLOGETICAL NARRATION
ParUament, it is no rule for AssembUes to imitate in their proceed
ings. AU upon the Conference votted to the change of the ges
ture of sitting in the act of receaving the sacramentaU elements,
into the gesture of kneeUing, except ten or eleven. Mr WiUiam
Couper, Bishop of GaUoway, in his sermon upon the 27th of
August, sett at nought the ancient order of the Kirk, sometymes
highly commended by himself; and, extoUing his owne new light,
presumed to catechize those who might have catechized him.
The last Session, which was only the second, was holden after
dinner. The King's Commissioners, the Secretarie, Lord Scoone
and Carnegie, and the Bishops— masters and rulers of the Assem
bly — assured the Ministers, that out of that house they should not
go tUl his Majesty were satisfied. The pretended Moderator as
sured them, his Majesty behoved to be satisfied; that his High
nesse wold accept of no other answer but yeelding ; urged voting
without further delay ; insulted upon them. " I know weU enough,
(said he), there is none of you that wUl suffer so much as the losse
of your stipends for the matter ; that none that voteth in the con
trair mindeth to suffer : Some pretend conscience and fear, more
to offend the people than the King ; but aU that wUl not do the
turn. Think not but when the act is made I wUl get obedience."
Yet a Uttle before, he had said, that although the act were made,
his Majestie wold be merciful in urgeing obedience ; and that they
knew himselfe to be more favourable to the brethren than any
Bishop in England. He took it upon his conscience, that there
was neither Esse nor lad, rich nor poor, in Scotland, (some few
precise persons excepted), who wished not the order of KneeUing
to be receaved. Whereas it was aUedged in a pamphlet, that the
Bishops were bringing in Papistrie, and good professors wold fight
in defence of their owne religion, he answered, That the ceremonies
made not separation betwixt us and the Eoman Kirk, but their
idolatrie, which, if the Eomanists wold forsake, they wold meet
them midway, and joine with them. As if some professors had been
disposed to fight, he disswaded them to lean to them, and wished
if such things should happen, it wold please his Majesty to make

OF THE STATE OF THE KIRK. 261
him a Captaine, and was assured that none of those braggers wold
come to the field.
After these blasts, the Ministers were instant to have the Articles
reasoned upon in fuU Assembly, for infomiation of all those who
had place to vote. After much dealhng some shew of hberty was
granted ; but the proponers were quickly cutt off and soundly re
buked, rather borne downe with authority than satisfied with rea
son. Secretarie Hamilton, and the pretended Moderator enjoined
them strictly, either to propone a new argument, or else to hold
their peace, when as the argument had either not been proponed
before in the Conference, or not answered, or the reply was in
terrupted, and aU was new to the fuU Assembly. Many ministers
had not so much as accesse to hear, or propone ; for they had not
seats provided for them, and gentlemen thronged in before them.
The defenders of the Articles were suffered to discourse as long
as they pleased, to gybe, mock, caviU ; so light account made they
of the fearfuU rent which might ensue, that their behaviour was of
fensive to the beholders. When it was aUedged, out of Zanchius,
that even things indifferent abused to idolatrie, should be altogither
removed, the usurping Moderator opponed the judgment of the
King of Great Britain to his judgment, or of any other of the
learned. In a word, he professed plainly, that neither their rea
sons nor their number should carry away the matter : these Arti
cles must be concluded, and shaU be concluded, although there
were none but the eleven Bishops, (no more were present), with
the authority of his Majestie's Commissioners to impose them.
Their best defence was taken from the authority of the King's
sword, which was of greater weight than his Majestie's judgment.
It was aUedged, he wold ranverse aU, except we yeeld. Some of
them confessed, that if his Majesty could have been dissuaded,
they would have reasoned against the introducing of these Articles
into our Kirk. Doctor Lindsay, being posed in conscience, con
fessed that they had neither scripture, reason, nor antiquity for
Kneelhng : but to avert the King's wrath, thought it best to yeeld.
But in his defence of the Proceedings of this Assembly, he hath

262 APOLOGETICAL NARRATION
wrested his owne words to another sense. There was much confu
sion because of haste ; for the King's chief Commissioner, Secretar
Hamilton, and the Bishops resolved to conclude, and end in this
Session. The ministers, not being suffered to reason and prose
cute their arguments, and fearing prejudice in voting, gave in some
Articles in writ to be considered, and professed they were ready
to present in writ reasons against every one of the Articles. They
suspected the presenter, Mr John Scrimgeor, minister of King-
horn, was to present a protestation against the proceedings of the
Assembly, and, therefore, commanded them to subscribe these
Articles ; but when he was perceaved to seek a pen to subscribe,
the pretended Moderator receaved them out of his hands. Two of
them only were read, but no wayes respected, and the rest were
suppressed. The ministers requested voting might be suspended,
tiU their reasons were sent to the King's Majestie in writ, and an
swer returned ; but their request was despised.
Before the roU was caUed, the King's letter was read againe in
open audience of the Assembly, no doubt to leave the last impres
sion. The ministers, defenders of the estabhshed order, requyred
again, that none might have place to vote, but such as was autho
rized with lawfull commission. The pretended Moderator an
swered, If all Scotland were present there they should vote. The
pretended Moderator certified those that were present, that who
soever voted against the Articles, his name should be marked, and
sent up to his Majesty. He took the catalogue of the names from
the Clerk, and caUed first on the King's Commissioners and their
Assessors ; then the Noblemen, Bishops, and Barrons ; then the
Doctors and Ministers ; and last of aU the Burgesses. The Doc
tors and Ministers names were caUed upon without order ; for he
called first on those of whose consent he was assured, without res
pect to the order of Province or Presbyterie. The Articles were
not put to voting severaUy, but thus : " WUl you accept, or refuse
the Five Articles ?" Or sometymes thus : " WUl ye consent to these
Articles, or disobey the King ?" In calling of the names, he willed
them often to have the King in their mind ; to remember the King.

OF THE STATE OF THE KIRK. 263
He assured them, that he that denyed one of the Articles should
be reputed to deny aU. In the end, the Five Articles were con
cluded by plurality of votes. The King's Commissioners, and their
Assessors, aU the Noblemen except OchUtrie, and aU the Barrons
except Wauchtoun, who was not present in that Session, all the
Doctors except Doctor Strang, aU the burgesses and a number
of ministers, votted for the Articles. Forty-five ministers voted
negative; some few, non liquet. Doctor Lindsay affirmeth, that
forty-one of the ministers voted negative. Some voted wanting
commission ; others whom they feared were pretermitted.
The nuUity of this Assembly may be inferred upon these rea
sons : — First, Commissioners of some Presbyteries were absent
by reason of untymous premonition : four Diocies were absent,
Orkney, Caithnesse, Argyle, and the Isles. Second, Spottswood
usurped the Moderator's place without election, which was against
the order estabhshed in our Kirk, and practise, even when we had
Superintendents and Bishops ; against the Cautions agreed upon at
Montrose, and the Cautions agreed upon at their owne Convention,
holden at Linlithgow 1606; neither was this order repeaUed at
the Assembly holden at Glasgow, nor any mention made there but
of moderation of Synods and Presbyteries. Third, Many votted
wanting commissions. Bishops ought not to have voted unlesse
they had had commissions from some Presbyterie, as was agreed
upon in the Cautions at Montrose. No Barron ought to have vote,
according to the act made at Dundee in the year 1598, but one out
of the bounds of one Presbyterie, and having commission. No moe
Commissioners from burghs, except Edinburgh, should be admitted
but one, according to the said act, nor moe ministers than thrie out
of a Presbyterie ; yet here moe were admitted, yea six or seven out
of one Presbyterie, as, for example, out of Auchterarder Presby
terie,* by the Bishop of Dumblane, Mr Adam BeUenden, his con
voy. Some Moderators of Presbyteries voted without commission
* Mr Andrew Allan and Mr James Burdoun were only chosen Commissioners for
the Presbytery of Auchterarder ; yet Mr Adam Bannatyne or Ballenden, .Bishop of
Dumblane, added seven or eight to them. Calderwood's History, vol. vii. p. 333.

264 APOLOGETICAL NARRATION
from their Presbyteries, under colour of a forged cEuse foisted into
an act of a pretended Assembly, holden at LinUthgow in the year
1606, and against the order estabUshed in AprUe 1582, when it
was thought expedient, that Presbyteries should not be astricted
to direct their Moderators in commission to the GeneraU Assem
blies. Farther, It is true the Moderators of the Presbyteries were
then of another stamp ; viz. the Bishops substitutes according to
the act of Glasgow ; at which tyme the constant Moderators were
continued only to the nixt Diocesian Synod, where the Bishops
were to appoint their substitutes ; and by the Assembly holden at
LinUthgow 1608, they were continued only for an interim to the
nixt Assembly, which was that holden at Glasgow. But suppose
they were the same, and of the same sort, yet what have we to do
to acknowledge either LinUthgow or Glasgow AssembUes ? It ap
peareth, then, that if none had voted except such as had commis
sion, the sincerer sort had prevaiUed, and, consequently, we may
inferr, that the Assembly of Perth, consisting of lawfuU members,
rejected the Five Articles. Fourth, Those that voted affirmative,
having commission, either had their commission procured, or were
the King's pensioners, or looked for some benefice, or were won
with the promise of augmentation of their stipends, or had sub
scribed some articles in privat, or were circumveened with pro
mises made to them, that they should not be urged with the prac
tice, if they wold only consent to please the King. Some confessed
they, assented not simpliciter, but to avert the wrath of authority.
Some were threatened by their owne Diocesian Bishop in private
with deposition, namely by Bishop Cowper. Some were twice caUed
upon, after the interjection of other names, as though they had not
answered the first tyme, and so votted twice. Many had voted
already for the Articles in Private Conference. Necessity of yeeld-
ing was enforced upon no lesse danger than the wrath of authority, "
imprisonment, exile, utter subversion of the estate and order of this
Kirk. Such as had courage to speak were checked, rebuked, in
terrupted, threatened. Yea, it was plainly professed, that neither
reasoning nor the number should carry the matter away ; so, sup-

OF THE STATE OF THE KIRK. 265
pose such as had commission had prevaiUed in number, their affir
mative votes should not be regarded. Fifth, Notwithstanding
that it was craved that the Articles might be put in vote severally,
because some, perhaps, might vote for one, who might have voted
against the rest, yet were aU the Five offered, or rather obtruded
to voting at once. He that denyed one was to be repute as if
he had denyed aU. Sixth, The Bishops, and some others, had
practised before in the King's ChappeU, and, therefor, ought to be
secluded from voting, suppose there had been no other exception
against thenu
Seeing we have here made mention of some Articles presented
to Ministers to be subscribed at their entry, I have here subjoined
the Articles wherewith a brother * was urged at his entrie.
" I, A. B., now to be admitted to the ministrie of C, faithfully
promise, and solemnly swear, by thir presents, to observe and ful-
fiU the Articles and Conditions foUowing : they are to say,
" 1. That I shaU be leUl and true to my most gracious soveraigne
the King's Majestie, and his successors, and, to my power, shaU
mantaine his Highnesse right and prerogative in causes ecclesias
ticaU. " 2. That I shaU be obedient to my Ordinar, the .... and
to aU superiors in the Church, speak of them reverenthe, and in
aU private and pubUct prayers, commend them and their estates
to God's mercifull protection.
" 3. That I shaU in aU places, by conference, and where I shaU
have occasion in pubhck preaching, mantaine the present govern
ment of the Kirk, and jurisdiction EpiscopaU ; and shaU, by read
ing, be carefuU to informe myselfe, to the end I may stand for the
same against aU adversaries opposit to the same.
" 4. That I shaU be diligent, to my power, in the duties of my
caUing, be resident with my flock, and not divert therefrom with
out the Ucence of my Ordinar.
" 5. That I shall study to advance the state of the Kirk in gene-
* Mr Alexander Martin.

266 APOLOGETICAL NARRATION
rail, and, particularly, the estate of the Kirk of C, whereunto I
am to be receaved, in aU profits and commodities I can.
" 6. That I shah live a peaceable minister in the Kirk, subject
ing myself to the orders that therein are, or, by the consent of the
said Church, shall be {lawfully) established; and by all means
that I can use, procure others, to the due reverence of the same.
" Which things if I contraveen, (as God forbid), I am content,
upon tryaU and cognition taken by my said Ordinar, without aU
reclamation or gainsaying, to be deprived of my ministerie, and
to be reput and holden a perjured and infamous person for ever.
" Subscribed with my hand, at," &c.
The word lawfully in the sixth Article was not insert in the
principali which was to be subscribed, as that brother assured me.
There is no law, civill or ecclesiasticaU, ordaining any such Arti
cles to be subscribed at their entry, either to their offices or bene
fices. But after this Assembly, Conformity to the Acts of Perth was
comprehended in the Articles which ministers were urged to sub
scribe. The Bishops formed the Articles which were to be sub
scribed diversely, as it pleased them to deaU hardly or more fa
vourably with the intrants ; but none were devised whereby they
were not entangled one way or another.
Upon the 20th of October the Acts of Perth Assembly were
ratified ; and the ratification was proclamed at the mercat croce of
Edinburgh : An act for commemoration of Christ's birth, passion,
resurrection, ascension, and sending down of the Holy Ghost, upon
the dayes appointed for that use : An Act anent the administration
of baptisme in private houses, when necessity shaU requyr : An Act
anent the catechizing of young chUdren of eight years of age, and
presenting them to the Bishop to lay hands on them, and to blesse
them with prayer, for the increase of their knowledge, and in con
tinuance of God's heavenly graces with them : An Act anent the
administration and giving the holy Communion in private houses
to sick and infirme persons : An Act that the blessed Sacrament
of the holy Communion of the body and blood of Christ be celebrate
to the people, humbly and reverently kneeUing on their knees.

OF THE STATE OF THE KIRK. 267
These are the words of the proclamation ; but the Reader may see
the Acts sett downe in ample forme in their ratification at the Par
hament holden anno 1621. Farther, An Act of restraint of Simon-
aicaU pactions in the entry of ministers, ordaining that every mi
nister shaU, before his admission and coUation by the Ordinar, swear
the oath contained in the said Act. But the power of collation
was not granted to the pretended Bishops by the Act of Glasgow ;
an Act giving Commission to certain persons therein mentioned to
revise the labour of those to whom commission was given in the
Assembly of Aberdeen for revising the Book of Common Prayers,
and collecting the cannons of Church disciphne ; and as they find
the same worthie to be aUowed, to take order for approbation and
pubUshing thereof. But, so farr as I understand, there passed only
a ratification of the Catechisme aUowed in Aberdeen. The King
and the Lords of the Secret Counsell ratified, aUowed, approved
and confirmed the acts above mentioned, in aU and sundry points,
clauses, heads, articles and conditions, and ordained the same to
have the strength and force of lawes in aU tyme coming : And, in
speciaU, that there be a cessation and abstinence from aU labour
and handie-work upon the fyve dayes above mentioned, which are
appointed to be dedicated to God's service, to the effect that the
subjects may the better attend upon the holy exercises which are
to be keept in aU kirks at these tymes.
After this Assembly, the Bishops urged ministers with obedience
to the Acts of Perth Assembly, especiaUy to the Acts of the obser
vation of holy dayes, and kneeUing at the receaving the sacra
mentaU elements of the supper. But the greatest part of the mi
nistery wold not acknowledge Perth Assembly to be lawfuU, nor
give obedience to these Acts. The ministers of Edinburgh, espe
cially Mr Patrick GaUoway and Mr Wilham Struthers, enveighed
against the people for the rarity of their hearers upon Christmasse
day 1618 ; and as great heat arose betwixt them and the Session
of their kirk, when they urged the elders and deacons to serve at
the tables, when the Communion was to be celebrate at Easter
1619, they delated their flock to the King, whereupon the King

2 68 APOLOGETICAL NARRATION
sent a sharp rebuke to the Magistrates and CounseU of the towne.
In their letter they did what they could to incense the King, and
let him understand that he had as great advantage against the
Towne of Edinburgh as he had the 17th of December. But when
they were challenged, they denyed stiffely that they had sent any
hard information to the King. But in July 1619, the controversie
was taken up between them and the Magistrates, by the pretended
Bishop of St Andrews, and the President, Secretarie HamUton, *
at the Kirk's direction. To aUure many to come to the Kirk, they
offered them hbertie to sit, stand or kneeU, as they pleased ; but
few were then moved with the offer ; howbeit, by processe of
tyme, many have been drawn to communicate with them. Cold
and gracelesse were their Communions; few were the communi
cants, but rare was the number of kneeUers. And since the first
breaking off, the number of communicants hath increased, to the
great grief of the better sort. But the number of kneeUers have
decreased; neither are the communicants like to be urged with
kneeUing, tiU a greater number of communicants be drawne in.
It is lamentable to see that holy action so profaned, where the
former order of administration was changed ; the distractions be
twixt the ministers and the people, kneeUers and sitters, commu
nicants, and such as wold not communicat, (not without great
reason), with the kneeUing communicants.
Mr John HaU craved to be dismissed with the King's favour,
pretending his age and infirmity of body, but in truth to hve at
ease and lazily upon the pension he had of the King, for his good
service in former tymes. So he left his ministrie in Edinburgh
without the people's consent, and when there was no sensible decay
perceived in his gifts.
Mr Richard Dickson was cited to compear before the High
Commission in March 1619, to answer for not celebrating the Com
munion conforme to the Act of Perth, condemning in speciaU the
act of kneeUing, and inhibiting the people to kneeU. Without any
* Sir Thomas Hamilton (then Lord Binning) had been appointed President of the
Court of Session in June 1616.

OF THE STATE OF THE KIRK. 269
long processe he was deprived, and ordained to enter his person in
waird in Dumbarton, where he was detained some years, but was
never suffered to return to his own flock.
Mr Thomas Hogg, minister at Dysert, was summoned to com
pear before the High Commission, the 13th of Aprile 1619, for
impugning, in his course of exercise, the Five Articles concluded
at Perth. He refused to answer to that judicatorie for his doc
trine. Bishop Spottswood wUled him to advise, whether he wold
conforme to the Articles ; but he answered, He was resolved. He
was caUed again before them upon the 22d of Aprile. The Bishop
laid to his charge sundry speeches he had uttered against the
Estate of Bishops. After he had answered, the Bishop offered to
provide him to the first vacant place in his diocie, because he was
meanly provided in Dysert, if he wold not meddle with their Estate
hereafter. But he refused the offer or to make any such bargain.
Bishop Law was appointed to conferr with him. When he had
said that they must answer before the Judge of Heaven, who had
a higher commission, Bishop Law answered, " It is lang to that
day, and ye must suffer in the mean tyme." After he was caUed
in again, they suspended him from his ministrie, ordained him to
go to Orkney within the space of fortie days, to be confyned there
during the King's pleasure and wiU. He appealed to the judgment
of a lawful General Assembly, by reason the particulars upon which
they grounded their sentence were not UbeUed in the summons,
but only aUeged by St Andrews. Sundry speeches past betwixt
him and sundry of the Bishops, which I am forced to pretermitt
in this abridgment. St Andrews caused summons him to compear
before the nixt Diocesian Synod, to hear and see himself deprived
for obstinat rejecting the Articles of Perth. But he compeared
not, understanding that the Bishop proceeded in the Diocesian
Synod as he pleased. Thereupon he was deprived.
Mr Andrew Duncan, minister at CarraUl, one of the six minis
ters condemned at Linlithgow and banished, but suffered, upon
earnest entreaty, to returne, was cited likewise to compear before
the High Commission. He declined at the first diet, and stood

270 APOLOGETICAL NARRATION
to his declinature at the second diet. The High Commission
proceeded to sentence of deprivation, and ordained him to enter
in waird at Dundee. After the sentence was pronounced he gave
in this admonition following : —
" Now, seeing I have done nothing in this bussinesse whereof I
have been accused by you, but have been serving Christ Jesus, my
Master, in rebuking vice in simpUcity and uprightnesse of heart,
I protest (seeing ye have done me this wrong), for a remedy at
God the righteous Judge his hands, to whom vengeance belongeth,
and who wiU repay and summonds you before bis dreadfuU judg
ment-seat, to be censured and punished for such unrighteous deaU
ing at such time as his Majesty shaU think expedient ; and in the
mean tyme declyne this your judgment simpliciter now as of befor,
and appeaU to the ordinary GeneraU Assembly of the Kirk, for the
reasons before produced in write. Pitie yourselves, for the Lord's
sake ; lose not your own dear souls ; lose them not, I beseech you,
for Esau's pottage. Remember Balaam who was cast away by the
deceit of the wages of unrighteousness ; and forget not how
miserably Judas lost himself for ever, for a triffle of money that
never did him good. Fye on back and beUy that destroyeth the
soul ! Better be pyned to dead for hunger than for a Uttle peltrie of
the earth to perish for ever, and never be recovered so long as the
days of heaven shaU last, and the years of etemitie shaU endure.
Should ye be the burriers of your brethren, the sons and servants
of the Christ Jesus ? This doing is not the doing of the shepherds
of the flock of Christ Jesus. If ye wUl not regard your soul nor
conscience, look, I beseech you, to your fame. Why wUl ye be
miserable both in this hfe and in the hfe to come ?"
The pretended Bishop called a number of ministers to a meeting
in St Andrews, upon the 23d of November 1619, without the
King's knowledge, as they aUedged ; but the King, being certified
of their intention, had sent the Lord Scoone to be present, and,
with him, his letter for declaration of Iris pleasure. They were
drawn only to a meeting or conference ; but, by their expectation,

OF THE STATE OF THE KIRK. 271
Scoone was sent to threaten them, and to present the King's rigo
rous letter. Spotswood professed, that, for his particular, he could
be contented that the Kirk of Scotland wanted those things. " But
seeing," saith he, " his Majesty doth urge them, and that, without
his displeasure, he could not tolerate your refusaU any longer, the
things themselves being indifferent, and now estabUshed by an act
of the Kirk, ye must not think that we mean to suffer in this cause
with you, although ye should incur great troubles hereafter ; for
I wUl preferr unity in the Kirk before your chUdren, wives and
estates ; and what his Majestie's expresse command is, ye shaU
hear by his owne letter." The King's letter to the Bishops was
read, commanding them, as they wold be answerable to him, to de
pose aU those that refuse to conforme, without respect of persons,
no wayes regarding the multitude of the rebeUious ; for if there be
not a sufficient number to fill their places, he would send them mi
nisters out of England. Spottiswood craved the advice of the
Bishops and some others. Mr John CarmichaeU, giving his advice,
answered, That suppose the things urged were indifferent, yet it
hath been the judgment of famous divines, that those who agree
in the foundation, should bear one with another in things indiffe
rent. He remembered to this purpose, the speech of Hermannus to
Cassander : " Et tunc audeas eos in exilium ire jubere, propter rituum
et consuetudinum diversitatem, qui una vobiscum in praecipuis Chris-
tianae religionis capitibus consentiunt ?" And Wachan, [Vaughan,]
Bishop of London, his words to himselfe : " E I were charged, upon
an oath," saith he, " I would take mine oath, that the Kirk of Eng
land might weeU want these ceremonies ; and that, seeing we hold
them indifferent, and our brethren hold them unlawfuU, we are
bound to bear with them." He aUedged, likewise, that diverse
brethren in England have been tolerat to their dyeing day, though
different in practice.
Seven were appointed for either syde to conferr the day follow
ing. They began with cursorie vehtations ; whereupon Mr John
CarmichaeU desyred, if they would have matters ftdly reasoned,
that they might agree upon some solid course. His desyre was,

272 APOLOGETICAL NARRATION
that they might reason by writ. This was refused, and the act
of the Assembly was stUl urged. He answered, " I pray you
presse us no more with that act ; if ye presse us, ye wiU provoke
us to utter that which wiU discontent you. First, The Bishop of
Aberdeen had confessed, that if the brethren had been faithfully
dealt with, they had not won so many to their side." Nixt, He al-
ledged the promise made by Spottiswood at Perth, that it should
not be a snare to the Kirk afterward ; and that, therefore, he de
syred the brethren only to give way for the present, for the King's
satisfaction. 3. He aUedged the act was not conceaved in the
terms of law, " We ordaine ;" but only in these words, " It seem-
eth meet or convenient ;" and that one of the Bishops came to
some of them standing togither, and said, " See how we have sett
downe this act of geniculation in words, which may give the King
contentment, yet such as may not enforce a law to be a snare unto
the brethren." Farther, he assured the Bishops, if they straitened
them with an act, they wold make known to the world how that
act was drawn on, upon what promises and conditions it was con
veyed, and after what manner it was enacted. And whereas they
caU these things indifferent, he hoped, by the grace of God, to
make manifest to the world, both by word and write, that these
things were not indifferent, but simply unlawfuU. Bishop Law
replyed, to the manner of enacting, that they did imitate therein
the Apostles decree. Mr John rejoined, That the Apostles words
were not only, That it seemeth meet to the Kirk, but also to the
Holy Ghost ; and therefore their decree did bind jure divino. But
when ordinary office-bearers meeting in an Assembly say, " It
seemeth good unto them," it is but their particular judgment, and
bindeth not obedience to the act, which was urged by Scoon. A
new meeting was appointed ; but the ministers compeared not.
A number of Ministers were summoned to compear before the
High Commission, upon the 26th of January and 21st of February
1620, and were urged to conforme at the nixt Easter, and cele
brate the Communion according to the act of Perth, with certi
fication of deprivation ; but they celebrated, notwithstanding,

OF THE STATE OF THE KIRK. 273
according to the laudable forme estabUshed and receaved by
our Kirk.
Mr John Scrimgeor, minister at Kinghorn, was cited to com
pear before the High Commission, which was to sitt upon the 1st
of March in Edinburgh. When he compeared, he was urged to
conforme to the Act of Perth in the ministration of the Sacraments
and observation of holy dayes. Some velitation between him and
some of the Bishops passed upon these two points, and upon the
resort of people out of other paroches to his Communion. He was
removed and caUed in again. Spottiswood intimate to him, that
he was deprived of aU function within the Kirk, and was ordain
ed, within six dayes, to enter Dundee, to be confyned there. He
[Scrimgeour] chaUenged them for their suddentie, before they had
heard what he had to say, and desyred to be farther heard. He
caUed to remembrance his advice he gave at a Synod in Dysert,
where sundry of the Lords of the CounseU, and Mr James Nicol
son, were present, What was the meetest way to pacifie the
troubles of the Kirk, to procure honour and soundest contentment
to his Majesty : which was, to regard ministers as his naturaU
and loyaU subjects, giving them the common benefit of the law of
the land ; to deaU with them by reason, and not to force them to
any point brevi manu; for they are men of judgment, and so
esteemed in the countrey ; brought up at the schooles ; could rea
son, and give an account of their doings ; but to force them with
violence of horning, wairding, depriving, what honor to the King,
or credit to them ? for in aU their sufferings they wold be the more
confident : that the Lords present, and Mr James promised it should
be so in tyme coming : that Mr James was of that same judgment
with himselfe, concerning the English conformity, the King's su
premacie, and the Episcopacie. He referred to witnesses, what was
¦ his judgment before his death, and his grief for that which he saw
then approaching. He putt the Bishops there present in remem
brance, how, at the Assembly holden at Dundee, and after at
Montrose, it was pretended a benefit to the Kirk, to have some
men of wisdome endued with competent - rents knowne to his
s

271 APOLOGETICAL NARRATION
Majestie, and so, having accesse to deall with him for the comfort
and benefit of the brethren ; for planting of kirks, providing of
benefices, &c. : How, notwithstanding, some brethren suspected
and feared this Episcopacie and English conformity ; with what
protestations and oaths such intentions were denyed; and these
brethren blamed, and hardly used for giving wairning. " How
wisely they suspected," [he said] " and what was meant, indeed,
is now manifest. Suppose, I pray you, it had been said to you
then, ' Sirs, the tyme will come ye wUl sitt as great Lords, clothed
with strange authority, caU and conveen, judge and condenme your
faithfull brethren, cast them out of their ministery, and expose
them to the uttermost contempt of the world, for not kneeUing
at the Communion, for not keeping YuUle ;' what wold ye have
answered ? Remember, likewise, under what blame ye bring this
Kirk, even to be repulsed by aU the Kirks in Europe, for incon-
stancie and faUing from our profession. We were in a most happie
unity tUl ye separated yourselves from us ; and yet ye wiU justify
yourselves and your proceedings against us, condemn e us as sedi
tious, disobedient, disloyaU, proud, fooUsh, such as stand for trifles
with so gracious a Prince, that please and foUow the fooUsh mul
titude, seeking praise to ourselves. We cannot be sUent, being so
hardly used, both by word and by deed. We are forced to plead
against you, and to proclaime to the world, that some of our number,
baited with the honor and profit of the world, ambitious men,
worldlings, men-pleasers, have start from us, and execute aU vio
lence and iniquity against us." " Ye sett out pamphlets against
us," said Spottiswood, " and darr not avouch them." " That is
because of your violence," said Mr John, " otherwise we may
avouch them before the whole world. I appeaU you before the
Lord Jesus, as ye shaU answer to him in the day of visitation, if
you hope to have comfort for that ye have cast out Mr John-)
Scrimgeor and others, out of the Lord's vineyaird, as idle and eviU
workmen, and if then, the favour of men may ease you." " That
will not do your turn nor help you," said Spottiswood. Cowper,
Bishop of Galloway, said to him, " Ye are wiUfuU, and wiU keep a

OF THE STATE OF THE KIRK. 275
schisme in the kirk." He answered, " Ye do wrong to alledge so ;
ye shaU not be able to acquyt yourselves of schisme ; we walked
aU soundly in the truth; ye have leapt from us; ye make a
schisme." " I grant we were weeU," said Spottiswood, " if it had
pleased the King, who must be obeyed ; and when it shaU please
his Majesty, I shaU returne to my former course." He answered,
" He is wise that is weU, and can hold himself so ; if we were
weeU before, the change must be eviU. I have had some tyme
and place to conferre with his Majesty anent the interest of the
matters of God, and professed that Christ was the Sovereigne,
and only director of his house : And I could, (I may say truely),
have climmed up to these preferements. I request you to be more
favourable interpreters of his Majesty's mind towards us, your
brethren, than thus to expose us to contempt, and other inconve
niences." " I tell you," said Mr Spottiswood, " the King is Pope
now, and so shall be." " That is an evU stile ye give him," said
Mr John.
Then he gave in the reasons foUowing, to stay the sentence : —
" 1. The reason of the censure being taken from Perth Assem
bly, put the case, it were lawful, yet the Act of geniculation was
in forma consilii et non prmcepti. Traditio Ecclesiastica, sub forma
consilii, et non prwcepti, libera esse dicitur.
"2. It was plainly protested, that what was consented unto
was only done to give his Majesty satisfaction, and not to snare
any brethren.
" 3. The reason aUedged for geniculation was the pretence of
prayer, yet it is left free to stand or sitt at prayer : Ergo, Much
more should the other be free.
" 4. The Assembly setteth down no expresse forme of ministra
tion of the Lord's Supper, or observation of holy days, at least, no
warrand for any forme practised where alteration hath taken place.
Neither is there any warrantable forme directed or approven by
the Kirk, besydes that which is extant in print before the Psalme
Book ; according to which, as I have always done, so now, I minis
ter that sacrament. s2

276 APOLOGETICAL NARRATION
" 5. The said Assembly, having only and properly power, to
appoint convenient censures against the contraveeners of their
owne acts and constitutions, have left the same free of aU sanction
or pain, generaU, or particular. Likeas, many of the affirmative
votters have solemnly declared, that if they had known any hard
censure to have past thereupon, they had never votted to any such
constitution. " 6. According to the rule, ' Ejusdem est exequi, cujus est con-
dere,' it hath been the custome of aU lawfuU CounseUs, and invio-
lablie observed by the GeneraU Assembly of Scotland, that they, in
their meetings, have execute their owne acts ; or, as occasion hath
requyred, have committed the execution of the same to certaine
Commissioners authorized to that effect, Presbyteries or Pro
vinciaU Assemblies, and have never given place to that PapaU
pride : Ad Canonum virtutem, ordinem, interpretationem, dispensa-
tionem, fyc, requiritur Papa ; ad infallibilitatem decisionis requiritur,
Consilium. "7. As there is no censure ecclesiasticaU appointed in the cases
above specified, so there is no Act of Parhament ordaining punish
ment for the aUedged transgressions hbeUed ; but, by the contrare,
diverse Acts of Parliament, aUowing and commanding his High
nesse subjects of this kingdome, to receave the sacraments after
the manner observed by us.
" 8. The constitutions of this Kirk, in their due tenor and fuU
extent, viz., anent the conclusion of a particular matter ; the pe-
naltie against the controveeners of that conclusion and execution
thereof, properly proceed from one and the same authority, viz.,
of lawfull consent of authorized Commissioners orderly mett for
holding an Assembly. Neither is there any lawfuU power besydes
them, for making, establishing, and executing constitutions of that
kind ; much lesse may, or should some few of the number, after -3
the dissolving of the GeneraU Assembly, eek, alter, impare, or
presume to execute their acts without their own warrant.
" 9. As I have receaved my ministery by the lawfuU order of
this Kirk, and by solemne oath and promise, given at my admis-

OF THE STATE OF THE KIRK. 277
sion, have submitted myself to the GeneraU and ProvinciaU As
sembUes and Presbyteries, as judges ordinary, to aUow my pro
ceedings, or correct my faults, if any be, &c. : so I stand most
humbly submitted to his Majesty and the said Assembhes respec
tive, and of reason ought to be judged by no other in the particu
lar lybeUed."
As for the seventh reason, howbeit it aggredgeth their iniquity
for the tyme, yet it was of no lesse force after, it being supposed
that the Assembly at Perth was not a lawfuU GeneraU Assembly,
nor the Act agreeable to the Word of God, which no Parliament
can rectify by their ratification, farr lesse the Parhament foUowing
as it proceeded, as ye shaU see anone.
Spottiswood, after he had read the Reasons, said to him, " Take
up your Reasons again : E ye wUl not conforme, I cannot help it.
The King must be obeyed. My Lords have given sentence and
will stand to it." " Ye cannot deprive me of my ministerie,"
answered Mr John : " I receaved it not from you, but from the
whole Synod of Fife ; and for any thing ye do, I wUl never think
myselfe deposed." " Indeed, (said Bishop Spottiswood), I wiU be
a Papist in that. The order of the ministerie hath character indele-
bilis; ye are only discharged of the present exercise of it. When
ever it shaU please the King, ye may use it againe without any
new imposition of hands."
Mr John wished to be transported, if the nearnesse of Kinghom
to Edinburgh did offend. The Bishop answered, " That cannot be
granted now, but afterward, upon your good behaviour." Then
he in the protestation following said : —
" I protest before the Lord Jesus, that I get manifest wrong ;
my reasons and aUegations are not considered, nor answered. I
attest you to answer before his glorious appearance for this, and
such violent and wrong deaUing, in oppressing me thus malici
ously and fraudulently ; and protest plainly, my cause should have
been heard as I pleaded, and stUl plead ; and chaUenge exceptionem
fori ad legitimum forum et judicem. Likeas, I appeall to the Lord
Jesus, his eternal Word, the King my dread Soveraigne his laws,

278 APOLOGETICAL NARRATION
the constitutions of this Kirk and Kingdom, the CounseUs and
Assemblies of both ; and protest, that I stand minister of the
EvangeU, and only by violence am thrust from the same."
The only favour he obtained was to be confyned in BowhUl,
a little roome of his owne ; but he took greater liberty thereafter. *
A number of ministers in the Merce were cited to compear be
fore the High Commission upon the 2d of March 1620; but hef
could not obtain so much of them as to make the table short, and
to give the elements out of their own hands. They were dismissed
with admonition to be quiet, and not to hinder others who had
promised, sworne, and subscribed.
Upon Tuesday, the 28th of March, Mr James Law, Bishop of
Glasgow, assisted with the Bishops of Argyle, GaUoway, Dum
blane, Doctor Whitfoord, minister at Moffet, Doctor Hay, minis
ter at Peebles, Messrs Thomas Muirhead, James HamUton, Archi
bald HamUton, David Sharp, DanieU Cunninghame, held a Court
of High Commission in Glasgow. Mr WiUiam Livingstoun, minis
ter at Lanerk, Mr John Ferguson, minister at Oclultree, were
cited to compear before them. Mr WUUam Livingston aUedged
he was cited upon the Saturday, and, therefore, in respect of his
sermons, had not tyme to advyse upon the lybeU. They urged
him, notwithstanding, with obedience to the Articles. He re
fused to have ado with them, or their course. They urged him
to take a tyme to advise. He refused, because he doubted
not, and would not weaken others by bis dissembling. When
they urged him with the authority of Perth Assembly, he an
swered, " That he was not bound to do good for that Assem
bly, much lesse to do evUl ; he wold do good because it is good, '
and not for that Assembly." When Bishop Law asked, What
he had to object against that Assembly, he answered, "It was
neither free, nor full, nor formaU ; it consisted not of such as had "*
power to enact. I thank God I saw it, and the proceedings of it.
* That is, he continued preaching at Kingliorn, notwithstanding the sentence of
the High Commission.
t The Bishop of St Andrews.

OF THE STATE OF THE KIRK. 279
LawfuU Commissioners were neglected, and others were admitted
to vote who had not commission." The Bishop seemed to take no
notice of such speeches. When they proceed to the sentence of
deposition or confyning, he answered, That their sentence pro
ceeded not from a just power, nor was given for a lawfuU cause,
nor the processe deduced after a right manner; and gave his
reasons, which are expressed in his dechnature. Mr John Fergu
son, after some speeches past betwixt him and them, declyned
likewise, and told them they must be answerable to God, how they
dealt with him. Glasgow answered, " We wiU be doing in the
meantime." Mr John professed plainely he would not acknowledge
their deposition, but would teach as long as any would hear him.
As for his wairding, he acknowledged the King's power over his
person. At the entreaty of some, he got ease of the place of his
confyning, to wit, Perth. Mr William Livingstoun should have
been confyned in Minnie Abbey; [but] went home to his owne
flock. The coppie of the Dechnature given in by them severaUy
foUoweth : —
" In respect the fault lybeUed concerneth my office of my minis
terie, which I receaved by the lawfuU order of this Kirk ; and by
solemne oath and promise given at my admission, have submitted
myself to the GeneraU and ProvinciaU AssembUes and Presby
teries, as judges ordinary, either to aUow my proceedings, or to
correct my faults ; I stand most humbly submitted to his Majesty
and the said Assemblyes respective, and, by reason, ought to be
judged by no others in the particulars lybeUed. Therefore, seeing
it hath been the custome of aU lawfull CounseUs, and inviolablie
observed in the GeneraU Assemblies of the Kirk of Scotland, that
they in their meetings have execute their owne acts, or committed
the execution thereof to certain Commissioners : And seeing the
aUedged acts containe no paine, or hard censure to follow there
upon, neither hath the Assembly given power to Commissioners
to execute these acts ; neither is there any Act of Parliament, or-
dainino- punishment for the aUedged transgressions lybeUed, but
by the contrary, allowing and commanding his Highnesse' s sub-

280 APOLOGETICAL NARRATION
jects of this kingdome to preach and receave the sacrament, after
the manner observed by us : Notwithstanding whereof, the lybeU
threatens, not only deprivation from aU function of the ministerie,
but also punishment by other censures and pains that may be im
posed by vertue of the High Commission : Farther, his Majesty
and Three Estates, (James VI., ParUament 8, Act 131), discharg-
eth aU judgments or jurisdictions, spirituaU or temporaU, which are
not approven by his Majesty and Three Estates conveened in Par
liament, and decerneth the same to cease, tUl the nature thereof be
first seen and considered by his Highnesse, and the said Three
Estates, conveened in Parliament, as said is, and be aUowed and
ratifyed by them : Certifying them that shaU proceed in using and
executing of the said judgments and jurisdictions, or in obeying
the same, not being aUowed and ratified, as said is, they shaU be
repute, holden, caUed, pursued, and punished as usurpers and
contemners of his Highnesse's authority, for example to others :
And true it is, that this Commission was not approved in Parha
ment, notwithstanding interveened since it was first used: There
fore, whatsoever censure ye may inflict for useing, I wiU not in-
curr the like for obeying. For the reasons foresaids, and others
to be eeked, if need be, I decline the said High Commission, as
no wayes competent judges in the caise above specifyed ; and hum
bly submitt myselfe to be judged by the laws of the GeneraU
Assembly." Mr Robert Scot was continued tUl after Easter.
Directions were sent downe from the King in the beginning of
Aprile 1620, to confyne certaine citizens of Edinburgh for assist
ing refractorie ministers in their disobedience, accompanying them
when they were to compear before the High Commission, thereby
encourageing them to stand out against the orders of the Kirk, in
contempt of authority. Whereupon the persons foUowing, nomi
nat in the King's letter, were charged upon the 25th of AprUe,
to enter to their severaU wairds or confynement, without citation,
tryaU, or conviction before the Counsell, only for satisfaction to
his Majesty : William Eigg and James Cathkin, to addresse them-

OF THE STATE OF THE KIRK. 281
selves to Cathnesse, within the space of thirty dayes ; Richard
Lawson, to Aberdeen; John Meen, to Wigtoun, within twenty
dayes ; Thomas Eigles, (mistaken for John Ingles), to the burgh
of Montrose ; Robert Meiklejohn, to the city of Dunkelden, within
fifteen dayes; and to keep waird within the bounds limited to
them, and no wayes to transcend the said bounds, without the
King's speciaU warrand had and obtained thereto, under the pain
of rebeUion. There was no pretended cause against Robert Meikle
john, but that he sat the year preceeding, when Mr Patrick Gal
loway dehvered to him the elements, whereby it seemeth that Mr
Patrick put him in this roU. The CounseU of the towne inter-
ceeded with the Bishop of St Andrews for them ;. so the execution
was superseded tiU July.
Bishop Spottiswood held a Diocesian Synod upon the 25th of
Aprile. He threatened to cause the Conforme ministers censure
those that were Not Conforme ; but those who wold not conforme
went out of the Assembly, except seven or eight, after they had
answered to their names. For a terror to this Synod, he had de
prived, in the court of High Commission, in the week preceeding,
Doctor Barclay of the exercise of preaching within the diocie of St
Andrews ; confyned Mr David Mearnes, minister at Carnbie in his
own paroch, with certification of deprivation, in caise he resolved
not, betwixt and Martimasse, to minister the Communion according
to the Act of Perth. Mr William Arskine was ordained to be con
fyned in Angus.
Upon the 19th of June 1620, new intimation was made, by pro
clamation of the King's wUl, and pleasure, concerning obedience to
be given to the Acts of Perth Assembly, especiaUy the Acts con
cerning the fyve dayes, and the receiving of the Communion, under
the pain of suspension, deprivation, confyning or wairding of mi
nisters and penalties prescribed for professors according to their
qualities and degrees.
In the beginning of July, WiUiam Rigg and John Meen were
charged de novo, to enter into their confyments ; but, after entreaty,
the Bishop wrote to the Counsell in their favours.

282 APOLOGETICAL NARRATION
In the beginning of May or end of AprUe [1621,] the subjects
were warned, by proclamation, to give in what sutes, articles, or
petitions they had to propone to the ParUament, to the Clerk of
Register, before the 20th day of May, that by him they may be
presented to so many of the CounseU as were appointed by his
Majesty to meet some dayes before the ParUament, with certifica
tion the same shaU not be receaved, read nor votted in ParUa
ment, unlesse they be passed under his Highnesse hand. AU
other corporations or private persons, as they had to do in Parha
ment, keept their ordinary meetings, according to their wonted
priviledges, to prepare their petitions and articles. But that
liberty which ministers wont to have of a GeneraU Assembly, to
send Commissioners with articles to the Estates conveened in
Parliament, was denyed to them, not only now, but at other
Parhaments preceeding ; therefore some ministers aggreed upon
a Supplication, which was presented by Mr Andrew Duncan in
their name to Sir George Hay, Clerk of Register.
In this supplication which, in the fuU tenor, is sett downe in
" The Course of Conformity," they humbly desyre, in the name
of this Kirk, that the Estates would interceed at his Majesties
hands, That —
" A sufficient and ready execution of former Acts of Parhament
made against the fearfuU blasphemie of God's name, profaneing of
the Lord's Day, and contempt of his Sanctuary and Service, so
universaUy overflowing in this land, not only in the persons of poor
ignorants, in a manner tyed to those horrible crymes by a cursed
custome, and beggarly necessity ; but even in the more honourable
sort, whose damnable exemple encourages their foUowers to sin
without fear ; with such additions as may represse and restraine
these crying abominations in aU, without respect of persons.
" A safe liberty to enjoy the profession of our reUgion, as it is
reformed in doctrine, sacraments and discipline, and hath been
openly professed, sworne and practised by Prince, pastors, and
people of all ranks, your predecessors of worthy memory, yourselves,
and vvc all yet living, these threescore years bygone and above.

OF THE STATE OF THE KIRK. 283
" A fuU deUverance from and a sufficient defence against all no
vations and novelties in Doctrine, Sacraments and DiscipUne ; and
especially such as, by constitutions of the Kirk, Confessions of
Faith, hberal lawes of the country, oaths and subscriptions, and
long continued practice, hath been condemned and cast out, as idle
rites and Romish formahties, under whatsoever pretence they plead
for re-entrie.
" That no Act passe in derogation and prejudice of the acts
afready granted in favour of Reformation, Uberty of Assembhes,
convenient execution of DiscipUne, &c; or for corroboration of new
opinions, against the same, whether Episcopacy, or ceremonies, the
shaddow thereof, which for the peace of the Kirk should be rejected
by heavenly wisdome, rather than ratified.
" That aU Ministers that are removed from their charges be re
stored to their places, functions and stipends.
" The happinesse to Uve under his Majesty and his heirs, ordi
nary judges and rulers appointed by lawes and customs, and esta
blished by the Acts of Parhament. That our cause be lawfuUy cog
nosced, according to order and justice, before any sentence passe
against our persons, places and estates ; and not to be judged by
any judicatory forreigne, and not estabUshed by the lawes of the
countrey." The Clerk of Register with great difficultie was entreated to
receave the Supphcation. When he receaved it, subscribed by the
presenter, he professed he doubted whether he would exhibit it to
the ParUament or not.
The King's great Commissioner, the Marquesse of Hamilton, after
he came from Court, had his first meeting in private with the
Officers of Estate and some others. They consulted how to prevent
and stop all opposition at the ensueing Parliament against the rati
fication of Perth Assembly and Acts thereof. The Parliament was
prorogate from the 23d of July 1621 to the 25th, that the Bishops
and other agents for the King might have tyme to deaU with
Noblemen and Commissioners. They tryed their inclination, and
as they found them affected wrought upon them to be present or

284 APOLOGETICAL NARRATION
absent, or to resolve wisely against the day appointed, speciaUy
such as had broken estates. Those whom they feared most, they
would have had them to believe that opposition was needlesse :
Therefore some dispairing, cryed out, " Our opposition wiU do us
evU, and the cause no good." Others, of a more servUe and base
spirit, resolved to follow the multitude, and the mightie. Some
noblemen obtained hcence to returne home, which was easily
granted. Upon the 22d of July, Mr Alexander Simpson, minister at
Merton, preaching in the Grayfrier Kirk, spared neither King,
Bishops nor Ministers. He and Mr Andrew Duncan, presenter of
the supplication above mentioned, were apprehended the day foUow
ing by the captain of the guard, and presented before the CounseU.
Mr Alexander conceaUed nothing of that which he had said, and
spared not to caU the Bishops, in their face, "beUy-gods," and
" enemies to the Kirk of Christ," and denounced the judgments of
God against them if they repented not. The Bishops wold have
had him pubhckly punished. Some bade hang him to be a terror
to the rest ; others, better acquaint with his resolutenesse to suffer,
advised them to take a calmer course. So he and Mr Andrew, who
was chaUenged for presenting the Supphcation, were, at the appoint
ment of the Counsell, convoyed by the guard to Dumbarton; where
they were detained till October foUowing, and then presented be
fore the Counsell. Mr Alexander was confyned in his owne paroch ;
Mr Andrew Duncan in KiUrinnie.
The weeU affected ministers who were conveened out of aU the
quarters of the countrey, directed, upon the 23d of July, eight or
nine of their number to the Commissioners of Burrows, to request
them to stand to the purity of the truth and hberty of the GospeU.
They receaved fair words, but litle performance, at that Parlia
ment. One of Bishop Spottiswood's domesticks who was present,
informed the Bishop ; the Bishop informed the CounseU. Upon this
pretence, and upon the pretence of the preaching dehvered by Mr
Alexander, the ministers were charged to depart off the towne
within twenty-four hours after the charge, except the ordinary

OF THE STATE OF THE KIRK. 285
ministers of Edinburgh, and such others as, upon notoriety of their
lawfuU affairs, wold procure a warrant from the Ordinar, and, fail-
Ung him, from one of the Archbishops ; but the true cause was,
lest they staying, should procure opposition to the ratification of
the Acts. Other subjects that had to do in that High Court of
Parliament, were suffered to repair and remaine in the burgh.
The Bishops were bound by the Caveats to do nothing in Parha
ment without advice and consent of the General Assembly ; but
they laboured by aU means that there should be no GeneraU As
sembly. Yea, howbeit in the ParUament preceeding, when the
union of kirks and modification of stipends were to be treated,
they invited and desired promiscuously, ministers to come and
assist them with their advice and countenance ; but now, when
the Five Articles were to be treated and ratified, neither have
they a GeneraU Assembly with whom to advise, nor a promiscuous
meeting of ministers, but wUl have aU that are opposite to their
intention to be removed out of the towne. Howbeit it was
granted by proclamation, that so many ministers as might pro
cure a warrant from the Bishop might stay stiU ; yet when some
craved Ucence, the Bishop would not grant it, unlesse they would
promise to make no interpeUation nor intercession, private or pub
Uck, against the Five Articles.
Some zealous men of the ministerie, understanding before that
the charge was to be pubhshed, resolved to leave Informations and
Admonitions to the Estates, and agreed upon a Protestation to be
presented to them, if the Informations and Admonitions wrought
not the effect intended. They left these Informations foUowing : —
" Your Honors assembled in this present Parliament, ought to
abstaine from all ratification and aU corroboration whatsoever of
Perth Assembly, and the acts thereof, for the reasons foUowing,
and many moe aUedged and to be produced, if your great adoes
could permitt : —
" 1. It is but an Assembly single, and in itselfe divided. 2. In
forme of proceeding not only different from others, but directly
against the order established in the Kirk. 3. In effect contrarious

286 APOLOGETICAL NARRATION
to aU GeneraU and ProvinciaU Assembhes, Presbyteries and Ses
sions as they are institut, and have been holden in Scotland since
Reformation of rehgion within the same. 4. The carried sentence
and acts thereof are repugnant to the forme of rehgion receaved,
believed, professed, established and defended by this Kirk and
whole body of this realme, by your honourable predecessors of
worthie memorie, and yourselves, and practised universaUy, and in
the severall paroches of this kingdome, these sixtie yeares and above.
Non est a consuetudine recedendum facile, nisi rationi adversetur ; much
lesse from a known truth, directed and blessed by God in such
abundance of benefits, as the land hath enjoyed with rehgion. No
Kirk, Protestant nor Lutheran, nor of other profession, Papists or
whosoever, wUl go in a change, without some evident, at least ap
parent reason of the Word. The change but of the old Calendar
for the Pope's new one, (and that is but a small thing), made a
great hurly-burly at Riga in Livonia, and at Augusta.
" 2. Such ratification should crosse and directly prejudice the
Acts of Parhament 1592, and the provision expressed in the end
of the Act of Parhament 1597, and aU other acts sett down in
favour of the jurisdiction of the Kirk, hberty thereof, Assembhes
and discipUne : Item, His Majestie's proclamation, pubUshed and
printed at command of his CounseU, 1605 : Item, The protestation
made at Perth 1606, and all others made before and since : Item,
The Covenant made by the ministers and professors of this king-
dome, 1596 and 1597, and aU other bands, whereby pastors and
flocks have obhged themselves, in persons and continuaU practice,
to stand to the forme of religion receaved and practised. Tales
legum mutationes would prove legum vulnera. Quce in suo statu
eademque manent, etsi deteriora sunt, tamen utiliora sunt reipublicaz,
quam quae per renovationem vel meliora inducuntur. And with what
credit and constancie could your Honours confirme separation from
your fathers, and the break of ancient unity and conformity with
your owne Kirk, when it may be truly said, Melius atque rectius
olim provisum , et qua' convcrtuntur, in deterius mutantur?
" 3. The Reformers of this Kirk, and such as by a long continu-

OF THE STATE OF THE KIRK. 287
ance foUowed them, laid a sure foundation, and buUded upon the
same without error, notwithstanding of difficUl tymes. It were
our wisdom to go forward, and not backward ; to strengthen, and
not to weaken. David left not the ark where Saul left it, nor
Solomon where David. If our fathers were in the way, our change
is error, and out of the way. And shaU we say now, that our
sound and ancient profession is priscus rigor, cui jam pares non sunt
homines ? Constantine's course was more commendable. Perfecit
Constantinus quod Philippics jam cceperat. It were our duty if our
forebeears have done wrong, to practise the rule, Quce illicita a
prcedecessoribus inveniuntur, admissa in melius revocari oportet.
" 4. Observation of holy dayes, kneeUing, &c, as they are straitly
enjoined, are void of the necessary properties requyred by the
wisest fathers in a lawful ceremonie, utfidei congruat, saluti profi-
ciat, discipline conducat ; so in this Kirk, neither are they neces
sary, expedient, nor fitting the frame of our Reformation. They
edify not ; they divide and destroy. In so farr as ceremonies, be
ing testes religionis, they are signes to the adversaries of the truth,
that we repent our Reformation, which is not; and presages to
returne to their damned ceremonies, which, by the grace of God,
we mean not, in substance or ceremonie. To reinduce them, say
the Divines of Germanie, is to disturb the peace of the Kirk, to
grieve the godly, to wound the weak, to countenance Poperie by
shew of inchnation towards it, or commoderation with it. In
neighbour Kirks where they most prevaiU, their removaU is most
earnestly sought.
" 5. In Perth Assembly, they are concluded not as laws bind
ing either to fault or paine, but as admonitions or constitutions.
Magnum est discrimen inter ecclesiastica decreta et politica, quorum
necesse est ilia minus obstringere conscientias ; nam in ecclesiasticis,
spectanda est tvrufya, in politicis autem parendum est, quamvis tu
earn eutaxiam non videas. Such ceremonies are juris privati, non
publici. Ek man is bound in conscience by the Word, first to
discerne what is indifferent, and then to direct himselfe in the
right use of every individuaU thing for his own edification. And

288 APOLOGETICAL NARRATION
if ministers and professors be restrained from that search, and
brought under a compeUed obedience by the law, that were to re
vive the ancient servitude of the German Adiaphorisme, wherewith
the godly wold never suffer themselves to be entangled : Nulla lex
sibi solam conscientiam justitice suae debet, sed Us a quibus obsequium
exspectat. " 6. Our forebeears findeth the controverted ceremonies to be
the mouse-webbs of Popery, and hke the moudiworts in Thessaly,
that overthrew a whole towne. Quod in Papatu dolendum, in re-
formatione auferendum putarent. They not only took away Baal,
but the calves of Dan and Bethel. They thought it nowayes
meet to follow Pilate's poUcie, to please the Jews with scourgeing
of Christ that they might keep him alive. And wUl the Papists
be pleased with scourgeing the doctrine with inventions, &c, and
taking again some of these ceremonies ? WiU that preserve us
against their heat breathed out against us as hereticks, and make
us lurk under mitigation, as if we were now but schismaticks ?
' Non est ad hunc modum in religione agendum,' (saith one) ; ' tota
enim repurganda est, et ad vivum emendanda.' And another saith,
e Atqui prcestaret sepultam esse doctrinam ad tempus, quam sic fla-
gellari.'' It is to be feared, before it be long, that men disaffected
to the ancient order shaU further presume, ere it be long, to give
out other doctrines as weU as new ceremonies.
" 7. Ratification wold compasse a great many ministers and pro
fessors of this Kirk between two dangerous straits : Either to prac
tise against the truth, as they understand it, and have walked in
it, and against the personall bands, whereby they have obliged
themselves to stand constantly to the obedience of it, or else to
fall under the breach of a civU law, more hardly, perhaps, to be
pursued than the lawes against heresies, blasphemies, breaking of
the Sabbath Day, &c. In such case, as we are alwayes ready, in
our goods and bodies, to the increasing and upholding of his
Majestie's honour and Estate ; so, according to our possibility, and
the occurrent necessity of his Majestie's affairs, we cheerfuU offer
our best supplies and help. And for ease of our just greevances,

OF THE STATE OF THE KIRK. 289
and fears of our Christian Uberty from constraint of ceremonies, we
humbly begg to have returned ratification of our ancient Uberties
of reUgion. Ceremonies should be perswaded by reason, and not
enforced by compulsion. Propter externos ritus disciplines homines
pios ferire, neque Domini est voluntas, neque purioris ecclesice mos. In
the name of our Lord Jesus Christ we requyre your Honours, that
at this tyme ye walk in the matters of the Kirk, as one day ye
shaU be judged dutifuU, according to the Scriptures foUowing : —
' Beware of men ; bewarr of eviU workers.' ' Let no man beguile
you with enticeing words.' ' Stand fast in the faith ; quite you like
men; be strong.' ' Stand fast in the Uberty wherewith Christ
hath made you free, and be not entangled again with the yoke of
bondage.' ' Hold fast the form of sound words.' ' That good
thing which is committed unto thee, keep.' ' Contend earnestly
for the faith which was once given to the saints.' ' Seeing ye
know these things before, bewarr lest ye faU from your owne sted-
fastnesse. ' Strengthen the things which remain that are ready
to die. Eemember how thou hast receaved, and heard ; and
hold fast, and repent. If thou watch not, I wiU come upon
thee suddenly luce a thief in the night, and thou shalt not know
what hour.' ' They have no courage for the truth upon earth.'
(Jeremiah, ix. 3.)"
FIVE REASONS WHY THE FIVE ARTICLES OF PERTH OUGHT NOT
TO BE RATIFIED IN THIS PRESENT PARLIAMENT.
" First, Because that Assembly was not lawfully constitute,
wanting a fundamentall privUedge of a lawfuU Assembly, in re
spect that, contrary to the Act of the Generall Assembly, holden
anno 1600, and anno 1568, Bishops, Barrons and Burgesses, votted,
not being authorized with Commissions from Synods, Presbyteries,
nor Sessions of Kirks. His Majestie's letter, directed to particular
barrons and burgesses, without commission from their incorpora
tions, could not give them vote in Parliament, much less in the
GeneraU Assembly.

290 APOLOGETICAL NARRATION
" Secondly, Putting the case that these Articles were indiffe
rent, yet the Assembly hath erred, in respect it hath concluded
contrary to the apostohck rule in things indifferent ; which is, that
the practice should not only not compeU him that, for conscience,
refuseth to practise, but, also, lest he offend him, should forbear to
practise himselfe ; propter conscientiam non tuam, sed ipsius, dico, 1st
Corinth, x. 29. ' If thy brother be grieved for thy meat, now
walkest thou not charitably. Destroy him not for thy meat for
whom Christ hath died.' (Rom. xiv. 15.)
" Third, Because the foresaid Articles being determined in al
teram partem per circumstantias irnpeditivas in themselves, are un
lawfuU : the observation of it drawing with it a revolt, and return
ing back again to Popish rites and ceremonies ; a violation of our
profession, subscriptions and oaths, whereby we renounced them ;
a confirming of Papists in their errors, and putting them in hope
of our coming to them in more substantial points ; grieving of the
hearts of aU zealously affected ; a preparative in the hearts of the
commontie, (who measure rehgion more by externa!! masks- of
ceremonies, than by substantial points of doctrine), to the receav
ing again of whole Poperie ; a terrible renting of this Kirk, and
inducing Atheisme instead of rehgion, the people not knowing
what to believe ; and seeing the observation of YuUl obtruded,
which, before discharged by Act of Parhament in aU pulpits in
Scotland, was sufficiently declared to be the invention and tra
dition of men, to be wUl worship and superstition, intertaining
the people in an error anent the birth of Christ, leading them to
aU sort of excess and profanation : And geniculation, the first of
the fifteen ceremonies of the Masse, (teste Dellarmino,) a gesture u>
vented and ordained only by Antichrist, more than 1300 years
since, after Christ, as the principaU externaU worship of their
breaden God, now inforced in the celebration of the Lord's Supper,
under pretence of indifference, more reverence and humility ; as
if we were not forbidden, prcecepto negativo, to presume to give
or receave the Communion more reverently than Christ and his
disciples did ; or that we were not commanded, prcecepto affirma-

OF THE STATE OF THE KIRK. 291
tivo, to imitate Christ in aU his rehgious actions, neither mira
culous nor admirable, nor having particular reason restricting them
to that time ; as though we were not warranted, prcecepto compara
tive, rather to imitate Christ with a table gesture, in that holy
banquet, than Antichrist with a gesture of adoration inductive to
idolatrie ; or, as though a man were able to give a reason why the
surplice, the crosse, and the elevation of the bread, may not as well
be receaved, (being of more antiquity). And if the ministers, ha
ving a surphce, with crossing, elevate the bread, and the people
bow their knee, what want we of a mass ? Ubi semel deerratum est,
in prceceps devenitur.
" Fourth, Because, if the High Commission be emboldened, with
ratification of this Parliament, to deprive ministers that wUl stand
out against these ceremonies, being the greatest number of the best
qualified, most painfull and fruitful of their calling within the land,
what a lamentable desolation shaU it draw upon this Church ! What
a wound shaU it be to every godly heart, to see their faithfuU pas
tors deprived, wairded, and banished, for giving the Communion as
Christ gave it, and refusing to give it after the forme of Anti
christ ! Is this a tyme to obtrude Antichristian ceremonies in the
Kirk, when the bloody sword of Antichrist is embrued in the blood
of so many Protestants in France and Germany ?
" Lastly, Because it was never seen, that this Parhament con
firmed the Acts of any Assembly, which they knew was caUed in
question, not only by a great number of the special of the minis
terie, but also by the greatest part of the most zealous professors
of the whole bodie of the kingdome ; as is manifest by the prac-
• tice of Edinburgh, seeking the Lord's Supper in thousands with
out the city."
In their Admonitions they inferr that the sound of the feet of
Poperie is at the doores, by these tokens — That Papists go free
who used to be fyned ; professors are counted Puritans, and rehgion
disgraced ; Seminary priests go abroad, and true pastors are con
fyned and imprisoned ; sea-ports are patent to forreigne Papists,
t2

292 apologetical narration
and banished ministers lye unrecalled ; sundry statesmen be smaU
friends to the true profession, and not unfriends to Papists ; tyme-
servers, and men-pleasers, usurp commission for Christ's Kirk,
being the greatest enemies thereof; the disciphne of Christ's Kirk
is already weeU nigh destroyed, and turned Antichristian, by the
usurpation and tyranny of our Prelates. The bringing back again
the cursed ceremonies which many count indifferent, but are, in
effect, pernicious, is, by the confession even of the urgers, at
least unnecessary and untymous, and so in rehgion abominable and
impious ; but, in truth, it is, first, a returning of the dog to the
vomit; second, scandalous to Papists and professors; third, con
trary to the Word ; fourth, in regard of the present use, wherso-
ever they are receaved, proving superstitious ; fifth, by reason of
the oath of God, which hereby is despised, blasphemous ; sixth, in
regard of the consequences damnable and devilish; and for the
manner of their estabhshing by violence and craftinesse, to all who
have eyes, odious.
In their Protestation they professe, if it shaU happen that any
matter be proponed, put in articles, or concluded in prejudice of
the reUgion established, and Acts of Parliament passed in favours
of the same, they wiU be constrained to use the remedy of a pro
testation. Likeas, adhereing to the protestations made at the Par
Uament holden at Perth in the year of God 1606, and to the protes
tations used in the last ParUament holden at Edinburgh, [1617],
and to aU other protestations whatsomever made in favours of the
Kirk, and against aU hurts and injuries intended against the same :
By the presents, they solemnely protested against all and whatso
ever articles, acts, or statutes whatsomever, shaU be proponed,
concluded, or published in and from the present Parhament, in
prejudice of the jurisdiction and hberty of the Kirk, Assemblies
thereof, order estabhshed, or any part thereof, or in favours of the
usurped government, and damned hierarchie of ceremonies and
alterations whatsomever, concerning the ministration of the sacra
ments, or any other point or practice of disciphne receaved in this
kingdome. Mr David Barclay was appointed to subscribe to the

of the state of the kirk. 293
protestation in their name, and to present it to the Lords of the
Articles, being conveened, and, if need be, to affix the same upon
the Parliament House door, or Mercat Croce, that their reasonable
disassent may be notoriously knowne.
The Brformations and Admonitions above mentioned made such
impression upon the hearts of many members of the Parliament,
that few wold have consented to the ratification of the Five Arti
cles, if they had not been wrought upon by the Marquesse of
HamUton, the Bishops, and others that were sett on work by
them. It was recommended to the care of the double guard, within and
without, that no minister, wanting the Bishops Ucence, be suffered
to enter into the ParUament House. After the members of the Par
liament were placed in their owne ranks a second search was made,
that such ministers might be removed, in case any had been suf
fered to enter. The Marquesse, in his harangue, after he had laid
open the King's great and extraordinary affairs, continuaU debase
ments, extraordinary aides, his suffering for the defence of the Pro
testants and Reformed Kirks, more than aU the Princes of the
world sustained, he spoke of the Five Articles as of matters indif
ferent, and therefore might be enjoined by the Prince who hath
lawfuU power to command in such things. He promised in the
King's name, that if they wold consent to the Five Articles they
should never be urged with moe ceremonies. He doubted nothing
of their good affection and concurrence to his Majestie's reasonable
desyres, and assured them that he wold let his Majestie know every
man's part.
So the Five Articles were not proponed indifferently and impar-
tiaUy to be considered, whether it was reasonable or expedient
to passe them in lawes or not, but by way of entreaty, to satisfy
the King's desires, and indirect threatening that his Majestie
shall be acquaint with every man's part. The choise of the
Lords of the Articles was not made of persons most indifferent,
of best judgment, and no wayes partiaUy affected to any party, as
beseemeth free Parhaments and Counsells. The Bishops chose

294 apologetical narration
eight of the NobUity ; those eight choosed eight Bishops ; these
togither choosed eight Barrons and eight Burgesses. The Officers
of Estates sat and votted with them. The Lords of the Articles
should have begun at the affairs of the Kirk, according to the
custome ; but to induce such as were not affected to the Ceremonies
to a large subsidie, upon hope to be freed from the Five Articles,
they began at the taxation. Three dayes were spent in reason
ing, voting, presenting petitions, receaving answers, and setting
down conditions in favour of men fearing their owne hurt. But
the Five Articles were quickly passed over, without regard had
to the discontentment of the subjects, the present rent in the
Kirk, the suffering of ministers and professors, and other incon
veniences likely to ensue. All except four consented to the Five
Articles. Mr Patrick Forbesse, Bishop of Aberdeen, was not con
tent that the matter was carryed by plurahty of votes, but reviled
the contrary minded as singular.
Notwithstanding there was good appearance that the Articles
should passe in Parliament, being agreed upon by the Lords of
the Articles, yet the King's chief agents thought good to hold the
Lords of the Articles busied with something, that they might have
leasure to deaU with the members of the ParUament. They im
ployed some treacherous intelligencers to try such as were yet
unknown to them. These insinuated themselves in the meetings
of Noblemen, Commissioners of shyres and burrows, and other oc-
casionaU meetings, rarer or more frequent, as occasion was offered.
They counterfitted a dislike of Perth Articles where they found any
to dislike them. Where they thought they were not suspected,
they wold craftily disswade men from good motions and resolu
tions, with shew of agreement in the generaU end. At night they
returned to their directors, and informed them what was every
man's disposition, that they might know with whom to deall by
themselves, or by others. Whereupon the Noblemen, Commis
sioners of shyres and burrows, were requested, in an imperious
manner, to forbear their meetings which they should have had for
advising, reasoning, and preparing themselves the more dcliberatly

OF THE STATE OF THE KIRK. 295
to vote in pubUck. It was promised, they should have inspection
of whatsoever thing past among the Lords of the Articles, at least
twenty-four hours before the publick meeting. They were enjoined
not to meet without the Great Commissioner's speciaU consent.
In the meantyme were the members of Parliament wrought upon.
Some were aUured with fair promises to promise consent ; others,
howbeit otherwayes weU affected, were so terrifyed that they left
the town. Some went home to eschew importunate requests.
Some who obstinately refused when they were chosen by their
shyres to accept commission, and had taken instruments upon their
refusaU, yea, had sworne, neither to ryde nor vote in Parliament at
that tyme, were induced both to behave themselves as commis
sioners, and to vote for the Articles. In the meantyme, the King,
lying near to York, of purpose to receave tymous advertisment,
was informed of aU their proceedings.
The bruite was spread, that the Parliament was to sit longer
than was looked for. But suddenly, without knowledge, and be
side the expectation of many of the members of the Parliament,
Saturday the 4th of August was appointed to be the last Ryding
day. Upon that day, betwixt three and four in the morning,
many were raised out of their beds with the sound of the com
mon beU, and came forth in arms, barefooted to the streets, fear
ing the people had made some insurrection. Those who had their
hands deepest in the present course were in the greatest perplex
ity, till they understood the people had no other intention but to
quench a fyre, consumeing a tenement of land in the Cowgate.
When the Lords were "mounting on their horses, a swan flieing
over their heads, and muttering her naturall song, the people
whispered among themselves, that they feared a bad conclusion of
that Parhament. The entry to the Parliament House was straitly
keept, lest any minister should enter without the Bishops' passe-
port. Mr David Barclay, minister at St Andrews, got entry, but
with great difficulty, as farr as to the uttmost barr, where he
waited upon occasion to enter farder ; but, in end, was removed
and put forth. He being debarred of accesse, fixed a coppie of

296 apologetical narration
the protestation above-mentioned upon the door of the ParUament
House, and another upon the Croce.
After that all the members of the Parhament were sett in their
owne places, the Great Commissioner, the Marquesse, exhorted
them to yield to the Five Articles concluded in Perth ; made apo-
iogie for the King's sincerity in reUgion ; attested, there was no
thing under heaven could be so acceptable to bis Majesty, as that
the Kirk of Scotland wold receave the Five Articles ; and said,
he wold engage his honor, faith, and credit, upon that Princelie
word, which his Majesty spoke to him, That if they wold receave
those Five Articles at that tyme, his Highnesse wold never bur
den them with any moe ceremonies during his lifetyme. This he
affirmed again in substance. After that the ChanceUor had ended
his speech, no place was left for reasoning. The promise made to
the nobihty, to have inspection of the conclusions of the Lords of
the Articles, twenty-four hours at least before the publick voting,
was tymously remembered by N. But this motion, and aU farther
deliberation was with bitterness repeUed. Although the Five
Articles were indifferent * in themselves, and in the opinions of
the most part, yet were they trussed up togither, that the weighti
est might seeme of no greater weight than the rest. The vot
ters were discharged here as at Perth to give any reason for
their votes. They were directed to expresse their voices by these
words, " agree " or " disagree." It came to passe that the
wyde opening of the mouth at the syUable a, did eat up the first
syUable dis, when some, speciaUy those who spoke with a low
voice, being affrayed with the minaceing eyes and looks of the
Secretar, answered ; and so the negative was noted for affirmative ;
Disagree for Agree. In calling the roU and marking the voices,
the distinction of the Three severaU Estates was not obseived, but
the names promiscuously called. Sundry voted as proxies for
absents. The Secretar voted for two English Vicounts who had
never been in Scotland but within this halfe-year. If they had
wanted their proxies and the votes of the Officers of Estate, the
* That is, unconnected.

OF THE STATE OF THE KIRK. 297
affirmative voters had been inferior in number, as men conceaved
who were present. Two or thrie noblemen presented not them
selves to their places tUl the Articles were past. AU former Acts
of ParUament, constitutions and customs, in so farr as they were
derogative to any of these Articles, were annulled and rescinded,-
as we find them extant in print ; howbeit these words were neither
voted nor read in ParUament. Alwayes it is acknowledged that
they are repugnant to the former acts ; which some do deny.
Howbeit it was usuah in aU ParUaments since the Eeformation,
that the Uberties of the Kirk be ratified, the liberty of Assemblies
and discipUne for tryaU and punishment of the adversaries of the
true reUgion, yet no mention was made of the same.
When the Grand Commissioner, the Marquesse, was rising from
the throne to ratify the Acts by the touch of the scepter, an extra
ordinary great Ughtning was sent in at the windows. After the
first, a second, and after the second, a third more dreadfuU. The
lightnings were seconded with three great cracks of thunder. The
house was dark before by reason of the darknesse of the day; but im
mediately after the lightning, foUowed an extraordinary great dark
nesse, which astonished aU that were in the house. It appeared
to aU that dwelt within the compasse of ten or twelve myles, that
the cloud stood right above Edinburgh, and overshaddowed only
that part. The people caUed this Saturday, " The Black Saturday."
The beacon standing in the entry of Leith haven was beaten down
with one of the blasts of thunder. After the lightning, darknesse,
and thunder, foUowed a showre of haill stones extraordinary great ;
and last of aU, rain in such abundance, that it made the gutters
run like Uttle brooks. The Lords were imprisoned about the space
of ane hour and an halfe. Servants rode home with foot mantles ;
and their masters withdrew themselves, some to coatch and some
to foot. So the Five Articles were not honoured with carrying of
the Honors, or Ryding of the Estates in ranks. In the mean tyme,
the Castle thundered with fyrie cannons, according to the custome
used at other Parliaments. This day began with fyre from the
earth in the morning, and ended with fyre from heaven at the

298 APOLOGETICAL NARRATION
evening. When the fear was past, then durst the Atheists scoffe,
and say, That as the Law was given with fyre from Mount Sinai,
so did these fyres confirme their lawes.* Bishop Spottiswood went
to Leith that night, and crossed the ferrie the day foUowing, ac
cording to his custom of profaneing the Lord's Day.
Upon Monday the 20th of August, the Acts of ParUament were
proclamed at the Mercat Crosse of Edinburgh. The tempest, rain,
thunder and fyre-flaughts f were renewed, and continued aU the
tyme of the reading of the Acts at the Crosse. After the Acts of
Perth were read, Doctor Barclay fixed a coppie of the protestation
above written upon the Crosse, and another upon the kirk-door,
and a third upon the palace-gate of Holyrood House ; whereupon
he took instruments with aU requisite solemnities, using the words
following : — " Here, in the name of the bretherne of the ministery
professing the rehgion as it hath been practised in our Kirk since
the Eeformation of the same, I protest against aU those things
that have been concluded in prejudice of our privUedges since the
first Eeformation thereof ; and adheres to my former protestation
made and affixed upon the Tolbooth door and other places, and to
aU other protestations made in favours of the Kirk in tyme of pre
ceeding Parliament."
The King, having obtained the vantage of a law, enjoined [on]
the Bishops rigorous execution, aUedgeing that the greatest matter
the Puritans had to object against the Church government was, that
their proceedings were warranted by no law, which now, by this
last Parliament, was cutt short. As the sword was put into their
hand he exhorted them to go on to use it, and let it rust no longer,
tiU they perfected the service trusted to them. This letter, as
many other of that kind, was no doubt procured, if not devised
and penned, by the Bishops themselves, and sent up to Court.
The stile is like Spottiswood's.
Upon the 10th of October, the King directed a letter to the
CounseU, willing the Lords of the Secret CounseU and Session,
* Calderwood's reflection on this is, " 0 horrible blasphemy !"
f Fyre-flaughts, flashes of lightning.

OF THE STATE OF THE KIRK. 299
and members of the CoUedge of Justice, to be advertised before
Christmasse, to resolve upon obedience to the Five Articles ; to
assure the CounseUours and Sessioners, that if any of them do
not resolve to conforme within fourteen dayes before Christmasse,
he shaU lose his place in his service ; if any advocate or clerk, he
shaU be suspended from the exercise of his office, the fees and
casualities thereto belonging, tiU such tyme as he conforme. He
signifyed also, that it was his speciaU pleasure, that no magis
trates, nor officers of burghs, nor shirreffs, nor shireff-clerks, nor
officers be chosen throughout the whole ldngdom, but such as in
aU points conforme and give obedience to the said orders.
About the end of October, the Bishop of St Andrews aUedged
he had receaved a letter from the King, to urge aU ministers,
readers, and schoolmasters to conforme, or else to depose them,
without respect to age or infirmity. Whereupon, Mr Thomas
Bigger, reader of Kinghorn, was cited to compear before the High
Commission, and wairded in the Tolbooth of St Andrews. In end,
the Bishop set him at hberty, upon condition to keep himselfe
within the schooU, and neither read in the Kirk, nor discharge
the office of a Clerk in the Session.
Mr John Murray, then minister at Dunrfermling, was again
troubled. He refused to compear before the High Commission,
and was forced to remove when the Bishop had procured a war
rant to charge him, under the pain of rebeUion, to remove, and to
remain confyned within the paroch of Fowles.
Mr John Row, minister at Carnock, was confyned in his owne
paroch. Mr David Dickson, minister at Eving, was threatened by the
Bishop of Glasgow, upon the' 6th of December, for not practising
the ceremonies, and labouring what in him lay at the last Parlia
ment to impede the acting of the Articles, but was dismissed at
that tyme, after some conference and reasoning with the Bishop ;
but was summoned upon the 2d of January, to compear before
the High Commission in Edinburgh, the 9th of January 1622.
He compeared, and after the summonds was read, he desyred

300 APOLOGETICAL NARRATION
them to expone his words to the best sense, and to suffer himself
to be the exponer. In end, he asked if Mr George Dumbar had
given in a declinature, but they wold not satisfy him in that point.
He taketh out of his pocket a coppie of the dechnature, and laid it
down to the Clerk. Some of the Bishops, whispering in his ear
as if they had favoured him, said to him, " Take it up, take it up."
He answered calmely, " I laid it not downe to that end to take it
up again." St Andrews asked, E he wold subscribe it. He pro
fessed he was ready. The Clerk, at the Bishops direction, had
scarcely read three lynes when the Bishop burst forth in cursing
and raUhng speeches, full of gaU and bitternesse, with a counte
nance answerable, and affirmed there was more pride in him than
in aU the Bishops of Scotland : he was led with the spirit of re
beUion and disobedience, with the spirit of the devUl. " I have
hanged," said he, " a Jesuit for the hke fault." Mr David an
swered, " I am not a rebeU ; I stand here as the King's subject,
and offer myselfe, in my dechnature, to the ordinary judicatorie
established afready by the King's laws. Grant me the benefit of
the law, and of a free subject ; I crave no more." The Bishop al-
ledged, His parishoners craved continuation, upon some hope ;
which they denyed. The Bishop of Glasgow aUedged, That he
had promised to such as had interponed request for him, that if he
behaved himself well before the High Commission, he should be
suffered to return home ; but by this declinature he had marred
the matter, and made it immedicabile vulnus. But the truth was,
he promised to the Countesse of Eglintoun, that if Mr David be
haved himself quietly, when he came to the towne of Edinburgh, he
should not be called upon [to appear before] the High Commission;
which was not performed. The Bishop desired his parochiners to
remove, and move him to take up his declinature. They craved
a tyme ; but it was not granted. Neither did they as he desyred.
He called him a Schismatick, an Anabaptist, one that had misled
them, and fiUed them with fantasies : he raiUed likewise upon the
Towne-Clerk, before they went forth. When Mr David was call
ed in again, St Andrews saith to him, " Thou art a rebeU, a

OF THE STATE OF THE KIRK. 301
breaker of the fifth command, disobedient to the King and us, who
may be your father, both one way and another : ye shaU ryde
with a thicker back before ye ding the King's Crown off his head."
" Farr may such a thought be from me," answered Mr David.
" By God's grace, there shaU not a stroak come from the King's
hand, that shaU divert my affection from him." " It is a Puritan
tale," said Saint Andrews ; " ye caU the King your King, but he
must be ruled by you." Aberdeen asked, " May not the King
give his authority that we have, to as many souters and taylors
in Edinburgh, to sit, and see whether ye do your duty or not ?"
" My dechnature answered to that," said Mr David. Then Spotts
wood of St Andrews feU to raUling again. " The devUl," said he,
" wUl do so, wiU draw anew with him, he has Scripture enough."
He caUed Mr David, knave, swingeor, a young lad ; " you might
have been teaching bairns in the school. Thou knowest what
Aristotle saith, but thou hast no theologie." Because he perceaved
Mr David gave him no stUes, but once caUed him " Sir," he gnash
ed his teeth, and said, " Sir, ye might have caUed me ' Lord.'
Long since, when I was in Glasgow, ye caUed me ' Lord ;' but I
cannot tell how you are become a Puritan now." Mr David stood
sUent aU the tyme, and once lifted up his eyes to heaven, which
St Andrews caUed a proud look. At last, Mr David said, " I have
been eight years a Eegent in the CoUedge of Glasgow, and four
years a minister. Those among whom I have lived, know I am
not the man ye call me. Say to my person what you please, by
God's grace, it shall not touch me." " Ay," said St Andrews,
" ye gEry in your sufferings. There are here who wold suffer more
for a good cause, than ye wUl do for an eviU." " No," said Mr
David, " I glory not in my suffering ; but if ye wiU trouble me, I
hope to have peace in my suffering ; as I said to the Bishop of
Glasgow, in his owne gaUerie." St Andrews gave out the sen
tence in these words : " We deprive you of your ministerie at
Irving, and ordaine you to enter in Turreff, in the North, within
twenty days." " The wiU of the Lord be done," saith Mr David ;
" though ye cast me off, yet the Lord will take me up. Send me

302 APOLOGETICAL NARRATION
whither ye please, I hope my master shall go with me ; and as he
hath been with me heretofore, wUl be with me stUl, as with his
owne weak servant." " Sweeth away !" saith St Andrews, as if
he had been speaking to a dogg, " pack, ye swinger !" and cryed
to the door keeper, " Shutt * him out !"
The Bishops were as soon in the streets as the honest men : so
it seemeth they neither began nor ended with prayer. The Pro
curator FiscaU, at whose instance he was summoned, was not pre
sent. He was neither accused nor convicted. They asked not so
much as, " WUl ye obey the Acts of the Assembly ?" but only
raUled, and gave out sentence without mention of any cause.
When they considered the words that had past, they could find
no advantage, but only, that he had said, " He wold obey the King
in the Lord ;" which importeth as much, say they, as [that] the
King commanded not in the Lord.
After that he had continued preaching twenty days, he took
instruments of his readinesse to enter into his journey to Turreff.
But at the Earle of Eghntoun's request, the Bishop of Glasgow
granted him Ucence to come to Eglintoun, where he teached in the
HaU, or the closse, for the space of two months. Then the Bishop
sent him a charge to remove to his waird, upon the 11th of AprUe ;
howbeit the week preceeding he had promised to the ministers of
Glasgow, and forty other ministers, and the Commissioners sent
from Eving, that he should not be hastie in the chargeing him.
In the narrative of the charge, mention was made, that he was
deprived of his ministery within this kingdome ; whereas, in the
sentence they deprived him only of the exercise of his ministerie
at Eving. Where the Bishop in the High Commission had or-
danied him to enter into Turreff, without mention of confyne-
ing of him within the bounds of that viUage ; in the charge, he
was discharged to passe out of the bounds thereof. So being
charged, he addresseth himself to Turreff, in obedience to the
civill part.
Mr George Dumbar, minister at Air, after the reading of the
* Shtitt or shoot, push.

OF THE STATE OF THE KIRK. 303
summonds, which threatened deprivation, and that some words
had past concerning conformity, he gave in a Dechnature. The
Bishop raged, and aUedged he had denyed the King's authority,
and made a shew to caU for the Provest and baiUies to putt him
in closse prison. St Andrews aUedged, Father Anderson, the
Jesuite, was a better subject, and caUed aU the Puritans of Scot
land " hers." Mr George answered, " We disclame not the
King's authority ; we appeaU to the authority established by the
King and the lawes of the realme, which, in aU humility, we wiU
obey either actively or passively." They proceed, notwithstand
ing, to the sentence of deprivation, and ordained him to be con
fyned in Dumfries.
The Dechnature given in severaUy by Mr David Dickson and
him here foUoweth : —
" Forasmuch as the AssembUes of this Kirk standing in force,
and ratified by the lawes of this kingdome, have respectively, and
properly belonging to them only, lawfuU power and Uberty to try,
admitt, and ordaine quahfied persons to the service of the minis
terie ; and to suspend and remove from the same such as shall
happen to be found guUtie and insufficient; and to exerce the
whole jurisdiction and discipUne of the Kirk, according to the
order estabhshed : By virtue whereof, and by reason of the so
lemne oath of God, astricting, the whole kingdome, and especiaUy
the ministrie thereunto, the lawfuU GeneraU and ProvinciaU Assem
bhes, and Presbyteries, have lawfuU power and liberty in matters
of admission and deprivation, to or from ecclesiasticaU functions :
Nevertheless we have receaved the coppie of a lybeU, whereby we
are summoned to answer at your instance, in a cause of depriva
tion, contrary to the privUedges and Uberties of the Kirk, lawes
of the countrey, and commendable course and practice hitherto
observed within this Kirk and kingdome. Herefore we most
earnestly and humbly desyre you, that ye wold wisely consider
and cease to trouble us with such commandments as may intend
prejudice, or prove hurtfuU, to the Kirk and kingdome of Christ
within this realme : Otherwayes, for the obliged respect and dutie

304 APOLOGETICAL NARRATION
we carry to the Kirk, and lawfuU Assemblies thereof, we wUl be
forced to declyne you, as judges no wayes competent in the cause
lybeUed. Likeas, we being most wUling to eschew the meanest
degree and imputation of contempt, have disposed ourselves to
come in your presence, to declare unto you the necessity of our
subjection to the judges and judicatories above specified ; and in
that respect to testify our declyning from you, as incompetent
judges in the cause lybeUed. And by these presents, we simpli
citer declyne you, offering ourselves most wiUingly to a lawfuU
and ordinary judgment, appointed and estabhshed by the Lawes
of our kingdome, concerning us and our affairs, and that for
the reasons foUowing, and others to be aUedged in tyme and
place : —
" 1. Because the right of tryall, cognition, and giving of sentence
in the cause expressed in the lybeU, standeth in the power and
priviledge of the lawfull Assemblies respective above written, which
by no law nor canon of the Kirk as yet extant are canceUed, an-
nuUed, or declared expyred, much lesse translated or devolved in
your persons, to try, cognosce, appoint punishments, and execute
sentence at your pleasure.
" 2. Because this forme of judicatorie is mixed of civill and ec-<
clesiasticaU persons, for the inflicting of civiU and ecclesiasticaU
censures upon the parties conveened before you, to the prejudice of
that distinction, which should be betwixt civill and ecclesiasticaU
judicatories, according to the Word of God, and estabhshed order
in this kingdome ; whereby it is out of aU question, that no civiU
person can sitt and cognosce upon the deprivation of a minister :
As also, that no minister or ecclesiasticaU person may inflict any
civill punishment, nor yet any such ecclesiasticaU censures as be
long to a whole Assembly, much lesse in their owne names libel
edicts, summon parties, impose dyets of compearance, lead pro
cesse, give out sentences, not only indifferent, but, in many re
spects, contrarie to the formes of proceedings receaved and prac
tised in the Kirk's affairs, as the lybeU whereby we are summoned
importeth."

OF THE STATE OF THE KTRK. 305
Mr George Johnstoun, minister at Ancrum, was cited to com
pear at the same tyme. He sent his excuse that he was not able
to travell by reason of the infirmity of his body, and the present
storme. He was summoned again to compear the 28th of June,
for not preaching to the people upon Christmasse day, &c, and
not ministring the Communion according to the form prescrived in
Perth Assembly. He again excused himself with the infirmitie of
his body, and an accustomed fever which followed after his travell
in the free air, with other miseries foUowing old age. * In the post
script he has these words : " Ingerere violentiam naturae odiosum est.
Pueritia apud omnes meretur favorem, commiserationem senectus.
Calumniatorem oderis." By the calumniator he meant Mr John
Abernethie, Bishop of Cathnesse, a diocie in the North, but con
tinuing stiff minister of Jedburgh, a burgh in the South, who
carryed an inveterate malice against him. Bishop Spottiswood
Bishop Law, Bishop Lamb, the Bishop of Rosse, the Bishop of
Aberdeen and the Bishop of Caithnesse, decerned the old man, who
was at the seventy-third year of age, and had been full fiftie years
a minister, to be deprived of all function in the ministery, and to
be confyned in Annandale during the King's pleasure. He con
tinued, notwithstanding, preaching every Lord's Day, not knowing
that they had deprived him, tUl they intruded not long after a
young man in his place, vacant by his deprivation.
Mr Andrew Duncan sent this letter following, dated the 23d of
¦October 1622, to the Bishop of St Andrews : —
" My Lord, — It might be supponed, that seeing I have been so
many years under censure of banishment and imprisonment, I might
now at last, in my old dayes, look for some pitie and ease, and so
much the rather, in respect that favour is now extended to the
enemies of the trueth and the Estate, commandment being given
out to set them at large out of their wairds and prisons. We that
are Christ's servants and ministers then, might be worthUy blamed,
* George Johnstone was admitted minister of Ancrum, in Nov. 1572. (Register of
Ministers, p. 41.) See also the List of Ministers, 1574, in the Miscellany of the Wod
row Society, vol. i.. p. 375.

306 APOLOGETICAL NARRATION
if we expected lesse than these have already obtained. I must now
at last, therefore, request that it wold please you not to trouble me,
although I go and serve my Master in that caUing he has set me
in. King Adonibezeck's judgment should affray mercUesse souls.
HaU binks are slidderie you know, and earthly courts are kittle ;
and King's minions are sett upon high skelfs, but slipperie and
dangerous. I have seen one right high, mounted in your roome *
and course, that got a fouU and shamfuUe faU. Pitie your poor soul,
and look up to Him that can do this, to the Mightiest. I beseech
you remember you have overthrown my poor estate ; but what reck
of that ? you have hindered God's work to be done in many places.
The Lord of heaven give you remorse. I beseech you, as you
tender your owne salvation, play no more the burrioe t upon your
brethren : that is the devU's part. Eeturne, amend, and disappoint
many. If you pertain to God, these lynes wUl do you no evU.
God make you seek mercie and mend.
Yours to be commanded in aU good,
Andrew Duncan,
Minister of Christ Jesus at CraiU."
" Anstruther, 23d of October 1622.
I beseech you for an answer with the bearer."
The hard-hearted Bishop wrote this answer at the end of the ¦
letter :—
" Brother, — I am sorry to see you insist in your follies. Our
Kirk has no need of such spirits, especially at this tyme. You shall
do weU to be quyet, lest you faU in the hands of worse burrioes than '
I have been. I minde to die without remorse, for any thought or;
deed I have ever had or kythed to you, or any of the brethren. I
returne you your owne letter to feed upon. FareweeU."
Mr Robert Boyd, who had been many years a Professor of
Theologie, and a preacher at Salmure in France, and after his re- ,
turne a Professor and PrincipaU in the CoUedge of Glasgow, was i
* An evident allusion to Adamson, Archbishop of St Andrews.
f Burrio, an executioner.

OF THE STATE OF THE KIRK. 307
admitted PrincipaU in the CoUedge of Edinburgh, in October 1622.
The ministers of Edinburgh envyed him for his non-conformity,
and the applause he had for his gifts, both in pulpits and schooUs.
Bishop Spottiswood, at a conference with the ministers of Edin
burgh, commending them for the harmony that was among them,
(meaning their uniformity in conformity,) one of their number, Mr
Andrew Ramsay, answered, " But there is one string out of tune."
The Provost, BaiUies and Counsell of the towne were chaUenged in
December, by a letter from the King for admitting him, and were
commanded to remove him if he conformed not. They entreated a
courteour to deall for him ; but the King, upon the last of January
1623, commanded them of new, to remove him, his wife and family
out of the towne, unlesse he conformed totally. The King was not
content that he was removed from his office, unlesse he were also
removed out of the towne. So he was forced to quyt his pkce,
and took his leave.
Upon the 23d of March 1624, the Counsell, Session and remanent
citizens of the town of Edinburgh, convened according to the
ancient custome, observed amongst them since the Reformation to
remove jars and eyelists, before the receaving of the Communion.
The ministers removed themselves according to the custome, that
if any of the people had any thing to object against them, they
might utter their mynds freely. John Dickson, merchant, aUedg
ed, that Mr WiUiam Forbesse, * affirmed in his doctrine that we
and the Papists may be easily reconciled in many of the heads
controverted betwixt us and them. John Fleeming, merchant,
added, that he affirmed the Papists and we might be easily re
conciled in many of the heads controverted, but especiaUy in
the head of justification. David Aikenhead and Mr John Hay,
the town-clerk, aUedged the place was impertinent to challenge
them for their doctrine. James Cathkine, merchant and stationer,
insisted that the order should be observed ; that which was deliver
ed pubhckly requyred a publick admonition. They usurped not
* Forbes was one of the Ministers of Edinburgh ; and became first Bishop of the newly
erected See of Edinburgh in 1633, but he died within three months of his nomination.
u2

308 APOLOGETICAL NARRATION
the power of jurisdiction over them, but only craved satisfaction
for removing of offence. John Hamilton, apothecarie, desyred the
judgment of the rest of the ministers might be had. This ad
vice was followed and the rest were caUed in. They were not a
little displeased that they were holden so long at the door. It was
told them, what exception was taken at Mr WiUiam Forbesse doc
trine, and their advice was craved how to deaU in it. The honest
men looked for their assistance, but they took it for a common
cause ; touch one and touch aU ; the people had no power to judge
of their doctrine. It was answered by the honest men, They were "
bound to try the spirits ; Christ's sheep should not foUow the voice
of strangers : they took not upon them to censure, but only craved
their judgment how the matter should be tryed, and the person, if
found guilty, censured. But the honest men could obtaine no good
answer; such was their pryde and despite that any of their number
should be caUed in question.
Then they went to another purpose. James Cathkine and
John Mein, merchants, desyred the Communion might be cele
brate after the old manner, that they might communicate alto
gether in love ; and so the rent may be healed. But nothing
could be obtained of the ministers but quarrelling, because they
did not first admonish Mr Forbesse privately ; whereunto an
swer was made as before.
The ministers, especiaUy Mr WUUam Forbesse and Mr Thomas
Sydserfe, were vehement in their invectives against the people.
Mr Struther, in a letter sent to the Bishop of St Andrews, laid
the blame upon him, if they were trod under foot by the people.
The rest of the ministers in their general letter to the Bishop,
requested him to purchase from the King their dimission out of
Edinburgh. This request imported a grievous complaint. In the
mean tyme they never chaUenged Mr WUUam Forbesse for his
corrupt doctrine, nor craved tryaU before the Presbytry or Synod,
whereby they bewrayed great corruption.
Upon the last of Aprile, William Rigg, baUlie, John Dickson, '¦
John Hamilton, Joseph Miller, advocat, John Mein, and William

OF THE STATE OF THE KIRK. 309
Simpson, merchants, were charged every one of them severaUy
by a macer to compear before the Lords of CounseU, — so many as
the King had selected for their tryaU. Every one of them was
examined severally, and answered plainly and simply as the
matter passed. The Bishop of St Andrews had a minute of
interrogatories for every one that was to be examined, furnished,
no doubt, by the ministers of Edinburgh, who understood best
how to examine every one of them particularly. Because they
had not receaved any libeUed summonds, they were the readier
to depone every one what was their own part. None of the
Magistrates or Town CounseU who were ear-witnesses could im
prove any thing they deponed. WUliam Rigg confessed more
than he needed, forgetting that others had proponed the question
concerning the celebration, because he was of that mynd himself.
Upon the 7th of June 1624, the King directed the above-named
CounseUors to deprive William Rigg of his office, to fyne him
in 50,000 pounds, to waird his person in Blacknesse Castle tiU the
Bourne were payed, and after to confyne him in Orkney. When
the Lords began to apprehend whereto such a preparative might
tend, they thought good to bring the matter before the fuU Coun
sell ; so they were all cited, except Joseph Millar, spared at the
intercession of some friends, to compear before the Counsell the
10th of June. To prevent the sentence, WUliam Rigg caused the
Clerk to forme a biU, wherein he referred himself to the testimony
of the ministers themselves, and others, who were present at that
meeting, whether he uttered that which he had confessed doubt-
ingly before. Whereupon the King's direction was mitigate upon
the 10th of June, and he was ordained only to keep his owne
house. In the mean tyme they absolve him from that for which
the King wold have them to proceed against him to the rigor.
John Dickson and WiUiam Sympson were ordained to enter in the
jaill of Edinburgh ; John Mein within the towne of Elgine ; John
HamUton within the town of Aberdeen ; for ryot and misdemean
our, forsooth ! at that meeting, upon Tuesday the 23d of March.
There behoved to be some colour.

310 APOLOGETICAL NARRATION
Upon a complaint made by the Ministers of Edinburgh, that they
could have no peace with the people, so long as other ministers;
especiaUy the deprived and silenced, resorted to the towne, and
keept " private conventicles," as they called them ; a charge waa
given and published, that none meet and conveen in any private
house or place, to any preaching, exhortation, or any such rehgious
exercises, except those of the familie, or their friends resorting to
eat and lodge within the same ; that they attempt not to impugne,
by discourse or disputation, by word or writ, the true rehgion or
lawfuU discipUne of the Kirk, approved and authorized by the
lawes ; or slander his Majesty by false suggestions, as if he perse
cuted the professors of the true religion. By the narrative of the
charge it appeareth that it was penned by the Bishop of St An
drews ; for it was aUedged, in the narrative, that those who con
veened abstained from hearing the Word preached ; that their
private meetings were many tymes at the ordinary hours, when
their owne pastors were preaching in their parish kirk ; that they
assumed to their conventions the name of Congregation ; of which
imputations they might have easily cleared themselves.
The King rebuked the Lords of Secret CounseU for their lenity
towards the citizens cited before them ; commanded them to put
in execution his wiU, and yet again to committ WUliam Rigg to
Blacknesse, and to deprive him of his office. Some of them dealt
with the ministers of Edinburgh to entreat the CounseU and the
Bishops for them, but could obtain nothing of them but a generaU
and fecldesse letter to the Bishop, because they wold not promise
to communicat with them. They had great reason to refuse, be
cause aU the professors within the Kirk of Scotland were bound,
by the Confession of Faith, to maintaine the order of administrar
tion which was receaved in this Kirk, when the Confession of
Faith was first subscribed, and was stiU practised by two parts, at
the least, of the congregations of Scotland, still opponeing to these
novations. Upon the 2d of July 1624, the Lords of Secret Counsell, to give
the King contentment, directed a charge to William Rigg to

OF THE STATE OF THE KIRK. 311
enter his person in waird in the. Castle of Blacknesse, deprived
him of his office of BaUharie of Edinburgh, and declared him inca
pable hereafter of any office within the towne ; which was a mat
ter that touched the Uberties of the towne. John Dickson was
deprived of the office of an elder ; WUUam Sympson of the office
of a deacon ; and both declared incapable of these or any other
offices in tyme coming ; and were ordained to enter in the jaUl of
Edinburgh. John Mein was charged to enter in Elgine of Mur
ray, the place of his confynement. John Hamilton obtained pro
rogations of his Confynement three sundry tymes. The King stUl
insisted upon the fyne of 50,000 pounds to be laid upon WUUam
Rigg, because he was informed that he was the chiefe ringleader
of the non-conformitants in Edinburgh, and that he contributed
liberaUy to the printing of books. John HamUton was fyned,
likewise, in 20,000 merks, but the CounseU was loath to exact the
fynes. The Ministers of Edinburgh wrought continually upon John
Dickson and WiUiam Sympson, whUe they were in the jayle, tUl
they obtained their promise to communicate ; yet was not John
Dickson set at liberty tiU he feU sick, and then was suffered only
to keep his owne house.
A charge was proclaimed at the Crosse of Edinburgh, upon the
2d of August, that the Communion be celebrated in all the kirks
of Edinburgh at Christmasse next, and that aU persons, as well of
the Privie CounseU, Session, Magistrates of Edinburgh, as others
of the Commonalitie, be present, and communicate kneeUing, with
certification that his Majesty wold remove the Session, and all
other Courts of Justice out of the said burgh. The wairding and
confyneing of the persons above named ; imposing great fynes upon
some of them ; the fear of removaU of the Session, made the King
conceave that all, some few excepted, wold conforme, and, if Edin
burgh yeelded, [that] the rest of the countrey wold foUow their ex
ample. Yet the number that resolved to stand out was greater
than the King or his informers did apprehend.
It was ordained in the CounseU, upon the 20th of September,

312 APOLOGETICAL NARRATION
That all burghs should be charged by proclamation to choose con
forme men, or such as wold grant to conforme, to be Magistrates,
under the pain of incurring the King's high displeasure.
John Hamilton and John Dickson were ordained, the first to
enter, the other to re-enter, their persons in the jayle of Edin
burgh, conforme to a letter directed from the King, but by in
formation and advice, no doubt, of the Bishops and ministers here
at home. Christmasse approaching, it behoved some to be made
an example, to strick a terror in the hearts of others.
While these means were used for preparing the way for Christ-
maese Communion, the pest breaketh up, upon the 28th of No
vember, in sundry houses in Edinburgh, to the great terror of the
whole towne. The Lords of CounseU and Session meeting togither
upon the last of November, resolved to rise, and continue the Ses
sion till the 8th of January. So the Christmasse Communion was
not celebrated. John HamUton and John Dickson, after they had
been detained nineteen dayes in the jayle, were, upon their sup
plication, suffered to attend upon their famUies in the tyme of the
plague ; and John Mein returned from Elgin to visit his famihe,
about the beginning of January 1625. WiUiam Rigg, after he
had been detained in waird in the Castle of Blacknesse half a
year, obtained liberty to repaire to his owne house two myles dis
tant from Edinburgh, to attend upon his owne affairs for the space
of forty dayes, because of the pest. But before the forty dayes
expyred, it pleased the Counsell to confyne him in his owne house
in Fife.
The King, being disappointed of Christmasse Communion,
through the breaking up of the pest, resolved to have the Com
munion celebrated at Easter, in Edinburgh, according to the Act
of Perth, with great solemnitie.
Upon the 8th of January, the Lords of Session sat downe to
keep Session, and so continued, tUl one of the Senators of the
Colledge of Justice his servants fell sick, which the Senator him
selfe apprehended to be the pest. But it was thought the advo
cates were idle, because the subjects resorted not to the burgh

OF THE STATE OF THE KIRK. 313
for fear of infection, and, therefore, were wUling to take hold of
any occasion to depart off the towne.
Upon the 6th of March, sure report was brought hither from
Court of the Marquesse of HamUton's death. Upon the last of
March, sure report was brought from Court, that King James had
departed this life at Theobalds, upon the 27th of March. So, the
Communion, which was to be celebrated within fourteen days after,
that is, at Easter, was not celebrated with that solemnity which
was intended. John Hamilton, and John Mein, had been ordain
ed to enter into their confines ; but the death of the King inter-
veening betwixt and ' the tyme that they should have entered,
stayed, and so an end was put to their trouble at this tyme.
WUliam Eigg was relieved of the fear he had of his fyne. John
Dickson was set at hbertie, and communicate with the kneeUers,
but at his departure had great remorse.
We were put in some esperance that King Charles wold re
dresse whatsoever enormities were committed in the government
of the Kirk, and hearken to our grievances ; but we found no alte
ration. The course of Conformity continued and advanced.
In AprUe foUowing, after his Father's death, he wiUed the Bishop
of St Andrews to go on in that good course wherein his Father
had set him. He advertised his brethren, the remanent Bishops,
to do the like, and to certify them, that it is his speciaU wUl to
have the order and lawes which were established concerning
Church matters to be obeyed, as was decerned by his Father.
Howbeit the Bishops shewed his letter to sundry, yet, because it
was private, it was not thought sufficient to work dispair in the
hearts of zealous professors. A publict Declaration of the King's
wiU was thought requisit.
Therefore, upon the first of August nixt following, it was
declared, by publict proclamation at the Crosse, " That whereas,
some disconforme and averse persons from the present govern
ment of the Kirk, and contemners of his authority, by trans
gressing the orders established by Acts of Parliament, have
travelled to pcrswade sundry subjects, that he intended to make

314 APOLOGETICAL NARRATION
some alteration of the Kirk government, and Canons thereof,
happily established by his dearest Father, and that he minded not
any more to urge the observation of Acts concluded at Perth, and
ratified in Parliament, to the intent, that all such false and foolish
rumors may be suppressed, and the growth and progresse thereof
may be prevented ; that he was so farr from any purpose of inno
vation of the government of the Kirk, so happUy estabhshed by
his dearest Father, that if the same had not been already deter
mined, he wold, with aU his care, have advanced the same, as
knowing it to be the only best government whereby a Christian
Kirk can be weU ruled in monarchies and kingdomes ; and that
he is resolved, so farr as the lawes do aUow, to punish any person
that dare seek to disturbe the peace of rehgion or present govern
ment." In September foUowing, a direction was sent downe from the
King to the CounseU of Edinburgh, that none be chosen magis
trates, but such as were conforme. By this means, a faction, of
conformitants in Edinburgh engrossed the government of the town
in their own hands, or rather a faction of some few, taking the
advantage against others worthier than themselves for their non
es o
conformity. There was likewise a direction, that the former De
claration should be printed, and copies thereof affixed upon the
Crosse, the Kirk doors and other places, that none pretend igno
rance ; which, notwithstanding, was not execute, nor yet needful,.
for his mynd was sufficiently known. Lords of CounseU, Lords
of Session, Advocates and Clerks, were charged in the King's
name, 26th July 1629, to communicat in the ChappeU. They were
not bound by law, seeing it was not their paroch kirks. Nixt,
howbeit the Communion had been celebrate without offence, yet
they were not bound, neither ought they to have communicate in
the ChappeU, in respect of other novations brought in without a
law : and in that case they were not bound to communicate in their
owne paroch kirks. Howbeit the Communion were celebrate in the
purest forme, yet obedience was not given, but only by some
few scandalous persons, that cared not what novation they coun-

OF THE STATE OF THE KIRK. 315
tenance, nor regard that woe the Lord hath pronounced against
those that offend his Uttle ones. They offend thousands, and are
ringleaders to a generaU defection.
The Bishops and such of the Ministers as it pleased them to call
for, consulted, from tyme to tyme, upon the Kirk rents and minis
ters' stipends. Now, whereas the revocation for settling of the
tithes was in hands, they complained to the ministers, that some
noblemen wold have had the titles to benefices abohshed, as if by
that means the Kirk wold have been undone. Therefore, some
Bishops and some Ministers behoved to be sent up to his Majesty,
to lay out the case to him ; and those Commissioners they called,
The Commissioners of the Kirk, or, The Clergie ; whereas, they
were neither Commissioners for the Kirk, nor for the whole Clergie,
but for themselves, and such as had more care for the belly and the
bannock, than of the purity of reUgion. We know the service of
God should be entertained, and sufficient maintenance provided for
such as serve in the Kirk of God ; but we wish that the titles of
benefices of Bishops, Abbotts, Priorsj Provosts, Deans, Subdeans,
Prebenders, Chanters, Subchanters, Parsons, Vicars, &c. were
abolished ; for they are but as lures to hawkes, aUurements to un
clean birds to seek to their old nests again. What reason is there
that the minister of one Kirk should be stipendiarie, the minister
of another titular to a benefice ? TiU Bishops that are but bastard
office-bearers, and, for the present, plain usurpers, and all other
idle and unnecessary office-bearers, be stripped naked of lands, pos
sessions, tithes and other kirk rents, parsons and viccars brought
within the compasse of proportionable stipends, conforme to the
estate and condition of other ministers, there cannot be right order
taken for providing mantainance sufficient for the necessary office
bearers. Farther, it was great presumption in the ministers meet
ing with the Bishops to take upon them that which belonged to a
General Assembly ; but the Bishops, unwUling to hear of Generall
Assemblies, and lest the necessity of them should be seen, used
these promiscuous and confused meetings, as if they had been
equivalent to the GeneraU AssembUes, whenas they were nothing

316 APOLOGETICAL NARRATION
like. By sending up Commissioners, partly Bishops, partly minis
ters, they wold insinuate to the King, that there was great har
mony betwixt them and the ministers, and [that] the petitions
proceeded not from them alone, but from the whole Clergie or the
Kirk ; yet, when they were seeking coUection among the ministe
rie, for defraying the charges of their Commissioners, they were
not answered according to their mind and expectation, notwith
standing of their pretences, that they were sent with articles
against Papists, and for mantenance of ministers ; for the better
sort of the ministrie deemed, and not without just cause, that the
Bishops, by that means, were entertaining agents at Court for their
owne standing and the advancement of the course of Conformity ;
which might have been gathered by sundry directions from Court,
after the return of their Commissioners.
At last they gave free hbertie to the Presbyteries to send one or
two Commissioners of their owne choise, as they pleased to convene
with them. Whereupon the Presbyteries sent one or two Commis
sioners from aU quarters, except out of the North, who conveened
with the Bishop of Rosse in [Edinburgh,] 1628. The Archbishops
absented themselves, that, in case matters succeeded not according
to their wish, they might disapprove the meeting ; and so they did
after tlieir dissolving. The sincerer sort of the ministery declared
plainly, that they wold not acknowledge that meeting for an
Assembly, ordinar or extraordinary. Mr Robert Scot, minister at
Glasgow, was chosen by the ministers opposit to the present
course, to be Commissioner for them to Court ; Mr Patrick
Lindsay, Bishop of Rosse, for the conformitants. The articles
agreed upon were, 1. To deall for a lawfuU mantenance of the
ministry and plantation of kirks. 2. That petition be made for
a lawfuU GeneraU Assembly. 3. That petition be made for the
ministers banished, deposed, and confyned, that they may be
restored to their places, to the end they may be present if chosen
Commissioners at that Assembly. 4. That none be troubled in
tlieir ministerie for non-conformity, nor intrants with subscriptions
to articles tUl that Assembly. 5. That any brother, Presbyterie,

OF THE STATE OF THE KIRK. 317
or society whatsoever, of the ministery, desirous to send up a
petition or grievance to his Majesty,- deliver the same to these
Commissioners, under their hand, which they promised faith-
fuUy to delyver to his Majesty. It was agreed, that twenty shil
lings should be taken off every hunder merks or chalder of victuall
of every Bishop's rent or minister's stipends within the kingdome,
for a year, to defray their charges.
The sincerer sort wold rather have had Mr Alexander Hender
son, minister at Leuchers, to be their Commissioner ; but, by
the promiscuous voting, the burden was laid upon the other.
Yet the Bishops were not content with these articles, and seemed
to be offended with the Bishop of Rosse. Rosse went up to
Court without bis conjunct Commissioner, and dealt as he pleased
in Kirk affairs, or as he was directed by his feUows, the rest of
the Bishops. The ministers were urged, notwithstanding, to
pay the contribution, as if aU things had been performed ac
cording to agreement. To move them, the Bishop of St Andrews,
in his missives written to the Presbyteries of Fife, Angus, Strath-
ern, &c, had these words, " If ye knew, or wold believe those
that knew, his attendance at that tyme for the Church in Court,
did more than we are able to requyt ; for, had the adversaries
prevaiUed in their designes at that tyme, we should not have
knowne where now to find ourselves." How wold these words
have been taken if a non-conform minister had written them? Yet
many of the ministerie denyed the contribution.
What was the negotiation of the Commissioners sent up by
them to Court, and how the ministery was abused who contributed
to their charges, may be coUected out of the Instructions presented
by Mr John MaxweU to the Bishops, the 15th of January 1630.
instructions for the clergie of scotland entrusted to
mr john maxwell their commissioned
Charles Rex.
" That they use the Marquesse of Huntly, and the Earles of
Ano-us, Nithsdale, Abercorne with discretion, endeavouring by

318 APOLOGETICAL NARRATION
fair means to reclame them to the professed rehgion, and not to
processe them tiU first his Majesty be acquainted therewith.
If any of them give any offence by their insolent carriage or
contempt, that his Majesty be acquanted therewith, who wiU not
suffer the least wrong nor contempt of that kind.
" That the Archbishop of St Andrews consider of the deduction
of the processe of excommunication against one Patrick Dickson,
servant to the Earle of Angus, seeing his Majesty is informed that
the processe is not lawfully deduced.
" That Noblemen's wives who are Popishly affected, be not ex-
communicat, providing always that their husbands be answerable
to the CounseU and Clergie, that they shaU not receive Jesuites,
or [Papists in their company,] or be served with such ; and that
their Edies shaU give no publick scandaU, but admitt conference
with such as, by the Church/ shall be appointed for that effect.
" Given at his Majestie's Court of WhitehaU, 6th of
November 1629.
W. Alexander."
One of the Bishops said to such as he pleased, that he had seen
the day when there was not a minister in Scotland durst, for his
hanging, bring downe such articles ; but he spoke only hke a coun
terfeit ; for, within half a year after, he, with the first, directed the
same man to Court, and entrusted him with their affaires. He
was knowne to be Popish, and they knew very weU he had great
credit with Bishop Laud, by whose moyen he was preferred after
ward to the Bishoprick of Rosse.
When the celebration of the Communion was approaching in
Edinburgh, at Easter 1628, motion was made by some of the
four Sessions, that it might be celebrate, as it was wont to be cele
brate before Perth Assembly ; whereupon the ministers entered in '
capitulation with some of their flock most averse from conformity
to the new guise. They craved yeelding in some points, and of- j
fered them liberty to sitt or stand, and take out of the minister's
hand ; which they offered before. But the people refused to makQ

OF THE STATE OF THE KIRK. 319
any bargain or composition in the matters of God. They wold not
quyt the distribution among themselves, lett be countenance the
kneeUers in the act of kneeUing. And, therefore, Mr Struther
acknowledged there could be no sound peace or heahng of the
rent, tUl the least scruple or hair were sweeped to the door. In
end, they were content to send up a Supplication to the King for a
dispensation and liberty to celebrate after the wonted forme. But
it was thought meeter by the honest citizens, with whom they
dealt, and by many others also, first to celebrate after the old
form, and, thereafter, if his Majesty were offended to entreat
his favour, — for their supplication would but irritate his Majesty ;
that they should seek a dispensation with his lawes : but the minis
ters assured them, that they knew a remedy which wold ding out
the bottome of it, in case his Majesty send down a harsh answer.
The remedy was to lay downe their ministery ; which they never
intended. It came to passe, as was deemed by such as were judicious,
that the King sent downe a harsh answer, rebuking, or rather
threatening them for such a supphcation. It was thought the
ministers had taken this course not of sincerity, but to lay the
blame and burden upon the King. They stayed for that year
from the celebration of the Communion, because the people were
incensed, being disappointed of their hopes. In their supplication
they present to his Majesty the lamentable face of the Kirk of
Edinburgh, where they were pastors ; that many thousands of
their flock do not communicate with them, and of such as do com
municate few do kneeU ; that, notwithstanding of their lenitie
and discretion to quench the fyre of that schisme, they find it
more and more augmented, — so that it is impossible for them any
longer to endure these combustions : And, therefore, they desyred
his Majesty wold dispense with their obedience to the act of
kneeUing, that they may condescend to the weaknesse of their
flock, and so may have a comfortable and fruitfuU ministerie in
communicating with so good and peaceable a people, who (except
this particular) are disposed for all loyaUty and dutifulnesse.

320 APOLOGETICAL NARRATION
This supplication was dated and subscribed by all the ministers of
Edinburgh, upon the 3d of Aprile 1628.
In their instructions given to the bearer and presenter, a
worthy gentleman, Mr William Livingstoun, * they desyre him to
represent to his Majesty, that yearly they find fewer communi
cants, and of the communicants fewer conforme themselves in
kneehng ; which was an argument of a growing and not of a de
caying division. E his Majesty object that possibly lenity is
the cause why so many withdrew themselves from their Com
munion, to informe him, that their great number procured their
immunity. Among other pitifuU effects of the schisme, to in
forme his Majesty, that these are most manifest, 1. Pastor
pubhckly enveigheth against pastor, and people carry mutuaU
grudge and hatred against other, whereby their doctrine is made
fruitlesse. 2. Atheists increase, thinking aU religion to be no
thing but a matter of changeable opinion and indifferencie.
3. Papists seeing us in that gesture, having some externaU sym
bolizing -with them, are thereby confirmed in their errors, as
though our practice were an approaching to them, and an in-
gresse to their idolatrie and bread-worship. Mr Sydserff, after he
had subscribed, thought he had overseen himselfe, and wished
this third point had been omitted ; which he bewrayed by the
scraping with his naiU. In end, they desyre the presenter, in
case his Majesty take hardly with their supphcation, to represent
to his Majesty, in aU humility, what wiU be the dangerous estate
of their Kirk, if their supphcation shaU work trouble to weak
ones instead of peace.
That which was feared came to passe ; and the nixt year they
returned to their former course, and some of them became more
violent than before, namely, Mr Thomas Sydserff, Mr John Max
well, Mr David MitcheU, f who were Popishly affected, and spared
* Minister of Lanark.
t All three, in the course of time, were advanced to EpiscopaU dignities ; Thomas
Sydserff became Bishop of Galloway in 1634 ; Dr John Maxwell, Bishop of Boss
in 1633 ; and David Mitchell, (but not till after the Restoration of Charles,)
Bishop of Aberdeen.

OF THE STATE OF THE KIRK. 321
not to vent Arminianisme and Poperie pubhckly in the pulpits,
and indirectly to carp at the doctrine delivered by their colleague,
Mr WUliam Struther. Whereupon Mr WiUiam relented in that
wherein they were most vehement, that is, the urgeing of the
Ceremonies and the people to communicate ; perceaving that the
intention of those Popish preachers was to increase the schisme,
to augment the fyre, and put aU in a combustion, that they might,
with the greater ease and Uberty, vent their erroneous doctrine,
and seduce the people : yet wUlingly wold he have embraced a
fatt Bishoprick at that very time.

GIVEN IN BY SOME IN THEIR NAME TO HIS MAJESTY, OR TO
THE ESTATES.
Soon after King Charles had entered mto his reigne, some
ministers, fearing that his declaration proceeded from misinforma
tion, and not from his owne disposition, were carefuU to have him
rightly informed of the lamentable estate of our Kirk ; and em
ployed such as had great credit to present these Grievances follow
ing, or the hke, at sundry occasions, not differing in substance : —
" His Majestie's most loveing and loyaU Subjects, the Pastors and
other Professors within his Highnesse's Kingdome of Scotland,
are heavUy Grieved, —
" That some Pastors, after commission granted to ministers to
vote in ParUament in the name of the Kirk, not without opposi
tion of the better sort, fearing EpiscopaU tyrranny to ensue
thereupon, as it was offered, have violently violated the Cautions
or conditions prescribed by the GeneraU Assembly, to keep the
Commissioner votter in Parliament from corruption. The Ca
veats are these foUowing, for their entrie : That the GeneraU
Assembly should present to his Majestie six ministers, out of
which number his Majesty might make choice of one to any
vacant place ; and so forth, as ye have them set downe before.
x

322 APOLOGETICAL NARRATION
" That, notwithstanding of these Caveats, they rested not till
the name of Commissioners was changed with a higher title ; and
they styled Lords, one of Orkney, another of Murray, the third of
Caithnesse, and so forth.
" That to obtain ratification and consent of other Estates in
Parliament, they consented to the erection of Abbacies and Prio
ries in TemporaU Lordships ; and so not only the rent of the
Crowne, so farr as it was aided by the coUectorie, is impared,
Kirks and SchooUs impoverished, but also place to vote in Parha
ment, in name of the Kirk, made void to a number ; for it was
appointed that there should be fifty-one nunisters votters in Par
liament, according to the number of Abbots, Priors, and Bishops
of old.
" That they procured that the GeneraU AssembUes, which before
were holden yearly, should be prorogate from tyme to tyme, tUl at
last, no definite tyme being indicted, the hberty granted by the
laws may be frustrated, and made void in tyme comeing, lest they
should be made countable for the breaches of the Caveats made,
or to be made.
" That not being content with the titles and benefices of Bishop
ricks, they encroached, against their own protestations, promise,
and the Caveats foresaid, upon the jurisdiction ecclesiasticaU ; first,
in acquyring at a Convention of ministers, not authorized with
commission from Presbyteries, a perpetuaU precedencie, or mode-
ratorship in the Presbyteries where they were ministers ; nixt, in
usurping perpetuaU precedencie in SynodaU AssembUes; and,
thirdly, in accepting, or, rather, procuring power and commission
from his Majestie against their owne promise to fyne, confyne,
decerne upon suspension, deposition, deprivation of ministers, and
excommunication of whatsoever subjects.
" That when they were come to be Lords in Parliament, Coun
seU, and Convention of Estates, Barrons, and SpirituaU Lords,
Patrons of Benefices, Moderators of Presbyteries, Commissioners
in the High Commission, they procured an Assembly to be con
vocat, which neither was nor could be free, in respect of this their

OF THE STATE OF THE KIRK. 323
grandeour : and, in this Assembly, (the worthiest of the ministerie
being either confyned or banished,) they obtained that Presbyteries
might not execute the censures of the Kirk, admitt or deprive
ministers without their consent; that neither Presbyteries nor
Synods might choose Moderators but such as they should unpose ;
that Synods should not assemble but when it pleased them to ap
point. " That howbeit that AssembUes, convocated and dressed at their
owne pleasure, had no intention to admitt them to the office of a
Bishop, yet they, not being content with this alterable power com
mitted to them by that Assembly, sent some of their number to
EngEnd, to be consecrat to the very office of a Bishop, which had
been before damned by our Kirk, that by vertue of that office, and
not by any power derived from the Assembly, they might exerce
what was granted unto them. These being consecrat, consecrated
the rest.
" That being thus consecrated, they deserted their owne par
ticular flocks, and have ever since exercised, not only that power
which was, by fraud and terror, acquyred at that their own As
sembly, but also a plenarie power and charge over the whole
diocie. " That hereupon they grant liberty to solemnize marriages with
out asking of banns ; they urge intrants to the ministerie to sub-
scrive seven dangerous articles which were never concluded in any
Assembly ; they admitt intrants to the order of priesthood in their
owne chappeUs, or nearest kirk to their residence, and not in the
presence of the congregation where they should serve, or, it may
be, never serve ; they admitt not, nor deprive ministers, with con
sent of the ministers of the bounds where the intrant is to be
planted, or the delinquent is to be punished, even contrary to the
Acts of their own Assembly.
" That GeneraU Assemblies being so rarely convocat, and only
at their pleasure or procurement, the weightie affairs of the Kirk,
treated in Parliaments or Conventions, are turned into their hands,
and disponed upon at their arbitriment and pleasure ; so that, with-
x2

324 APOLOGETICAL NARRATION
out danger and offence, the just grievances of the Kirk, and their
humble petitions can neither be presented to our dread Sove-
raigne, his Highnesse's Parliament, or Convention of Estates;
whereas before it was ordinarie, that whensoever the Kirk had to
do, the GeneraU Assembly conveened for such matters as occurred
for the tyme. Nixt, they rule over the Kirk without controhnent
for want of those Assemblies.
" That howbeit the GeneraU Assembly should be convocat, yet
can they not be free, so long as they continue in this grandeour, sit
as ordinary members not authorised with commission, and overrul
ing them, as experience hath taught us.
" That SynodaU AssembUes, which were wont to assemble twice
in the year, are now prorogat at their pleasure ; others are often-
tymes substitute in their place to be Moderators, and, when they
are present themselves, they do not so much moderat and gather
voices as domineer. For some (as Glasgow) have said, ' Ye may
pype as ye wUl, I wUl dance as I please.' Others, (as St An
drews,) ' E there were but ten here I wold make an act.' Slight
tryaU of ministers and Presbyteries is used; conformity is urged;
and other weighty affairs are neglected.
" That they disdaine to sit with their brethren in Presbyteries,
to exercise the gift of prophecie by course ; that the processes of
Presbyteries against offenders are condemned, or frustrated by
appeUation to the Bishop, or staying upon his determination, who,
if he can be won by the offendar, their processe is cutt short;
whereby the censures of the Kirk are contemned, and scandalous
offences are multiplyed.
" That they have removed worthy men of the Ministerie from
their caUing, for no other cause but refusaU of Conformitie to some
Ceremonies unknown tUl of late to our Kirk, and suffer ministers
following their course, and leaning to their protection, to lye under
the fouU scandaUs of drunkennesse and harlotrie.
" That intrant ministers, who formerly receaved their places
without all suspicion of mercenarie deaUing, enter now at great
coast, by soumcs of money given to them, their sons, or their ser-

OF THE STATE OF THE KIRK. 325
vants, for presentations, coUations, testimonEUs of ordination, or
admission, to their great hurt.
" That they intrude Ministers into vacant places without respect
of proportion betwixt the gifts of the intrant and the greatnesse of
the cure, and oftentymes against the wUl of the people over whom
he is sett, and of the brethren to whose feUowship he is adjoined.
" That they admitt such to be Ministers as are either not well
quahfied for want of Uterature, or profane and light in their con
versation; respecting more the favour of suiters, or their owne
commoditie, than the weeU of the flocks.
" That they place corrupt Professors in Universities, and
Preachers in the most eminent congregations, who infect the hear
ers with Arminianisme.
" That they flatter such as follow them in the course of Confor-
mitie ; and such as wiU not follow, but adhere to their former laud
able profession, they disgrace with the odious name of Puritanisme,
misinforme his Majesty, disquiet the Kirk which they found in
peace, and chopp at the pUlars of his Majesties standing — the favour
of God and the love of his best subjects.
" That Papists increase under their Government, and are em
boldened through their connivence or neghgence, contemning in
ferior ministers.
" That they have alienated and sold the Patronages of some kirks
annexed to their Bishopricks, and set tacks without consent of the
Assembhes, and have obtained an Act of ParUament to set the
ward lands of the Kirk in tack ward, whereby they purchase great
soum.es to themselves, and prejudge their successors of their usual!
commodity receaved at the entry of tenents.
" That whereas before the Testaments of the defunct were at
easie rates, proportionable to the poor condition of the parties, now
the prices are raised to a great height, and rigorously exacted.
" That when constant Stipends were last modified, they consent
ed to the union of sundry kirks, and took soums of money for the
same from such as had interest.
" That albeit they have taken themselves to the charge of many

326 APOLOGETICAL NARRATION
Congregations in a diocie, yet some of them are non-residents, as
the Bishop of Caithnesse residing in the south Border, at Jedburgh,
his diocie lying in the farthest north ; the Bishop of Dunkelden, at
St Madoes ; Dumblane, at Holyroodhouse ; Eosse, at Downe be-
syde Dundee ; GaUoway, at Leith, and so forth.
" That they call Ministers before the High Commission prima
instantia, before ever they be heard either in Presbyteries or Synods
for non-conformity to any idle ceremony, and punish them either
civilly, ecclesiasticaUy, or both wayes, as they think good.
" That laying aside all necessary duties, as hospitality, support
of the poor schoUers and other indigent persons, and reparation of
common works, they imploy the rents of their Bishopricks upon
lands to their sons, and high marriages to their daughters.
" That by needlesse travelling and pastymes on the Lord's Dayes,
contrary to the lawes of God and the countrey, the Sabbath and
Service of God is brought in contempt through the evU example
of some of them, namely, the Bishop of St Andrews : other scand-
aUs we omitt.
" Strange visitations from the hand of God, great alterations in
the estates of men, and not only hard but bad successe in our most
hopefull enterprises, have ever wairned us of the abuses. If they
were corrected and speedUy amended, as they have brought univer-
saUy great distresse, their removaU might soon turn our mourning
into joy, and our grievances into hearty gratulations."
Whether any of them that were imployed presented these, or
others like these, not different in substance, as they were delyvered
by the Ministers to them, as diverse persons were imployed upon
sundrie occasions, we are not certain, but so farr as some of them
have affirmed, that they were presented and read by his Majesty.
But certain we are, that no effect foUowed ; no redresse of any of
those enormities, whereat the godly were grieved.
The Ministers, dispairing to effectuate any good by deaUing pri-
vatly by any particular persons, essayed publict means as occasion
offered, in tyme of the Convention of the Three Estates, July 1630.

OF THE STATE OF THE KIRK. 327
By their procurement these Grievances foUowing were urged by
some noblemen, Eothesse, CassiUs, Seaforth, Yester, Rosse, Bal-
merinoch, Melvine, Lowdoun, &c.
GENERAL GRIEVANCES TO THE CONSCIENCES OF A GREAT MANY
OF HIS MAJESTEE'S SUBJECTS IN THIS KINGDOME, GIVEN IN TO
THE CONVENTION OF ESTATES, JULY AND AUGUST 1630.
" Since it hath pleased God to blesse the simple forme of divine
Worship aUowed by the laws of this countrey, whereby the happy
Reformation of reUgion was estabUshed among us, free of the pomp
of Ceremonies, with peace and purity of doctrine, it is the humble
desire of a great many of his Majestie's subjects, seeing these late
Ceremonies brought in upon the Kirk of Scotland were urged no
otherwayes but upon assurance of freedome and liberty to aU good
Christians to practise them as things indifferent, which both his
Majesty of blessed memory, and his Majestie's Commissioners in
Parhament and Assembly did pubhckly professe, That the Estates
assembled in this present Convention would be pleased to sup-
plicat his Sacred Majesty for aUowance of that liberty to pastours
and their congregations.
" And for this effect, that congregations may not be frustrated
of a comfortable ministery, his Majesty would also be petitioned,
that worthie and weU quaUfied men be not urged at their entry
with any oaths or subscriptions, which are not aUowed by the ex
presse orchnance of the GeneraU Assembly.
" And finaUy, since his Majesty is graciously pleased to pardon
his good subjects aU their bygone offences, that of his RoyaU favour
he would also be intreated for the distressed Ministers of this
kingdom, that they may be restored to their former liberties and
stations for the free exercise of their ministerie."
The Noblemen intreated the Estates to concurre with them in
petitioning ; whereunto they were very wUUng. But five or six
chief CounceUers and Court Lords opposed to the reading of the
Grievances, and refused flatly that they should be read ; for they

328 APOLOGETICAL NARRATION
understood before what was the effect of then? petition. No doubt
they were privie to the King's mind, and were assured that the
petition would offend his Majestie. So, howbeit offer was made to
hear the grievances of the people ; yet when the greatest grie
vance was to be proponed, it was prevented, (fyve or six lords
overruling the whole Estates) ; which passed not without chaUenge,
but ended without any tumult. It was aUedged, That it was more
proper to propone those grievances in tyme of ParUament, which
was only a shift; for both the tymes were pertinent. And the King
in his Articles offered to hear the grievances of the people, before
he made mention of the taxation. Because it was aUedged, that it
was more proper for ministers to propone such grievances than for
the Estates, as. if the Estates should be carelesse of the Kirk and
their owne souls, it was thought good, that a grievance should be
given in, in name of the laick patrons, for their interest in the ad
mission and deprivation of ministers. The Grievances were given
in by my Lord Bahnerinoch the 3d of August 1630, for himself
and in name of other laick patrons.
" That albeit in the Act of Parhament made in October 1612, the
forme of the oath which ministers should give at the time of their
admission be expressly sett downe ; yet against the tenor of the
said Act of Parliament there is a new form of oath, with certain
articles devised and urged upon intrant ministers, whereby the
entry to the ministry is shut and closed to the best quahfied men,
presented by the patrone, accepted by the people, and willing to
enter into that function, if they refuse that new forme of oath ;
and thereby others less able are obtruded upon the people.
" By the same Act it is ordained, That in deprivation and suspen
sion of ministers, the Bishop shall associat to himselfe the ministers
of these bounds where the delinquent serveth, and there shaU take
tryall of the fault whereof he is chaUenged, and accordingly pro
ceed to the deprivation or suspension. Yet neverthelesse against
the Act of Parliament, and contrary to the order thereof, ministers
are deprived and suspended without any tryaU taken by the
Bishop, with the concourse of the ministers of the bounds."

OF THE STATE OF THE KIRK. 329
The equity of this grievance was worthUy mantained and clear
ed by the presenter, my Lord of Balmerinoch, assisted by the Noble
men above named ; and indeed it is to no purpose to any patrone
to present, if, after the person is presented, the Bishop may debarre
him for not swearing or subscribing what he thinks good ; or, after
he is admitted, if he may suspend or deprive the person presented
by him either in the High Commission, or any other way than ac
cording to the laws. Yet this grievance was opposed, as the for
mer, by the same Lords ; howbeit they understood the body of
the Convention was bent to vote in favours of the presenter, or
rather, of the Kirk of God sore oppressed with the tyrrany of the
lawlesse Prelates, debarring, intruding and extruding ministers
as they pleased.
The Ministers standing for the purity of religion in doctrine, dis
ciphne and worship, having essayed sundry means, but in vain, to
have his Majesty informed, thought it necessary to take hold of
the opportunity of his coming to his native country to receave a
crowne, and to hold his first ParUament, at which times Kings use
to be gracious, yea, most gracious to aU their supphcants ; and pre
pared some articles to present to the King and Estates in Parha
ment. It was ordained, in the year 1594, That four of each Estate
should conveen twenty days before the ParUament, to consider the
articles and petitions which are to be given in, that such as were
reasonable and necessary might be put in forme and presented to
the Lords of Articles, in tyme of Parliament, and aU improper,
frivolous and impertinent matters might be rejected. But it was
not then, nor since determined, who should make choise of the per
sons. Yet was not this order observed ; but intimation was made
by proclamation upon the 16th of May, that aU such persons as in
tend to give in any articles or petitions to the approaching Parha
ment, give in the same to the Clerk of Register, betwixt and the
first day of June, to be presented by him to such" of the Estates and
Counsell as should be appointed to hear and consider the same.
Yet those ministers, fearing otherwayes not to be heard, appointed
one of their distressed brethren to present their petitions to him ;

330 APOLOGETICAL NARRATION
which he did upon the 29th of May, and took instruments in the
hands of a nottar, of the presenting and receaving of the same, lest
the Clerk should have afterward denyed either the one or the other.
That the equitie of the Grievances may be considered by any in
different and judicious Reader, I have here inserted them in their
full tenor.

" Grievances and Petitions concerning the disordered
Estate of the Reformed Kirk within this Realme of
Scotland, presented upon the 29th day of May 1633, by me,
Mr Thomas Hogg, Minister of the EvangeU, in myne own name,
and in the name of others of the Ministery likewise grieved, to
Sir John Hay, Clerk of Register, to be presented by him
to such as ought (according to the order appointed) consider
them, that thereafter they may be presented to his Majestie
and Estates which are to be assembled at the nixt ensueing
Parliament.
" The opportunity of this solemne meeting of your gracious
Majesty and the honourable Estates, conveened in this High Court
of Parliament, and the conscience of our duty to God and the Ee
formed Kirk within this realme of Scotland, where we serve by
our ministerie, constraine us to present in aU humility to your
Highnesse and Estates presently assembled, these our just griev
ances and reasonable petitions foUowing : —
" 1. Albeit vote in ParUament was not absolutely granted to mi
nisters provided to prelacies, but only upon such conditions as his
Highness of happy memory, and the GeneraU Assemblies of the
Kirk should agree upon, which is evident by the remitt and pro
vision expressed in the Act of Parhament holden at Edinburgh in
December 1597 : And albeit, the manner of their election and
admission to the office of Commissioners, and the particular con
ditions and cautions to be observed by ministers, votters in Par
liament, in name of the Kirk, after long disputation, were agreed
upon by his Majesty present in person, and the GeneraUAssembly,

of the state of the kirk. 331
and were appointed by them to be insert in the body of the Act
of ParUament, which was to be made concerning that purpose ;
some ministers, notwithstanding, have been, and are admitted to
vote in ParUament in name of the Kirk, as absolutely as if the Act
of Parhament did containe no such reference, and as if his Ma
jesty, with the GeneraU Assembly, had not agreed upon their elec
tion and admission to that office, or upon any Umitation : Where
by the Kirk has sustained great hurt and prejudice in her liberties
and privUedges, and especiaUy by their frequent transgressing the
first of the conditions,, although grounded upon the very law of
nature and nations — That nothing be proponed by them in Par
hament, CounseU or Convention, in name of the Kirk, without
expresse warrant and direction from the Kirk, under the pain of
deposition from their office ; neither shaU they keep sUence, nor
consent in any of the said Conventions to any thing that may be
prejudiciaU to the liberty and weeU of the Kirk, under the said
pain : And the second, That they shaU be bound at every GeneraU
Assembly, to give account anent the discharge of their Commis
sion since the Assembly preceeding, and shaU submitt themselves
to their censure, and stand to thefr determination whatsoever
without appeUation, and shaU seek and obtain ratification of their
doings at the said Assembly, under the pain of infamie and ex
communication : Therefore our humble Supphcation is, that the
execution of the Acts of ParUament of matters belonging to the
Kirk, to which they have voted in name of the Kirk, without any
authority or aUowance from the GeneraU AssembUes of the Kirk,
be suspended tUl the Kirk be heard, and that, in tyme coming,
ministers have no otherwise vote in ParUament, but according to
the provision of the Act of Parliament, and the order of their entrie
to the office of that commissionarie, and limitation foresaid agreed
upon, as said is.
" 2. Seeing ratifications of Acts and Constitutions of the Kirk
cannot be construed to be a benefit or favour to the Kirk, unlesse
the ratifications passe according to the meaning of the Kirk, and
the tenor of the said Acts and Constitutions, without omission, addi-

332 APOLOGETICAL NARRATION
tion, or alteration of clauses, articles, or words of importance ; and
that in the ratification of the Act of the Assembly holden at GEs-
gow, anno 1610, which past in the ParUament holden 1612, under
the name of explanation, sundry clauses and articles were omitted,
as the subjection of Bishops in aU things concerning their life,
conversation, office and benefice, to the censure of the GeneraU
Assembly, — the censure of Bishops, in caise they stay the censure
of excommunication, — the continueing of the exercise of doctrine
weekly,— the necessity of the testificat, — and assistance of the
ministerie of the bounds, for the admission of ministers ; and other
clauses and articles are added and hisert, as the different degrees
of Archbishops and Bishops, the power of giving coUation of bene
fices granted to Bishops, the disponeing of benefices falling in
their hands jure devoluto, the appointing of Moderators in Dio
cesian Synods, in case of their absence, and some words of the
oath are changed : by aU which omissions, additions, and altera
tions, the Kirk hath sustained, and doth sustaine great hurt in
her jurisdiction and discipUne : Our humble desyre therefore is,
that the Kirk may be hberate from the prejudice of these omis
sions, additions, and alterations of the Act foresaid.
" 3. Notwithstanding the GeneraU AssembUes have been holden
from the tyme of the Reformation tiU the year 1603, at least once
in the year, and oftner, pro re nata ; ProvinciaU Synods twice in
the year ; weekly meetings for exercises, and Presbyteries every
week, for matters to be treated in them respective, and their liber
ties were ratified in Parhament, anno 1592 — and by that as a
most powerfuU mean, blessed be God ! j>eace and purity of rehgion
were maintained: And in the Assembly holden at Glasgow 1610,
their Commissioners, voters in Parhament, provided to Prelacies,
were made lyable to the censures of the GeneraU AssembUes — it
was acknowledged, that the necessity of the Kirk craved that
there should be yearly GeneraU AssembUes ; and the ministerie
were then assured, that that liberty wold be granted upon their
request, whereby they were induced to condescend so farr to the
Act then made, as they did; which Act also beareth, in the very

OF THE STATE OF THE KIRK. 333
entrie thereof, a request to his Majesty, that Generall AssembUes
may be holden in aU tyme coming, once in the year, or precisely at
a set and certain tyme : Neverthelesse, the wonted liberty of
holding GeneraU AssembUes is suppressed ; the order of the Pro
vinciaU Synods confounded ; Presbyteries in a great part disorder
ed and neglected, whereby divisions have entered into the Kirk ;
ministers are become neghgent in their callings, and scandalous in
their Uves ; the godly are heavUy grieved ; the weak scandalized ;
erroneous doctrine is deUvered in kirks and schools without con-
trolment ; the Commissioners, voters in ParUament, lye untryed
and uncensured ; and Atheisme and Poperie increase : Our hum
ble desire is, therefore, that the Acts of ParUament made in
favours of the AssembUes of the Kirk, and especiaUy the Act of
Parhament holden at Edhiburgh in June 1592, be revived in this
present ParUament.
" .4. Notwithstanding the observation of festivaU days, private
Baptisme, private Communion, EpiscopaU confirmation of chUdren,
have been rejected by this our Reformed Kirk, since the beginning
of the Reformation ; and it hath been declared by Act of Parha
ment 1567, that such only were to be acknowledged members of
this Reformed Kirk, as did participate of the Sacraments as they
were then rightly ministered, which was without kneeUing, in the
act of receaving the SacramentaU Elements of the Supper, or im
mediately dispensing the same to every Communicant by the mi
nister ; and that it was statute and ordained in the same ParUa
ment, that aU Kings should give their oath at their coronation, to
maintain their reUgion then professed, and that forme of the mi
nistration of the Sacraments which then was used : Neverthelessej
pastors and people, adhereing to their former profession and prac
tice, are nicknamed Puritans, and threatened not only without
any good warrant, but beside the tenor of the Act of Perth Assem
bly, which containeth no strict injunction, and, contrary to the
meaning of the voters, and to the proceedings of that Assembly,
where it was professed that none should be pressed with obedience
to that Act. Therefore we humbly intreat, that by ratification of

334 APOLOGETICAL NARRATION
the Acts of Parliament made before that Assembly, and by such
wayes as shall seem good to your gracious Majesty, and honourable
Estates assembled, your Majestie's good people, pastors, and pro
fessors, may both be purged from such fouU aspersions, and may
be freed from aU dangers and fears which may occur by occasion
of that Act of Perth.
" 5. Albeit it be determined by the GeneraU AssembUes of this
our Reformed Kirk, what oaths ministers should take at the tyme
of their admission or ordination, yet there is a new forme of oath
devised and urged by the admitters or ordainers upon intrants to
the ministrie, togither with subscription to certain articles devised
by them, without direction and warrant from any Assembly of the
Kirk, yea, or Act of ParUament, whereby the entry to the minis
terie is shut upon the best qualified, and others lesse able are ob
truded upon the people, to their great grief and hazard of their
souls : Our humble petition therefore is, that aU such oathes and
subscriptions, urged upon ministers at their entrie or transplanta
tion, may be discharged. *
" 6. Notwithstanding there be constitutions of the Kirk, and
lawes of the countrey for censuring of ministers before the ordinary
judicatories ecclesiasticaU, yet, contrary to their order, ministers
are suspended, silenced and deprived, and that for matters meerly
ecclesiasticaU, before other judicatories, which are not estabhshed
by the authority or order of the countrey and Kirk : Therefore our
humble petition is, that ministers deserving censure be no other
wayes censured than the order of the Kirk does prescrive ; and
that such as are otherwayes displaced, be suffered to serve in the
ministerie as before."
The presenter attended in Edinburgh to compear, if need were,
before such as should have conveened according to the proclama
tion ; but there was no appearance of any such Convention. We
* A part of the document is here omitted, for which see Row's History, pp. 360, 361,
Wodrow Society edition. In the old printed copy of the Grievances, dated 1633,
Article 5 corresponds with the above text.

OF THE STATE OF THE KIRK. 335
heard that only four or five Officers of Estates consulted apart to
gither; but upon what, we know not.
Because it was provided by the said Act 1594, that howsoever
the Convention of four of each Estate might reject what they
thought frivolous and impertinent, yet his Majesty may alwayes
present such articles as he thinks good concerning himself for the
weeU of the realme ; the ministers directed their brother above-
named, to present to his Majesty their supphcation ; which he did
upon the 15th day of June 1633, in the castle of Dalkeith, that
day that he was to make his entrie into Edinburgh. The King read
it at length, and seemed nowayes to be displeased ; but after some
conference betwixt the Earle of Morton and him, the Earle came
to the presenter, and asked at him what was his name, and parted
from him with these words, " I wish you had chosen another place
than this house for the presenting of your Supphcation :" whereby
it seemed, then, that the King was not content to have seen it. Let
the indifferent Reader judge upon the Supphcation, if there be in
it a word or syUable to offend.
" This happie occasion, with strong desires long waited for by us,
your Majestie's most loving and humble subjects, the pastors and
professors of the Reformed ReUgion within this your Majestie's
kingdome of ScotEnd : The great fame which hath often fiUed our
ears, of your Majestie's most pious and princely inclination to reli
gion and righteousnesse, whence this Kirk and kingdome, from
their singular interest in your Majestie's birth and baptisme,
have reason to look at this tyme for a comfortable influence, the
body of this kingdome in heart joineing with us, and only waiting
for the least word from your Majestie's mouth : The conscience
which we have, and which, we trust, is manifest to aU men, that
we are seeking neither riches nor honor to ourselves, but that the
summe and substance of our desires is, to procure the advancement
of the kingdome of Jesus Christ, and to see your Majestie's flou
rishing estate in your kingdomes : AU these and each of them move
us to entreat, in aU humUity, your gracious Majesty to be favour
able to our petitions, which we have dehvered to the Clerk of

336 APOLOGETICAL NARRATION
Register, to be presented to your Majesty and the Estates at the
approaching Parliament, that they may be considered, and receave
a gracious answer."
Because there went rumours of novations intended and to be
established in Parliament, these ministers laid open to sundrie of
the nobility, gentrie and burgesses their fears, and desired them
to consider what rent and division hath entered into the Kirk by
ratification of Acts of AssembUes controverted among the minis-
trie, or rather reputed nuU in themselves ; how division increas-
eth by ratification of former Acts of ParUament, confirming the
constitutions of those AssembUes : and therefore desyred that all
such ratification should be suspended, tUl there be a free GeneraU
Assembly to compose the controversies of the Kirk, or tUl both par
ties be heard in face of ParUament ; and, namely, the ratification of
the Act of Parliament 1612, ratifieing the Act of Glasgow 1610 ;
the Act of Parliament 1621, ratifying the Act of Perth Assembly
1618 ; and, for the same reason, the ratification of the Assembly
holden at Aberdeen 1616, and consequently, of the new Confession
of Faith, Catechisme, Service-book, Canons for Disciphne, or any
other novations which may be brought in under the colour of that
Assembly. Because it was feared that the High Commission may
be authorised, they were informed that it hath been and wold be
the more prejudiciaU to the ordinarie judicatories, and bring the
Kirk under great thraldome ; that thereby power is given to minis
ters to censure their brethren against the order of the Kirk, and
in causes wherein they may be both judge and partie ; that there
by ministers take power to fyne, confyne, imprison, &c, which is
nowayes pertinent to the ministers of the gospeU ; how that this
long tyme the Kirk hath been holden m slavery by that Court,
notwithstanding the Act of ParUament 1584 hath discharged aU
jurisdictions and judgments not approved by Parliament. Because
it was intended, and yet stiU is intended, that moe ministers have
place in Parhament, as titular Abbots, Priors, &c, to make up the
number of fifty-one votters, they were desyred to consider how
dangerous it were both for Kirk and Commonwealth, if that Estate ¦

OF THE STATE OF THE KIRK. 337
were strengthened with such a number, and how great a wrong
it is to the Kirk to admitt any moe, till the ministers already ad
mitted to vote be brought within the compasse and under the
obedience of the conditions agreed upon by the King and the Ge
nerall Assembly, according to the provision of the Act of Parlia
ment 1597 ; and so much the rather, because it was more than
manifest what harme the Kirk had sustained by their unbounded
and uncontroUable proceedings. Because it was feared that the
Bishops, with some ministers, their adherents, wold propone arti
cles and petitions as directed from the Kirk, they were desired
to consider that it was proper to the GeneraU Assembly to pro
pone articles and petitions to the Parliament in name of the Kirk,
and it hath been their custome to conveen before ParUament, and
in their meetings to agree upon matters to be proponed, and to
appoint Commissioners to present the same ; whereby it was evi
dent that no Commissioners from Conventions of Bishops and mi
nisters, were their number never so great, should be admitted with
out authority of the said Assembly, especiaUy in a tyme when they
have procured the GeneraU Assembly to be interrupted, and the
hberty of the Kirk to indict Assemblies ratified by Acts of Parlia
ment, to be made of no force. Because it was to be feared that an
new translation of the Psalmes in Meeter was to be imposed,
they were desired to consider, that the Psalmes in Meeter, aUowed
by the Kirk of Scotland, and usually sung since the Reformation,
cannot be altered by inferior AssembUes of the Kirk, or particular
persons ; neither can it be remitted or committed to Synods, Pres
byteries, or certain selected persons, tiU there be a free General
Assembly. Little good was to be looked for, for the satisfaction of the minis
ters amongst the Lords of the Articles, when the Bishops made
choise of the noblemen, of which some were Papists, and eight
Bishops were nominat to the nobiUty by the ChanceUour. The
noblemen were desired by some statesmen not to oppose to such
Commissioners of Barrons and Burgesses, as the King had given
them in list, and such were chosen for the most part, and with this
Y

338 APOLOGETICAL NARRATION
number the Officers of Estate were to sit. After they had sitten two
or three dayes, some of their number kvformed their acquaintance,
that two articles had past amongst them : One concerning habits
to be enjoined to churchmen by the King ; another concerning the
ratification of aU Acts made before in favour of the Church, which,
consequently, was a ratification of the Act of Perth, and other Acts
made for the setthng and advancement of the estate of Bishops.
Two Noblemen, two Barrons, two Burgesses, purposed to present
to the King a petition in their own name, and in name of many
other Noblemen, Barrons, and Burgesses, to supphcate that the
late novations brought in into our Kirk, with assurance of free-
dome and indifferencie of practice from the Commissioners, both in >
the Assembly and ParUament, authorized by his Majestie's father,
may, by his Majestie's pubhck declaration in Parhament, have no
other strength nor execution hereafter, and that Pastors and Pro
fessors may be freed from the fear of any further novations, lest, if
either the burden of many inconveniences afready felt, by urgeing
the former, remaine on them, or the honest hearts of his loyaU j
subjects be overcharged with farther, this hE native kingdome be
left in heavinesse. But they, being certified by such as tryed Ms
minde, and shewed him a coppie of this petition, that he wold sett
himselfe against them, they desisted, and reserved themselves to
the Parliament.
Nothing may come in pubUck to be voted in ParUament, but
that which is approved by the Lords of the Articles, nor to be
reasoned and voted amongst the Lords of the Articles, which is
suppressed by the Lords of the Grievances, conveened before the
sitting downe of the Parliament, according to our order. So the
Ministers Grievances were suppressed.
The Noblemen, Barrons and Burgesses, had no space granted
to them, after the rising of the Lords of the Articles, to advise
upon other conclusions, but behoved to give tlieir advice, and
vote after the reading of them in publict, upon the last day of the ;
Parliament, which was the 28th of June. When the Earle of
Rothesse craved, that the article concerning AppareU might be

OF THE STATE OF THE KIRK. 339
severed from the Act concerning the King's RoyaU Prerogative,
because some might consent to the one who wold not consent to
the other, it was refused ; and, therefore, many of the nobility,
gentrie and burgesses, voted against the Act, as it was conceaved
conjunctly, howbeit the Act was carryed by plurality of votes,
whereof some that were present doubt much to this hour. When
the Act concerning the ratification of the Uberties of the Kirk,
and Acts made in favour of religion, were read, it was asked by
the Earle of Eothesse, If there was no Act to be excepted, or if
the Act of Perth might be excepted ? It was answered, That no
exception was to be made : whereupon aU the persons almost who
voted against the former Act, disassented also from this generaU
ratification. The assenters for the most part were Noblemen, no
representative persons of any corporation; Bishops usurping. a re
presentation of the ministrie, who. ought not to have had voice at
aU in Parhament, lett be to vote in their owne cause ; Officers of
Estate and some of them voteing twice, once as noblemen, and
again as Officers of Estate ; some Englishmen who have not a
i foot-breadth of land in Scotland; some noblemen who had no
other means whereby to recover their ruinous estates ; sundry
Lords and Viscounts seeking to be created Earles. Such as dis
sented were assaulted sundry wayes, either in private by their
friends, parents, or near kinsman. Some of them had promises
made to them before, to be dignified with the titles of Earles, but
were delayed tUl after the Parliament. The King's inchnation
r and pleasure was very weU knowne to aU the members of the
Parliament, and yet, notwithstanding, they uttered their disassent
freely : yea, some of the assenters have consented since the rising
of the Parhament, that they voted for fear of the King's displea-
* sure. The King taking pen and paper in hand, in the tyme of
the voteing, was a sufficient ground of apprehending fear.
i,l The ratification of the Act 1609 doth not conceme surplice or
; any other superstitious vesture, to be used in tyme of divine
service, but of the habits of clergymen, to be used either in the
, streets or in the Kirk, or in their journeyes and wayfareing ; for
y2

340 APOLOGETICAL NARRATION
no more was ratified than was injoyned by the Act, anno 1609, and
only that part which concerned the habit of the kirkmen. But the
intent of that Act was not to give the King power to injoyne sur
plice, or any superstitious vesture, as the judicious Reader may
easUy perceave in the reading of the Act. That Act determined
that preachers should wear black; it was not then left to the
King to impose white, but only the forme of their appareU. By
that Act, ministers are ordained to provide themselves of the ap
pareU to be prescribed, according to their estate and moyen.
Ministers were never burdened for provideing to themselves sur
plices or the like vestures, but were provided at the charge of the
parochiners, as may be seen in the decrees of the Popish Coun-
seUs, and late Constitutions of the Kirk of England. If the words
of the Act may be extended to the surphce, it may be extended
also to aU the rest of the priest's masse vestiments ; for there is no
word in the Act to import the surphce more than the rest. It is
likely that surplices were aimed at before the Bishops were armed
with the power of the High Commission, or the power they pre
tend committed to them by the Assembly of Glasgow. The
meaning, then, of these words of the Act of Ratification, " to be used
and worne at the tymes, and in the manner expressed in the said
Act," is nothing else but that they shaU use such formes and
fashions at different tymes, and in different places, as shaU be pre
scribed to them ; because one forme and fashion wUl not be con
venient and commodious for them at aU tymes, and in aU places,
in the kirk, in the streets, in their journeyes. Therefore in the late
Constitutions of the Kirk of England, confirmed by King James, it
is prescribed what gowns they shaU wear in the streets ; what
cloathes in their journeyes ; what in private houses and studies ;
what graduates shaU wear in tyme of prayer, preaching and minis
tration of the sacraments agreeable to their degrees ; what minis
ters who are not graduat shaU wear. And yet they had reason to
vote against the Act. The sight of capes and surplices in the *
ChappeU, the Abbey Kirk, and the Great Kirk before, gave them
just cause to apprehend the worst. Nixt it seemeth an injury done

OF THE STATE OF THE KIRK. 341
to ministers, that forms of habit should be imposed upon them
without their owne advice and consent, at the pleasure of the
Prince. What if he shaU command them to be conforme in their
habits to Popish Priests, or to wear hoods and beUs ? Thirdly,
What reason was there to grant that power to the King and his suc
cessors, and so to make it a royal prerogative ; which was granted
to King James only, for his incomparable wisdome and great ex
perience, as the Act 1609 beareth. Fourthly, That Act, so farr as
it concerned judges, magistrates, &c. was not renewed and ratified.
Only poor ministers are left to be ordered in their habits, at the
pleasure of Princes.
By the Act of ratification of the Act of former Acts of ParUa
ment, made in favour of the Kirk, the Articles of Perth Assembly
cannot be urged ; for n Gratification can be pretended to be made in
favours of the Kirk or religion presently professed, if it bind with
pains and p'enalties [that] which the Kirk hath left free, and where-
anent that pretended Assembly gave only counseU and advice.
The Act of Glasgow 1610, as it is ratified in Parhament, cannot be
caUed ane Act ratified in favours of the Kirk ; because the most im
portant clauses are omitted, and others added, and so it is another
Act, and not the Act of the Kirk. Many Acts were made without
the knowledge or consent of any GeneraU Assembly, which is the
only representative Kirk within this realme, to whose censure the
Bishops themselves are lyable. Sundry Acts have been made con
trary to the Acts of the Kirk, as Election of Bishops by Deans
and Chapters ; which forme of election hath been condemned by
our Kirk in purer tymes, and free AssembUes, togither with the
office itselfe of a Dean. Some Acts have been ratified, notwith
standing ministers have protested against them. And sometymes
ministers have been charged to depart out of the towne where the
Parhament did sitt, and were not heard when they wold have
opposed. Can any such Acts be said to be made in favours of the
Kirk and rehgion presently professed ? Can such Acts be pretended
to be ratified in favours of the Kirk and rehgion presently profess
ed, when the whole bodie of the professors, scarce the tenth part

342 APOLOGETICAL NARRATION, &C.
excepted, are averse from the observation of the same ? On the
contrary, if aU Acts made truly in favours of the Kirk be ratified,
then the Act concerning the King's Oath at his Coronation, often
ratified, and many others Acts not yet abrogate, which were made
at the instant desyre of the Kirk, are ratified ; of which number
there are sundrie mentioned in the first Act of Parhament
1581, and sundrie others since. But how are these put in execu
tion, and why was not the Act concerning the King's oath at
his Coronation often ratified, not put to execution at the last
ParUament ?

FINIS.

CERTALNE RECORDS

TOUCHING THE

ESTATE OF THE CHURCH OF SCOTLAND,
SINCE THE REFORMATION OE RELIGION
THEREIN, TILL THE PARLIAMENT
HOLDEN AT PERTH,
ANNO 1606.
WRITTEN BE THAT FAITHFULL SERVANT AND
WITNES OF CHRIST, MR JOHN FORBES.

CERTALNE RECORDS
TOUCHING THE
ESTATE OF THE CHURCH OF SCOTLAND.
THE FIRST BOOKE.
CAP. I.
THE HAPPIE ESTATE OF THE CHURCH OF SCOTLAND, AFTER THE
REFORMATION OF RELIGION. '
It is not long since the Lord, who worketh aU things efter the
good pleasour of his own wiU, did in mercie visit this kingdome of
Scotland, translating it into the kingdome of his dear Son, and
delyvering it from the power of darknes, both in sic measour and
maner, as no natioun under heaven ever enjoyed the presence of
God in greatter glory, so universaUie with such Ubertie, with such
a blissing, the whole kingdome being purged from oppen idolatrie,
superstition, and humane inventions, and utterlie freed from the
tyranie of that man of sinn, who long had keiped it in a miserable
bondage of the mynd : So that not only did the light of the Gos
peU, in the puritie and trueth of doctrine, prevaUl to the subdew-
ing therof to the obedience of faith, that God might be worshipped
in spirit and trueth, according to his wUl revealled in his Word,
but aUso to the establishing of that only lawfull, decent, and comly
forme and ordour of government in the house of God, prescryved
be Christ and practised be his Apostles, with the utter overthrow
of all antichristian hierarchie, lordly preheminence amongst pastors,

346 CERTAINE RECORDS TOUCHING THE
Popishe government, and whoU image of the beast, that justhe
might this natioun have sung a new song of praises unto the Lord,
confessing that he had not dealt so with every natioun, no not
with any since the beginning. Beside this, for the farder comfort .
of his Kirk, it pleased the Lord, in this tyme of grace and hght,
to bring into the world our gracious Soveraigne King James, who,
in the mercie of God, reigneth presenthe, as a chyld of Ught, being
brought foorth in the light, and nourished in the bossome of his
Kirk, with the sinceir mUk of the Word, appoynted and prepaired
so of God, a meitt defendar of his natioun, saveing trueth, and a
fitt nourishing father to his Church, (Esa. 60,) by just recom-
pence : who, as before he had beine fed on her breasts with that
food that nourishes his soull unto eternaU lyfe ; so againe to make
her, as his mother, to reap that promissed bhssing, in causeing
her to suck of his breasts protectioun, prosperitie, and peace. In
performing of whilk dewtie (knowing that the Lord hath appoynt
ed Kings to minister to his Church, and that the natioun and king-
dome that will not serve her saU perishe,) his Majestie did show
himselff so fordward, as nothing was left by him or any wayes
omitted that, in a Prince so blessed of God, could be requyred,
in so far, that not only in his Majestie's minor age, under Regents,
governours, bot speciaUie efter the takeing of the reignment and
government in his own hands, and in his perfyte aige, both the
trueth of doctrine, sinceritie of ordour and government, and aU
the priviledges, freedome, and immunities of the trew Kirk of
God, speciaUie in the spirituaU jurisdiction therof, according as
they have been in practise since reformation of religion in this
kingdome, have beine oft and diverse tymes explained, ratified,
and confirmed, and all contrarie, both doctrine, and discipline, and
jurisdiction, expresslie disallowed and discharged; as, namelie, in the
1st Parliament, Acts 1, 2, 3, 4, 5, 6, wherin at length is contained
the substance of doctrine, and description of the trew Kirk ; in the
2d Pari. Act 2 ; and in the 3d Pari. Act 46, 47 ; in the 5th Pari.
Act 1 ; in the 6th Pari. Act 1, 2 ; in the 7th Pari. Act 1 ; in the
11th Pari. Act 2 ; in the 12th Pari. Act 1 ; in the 13th Pari. Act 2 ;

ESTATE OF THE KIRK. 347
in the 14th Pari. Act 2 ; in the 15th Pari. Act 1. And for the far
der manifestation of his Majestie's fervent zeall to the glory of God
and advancement of the kingdome of Christ, the Buik of Disci
phne observed in this kingdome, penned be the Kirk, efter long
and mature deliberation, being presented to his Majesty and his
Privie Counsall the zeir of God 1578, was, by his Hienes graciouslie
accepted, and approven, and ordained to be registrat in the buUces
of the Assembly GeneraU ; whilk therefter was done in the Gene
raU Assembly halden at Glasgow in the month of Apryll 1581,
with the consent and approbatione of the Laird of Caprentoun,
his Majestie's Commissioner ; wher likwayes was presented, be Mr
Craig, his Majestie's minister, and the said Laird of Caprentoun,
in his Majestie's name, that notable Confessioun of Faith, caUed
the King's Confession, efter that the Estaite of Bishopes was
utterhe abohshed at the Assembly at Dundee, the zeir preceiding
1580; in the whilk Confession, besyd the rest of antichristian
errors, that Romish hierarchie is utterlie abjured, and the govern
ment then present of the Reformed Kirk in this land, and disci
phne therof, approved, Unbraced, subscryved, and sworn to, be his
Majesty's selff, as wUUng, not only by law to authorise, but also,
by practise in his Hienes's own persone, to perswade obedience to
the Kirk of God, according to his Word, in all his Majesty's sub
jects ; whUk Confessioun was, by his Majesty's pubhck authoritie,
universallie unbraced, sworn and subscryved be his Majesty's
Nobillitie, Household, and whole Estaites of this land ; by the whUk
they all remaine most straitlie obleidged under no less paine then
the danger, both of bodie and soull, in the day of God's fearfuU
judgment, to continue in the obedience both of the doctrine and
discipline of this Kirk, and to defend the same, according to their
vocatioun and power, all the dayes of ther lyves, according as, in
the said Confessioun, is expresshe contained. And, for the farther
promoving of the kingdome of God, and lawfuU jurisdiction of the
Kirk in his Majesty's dominions, his Hienes did send to the said
Assemblie at Glasgow, with his forsaid Commissioner, a Platt of
the Presbitries to be established through the whole realme, com-

348 CERTAINE RECORDS TOUCHING THE
manding Commissioners to be directed from the said Assembly to
concurr with sic as [his] Majesty sould appoynt for planting of the
saids Presbitries in every province of the kingdome ; whilk was ac-
cordinglie done. And least any man sould be ignorant what is the
Jurisdiction Ecclesiastick, and ordour of government so solemnly
imbraced, his Majesty hes particularlie defined the same, first in
the year 1579, 6 Pari. Act 2, declairing it to consist in the preach
ing of the trew word of Jesus Christ, correction of maners, and
administration of the Holy Sacraments, and ordained therin that
no uther EcclesiasticaU Jurisdiction be acknowledged within this
realme than that whilk then was and sould be within the said
Kirk, whilk then was, be the favour of God, in the said kingdome,
in respect, as in the said Act is contained, his Majestie and
Estaites did declair ther was no uther face of Kirk nor uther face
of rehgion then was presenthe then estabhshed within this realme.
Bot most amply and clearlie the said jurischstion, in aU the severaU
Assembllies therof, als weUl particular of every congregation, of
moe in one Presbitrie, of particular provinces, of the GeneraU As
sembllies of the wholle land, are both defyned and ratified in the
first act of his Majestie's 12 Pari, the 1592 ; in the whUk the Ge
neraU Assembllies appoynted be the Kirk are ratified, and it de
claired to be lawfuU to the Kirk, and ministers, every zeir at least
and ofter, pro re nata, as occasion and necessitie sail requyre, to
hauld and keip GeneraU AssembUes, provyding that his Majestie,
or his Commissioners with them to be appoynted be his Hienes,
being present at Uk Generall Assembly, befor the dissolving therof,
nominat and appoynt tyme and place when and wher the nixt
Generall Assembly shaU be halden"; and in caice neither his
Majesty nor his Commissioner beis present for the tyme in that
town, where the said GeneraU Assembly beis halden, then and in
that caice, it saU be lawfuU for the said GeneraU Assembly be
themselffes, to nominat and appoynt the tyme and place where the
nixt General Assembly of the Kirk sail be keiped and halden, as
they have beine in use to do thir tymes bypast.

ESTATE OF THE KIRK. 349

CAP. IE
THE FIRST BEGINNING OF THE DECAY LN THE GOVERNMENT AND
JURISDICTION ECCLESIASTICK.
Thus for a long space by the fordward zeaU and rair pietie of so
exceUent a Prince, and by the faithfuU labours and diUgent watch-
fullnes of uncorrupt pastours, the work of God did prosper, and
grow to such perfection, as the Kirk of God in this land might
justhe have beine caUed the Lord's deUght, the place whilk he
loved more than aU the habitations of Jacob, and the very praise
of the world : whilk Sathan greatly envying, did ever endeavour,
both with head and taUl, to interrupt, yet to no great effect, the
Lord still so rulleing the heart of the King, and guyding and
holding the starres in his right hand, that neither heresie nor
schisme did enter the House of God for the space allmost of [fifty]
zeires ; notwithstanding, that the enemies of the trueth, the lo
custs sent out of the smoke of that bottomles pitt be their King
Abaddon, did greatly labour, both to pervert the trueth, and turne
his Majesty's heart from the trew profession thereof; so that
about the 1584, by oft suggestion of subtiU flatterers, and godles
Atheists, his Majesty was maid something to mislyke that lawfull
ordour of government of God's House so estabUshed be his Word,
and practissed of his ApostUes, received in this land, ratified be
law, imbraced, subscryved, and sworne in most solemne manner
by covenant, with the hving God be his Majestie, and haUl Estaites
of the kingdome, as only lawfuU and righteous, aUowed of God ;
and was brought to esteime more of that lordUe domination of
Bishops. The mean used as most meit to work this perswasion in
his Majestie's heart was this, That there could be nothing so con
trair to the nature of a monarchic, and more dangerous to the
peace, and prejudiciaU to the dignitie of his RoyaU Estaite, than
that paritie of authoritie in pastours. And so dispairing to change
his Majesty's mynd from the trueth of Doctrine, they subtiUie did
steall away his heart from the sinceritie of Discipline, whilk,

350 CERTAINE RECORDS TOUCHING THE
hitherto, had beine the cheife stay and bulwark both of the Kirk
and religion.
Heirupon, in the 1584 year foresaid, foUowed that first and great
eclypse of the beautie and comUnes of order, by continuaU prac
tise observed in the zeirlie AssembUes of the Kirk (once at least)
from the 20th of December 1560 unto the 1584 ; procured not
only by sic secular persones, as then through the iniquitie of tyme
overrulled aU, bot greatly promoved be sic in the Kirk as had un
braced this present world, speciaUie Mr Patrick Adamson, Bishop
of St Andrews, and David Cunynghame, Bishope of Aberdeine,
Montgomrie, Bishop of Glasgow, who, (as the confession of the
said Mr Patrick Adamsone, penned by himself and subscribed with
his owne hand, given in to the Synod of Fyfe, and efterward
printed, does witnes,) declaires, that being moved pairtlie through
ambition and vain glorie, to be preferred to their brethreine, and
pairtlie for covetousnes, did undertake the office of Bishoprick.
At this tyme, the cheiff men and principali stoupes, both of Kirk
and Commonwealth being forced to forsake the land, divers lawes
were maid in prejudice of the Kirk of God, to stay their Assein-
bUies without his Majesty's hcence obtained to that effect ; whilk
hitherto had beine keiped upon the warrand that Christ hes given
to his Kirk, to conveine without any Ucence, sought or given to
the magistrat uther nor the approven common consuetude, every
Assembly on the end designing tyme and place for the nixt, accord
ing to the Buik of DiscipUne : As aUso, to bring the judgment of
aU matters, als weill ecclesiastick as civiU, in to his Majesty, and
his Counsell, and to establishe Bishops, and uther Commissioners
constitute be his Majesty, judges in ecclesiasticaU causes. These
foresaid Bishops, speciaUie Adamsone, laboured, (as his confession in
print bears,) to subject the kirkmen unto the King's ordinance, in
things of conscience and matters ecclesiasticaU ; teaching aUso the
Presbitries to be ane foolishe invention. And for the farder sure-
tie of the Estaite of Bishopes, the said David Cunynghame, be
advyse of the said Adamsone, (as his confession bears,) did rent out
some leaffes out of the Buikes of the AssembUies, and destroyed

ESTATE OF THE KIRK. 351
sic things as maid against their Estaite ; and divers Acts wer urged
to be subscryved be aU ministers, contrair to the lawfuU authoritie
and free jurisdiction of the Kirk. In this estait of tyme, was that
Act amongst the rest maid, whUk is the first in the 8 Pari, halden
at Edinburgh, the 22d of Maii 1584, wherin his Majesty, his aires
and successors, be themselffes, and their CounseUers, are statute
judges competent to all persones in aU matters ; and wherin it is
ordained, that none presume to declyne his Majesty's or his Coun
seU's judgment, under the paine of treasoun.
What wonder, " seeing in many things we sinn aU," (Ja. 3,) ail-
though in such a tyme his Majesty sould have beine brought to
such things, being so much provoked therto by these who albeit
preachours themselffes, yet were so farr bhnded as the foresaid
Confession beares, that they beleived the government of the
Kirk to be lyke into the kingdoms of the earth, (plaine contrair
to the command of our Master, Christ,) and the monarchic of
the Kirk whereby it is governed, not to be only in Christ our
Saviour, the only Head, Lord and King of Saints, set over Syon
for ever, bot in the ministers who are nothing bot vassaUs under
him in ane equalhtie among themselffes.
CAP. HI.
THE RESTAURATION OF THE KIRK TO HER WONTED LIBERTIE
IN THE TREWEST GOVERNMENT.
Yet did not the Lord suffer his Majesty long to be carryed with
the flood of iniquitie whilk then overflowed, nor his Kirk to lye
under that bondage ; bot in his justice removed the wicked instru
ments, and in mercy restored both Kirk and Comonwealth to their
wounted integritie ; so that in the yeir 1590 his Majesty, consi
dering aU things more deiply, did cause againe publishe the former
Confession of Faith, with ane chairge to every pastour under
paine of tinseU of fourtie pound, * that should not cause publishe it
* " Upon the paine of loosing four pound of his stipend." Gibson's MS.

352 CERTAINE RECORDS TOUCHING TOE
of new, togither with ane generall Band to be sworn and sub
scryved to of aU men. And in the zeir 1591, the cheif author of
the former disorder, Mr Patrick Adamson, who had been excom
municated 1589, being humbUed be the hand of God, was brought
to a willing recantation of aU his errors, and compeUed to justifie
the King, in confessing himselff to be the author of the buik called
" The Declaration of the King's Majestie's Eitention," and that it
contained nothing of the King's own Intention, bot of his own at
the tyme of the wrytting thereof, and the corrupt intentions of such
as, for the tyme, wer about the King and abused his minoritie;
confessing plainhe, that in that whoU buik is contained nothing
bot assertions of hes, ascryving to the King's Majesty that whereof
he was not culpahUe ; and condemning that pairt of the Declara
tion wherein soveraigne and supream power is said to appertaine
to the King's Majesty in matters EcclesiasticaU, as ane thing un-
worthie to be contained among Christian acts, — and that uther
pairts touching Presbitries and Bishops, acknowledging plainhe,
the one to be authorized be Christ and warranted be his Word,
Matt, xviii., so that, albeit the Acts of ParUament did forbid it,
the Kirk sould rather obey God nor man, — and the uther, to wit,
Bishops to have no warrand of the Word of God, bot to be
grounded upon the pohcie and inventions of men, and worthy to
be disaUowed and condemned as impertinent to the office of a sin-
ceir pastour of God's Word, and the cheif caus whilk these fyve
hundreth yeirs bypast, hath, in every country, suppressed the Word
of God ; and therfor, he condemneth his own Commentare upon
the 1st of PauU's Epistles to Timothie, becaus it tends to aUow of
the Estait of Bishops, utherwayes then God's Word can suffer ;
and doeth confesse himselff to have bein the author of the Act dis-
chairging the ministers stipends that did not subscryve to the acts
maid at that tyme, 1584, and that he was more bussie with some
Bishops of England to the prejudice of the discipline of this Kirk,
pairtlie whUl he was ther, and pairtlie by mutuaU inteUigence, then
becam a good Christian, meiklle less a faithfuU pastour. Yea his
Majestie did, moreover, give sufficient proof of his innocencie,

ESTATE OF THE KIRK. 353
anno 1592, wherein be Act of Parliament he restored the Kirk
to her fuU Ubertie of Jurisdiction in aU matters and causses Eccle
siasticaU ; ratified and approved the GeneraU Assemblies thereof
to be holden, once at least, every zeir ; SynodaU and Provincial!
AssembUes to be halden twyse every zeir, in every province of
the realme ; and aUso, the Presbitries and particular Sessions ap
poynted be the said Kirk, with the whoUe jurisdiction and dis
cipUne of the same Kirk, aggreed upon be his Majestie in a con
ference had with the ministers to that effect ; the speciaU articUes
wherof are mentioned in the said Act. Heir first began his Majes
ty, or his Commissioner, to have vote with the AssembUe in the
nomination of tyme and place of the nixt AssembUe, according
to the provision of the said Act in caice of ther presence.
Moreover, in the said Act, his Majestie abrogates, cassis, and
anuUes aU Acts maid for maintenance of superstition and idoUatrie,
and aU lawes and statutes maid at any tyme befor the day and dait
therof, against the Ubertie of the trew Kirk, jurisdiction and disci
pline therof, as the same is used and exercysed within this realme ;
and specialhe declaires that the forsaid Act, being the threteenth
Act of the Parhament halden at Edinbrough the 22d of MaU
1584, saU no wayes be prejudiciaU, nor derogate any thing to the
privUedge that God hes given to the SpirituaU office-bearers in the
Kirk concerning heads of religion, matters of heresie, excommunica
tion, collation, or deprivation of ministers, or ony sicklyk e.ssentiaU
censures, speciaUie groundit, and having warrand of the Word of
God ; and utterhe abrogats the Act of the said Parhament halden
at Edinbrough the said 1584, granting commission to Bishops and
uther judges constitute in EcclesiasticaU causses, to resave presen
tations to benefices and give coUation theron, and to put ordour to
aU causses EcclesiasticaU ; and declaires the same to be expyred in
the selff, to be nuU in tyme coming, and of none avaUl, force, nor
effect : And specialUe ordaines aU presentations to benefices to be
directed to the particular Presbitries in aU tyme coming, with fuU
power to give collation therupon, and to put ordour to all matters
and causses EcclesiasticaU within their bounds, according to the
z

354 CERTAINE RECORDS TOUCHING THE
discipline of the Kirk ; and decemes and declaires the forsaid As
semblies, Generall and ProvinciaU, Presbitries and Sessions, juris
diction and discipline thereof, mentioned in the said Act, to be in
aU tyme coming most just, good and godhe in the selff, notwith
standing of whatsoever Acts, canon, civill, or municipaU lawes maid
in the contrair. And thereafter, in the ParUament halden at Edin
brough 1593, the 21st of Juhi, in the Act 160, his Majestie agam
confirmes and estabhshes both the jurisdiction and the judicatours
of the Kirk in the GeneraU and SynodaU AssembUes, Presbitries,
and particular Sessions of every kirk and paroche ; willing and
ordaining their sentences and decreits, in matters pertaining to
their judicatory, to be put in execution, and tak fuU effect, and
the contempners therof and obstinate persons to be put to the
home. Thus did his Majesty sufficientUe witnes what conscience his
Hienes maid of that covenant, whilk he himselff had maid, and had
caused aU his subjects make with the Lord, and what reverence
he carryed in his heart toward that great and glorious name of
the Lord his God, makeing it evident to aU men that his Ma
jesty (as the forsaid Mr Patrick Adamson affirmeth) was not
culpabUe of these things whilk wer ascryved to his Majesty,
bot that the sonnes of Servia were too strong for him tUl God
did remove them.

CAP. IV.
THE SECOND BREAK AND BEGINNING OF THE PRESENT DECAY
OF THE LIBERTIE, JURISDICTION AND DISCIPLINE OF THE KIEK
OF SCOTLAND.
When the work of God did thus greatly prosper and his Kirk-
floorishe, the Lord only wyse who knowes that ease slayeth the
foolishe, and that long peace, without the crosse, breids coldnes in
his worship, and who will have offences and schismes to faU out
for trying of such as are approved in his Kirk, did suffer Sathan

ESTATE OF THE KIRK. 355
again to employ his craft and mahce against the prosperous estaite
of his saints. For about the zeir 1595 ane great emulation and
jealousie, being secreitly fostered in the hearts of many, bot speci
aUie of those who wer nearest his Majestie's person, against ane
Octoverat, or eight Privie CounseUors, then croppen in the fuU
credit with his Majestie of all his effaires; and therupon that
tumultuous uproare, craftiUie raised the said 1595 zeir in Decem
ber 17, occasion was taken heirof be the cheiffest of that Octo
verat, who were ever Papists in their hearts, and knowen enemies
from ther beginning (as yet stUl they continew) to the trueth
of God and his trew servands, to intend the utter overthrow of
the gospeU and Ubertie of religion. For effectuating whereof, pur-
poshe miskening the trew authors of that trouble, they subtiUie did
insinuat and foster in his Majestie's mynd ane eviU conceit and
oppinion of the ministers, speciaUie of Edinbrough, as authors of the
said commotion, and as seditious and turbulent men, seiking no less
then his Majestie's overthrow, as he himselff, at the AssembUe
haulden therefter at BruntUand, did utter, saying, That he could
not esteem himselff sure of his persone so long as these ministers
sould remaine in Edinbrough. And, for remeiding of that eviU,
they did still perswade, that ther was no way so sure as to alter
the government of the Kirk from that Democratic, (as they called
it,) whilk aUwayes behoved to be full of sedition and troubUe to ane
Aristocratie, and so in end to a Monarchic, whilk aUwayes was least
subject to confusion, broyUes and sedition : the accomplishing
wherof they did very forwardlie promise to the King, if his Majestie
sould procuire the absolute removeing of those ministers of Edin
brough, the faithfuU servands of God, and famous for ther knowen
sinceritie, wisdom, learning, godliness and fruitfuU labours in the
house of God ; whilk, notwithstanding, at that tyme could not be
procured, God so clearing and bringing to Ught their innocencie,
that by no craft, colour, nor poUcie of their adversaries, could any
guUtines be found in them.
Wherfor that purpose not succeiding, they went about another
way to finishe ther designes, composeing a buik, be the labour
z2

356 CERTAINE RECORDS TOUCHING THE
speciaUie of Mr John Lindsay then Lord Secretarie, called
" The (King's) Questions to be proponed be his Majestie to the
Generall AssembUe," thinking thereby to bring the wholle dis
ciphne in question. For answering whereof his Majestie, by his
missive letters, did convocat ane AssembUe at Perth the first of
March the zeir 1596.
Heir first did his Majestie alter the ordinarie dyet and place
of the Assemblie of the Kirk ; for in the Assemblie halden at
Edinbrough the 23d of Mairch, in the zeir 1595, the next Assem
blie was appoynted to haid in Saint Andrewes the 27th of ApryU
1597. Bot his Majestie, be his missives, both altered the place
and preveined the tyme. The Kirk, in respect of the tym and
course then in hand, greatly fearing this to tend to sum farder pre
judice, albeit, for obedience of his Majestie, they assembUed at
Perth, yet hardhe could be brought to condiscend to vioEt ther
order in acknowledging or consenting that that meiting should be
repute ane Ordinar Assembhe ; so that two days were spent in
debaiting that matter, whilk his Majestie instanthe urged, that sic
things as should be therein concludit might have the fuU strength
of the EcclesiasticaU statutes and lawes of the Kirk. So that the
ministrie, — being requyred by Sir John Cokburn of Ormestoun
knyght, Lord Justice-Clark, and Mr Edward Bruce, Commendator
of Culross, his Majestie's Commissioners, to declair if they wer ane
lawfuU GeneraU AssembUe of the Kirk, and had sufficient power
be themselffes to give answer, treat and conclude upon sic things
as wer to be proponed and intreated in this present Convention,
according to his Majestie's warrand and missive letters direct to
them be his Hienes to this same effect, — finding themselffes on
every syde pressed with difficulties, as being in danger to be de-
nunceit to the home, or imprissoned for unlawfuU convention and
assemblling of themselffes, if they denyed themselffes ane lawfuU
Assembhe ; and, on the uther pairt, if they granted that, they wer
to be urged with many things prejudiciaU to the Ubertie of the
Kirk of God and of the gospell of Christ, wherunto, in respect of
the tyme, they behoved either to yield or incur his Majestie's far-

ESTATE OF THE KIRK. 357
der displeasour ; at length, efter long deliberation, did return this
answer to his Majestie, that their meiting was ane lawfuU Extraor-
dinar GeneraU AssembUe, be reason of bis Majestie's letter direct
to the Presbitries and ProvinciaUs to that effect, and the Presbi
tries and ProvinciaUs commissions given to them to meitt in the
town of Perth ; and, therfor, wer willing to hear what his Majestie
sould propone, and to treat, conclude, and give answer theranent,
conform to the commissions with the whilk they wer authorized be
the Presbitries and SynodaU AssembUes. Heirupon his Majestie,
for promoving the cheiff poynt wherat he aymed, did delay the
proponing of aU his Questions to ane better opportunitie, making
choyse of threttein articUes to be resolved at that tyme : the first
wherof was, That it sould not be thoght unlawfuU, neither to the
Prince nor any of the pastours, at any tyme therefter, to move
doubts, reason, or crave reformation in any poynts of the externaU
pollicie, and government or disciphne of the Kirk, that are not
essentiaU concerning salvation, or is not answered affirmative vel
negative be any expresse pairt of the Scripture. Heirby was sought
ane hbertie to call the wholl present jurisdiction and ordour of the
Kirk in question, that the intendit change might the mor easilUe
be effectuat. Yet heirunto did the ministrie accord in matters of
externaU government, alterable according to circumstances, pro-
vyding that it wer done in the GeneraU Assemblie, in right tym
and place animo cedificandi, non tentandi.
The 9th article was, That no Meittings nor Conventions sould
he among the pastours without his Majestie's knowledge and con
sent, excepting aUwayes their ordinarie Sessions, Presbitries and
Synods ; whilk lykwayes was aggried to with this addition, That
besyde Sessions, Presbitries and Synods, ther meittings in visita
tion of kirks, admission and deprivation of ministers, taking up
feids, and sic uthers as hes not bein found fault with be his Ma
jestie, sould be excepted aUso. In these two things was sought,
Both that the meittings of the Kirk, heirtofore frie and authorized
be law as ordained of God, sould be maid subject to the Prince's
pleasour, and that be tyme the Kirk sould be depry ved of Gene-

358 CERTA1NE RECORDS TOUCHING THE
rail AssembUes, whilk in this article wer suppressed, as suppossed
to be comprysed under Synods.
The 10th article was, That in all the principaU townes ministers
sould not be chossen without the consent of their own flock, and
of his Majestie, and that ordour to be begun presenthe, in the
planting of Edinburgh. The first pairt heirof was yeUdit; the last,
touching Edinbrough, was past in sUence unanswered, knowing
that this article was purposly sought for procuiring the removing
of Mr Robert Bruce, and the rest of the ministers of Edhibrough
from that flock, who, for the present, in respect of the violent per-
suit made of their lives be the Lords forsaid, were compeUed, be
advyse of their flock, to withdraw themselffes from the present
furie, and to lye in secreit tiU that storme sould cease ; who, for
this cause, wer denunced to the home, aUbeit they aUways offered
themselffes to ane unsuspect tryaU of the lawes, anent the uproar
raised the 17th of December ; upon the whilk occasion the saids
Lords, and for the same purpose, had allso caused his Majestie tak
the Town of Edinbrough bound and obleidged, befor he sould re-
save them into his favour, tojresaive nor make choyse of no minister
bot sik as his Majestie sould appoynt them.
The 12th article was, That seven or eight of discreit, wyse minisr
ters sould be authorized with commission to reason upon the rest
of the Questions as opportunitie of tyme sould serve : for the
whUk ther were fourtein appoynted be the Assembhe, ordain
ing them to report their oppinion and advyse touching the said
Questions to the nixt GeneraU AssembUe. Thus did his Majestie
lay the foundation of EpiscopaU government, by making pre
paration thereto by the like number of Commissioners as their
fore-runners. At this Assemblie his Majestie, intending farder to bring the
haill outward ordour and government to depend upon his pleasour,
befor the conclusion of these articles, did send to the Assembhe,
wUling them to repair to the place wher his Hienes, with the
Estaits, were presenthe sittand, there to confer anent the foresaid
articUes. They, for obedience to his Majestie, resorted to the

ESTATE OF THE KIRK. 359
CounseU, and, befor any reasoning, made Protestation as foUowes : —
" Sir, ForsameikUe as we are cum hither to testifie unto your
Majestie our obedience, and to hear what saU be proponed to us be
your Hienes, in aU reverence we protest, that this our meitting be
not esteimed as though we maid ourselves ane AssembUe with the
Estaites, or yit does submitt any matter ecclesiasticaU, either con
cerning Doctrine or DiscipUne, to this judicatour ; * but efter we
have conferred and reasoned with your Majestie anent the articUes
proponed to us, we must returne to the ordinary place of our As
semblie, ther to reason, voit and resolve m aU these poynts accord
ing to the Word of God and good conscience. And this our pro
testation we maist humblhe desyr may be admitted and insyrt in
your Majestie's Buikes of CounseU, for eschewing inconvenients
that heirefter may aryse." This protestation was ratified, regis
trat, and confirmed be his Majestie, and farther, is registered in
the Bookes of the Assemblie. Heir again, at his Majestie's desyr,
the Assembly ordinar is appoynted to hauld at Dundee, the tenth
day of Maii 1597 ; and so both tyme and place changed at his
Majestie's pleasour.

CAP. V.
THE INDEAVOUR OF THE KIRK TO PRESERVE THE DISCIPLINE
FROM THE CREIPING IN [OF] CORRUPTIONS, AND CONTRAIR
DRESSINGS OF THE ADVERSARIES.
At this great alteration the Kirk, justhe fearing that whilk more
and more daylie did cum on, did use aU lawfuU meanes to preserve
their estaite in als great integritie as could be. Therfor Mr
Robert Pont, Moderatour of the AssembUe haulden at Edin-
broughe the 23d of Mairch 1595, for maintenance of the Kirk's
libertie, did pass to Saint Andrews, aecompanyed with Mr John
HaU, (now one of the greattest enemies to the libertie of Christ
his kingdome,) and upon the 5th day of ApryU'1597, appoynted
* " This present Convention." Gibson's MS.

360 CERTATNE RECORDS TOUCHING THE
in the forsaid AssembUe at Edinbroughe for the nixt, did fence
the Assemblie, and ordourlie continued it to the tenth of Maii at
Dundie, according to the appoyntment of the extraordinary As
sembUe at Perth, at his Majesty's desyre. So cairfuU were these
same men in these dayes to defend the Kirk of God in aU her pri-
viledges, who now in thir tymes are becom the cheiff impugners
of that Christian libertie ; which more appeared at the nixt Assem
blie at Dundee, the tenth of Maii 1597, wher the Assembhe at
Perth being called in question, and desyred be bis Majestie to be
ratified, with great difficultie they wer moved to acknowledge the
lawfullnes of it, yet so as they would have certaine of the Acts
maid therat explained and somwhat corrected ; as, namhe, [" con
cerning] the articUe anent convention of pastours, his Majestie's
consent was declaired to be extendit to all, and whatsoever forme,
either of GeneraU AssembUe or SpeciaU AssembUe, permitted and
authorized be his Hienes's lawes, according as they have warrand
in the Word of God, as being the most authentick forme of consent
that any King can give." Lykwayes, [" as to] the articUe anent
provision of pastours to Borrowes, it was declaired, That the rea
son therof was and is, that his Majestie was content, and promissed,
that wher the GeneraU Assembhe finds it necessar to place any
persone or persons in any of the saids townes, his Majestie and
the flock sail either give their consent therto, or els ane sufficient
reason of their refuisall, to be proponed either to the whoU As
sembhe, or to a competent number of the Commissioners thereof,
as his Majestie saU think expedient." '
At this Assemblie, be advyse of certaine of the ministers them
selffes, who, at Perth, fearing to have lost their credit in Court by <
their forwardnes in pleading for the Kirk's libertie, pairtUe moved
-by threattenings, pairtlie for gaine, and pairtUe to maintaine their
courtlie credit, had secreithe weddit themselffes to his Majestie's-1
appetyt, in proeuiring the overthrow of the discipline of the Kirk,
and re-esstabhshing again that abjured Hierarchie ; of whom the
most special! and principaU was Mr James NicoUson, to that day
in great accompt among his brethrein.

ESTATE OF THE KIRK. 361
His Majestie, upon the pretence and schow of the multitude of
matters of great weight and importance, not only touching parti
cular flocks, bot whilk did conceme the whoU estaite and bodie of
the Kirk, whUk commodioushe could not be intreated nor con-
cludit through schortnes of tym in that present Assembly, desyred
the brethrein to consider, whither it were expedient that ane Ge
neraU Commission- sould be granted to certaine of the most wyse
and discreit of the brethrein, to convein with his Majestie, for effec
tuating of the saids weightie effaires. Wherupon commission
was given again to fourtein, or any seven of them, to convein with
his Majestie, to take order for the providing of ministers to the
toun of Edinbrough, Dundie, and Saint Andrewes, his Majestie's
and the Prince's House, and generaUie to give their advyse to his
Majestie in aU effaires concerning the weiU of the Kirk, and inter-
tainment of peace and obedience to his Majestie within the realme;
with power to them to propone to his Majestie the petitions and
greives, als weiU of the Kirk in generaU, as of every member ther
of in particular, as sould be brought unto them.
Thus did the misterie of iniquite work and tak farder growth
daylie by poUicie, thus reduceing the effaires of the Kirk to the
government of a few, whilk sould be joyned to his Majestie as his
Ecclesiastick CounseU, that, be his Hienes direction, the wholle
government of God's house sould be ordered and led, that so,
through length of tym, from him, as the cheif mover, aU sould pro-
ceid, both in Kirk and Commonwealth. Shortlie heirefter, it
appeared to what purpose this commission was sought ; for, at their
pleassour, the ministers of St Andrewes, Mr David Blake and Mr
Robert WaUace, men of rair and exceUent gifts and sinceritie, wer
removed from St Andrews, and Mr George Glaidstanes, ane of the
Commissioners, a young man, far inferiour everie way to the for
mer, was placed in their rowmes ; and one Mr John Rutherfoord,
who, for many just and weightie. causes was depryved of his minis-
trie be the Presbitrie of Saint Andrewes, as a most pernicious
instrument in procuring dissention betwixt his Majestie and the
ministrie, was, notwithstanding against reason, sett to his ministrie

362 CERTAINE RECORDS TOUCHING THE
be these Commissioners. Bot most of aU did they bewray their
intention at the succeiding ParUament halden at Edinbrough, the
19th of December 1597, where they procured ane act to be maid,
that sic pastours and ministers as at any tym his Majestie sould
pleas to provyde to the office, place, title and dignitie of ane
Bishop, Abbot or uther Prelat, sould at aU tym therefter have voit
in Parliament, sicklyk, and als frielie as any uther ecclesiasticaU
Prelate had at any tym bygone, as they who ever hes represented
ane of the Estaites of this realme in aU Conventions of the saids
Estaites ; in the whUk Act it is aUso ordained, that whatsoever
Bishopricks presenthe vakand in his Hienes hands, or whUks saU
happen at any tym heirefter to be vaUiand, saU be only disponed
be his Majestie to actuaU ministers and preachers in the Kirk, or
to sic uther persons as saU be found apt and quahfied to use and
exerceise the office and function of ane minister and preacher, who,
in their provisions to the saids. Bishopricks, sould accept in and
upon them to be actuaU pastours and ministers, and according
thereto, sould practeise and exerce the same therefter.
Howsoever the Estaits of this land, moved be his Majestie's
fordward deaUing, and the Commissioners of the Kirks sent, did
yeild to this Act, yet so greathe did they respect the glory of God
in maintenance of their sinceritie, als weUl of the only trew disci
pline and spirituaU government of his House as of the trueth of
doctrine ; that, fearing least this beginning sould tend to the over
throw of the present order estabUshed in the Kirk, whilk they had
sworn to defend, they refussed to conclude any thing concerning
the office of the saids persons to be provydit to the saids Bishop
ricks in their spirituaU poUicie and government in the Kirk, and
whoUie remitted the same unto the King's Majestie, to be advysed,
consulted and agried upon be his Hienes, with the GeneraU As
semblie of the ministers, at sic tymes as his Majestie sould think
expedient to treat with them thereupon ; zet so as they made this
speciaU caution, that it sould be but * prejudice of the jurisdiction
and discipline of the Kirk established be Acts of Parliament
* Without.

ESTATE OF THE KIRK. 363
maid at any tym preceiding, and permitted be the saids Acts
to all GeneraU and ProvinciaU AssembUes, and uthers whatsum-
ever, Presbitries and Sessions of the Kirk. Thus, in his mercy,
did God steir up the hearts of the professours to stand to the
maintenance of that discipline, whilk by the preachours was sought
to be overthrowen.

CAP. VI.
THE POLLICIE USED TO INDUCE THE KIRK TO ALLOW DIVERS
THINGS TENDLNG TO THE STRENGTHENING OF THE FORMER
COURSE AGAINST THE DISCIPLINE.
His Majestie, persaiving that ther was no hope to prevaiU in Par
liament before the GeneraU AssembUe sould first consent to his
purpose, from that tyme whoUie keeped himselff to draw the most
pairt of the ministrie, speciaUie sic as wer Commissioners, to his
mynd, and to have sic only, or for the most pairt, in commission,
as did inclyne his way. Therfor did his Majestie, from that tyme,
stUl keep the Generall AssembUe his selfe, and endeavoured not
only to have the diets therof to depend upon his direction, bot aUso
to have aU things governed in them according to his pleasour ;
therfor did he alter the dyets appoynted by the Generall Assem
bhe at his pleasour, that by consuetud, he might attaine to that,
wherunto be law nor reason he could not : and whatsoever had
beine done to the grieff of good men and harm of the Kirk, be
the Commissioners, for fear to offend his Majestie, (who stUl did
plead their cause,) behoved in the AssembUe to be approved.
Thus, by his presence, the Commissioners wer stUl maintained in
their course against the Ubertie and freedome of the Kirk, the rest
being restrained be his Majestie's authoritie and reverence borne to
his Hienes, oftymes from censuring those things wherewith they
had more then just cause to be greived.
This was evident in the nixt Assemblie, whilk being appoynted
to haid at Stirling, the first Twysday of Maii, was altered, and,

364 CERTAINE RECORDS TOUCHING THE
at his Majestie's command, brought to Dundie the 7th of Mairch
1597 ; in the whUk, whatsoever was done to the hurt of the Kirk
and prejudice of the gospeU, and most exceUent pastours therofin
Edinbrough and St Andrewes, or yet in favours of the worst sort,
as Mr John Rutherfoord, was aUowed ; only the suspension of Mr
Robert Wallace from the ministrie was annuU'd ; yet so as he be
hoved not to returne to his place in Saint Andrewes, bot to serve
in sic uther place wher the Eirk sould think his travaUls to be best
imployed. And aUbeit many just greives wer given in be many
brethrein against their proceidings, yet wer aU ordained to be
buried and put in obhvion, upon pretence of continuing peace and
quyetnes in the Kirk ; the trew cause being the satisfaction of his
Majestie's wiU and desyre. In this AssembUe also, the Commis
sioners obtained, upon the occasion forsaid, ane approbation of
their intention in craiving voit in Parhament for the ministers.
His Majestie, not fully satisfied heirwith, did desyr the Assem
blie to enter mto particular consideration of that matter anent
the Act of Parhament preceiding, touching votting in Parliament,
and to conclude every poynt therof, in respect the form, maner
and haUl circumstances of the persons that sould have voit, wer
reserved be the Estaits to the Assembhe to be accepted or re
fused as they sould think expedient. So at that tyme thrie things
were concluded anent the Kirk's voiting in Parhament as the
Third Estait of the land, and that with great contradiction and
miscontentment of aU the best sort, aU things being carryed
away be plurahtie of a few voits, the number being more regairded
then the weight and valour.
First, it was thoght necessar and expedient for the weiU of the
Kirk, that the ministers, as the Thrid Estait of the kingdome, in
name of the Kirk, sould have voit in Parhament. 2. Concerning
the number of ministers that sould have voit, it was concludit and~
thoght expedient that ffyftie and ane, or therby, sould be chosen
to that effect, according to the number of Bischops, Abbots and
Pryours, that in tyme of the PapisticaU Kirk had voit in Parlia
ment. 3. It was concludit, that the election of them who should

ESTATE OF THE KIRK. 365
have voit in ParUament ought to be of a mixt qualUtie, and so
pairtUe to appertaine to his Majestie, and pairtUe to the Kirk.
The remanent heads of that question concerning their office : who
sould voit in ParUament, videlicet, of the maner of his election, of
his rent, of the continuance of his office, whither he sould be
chossen ad posnam or noght, of his name, of the cautions for
preservation of him from corruptions, and aU uther circumstances,
wer referred to farder advysement of every Presbitrie in particu
lar ; and, therefter, the Synods were ordained to conveine the
first Twysday of Junii, to reason and consult upon the saids
heads, and to choyse out thrie of the wysest out of every Synod,
to be in readines upon his Majestie's advertisment, to convein with
his Majestie, together with the Doctors foUowing : — Mr Andrew
MelvUl, Mr John Johnstoun, Mr Robert RoUock, Mr Patrick
Sharp, Mr Robert Howie, Mr Robert WUkie, and Mr James
Mairtein, at sic day and place as his Majestie saU think expedient,
with power to them to reason and confer ; and, in caise of uniform
agriement of oppinions, to conclude the haiU questions touching
voit in Parhament : Utherwayes, in caice any discrepancie or
variance sould be, the conclusion to be referred to the nixt Gene
raU AssembUe.
Thus did that' work reseive no smaU progresse ; and for the
farder promoving of it, his Majestie, under pretence of the Con
stant Platt, planting of kirks, waitting on Parhament, presenting
of greives, did obtain again that ane commission sould be given
to nyntein, or any nyne of them, to conveine with his Majestie,
and to concur with him in aU the forsaid things ; as aUso to have
power to give their advyse to his Majestie, for preventing aU in-
convenients lyk to faU out in prejudice of the Kirk, and to sitt
and cognosce upon every fact of the ministrie, wherof his Majestie,
finding himself grieved, sould crave redress, and be themselffes to
try and conclude therin, haveing first, for information, craved the
advyse of the most discreit of the Presbitrie wher the person
offendar dweUeth.
This commission being once concludit, dyvers of the ministers

366 CERTAINE RECORDS TOUCHING THE
being greatlie offendit therwith, as bemg the very foundation of
ane oppen tyrrannie ; it was again somwhat restrained in the last
poynt be his Majestie's consent, that the Commissioners sould not
be employed in any sic matter, except it wer first notorioushe
knowen that the Presbitrie wher the offendar had his residence,
understanding the fact, did either neglect the tryaU therof, or
then not satisfie his Majestie with imposition of condigne punish
ment. AU things being thus governed, a learned and reverend father,
Mr John Davidson, did give in ane protestation in his own name,
and in the name of divers uthers, unsuspected brethrein, protesting
that that AssembUe was not ane frie AssembUe, and therfor that
nothing therin concludit to the prejudice of the Kirk sould have
any force or strength. This protestation he desyred to be insert in
the Buikes of the Assembhe ; whilk being resisted be bis Majestie,
the Assembhe, for fear to offend his Hienes, did discharg the Clark
to insert the same in the Buikes of the Assemblie.
The nixt Assembhe being appoynted to hauld at Aberdein the
first Twysday of Juhi 1600, was, be his Majestie, altered from
Aberdein to Montrose, and from the first Twysday of Juhi to the
eightein of March, wher the advyse and proceedings of the Com
missioners from Synods conveined, according to the ordinance of
the preceiding AssembUe, with his Majestie at Falkland, the 25th
of Juhi 1598, to resolve upon the remanent heads, touching voit
in Parliament, being produced and considered so farr as they had
resolved, was aUowed.
First, Concerning the maner of his election who sould have voit
in Parliament, it was ordained, That he sould first be recomendit be
the Kirk unto the King in forme as foUowes : that is, the General
Assemblie haveing reseived the advyse of the Synods and Presby
tries, wher the person is to be placed, be wrytt nominating sex
aither within or without the bounds of ther Synods, the Generall
Assembhe saU present them to his Majestie, who bound and
obleidged himselff to mak choyse of none uther bot one of the sex
presentit to him, as said is : And in caice, upon just reason of their

ESTATE OF THE KIRK. 367
insufficiency, and greater sufficiency of uthers, his Majestie sould
refuse them aU, then the Kirk was to mak a new nomination, accord
ing to the number foresaid, out of the whilk, without farder refusaU,
his Majestie sould be obleidged to make choyse of one whom the
Synod sould admitt ; with this caution, that if ther wer ane within
the bounds of the Synod als meit as these who sould be named
without, he sould be preferred.
Second, Anent his rent, it was concludit he sould be provydit
be his Majestie to the superplus of the benefice wherto he sould
be preferred, the haiU Kirks within the same being first sufficient-
lie planted, and the schooles and coUedges aUreadie erected not
prejudged of their rents and donations.
Third, Concerning his name, it was concludit, be uniform consent
of aU the brethren, that he sould not be caUed Bishope, etc., bot
the Commissioner of sic a place for the Kirk, according to the
Synod or Presbitrie, or pairt of the land wher he sould be admitt
ed ; with this condition, that if the Parliament could not be induced
to acknowledge that name, the GeneraU Assemblie therefter sould
conclude that question.
Fourth, Touching the Cautions to keep him from corruption,
there were nyne maid at Falkland, to wit : —
" 1. That he presume not at any tyme in Parhament, Counsell
or Convention, to propone, in name of the Kirk, any thing with
out ane expresse warrand and direction from the Kirk, and sic
things as he saU answer for, to be for the weUl of the Kirk, under
pain of deposition from his office ; and that he neither keep sUence
in any thing, nor consent to any thing in the saids Conventions,
that may be prejudiciaU to the weUl of the Kirk and Ubertie therof,
under the same pain.
" 2. That he saU be content with that pairt of the benefice whilk
¦ saU be given him be bis Majestie for his Uving, not hurting nor
prejudging the rest of the ministers of the Kirks within his bene
fice, planted or to be planted, or any uther minister of the countrey
whatsoever : And this clause to be insert in his provision.
" 3. He sail not deEpidat in any way his benefice, neither mak

368 CERTAINE RECORDS TOUCHING THE
sett nor disposition therof, without the speciaU advyse and consent
of his Majestie and Generall Assemblie ; and, to that effect, .sould
interdyte himselff to the GeneraU AssembUe, neither himselff to
dUapidat nor consent to the dUapidation therof maid be others ;
and sould consent that inhibitions be raised on him to that effect.
" 4. He sould be bound faithfuUie to attend upon his owne par
ticular congregation, wherat he saU be minister in aU the poynts
of ane pastour, and heiranent saU be subject to the tryaU and cen
sure of his own Presbytrie and ProvinciaU AssembUe, as any
uther minister that bears not commission.
" 5. That in administration of discipline, coUation of benefices,
visitations, and uther poynts of ecclesiastick government, he saU
neither usurp nor acclaim to himselff any power of jurisdiction,
farder nor any uther of the rest of bis brethrein, except he be im
ployed be his brethren, under the pain of deprivation; and in caise
he usurp any pairt of the ecclesiasticaU government, the Presbitrie,
SynodaU or GeneraU Assemblie opponing and making impediment
therto, whatsoever he does efter the said impediment to be nuU,
ipso facto, without any declaratour.
" 6. In Presbitries, ProvinciaU and GeneraU Assembhes, he saU
behaiff himselff in aU things, and be subject to their censure, as any
other brother of the Presbitrie.
" 7. At his admission to his office of Commissionarie, thir and aU
uther poynts necessar, he saU swear and subscryve to fuUfiU, under
the penalties forsaids ; utherwayes not to be admitted.
" 8. He saU be bound at everie GeneraU AssembUe to give ane
accompt anent the discharge of his commission since the Assem
bhe preceiding ; and saU submitt himselff to their censure, and
stand at their determination whatsoever, without appeUation ; and
saU seik and obtaine ratification of his doings at the said Assem
bhe, under the paine of infamie and excommunication. *¦
"9. In caice he beis depryved be the GeneraU Assemblie,
Synod, or Presbitrie, from his office of the ministrie, he saU aUso
tyne his voit in Parliament ipso facto, and his benefice saU vaik."
Thir Cautions wer concludit be the Commissioners at Falkland,

ESTATE OF THE KIRK. 369
reserving libertie to the Kirk to add farder as they should think
meitt and have occasion. Unto the whilk, the AssembUe added
these two foUowing : —
" 1. That none of them that sail have voit in Parhament sail
cum as Commissioners to any GeneraU AssembUe, nor have voit in
the same, in any tym coming, except he be authorized with ane
commission from his own Presbitrie to that effect.
" 2. That crimen ambitus saU be ane sufficient cause of depriva
tion of him that saU have voit in Parhament."
The question touching the continuance of his office and com
mission, Whither it sould be for his lyfe, (except a cryme inter-
veined,) or for a shorter tyme ? being left be the Commissioners at
Falkland, in respect of the difference of their oppinions, to this
AssembUe, it was concludit, " That he sould continue bot for ane
yeir, and so sould give compt of his commission resaived from the
Assemblie everie yeir, and lay doun his commission at the feit of
the said Assemblie, to be altered or continued be his Majestie and
the Assemblie, as the Assemblie, with consent of his Majestie, sould
think most expedient for the weUl ^of the Kirk." Howsoever
these things wer thus concludit, with als great circumspectnes as
could be, for avoyding the danger whUk was universaUie feared,
yet no regaird was had in keiping them be sic as efterward were
promoved be his Majestie ; so that it was layed to the chairge of
Mr John Spottiswood appoynted Bischop of Glasgow, therefter in
anno 1605, befor his Majestie, be the Lord Balmerinoch, President,
that he had sworne to observe the Caveats, and had obleidged him
selff to subscry ve them. Neither could his Majestie be weiU satis
fied with him in that matter, untiU he did procuir ane act of the
Presbitrie of Glasgow, testifieing, that he had not subscryved them ;
whilk he presented to his Majestie for his defence, as thoght his
-oath had bein nothing as long as he did not subscryve.
In this AssembUe was renewed again ane commission to so many,
or ony nyne of them, to conveen with his Majestie, for the causses
specified in their comission in the preceiding Assemblie, with abso-
i lute power therin, and speciaUie in trying and cognoshing offences
2 a

370 CERTAINE RECORDS TOUCHING THE
done be any of the ministrie against his Majestie, and punishing of
them as they sould think most expedient for the glory of God
and weUl of the Kirk.
The nixt Assemblie being appoynted to hauld at Saint An
drewes that last Twysday of Juhj 1601, both tyme and place
were efterward altered be his Majestie, and the Assemblie brought
to BruntUland, the 12th of Maij 1601 ; wher the ministrie have-
ing perceaved the great decay that, by the former proceidings
of the Kirk, had cum to religion in aU estaites, and that ther
was no appearance, without speedie repentance and prevention,
bot that, within ane short space, aU sould end in ane oppen de
fection to Papistrie or Atheisme, they laboured both to consider
the causses and remedies of sic inconvenients ; whilk being pro
poned, wer aU outwardhe heard, and resaved and approved be
his Majestie ; bot the remedies whilk wer most necessar left un
practised to this day. And allbeit ane of the greatest and chieffest
causses of the saids inconvenients was the proceiding of the Com
missioners of the GeneraU AssembUe, yet was ane commission at
his Majestie's desir againe renewed to them, with full power, in aU '
the preceiding effaires committed to them befor ; be quhais advyse
and assistance, as in tymes past, so now again his Majestie altered
both tym and place of the nixt Generall AssembUe ; it being ordain
ed to hauld at St Andrewes the last Twysday of Juhj 1602, [but]
it was brought by his Majestie to Holyrudhouse, the tenth of
November, the yeir 1602. At the whilk the inconvenients and
dangers aUreadie fallen out, and farder lyke to ensew, being more
deiply apprehendit be the ministers, they were compeUed in con- ,
science- to insist more earnestUe for remeid therof. And to this
effect the Grieffes foUowing were given in be the Synod of Fyffe/
and craved to be considered and redressed : —
" 1. Anent the disorder in keiping the GeneraU Assembhes, Thaji
they were not ordinarily keiped, notwithstanding of the Acts of
Parhament, Acts of the GeneraU AssembUe, and necessitie of the
tyme ; bot the dyets therof wer altered, without the knowledge of
Presbyteries and Synods. 2. That Ministers were caUed befor his

ESTATE OF THE KIRK. 371
Hienes Secret CounseU, in prima instantia, for doctrine and dis
cipline, to the great encouragement of the enemies. 3. That the
government of the chieff matters of the Kirk was continued in the
hands of a few under the name of a Commission, to the great pre
judice of the Uberties of Synods and Presbyteries. 4. That the
Doctours bearing ordinar calling in the Kirk, be the discipUne and
custome thereof, were debarred from the AssembUe. 5. That the
AssembUe had taken no tryall anent the Cautions sett down for
avoyding corruption in the Commissioners votters in the ParUa
ment." These Greiffes, besyds divers uthers, being considered, the sub-
! sequent Remedies were enacted, with his Majestie's consent : — Con
cerning the first, it was found, That the GeneraU AssembUe sould
be appoynted and keiped according to the Act of Parhament
halden at Edinbrough the 4th of Junij 1592 ; the tenour wherof
was insert 'in the ordinance of the Assembhe, ordaining the Gene
raU Assemblie to be halden everie yeir or ofter, as occasion sould
requyre, and the tym and place to be appoynted for the nixt Gene-
' raU Assemblie in the present Assemblie, be his Majestie or his Com
missioner, being present with the Assemblie, utherwayes be the
AssembUe themselffes, according as it had bein in use and custom
to doe in tymes past ; and so all power taken from the Commission
ers in tyme to cum, to alter or delay the dyets of the said Assem
blie. Touching the second, it was agreed, That his Majestie sould
proceid against ministers, according to his Majestie's own Declara
tion, inacted in the GeneraU AssembUe at Dundie 1597, wherin it
was agreed that his Majestic sould craive redresse befor the Pres
bitries and Commissioners of the Kirk, in whatsoever he sould be
offendit. As for uthers who did sumond the ministers to appear
befor the CounseU for exerceiss and execution of discipline, it was
,- promissed be his Majestie in the AssembUe at Montrose, the 18th
of Mairch 1600, sessione tertia, according as it is there registrat,
That no letters sould be direct from the Secret CounseU at the in
stance of any persone, against any minister in particular, or any
Presbitrie in generaU, for whatsoever thing he or they sould doe
2 a2

372 CERTAINE RECORDS TOUCHING THE
in the execution of his or their offices, before the person requyring
the saids letters sould produce ane testimoniaU under form of in
strument de denegata justitia, of the minister or Presbitrie judges
ordinar. For remedie of the thrid, it was ordained, That aU Com
missions suld be given and used, from that tym foorth, according
to the Acts of the GeneraU Assemblie. Anent the fourth, it was
found, That Doctours had and might have voit in GeneraU Assem
blies, being authorized with Commission, according as was declair
ed and inacted in the Generall AssembUe at Edinburgh, the 10th
of Maij, sessione sexta, 1586, and at [Glasgow, April] 1581, wherin
it was decerned, that Doctours sould concurr with the remanent
elders, ther brethrein, in all Assemblies. The fyfth greiff, touching
the tryaU of the observation of the Caveats and Cawtions, was
slenderlie ansuered ; becaus it behoved to be so, and no more [was]
ordained, bot that the Caveats sould be looked to, and preceisely
keiped in tym coming, under the paines contained in the Acts
maid thereanent. And so aU bygone enormities and insolencies
in the persons of the saids Commissioners past bot ony cen
sure or correction. Yet the smaU beginning that was at that
tyme, and indeavour to have things redressed, and the Kirk again
restored to her wonted libertie, was ane of the causses whilk mov
ed both his Majestie and the Commissioners of the Kirk to labour
together to stay aU GeneraU AssembUes in tym coming, for fear
lest the said reformation intendit, being prosecut, sould. utterly
imped their purposes, not only begun, but now greatly promoved ;
as aUso, lest the saids Commissioners, being caUed to their ac-
compt, sould suffer the just deserved punishment of -their iniquitie
against God and his Kirk ; whilk now had growen to a great height,
to the unspeakable grieff and dolour of the best sort, and fearfuU
decay of the glory and beawtie of Christ his kingdome, and libertie
of the GospeU. ,
Bot so farr did his Majestie's authoritie (notwithstanding of the
saids inconvenients) prevaill, that at the said AssembUe, ane com
mission in most ample maner was renewed again to so many, or
any nyne of them ; who, for the most pairt, wer aU chossen be his

ESTATE OF THE KIRK. 373
Majestie's advyse, of these same men who had bein and stUl con
tinued to be the cheiff instruments of the overthrow of the libertie
of the Kirk, for their own ambitious desyre of preferrment and
gam. At the desyre aUso of his Majestie, the nixt Assemblie was
appoynted to be halden at Aberdein, the last Twysday of Jullij
1604. Here first the AssembUe, without dew regaird of the pre
judice that theron would foUow to the libertie of the Kirk, did con
sent to his Majestie, (so much did they respect his pleasour, con
trair to the Act of ParUament and Act of the Assemblie then
presently maid, for haulding of AssembUes every yeir once at
least, ane continuaU practeiss constantlie observed in tymes past,)
that the nixt Assemblie sould not be tUl the last Twysday of JuUij,
in the yeir 1604, at Aberdeen.

CAP. VII.
THE CAUSES MOVING HIS MAJESTIE, AFTER HIS GOING TO ING
LAND, TO CONTINUE IN HIS FORMER PURPOSE AND PROJECTS
TO ACCOMPLISH HIS DESIRE.
Heirafter feU out that great work of God's singular mercie and
kyndnes towards his Kirk, ever with thankftdlnes to be remembred,
of the peaceable possessing of his Hienes with the impyre and
dominion of the whoU Eland, whilk did procuir his Majestie's
goeiiig to England : at whose departure from Scotland, (the cheiff-
est ground being removed, in the peaceable calling of his Majestie
to the Crown of Ingland, whUk was thought to be the principaU
motive that did hold his Majestie forward in the former course
for procuiring Uniformitie betwixt the two Kingdomes, and, by
uniformitie, ane more easie entrie to the possession of the other,)
the Kirk in Scotland was left in great hope and expectation of
ane peaceable enjoying of her libertie by his Majestie's promeiss
and protection, and of the ceaseing of aU practisses against the
same by his Majesty's procuirment.
Yet his Majestie, coming to England, did find a strong faction of

374 CERTAINE RECORDS TOUCHING THE
the Bischops and their adherents for maintenance, not only of their
antichristian Hierarchie, bot of the vylest ceremonies, whereby the
sincere worship of God by humane invention was filthihe poUuted,
and for refuissing therof the most learned, rehgious and hoUie pas
tours to be violenthe put from their caUings, and by them made
odious to the licentious, and maliciousUe notted with the name
of Puritanes by these who indeid are enemies themselffes of aU
Christian pureness, and do hold the Kirk of God, (whilk, by his
blood he hes redeemed from bondage of aU ceremonies,) under a
most vylle servitude, endeavouring heirby, according to the con
clusion of the Apostle, (Gal. v.,) " to obhge themselves to the fuU-
fiUing of the whoU law, and so to mak Christ to proffeit them no
thing." His Majesty finding this kingdom in this disposition,
althogh it yet remained in that staite of outward worship, wherin it
had beine left by King Hendrie the Eighth, who had not so much
abolished Poperie as the Pope, or, rather, had only transferred the
PapaU supremacie from the Pope to himselff; and albeit his
Majestie did find yet stiff the said supremacie of authority over aU
persones in aU causses, maintained in the person of their Princes,
and the worship of God howsoever purged from that grosse idol-
latrie of the breaden God and expiatorie sacrifice, yet stUl attyred
in the hvray of the robber, and busket and adorned, or rather, de
formed" with the adulterous and whoorish ornaments, form, fashion,
shaip and covering resaved from that Mother of fornications, the
wyne of the wraith of whais whoorish fornications aU nations had
drunken ; and this Kirk might justhe, with Tamar, by the vaiU of
her face, be judged a whoore ; — yet not the less esteeming it danger
ous in his beginning to entend great novations, aUbeit both the ,
earnest longings of the saints therfor expressed, and his own honor,
did lead him to reformation, he was forced by the said faction to
imbrace another course for his own peace, greathe fordered therto'-
by those of Scotland that had so farr imbarked themselffes in that
wickednes ; so that not only was he maid to favour the Estaite of
Bischops, bot, against his resolution uttered at his first coming ther,
to tak be the hand that pest both of Kirk and Commonwealth,

ESTATE OF THE KIRK. 375
Bishop Bancroft, his own particular enemie, and in his heart a
knowen enemie to the trueth, notwithstanding he had befor oppen-
he spoken and wrytten against his Majestie's undouted right to the
Crown of Ingland ; who shortlie efter, by flatterie and bribes, did
get himselff maid Primat of England, to the great greiff of all
guid men and unspeakable hurt of the Kirk.
The course so going in England, it did encourage the saids per
sons in Scotland to prosecute ther intentions, being so favoured
be his Majesty. So farr was his Hienes sett to promo ve the
Union of the two Kingdomes, that becaus he was maid to judge it
difficUle to reduce England to a conformitie in religion to Scot
land, he inclyned to suffer Scotland to be brought to ane unifor
mitie, at least in government, with England. And for the accom
plishment heirof, the first cair was, to have such in commission
from ParUament, as, in treatting about the Union, sould aggrie to
that poynt ; the nixt was, to stay the GeneraU Assemblie tiU that
change sould be concluded in ParUament, and so the saids As
sembhes utterlie abrogate : the first being stayed at the Parlia
ment haulden at Edinbrough, the [3d] of Maij 1604, be the op
position of the nobiUitie maid to the Lords of the Articlles, who
for the maist pairt were purposhe chossen out of these new favou
rites ; the noblemen of ancient blood esteiming the matter to ap-
pertaine more to them than these men, who had no farder respect
to the weUl of the kingdome then sic as might stand with ther
privat advancement, and promoving ther credit for estabhshing
ther present authoritie, the Bishops aUso being now knowen to
have joyned with them to the overthrow both of the Estaite of
Kirk and PoUicie. Wherof advertisment being maid to his
Majestie be post, for avoyding of farder troubUe, his Hienes did
continue the Parhament tUl the [11th] of Julij therefter; at
what tym his Majestie did send ane roU of sic persons as he spe
ciaUie requyred to be appoynted Commissioners, the greattest
number being of the forsaids persons ; uthers being aither sic
as were knowen Papists, or adjudged sic as wer whollie governed
be them ; [and there] were joyned with them a few that had some

376 CERTAINE RECORDS TOUCHING THE
regaird to the libertie of Kirk and Kingdome. Heir was ther no
way left toihe ancient blood of the kingdome to eschew either his
Majestie's offence or the endangering of the Kirk and kingdome,
but one, quhilk was the resisting of the taxation sought for bear
ing chairges of sic as sould be sent, offering to releiff the countrey
of that burdein, if they were permitted to send, in that earrand,
sic persones as they sould nominat.
The forsaids CounseUors and Bischops seeing such difficultie,
that either they must depairt from their purpose, or goe without
furniture, they did aU agrie to bear their own chairges, far by the
expectation of aU men, if they had not looked for recompence.
Heirupon the ParUament, seeing no uther remedie, for prevent
ing the best they could the utter overthrow both of Rehgion and
PoUicie, did in their commission make speciaU exception of rehgion,
government, discipline and jurisdiction of the Kirk, and aU lawes
maid in favours therof, according as it was presenthe established
and practeised within the kingdome : that the Commissioners
sould no wayes meU * therwith, to mak any change or alteration
therof. Secondlie, In matters concerning the Commonwealth and
PoUicie, they did give no power to conclude any thing, bot only
to confer and advyse, reserving the conclusion of aU things to the
Estaits conveined again in Parhament. The uther poynt touch
ing the Assemblie, the Bischops and Commissioners, with his
Majestie's Comissionar appoynted not long befor, the Laird of
Lawrestoun, did labour to effectuat. Therfor they did send
tlieir letters from Perth, at the tym of the said Parhament, to aU
Presbitries, for staying the Assembhe at Aberdeen untUl the
first Twysday of Julij, quhilk was the second day therof in the
yeir 1605, or sooner, if advertisment sould be maid. The tennour
of the letter followes : —
" Ryght Honourable Brethrein, — Efter our heartiUie com
mendations, being conveined heir in Perth, my Lord ControUer cam
befor us, declairing among uther articllcs given to his Lordship be
* Mell, meddle.

estate of the kirk. 377
his Majestie m Commission, wherwith we were acquainted, that it
was his Majestie's wUl, that the GeneraU AssembUe of the Kirk,
quhilk was appoynted to be haulden.at Aberdeine this month, sould
be continued tiU new adverteisment cum from his Majestie, and
quhUl this matter of the treating of the Union wer put to som poynt,
desyring us to acquamt the haUl Presbitries of Scotland, that they
might be mformed not to direct ther Commissioners to Aberdein ;
and being advysed whither it was better to mak you adverteis
ment be proclamation or be letter, we thought this the best way,
to give you adverteisment be our letter, and to acquaint you with
his Majestie's wUl, that ye may stay your meitting till the first
Twysday of Julij 1605, or soonner if ze be adverteised * : as also to
desyre yow, according to our former letter, to send in to Edin
broughe, with aU dihgence, betwixt and the first of August nixt,
your contribution for the Kirk of Geneva, if as yet ye have not
sent it. Ye know Hendrie Nisbet is appoynted to resaive the
same, who wiU delyver an acquittance of his resaite, wherwith ze
saU content yourselves, as of whom we have taken assurance that
he saU returne us the dischairge of the agent of Geneva, presenthe
lying at Londoun, togither with ane discharge from the Syndex
and Kirk of Geneva. We look for your satissfaction in this mat
ter as ye will show your obedience to his Majestie, who hes recom-
mendit that Kirk to us. Nocht els, bot commits you to God.
From Perth the 4th of Julij 1604.
"- Your loving brethrein the Commissioners of the GeneraU
Assemblie, and in our names,
" Alexander Straitoun, Commissioner.
" Mr Patrick Galloway.
" Mr Richard Thomson,
Clerk to the Commissioners."
* In a note added in the Book of the Universal Kirk, it is stated, that the copies of
this Letter purposely " differed in the day ; in the missives directed to the North, was
appointed the second day of July ; in the missives directed to the South, the fifth day :
Therefore some came the second day and some the fifth day." (vol. iii. p. 1013.)
The above Letter in Forbes's MSS. by mistake is signed James, instead of Alexander
Straiten of Lauriston, who was Commissioner.

378 certaine records touching the
The Presbytries, aU except St Andrewes, notwithstanding that
tlieir purpose against the discipUne of the Kirk was sufficientlie
persaived, and that by these letters they had given evident testi
mony of ther insolent usurpation over the house of God, against
the Act made in the Assemblie at Holyrudhouse, the [13th] day of
[November] 1602, above specified, and that they understood that
the conscience of their iniquitie against the Kirk of God, and most
zealous and faithfull of the ministrie, did make them to fear ther
just deserved punishment, if the AssembUe had haulden ; and aU-
beit, the necessitie of the tyme most necessarly requyred the same,
for repressing the dangerous schismes arysing be the saids Com
missioners procuirment, the growth of impietie and contempt of
religion in aU pairts, the dayUe increass of idoUatrie, and apostasie
oppenhe avowed, under hope of immunitie from the censure of the
Kirk, by their appellation from Presbitries and Synods to the Ge
neraU Assemblie, quhilk was never expected to hauld ; yet for aU
this, the Presbitries, becaus the said Commissioners did outward
ly dissemble their intention, and did father all upon his Majestie,
to testifie how farr they were sett to pleasour his Majestie,
yeildit to the said continuation, in hope, by information to his
Majestie, to obtaine the haisting of the GeneraU AssembUe to
a nearer day.
cap. vni.
OF THE DILIGENCE AND EARNEST ENDEVOURS OF THE MINISTRIE
TO PRESERVE AND MAINTAINE THE LIBERTIE OF THEIR ASSEM
BLIE AGAINST THE POLLICIE AND CRAFT OF THE BISCHOPS AND
COMMISSIONERS.
Allbeit diverse meanes were used before to procuir the haisting '
of the Assemblie, both be Synods and Presbitries imploying di
verse of the saids Commissioners to that effect, and yet in vaine ;
they did make diverse supplications to his Majestie againe, be the
same mediatours : bot without all fruit. So that, seven tymes at

ESTATE OF THE KIRK. 379
least, first and last, humble suit was made in this matter, first be
the Synod of Fyffe, quhilk eamestUe dealt with Mr John Hall, last
Moderatour, before Mr Patrick GaUoway then Moderatour, in his
absence with his Majestie, to wryte to the King for hasting the
GeneraU Assemblie ; who reported again that he had done so, bot
could not obtaine it. Secondlie, The Presbitrie of Edinburgh did
wrytt to Mr Patrick GaUoway to intreat his Majesty heirin, who,
after diverse delaying answers, at last sent word that he sould
cum home to keep ane Assembhe ; bot efter his home-cuming no
effect foUowed. AU this was befor the forsaid continuation.
Wherefore the Presbitrie of St Andrews, considering more deiply
the danger of the said delay, did direct in comission to Aberdeine,
Mr James MelvUl, Mr WiUiam Murray, and Mr WiUiam Erskine;
who coming there, and finding no convention of their brethrein
from the Presbitries, for dischairg of their dewtie to God and his
Kirk, did make publick Protestation in form and maner as efter
follows : —
" At Aberdeen, the last day of Julij," &c.
[See this Protestation in Calderwood's History, vol. vi.,
pp. 264-268.]
Therfor, heirefter the brethrein in the North finding themselves
speciaUie prejudged be the said delay,— the Assemblie being pur-
posly appoynted to hauld among them, for repressing the insolence
of Papists in the North Countrey, for planting of noblemen's
housses and cheiff places with a ministrie meit to doe the work of
the Lord, to prosecute the remedies of defection set doun in the
Generall AssembUe at BruntiUand, to cause the lait reconceaUed
Papists perform the conditions agreid to be them, — they being con
veined in ther ProvinciaU Assemblie at Aberdein, and consider
ing the continuaU progresse and growth of the forsaid inconve
nients, did send certaine Commissioners to the SynodaU Assem
blie of Fyffe, be their advyse, to deaU with his Majestie's Commis
sioners, for obtaining of ane short dyet to the Generall Assemblie
at his Majestie's hands ; as likewise, to procuire a meitting with

380 CERTAINE RECORDS TOUCHING THE
the Commissioners of the GeneraU Assemblie, that by mutuaU
conference in love, the present jealousies might be removed, the
future dangers prevented, and a perfyte union wrought among
the ministers : Who coming to Saint Andrewes and deaUing
as said is, the Laird of Lawrestoun, his Majesty's Commis
sioner, promeised to convein the Commissioners of the GeneraU
Assembhe, (albeit, some of themselffes, speciaUie Mr James
NiccoUson, being eamestUe requisted heirto be the said breth-
reine of the North, did wUlfullie refuise aU meitting with them) ;
and, therfor, willed all the provinces to joyn their request, and
mak supplication to his Majestie be him and the saids Commis
sioners, and it sould be obtained ; and to this effect, appoynted the
day of October the same year, at Perth, to conveine
befor his going to Court.
The quhilk day, Commissioners being conveined from many pro
vinces of the kingdom, did most earnestlie desyr a loving confer
ence with the Commissioners of the GeneraU Assembhe ther con
veined with the Laird of Lawrestoun for the causses forsaids ; bot
they obstinatlie refuissed to enter in conference with them.
Wherupon the said Commissioners from provinces, finding no
uther remedie, resolved to wait some better opportunitie of peace
now constantlie refuissed be them ; and for the present, leaving
uther things, for eshewing of farder distraction, thoght good to
make supplication with them, and be them, with the Laird of
Lawrestoun, to his Majestie, for obtaining ane GeneraU Assemblie ;
quhilk was promeissed be him, and expected bot aU in vaine.
Moreover, the Synod of Lowthian, at two severaU tymes, maid
humbUe suit for ane Assembhe to his Majesty, bot could prevaUl
nothing. And, last of all, what purpose these Commissioners of the Gene
ral Assemblie with the Laird of Lawrcston had, notwithstanding of
ther former dissimulation, was cleirlie manifested be the Laird of
Lawrestoun, eftcv his return from England, in the Synod of Fyffe,
haulden at BruntiUand, the [last] day of [April] 1605, where
mention being maid of the Generall Assemblie appoynted the

ESTATE OF THE KIRK. 381
second of Juhj at Aberdein, and of directing Commissioners ther-
to, the Laird of Lawrestoun stronghe withstood it. Wherupon,
the AssembUe desyring that the tym and place only might be ap
poynted, how long or short soever, that the Kirk might be put out
of suspition and jealousie of lossing their Assembhes, and of dis
possessing them of so necessar a priviledge, he could be moved for
no intreatie to grant it ; so that ther neided no man be ignorant of
their purpose and intention to abrogat and utterly abolishe the
GeneraU AssembUe of the Kirk, whenas neither could [would] they
condiscend that the dyet appoynted sould be keiped, nor yet would
designe any uther dyet therefter. At this tyme, besyde these that
wer constitute befor, and Mr John Spottiswood, who was maid
Bischope of Glasgow, a litle efter his Majestie's going to England,
the remanent Bishoprickes were provided and fiUed with Commis
sioners. Mr George Glaidstaines was changed from Caitness, to
be Archbischop of Saint Andrewes ; Mr Gawin HamUtoun was
maid Bischope of Galloway ; Mr James Law of Orkney ; Mr
Andrew Knox of the Eles ; Mr Alexander Forbes of Caitness ;
Mr Alexander Douglas of Murray ; by whom, and the remanent
Commissioners with them, the ministrie of the North, finding
themselffes depryved of their expected comfort of the GeneraU
AssembUe, and greatlie impedit, partlie by them, and partlie
by the CounseU, in ther own lawfull proceidings with the cen
sures of the Kirk against the Marques of Huntlie, who had
oppenlie avowed a new apostasie and defection from the trueth,
and was becum a recusant, not only by certaine of the saids
Commissioners familiarly accompanying him, countenanceing him
in his wickednes, reasoning in his favour, and pleading for immu-
nitie to him ; bot by their poUicie, act, and ordinance, wiUing them
to desist from persewing him, and personall chairge of the Coun
seU summonding to compeir befor them to hear themselffes or
dained to desist, and publictUe dischairged of the CounseU be cop-
pies of proclamation at the mercat crose of Aberdeine, inhibiting,
under pain of rebeUion, to proceid against him ; quhilk letters pur-
chassed be the Laird of Lawrestoun, without any warrand from

382 CERTAINE RECORDS TOUCHING THE
his Majestie, to the great grieff of aU good men, and no small con
solation of the wicked, quhais favour these persons did Ebour to
conciliat, being assured to find none of the best sort for strengthen
ing their course ; — finding themselffs, I say, thus on every syde
hardUe straitted, they resolved to send to his Majestie to lament
these just greiffes, being assured that these things could not pro-
ceid of his Majestie's direction ; and so directed their brother, Mr
John Forbes, in commission to pass to his Majestie with expedi-
tione ; who, notwithstanding that he was preveined be the Mar
ques of Huntlie, (who hearing of his dispatche took post towards
his Majestie to preoccupy his mynd,) yet being most gratioushe
admitted to his Majestie's presence the third day efter his com
ing and favourabUie heard, returned with great comfort to his
brethrein ; his Majestie haveing plainhe signified his miscontent-
ment with the said proceiding of Lawrestoun, as done without
any warrand from his Hienes, and declairing his constant purpose
and resolution no wayes to mak any alteration of the discipline
and jurisdiction of the Kirk, and ordour of government quhilk he
had left established behind him in Scotland ; making his Majestie's
mynd knowen to the Kirk be his own letter, of his unfained affec
tion to the trueth and constant resolution to doe and direct them,*
and giving strait direction to the CounseU, by ane uther letter, to
be so farr from resisting the authoritie and jurisdiction of the Kirk,
that, be the contrairie, they sould hauld hand thereto, that no dis
obedience sould be tollerat, no not in the NobiUitie themselffes,
bot that the lawes sould be seveirly execute against them.
The hearts of aU were greatUe comforted, and their myndes re
freshed, with these glaid and gracious newes, being fuUie assured
that these foresaid persones did most unjustlie attribute and ascryve
their devyces and doings to his Majestie, who, of himselff, was in-
clyned to mak no change, if he had bein freed from their importunat
faschious importunitie, by continuaU posting to Court, without
any conscience of ther calling, and the fordward deaUing of the
Bischops of England in that matter, with whom the Bischops in
* Gibson's MS., "to live and die therein,"

ESTATE OF THE KIRK. 383
Scotland, according to the example of Adamsone, sumtyme
Bischop of Saint Andrewes, bussied themselffes more then be
came good Christians, let be faithfuU Pastours, against the Uber
tie of the Kirk of God in that kingdom and countrey, pairtlie
in presence, and pairtUe by inteUigence, mutuaUy intertained
in absence.
Upon this knowledge of his Majestie's good mynd and intention,
the Kirk assuredly hopped to have found no impediment to their
nixt Assembhe, the 2d of Julij, at Aberdein; his Majestie haveing
given so fuU assurance of his constant resolution no wayes to mak
any alteration of their government, and haveing removed aU op-
pinion of any intention in his Hienes to stay or imped their ordi
nar meittings, desyring nothing more then the peace of the Kirk ;
quhairof he desyred the said Mr John Forbes, be ane instrument,
by indevouring to procuir aU things to be done in quyetnes
and peace : quhilk the said Mr John promeissed to doe according
to his power. These were aU the promeisses maid be him, as he
reported at his returne, upon his Majestie's own desyre ; quhairin
quhat dewtie was broken by his Commissioner's proceidings at
Aberdein wUl efterward appear.
CAP. IX.
THE CONSTANT GOING ON OF COUNSELL AND COMMISSIONERS IN
THE INTENDIT PURPOSE.
Notwithstanding of the former speciaU declaration of his Majes
tie's mynd to the ministrie, and particular direction sent to the
CounseU, neither CounseU nor Commissioners rebaited ought in
their course. Bot efter the Commissioners, for the more easie ac-
comphshing of their purpose, had removed these persons out of the
way, whois authoritie and faithfullnes did most hinder their wicked
devysses ; as, namelie, that most reverend father Mr Eobert Bruce
from Edinbrough, to the unspeakable miscontentment not only of
his flock, bot of all good men, (sic was their insolent tyrannie

384 CERTAINE RECORDS TOUCHING THE
over the Kirk of God,) as efterward aUso Mr Robert Howie from
Dundie ; they being conveined at Edinbrough the 8th of Junij
1605, resolved again to stay the GeneraU AssembUe; and to
this effect sent their letters, subscryved be the Laird of Lawres
toun and Mr Patrick GaUoway, to aU Presbitries, in forme as fol-
lowes : —
" Brethrein, — Our heartiUie salutations premitted, upon his
Majestie's warrand direct to us in Julij last, we gave yow adverteis
ment of the continuation of the GeneraU Assemblie tUl the fyft of
Julij ensewing ; since quhUk time we have humblhe requested his
Hienes, at diverse tymes, for holding of the said Assemblie, and
haveing resaived answer, under his Majestie's hand, that befor the
Parliament the same cannot be permitted: Quhairof we have thoght
meitt, be thir presents, to mak yow advertissed, and to desyre yow
to stay your Commissioners from keiping the said djret, because it
is his Majestie's pleasour; against quhilk, if we sould attempt any
thing we might irritat his Majestie, and give occasion to sic ques
tions as we would have eschewed, bot we could not profeit our
selves any thing. And, therfor, we requeist yow to tak the con
tinuation in good pairt, and assure yow we ar and sail be als
earnest for ane AssembUe as any in the Kirk or countrey saU be,
and saU doe our utter power and travaUl for the maintaining of
the Uberties of our Kirk in everie thing ; quhairin we doubt not
bot ye wUl schow yourselves conformable. We have heirin also
insert the article direct by his Majestie : — Anent the GeneraU
Assemblie we cannot resolve, in respect of the busines that is
in both the realmes, befor the approaching ParUament ; bot this
being endit, we sail have occasion to advyse and direct the most
expedient for the weiU of the Kirk." And sua we committ yow
to God.
" From Edinbrough, the seventh day of Junij 1605.
" Your Brethreine the Commissioners of the GeneraU
Assemblie.
" Lawrestoun.
" Mr Patrick Galloway."

ESTATE OF THE KIRK. 385
Thus did they both cast the dyet of the Assemblie in ane
uncertaintie by desiring ane jindeflnit prorogation, against all law
and preceiding exampUe ; and, farder, by polUcie in poynting out
a wrong day, craftUlie indeavouring to bring the brethrein to the
slipping of the lawfuU day, and to involve them in the guiltines of
ane unlawfuU convention upon ane day not designed. Yet the Laird
of Lawrestoun and remanent CounseUors of that sort, justlie fear
ing the weaknes of this letter, thoght meitt to direct chairges for
staying of the said AssembUe ; quhUk were delyvered for this pur
pose to the Laird of Lawrestoun.
About this tyme Mr John Forbes, being in Edinbroughe, and
hearing that sic chairges wer ordained to be used, went to the
ChanceUour *, and, efter sum conference in that matter, the Chan
ceUour condiscendit to stay the chairges, and only to use ane letter
of requeist, upon the said Mr John his promeiss to imploy his cre
dit with his brethrein, for procuiring that no more sould be done in
that Assemblie, except only ane continuation of the effaires of the
AssembUe to ane uther tyme ; quhUk letter he promeissed to send
with one of his owne, and not with Lawrestoun ; the said Mr John
Forbes willing him to doe so, justUe fearing the Laird of Lawres
toun, as being whoUie addicted to the pleasour of the Commis
sioners. Thus did Mr John Forbes, according to his promeiss to
his Majestie, for staying aU farder occasion of trouble quhilk might
aryse be so violent opposition to the disciphne of the Kirk ; as lyk-
wayes to keep the Kirk in possession of her own privUedge, yet
so as aU just occasion and matter of any offence sould be taken
away, nothing being done bot the dyet continued, t that therefter
the Commissioners might bewray themselffes plainhe (if they con
sented not therwith) that they wer seiking more themselffes then
his Majestie, and the establishing of their own tyrannie by the utter
overthrow of the discipline. Howsoever in that buik, intituUed
" A Declaration of the just causes of his Majesties proceeding
against those Ministers, who are now lying in prison, attainted of
high Treason. Set foorth by his Majesties Counsell of his king-
* Alexander Seaton, Earl of Dunfermline. f '• *¦ Delayed.
2b

386 CERTAINE RECORDS TOUCHING THE
dome of Scotland," * Anno 1606, (pp. 5, 6, 7,) ther be meikle spoken
of the indevour and bussines of wicked men, for crossing his Majes
tie's mynd and guid intention by secret suggestions, plotting,
&c. ; yet this is aU that bussines quhilk any of these that conveined
at Aberdeine did use in that matter, aUthogh it had beine nothmg
amisse, aUbeit in so weightie a matter, upon so manifold occasions,
they had manifested sum greatter fideUitie and watchfullnes then
they did.

CAP. X.
OF THE ASSEMBLIE HAULDEN AT ABERDEIN AND PROCEEDINGS
THEROF.
The Presbitries and Synods, (sum haveing no wayes seine the
saids letters of advyse, befor the Commissioners chossen and direct
be them to Aberdein, wer depairted to keep the dyet,) did, upon
the first letter of continuation direct to them from Perth by the
Commissioners the yeare of God preceding, elect their Commis
sioners. Uthers, haveing resaived the letter a very few days befor
the dyet, compairing the informaUitie of the last letter of continu
ation with the warrands of the GeneraU AssembUe, Act of Parha
ment, and Act of the Assembhe at Halyrudhouse forsaid, and
necessitie of the tyme, thoght themselffes more obleidged to obey
the saids statutes and lawes then the naked advysse of these men,
contrair therto in their letter, wherby they usurped power, not only
of altering and delaying the dyets of the GeneraU Assembhe
against the ordinance at Halyrudhouse, bot of casting the Kirk by
the uncertaintie of aU futur ordinar meitting, according to law and
custom inviollablie observed hitherto, (be leaveing both tym and
* The above is the title of the official Declaration, which was " Imprinted at Lon
don by Robert Barker, Printer to the King's most Excellent Majestie. Anno 1606,"
4to, pp. 45. It is inserted in Calderwood's History, vol. vi. p. 419. A counter-state
ment, says Dr M'Crio, was published by the Ministers, under the title of " Faithful
Report of the Proceedings anent the Assembly of Ministers at Aberdene," printed in
England in 1606. (Life of Melville, vol. ii. p. 116.)

ESTATE OF THE KIRK. 387
place undesigned, *) in danger of forfaulting their hberty and
loosing their AssembUe. Therfore they elected ordourhe their com
missioners, and sent them to keip the said Assembhe ; sum the
2d of Juhj, haveing persaived the fraud of the last letter in name-
ing the fyfth day ; uthers, not marking the said errour, directed
their commissioners to the fyfth day. Quhairupon it feU out
that the AssembUe haulden the second day, be sic as were direct
therto, was so rare, that they [were] not exceiding the number of
nineteen commissioners ; and that the rest, who wer direct accord
ing to the last fraudulent letter,! did not cum to Aberdein tUl the
fourth and fyfth dayes, efter the Assemblie was dissolved. And
sum Presbitries, being casten in doubt to be dissappoynted in
respect of the diversitie of dyets designed in the two letters,
did stay from sending their commissioners, aUbeit they had
chossen them.
Upon the 2d of Juhj, ther assembled, from dyvers Presbitries
and provinces, Mr Robert Durie, Mr Andrew Duncane, Alex
ander Strachan, Mr John Sharp, Mr John Monro, Mr David
Raitt, Mr Charles Ferme, Mr WUliam Forbes, Mr James Irving,
Mr Robert Youngson, Mr John Forbes, Mr Archibald Black-
burne, Mr James Rose, Mr Robert Reid, Mr WiUiam David
son, Mr David Robertson, Mr Alexander Scrogie, Mr John
Rough, and Mr James MiU; of whom, efter sermon maid be Mr
James Ross, minister at Aberdein, sic as were present therat,
conveined in the Kirk with the Laird of Lawrestoun, who was
there present, and supposing diverse brethrein to be hindred in
their journey by injurie of weather, (being extraordinar, in respect
of the tym of yeir,) in hope and expectation of their coming, by
mutuaU consent both of Lawrestoun his Majestie's Commissioner
and them, they continued their downsitting tiU two houres efter-
noon ; at quhat tym they meet in the session house within the
Kirk of Aberdein, and sanctified their meitting in the name of
Jesus, by prayer to God be Mr David Raitt, Moderatour of the
Synod of Aberdein, in absence of Mr Patrick GaUoway. At quhat
* Unappointed. t See foot note to p. 33.
2 B 2

388 ' CERTAINE RECORDS TOUCHING THE
time the Laird of Lawrestoun, coming in and sitting doun among
them, did mak no impediment to their assembhng, as thoght it had
bein a privat conventickUe, seditiousUe, contemptuouslie or in
disdaine of his Majestie's princeUe commandement and authoritie
royaU, convocat as in the forsaid buik of " Declaration" is aUedged,
p. 17. Bot efter he had signified his good wUl and favour in not
useing any chairge against them, albeit he might have done so,
to stay their meitting, he did present ane missive letter from the
Lords of the Secreit CounseU, showing that he had rather chossen
to use their friendly requeist, in hope it sould be obeyed. Thus
first was the condition maid with Mr John Forbes broken be the
ChaunceUor, in sending this missive with Lawrestoun.
The letter being presented, becaus it was direct on the back in
thir words, — " To our traist Freinds, the Brethrein of the Minis-
trie conveined at their Assembhe in Aberdein," — it was layed asyde
untill Mr John Forbes was chossen Moderator, be consent of Law
restoun first nameing him to that effect. The forme of the proceid-
ing herein with Lawrestoun, and in the rest of that action, because
it is descryved afterward at length in the Declaration of their pro
ceidings sent to his Majestie, we leave it to that place, only spe-
ciefieing heir the principaU things done at this tyme. The letter,
efter the election of the Moderatour, was redd, the tennour quhairof
was as foUowes : —
" Traist Friends, — Efter our hartiUie commendationes: Hear
ing that ye have appoynted ane AssembUe to be haulden and keiped
ther at Aberdein, in the month of Julij nixt to cum, quhairby the
King's Majestie may take some occasion of offence against yow,
seeing neither [has] his Majesty bein maid privie to your resolu
tions, nor yet hes his Hienes consent and aUowance bein sought
and obtained to that effect, according to the law and custome in-
violablie observed thir many yeires bygane : We have therefore '
thoght meit heirby to advyse yow to considder of this matter, as
appertaineth, and wyslie to forsie quhat prejudice sic rash and un-
advysed proceidings may draw upon yowr estaites. For we are per
swadit, if ye proceid to the haulding of this Assemblie, without his

estate of the kirk. 389
Majesty's approbation and allowance, that his Hienes will very
hardhe digest that matter, and wiU accompt the same as ane con
tempt touching his Majestie in a heigh degrie. And, therfor, it is
our wUl and pleasour, and we think it meit and expedient for your
own weUls, the peace of the Kirk, and for entertaining and cher-
rishing of that Christian harmonie quhilk sould be betwixt his
Majestie and yow, that ye dissolve yourselves, repair every one to
Ms owne home and caUing, and suffer this meitting to desert ; and
afore ye appoynt any new meitting and Assemblie, that ye acquaint
his Majestie therwith, quhairby, as ye saU testifie your obedience
and conformitie to his Majestie's will and his lawes, swa we doubt
not bot his Majestie, upon your own suit and supplication, will in
reason give yow contentment and satisfaction heirin. We have at
greatter length communicat our mynd in this matter to the Laird
of Lawrestoun, one of his Majestie's Privie CounseU, who will at
lenth impart the same to yow. And swa we committ yow to God.
" From Edinbroughe the twentie day of Junij 1605.
" Your good friends, Montroise, Commissioner.
Alexander,* CanceUarius.
Blantyre,! Secretar.
J. CoCKBURNE.f
John Prestoun. § "
By this letter, besydes other preceiding reasons of the lawfull
authoritie of that meitting, it may be judged, if it may be trewly
aUeadged, or yet according to the CounseU's own opinion and
knowledge at that tyme, that the Ministers proudlie, seditiouslie
and most falslie termed and maintained their convention to be a
GeneraU Assemblie ; the letter being direct to them conveined at
their Assemblie, and desiring that it sould dissolve without nomi-
* The Lord Chancellor, Alexander, Earl of Dunfermline, see p. 385.
t Walter Stewart, Commendator of Blantyre, and created Lord Blantyre.
t Sir John Cockburn of Ormiston.
I § John Prestoun of Fentonbarns, afterwards Lord President.

390 certaine records touching the
nation of ane uther day. Heirin again, condition and promeiss
maid be my Lord ChaunceUour was violat, in that it being agried
that a continuatione sould be maid to ane uther tyme, the letter
[did] inhibite the appoynting of any day, and so requyred a depart
ing from that privUedge and ordour estabUshed be Act of Parlia
ment, ordained to be observed in aU tym comeing be the ordinance
of the Assembhe at Halyrudhous, with his Majestie's consent, and
heirtofor continuaUie practissed be the Kirk. The Ministers, not
withstanding, concluded to dissolve without treating any of the
effaires of the Assemblie, aUbeit the tyme did most necessarly
requyre that they sould have done utherwayes ; and offered the
designation of the dyet of the nixt Assembhe to the Laird of Law
restoun, according as he pleassed, long or short, upon whose re-
fuissaU, they sett doun their ordinance and answers to the CounseU's
letter. The ordinance was as foUowes : —
" QuhUk letter and desyre therm contained, with the suite and
desyre of his Majestie's Commissioner agreeing therto, being ryplie
considered be the said Assemblie, and haveing weighed the
weightines of the effaires necessar to be intreated,* and rarenes of
their own number, (dyvers of the Commissioners being stayed by
the tempest of weather,) and willing them, as at aU tymes, to witnes f
their wUlingnes to satisfie his Majestie and Lords of the Secreit
CounseU in aU their reassonable desyres, in swa far foorth as
might stand with the Word of God, and testimonie of a good con
science ; thoght meit and expedient to continue the intreating of
the effaires pertaining -to the said Assembhe to the last Twysday
of September nixt following, and to dissolve for the present, ac
cording to the suit and desyre of the letter forsaid ; and ordaines
intimation and wairning to be maid to aU the Presbitries within
the land to choose their Commissioners, and to send them autho
rized with power, to the said Assembhe to be haulden at Aberdein,
the last Twysday of September nixt to cum, Anno 1605 yeires."
After the quhilk ordinance, his Majestie's Commissioner maid
* Treated of. t Give a proof of.

estate of the kirk. 391
protestation, that from the begining he did not acknowledge their
present meitting for ane lawfuU Assemblie, in respect of the ab
sence of the last Moderatour and Clerk ordinar. The Moderatour,
Mr John Forbes, in name of the brethrein, protested again, that
the said meitting was, and behoved to be, ane lawfull Assemblie,
in respect of the warrand of their meitting, on the said day befor
specified, subscryved be himselff, the direction of the Word of
God, lawes of the land, and continuall custome of the Kirk, and
their commissions from their Presbitries and Synods to. that effect.
Heirupon the Laird of Lawrestoun caused John Wishart, messin-
ger, chairge the brethrein there assembled, to suffer the said Assem
bhe to desert, under the pain of horning. The tennour of the
letters followes : —
" James, &c. — ForsameUdle as aUbeit we have signified our wUl
and pleasour, that We cannot be resolved anent the Generall As
sembUe afore the approaching ParUament, and the Parliament being
ended, that We wiU have occasion to direct that which is maist ex
pedient for the weill of the Kirk ; nevertheless We and the Lords of
our Secret Counsell are informed, that in this meantyme ther is ane
GeneraU Convention and AssembUe of the Ministrie appoynted
to be haulden at our broughe of Aberdein, in the month of Julij
nixt to come, quhairat a number of the Ministrie of this our realme
intends to be present, we being nowayes acquainted and forseene
therof, nor yet our consent and aUowance bein had and obtained
to that effect, according to the lawes, acts, and constitutions maid
theranent, and to the custome observed heirin thir many yeires
bygane ; quhairby our direction and commandment in this matter
wUl be violat, heighlie to the contempt and offence of Us, our
authoritie and lawes. Our wUl is heirfor, and we chairge yow
straitlie and command, that incontinent thir Our letters sein, ye pas,
and in Our name and authoritie, command and chairge the haUl
Ministrie who saU happen to convein at the said AssembUe per-
sonaUie, if they can be apprehendit, and faUyeing therof, be oppen
proclamation at the mercat crosse of Aberdein, that they suffer the
said Assemblie to desert, repair every one to his own dwelling and

392 certaine records touching the
chairge, and that they on nawayes presume and tak upon hand to
convein and assemble themselves togither in ony place, for keiping
of the said AssembUe, under the paine of rebelhon and putting
of them to our home. As aUso, that ye command and chairge the
Proveist and BaiUyies of the said brough of Aberdein, that they
suffer not sic AssembUe, Convention or meitting of the Ministrie
to be keiped within that Towne, as the said Proveist and BaiUyies
will answer to Us and our Secreit CounseU, upon the dewtifuU dis-
chairg of their offices. The quhilk to doe," &c.
This chairge being delyvered be John Wishart, subscryved be
him, to the Moderatour, redd and considered, the Moderatour, at
command of the brethrein, took note and document in the hand of
the said messenger, being ane ndttar-pubhct, that they wer readie
instanthe to obey the tennour of the said chairge. The said mes
senger refuissing the benefite of his office in that pairt, the Mo
derator, with the rest of the brethrein, efter incalling of the name
of God, dissolved, and depairted out of the Kirk for obedience to
his Majestie's chairge, and went directlie to the Common Clerk's
wrytting chalmer of the broughe of Aberdein, and tuik notes and
instruments of their obedience to the command and chairge of the
saids letters in the hands of the Common Clerk forsaid, and uther
two nottars with him ; the tennour quhairof foUowes : —
" At Aberdein, the second day of Juhj, the yeir of God 1605
yeirs, in the Common Clerk's wrytting chalmer of the brough of
Aberdein, at half-hour to fyve, efternoon, or therby, in presence of
his connottars and witness underwritten, compeired personaUie the
Commissioners of the ministrie of this realme efter foUowing : —
They are to say, Mr Robert Durie, minister at Anstruther; Mr
Andrew Duncane, minister at Carrel ; Mr John Sharp, minister at
Kilhnanie ; Mr Alexander Strachan, * minister at Creich; Mr John
Forbes, minister at Allfoord ; Mr WiUiam Forbes, minister at
* In Forbes's MSS. some of these names are incorrectly written, both here and at
page 387 : viz. Ilewingstoun for Youngson ; Straquaine for Strachan ; Baith and
Zifith for Baitt ; and Koch for Rough.

ESTATE OF THE KIRK. 393
Kinbethok ; Mr James Irwing, minister at Touche ; Mr Robert
Youngson, minister at Clat ; Mr Robert Reid, minister at Ban-
chrie-Trinitie ; Mr Charles Ferme, minister at Fraserbroughe ;
Mr WUliam Davidson, minister at Rathin; Mr David Robert
son, minister at Longley ; Mr John Munro, minister at Tain ; Mr
David Raitt, minister at Machar, and PrincipaU of the CoUege
of Old Aberdeen ; Mr Archibald Blackburn, minister at Aber
deine ; Mr James Ross, minister ther ; Mr John Rough, minister
at Nig ; and Mr James MiU, minister at Innerrowrie ; and aUedg
ed, that they being conveined in the session-house of the kirk
of this broughe of Aberdeine, this day, as at the appoynted
day and place for haulding of the GeneraU Assemblie of the
ministrie of this realme, they wer chairged be John Wischart,
messenger, be vertew of his Majestie's letters, given be act of his
Hienes Secreit Counsell, of the dait, at Edinbrough, the 20th day
of Junij last bypast, within the space of ane quarter of ane hour
since, that they sould suffer their Assemblie to desert, repair every
one of them to theE own dweUings and chairge, and that they
on no wayes presume, nor tak upon hand to convein nor assemble
themselffes in any place, for keiping of the said Assemblie, under
the paine of horneing, — as the coppie of the saids letters, quhUks
they shew to us, connottars and witness underwritten, subscryved,
as appeared, be the said John Wishart, messinger, proports :*
And that for obedience to the command and chairg of the saids
letters, they instantly, efter the giving of the said chairge, and in-
calling of the name of God, dissolvit without any farder action,
and cam immediatlie foorth of the said session-house and kirk, to
the said Common Clark's chalmer, at the west end of the Tooll-
booth of the said broughe, as to the most publict place, to tak
notes and instruments of their obedience to the command and
chairge of the said letters, and dissolving of the said Assemblie,
in the hands of us connottars under subscryvand ; and heirupon,
they craivit and took instruments, day, month, hour, year, and
place forsaid, befor thir witness, Alexander Forbes of Fingask,
* Testifies.

394 CERTAINE RECORDS TOUCHING THE
David Ronaldsoii, John TiUidaff, Mathew Donaldson, John
Kemp, baker, Alexander Thomson, skinner, burgesses of Aber
dein ; Mr George Spence, servitour to the said Mr John Forbes,
and Thomas Forbes, son to Thomas Forbes elder, burges of
Aberdein. (Sic subscribitur)
" Ita est Magister Thomas Mollesonus,
Scriba Communis lurgi de Aberdein Notarius Publicus,
ac testis adprcemissa requisitus.
" Ita est Mr Gulielmus Reid,
Connotarius Publicus, in prcemissis rogatus et requisitus
ad hcec manu sua.
" Ita est Walterus Robertson,*
Connotarius Publicus, in prcemissis rogatus et requisitus,
testatum his meis signo et subscriptione manualibus."
Heirafter they departed every man, and conveined nowayes
again in any uther pairt for haulding of the said Assembhe. The
answer quhUk they made to the Lords of Secreit CounseU's letter,
and sent to them, was as follows : —
" the spirit of grace, wisdom, and of the fear of the
lord, be in and upon your lordships for salutation.
" Having in aU reverence resaived, redd and considered your
Lordships letter direct to us with the Laird of Lawrestoun, we
have therto conformed ourselves in our proceidings, so far as pos-
sibUie we aither might or could with the testimonie of ane good
conscience ; for aUbeit we were heir lawfuUie assembUed not upon
any privat appoyntment of our owne, bot upon the lawfull warrand
of God's Word, the lawes of this land, custome of the Kirk, and
speciaU direction of his Majestie's Comnussioner, the Laird of
Lawrestoun, and Mr Patrick GaUoway, Moderatour of the last
GeneraU Assemblie, with consent of the remanent Commissioners
t In the Mt>. Roteon, for Ro'son, or Robertson.

estate of the kirk. 395
therof, sent to us hi wryt, quhilk we have, and saU be in readynes
to produce, to justifie that we have not assembled ourselves with
out his Majestie's consent and aUowance, and so no wayes unad-
vysedUe, nor hi contempt of his Majestie ; yet notwithstanding, for
satisfieing of your Lordships desyre, whom in the Lord we are and
saUbe about aUwayes to obey, we have desisted, and, upon the sight
of your Lordships letter, resolved to desist, from intreating, rea
soning, votting, or concludmg any of the weightie effaires, quhilk
our caUing, and necessitie therby layd upon us, in so necessar ane
tyme, did inforce us to, and did conclude to dissolve ourselves and
depairt to our own particular chairges, only appoynting ane uther
day for our AssembUe, quhairunto we have continued aU things ;
quhUk, as it can minister no just occasion of offence to his Majestie
nor your Lordships, so it was most necessarlie requyred of us for
dischairge of our dewtie to God, the Kirk, and our own consciences,
lest by the testimonie of aU these thrie we sould be found and
judged the very first and only abrogators of the lawfuU jurisdiction,
Ubertie and privUedges of the CounseUs of God's house, for order
ing therof, — quhUk our deserting of this present Assemblie, without
affixing ane uther particular day therunto, had plainhe imported ;
and farder, we sould have bein found manifest oppeners of ane gap
to the oppen breach and violation of the lawes and statutes of this
realm. QuhUk being considered be your Lordships, we doubt not
bot your Lordships wiU apprehend and weigh, how both unneces-
sarly, unadvysedlie, and unjustUe, such wrong sould have bein used
against us be the Laird of Lawrestoun, as to have execute any
chairge of horning, for obtaining that, quhairunto we had aUreadie
given aU humble obedience, at the suit of your Lordships letter
and requeist. Swa looking that our obedience saU purchase your
Lordships favourable asistance, at his Majestie's hands, to mak his
Hienes reason to be satisfied, and favourabhe to permitt unto us
the Ubertie estabUshed, both in the Word of God and his Hienes
lawes, we hairtUlie and humbUie committ your Lordships, and aU
your proceidings, to the mercifull direction and protection of God.
" From our Assemblie at Aberdein the 2d of Julij 1605."

396 certaine records touching the
Let the indifferent Reader here judge quhat aither schow of dis
daining his Majestie's authoritie and royaU comandments, or ap
pearance of contempt, was herein committed be the Ministers,
quhUk justlie might minister matter of offence to his Majestie, as is
aUedged in the forsaid book of " Declaration," page 14 ; let be of
avenging himselff by justice, and the ordinar course therof upon
them; and quhat aither justice, or ordinarie course therof, was
keeped by these that efterward did persew them so extraordinarhe,
as wUl appear in the proceidings following : or yet quhat strange
errour they had faUen in, or aberration, that by such extreamitie
they behoved to be caUed bak again to the path-way of obedience,
who as yet had faUen in no schaddow of disobedience : and if there
be any thing in this haUl course, either to be pitied, or esteimed
abominable, whither it be not raither in those who, being judges
professing Christ, did so pervert justice against the servands of
Christ, for doeing his wiU and work of their ministrie : or, if it be
in the ministrie, whither it be not rather in sic as, contrair to
their calling and lawes of the land, did associat themselffes in
judgment with those counseUors, against their brethrein, as in the
historie of their trouble subsequent wiU appear.
Upon Thursday the 4th of Juhj, by reason of the forsaid deceit-
fuU errour of the Commissioners letter, cam to Aberdein, sent to
keip the Assemblie, from the provinces of Air, GaUoway, TividaUl,
Lowthiane, Mr John Welsh, Mr NathaneeU EigUes, Mr James
Greg, Mr John Young, Mr Thomas Abernethie, Mr Archibald
Sympson, Mr NathaneeU Harlaw, and Mr Abraham Hendersoun ;
who, finding the Assemblie dissolved befor their coming, resaived
ane authentick coppie of the processe therof, subscryved be Mr
John Forbes, Moderatour, and Mr John Sharp, Clerk, delyvered
unto Mr John Welsh be the said Mr John Forbes, and past to the
place quhair the Assemblie was haulden, and took note and instru
ment, that they were come according to their commissions, to have
keiped the said Assemblie with their brethrein ; bot finding it dis
solved befor their coming, and haveing resaived ane just coppie
of the proceidings therof, subscryved lawfuUie be the Moderatour

estate of the kirk. 397
and Clerk, they, for fulfilling of their commission, protested and
took instrument that they, in their own names, and in the names of
those who did send them, ratified and approved the haul proceid
ings of the said Assemblie.
On Fryday the fyfth day of Juhj, cam John Ross from the
Synod of Perth, in lyk maner direct to the said day, upon the un-
spyed errour of the Commissioners letter ; who haveing heard by
these who cam the day befor, quhat had bein done, did in lyk
maner, in the place quhair the Assembhe was halden, tak instru
ment of his approbation, in name of these who sent him, both in
words and substance, agrieing with the former.

CAP. XI.
A SHORT NOTE OF THE CALUMNIES UTTERED IN THE FORESAID
DECLARATION AGAINST THESE MINISTERS FOR THEIR MEITTING
AT ABERDENE.
These are the persons who conveined out of eight sundrie
Synods ; this was the maner and form of their conveining ; and this
is the substance of aU their proceiding ; quhilk hes bred such mis
contentment, and hes bein with so violent a hattred both of Coun-
seUors and Commissioners, so extreamly persecuit in the persons
of these men ; aUbeit nothing was done by them except a new dyet
appoynted, [and] aU things therto continued.* Concerning the
persons of them who conveined, they wer such as to whom their
brethrein wer not ashamed nor affrayed, (quhatsoever opprobreous
show of the unworthines, inabUhtie, and smaU gifts, in these per
sons is made in the foresaid book of " Declaration,") to committ the
credit of so grave a commission in so weightie a matter ; God so
disposing for his own glorie, who wUl have the praise to himselff
alone, of that power and wisdome, quhairby, in the most weak and
vyUe, he does magnifie himselff against the power and wisdom of
this world ; when as yet sould appear, that quhatsoever exceUencie
* Delayed,

398 CERTAINE RECORDS TOUCHING THE
of power is found in them upholding them, in so grevious tryeUs,
quhairwith he was to exerceiss them, was not of themselffes bot
of God, in whom alone aU creatours sould glorie : quhairof, if Chris
tians in thir dayes did rightlie remember, and wer not raither led
by nature then by grace, they would not have so, in respect of the
persons depryved God of his just praise, in reproaching the pro
ceedings, becaus of the persons, seeing it pleasses the Lord to mak
his power perfyte through weaknes. Bot so it is indeed, that these
persons are most content to rejoyce in their infirmitie, reproaches,
persecution and anguish for Christ his sake, that his power may
dweU in them, and his vertew [be] maid manifest in their weaknes,
leaving it so to uthers to glorie in themselffes for that quhilk is not
their own. Yet may it appear strange, when sic persons of sic
inabUlitie, unworthines, and smaU gifts, could so overruUe (as is
aUeged in the " Declaration") the rest of their pure [poor] brethrein,
and get such advantage over them by reason of their simphcitie,
(too simpUe indeid if by such they sould be overruUed,) as to have
them in a maner tyed to their girdles, to consent to any thing
quhatsoever. This farr is knowen, that if these men had bein so overruUed
with a burning desyre of vain glorie, that they would labour to
mak themselffes famous, as by the foresaid " Declaration" is affirmed,
they neided not foUow that burner of the Temple of Diana, haveing
oft refussed the chieffest preferments, whilk now are so greediUie
imbraced be these who, stryveing to cover their infamie, and to
escaip the just deserved punishment of their shamfuU perjurie and
apostasie from the sinceritie of the gospeU, have with that temple
burner, sett fyre in the Hous of God with spytfuU violence, seiking
the overthrow of their brethrein, whose lawfuU proceidings, accord
ing to the established and daylie practeissed order of government
of this Kirk, did somewhat imped their resolutionj by overthrowing
therof to induce * the abjured and damnable disorder of that anti
christian Hierarchie.
Surelie if his Majestie's purpose was, conforme to his Hienes
* Gibson's MS. has, " to bring in and set up."

ESTATE OF THE KIRK. 399
lawes, his most Christiane profession, oath and subscriptione, to
maintaine that Government quhilk in his foresaid Act of Parlia
ment, 1592, is acknowledged be his Hienes and his Estaites to be
most just, good and godhe in the selff ; quhUk only in thir respects
must neids be most comeUe, and aUso most able, both to preserve
puritie of trew profession, and to procuir the establishing of a
sohde peace and quyetnes in this Kirk ; ther can be no envy nor
grudging, at the progresse of such a good matter, espyed in these
Ministers who conveined at Aberdein, neither any purpose to
hinder or crosse so good a work, bot, by the contrair, ane earnest
intention, and purpose, and desyre, to maintain and preserve the
samen. Bot if the authors of the said " Declaration of the Just
Causses of his Majestie's (or rather, their own) Proceiding against
those Ministers," do understand by that solid and comlie order,
that quhilk was not so much his Majestie's purpose, as their advyse
and intention, by abohshing of that only just, good and godly
jurisdiction and government of this Kirk, to bring in again, — that
image of the Beast, most fit, indeid, for the impuritie of their
profession, (and so it appeares they mean by these words, in their
own reassons, in their Declaration, " puritie of our profession ;") in
that caice these Ministers are no wayes to deny their purpose
and endeavour, to the uttermost of their power, both in his Majes
tie's presence and absence, to resist sic iniquitie, albeit neither be
secreit suggestion, false calumnies, plotting or combination, bot by
oppen profession and declaration of the trueth, and testification
and maintainance thereof, according to their oath and covenant
maid with the Lord of Lords and King of Kings, in most lawfuU
and orderUe maner, conform to their caUing ; quhilk, indeid, is the
trew cause of such extreame rigour used against them be these
CounseUors, who, in their declaratione proponing aU things in gene
raU, without specifieing in particular quhat is the government
be the ministrie impugned, do subtillie insinuat in the mynds of
the simple ane suspition of some unlawfuU opposition maid be
them to his Majestie's lawfull and godUe intentions, knowing that
if they had opened up the particulars, they sould have maid their

400 CERTAINE RECORDS TOUCHING THE
own iniquitie manifest and Christ's ministers innocencie evi
dent to aU men. Bot leaving aU things to the " Declaration,"
quhilk their proceidings efterward saU make of their mynd to the
Eeader, we cum to that quhilk ensewed ; for the quhUk we have
speciaUie sett down the former description of the Estaite of the
Kirk in this land.

THE SECOND BOOKE.
CONTAINING THE IMPRISONING OF THE MINISTERS
THAT WER COMMISSIONERS AT THE ASSEMBLIE OF ABERDENE,
TOGETHER WITH SUCH THINGS AS FOLLOWED THEREAFTER,
UNTILL THE PARLIAMENT OF PERTH, AND
BANISHING OF THE MINISTERS.
CAP. I.
TOUCHING THE IMPRISSONMENT OF THE SEX MINISTERS COM
MITTED TO THE CASTELL OF BLAKNES.
The Laird of Lawrestoun, fearing that the Commissioners,
whose authoritie did now cease, sould be aU meanes procuir his
disgrace, becaus he had suffered the Assembhe to be fensed, and
ordourhe continued to ane new day, be advyse taken in his return
ing southward to Edinburgh, did privUie resolve to suppress the
charge given personaUy to the Ministers, and instead therof, did
cause the officer indorse, as thogh the letters had bein publictlie
execute at the mercat crosse of Aberdein, against the Ministers,
on Monday the first of Juhj, befor their Assemblie ; heirby to bring
the ministers in danger of rebeUion by a forged and fals execution,
becaus, utherways, he could not sie how to bring aither themselffes
within the compas of a law, or to get their proceidings quarreUed
as unlawfuU. Yet so it pleassed the Lord to govern that matter,
that before his coming to the CounseU, Mr John Welshe, in his
returning home, went to the ChaunceUor ; and he enquyring, Jf
\ there was any act maid against the Bischops and Commissioners ?
he assured his Lordship there* was none maid, neither any uther
thing done except the continuation ; and to verifie that, did show
him the authentick coppie of the proceeding of the AssembUe,
2c

402 CERTAINE RECORDS TOUCHING THE
together with the protestation of their ratification therof, and
informed his Lordship in aU that was done at the Assembhe : —
QuhUk he approved and aUowed, affirming, that if there was no
more done, there was no wrong done ; and that Mr John Forbes
was ane honest man, and had keiped promeiss to him.
Therefter, lykewayes, Mr James Balfour, and Mr Walter BaU-
canquell, ministers of Edinburgh, went to the ChaunceUour, who
being informed, that ane Act had bein maid in Aberdein against
the Bischops and Commissioners, accuissed Mr- John Forbes to
them of break of promeiss ; quhairin, they haveing resolved his
Lordship that no sic Act was maid, nor any thing done, except
the fensing of the Assembhe, and continuing it to a new day, his
Lordship againe approved their proceidings, testifiemg that if there
was no more done, there was no wrong done. Upon this testimonie,
the Ministers being in securitie, and expecting no trouble, the
Laird of Lawrestoun did give in to the CounseU the forsaid forged
chairge and indorsation, and pretended pubhct execution of the
forsaids chairge, containing two witness aUanerhe, * both his own
domesticks, and complaining heavilhe upon the ministers, as con
temners of his Hienes command, adding many uther caUumnies, as
efterward wUl appear, eamestUe dealt with the Lords to direct
ther uther letters for denouncing them to the home. At whose ,
desyr, aUbeit the said pretendit execution was contrair to the
direction given him be the CounseU, at his goeing to Aberdein,
they haveing commanded him to use no chairge, untUl first he
sould resaive answer to their missive letter ; and aUthough it was
against aU preceiding example or practeiss to pas sic ane Ordinance,
the pairtie never being called to answer, and was so maintained
be divers weUl affected of the CounseU ; yet did the forsaids Lords, '
glaid of sic occassion against the Kirk, ordaine letters to be direct^
simpliciter to denounce aU that wer at the AssembUe, the second
of Julij, to the home. QuhUk coming to the knowledge of Mr
James Balfour and uthers, the ministrie in ther pairts, they did
earnestlie travell with the ChaunceUour and remanent Lords, that
* Only.

ESTATE OF THE KIRK. 403
sic a preparative, so contrair to aU lawes and custome, heirto-
for observed, sould not pas against the persons of their brethrein ;
bot they could prevaUl nothing. Quhairupon they maid adverteis
ment to their brethrein in aU pairts, against whom the saids letters
wer direct, that they might repair to Edinbrough for their own
releiff. QuhaEupon, Mr John Forbes coming from the North,
and finding diverse of the rest of his brethrein in Edinbrough,
they resolved to give in ane supphcation to the CounseU, desyring
to be hard in that matter, and ane day appoynted to them to heir
and sie the said pretendit chairge and execution reduced and im-
proven as fals and forged, and lykwayes their reasons, quhairfor
no sic chairg could nor ought lawfuUie to be direct against them
in the execution of their calUngs, wiUing and requesting the Lords,
in the mean tym, to suspend their forsaid ordinance allreadie maid
in their prejudice, and execution of the letters of horning against
them to be stayed.
WhUl they were conveined for penning of this supphcation on
Thursday the 25th of Julij, the Lords of the CouncU and Commis
sioners of the Kirk understanding that Mr John Forbes was come
to the toun the night before, they conveined themselffes be sex
hours in the morning, to wit, the Earle of Montrois, Great Com
missioner ; the Earle of Dumfermhng, Lord ChaunceUour ; the
Earle of Dumbar, Lord Thesaurer ; the Laird of BaUmirrinoch,
Lord President ; Sir John Skene, Lord ControUer, and Sir Tho
mas HamUtoun, Lord Advocat, Knights ; the Laird of Lawrestoun;
and with them some of the forsaids pretendit Commissioners, of
whom some had resaived the style and title of Bischops, Mr
Patrick GaUoway, Mr John Spottiswood, Mr John HaU, Mr James
NicoUsoun, Mr Andrew Lamb, Mr James Law, a mixture in judg
ment of civill effaires in CounseU, uncouth,, unaccustomed, and
heirtofor in this land neither practeissed nor heard of: who directed
ane meassor [macer] to Mr John Forbes, without any chairge,
desyring him to cum and speak with them ; who, coming befor them
and being demandit of certaine questions touching the said Assem
blie, and speciaUie quhat was his judgment touching the lawfuU-
2c2

404 CERTAINE RECORDS TOUCHING THE
nes of it, answered, that it became him not to judge of that actione
quhairin himselff was ane actour, but did, [with] aU humihtie, sub
mitt himselff and proceidings in that whoU Assembhe, to the judg
ment of the nixt GeneraU Assemblie. Yet stUl being urged upon
his privat oppinion, he did give it without prejudice of the judg
ment forsaid, to the quhilk he did submitt himselff in approveing
of the lawftdlnes of that Assembhe. Quhairupon, without farder
occasion, accusation, or conviction of any offence or cryme, he was
commanded to enter in waird in the CasteU of Edinburgh, tiU he
sould be transported to Blaknes. Quhairat he greatlie marvelling,
seeing no mention at aU was maid of the forsaid pretendit chairge,
nor any disobedience therof objected to him, bot only the not
obeying of the CounseU's missive, he demandit of their Lordships
for quhat cause he sould enter in waird. The ChaunceUor answer
ed, Becaus it was the King's wiU. Quhairupon he was delyvered
to the guard and convoyed to the CasteU, quhair he entered in
waird. Therefter, from the forsaid compossed CounseU, a sumonds
was direct with ane meassor, [macer] against Mr John Welsh,
who was not at the AssembUe, bot only was one of these who
afterward approved the proceidings therof, chairging him to com
pear befor the CounseU upon the morne, at sevein houres in the
morning; quhilk summonds was execute against him about nyn
hours, as he accompanied with Mr Robert Durie, Mr Andrew
Duncane, and diverse uther brethrein, wer going to the CasteU to
visite Mr John Forbes.
Thus it may appear, whither of malice against particular per
sons, or of any just occasion of offence in their proceidings, this
trouble was intendit, quhen, passing by those who wer at the
Assemblie, (aUbeit present at that time,) these first were chopped,
who, in the judgment of aU, were knowen to have bein particularhe
mislyked be these CounseUors and Commissioners, for no uther
cause bot that they could not wink at the enimitie of the one
against Christ, nor bear with the cruiked courses of the uther. In
the quhilk dewtie, aUbeit the rest were all alyke myndit, yet,
becaus these two were esteimed of the CounseU and Commission-

ESTATE OF THE KIRK. 405
ers to be most fordward, therfor was then- wraith cheiflie intendit
against them, aUbeit experience therefter did teach them, that there
was no less sinceritie, courage, and constant resolution in the rest
of the brethrein, against their corruption and wickednes, and for
the trueth, then in these two whom they so much feared.
These are they two of whom it is reported in that " Declaration,"
that his Majestie had most just cause of offence against, the one for
his great oversight in former tyme, and that the other had, most
undewtifuUy in that same actioun, maid breach of some promisses,
maid by him unrequyred to his Majestie himselff, very few months
before : the first being spoken of Mr John Welsh, becaus befor
he aUways had, in the most fervent zeal, declared himselff enemie
to quhatsoever intention in King and CounseU quhilk was contrair
to the trueth of God and only trew government of his house.
Quhairupon, efter the foresaid trouble in Edinburgh, raised the
17th of December 1595, as said is, he having both gravely, wiselie
and soUdUe, in great Ubertie and friedom of the Spirit, in the pulpit
of Edinburgh, uttered the counsell and wiU of God to his Majestie
and his CounseUors, not spairing to rebuik their knowen enormities,
was forced for fear of his lyfe, being most hatefrdlie pursewed and
sought for, to escaipe by withdrawing himselff, as the ministers of
Edinbrough were lykwayes forced to doe, for a tym. The other
being meant be Mr John Forbes, who laitlie had bein in England,
and had conferred with his Majestie upon the estait of the Kirk
in Scotland, of whom how unjustlie this is affirmed, the preceiding
narration of his communication with his Majestie wiU evidentUe
declair. Bot what is not frie to these men to speak, who make
no conscience to give out in print impudent forgeries against a
knowen trueth, as the book of the " Declaration of the Causes of
their Proceidings against the said Ministers," doth cleirlie make
manifest to aU who are never so slenderlie acquaint with that
matter. Bot to give one proof for all of their disposition, the ChaunceUour,
notwithstanding of his former approbation of the things done at
Aberdein, and of Mr John Forbes his honestie in keiping promeiss

406 CERTAINE RECORDS TOUCHING THE
therin ; yet, efter report maid to his Majestie, finding that it was
his Hienes wiU to quarreU with that AssembUe, he was not ascham-
ed to lay it to Mr John Forbes his charge, quhen he was befor the
CounseU, that he had broken promeiss to him in that matter : who
being answered be the said Mr John, that promeiss was keiped be
him als honestlie in that errand, as ever was be any with whom his
Lordship dealt during his dayes, his Lordship maid no farder
reply, bot that he had forgot himself then, if it was so. This con
ference betwixt the ChanceUour and Mr John Forbes was marked
and put up in memorie be the Bischops and Commissioners then
present in CounseU, especiaUie be Mr John Spottiswood and Mr
John HaU ; by the quhilk, althogh at that tym they took occasion
to traduce the said Mr John, yet efterward did they take their ad
vantage at his Majestie's hands, to procuir the ChaunceUor his dis
grace, as suspected to be an enemie to the Estait of Bischops.*
That day the Supphcation forsaid, penned be the Ministrie, for
intreating the Counsell to suspend the execution of their ordinance
touching their horning, tUl they sould be heard to improve the
aUedged execution, given in be Laurestoun, was presented to the
Counsell, but rejected and refused to be red.
Mr John Welsh, upon the nixt day, compeiring befor the Coun
seU, because he refuised to give his opinion before he heard the
questions to be demandit of him, was committed to the ToUbooth,
and both he and Mr John Forbes transported the same day to Blak-
nes be the guard, and, according to the direction of the CounseU, in-
clossed straitUe in severaU houses, t and keiped from the companie
ane of uther, and aU other societie quhatsoever, no creatour, except
their keiper, haveing access to them. But efterward, Mr John
Welshe, upon his offer to give his oath upon the poynts contained
in his summonds, the law inhibiting that any sould be compelled
to give his oath super inquirendis, was sent for to Edinbrough, the 2d
* He was suspected by the Bishops of being opposed to their temporalities. A parti
cular account of the affair referred to in the text is given in the 12th chapter of this
Book. f Gibson's MS. " roomes."

ESTATE OF THE KIRK. 407
of August. The quhilk day aUso compeired befor the Counsell, Mr
Robert Durie, Mr Andrew Duncan, Mr Alexander Straquhane and
Mr John Sharp, beeing aU summoned befor the CounseU the said
day ; who aU being examined upon the same tilings quhilk had bein
proponed to Mr John Forbes, thefr answers agrieing aU in one, aU
beit severaUie examined, and being in substance haiUie conform to
that answer given be Mr John Forbes, wer aU commanded to enter
in waird within the CasteU of Blaknes, quhair the said Mr John
was, within the space of twentie-four hours.
The same day conveined the lait Commissioners of the GeneraU
Assembhe at Edinbrough, and notwithstanding of the ordinance
touching their commission maid in the Assemblie at Halyrudhous,
1602, That it sould be given and used according to the Acts of the
GeneraU Assemblie, quhilk plainhe ordained commissions to be
given with limitation, and to continue only to the AssembUe nixt
foUowing ; yet did they tak upon them to convein, censure, and
judge of the Assembhe at Aberdein, the 2d of JuUj, and to con
denme the same ; the brethrein who had keiped it being neither
citted, heard, nor requyred to answer. This did they to maintain
themselffes in their usurped authoritie and jurisdiction, lest, if that
Assembhe of Aberdein sould be aUowed and reput lawfuU, the power
of their commission Umited to the nixt AssembUe sould cease ;
quhilk was the caus quhilk moved them to insist so rigoroushe
against their brethrein, to compeU them to confess their AssembUe
unlawfuU, and so of no force nor effect. Mr John Welsh, Mr
Robert Durie, Mr Andrew Duncane, Mr Alexander Straquane and
Mr John Sharp, according to the forsaid direction of the CounseU,
entred in Blacknes the thrid of August.
This is that superabundance of lenitie and patience aUedged in
the book of " Declaration" forsaid, (p. 14,) used towards these minis
ters, in suffering them to stay so long at home, efter their Assem
blie, befor they wer committed, and spairing of them so long un-
brought to their answer, and superceiding the ordinar course of law
against them': the first two being committed the 25th day and
26th of Julij, and the uther four, the thrid of August. Yet in

408 CERTAINE RECORDS TOUCHING THE
one thing may the said aUeadgance be granted ; for surelie the
course used against these ministers be the CounseU cannot weiU
be caUed ane course of law or justice against them, meikle less
ane ordinarie course of justice, seeing no law, and therfor, no
justice, does permitt that frie subjects, naither suspect of trea^
son, nor convict of any cryme, sould be committed at the Coun
seU's wUl and pleasour aUanerUe. Yet to mak it more manifest
quhat cair these CounseUors had to use the ministers of Jesus
Christ according to justice, they caussed denunce them to the
home upon their forsaid act, procured be Lawrestoun, upon the
false and forged execution, ane number of dayes efter they had
committed them, contrair to aU law or practeiss preceiding.
And aUbeit earnest traveU and moyan was used be diverse of the
ministrie, sent in commission to that effect from sundrie Synods
and Presbitries of the land, as aUso be certaine noblemen, barrons,
and genteUmen, to obtain releiff and deUverie upon cawtione, to the
said ministers in Blakness ; yet could no favour be purchassed to
them, except they would have acknowledged their Assembhe to be
unlawfuU, confesse ane offence committed be them for haulding it,
and be their own judgment and sentence condemn and annuU it.
The CounseU, in signe of their clemencie, hearing of the conso
lation quhilk these ministers enjoyed from God, through their fel
lowship in the crosse of Christ, did give out ane warrand to the
guard, to transport Mr John Forbesse, Mr John Welsh, and Mr
Robert Durie, to Dumbartoun ; quhilk directioun the Lord in his
mercy stayed by his providence, that it was not put in execution,
to their singular comfort. Therefter, the CounseU did pubhsh two
proclamations about the twelff of August, the one dischairging aU
Presbitries to direct any Commissioners for keiping the Assem
blie, appoynted to hauld at Aberdein the last Twysday of Sep
tember, and inhibitting the brough o£ Aberdein, and aU others, to
resaive or admitt sic as sould be sent : the uther inhibitting aU
Synods, Presbitries, Sessions and Ministers, to authorise, approve,
justifie or allow, the Assemblie haulden at Aberdein, the 2d of
Julij bypast, aither privathe or publictly, in their meittings, con-

ESTATE OF THE KIRK. 409
ferences, or sermons ; and that, (besyde uther pretended reasons,)
becaus the said Assemblie was disallowed and condemned be the
Commissioners of the GeneraU AssembUe.
About the sextein of August, befor the proclamation was pub
lished, Mr Hendrie Blythe, minister of the Cannogait in Edin
brough, was committed to Blaknes, becaus in his sermon he had
heavUhe regratted the hard and rigorous intreatting of Mr John
Forbes, and Mr John Welsh, at their first entring in waird. Yet
could not that proceiding stay the Ubertie of uthers, in diverse
pairts of the countrie, in rebuking the iniquity both of CounseUers
and pretendit Commissioners of the Kirk, in committing thek
brethrein, the servants of Jesus Christ, to prisson, they being
naither chairged, caUed, nor convict for any cryme ; quhilk moved
the CounseU to intend the lyk against certaine of them who spak
go, speciaUie against Mr James BaUfour, and Mr Walter Balcan-
queU, ministers of Edinbrough : bot they desisted for fear to pro-
vok farder indignation against themselffes for sic unjust severitie.
At this same tyme, Mr Robert Bruce, who had bein, by the pol
Ucie of the said pretended Commissioners, restrained from his
chairge and ministrie of Edinbrough for the space of five yeirs,
under pretence of wairding him be his Majestie sic a space from
Edmburgh, was committed to waird in Inchgarvie.

CAP. II.
THE SECOND BRINGING OF THE MINISTERS, THAT WERE IMPRIS-
SONED IN BLACKNES, .BEFORE THE COUNSELL, AND LNDEVOUR
OF THE COUNSELL BY INTERROGATOURS TO INTRAPPE THEM,
AND BRING THEM WITHIN THE COMPASSE OF A LAW ; AND THE
MINISTERS ANSWERS.
The answers of the ministers committed to Blacknes concerning
their Assemblie being sent to his Majestie, his Hienes, according
to the information he had resaived, did return his will, directing
certaine Questions to the CounseU to be proponed to the Ministers,

410 CERTAINE RECORDS TOUCHING THE
thinking thereby to bring them by their answers to some incon
venients, as though they could not answer the questions, bot
they behoved aither to condenme sumthing of ther own proceid
ings, or give sum advantage to his Majestie in that qidulk speciaUie
he sought. Heirwith, aUso, did his Majestie send ane letter, con
taining a refutatione of the defence used be the ministers for their
AssembUe, and proveing the authoritie of their meittings to flow
from the Prince, as it is sett doun in the book of " Declaration" ;
quhilk letter the CounseU keeped back from the ministers in waird,
and sent it to the Presbitries, requyreing it to be published in the
pulpits as a trueth so certaine and so sohdhe sett doun, that none
could caU it in controversie. Yet the Presbitries, persaiving how
prejudiciaU it was to their trew Christiane Ubertie, and how httle
besetting the dignitie of the Prince, to pubhshe ane Declaration of
such a stamp, so different from the print of his Majestie's coyne,
and so contrair to his Hienes's both wisdom and pietie, they
refuissed the pubhcation thereof; and be the contrair, some did
pen ane answer to it, oppening up the insufficiencie of the argu
ments therein contained, and, by many reasons, both justifieing the
Ministers proceidings and proving the authoritie of the Assem
blie to be immediatelie from Christ.
The Questions wer sent by the CounseU to the ministers in
Blaknes, the 24th of August, with ane chairge to compeir befor
them at Perth, the 27th day of that same month, to answer to
these interrogatours quhilk foUow : — " 1. What is ane GeneraU
AssembUe ? 2. Whither, in one kirk in one kingdom, at one tym,
there might be two GeneraU AssembUes ? 3. Whither is it not
requyred, that at sic pubhct AssembUes, there be sum Commis
sioners at the least out * of every diocese in the kingdome ? 4. What
number of brethrein, at the fewest, is requisit to make sic ane
AssembUe ? 5. Whither any coming there without commission
may be accepted in the number of the assembled brethrein ? 6.
Whither hes it bein ane usuaU form in the Assembhes, that the
Moderatour of the preceiding Assembhe, efter a sermon maid be
* Gibson's MS. " one."

ESTATE OF THE KIRK. 411
him, did then give over the chairge ; untUl quhilk tym he ever con
tinued Moderatour, and if sicknes impedit him, he then dischairged
himselff therof be wrytt ? 7. Whither does not Mr John Forbes
continue Moderatour, and must he not dishairge himselff therof at
their nixt meitting ; and if so be, upon quhat reason did they pro-
ceid, without the presence of the Moderatour of the last preceiding
AssembUe ? 8. If he was absent without lawfuU excusse, quhairfor
did they not censure him ? 9. If there had bein, in sum uther pairt
of the countrey, the number of als many ministers, at that sam tyme,
quhilk of the meittings sould have been compted the GeneraU
AssembUe ? 10. Whither may the place of meitting appoynted in
the former AssembUe be altered, and be whose direction? 11. For
quhat cause was Lawrestoun, being the King's Commissioner,
removed at their consultation ; who, be his office, sould at aU
tymes ever have bein present at aU their proceidings, and without
whose presence there could be no lawfuU AssembUe ? 12. Why
were they not removed that were upon the lytes to be Moderatour ;
quhilk was ane usuaU and lawfuU forme, ever heirtofor in sic caices?
13. Whidder ane Assemblie may be haulden without ane lawfuU
Clark admitted, or, in caice of his sicknes, ,or just caus of his
absence, by bis substituts ? 14. Whither may a Clark, admitted
dureing his Ufe, be dispossessed be ane new AssembUe, without
sufficient cause of deprivation, and sufficient cognition? 15.
Whither may a Clark serve in that office before he give his oath ?
16. Whither did their new Clark give any oath ? Who was Clark to
the giving of it ? Or quhat record was maid of it ? 17. Whither
doe they think that the presence of two persons only for aU the
bounds lying be-south Forth, containing thretteine shires, besydes
stewartries and baUzeries, and being aUmost the half of the whoU
kingdome, was sufficient eneughe to mak a fuU AssembUe ? 18.
Whither may a new AssembUe, conveined be his Majestie's
warrand, and the lawfuU and ordinarie Clark, disprove and con-
demne all their proceidings at Aberdeine."
The nixt day, efter the chairg and delyverie of the saids Ques
tions, being the Lord's day, Mr Peter Hewet, minister at Edin-

412 CERTAINE RECORDS TOUCHING THE
brough, and James Primrose, scryb to the Secreit CounseU, went
to Blaknes in commission from the Lord President to the ministers
there, promeissing them a dischairge of their appearing at Perth
befor the Counsell, if they would mak a favourable declaration of
their proceidings in their Assemblie, and give discreit answers to
the interrogatours, so as his Majestie must be satissfied and con
tented ; unto whom the answer foUowing was delyvered in wrytt,
to be given to the President, upon condition, that if it wer ac
cepted, an answer with the promeissed dischairge, sould be at them
the nixt day, before the sun rysing : if it wer refuissed, that aU
wayes their wrytt sould be returned to them again at the said tyme,
and not be prejudiciaU to the answers quhilk it sould pleas the
Lord to make them give at Perth : —
" Please your Lordship, we are most willing to satisfie your
Lordship's desyre,' both touching the declaration of our proceidings
in the last AssembUe, the grounds that moved us therto, and our
purpose therin, and aUso touching sic answers as we sould give to
the interrogations at greatter length then this tyme could suffer,
or the dewtie that we ought to God in his worship this day could
permitt. As to the first, this is the trueth, in the sight of God,
that parthe our dewtie to God, according to his Word, in our
caUing ; pairtUe our dewtie to his Kirk, in procuiring the weUlfair
therof according therto, in the lawfuU use of the Uberties therof,
quhilk her Lord hes granted her, quhairof her frie meitings is
ane of the chieff; pairtUe the conscience of that Covenant quhilk
we have sworne and subscryved, binding us to a constant continu
ance in obedience and maintenance, both of the doctrine and disci
pline of this Kirk, according to our caUing ; and lastlie, that
obedience quhUk we ought to our brethrein, who gave us commis
sion to keep the said Assemblie, according to the appoyntment
and direction of the letter send from Perth be the Laird of Law
restoun and the Commissioners of the GeneraU AssembUe, were
the grounds that moved us to goe and keep that Assembhe ; quhUk
Assembhe, and the keiping therof, as we are throughlie resolved,
are sufficientlie approved and warranted be his Majestie's lawes.

ESTATE OF THE KIRK. 413
This is the trueth, in our conscience, of the grounds of our meit
ting. As for the motives, we protest, in the presence of God, there
was neither thoght nor purpose in us to offend his Majestie, let
be to utter any contempt of his Hienes authoritie, bot the fear of
a more then evident irruption upon the lawfuU Uberties of God's
Kirk, and estabUshed order thereof according to God's Word, be
some of our brethrein intending to estabhshe of new that abomi
nable hierarchie of the Romish Antichrist, long since confuted by
the Word of God, abohshed be the lawes, and abjured in our for
said covenant. What we did in this meitting, the proces aUreadie
produced to your Lordship wUl sufficientUe declair, quhairin we
forced the Laud of Lawrestoun to nothing bot that quhilk he did
of [his] own accord.
" As to the Questions, sic of them as are generaU, concerning
the haUl bodie, we think it belongs to the haiU Kirk, to wit, ane
EwfuU GeneraU AssembUe, to defyne and resolve them, (and not
to us who are particular members therof, being now cited as rei) ;
unto the quhilk we have bein, and stUl are readie to submitt our
selves, and our haul proceidings, to be judged according to the
Word of God. As for sic of them as concerns our particular fact, .
as namehe, the 7th, 8th, 11th, 12th, 16th, 18th ; this is our mynd.
[As] to the 7th, Mr John Forbes was Moderatour of the last As
sembhe, and so continewes. It were meitt he sould teach at the
nixt, although it be not absolutlie necessar. As to the 8th,
Answers, He was not censured, becaus he was absent, and becaus
the Assemblie continued [delayed] aU things at the CounseU's
desyre. As to the 11th, He removed himselff wUUngUe, and of
his own accord, the door being continuaUie patent, and nothing
done quhairin his consent was not first craived. As to the 12th,
It is ane indifferent thing, and hes bein indifferentlie used befor,
and at this tyme specialhe, becaus the brethrein resolved to
make choyse of him whom Lawrestoun had named to be mouth.
As to the 16th, He was a minister who had given his oath of
fideUitie to the Kirk, at his entrie, in aU things that pertained to
the weiU therof. As for the 18th, It is answered befor, that we

414 CERTAINE RECORDS TOUCHING THE
are willing to submit ourselves, in our proceidings at that Assem
blie, to the judgment of a lawfuU GeneraU Assemblie, accord
ing to God's Word."
The Ministers, perceiving the drift of these questions, did pur-
poselie eschew the answering of the generaUs, and did so spairing-
lie meU with the particulars, that they might disappoynt the pur-
posse of sic as earnestlie * intendit to bring them in controversie
with his Majestie, m these same things, quhilk they did greatlie t
practeiss to the hurt of the Kirk.
Answer was not returned according to promeiss. The nixt day,
therfor, the sex Prissoners wer convoyed be the guard to Perth the
26th of August. The 27th the CounseU sat, efter the sermon had
be Mr WiUiam Cowper, in great evidence of the Spirit, against the
corruption intendit in the Kirk, and present trouble of the servants
of Christ. The Ministers being caUed severaUie compeired ; first,
Mr John Forbes, desyring that, in that matter quhilk was alyke
pertinent to them aU, they might be suffered joyntly to give their
answers. QuhUk being denyed, efter many reasons why he could
not be haulden to answer after that maner that he was sought, to
sic interrogatours concerning the estaite of the haul Kirk, and offer
ing to give his judgment and privat oppinion extra judicium, for
Christian resolution, to any who, in a Christian maner, sould re-
quyre the same ; it being still urged be the President, to answer as
he was requyred, in respect it was his Majestie's wiU, he did give
in, in wrytt, the answers foUowing, deyysed and penned befor by the
Brethren for that purpose, fearing that they sould be compeUed to
give some answer, or then be given out as despyssers of his Majes
tie's wUl and command : —
" These Interrogatours are of two sorts ; sum are theatick or
generaU, and sum are hypothetick, concerning our own particular
fact ; bot unto neither of them ar we haulden to answer at this tyme
and in this place for the reassons following : —
" 1. Becaus we understand there is no law binding us to doe so.
* Gibson's MS. " craftilie." f Ibid. " quietly."

ESTATE OF THE KIRK. 415
"2. It is contrair to a protestation maid be the Kirk at Perth,
in the GeneraU AssembUe haulden the 4th of Mairch, 1596 ; quhilk.
protestation was admitted be his Majestie, as the Register of our
AssembUe beares, quhairin it was specialhe provydet, That matters
proponed sould be reassoned, votted and concluded, according to
the Word of God and good conscience, in the ordinarie place of the
AssembUe. " 3. Becaus it is agreed upon in the decision of his Majestie's
Questions proponed at the same Assemblie, that doubts sould be pro
poned decenter, at right tym and place, animo cedificandi, non ten-
tandi ; quhilk act we craive to be keiped.
" 4. Questions concerning the generaU Kirk sould not be
answered be particulair persons, haveing no lawfuU calUng from
the gerjeraU Kirk therto, leist they sould erre and prejudge the
Ubertie given be Christ to his Kirk ; and sum of them are aUreadie
decydit be the Acts of the GeneraU AssembUe.
" 5. AUbeit they wer proponed, as said is, and we had a caUing
to answer, we have not had sufficient spaice nor occasion of meanes,
to be sufficiently advysed and resolved in matters of sic weight.
" 6. We are readie, and here we offer, as members of the bodie,
conjunctlie in ane GeneraU AssembUe, to give answer to aU thir
questions, and submitts ourselves and our haUl proceidings in our
last AssembUe to be judged therby, according to the Word of God
and constitutions of the Kirk.
"7. As to the particuUar and hypothetick interrogatours, the
tym hes not suffered us to answer them presenthe ; bot we saU doe
it with aU expedition, in the full declaration of our haul proceidings
at our Assemblie, quhairby, not only hoipping, bot we are most
assured, that we sail sufficientUe content his Majestie against aU the
slanders quhairwith we are burdened."
Thir answers being red, the CounseU urged Mr John to give
direct answers, in particular, to every question ; bot he refuissed
to answer farther nor he had given in be wrytt. Quhairupon, [he]
being removed, the rest of the ministers wer severaUie caUed, and
requyred to answer severaUie to every interrogatour ; bot they aU

416 CERTAINE RECORDS TOUCHING THE
adhered to the common answers given in iu wrytt be Mr John
Forbes. The CounseU caUing for the guard to convoy the ministers back
to their waird, they desyred first to be heard, and, behag admitted,
they humbllie besought the Lords that they would no longer punish
their bodies by imprissonment, they being persons frie be the Ew,
and unconvict in any cryme or offence ; bot if they had any thing
to lay to their chairge, quhairof their Lordships might be judges
according to the law, that they would either, by speedie tryeU, end
their troubUe, or then suffer them to repair to their chairges, upon
sufficient suretie, sic as their Lordships pleassed to devyse, to have
them answerable to the lawes, quhat tym they sould be requyred
upon lawful premonition. This their suit was rejected, and
they delyvered to the guard, to be convoyed the nixt day to
Blaknes. Heirupon they essayed, if they might procuir that favour
as to have libertie for fyfteen dayes, to provyde things necessarie
for their waird, in respect sum of them had bein taken upon the
sudden, without wairning or premonition, and by [beyond] aU ex
pectation were committed, haveing maid no provision, sum being
more then fourscoir of myUes from their dwellings. This request
being allso refuised, they dealt, lasthe, that they might be permitted
for the space of four or fy ve dayes only, to ease and refreshe their
weak bodies, the seikly disposition quhairof long unprissonment
greathe augmented.
Bot aU favour and courtesie being denyed, they wer sent to
waird, and entred in Blaknes the 29th of August. Bot befor
their depairture out of Perth, Mr John Forbes dealt with the Pre
sident, that they might have ane licence granted to sic ane one as
they would send to his Majestie, with the trew Declaration of their
proceidings, for making their innocencie knowen to his Hienes.
The President answered, That he was to goe himselff in person,
therfor they sould neid no Ucence to any ; for if they lyked, he
would carry ought they would send, faithfuUie delyver it, and
report ane answer back againe. This did he, becaus they had re
solved to closse up all wayes, that nothing sould come to his Ma-

ESTATE OF THE KIRK. 417
jestie's eares touchinge the saids ministers proceidings bot be the
Counsell's report. At this CounseU, besyds the Lords, wer pre
sent, joyned with them, of the lait Commissioners of the GeneraU
Assemblie, Mr Andrew Lamb, Mr James Law, Mr Alexander
Linday, Mr Alexander Douglas ; of whom Mr Alexander Douglas,
then Bischope of Murray, with the uther Bischops, to wit, Mr
John Spottiswood of Glasgow, Mr Gawen HamUtoun of GaUoway,
and Mr Andrew Knox of the Isles, and with them, Mr Alexander
Lyndsay, (no Bisohope, bot ane of the Bischoprie commissioners,)
Mr Patrick GaUoway, Mr John HaU, and Mr Robert Pont, aU of
that same sort, went up to Court at that same tyme quhen my
Lord President went up.

CAP. III.
THE DECLARATION OF THE MINISTERS PROCEIDINGS, FOR
CLEARING OF THEIR OWN INNOCENCIE, AND APPEASING OF HIS
MAJESTIE'S WRAITH, SENT BY THEM TO HIS MAJESTIE.
The Ministers, efter their re-entering in prissone, finding that
his Majestie's mynd was alhenated from them, and his Hienes
greatlie offended at their proceidings, pairthe by the misreport and
fals narration maid be the Laird of Lawrestoun, strengthened
be the Counsell, and pairtUe be the uncharitable misconstructing
speaches of the lait Commissioners and new created Bischops
uttered against them and their proceidings, to the great prejudice,
both of their cause and their persons : Therfor, for appeassing of
his Majestie's wraith, and induceing of his Hienes to the favour
able consideration of their innocencie, and pittieing of their per
sons so long imprissoned without any just cause, [they] thought
good to clear themselffes and their doings of the many unjust
eclanders and callumnies quhairwith they were heavUUe burdened
and traduced, by penning the trew Declaration of their haul pro
ceidings in their AssembUe at Aberdein, with ane humble suppli
cation to his Majestie for their delyverie, and for free use of the
2d

418 CERTAINE RECORDS TOUCHING THE
lawfull libertie of their AssembUes given be Christ to his Kirk ;
purposlie eschewing the direct answering of his Majestie's letter of
declaration sent with the questions, becaus it was not sent to
them be the CounseU, and becaus they thoght it not meit to
depairt from their own particular, to the pleading for the generaU,
so established be law, custom, and practeiss, and so sufficientlie
warranting their deid in particular, as grounded therupon, and
agrieable therunto ; neither would they, swa far as they might,
involve themselffes hi unnecessarie questions and debait with his
Majestie, to minister occasion by untymous and unnecessar con
tention to his Hienes, to obtame that advantage agauist their per
sons, quhilk, as yet, their own deid could not minister ; and for
obtaining quhairof the saids Questions wer purposlie devysed; it
being a thing resolved, That the ministers behoved either by just
desert, or then by some shadow and coUour of apparant justice, to
be brought within the compas of ane law ;* becaus it was concluded
as a thing most necessar for the peaceable perfornung of the for
said wicked purpose, touching the government of the Kirk, to put
sum of them out of the way, speciaUie Mr John Forbes, and Mr
John Welsh, of whom there was no hoip that ever they sould be
moved to condiscend, or, in sUence, to toUerat such iniquitie.
For this forsaid cause, immediathe efter then? returning to
Blaknes they penned the Declaration foUowing, and sent it to
the President, who presented it to his Majestie : —
" To the most Meightie, Heigh, and ExceUent Monarch, our
Gracious and Dread Soveraigne James, be the Grace of
God, King of Great Brittane, France, andlrland, Defendar
of the Faith &c, grace, mercie, and peace from God the
Father of our Lord Jesus Christ, be multiphed.
" Pleas your Most Excellent Majestie to vouchsaife a gratious
ear to us in declairing the trew," &c.
* What follows from this to the end of {he sentence is deleted in Swinton's MS. In
Gibson's it stands without any marks of deletion.

estate of the kirk. 419
[For this Declaration, see Calderwood's History of the
Kirk of Scotland, vol. vi. pp. 322-332.]
,Upon the 4th of September the Synod of Fife being conveined,
after long dehberation touching the keeping of the General Assem
blie, appointed to be at Aberdene the last Tuesday of September
then instant, which by open proclamation was forbidden, at length
resolved to send their advice to aU the Presbyteries of the land,
for prolonging the diet of the General Assemblie to the first
Tuesday of May 1606, for eschewing aU occasion of offence, and
speciaUy the appearance of rash and 'hastie proceeding, in reguard
of the foresaid proclamation to the contraries tUl his Highnes were
sufficientlie informed of the truth of aU maters, contrarie to the
false report, wherupon the aaid prooEmation had proceeded ; ordain
ing in the meane time the Presbyteries -of their shires, if any other
better advise louching the keeping of the AssembUe should be sent
from the rest of the Presbyteries by their Commissioners, to
embrace and foUow the same, so farre as might stand with the
honor of God, the Uberties of the Church, and the lawes of the land :
Which advice being with diligence communicated, as it is said, the
continuation was unbraced by all, aud the day by some ; wherupon
the meeting of the AssembUe appointed to be at Aberdene the
last of September foresaid, was made to be of no effect. *

CAP. IV.
THE POLLICIE OF THE COUNSELL TO COVER THEIR WRONG AND
IMPRISSONMENT OF THE REMANENT MINISTERS.
In the mean tyme, whUe this matter is in consultation at London,
the conclusion quhairof we saU heirafter hear, the most pairt of the
remanent Bretihrein of the ministrie, who had been at Aberdein,
* In Swinton's MS. this paragraph is wanting, and in its place there is a part of a
paragraph, which, in Gibson's MS., is to be found in the beginning of Chap. V., and
¦which, following the latter MS., we have transposed to that Chapter.
2d2

420 CERTAINE RECORDS TOUCHING THE
aither present at the Assemblie or at the approbation therof,
being chairged to appeare befor the CounseU the 12 th of Septem
ber, wer continued, to appear the thrid of October at Perth. Mr
Hendrie Blythe was continued still in waird, aUbeit ane warrand
was procuired, 22d September, from his Majestie for his relieff ;
becaus he and his flock refussed the condition craived of them,
quhilk was, that the BaiUies and CounseU of the Canongait sould
be bound under the paine of two thowsand merks for Mr Hendrie,
that in his sermons he sould not mell with the CounseU their pro
ceidings, or ony matter of estaite.
Ane letter allso was send abroad to aU Presbitries from the
ChaunceUour and Secretar, bearing great show of zeaU and good
affection to the trueth, and of fordward cair in them, and readines,
by justice, to suppres the enemies therof; quhilk they did to miti-
gat the mynds of aU men, not a little commoved at their rigorous
and seveir proceedings against the Ministers, without just cause,
and to prevent the dangerous inconvenients quhilk they feared
therupon to aryse. The Letter was as foUowes : —
" Efter our very heartiUie commendations : Quhairas his Majes
tie is credibUie informed that the order taken, be his Majestie's
commandement, with the few number of those of the ministrie that,
contrair to his Majestie's warrand, chairg and desyr of the Coun
seU, attempted to hauld ane AssembUe no wayes aUowed be the
most and best of the Church of Scotland, hes bred sum disquyet-
nes in the mynds of the peoplle, hes armed som of the insolent
sort to despyse and misregaird the ministers, and has imboldened
the Papists to expect impunitie, as if his exceUent Majestie and
his Officers of State sould be so bussied with repressing the enor
mities and unrewhe accidents that have flowed from the last disobe
dience, that their liberties sould be encreassed, and the executing
of the lawes against them sould so cease ; it has, therfor, pleassed
our gracious Soverane, out of the tender cair that his Majestie hes
of the maintenance of that undoubted trueth quhilk his Majestie,
hes ever professed, and for preventing of these inconvenients that

ESTATE OF THE KIRK. 421
of the present jars may aryse, to command us, be these presents, to
signifie to aU the particular Presbitries within this kingdom, that
aUbeit this Uttle handfuU of discontented spirits has done quhat
in them lay to animat his Majestie against the haiU estait of the
Church, that such is his fatherhe love to have the sinceritie of
rehgion established for him and his posteritie to the world's end,
to have the preachours honoured and regairded in their caUing, to
have the enemies rooted out and trodden under foot, and the lawes
execut with aU rigour against them ; that it is his Majestie's gra-
tious pleasour that, as in love he wUl have the factious brethrein
to be corrected, to the terrour of such who may be induced in the
lyk errour, and contentment of the best of the ministrie, who feares
the dangerous events that such enormities may produce, so, in
justice he wUl have none of his subjects in no degrie * to escaipe
their dew punishment, that do presume, in word or deid, to offend,
despyse or contemne any of that profession, meikle less that any of
ane opposit reUgion saU expect any impunitie ; bot upon the decla
ration of the minister, or any uther subject quhatsoever, saU be
caUed and punished in all severitie. According to the quhilk his
Majestie's gracious and princehe commandement, we have thoght
good, be these presents, to signifie unto you his Majestie's royaU
pleasour and our most wUUng disposition, in every poynt, by our
best endeavours to accompUshe the same ; heirby earnesthe request
ing you, that if any subject saU presume to offer any injurie or
wrong to any minister within your bounds, or if any Papist, Jesuit,
or Seminarie Priest, or excommunicat person, saU publictlie or
privatlie have any resett, supphe or maintenance, or favours within
your said bounds, that ze immediathe declair the same to us, or
to his Majestie's Advocats, or to their deputs, under sufficient
information be verification, quhairupon proces may be deduced;
efter the quhUk ye saU not faiU to sie the lawes put in execution
against them, without any spairing, as we saU answer to his Ma
jestie on our highest perrill. Thus not doubting of your charitably
judgment of aU his Majestie's most just and religious proceidings,
* Gibson's MS. " of any degrees."

422 CERTAINE RECORDS TOUCHING THE
foundit upon the remembrance of his deaUing when he was with
you, and of our zealous prosecuting of aU kynd of contempt that
may steinzie * the puritie of your profession, and of your affauld
concurs f with us iu aU things quhUk may tend to the peace of the
Kirk. " From Perth the 27th of August 1605.
(Sic subscribitur)
" Alexander Cancellarius,
Secretarie"
What sinceritie was in their hearts the Lord kicontinent mani
fested, be occasion quhilk fell out at that sam tyme hi the oppres
sion [apprehension ?] of Mr GUbert Broun, sumtyme Abbot of
New Abbey, ane excommunicat Seimnarie Priest, (with whom what
course the CounseU did tak wUl heirefter be manifested) ; anent
whom his Majestie had caused mak proclamation, offering great
gratituds and immunities to any who sould apprehend him and
present him to justice, becaus he was ane knowen notorious idol-
later and seducer of uthers therto ; who now being apprehendit
be the Laird of Cranstoun, accompanied with some of the guard,
was committed be the CounseU to Blaknes, the 1st of October,
bot again transported to Edmbroughe CasteU the thrid of
October, quhair he was entertained upon his Majestie's chairges ;
unto whom the Ministers in Blaknes haveing offered conference
whUl he was there, and haveing entered therin with him, it ceased
upon his refuisall to answer some things proponed be them, quhair
with he fand himselff stf aited, quhilk was thought to have bein
the cause quhairfore he was removed from them to ane uther
waird. t
Upon the said thrid of October, the CounseU being convened at
* Stain. t Honest or upright concurring.
I " Advyse, if ye think good to put in heir, and make mention of the proclamation
maid anent Mr John Hamilton. Thogh it was efter this tym, yet it is of this sort ; for
it seemed they would have had him taken to have suffered sic punishment as the
uthers did." (Author's note on margin of Swinton's MS. There is a line drawn
across as a mark of deletion. The note does not occur in Gibson's MS.)

ESTATE OF THE KIRK. 423
Perth, the Ministers, continued from the 12th of September to that
day, wer caUed, [and appeared, namelie, from the North, Mr John
Munroe, Mr Charles Ferme, Mr James Irving, Mr WUUam Forbes,
Mr Robert Johnstoun [Youngson], Mr WUliam Davidsone, Mr
David Robertsone, Mr Archibald Blackbume, Mr James Rose, Mr
Alexander Scrogie, Mr Robert Reid ; from Dunkelden, John Rose ;
from the West, Mr Nathan EngUsh, Mr James Gregge ; and from
the South, Mr Thomas Abemethie ; *] of whom the first two or
thrie examined haveing given frie and pEine testimonie in ap
probation of the AssembUe at Aberdein? f they and aU the rest wer
continued tUl efternoon, at the desyr of Mr David Lyndsay, then
Bischop of Rosse, who hoped certainUe to induce them aU to ane
disaUowing of the said AssembUe as unlawful ; who, to this effect
conveining with them, affirmed that there was ane Act of Parlia
ment inhibiting expressUe all Assemblies, except sic as had his
Majestie's, or else his Commissioner's, speciaU consent unto them.
QuhUk act the Ministers eamestUe desyring to know, the book
being brought, they kuist up the first Act of the 12th ParUament,
1592, craiving, E that was the act quhairby he meaned ? quhUk
being red, and by his confession found to favour them against
him, he affirmed there was ane uther posteriour act quhairof he did
speak ; quhilk being long searched and not found in the book, Mr
David did send the booke to my Lord Advocate sitting in Coun
seU, and desyred him to find out the Act inhibiting AssembUes
without his Majestie's consent, and to mark it and send ft to him,
who sent him back againe the said first Act of the 12th ParUament,
1592. Quhairupon, finding no ground in the law to controU their
Assemblie, he desisted from reasoning, and pressed by aUuring
perswasion to induce them to that, unto the quhilk he could find
no sufficient reason to perswad them ; quhairby he so prevaUled,
that in end aU being brought severaUie befor the Counsell, parthe
by infirmitie and partUe by craftie aUurements, a few being moved
* From Gibson's MS.
t What follows from this to line 3d from foot, ending with these words, " no suffi
cient reason to perswad them," is deleted by cross lines in Swinton's MS. In Gibson's
MS. it stands without any marks of deletion.

424 CERTAINE RECORDS TOUCHING THE
to doubt of the lawfuUnes of that Assembhe, were relaxed from
the home and sent home to their chairges ; * bot how trewhe it is
aUedged in the forsaid book, (pages 14 and 15,) that they maid
protestation of their great sorrow for their offence, and excuissed
themselves upon their ignorance, and besought the Lords to be
mediatours at his Majestie's hands for a pardon to them, we leave
it to the saids brethren's own Declaration ; being fuUie assured by
some of themselffes that they are about to mak it manifest, how
far they ever were from any such thing, and that the said report
is a most impudent callumney. Other sevein remaining constant
in the approbation of the said AssembUe, yet so as they sub
mitted the judgment therof to the GeneraU AssembUe, wer com
mitted, to wit, Mr Charles Ferme and Mr John Munro to the
CasteU of Downe ; Mr James Irwing and Mr WUUam Forbes to
the Castell of Stirling ; Mr Nathaneel EigUes and Mr James Greig
to the Castell of Dumbartoun ; [LE John Rose and Mr Thomas
Abernethie to Invemes. After which decree the said Mr Thomas,
somewhat fainting, entered before the Councell and forsooke his
former opinion ; whereupon he likewise was sent home againe : the
rest entered into their prisons ; onhe Mr John Rose obtained to
have his prison changed to Stirling.f] Besyds these foresaid there
were uther four, Mr David Raith, Mr John Young, Mr Abraham
Henderson, Mr NathaneeU Harlow, who, in the providence of
God, wer spaired, and past on unsummond; and Mr Archibald
Sympson, who, being summond, and compeiring befor the Coun
seU, was remitted home againe by the instant deaUing of the
Earlle of Mortoun, who, being one of his flocke, was not content
that his pastour sould be put in prison for sic a cause.
The sam thrid of October, two supplications being given in to
the CounseU in favours of the sex Ministers in Blaknes, the one
* In Gibson's MS. it is : " Whereby he prevailed so farre that Mr Archibald Black-
burne, Mr James Rose, Mr Robert Reid, Mr Robert [Youngson], Mr David Robertson,
Mr William Davidsone, and Mr Alexander Scrogie, were moved before the Councell
in the afternoone, through infirmitie, to confesse the said Assemblie to be unlawfuU,
and so were sent home and released from all danger."
t From Gibson's MS.

ESTATE OF THE KIRK. 425
sent from themselves, requesting that aither they might be put to
ane tryall of the lawes, or then put to libertie upon suertie, to be
answerable upon lawfull premonition ; the other given in be the
ministers of Fyfe, desyring that their brethrein might be releived
upon caution, or then wairdit within their own congregations; quhilk
both wer refuissed to be red, let be to be answered. Sic was the
CounseU's clemencie and favourable proceidings with these servants
of God, according to justice; and in place of answer to their
humble suit, ane ordinance was direct from the CounseU to the
Constable of Blaknes, commanding him to separate them, two and
two, in severaU chalmers, to stay them from meiting among them
selves, and to suffer no other to have accesse to them.

CAP. V.
THE CONCLUSION TAKEN AT LONDOUN, AND EXECUTION THEROF
ON THE COUNSELL'S PAIRT, LN THE PROCES LED AGAINST THE
MINISTERS, THE 24TH OF OCTOBER, AT EDINBURGH.
Bot now to returne againe to the proceidings at Court, and
things foUowing thereon, the King, having redde and considered
the Declaration sent by the ministers with the Lord President,
was somewhat moved against the Laird of Laurestoun, both for
the evident appearance of the falshood of the aUeadged charge,
and because he had informed his Majestie that he had been in his
persone contemned and abused ; who therfore being caUed before
his Majestie and accused hereof, for his owne safetie feU downe on
his knees, beseeching his Majestie not to give credit to the report
of the Ministers, by many oathes affirming that it was true that
he had said, and that they had written contrarie to the truth. Thus,
by a new and impudent falshood, he was driven to defend and
cover his former, lest he should incurre his Majestie's wrath. In
this debate of his Majestie's mind, which way to incline the sway
of his affection and desire, being nothing weakened, but rather
strengthened by such as were present ; specialUe the President, (as

426 CERTAINE RECORDS TOUCHING THE
by the subsequent events wUl appeare,) carryed his Hienes to
credit Laureatoun, because he would have it so, and it behoved
to be so, for effecting his purpose as he reported,*
Afterwards the President and Bishops having composed their
dehait,t for the aUedged hinder maid by the ChaunceUor and Pre
sident to the estabhshing of the Estait of Bischops ; his Majestie
haveing taken promeiss of the President, in name of the CounseU,,
that in tymes coming they sould concure and imploy themselffes in
fordering the forsaid erection of Bischops, and also the Bischops
and Commissioners, being by his Majestie agreed m aU their parti-
cuUar debates, speciaUie the contention for pre-eminencie of autho
ritie, they aU joyned together in one against thefr Brethrein in
prisson, and did resolve and conclude anent them as foUows : —
First, It was ordained that the CounseU sould caU them, and by
their sentence convict them. Secondlie, That the Commissioners
of the Generall AssembUe sould doe the hke. Therefter, that sic
of them as sould give some token of repentance, by acknowledging
of their offence, sould be relieved from prisson and wairded within
their own congregations. Concerning them who would not ac
knowledge their offence, it was divershe resolved. Mr John
Forbes and Mr John Welsh, (of whose repentance for that deid
there was no hoipe,) were ordained to be banished. The rest who
sould remaine obstinat, wer appoynted to be deposed from their
ministrie be, the Commissioners of the GeneraU AssembUe. This
yas the favour quhilk the goeing of these Bischops and usurping
Commissioners to Court with my Lord President did procuir to
their brethrein in affliction, as in ane letter from Londoun be ane
pf the Bischops to his own Presbytrie, touching their proceidings
at that tyme, is contained at more lenth ; quhairby it may easUie
appear, that in aU this matter his Majestie did nothing bot that
quhairunto his Hienes was counseUed and. entyssed, parthe be
these Counsellors, bot specialhe be the Bischops and Commission-
* This paragraph, from the words "the King,"&c, in line 2d, forms the concluding
part of Chapter HI. in Swinton's MS., but in Gibson's is introduced here, as stated at
p. '09.
, t Gibson's MS. " being reconciled together."

ESTATE OF THE KIRK. 427
X
ers, who, to this effect, did alwayes provyde that one or two of
their number sould continuaUie be at Court, for resaivuig advertis-
mgnt, and deaUing with his Majestie according therto, that their
purpose might prosper.
Quhat hitherto hes beine declaired, touching the CounseU and
Commissioners proceichngs against these Ministers, is aU supressed
and subtiUie conceaUed in the book of u Declaration" sett foorth by
the CounseU, of purpose to make the ministers odious, and their
cause ungracious, to aU such to whose eares no mformation sould
cum of thefr proceiduigs, bot sic as the said buik sould afford.
About the 6th of October, the President returned from Court ;
which being knowne to the ministers hnprisoned in Blaknes, they
sent to him, desiring to know how the King had received their
petition, and how he was satisfied with the Declaration of their
proceedings, and what effect his Honor's promised traveU had taken
in their favour. He answered, That the King thought greater
offence to be given by their Apologie, then by their first contempt ;
and that he had given order to summond them, and the rest of
their brethren imprisoned in other parts, to the 24th of October
next, to heare and see their AssembUe declared unlawfuU. * The
Counsell, for performing on their pafrt the conclusion taken at
Londoun, did, upon the 14th of October, chairge the ministers
in waird to appear befor them upon the 24th day thereof, to hear
and see their AssembUe descerned unlawfuU, and themselffes to be
punished therfor ; and, in the meantyme, did pubhshe ane procla
mation direct from his Majestie, purging his Majestie of aU inten
tion to make any sudden alteration of the present estait of the
Kirk ; and for the declaration of his Majestie's upright meaning
heirin, appoynting ane Generall AssembUe to be haulden at Dun
die, the last Twysday of Juhj, in the quhilk AssembUe his
Majestie expected reparation of these aledged disorders of the
wairdit ministers, in so far as belonged to the censure of the said
Assemblie, and to have his Hienes freed in aU tyme coming, from
* The preceding part of this paragraph is from Gibson's MS. In Swinton's it has
only these words to represent it, " The President being returned from Court."

428 CERTAINE RECORDS TOUCHING THE
all such caUumnies as was aUedged, uttered, touching his Majes
tie's intention anent the alteration of the estaite of the Kirk
among them. Thus was his Majestie induced, by these men's
advyse, for promoveing their purpose, to use more poUicie then
prudence, hazarding his Hienes own reputation for pleasouring of
them in their course, as efterwards wUl appear in the successe,
quhilk uttered and manifested their polUcie in this proceiding,
practeissed more for covering the secreit intention quhilk was in
hand, then for comforting the good by a solide purpose of per
forming the thing promeissed.
Bot to returne to the Ministers, they being summond, conveined
in Edinbrough, the twentie-thrid of October, and there haveing
weiyed and considered the tennour, substance, and nature of the-
lybeU, quhairof they wer to be accuissed, resolved, be advyse of
uthers their brethrein, (quhairof a nobUeman from diverse pairts
of the kingdom wer corned there,) to use aU means, without offence,
to procuire the remitting of that matter and themselffes to the
judgment and censour of the GeneraU AssembUe, as only com
petent judges in sic a cause.
Upon the nixt day being caUed, the Summonds was red, the
tennour quhairof foUows : —
" James be the grace of God," &c.
[See the Summonds in Calderwood's History, vol. vi.
p. 342.]
With the foresaid Summonds there came two warrands from the
CounceU to the Constable of Blaknes, the one to release the im
prisoned ministers on Tuesday the 22d of October, that they might
keepe the day appointed in the Summonds before the CounceU ;
the other commanding him to separate them, two by two, in
severaU roomes, to hinder them from meeting together, and to
suffer none to have accesse unto them ; which last warrand, though
directed from the CounceU at Perth, the 3d of October, yet,
through the mercifull providence of God, was delayed to that
day.

ESTATE OF THE KIRK. 429
Upon Tuesday, the 22d of October, according to the other war
rand, the Ministers being set at libertie went to Edinburgh, where
they continued advising with God and their brethren, upon that
which should be most fit and expedient, for the glory of God and
good of his Church, to be done by them, in answering to the said
Summonds upon the nixt Thursday foUowing. Upon which day
the ministers being called all together, * the Summonds were red,
and his Majestie's Advocat, in his Majestie's name, persewed that
action against the ministers, who wer desyred by the ChanceUor
to answer be one or two of their own number for the rest.
Quhairupon, finding that no Proeuratour would be admitted to
speak for them, considdering the great inconvenience that would
ensew to the Kirk of God, and what hurt to the kingdome of
Christ, and the lawfuU liberties of the Church according to his
Word, ratified also, and confirmed by the laws of the land and
Actes of ParUament, if in matters of -their calling they sould
acknowledge the CounseU judges competent ; for eschewing the
said inconvenience, yet, so as if it were possible no offence were
taken thereby, they did give in to the CounseU the Supplication
foUowing. [See this Supplication in Calderwood's History, vol. vi.
p. 345.]
The Supplication being red, it was desyred be the Advocat, that
the ministers sould be caussed answer to the lybeU, and their Sup
phcation continued tUl their answers sould be heard to the matter
quhafrfor they wer summonded ; [and being propounded by the
Lords to the ministers, they besought their Honours, before they
were forced to answere, to heare their petition, since that thereby
it might be that they should find sufficient reason why they
ought not to be urged with further answer. Whereupon, the
Clerk, being about to reade it, the Lord ChanceUor stayed him,
and caused deUver it back to be redde by some of themselves, and
* The preceding paragraph and this paragraph, to this place, are not in Swinton's
MS.

430 CERTAINE RECORDS TOUCHING THE
having bene redde by Mr John Forbes, whom it pleased the
brethren to desire to speake in their name, it was demanded by
the Lord Advocat, Whether the said petition was given in as an
answer to the UbeU, or as a sute to the Lordes ; whereunto*] the
ministers affirmed, that they had given in that Supphcation as the
first pairt of their answers to the said libel; quhilk being weUl
considered by their Lordships, they hoipped that they sould be
troubUed with no farder processe befor their Lordships, and, ther
for, desyred their Lordships mterloquitor theron. The Advocat,
perceiving that it tendit aUtogether to the setting off the Lords as
not competent judges in that matter, aUedged, That there was ane
law, quhairby the Lords of CounseU wer constitut judges over aU
persons in aU matters, both spirituaU and temporaU, in respect
quhairof the suppUcation ought not to be admitted ; and for veri-
fieing his aUedgance, produced the first Act of the eight Parlia
ment, halden at Edinbrough the 22d of Maij 1584, in the quhUk
it is statute, " That his Hienes, his afres and successors, be them-
BehTes and their CounseUs, saU be judges competent to aU persons
his Hienes subjects, spirituaU or temporaU, in aU matters quhairin
they saU be apprehendit, summond or chairged, to answer to sic
things as saUbe enquyred of them be his Majestie and his Coun
seU ; and that none of them who shah happen to be apprehendit,
caUed or summond, to the effect forsaid, presume, or tak upon hand
to declyne the judgment of his Hienes, his aires and successors,
or their CounseU in the premisses, under the paine of treasson."
To this the Ministers answered, That quhatsoever law was maid
in that Parliament, or any uther preceidmg the zeir of God 1592,
in prejudice of the trew Kirk and lawfuU liberties therof, could
have no strength at that tym against them, in respect of the first
act of the 12th ParUament halden at Edinbrough the first day of
Junij the said 1592, aU Acts of ParUament, lawes and statuts, maid
at any tym befor the day and dait therof, against the Uberties of
the trew Kirk, jurisdiction and discipUne thereof, as the sam is
used and exerceissed within the realme, are abrogate, cassed and
* From Gibson's MS.

ESTATE OF THE KIRK. 431
annulled, and the Kirk restored to aU her privUedges, Uberties,
immunities and freedomes quhatsoever, given and granted to her
befor be any [of] his Hienes predecessours, his Regents, or his
Hienes selff", and to the frie use of her Assemblies, GeneraU,
SynodaU, Presbitries, and Sessions, with the haill jurisdiction and
discipUne of the Kirk ; quhUks both Assemblies, and discipUne and
jurisdiction, are declaired and decerned to be in aU tymes coming
most just, good and godUe in the selff, notwithstanding of quhat-
sumever statutes, acts, canon, civUl or municipaU lawes maid in
the Contrair; to the quhilks aU and everie ane, that forsaid act
makes expresse derogation : And farder anent the said act aUedged
and produced be the Advocat, maid the yeir 1584, it is particular-
he declaired, That it.saUno wayes be prejudiciaU nor derogat any
thing to the privUedge that God hes given to the spirituaU office
bearers in the Kirk, &c. ; and therfor their Supplication sould
be admitted, notwithstanding of the said act 1584. ;[They] therfor
desyred the Lords to read and consider the said act, and to give
their interloquitor theron.
The act being red, the nunisters wer commanded to remove.
At that very instant Mr Robert Yewingstoun [Youngson], (one of
these ministers who at Perth the thrid of October bemg induced
to doubt of the lawfuUnes of the AssembUe at Aberdeine,* was
remitted home) presented hunselff befor the Lords, desyring to be
heard ; and his brethrein stayed tUl he sould speak ; quhilk being
permitted, he protested, in their presence, and plainhe professed,
" That, hi his conscience he was fuUie resolved, and so could not bot
acknowledge the AssembUe at Aberdein to be lawfuU, confessing
his weaknes, through lack of sufficient resolution, to have beine the
cause of his oversight at Perth the thrid of October ; quhilk had
maid him to endure, since that day, a more hard wafrd and thraU-
dome of mynd nor his imprissoned brethrein had sustained in their
bodies, quhairof he could find no releiff untill he sould come befor
their Lordships and acknowledge his former offence : and there [he]
* Forbes evidently means, to profess the unlawfulness of that Assembly ; for it does
not appear that Youngson ever entertained any doubt of its lawfulness.

432 CERTAINE RECORDS TOUCHING THE
thanked God that He had given him rest in his confession." The
ChaunceUour, being disapoynted of his expectation, (for he luiked
that he had beine purposed to yield, and to entreit his brethrein
to the lyke,) demandit of him, E he was summond to that day with
the rest ; and if not, how he came there ? Mr Robert answered, That
he was summoned not be their Lordships, nor be the authoritie of
any earthlie king or judge, bot be the great God [and Lord of
Heaven*] and his own conscience, whose chairg he durst not dis
obey. Quhairupon the Lords being not a little astonished and the
ministers comforted, they wer removed, and Mr Robert Yewing-
stoun with them, being first enrolled be the Clark at the Chaun
ceUour his command among them.
The Lords being advysed, and the ministers caUed bak againe,
they wer wiUed to answer to the lybeU, becaus the Lords did find
themselffes judges in that matter be vertew of the forsaid act in
the yeir of God 1584. The ministers, perceiving that neither law
nor reason could perswade the Lords to remit them to their judge
ordinar, bot that they would take upon them, against aU equitie or
preceiding exampUe, to judge in that matter ; and finding no uther
remedie to prevent the inconvenients foUowing such a practeiss,
wer compelled to give in ane Declinatour for dischairge of their
dewtie to Christ and his Kirk in their calling; lest utherwayes
the matters quhUk ought only to be subject to the judgment of
Christ and the spirituaU office-bearers in his house according to
his Word, sould be brought in subjection to the humane judgment
of civiU judges, and so a fearfuU confusion brought in of judgment
contrair both to the law of God and of men. The just coppie of
the Dechnatour foUowes : —
[See the Declinature in pages 139 and 140 of the pre
sent volume, and in Calderwood's History, vol. vi.
pp. 347-354.]
This is that Dechnatour so much misconstructed and misreported,
in the forsaid book of " Declaration," page 21 or 23 ; quhairin
* From Gibson's MS.

ESTATE OF THE KIRK. 433
neither was his Majestie nor his royaU authoritie declyned, bot the.
CounseU's judgment in that cause aUanerUe, as being no wayes
competent m EcclesiasticaU matters. I leave it to the conside
ration of every man who reads and considers the Summonds to
judge, Quhat was the matter in question? whether it was for
makeing a privat conventickle, directUe repugnant and against
his Majestie's and CounseU's chairge and direction, against the
continuaU custom and practeiss of the Kirk, and consent of aU.
After the giving in hereof, that it might appeare to aU whose
mindes were indifferently disposed, without prejudicate judgment,
that the ministers used this Dechnatour, not out of any contentious
disposition, weaknes of theE cause, or want of sufficient reason to
cleare their innocencie, but only through the necessitie of that dutie
which they owe to God, to his Church, and to their native countrey,
in preserving the order established by God in bis Church, and
ratified by the lawes of the land in its owne integritie, for the
honor of God, the good and safetie of his Church, and the prosper
ous and peaceable estate of the land, they gave in certane answers
to the principaU points of the Summonds, .speciaUy against the
aUeadged contempt and disobedience El their meeting, to make it
manifest to aU Christian hearts how innocent they were in theE
proceeding, and voide of aU the crimes and slanders wherewith
. they were burdened ; which answeres they gave in by way of de
claration, adhering stUl to their DecUnator, and not by way of action
befor theE Honors as competent judges in that cause, *
The contents of the Answers foUow : — ¦
[See these Answers in Calderwood's History, vol. vi. pp.
347-354.]
The reasons being red, the Advocat maid ane reply to httle effect,
hopping therby to induce the Ministers to enter in action befor the
\ Lords and to misken their Dechnatour. Bot they, being willed
be the Lord ChaunceUor to answer, [by their forsaid Speaker!] pro
tested that they did stUl adhere to their Declinatour, and did not.
* This paragraph is not in Swinton's MS. t From Gibson's MS.
2 E

434 CERTAINE RECORDS TOUCHING THE
acknowledge their Lordships as competent judges in that cause,
and that they had given in these reasons only by way of declara
tion, for satisfaction of aU godUe and honest hearts, in makeing
manifest the equitie of their cause, and nowayes of any purpose to
plead judiciaUie befor their Lordships. Heirupon the Ministers
being removed, efter short advysement, beuig caUed back againe,
the ChaunceUor reported and pronounced that the CounseU had
found and declaired their Assembhe to be unlawfuU, and therfor
commandit them to returne, every one to their severaU wairds,
untill his Majestie's farder pleasour were knowen in that matter ;
and Mr Robert Yewingstoun [Youngson] to enter with them that
were in Stirling, to remain in waird with them. Upon the quhilk
command, they, haveing in aU reverence declared their willingness
to obey their Lordships in aU things concerning their bodies, guids,
and lyves, their conscience only and dewtie to God in their callings
reserved, did depairt.
Thus the Eeader may perceave what a sturre hath bene keept for
the Declinatour or Appeale, so much mistaken and misconstructed
in the foresaid booke of " Declaration," (pages 21 and 23,) wherein
neither was his Majestie's royaU authoritie dechned, but the Coun-
cel's judgment in that cause only, as not being competent in
EcclesiasticaU maters. I leave it to the consideration of everie
one that readeth and considereth the Summonds, to judge what
was the mater controverted, whether it was for making a private
conventicle directly agauist his Majestie's and the Councel's com
mandment and direction, against the continuaU custome and
practice of the Church and consent of aU other Presbyteries,
as is aUedged in the forsaid booke of " Declaration," (page 16,)
or for keeping a GeneraU AssembUe : since that the verie Sum-
mondes do grant the 2d day of Juhj to have beine appointed
for the diet of the GeneraU AssembUe at Aberdene, confesse theiu
to have beene authorised with commission from their Presbyteries,
acknowledgeth them to have an AssembUe appointed and designed,
, and charge them to appeare to heare and see the said Assembhe
decried unlawful!, not because it was a private conventicle assem-

ESTATE OF ^HE KIRK. 435
bled either without pubUck ordination of the diet, or without pubUck
authoritie of the Presbyteries, sending them authorised with com
missions ; but because it is aUeadged io have bene convened with
out the King's consent, and against his commandement, contrary
to the Act of Parhament 1592, and because some informaUtie was
in their actions. The first, by the former discourse, may easUie be
seene and knowne to be forged, though, otherwayes, the authoritie
of the assembUes of the saints dependeth nowayes upon the will of
man, but of Him alone in whose name they must be convened, and
in whose name they are keept to do aU things ; who, as Lord over
his owne House, hath only power and authoritie to command therin:
neither is there any mediate authoritie betweene the Lord and his
ambassadours, in the affaires of their message ; he only sendeth
them ; he alone gives them to be pastors and doctors, &c. ; he alone
shaU judge them ; he alone shaU reward them ; to him alone they
must give an accompt of their dispensation ; and he himselfe alone
doth immediatUe rule them by his Spirit and Word. For although
there be diversitie of administrations, yet there is but one and the
selfe same Lord ; neither hath that body of his two heades. That
is the preeminence of the Sonne alone, incommunicable to man or
angels, to be head of his Church, which is his body : so that it can
not be heard, redde or considered without abhorring the iniquitie
and pitying the blindness of men, caUing themselves Christians, who
speake and write so heathnishlike of the authoritie of the assembUes
of the saints, as subalterne to the civiU power of CivUl Conventions,
as having no warrand but from the statuts of men. So Ul doth it
become a profane politician to talk of spirituaU things, whose sight
reacheth no further then the Umites of the estate of a province, and
therefore would have the affaires of Christ's kingdome no less sub
ject to the pleasure and direction of princes then the actions of
the pohticke body, in their poUcie concerrting the affaires of this
present Ufe. Wherefore it is not amiss that those preceeding
Answers, by way of declaration, be made against the slanders of
the Summonds, and for giving contentment to good Christians. *
* This paragraph is not in Swinton's MS.
2 E 2

436 CERTAINE RECORDS TOUCHING THE

CAP. VI.
THE FAVOURABLE ANSWERING OF MR GILBERT BROUN HIS COM
PLAINT, THE RELEASING OF ME HENRY BLYTH OUT OF PRISON,
AND PARTICULAR DEALLING WITH THE MINISTERS TO BRING
THEM TO A CONFESSION.
The same day, Mr GUbert Brown, being stUl in the CasteU upon
his Majestie's chairges, did cause present ane complaint and sup
phcation to the Lords, desyring to have restored to him sic
sowmes of money and uther things, as he aUedged was taken from
him be certaine of the guard at his apprehending : quhilk com
plaint was heard and favourabhe answered, the CounseU ordaining
all to be restored to him againe : Quhilk ordinance being obeyed,
it was found that the most and principaU things that were taken
from him were monuments and instruments of idolatrie, sic as
Crucifixes, Agnus Dei's, Images, Relicks, &c. ; quhilks aU notwith
standing, were, according to the CounseU's act, delyvered bak
againe. And afterwards in December next following, being re
leased out of prison, and suffered to remain at a friend's house in
Edinburgh, upon a Sunday the visitors, upon suspicion, went and
searched his lodging, found a chalice, which they presented to the
CounceU, which ordained the chahce , first to be weighed, and
thereafter burned at the market crosse, and the just value thereof
to be restored to Mr GUbert Broune ; whom shortly thereafter,
immediately before the returne of the Earles of Marre and Dumbar
from Court, the CounceU sent out of the land by sea, with a hun
dreth Markes in his purse, although it was reported that he knew
of the Gunne-poulder Plott, and had, with others, conspired
against the King. * Heirby may it in sum measour be knowen, of,
quhat disposition these rulers be towards the trueth, and profes
sours therof, and quhat sinceritie was in their hearts in promeis-
* This sentence, beginning with " And afterwards in December," &c, is not in Swin-
ton's MS.

ESTATE OF THE KIRK. 437
sing so far to the Presbitries in their letter before specified ; the
most maUcious enemie of the gospeU within the land being so
favourabUe used, contrair to the lawes, and the ministers of Christ
so seveirly handled for the very practeiss ordinar of their caUing,
approved be the lawes.
The same day also was Mr Hendrie Blyth, * [upon a simple
warrand from the Councell] t, without any condition, set at liber
tie, and suffered to returne to his chairge.
The two dayes foUowing, certain of the Lords traveUed with
the ministers to bring their matter to sic a mids J as might satis
fie his Majestie and procuir their libertie. The ministers, be ad
vyse of diverse of the wyssest and gravest of their brethrein there
present, did first present this offer to the Lords, That they would
submitt themselffes, in aU that concerned themselffes, to his
Majestie's wiU and pleasour, being assured that his Majestie.
would not urge them in that quhUk concerned God, his Kirk,
and their conscience ; and farder, that in aU humble submis
sion they would beseech his Majestie to remit his wraith and
be appeassed towards them. This offer being rejected of the
CounseU, be advyse forsaid, the ministers againe presented ane
uther offer, That for satisfieing of his Majestie, seeing the day
appoynted be them at Aberdeine for the Assemblie was alreadie
expyred and nuU in the selff, and that his Majestie had be open
proclamation appoynted ane uther day, they would for themselffes
agrie, that their appoynting of a new day in their AssembUe
wer repute and haulden as though it had not beine done i and
would beseech his Majestie, in all humble submission,, to. remitt
his wraith, and be appeassed towards them,.. This offer also
was refuissed.
'£!i£__cause of the rejecting of both offers was the difEr[™ .; .^
betwixt the CounseU anaj3£=»~— ! — ^STrTthe Kirk ; the Coun
sel! iyKing~~best of the' first offer, if it could have~~Deln~girr~ii
* Henry Blyth was minister of the Canongate..
t From Gibson's MS.
X Mids, such a means, or medium between extremes.

438 CERTAINE RECORDS TOUCHING THE
afeslinEe; the Commissioners lyking better of the second, J£i*
could havebeis*^tained universaUie ; haveing morgjseg3ira to the
establishing of their auSlsrsiie^be annulli»g""Ene authoritie of the
Assemblie then to his Majesti^^a^!Sfe*iiaaj_j the CounseU, in the
uther pairt, indeavoj^sBgrnore to have his MajesSB^aajfied by the
Ministejs-esfemission, then the Commissioners authorised bylrfiSi-
t&fof the AssembUe. *
Therefor nothing could pleasse the CounseU without a simple
confession of ane offence, and submission of themselffes and thair
haUl proceedings to his Majestie's, censour, wiU and pleasour; and
nothing could satisfie the Commissioners without the Assembhe,
and haiU proceedings therat, sould be haulden nuU, that their com
mission might stand in the fuU strength.
The conference ceassed, and the MEusters returned to their
severaU wairds. Heir it is not to be forgot how, in the CounseU's
book of " Declaration," there is nothing of aU their proceechngs
mentioned, except only the proponing the Declinatour. The Sup
plication given before, and the Reasons efter, are no wayes touched,
except in one word by the way, (p. 22,) aUedging them frivolous,
and tyme more to be lossed then any matter uttered in useing them;
quhairof we refer the judgment to the Reader ; only poynting at
that quhilk is most to be considered, that by this theE poUicie in
passing with sUence the Supphcation, the Reassons, [and] the deal
ing efterward be offers, they delude the world by their calumnie
used against the Ministers, as thogh by theE Dechnatour they had
made a plain denyaU of their subjection to his Majestie, and of his
royaU power and authoritie over them ; quhairas indeid they de
clyned not his Majestie bot the CounseU aUanerUe, neither yet
the Counsell simplie, bot in that EcclesiasticaU action only.

* This paragraph is omitted in Gibson's MS. and cancelled in Swinton's by cross-
lines ; and on the margin is the following note : — " This is bot a conjecture, Their
reply will be, that ther was no Commissioner at that conference ; therfor see that be na
apparent [ground] given of challenging them heir causles, quhilk may mak uther things
less thoght of."

ESTATE OF THE KIRK, 439

CAP. VH.
CERTAINE PETITIONS GIVEN TO THE COUNSELL IN FAVOURS OF
THE IMPRISONED MINISTERS. — THEIR LETTER TO THE PRESBI
TRIE OF EDINBURGH FOR CLEARING OF THEIR INNOCENCIE. —
TWO PETITIONS SENT TO THE KING, ONE FROM THE PRESBY
TERIE OF EDINBURGH, AND ANOTHER FROM THE IMPRISONED
MINISTERS, WITH OTHER PETITIONS TO THE COUNCELL, AND
FURTHER SECRET PURPOSES AGAINST THE MINISTERS IN BLACK
NES.
Eiformation being sent to his Majestie from the CounseU, as
they thoght meittest, of their proceidings, quhilk answer of his
Majestie's mind is expected, the Lord, of his infinite mercie,
makes that barbarous and inhumane conspiracie of the Papists
against his Majestie, Queen, Prince, and haul posteritie, and
Estaites of England, to be reveaUed, quhilk sould have beine exe
cut the fyfth of November [1605,] in QuhythaU [Whitehall,] by
powder, quhair the whoU bodie of the land sould have beine con
veined in Parliament. From the quhUk danger his Majestie, &c,
being delyvered, and pubUct thanks given therfore, it was expect
ed that the Ministers sould have obtained their libertie ; bot a
contrair conclusion was taken, as efterward saU appear.
The Ministers warded in Blaknes, in reguard that they had suf
fered much in their bodies, by reason of the unwholsomnes of that
place, and were at such extraordinarie cost, that they were not able
to hold out, gave a petition to the Lords, desiring to be removed
from their prison, «or to have Ubertie to provide for themselves the
best they might. The removing was flatly refused ; and touching
the second, a letter was directed to the Constable of the CasteU,
desiring him either to boord them reasonablie, so that he might be
the more easihe payed by them, or else to suffer them to furnish
themselves ; yet so as, in the meane time, he should use them ac
cording to the Couucel's former direction, keeping them in severall

410 CERTAINE RECORDS TOUCHING THE
roomes, and from meeting together, or with any persone whatso
ever, as he would answere to the Councell thereon. Such of the
ministers as were in other prisons were not made closse prisoners,
but were simply imprisoned. *
The 14th of November three Supplications were presented to
the CounseU, in favours of the ministers in wafrd, be the Commis
sioners of the Synod of Lowthiane, and of the Presbitries of Fyffe,
directed from them to that effect : the first desiring then* freedome ;
1. That they might be partakers and proclaim ers of that common
joy for his Majestie, Queen, Posteritie, and Lords delyverie ; 2. For
the comfort of their desolate flockes and famUies ; 3. For their
povertie, through their extraordinarie chairges ; 4. Becaus of the
infirmitie and weaknes of bodie contracted be long imprissonment.
This being refuised, the second was, desyring them to be wairded
in their own congregations. QuhUk also being refuissed, the thrid
was, for the Ministers in Blaknes, desyring only their transporta
tion to any uther waird, in respect of the danger they stood in of
the pest, being broken up in the vUlagetown of Blaknes. Bot
aU wer rejected; the CounseU willing the Commissioners, present
ers, if they desired any favour, relieff, or ease to their brethrein, to
procuir it by their own supphcation to his Majestie ; t And, likewise,
their imprisoned brethrein themselves to send a petition to his
Majestie ; promising to send both in their packet to his Highnes.
Wherupon a petition was penned by Mr WiUiam Scot, minister at
Cowper in Fife, to be sent to the King for the imprisoned breth
ren, which is as foUoweth : —
" May it please your Most Sacred Majestie,
" As the God of all mercie, out of his fatherhe love hi Christ,
contrarie to our merites, hath not only in your RoyaU persone
spared your Majestie's subjects, but also hath filled aU your domi-
* This paragraph is not in Swinton's MS.
t From this place to the end of the paragraph in a subsequent sheet, beginning with
the words " But before we proceede to so ungracious an action," &c. is taken from
Gibson's MS. In Swinton's the whole portion is represented only by a few lines,
briefly stating some of the facts which are stated at length in the other MS.

ESTATE OF THE KIRK. 441
nions with the glade and acceptable tidings of your Majestie's
most prosperous and happy dehverie from that abominable conspi
racie, so unnaturaUy plotted by the instruments of Sathan, those
restles ennemies to the puritie of reUgion, the tranquiUitie of states
and peace of people, against your Majestie's royaU persone, the
cheefe defender and maintainer of these blessings in the whole
world, the Queene's Majestie, your royaU chUdren, and strength
of the royaU estate ; so we have carefuUy in our sermons, and
alwayes as it became us, pubUshed the same to your Majestie's
subjects here, using aU convenient meanes to stirre up their zealous
devotion in praying God for that inestimable blessing, like as in
aU churches, streets, and famUies of your Majestie's native and
ancient kingdome here, the voice of joy hath bene most cheerfuUy
heard, and to manifest everie way, that exceeding joy that all
good subjects ought to have for the safetie of their most sacred
Sovereigne, aU ceremonies of externaU rejoicing having bene most
gladlie celebrated. Now, lest we, your most humble servants,
should neglect our dutie, to congratulate with the earnest wishes
of our loyaU hearts, for this present mercy and your Majestie's
everlasting happines, the unspeakable goodnes of God in the gra
cious dehverie ; we have presumed by these few hnes, humbly to
offer to your princehe consideration, the speciaU sparkes that
inflamed our hearts in the celebration of that joy ; first, the mer-
cifuU continuance of God's loving protection, readie deliverie, con
stant preserving and fatherhe care, watching at all times over your
royaU persone ; nixt, the advancement of the Gospel, and with it
many blessings peaceably enjoyed by aU your subjects under your
most just and happy government ; and lastly, the horrible desola
tion that would have ensued, if God's undeserved mercy had not
prevented that inhumane crueltie: for the continuing and increasing
of which benefits and cutting by the roote such desperate attempts,
we are pricked with the feare, that still possesseth our hearts, to
caU on God earnestly to roote out and extinguish such pernicious
instruments with their devilish plottes. And for the more ample
spreading of that manifold dehverie, upon our knees we most

442 CERTAINE RECORDS TOUCHING THE
humbly intreate your Most Sacred Majestie to extend the bowels
of your fatherhe compassion unto the Ministers of the Gospel
that ar here in prison, so much the rather, because, through long
and strait unprisonment they ar whoUy impoverished ; some of them
with weakness and sickness of body heavUy distressed ; others
through feare of their Ufe by pestUence, closse by the gates of your
Majestie's Castell, where they ar in prison ; and many here of your
loyaU subjects, of aU degrie, quaUtie and calling, beside the flockes
that want the comforts of their pastors, and wives and chUdren
destitute of the necessarie support of thefr husbands and fathers,
do earnestlie expect the gracious proofe of your Majestie's wonted
clemencie, commonhe shewed to aU poore prisoners at such times ;
since the Lords of your Privie CounceU here refuse to do any
thing concerning their releasing, without your Majestie's expresse
commandement. Thus, trusting in the Almightie God that he
wiU give us mater daylie to rejoice in your Majestie's preservation,
and your Estates maintained by Him, against the DeviU and hE
instruments, to the great comfort of so many worthy subjects, as
he hath made subject to your Most Sacred Majestie, yea to aU
those that truelie feare God ; and humbly begging your Majes
tie's pardon for this our boldnes, we wish your Majestie a long and
happie reigne, God's fatherhe protection in this Ufe, and everlast
ing glorie in the life to come.
" Edinburgh, November 14. 1605.
" Your Majestie's most humble servants."
The greatest part of the foresaid Commissioners being gone to
their chairges before the penning of this petition, it being sub
scribed by Mr WUham Scot and Mr James Balfour, it was
offered to Mr John HaU to be subscribed by him. It was re
fused, though he was earnestlie intreated therto by Mr WiUiam
Scot, and so it was left with the said Mr James Balfour, tiU it
might be subscribed by the rest of the commissioners of the
Synod of Louthian.
Upon the 15th and 16th of the same November, the Ministers in

ESTATE OF THE KIRK. 443
Blaknes being assuredly informed that Mr John HaU, minister of
Edinburgh, not only in private conference, but pubhckly in the
pulpit and in the Presbyterie, had uttered some uncharitable
speeches, prejudiciaU to their cause and persones, affirming the
cause to be of no moment, as being a matter not woorth two straes,
wherin they stood with the King ; and that, through their wUftdl
contention, they had justly deserved their affliction, and were the
cause of trouble and disquieting the peace of the Church ; affirm
ing plainly, that howsoever before, yet now they could not pretend
conscience for their cause, since that in their last conference with
the CounceU, they had departed from that which they pretended
to be the ground of their conscience before in that cause : Here
upon, they being justly grieved, did penne a letter for clearing of
their mnocencie in all these points, and sent it to the Presbyterie
of Edenburgh for their satisfaction, upon the 19th day of the said
moneth, which is as foUowes : —
[See this letter in Calderwood's History, vol. vi. p. 368.
It is dated Blackness, Nov. 18. 1605.]
This letter being redde in the Presbyterie before such as were
present for the time, and the cause and estate of the imprisoned
brethrein regrated by them aU, it was thought fit in reguard of the
absents, nameUe of Mr John HaU, Mr David Lindsey and Mr
Patrick GaUoway, that there should be a meeting againe in the
aftemoone, for finding out some way to remeede the griefe of the
distressed brethren. In the afternoone, they being conveined
againe with such as had bene absent, save Mr David Lindsay,
after reading and long conference touching the forsaid letter, and
some reasoning betweene Mr James Balfour and Mr John HaU
upon some points therof, which Mr John Hall tooke to be meant
of himself, who likewise doubted not to affirme plainly, that the
cause of the said Ministers suffering was not the cause of
Christ ; the answering of this letter was delayed tiU the nixt Pres
byterie day.
Upon the 26th of November, the CounceU being convened, the

444 CERTAINE RECORDS TOUCHING THE
Ministers in Blaknes sent in another petition, after the manner
foUowing : —
" May it please your Honors of his Majestie's Privie CounseU,
— After so often refusing once to vouchsafe an indifferent eare
to our humble petition, we have hitherto offered what either con
science can permit or justice require for procuiring an end of our
suffering, which hath bene imposed upon us in a harder maner,
and stiU continued in the same measure a longer time than might
have sufficed to have satisfied the discontentment of aU minds,
moved more upon sinistrous report then upon our evU deeds. We
have offered ourselves to a lawfuU triaU of the lawes, and to such
punishment as may lawfully be inflicted upon us, and just con
demning of us in any crime or offence committed against the lawes ;
but we ar not heard. We have offered, if present trial cannot be
found, to put in surtie in what forme it pleaseth your Honors to
devise, to be answerable hereafter to the lawes, when your Lord
ships opportunitie and pleasure shaU require, upon lawful warning ;
but this is also refused. In matters of our caUing we have shewed
our wUhngnes to undergoe the censure of such as from Christ have
the caUing and authoritie to governe the affairs of his House ; yet
nothing hitherto hath procured us hbertie or ease of our closse im
prisonment, being more rigorous than customeably hath bene in
joyned to most heinous malefactors, being debarred from one of
another's companie, and so closehe shut up that no friend or other
creature can have accesse unto us. E our evUl behaviour merites
such indignation, and if in our doings there be such a heinous
transgression that ought to be punished with greater severitie than
the greatest vilanies, we humbly beseech your Lordships to delay
no justice, but to let us have the punishment due to our merites,
and not stiU to keipe us under the appearing show of guUtines,
and in the estait of most guUtie persons, before we be convinced
and subject to punishment by the lawes. If stUl there be any
thing lacking in our offer that justice or equitie can require to satis
fie the desire of a just, though a most severe judge, we ar ready in
all humble submission to perform it. But if the benefit of the

estate of the kirk. 445
lawes cannot be obtained, and this rigorous keeping of us so closse
be stiU continued, thereby to force us to take upon us guUtines,
which neither the lawes can lay upon us, nor the judgement of our
owne conscience convince us, we must patiently commit our cause
to God, the great judge of aU judges in aU causes ; being resolved
by his grace, to indure the extreamest severitie of whatsoever
affliction man can lay upon us rather than to draw in upon our
selves the insupportable burden of God's wrath, or to spoU our
selves of the peace of a good conscience ; wherunto we hope your
Honors wUl nowayes force us, both for the reverence we think you
carie to God ; for the conscience which we think your Honors make
of the caUing wherwith it hath pleased Hhn to honour you ; for the
respect you carie to that ambassage which Jesus Christ hath con-
credited to us ; and the dutifuU care which your Honors should have
that the blessed name of the Lord Jesus, the Word of his eternaU
truth, and the sacred and holy profession of Christianitie, be neither
iU spoken of by your Honors nor by us. So, humbly recommend
ing our comfortles estate to your Christian consideration; our suffer
ing and cause therof to your equitable judgement ; and the pitifull
desolation of our flockes, in such a time, when aU men have just
cause of rejoicing,- and our utterlie impoverished famUies, to your
Honors pitie and commiseration ; we desire no more but that ye
may so remember us, and deal with us as your consciences may be
able to secure you in the sight of the Lord, when he shaU bring
everie work to judgment^ and weigh them in the scales, not of
affliction but of justice. So, expecting [your] favourable and lov
ing answer, we humbly recommend your Lordships and aU your
proceedings in this and aU other your affaires, to the gracious
government of the Spirit of grace and righteous judgment. -
" From Blaknes, the 25th of November 1605."
This petition being redde before the CounceU, the Lords answer
ed, That they could do nothing in this business without the King's
speciaU warrand ; and therefore they ordained, that if the Ministers
would send a petition to his Majestie, they would send it safelie

446 CERTAINE RECORDS TOUCHING THE
to him. The same day, the Presbyterie of Edenburgh, touching
the answer to the ministers letter, wherupon they had advised tiU
this day, resolved to send in their names, subscribed by their Mo
derator and Clerk, the petition written by Mr WiUiam Scot, which
Mr James Balfour had in keeping. And because the Presbyterie
would not do this without thefr knowledge, they sent a copie of
the said petition, with a letter from themselves, wherof the copie
followes : —
" The Spirit of the Lord comfort you,
" Welbeloved Brethren in Christ, having advised long upon the
best way, in our judgement, of the easing of your comfortles estate
to the appearance of the world, howbeit, otherwayes, we doubt
not of your inward joy of mind, that upholdeth you in this afflic
tion ; we thought it fittest that a Petition were sent to the King in
our names, subscribed by the Moderator and Clerk of the Presby
terie of Edenburgh, that ye may be set at libertie out of your
strait prison. And to the end that we do nothing rashhe herein,
we have thought it most expedient to send you the copie of
the said petition that we might know your judgement, what ye
think of it, and whether we should send it or not, and what it is
able to effectuate at the King's hands when it is sent ; which we
desire you deephe to consider. And, therfore, we require your
answere als speedUy as yee can conveniently, what we shaU do in
this mater. And so we committ you to God's mercifuU protection,
who, in his own good time, wUl ease you of aU your trouble.
" From Edenburgh, November 26, 1605. .
" Your brethren in Christ,
Mr Charles Lumisden,
Clerk to the Presbyterie, in all our names."
This was the answere that the ministers in Blaknes receaved to
their former letter, upon the 27th of that moneth. And the said
ministers sent an answere to them againe within a day therafter,
the substance wherof was, The acknowledging of their care and

ESTATE OF THE KIRK. 447
dihgence for their case; aUowing of that course that they had
taken for the procuring of their relief, declaring that their opinion
was, that it were best that each one in particular should subscribe
the petition, if it might be obtained.
The Ministers in Blaknes, being informed of the answere which
the CounceU gave to their former petition, thought it fit to send
a petition to the King, in the name of the ministers that were
imprisoned, subscribed by them aU, wherof the contents foUow : —
" Most gracious and dread Souvereigne,
" May it please your Sacred Majestie to pardon our boldness ; for
the conscience of our dutie hath forced us, by this our letter, to
congratulate unto your Majestie that glorious dehverie from that
most crueU and treasonable attempt intended against your Majes
tie's sacred person, your gracious Queene, the Prince and poste
ritie, against the whole Church and commonwealth in these your
Majestie's dominions, the like whereof hath never bene heard in
¦any age ; and the joy and consolation of so rare a benefit, as it hath
stretched forth itseffe to aU your faithfuU and loyaU subject, so
should the glorie thereof, as the sound of many waters, and as the
voice of a great multitude, resound unto Him who is the faithfuU
preserver of men, unto whom aU praise and glorie, both in heaven
and earth belong. This hardnes of our closse keeping ; the weaknes
of our bodies through this long imprisonment, some of us for the
space of fifteen weekes ; the knpoverishing of us and our famUies
through the extraordinarie charges we have bene at here ; the feare
of the devoring angeU comming to the gates where some of us are,
and readie to enter in at the dores ; the want of the use of our
comfortable ministeries so long ; neither these, nor anything else,
can be of force to extinguish the unspeakable joy of so glorious a
mercy, which not we only, but aU the Reformed Churches in
Europe have, and shah reape the same. Hereby, we aU, our
wives and chUdren, and aU your Majestie's loyaU subjects, received
(as it were) our Uves of new again. Hereby the Uberties of these
your Majestie's kingdomes and commonwealths have beene pre-

448 CERTAINE RECORDS TOUCHING THE
served from most fearfuU tyrannie and bondage. Hereby hath
the sunne of that most glorious Evangel, not only stood still in our
firmament, to give light and comfort to his poore Church, but also
being so neare the setting, that the shadowes of the evening had
almost covered us, is wonderfuUy caUed backe againe by manie
degries, that it might not make haste to go downe in our times,
nor in the times of our posteritie after us. Hereby Ught and joy,
gladnes and honor are come to aU the saints, in aU and everie
kingdome and province, in aU and everie citie and place, where
soever this wonderfuU deliverie is knowne. And aU these and
many moe we have received through the benefit of so large and
blessed a preservation, so that now nothing can be hard to us to
indure ; yea, if it were, to be offered up in the sacrifice of this
your Majestie's preservation and consolation, which hath redounded
to aU the Reformed Churches therby, yet would we rejoice with your
Majestie in aU your joy. It is therefore sufficient for us that our
eyes have seene and our eares have heard of so great a salvation,
to be recorded and declared to aU posteritie to come. And as for
us, what can be hard for us now, since the King Uveth, and the
light of Israel is not quenched, and he hath to sit after him upon
the throne, to do justice and judgement, out of whose breasts the
'Church may suke protection and defence. We have eneugh and
have received all things, and ar fuUy satiat ; yet, if it might stand
with your Majestie's pleasure to adde this joy to aU the former, as
to make us partakers of your Majestie's favour and woonted cle-
mencie, declared at all times to aU sort of your Majestie's subjects,
but speciaUy at such an occasion of so gracious and notable deli
veries, whereby the hearts of aU the chUdren of affliction commonly
ar comforted, and the prisoners brought from hope to Ubertie, then
should not the praises of our God be closed within these waUes,
so should we not only proclame them ourselves, but also by our
ministeries, take a coale from the altar and touch the lips and
inflamme the hearts of aU your subjects, cheaflie in our owne con
gregations, (whose hearts ar somewhat straitned, and their joy
limited and bounded, because of the want of that glorious Gospel

ESTATE OF THE KIRKr 449
in our ministeries, whereby salvation shined upon their hearts,)
that they with us, and we with them, might cause the heaven and
earth to resound with the voices of praise and joy. We have no
more to render to your Majestie but the holding up of our hands,
and the underpropping of aU other your Majestie's people, so far
as our ministeries can reach, lest they should faint, and so Amalek
prevaUe. Thus prostrating ourselves in aU humble reverence at
your Majestie's feete, for the spreading of a lap of the bowels of
your compassion and fatherhe love over us, our distressed famUies,
and above twelve thousand souls in our desolat congregations,
famishing for the want of the word of grace, and now wandring
like sheepe without sheepheards, that the mouthes of the hungrie,
and of those that ar in distresse, may bhsse your gracious Majestie
and your happy posteritie more and more, and that we may take
our harpes in our hands and stand at the glassie sea, to sing the
song of Moyses the servant of God, and of the Lambe, with the
rest of the saints. So, expecting your Majestie's gracious answere,
we, upon the knees of our hearts, wish the multiplying of all the
Hissings of God, peace and prosperitie in this Ufe, unto your
Majestie, with the continuance of the same unto your posteritie
to the end of the world, and eternall Ufe in the world to come.
" From the place of our imprisonment, November 29. 1605.
" Your Majestie's most humble Supphcants, loving and
loyaU subjects and day lie orators."
Both this and the former petition having beene delivered to his
Majestie, no comfortable answere was sent backe againe, and that
through the meanes of the pretended Commissioners, chiefly of Mr
John HaU, who gave his Majestie inteUigence that they were to
be sent, and prevented the favour that might have beene procured
by them at the King's hands. The Ministers in Blaknes, hearing
of no answere from the King, about the 19th day of December,
sent this petition foUowing to the CounceU : —
" May it please your Honors, — Howsoever it be that we
have not obtained that favour of you, as to make any answere at aU
2 F

450 CERTAINE RECORDS TOUCHING THE
unto our petitions, yet we cannot cease to importune your Honours
with our new petition, knowing that yee are in the Lord's steed,
to do justice and judgement, essaying everie way, and waiting in
patience, if the Lord wUl at any time move your Honors to con
sider our estates, which now are such, that if they were throughly
knowne to you, we are assured they could not but stirre up com
passion in the hearts, at least of so many as looke to find mercy
and compassion for themselves in that great day. If neither this
tedious and closse imprisonment of twenty-one weeks aEeady past ;
this extreame povertie that we are brought to, through these ex-
traordinarie charges sustained here ; the infirmitie of our bodies ;
the evident danger wherunto we are exposed in the devoting
. plague, now the second time broken up closse by the gates where
we are ; the depriving of our soules of the consolation of our minis
terie ; the distresse of our wives and chUdren ; if none of these
wUl move your Honors to compassion, yet let the pitifuU estate of
above twelve thousand soules in fourteen desolate congregations,
famished for want of our ministerie, and impietie and unrighteous-
nes, to the dishonour of God, and procuring of his wrath against
both Church and Commonwealth, abounding among them since
our imprisonment, be considered by your Honors, and reguard *
them and us, as ye would be reguarded in that great day. We
intreate your Honors to consider that we are your brethren in
Christ, in that same communion of faith and rehgion ; that we have
obtained this favour, to be his servants, and to be ministers of
Christ in his Gospel ; that we are but only messingers, and did
nothing save that which was within the compasse of our commis
sion and calling ; that the thing which was done, (namehe the keep
ing and allowing of an Assembhe,) is neither in itselfe unlawfuU,
being agreiable to aU divine and humane lawes, neither any new
and insolent thing, being observed and practised forty-three yeares ,
within this Church and Kingdome. And shaU no reguard be had
of us, speciaUy at this time of so great and rare a dehverie, and
rejoiceing of aU the Churches ? Shall our mouths only be stopped,
that we may not with our congregations proclame the prayses of

ESTATE OF THE KIRK. 451
our God ? Is that which we have done as servants and messingers
onlie of God and of his Church, within the boundes of our calling,
in so lawfuU and accustomed a thing, so heigh an offence, that so
rare and so Erge a manteU of protection aiid deliverie cannot
cover, so deepe a mercy and love cannot swallow up ? Should we
be forced by rigour and extremitie to confesse an offence, wherof,
in the sight of God and of his elect angels, and of your Honors,
we here protest, that we are not convicted in our consciences?
We wiU cease to trouble your Honors any further, only intreating
you, in aU humble reverence, by the great name of the Lord our
God, and that his glorious appearance, for our former liberties ;
that our prayers and praises, with our congregations, pubhcke and
private, be not wanting in such a commodious time, of so glorious
a mercy shewed ; and that the blood of so many soules, ready to
perish for want of the bhssed truth in our ministeries, cry not in
the eares of the said Lord of Hosts, and arme him with greater
wrath against this Church and Commonwealth. We recommend
your Lordships to his direction and grace, desiring most humbly
your Honors answere.
" From Blaknes the 18th of December 1605."
This petition received no better answere than the former. But
the word of the home-comming of the Earles of Marre and Dum-
barre, in reguard of the petitions sent before to the King, made
aU men expect a warrand for setting of the ministers at libertie to
be sent by them : which made the Lord ChanceUer and the
Lord President to direct Mr Andrew Forester, minister of Dum-
fermling, in commission to the ministers warded in Blaknes, to
desire them to come to a confession of an offence in their meeting
at Aberdene, which had beene required of them before ; promising
to cause the CounceU convene with all convenient expedition, in
alse great quietnes as could be,- and upon the said confession to set
them at libertie. This they did to prevent the effect of the expect
ed warrand, and to get the praise of their Ubertie to themselves.
The Ministers, considering the thing that was desired, answered,
2F2

452 CERTAINE RECORDS TOUCHING THE
That as yet their conscience had neither accused them of any of
fence done to the King ; neither could their brethren who traduced
them most, though earnestly required therto by their letter, be
able to informe them in any thing done amisse by them ; neither as
yet had any lawfuU and cleare triaU of judgement, according to the
lawes, found them guUtie. So as yet they could not, unless they
would lie against the truth of God sealed up in theE conscience,
make any such confession ; but as ever before, so stUl they were
not only readie to suffer whatsoever lawfuU and ordinarie triaU ;
and if any man were able, evidentUe to make theE offence and
transgression [manifest] to their conscience, they would in aU
humUity acknowledge and amend their fault according to reason.
But notwithstanding these things, the King had resolved to
cause put the ministers to the trial of a jurie for treason, because
they had refused the Councel's judgement bo. the mater of their
Assemblie. For performing wherof, because the Lord ChanceUor
and the Lord President feared to prosecute that wicked purpose,
in reguard the thing alreadie done by them had given great
discontentment to all men; therefore whatsoever might happen,
fearing the worst, they had written before to the King, desiring
the Earle of Dumbarre to be sent to countenance the matter, that
through his presence and assistance the mater might be the more
jsafelie performed, and they somewhat released of the envie, or
then more strengthened by his assistance to beare the burden of it.
Yet nevertheles, the Earles of Dumbarre and Marre being come to
Edinburgh, and having consulted with them in that business, they
were aU so afrayed to put it in execution that they durst neither
publishe it, nor hazard to practise it in the citie of Edenburgh.
Therefore, for their greater safetie, they appointed the CounceU to
sit in Linlithgow upon the 10th of Januarie ; because it was within
two mUes of Blaknes, where six of the ministers were, at whom
they aymed cheeflie ; so that they might easihe cause bring them
from their prison to the barre without forwarning or knowledge of
their purpose. And that the place should not give any suspicion
of their intention, they caused spred some rumors, that they went

ESTATE OF THE KIRK. 453
to the said towne for some other more weightie affaires, touching
the Gunne-poulder Treason revealed in England, as though there
had bene some noblemen of Scotland guiltie thereof, and to be
apprehended that day.
A Uttle before this, upon the 2d of Januar [1606], the CounceU
being convened, and the Earle of Dumbarre with them, the
ministers in Blacknes, through some Uttle notice they had, fearing
the Earle's errand, which hitherto had bene closely keept, sent a
petition to the CounceU ; which being geven in by Mr WiUiam
Scot, minister at Cowper, not onlie was rigorouslie refused, but
inquisition made with great threatning by the Lord Chanceller of
the presenter, saying, " Who durst present such a thing ?"
The Ministers, because of the secret intelligence they had, that
they were to be accused of treason at Linlithgow, upon the 10 th
of Januar sent to Edenburgh to Mr Thomas Craige, Advocat for
the Church, Mr WUliam Oliphant, Mr Thomas Hope, Mr Thomas
Gray, Advocats and CounceUers, desiring them to try if they were
to be accused before the Lord Justice at Lkdithgow, and for what
crime ; and if they found any certaintie to advertise them, and be
ready themselves to keep that day, to plead for them ; desiring them
withaU to come a day or two before to Blacknes, to conferre with
them for their better information. And, in the meane time, be
cause they suspected their declining of the Councel's judgment in
the question of the lawfulnes or unlawfulnes of their Assemblie at
Aberdene, to be the ground wherupon their accusation was to be
budded, they sent them a copie of their Appeale, * desiring them to
be advised therwith. According to the said Ministers desire, the
Advocats mett and advised upon the Appeale, and sent them
word that they would be readie to satisfie their desire, both in
keeping the day at LinUthgow, and in conferring with them a day
or two before, if they could find any certaintie that any accusation
was intended against them the said day, whereof as yet they had
no assurance ; because no warning was geven to the Lord Justice
to be present, as he himselffe had told them, and the Councell
* The word Appeale in Gibson's MS. is uniformly used for Declinature in Swinton's.

454 CERTAINE RECORDS TOUCHING THE i
etiU dissembled, as if they had had no such purpose in hand, and
made the word go that it was for other causes, as it is said before,
fearing both difficultie and danger in accomphshing their intention,
if it were pubhshed ; which also was the cause that made them
change the place of the CounceU, not darting hasard to attempt so
ungracious an action, upon so slender grounds, against such per
sons within Edenburgh. Which dissimulation of the CounceU, and
contrarie rumors going theron, made the said Ministers secure,
and so much the rather, because no summonds nor warning was
directed against them, for their appearing to answere in any thing
before either CounceU or Lord Justice, or any other judge ; which
they thoght should have beene done in reguard that they wer
warded for no crime.
Upon the 8th of Januar the forsaid Advocates came to Blaknes,
without any certaintie as yet of the forsaid purpose, being sent
from the Earle of Dumbarre to sie if they could bring the Minis
ters wairded there to acknowledge an offence in their meeting, and
to submit themselves to the King's will and pleasure ; wherein they
laboured verie earnestly, although the said ministers had, by suffi
cient reason, made them apprehend the equitie of their cause, and
the great discommoditie which by their said confession or submis
sion would foUow, to the prejudice of the hbertie of the Church of
God and kingdome of Christ. After the which reasoning, the said
Advocats having layed before them the appearing dangers and
difficulties which were liklie to arise, upon their refusing, to their
persones, and to the estate of the whole Church of this land, they
left them to advise that night, and so departed to LinUthgow,
without any resolution touching the forsaid purpose of their future
accusation, save only their promise to be in readines to pleade for
them, if need should require.
Upon the 9th of Januar the ministers in Blacknes sent their for
said resolution to the forsaid Advocats to Linlithgow, to be impart
ed to the Earle of Dumbarre, desiring Mr Thomas Hope to take
the paines to come and conferre with them, touching the bussines
which they had neglected the day before : Who, being come,

ESTATE OF THE KIRK. 455
he renued againe the forsaid sute of submission, and by many
arguments endeavoured to persuade the imprisoned ministers to
consent therto ; whose arguments they satisfied with sufficient rea
son, to the contentment both of the said Mr Thomas Hope, and
such of thefr brethrein as, in a reasonable number, were come to
visite them, upon the rumor that they were to be accused at Lin
Uthgow the next day foUowing ; nameUe, Mr John Scrumger, minis
ter at Kingorne ; Mr MitcheU Cranstoun, minister at Cramont ;
Mr Robert Eklin [Echlin,] minister at Ennerkething ; Mr Robert
ColviU, minister at Culrose ; Mr John Row, minister at Camok ;
Mr WiUiam Arthur ; with divers other godly and zealous brethrein.
So after a short conference touching the principaU bussines, without
any effectuaU resolution, the day being spent, Mr Thomas Hope
returned to LinUthgow. After whose departing Mr James Melvill
came to Blaknes, with Mr John Dikes and Mr WiUiam Murray,
being moved, by some advertisment upon the forsaid rumours
sent to them, to go to Edenburgh for further triaU of the truth of
the said bussines, and upon the knowledge which they had received
there, were moved to go to their brethrein, to accompanie and assist
them the nixt day, as necessitie should require ; by whom the
Ministers in Blaknes were first assuredhe informed of their future
accusation.

CAP. VIII.
OF THE CONVOYING OF THE MINISTERS FROM BLAKNES TO LIN
LITHGOW, AND THE DEALING WITH THEM BEFORE THEIR
ARRAIGNMENT. Upon the 10th ot Januar, two houres or therby before day,
the guard came to the CasteU of Blaknes, and with sound of
trumpet wakened the Constable, shewing that they were come
with a warrand to receive the warded ministers, and convoy them
to the CounceU, who were caused to make themselves ready in
haste, because the CounceU had directed them to come before

456 CERTAINE RECORDS TOUCHING THE
them at seven of the clock in the morning at the farrest. Thus
were they as malefactors convoyed to LinUthgow, and put in a
chamber within the Palace, and still attended by the guard.
An hour or thereby after their comming, through the mercifuU
providence of God, they found a great number of the gravest,
wisest, and most zealous of their brethren, besides [those] that had
beene with them the night before, farre beyond their expectation,
assembled, to their great comfort; of whom were Mr Andrew
MelviU, Mr Patrick Symson, minister at Stirhng, Mr Archibald
Symson, minister at Dalkeith, Mr John Ker, minister at Salt-
prestoun, Mr WUUam Birnie, Mr John CarmicheU, Mr Henry
Levingstone, Mr Adam BaUenden, Mr Ninian Drummond, with
diverse others from diverse Presbyteries ; with almost the whole
brethren of the Presbyterie of LinUthgow, Mr John BeU, minis
ter at Cather, of the Presbyterie of Glasgow, and some from the
Presbyterie of Dumbartane ; in aU forty or thereby.
Thus, they being in the chamber within the Palace, the Lords
Newbotle, Blantire and Whittinghame, * were directed to them
from the CounceU; who, by earnest persuasion, and many argu
ments taken from the danger Uke to foUow, laboured with them
to take back their Appeale geven before the CounceU, promising
that if they would do so, they would intercede at the King's hands
for their libertie ; and laying before them the great prejudice, that
the sentence of the CounceU aEeady pronounced, finding them
selves judges in that cause, notwithstanding the said Appeale,
might bring to the cause of Christ's kingdome and libertie of
the Church, together with the manifold inconveniences which,
through their refusing, were most like to foUow, partly upon the
King's wrath and indignation, wherby he should be moved to
deall more hardly with the Church, through diminishing the Uber
ties therof, and erecting and bringing in the tyrannicaU authoritie
* Three of the Lords of Session, Mark Ker, Commendator of Newbottle, WUliam
Stewart, Commendator of Blantyre, and Archibald Douglas of Whittingham ; the two
former were, in the course of 1606, raised to the Peerage as Earl of Lothian and Lord
Blantyre.

ESTATE OF THE KIRK. 457
of Bishopes over their brethren, which was the thing they feared
most ; and partly upon the condemnatorie sentence which doubt-
les would be pronounced against them by the jurie, convicting
them of treason for rejecting of his Majestie's CounceU, which
would be a most dangerous preparative, if, through their wUfulnes,
it should be often practised. Thus subtUy they endevoured to
make it appeare, that what they had already resolved to performe,
for their particular ends, against Christ, should proceede of the
ministers obstinacie m refusing to yield to the King on a thing
(as it seemed to them) indifferent.
The Ministers answered, That as through necessitie, for defence
of their Christian libertie and maintenance of the spirituaU libertie
and jurisdiction of the Church, they were compeUed to give in the
said Appeale, upon the Councel's obstinat refusing to admit their
humble petition, grounded both upon the Word of God, law, reason
and practise, desiring that in that mater of the lawfulnes or un-
lawfulnes of their Assemblie, for the which they were warned to
answer before their Honours, they might be sent backe, (it being an
EcclesiasticaU cause,) to the lawfuU and ordinary judgment of the
GeneraU Assemblie : so, Ukewise, through the like necessitie, they
were forced to refuse to revoke their Appeale againe, seeing it was
the only defence whereby the Church might secure itselfe from the
iniquitie and inconvenience of the forsaid sentence, which, by the
revoking of the said Appeal, should be made to stand in full strength
and force against the Church, and hbertie of the spirituaU juris
diction therof, as a most dangerous preparative in aU such cases,
in aU times coming. Touching the dangers that might foUow,
either to the Church in general, or to their persons in particular,
upon the forsaid pretended grounds of the King's wrath, and sen
tence of treason to foUow upon them, they would not be persuaded
that the King, their gracious Souvereigne, could any wayes be mov
ed to any indignation, either against the Church or their persons, for
their proceidings, being so lawfuU and warranded by the grounds
before specified, and tending to no other end but the necessarie dis
tinction of the spiritual! and civUl jurisdiction hitherto inviolably

458 CERTAINE RECORDS TOUCHING THE
observed, both by practise, and the King's own presence, to the
great comfort both of Church and Commonwealth, and authorised
by his Majestie's own lawes ; neither yet that any judge or jurie,
that had any respect, how smaU soever, either of God's eternal
judgment, or of the peace and joy of a good conscience, and the
smaUest reguard of the kingdome of Christ, and Ubertie of their
native country, could be induced to involve themselves in so fear-
full a guiltines as to convict so innocent persons of so heigh a
crime. And although aU these things should happen, yet they
could not find any warrand in conscience to deny so dutifuU a tes
timonie in so necessarie a time, or to depairt from so lawfuU a de
fence, in a cause so dangerous to the Church, and in so doing to
betray the libertie thereof. And seeing they knew that it was not
the wiU of God that evU should be done that good might come
of it, they could not choose either to redeeme the Church from
supposed thraldome, or their persons from any intended perU, by so
grievous a transgression ; since they were assured that not only their
owne consciences, but their Honours also should beare them record,
that whatsoever harme were done to the Church of God, or wrong
to their persons, should proceede from no just cause ministred by
them, howsoever the enemies of Christ and his kingdome, whose
purpose was by pohcie to tred under foot the hbertie, frie and law-
full jurisdiction of Christ's kingdom, should pretend these proceed-
uigs as a cause or cloake to cover their iniquitie ; and therefore they
had rather choose to commit themselves and that cause to the
direction and government of God, who had the hearts and hands,
the wayes and working of aU creatures in his hand, without whose
providence they knew that neither any hurt could come to the
Church, nor a haire of their heades faU to the ground.
After this, some of the Lords, finding themselves to prevaile
nothing by their publick dealing with aU in common, delt with
them severally apart, endeavouring by fair promises of recompence
of losse and libertie to persuade some of them to yield. But find
ing their labour lost, they returned to the Councell ; and within a
short time therafter came backe againe with the Lord CoUector,

ESTATE OF THE KIRK. 459
the Lord Advocat, * and Sir Robert MelviU, where the Lord
Advocat, having made some signification of the Councel's good
affection and earnest desire to have the mater agried with content
ment to the King, peace to the Church, and safetie of their per
sons, did afterwardes declare the necessitie of their proceeding to
cause put them to the triaU of a jurie, before the Lord Justice, in
reguard of the Kmg's direction contained in his letter, which the
CounceU had sent with his Lordship there to shew to them ; and
the inevitable convicting of them, if they should hazard to under-
goe such a triaU, in respect of the first Act of the Parliament
1584, ordaining aU persones, of whatsoever estate or caUing, to in-
curre the paine of treason, who should presume to reject the
judgement of the King or of his Privie CounceU, in any cause
whatsoever ; and herewith did aggravate the danger before speci
fied, which would arise hence ; and therefore, that it was their
Honour's earnest desire, since no other thing could satisfie his
Majestie, that they should take backe their Appeale againe, and
so hinder the forsaid triaU and danger that might follow theron.
To this they answered, That if their Honours would abrogate the
Processe and Act of Councell which was made against them, that it
might not remaine as a preparative thereafter, to the prejudice of
the Church of God, and spirituaU officers therof, in such causes,
they would in that case be content to revoke their Appeale ; other
wayes they would not, for the foresaid causes. To this the Lord
Advocat rephed, That the Lordes could not consent to that condi
tion, because the forsaid Act, wherin they had found themselves
to be judges, was alreadie inserted and recorded in their bookes,
and so could not be abrogated or taken out againe.
The Ministers answered, That in case the said Act could not be
taken away, yet they would be contented to take backe their Ap
peale, provided-that their Honours would make another Act annull
ing the former, and taking all strength and authoritie from it ; that
it might neither stand against them as an argument, that they
* Sir Thomas Hamilton, afterwards created Viscount Melrose, and Earl of Had
dington.

460 CERTAINE RECORDS TOUCHING THE
were convicted in the mater of the lawfulnes or unlawfulnes of
their Assembhe, for which they were warned to appeare before
their Honours, nor yet as a preparative to be aUeadged any time
hereafter against the Church, to the prejudice therof, in the hke
cases. The Lord Advocat replied, That the Lordes could not
annull the forsaid Processe and Act convicting them, set downe
against them ; neither was it needfuU for them to require it, for any
danger that thereof, by revoking of their Appeale, might come to
the Church, since their Appeale was given in by them as one of
their defenses, in the particular action persued against them before
the Lords ; and, therfore, as anie man might lawftdly depart from
his defences without prejudice of any other person in the like
cause, so also they might depart from their Appeale, it being given
in as their defence, without prejudice or harme to the Church at
any time hereafter. The Ministers answered, That if their meeting
at Aberdene, and proceedings thereat, and so the action persued
before the Privie CounceU therfore had beene their owne particular,
and not the common cause of the Church of Scotland, his Lord
ship's argument might have had some appearance of reason to per
suade them ; but since they were not privat persones in the for
said proceedings, being sent with Commission from their brethren,
and representing their persones in aU that they did, according as
in all AssembUes, both civill and ecclesiasticaU, the persones as
sembled by commission do represent the whole body of those that
sent them, it could not be but whatsoever they did in that bussi
nes behoved to conceme the whole body ; and therfore their de
parting from their lawfuU defence in that action, wherein they
stood for the Church, as their Commissioners, representing their
persones, behoved to be prejudiciaU to the whole Church in all
times comming. And therfore his Lordship's reason could be no
warrand to their conscience in that cause, upon any respect of
their owne ease or relief, to bring into danger by their deed the
libertie of the whole Church and kingdome of Christ within the
land. The Lord Advocat, with the other Lords there present, desired

ESTATE OF THE KIRK. 461
the Ministers to take the advise of the gravest and wisest of their
brethren convened there for the tune, and after consultation with
them to returne their answere to the CounceU, within alse short
time as they could, because the day was farre spent. The Minis
ters answered, That howsoever they were in that mater sufficiently
resolved, and by the assistance of God's grace, ready to suffer
whatsoever severitie it. should please the Lord to permit to be used
against them, yet, neverthelesse, they would not refuse the benefit
of their brethren's advise, according unto which they would re
turne their answere to their Honours. Thus the Lords departed,
and the brethren of the ministerie that convened at that time,
about forty or therby, (as it hath bene said,) were admitted to
them. After calling on the name of God, the six Brethren that were to
be accused having layed open the mater to the other brethren,
and declared their resolution therin, rather to abide the uttermost
danger, in hope of the Lord's assistance, before they would, by
recalling their Appeale, prejudge the Church in her lawfull libertie,
geven to her by Christ her Lord, in his Word, and now in his
mercy approved by the lawes of this land, and so long possessed
and practised with such a blessing ; finding in their conscience that
all men had just reason, by such a deed, to hold them as traitours to
Christ and his Crowne, and betrayers of the liberties of his Church
and kingdome : Therfore they desired them, either by some cleare
hght out of God's Word to informe their consciences to the con-
trarie, which they would be ready in aU humUitie to embrace, or
-^then to assist them by their comfortable encouraging, that they
might be the more enabled and strengthened to give a faithfull and
frie testimonie of the truth of God, since now they were called
therto, and to beare in patience, with joy and cheerfulnes of heart,
whatsoever were the wUl of the Lord that they might suffer
therfore. The Brethren of the ministerie being greatly comforted with the
constant resolution of those that were to be arraigned in so mani
fest a danger, as wUling rather to lay downe their lives then, in

462 CERTAINE RECORDS TOUCHING THE
the smaUest iote, to prejudge Christ of his glorie and honour, and
his Church of her Ubertie, or to make any shew or appearance to
their adversaries that they were any wayes ashamed of the trath
of God and testimonie of Jesus ; they were so much the more
moved to compassion, and therfore did gravehe dispute and rea
son, whether their brethren might pro tempore et loco caU backe
their Appeale, with protestation to be made, either by themselves
or their remanent brethren, that it should be nowayes prejudiciaU
to the Church therafter, that so (if possibly it might be) their
brethren might be dehvered from the imminent danger.
These things being considered by the brethren, and for a certaine
time discussed, in end everie man being particularly inquired of his
judgment, it was found, by an universaU consent, the brethren to
be arraigned could nowayes, without great prejudice to the Church
of God, take backe their Appeale at that tune, for any danger that
could therby come to their persones ; and that no protestation could
either be a sufficient warrand of dutie in the brethren to be arraign
ed, nor yet anie safetie to the Church, in any time thereafter,
in such cases as the revoking of the Appeale : And, therfor, this
second advise was taken, for eschewing of the present apparent
danger, That the CouncUl should be earnestlie intreated to differre
the present proceeding, and to grant a certaine space of time to
their brethren then to be accused, to go to their Synodes and
Presbyteries, who had sent them in commission, and therfore with
out their advise could do notlung in that bussines, upon suretie,
that either they should returne answere in the said mater, accord
ing to the advyse and resolution of thefr brethren, to the CouncelV
contentment, against such a reasonable day as their Honours
should appoint, or then against the said day they should enter their
persones againe in ward, to be answerable, as now, to the lawes, in
any thing they had to accuse them of concerning the said Appeale.
And for this effect, by common consent, Mr James MelvUl, Mr
Patrick Symson, Mr John CarmicheU, Mr Adam BaUenden, Mr
Henry Levingstone, were sent to the CounceU, to shew to the
Lords the brethren's present resolution, and humbly to desire a

ESTATE OF THE KIRK. 463
further time to them to advise, as said is. Which Commissioners
comming before the Lordes, and having humbly thanked them for
that favour, that it had pleased them to suffer the persones to be
accused to consult with the rest of the brethren in so weightie a
mater, and having declared the manifold, grave and weightie
reasons, which, for the present, hindered their brethren to revoke
their Appeale, notwithstanding any danger that might befaU their
persones, they humbly besought their Honours to agrie to a
certaine delay upon the forsaid conditions. Which sute the Coun
ceU flatUe refused; assuring them that either presenthe they be
hoved to revoke their Appeale, or to undergo the triaU and censure
of the law.
This answere being returned, the Brethren all together humbled
themselves before the Lord, and earnestlie recommended that cause
and themselves to his government. Immediately after, they were
convoyed by the guard to the Townes house, and were brought in
before the Lord Justice-Deputie, Sir WiUiam Hart, knight, being
assisted at that time in judgement by the Lords of the Privie
CounceU foUowing : — The Earle of Montrose, Great Commissioner,
and the Earle of Dumfermling, Lord ChanceUer, sett together alone
on the heighest bench ; and below, on the Lord Justice his right
hand, the Earles of Marre and Dumbarre, the Lordes Glames,
Newbotle, Balmerinoch, Lord President, TuUibame, and Blantire,
with Sir Robert MelvUl elder, knight ; and on his left hand, the
Earle of LinUthgow, the Lords Elphingstone, and his sonne the
young Lord Abercorne, the Lord Controller, Holyrudhouse, Whitt-
> inghame, Clerkintone, the Lord CoUector and KUsyth.

CAP. IX.
THE ARRAIGNMENT OF THE MINISTERS BEFORE THE LORD JUSTICE,
WITH SUCH PROCEEDINGS AS HAPPENED BEFORE THE CALLING
OF THE JURIE.
The Lord Justice-Deputie, having declared to the six Ministers

464 CERTAINE RECORDS TOUCHING THE
that they were accused of treason for decUning from the judgment
of the King's Privie CounceU, and therefore were to be put to the
triaU of a jurie, inquired of them whom they would name to be
their advocats. They named Mr Thomas Craige, Mr WUUam
Oliphant, Mr Thomas Hope and Mr Thomas Gray, who aU four
had promised to pleade for them : but the first two being caUed,
and thereafter sent for, appeared not, being forbidden before by
the Lord Chanceller; and knowing before, that no pleading or
reason whatsoever would stay, the CounceU' from their coflclusion
of condemning the Ministers, thought it fitter to obey the said
direction of the Lord Chanceller, then to appeare to no purpose.
The Lord Justice asking the Ministers againe, If they were con
tented to have these two Advocats alone ; they desired him to send
for the other two also, since they were in the towne, and had come
of purpose to plead for them ; which being done, the messinger
returning, reported that they refused to come. Wherupon the
Lord Justice, the third time asking them if they were contented
with the present Advocats, they answered they were, seeing they
could come by no moe. Then, he inquiring at Mr Thomas Hope
and Mr Thomas Gray, if they would pleade for the accused minis
ters; they desired the Lord Justice, according to the Act of Par
liament, to cause the other two that had refused, to appeare with
them and pleade, seeing the one was particularUe obUged therto,
namelie, Mr Thomas Craig, as being ordinarie Advocat for the
Church in aU her causes, having a yearlie pension for that purpose,
whereby he caused the ministers to looke for him, and trust their
action to him with the rest ; and, therefore, his Lordship ought to<-
urge and command them, as said is. The Lord Justice answered,
That he would urge no man to pleade, if he were not willing to do
it of his own accord ; and therefore wiUed them to answere, E they
would plead in the. said cause. They answered, That, seeing the
cause was good, and the persones honest, they would do as the
Lord should assist them, if his Lordship would give them Ubertie ;
Mr Thomas Gray adding, That he would give his life for that
cause which they maintained. The Lord Justice, after divers

ESTATE OF THE KIRK. 465
drifting answeres,' affirming that he would not hinder them, at
length, through their importuning to have a warrand of his per
mission, he yielded therto. Then Sir Thomas Hammilton knight,
Lord Advocate, accused the ministers for declining treasonablie
from the King's royall authoritie, in their Appeale given in before
the CounceU.
But before we proceide to so ungracious an action, let the Reader
first consider the disposition and quaUties of that spirit that penned
that booke of " Declaration," pubhshed by the CounceU, in their
owne name, who ar not ashamed to affirme, that the Ministers were
earnestly intreated by their brethren (permitted, upon their earnest
request -to the CounceU, to conferre with them) to come to an
humble submission and repentance, as also that their two cheef
Advocats refused directlie to pleade for them, for their obstinacie, in
that they could not perswade them to the same course of humUitie,
wherein they had dealt earnestlie with them. It is true, indeed,
that the said lawyers delt with them to that effect, before divers
of the ministerie convened at Blacknes the 8th of Januar ; and,
likewise, Mr Thomas Hope alone without them the 9th of Januar,
before many of the brethren. *
Bot all departed satisfied with their reasons when they had
heard them, only lamenting the inconvenience quhilk they feared
to ensew, in respect of the violent course they persaived to be in
hands ; and aU promeissed to be in readines to procuir f for them,
allbeit they understood it would avaiU nothing ; and so these two
principal! Procurators were stayed therefter be the interdiction
-=given be the ChaunceUor contrair to their purpose and intention,
haveing come to LinUthgow for no uther earrand bot to procuir f
for the Ministers. And, touching their brethrein of the ministrie,
it is trew, at thefr comming some wer contrair myndit, and by
these the CounseU looked to have reapped some advantage against
the persons to be accuissed ; therfor did they willingllie urge them
to take their advyse, hoipping that it sould have beme to their
effect. Bot the matter being oppened, and the cause cleirly con-
* From the place marked at p. 440 to this is not in Swinton's MS. t »'• e. to plead.
2 G

466 CERTAINE RECORDS TOUCHING THE
sidered, there was not one of aU that were present who did not
justifie their accused brethrein, and gave their advyse to them to
be constant, and did glorifie God for their fideUitie, uprightnes, [
wisdom and constancie in that matter, giveing them the right
hand of fellowship, and promeissing to Uve and die with them in
the maintenance of that trueth for the quhilk they suffered. Yet
nothing could stay the CounseU from their purpose ; and, therfor,
the Sex Ministers being brought, as said is, befor the Lord Justice,
their indytement was grounded upon the first statute maid in Maij
1584, and upon their Dechnatour forsaid, aUedged to be a manifest
violation of the said statute.
The substance of the lybeU containing their dittay was as fol-
lowes : —
" ForsameikUe as be first Act of ParUament halden upon the
twentie-two of Maij 1584, it was statute and ordained that his '
Highnes, his aires and successors be themselffes, and their Coun-
ceUs, are and in tym comeing saUbe judges competent to aU per
sons, his Hienes subjects, of quhatsoever estaite, degrie, functione
or condition, quhatsoever they be of spirituaU or temporaU, in aU
matters quhairin they or ony of them saU be apprehendit, sum
moned or chairged be our said sovereigne Lord and Eis CounseU ; '
and that nane of them quhilk saUbe apprehendit, caUed, or sum
moned to the effect forsaid, presume or take upon hand to declyne
the judgment of his Hienes, his aires and successours, or their
CounseU in the premisses, under the paine of treassoun : Notwith
standing quhairof the pannel, &c, being chairged to compeir
befor the Lords of Secreit CounseU upon the twentie-four of Octo
ber, to have answered for their contemptuous haulding of the
AssembUe upon the second day of Juhj preceiding, efter that the
Laird of Lawrestoun, his Majestie's Commissioner, had expresshe
refuissed, and efter that the PanneU * was charged upon the first j
day of Julij, under the paine of horneing at the Mercate Crosse of
Aberdein, not to hauld the said Assemblie, and also agahist the
will and command of the CounseU, quhilk was notified to the pan-
* The viov& pannel throughout the history of this trial means the ministers libelled.

ESTATE OF THE KIRK. 467
neU be the CounseU, be ane letter direct from them to the pannell,
and delyvered be Lawrestoun; and sicklyke Mr John Welshe
being chairged to compeir befor the CounseU, to have answered
for the contempt of conveining at Aberdeine upon the thrid,
fourth, and fyft dayes of Julij therefter, with diverse of the breth
rein, and ratifieing of the said AssembUe in contempt of his Ma
jestie; they and everie ane of them treasonablie declyned the
CounseU, as no wayes judges competent to them, be their Declina
tour, givine in and subscryved with their hands, aUbeit the said
cause and cognitione therof was competent to the Counsell, being
for punishment of ane manifest contempt against his Majestie in
haulding of the said AssembUe ; quhUk they no wayes could mis-
knowe or pretend ignorance of, m swa farr as it was answered be
the Advocat, that their Declinatour ought to be repeUed in respect
of the said Act of ParUament, quhairby aU DecUnatours are declared
nuU, and the exponners thereof to incurre the paine of treassone ;
lykeas, in respect of the said answer and reply, their Declinatour
was repeUed ; and yet, notwithstanding, the panneU proponed the
rest of their deffences, adhering to their Declinatour efter it was
repeUed ; and so be proponeing of the Declinatour and adhering
therto efter the same was repeUed, the panneU hes incurred the
paine of treasone."
The lybeU being red and resaived be the Advocat, the PanneU
was desyred to schow quhat they had to say for themselffes, why
they -sould not pas to the tryeU of ane Assyse. It was answered, be
the Procuratours for the panneU, That they ought not to pas to the
JbryeU of ane assyse in respect they wer not summond upon fourtie
dayes wairnuig to that effect, as the custome is in matters of treas
sone ; and so could not be sufficientlie informed nor instructed in
their lawfuU deffences, their dittay and crymes quhairof they are
to be accuissed no wayes be[ing] forshowen nor revealled to them ;
[which could not agrie with law, which ordaines everie persone that
is to be accused to be summoned so many dayes before. But it
is most certaine that the accused persones were that same day
brought directlie from the prison to the barre, without any sum-
2 g2

468 CERTAINE RECORDS TOUCHING THE
monds executed against them, declaring the crime wherof they
were to be accused ; whereof the like practise had never bene used
against any subject of whatsoever condition or caUing. *]
The Lord Advocat answered, That howsoever the law ordaines
that order to be keept with persons unapprehendit, yet quhair the
pairtie committers of treason is ki hands and put in waird for the
same, he may at any tyme, without citation presentit to the pan
neU, be put to ane assyse ; and for this [he] aUedged the practeisse
used in the person of [James] Wood, younger of Bonnytoun ; t
[and therefore the Lord Justice ought to proceid in putting the
ministers to the triaU of a jury, notwithstanding the forsaid aUedg-
The Prolocutors for the panneU answered, That the forsaid ex
ception could not be relevant against the panneU, in respect aUbeit
they wer in hands, yet naither wer they apprehendit nor impris-
soned for treasson, bot for the haulding of their AssembUe, quhilk
was not, neither could be accompted ane treassonable cryme ; and
therfor, seeing the panneU to that day had never bein suspect,
sclandered, accuissed, or committed for treasson, the Justice
could not proceid against them for the present, [without manifest
wrong ; §] the instance of Bonnytoun na wayes agrieing with their
caice, he being both committed and apprehendit for ane treasson
able fact, and no such practice ever haveing past, that a person
aUbeit in hands, and put in waird for ane uther cause, sould ther
efter bot citation be accuissed of treasson.
Hereupon the Lord Justice commanding the Mmisters and their
Advocates (who stood closse by the Lordes on his left hand) to
stand backe a little^ that place might be geven to the Lordes to
conferre together, the Lord ChanceUer rounded a Uttle whUe
with the Lordes on the left hand, and the Lord Justice himselfe
with the Lordes on his right hand ; after which the Lord Chan
celler and he rounded together ; wherupon he pronounced the In
terlocutor, repelling aU that had beene propounded for the minis-
* From Gibson's MS. f See Pitcairn's Criminal Trials, vol. ii., p. 340.
X From Gibson's MS. § Ibid,

ESTATE OF THE KIRK. 469
ters, and declared that they behoved to undergoe the triaU of a
jurie, and therefore willed the Advocats to propound what they
had to answere to the dictay itselfe. *
The answere made by the Advocates for the ministers : First,
They aUedged that the Act of ParUament maid in Maij 1584 could
no wayes mUitate against the panneU, nor the panneU to incurre
this paine of treasson through proponeing of their Declaratour, be
caus the said Act of ParUament is only maid for establishing his
Majestie's royaU authority over aU persons his Hienes subjects, of
quhatsoever estaite, as is manifest be the ruberick and inscriptione
of the law. And aUbeit it may appear that the said Act not only
incluids all persons, bot also incluids all and quhatsoever matter ; +
yet these general words cannot be extendit bot aUanerlie to these
matters quhilk appertaines properlie to the jurisdiction of the
Secreit CounseU ; for, otherwise, if they be generaUie understood,
there might foUow ane great inconvenience, vk., ane confusion of
all jurisdiction ; and it would be treason to any person, being con
veined for spoiUzie befor the Secreit CounseU, to declyne them and
appeall to the Sessione, or being chairged for adullterie, to declyne
them and appeaU to the Justice, who is onlie judges competent in
criminaU matters. And as there are diverse jurisdictions CivUl,
quhilk are supreame, ilk ane of them to their own kynd, so there
is ane supreame jurisdiction EcclesiasticaU, quhUk has ane warrand
of the Word of God, and is estabUshed be the expresse lawes of
this realme ; videlicet, be the Acts of Parliament maid 1579, be ane
uther maid in anno 1582, and be the thrid in anno 1592 ; quhilk
EcclesiasticaU jurisdiction hes their own propper matters quhilk
cannot be propper to the Secreit Counsell to cognosce upon, bot
pertains to the EcclesiasticaU judicatories ; of the quhUk nature is
the GeneraU Assembhe ; and therefor the panneU, in declyneing of
the CounseU, being chaUenged of the lawfuUnes or unlawfuUnes of
the GeneraU Assemblie haulden be the panneU, hes done no wrong.
* This paragraph is taken from Gibson's MS. It is represented in Swinton's. ojily
by two lines.
t i. e. Causes.

470 CERTAINE RECORDS TOUCHING THE
And aUbeit it may be answered, That the panneU was conveined
for contemptuous haulding of the GeneraU AssembUe against the
King's Majestie's chairge, yet it cannot alter the nature and qual-
litie of the pannell's DecUnatour, quhilk is only for declyneing of
the CounseU, in swa farr as the panneU was chairged upon the un
lawfuUnes of the AssembUe; for if they had bein summonded only
for the contempter, they would never have used any dechnatour,
bot being summoned ex hoc medio, videlicet, upon thefr contempt, to
heir and sie their AssembUe decerned unlawfuU, they might law
fuUie use their Declinatour, for the action takes its nature from the
conclusion, and not ex mediis ; and so the conclussions being eccle
siastica} jurisdictionis, viz., of the lawfuUnes or unlawfuUnes of the
Assembhe, the haile action most be compted ecclesiasticce jurisdic
tionis, suppose * the midst quhairupon they were conveined might
appeare to conceme the jurisdiction civiU. And this was maid clear
by ane exampUe of ane spoUlzie ; for of ane fact of spoUEie there
arysses two actions, namelie, if the pairtie be caUed for restitution
of the goods, ane civiU action befor the Lords of Session ; and if
the pairtie be caUed for oppression, ane action propper to the
Secreit CounseU.
To this it was answered, be the Advocat, That the Acts of Par
liament maid in anno 1579, and anno 1581, cannot derrogat to
this Act 1584, becaus the same is posteriour to them. And as to
the nature of the actione quhilk was persewed befor the Lords of
the Secreit CounseU against the panneU, the same was maist com
petent to them, becaus they are judges not onhe to contempt, bot
also to the lawfuUnes or unlawfuUnes of the Assembhe foUowing
therupon, quhilk was haulden be the panneU against the wiU of the
Commissioner, the King's Majestie's chairges, and the CounseU's
missive ; lyk as the Lords of the Secreit CounseU repeUed their
Dechnatour. And efter the same was proponed and repeUed,
quhairby they could not misknow bot they were judges competent,
they adherring to the said Declinatour.
Thirdlie, The Advocats aUedged, That the Acts of Parliament
* Although.

ESTATE OF THE KIRK. 471
could not be extendit to the panneU's Declinatour, becaus the in
tention and meaning of the law must be cheiflie respected ; bot swa
it is, that the words, mearung and intention of the law, are only
quhair any pairtie is summoned super inquirendis, m the quhilk
caice their is a very good reasone, quhairfor the pairtie who de-
clynes sould incurr the paine of treasson, becaus he declyning the
King and his CounseU befor he knew the matter laid to his
chairge, of what nature or qualUtie it is of, he expones * his per
son from his Majestie's royaU authoritie ; quhilk cannot be verified
in the panneU's cause, quhair they declyne only the competencie
i of the judge, in matters EcclesiasticaU, and no wayes refuisses to
submitt their persons to his Majestie's authoritie ; and therfor the
said law cannot be extendit against them, speciaUie seeing the
same is odious, et odiosa sunt restringenda. And that it is odious
it is clear, becaus be the consent of aU the Doctours that is de
claired to be odious quhilk is induced t against the common law,
and quhairby ane third person is prejudged of his right ; of the
quhilk nature this law is, becaus thereby that is maid treassone
quhilk, be the common law, the consuetude of the countrey, was
not treasson of befor.
To this it was answered, be the Advocat, That the words of the
law are generalhe to be understood in aU matters, and the pairtie
cannot excuisse himselff, becaus he was adverteissed of the nature
of the accusatione quhilk was to be layed against him ; but gene-
raUie the law comprehends aU causses, and must be extendit to
their Declinatour, likeas of befor was decydit against Mr David
\Black, minister, be the King's Majestie.
Fourthlie, It was aUedged, That suppose the Declinatour might
faU within the compas of the law, yet the panneU cannot be count
ed traittours, nor the assyse cannot fyle them as treassonable de
clyners, becaus the law caUs not declyning treassonable, bot
punishes the samen with the paine of treassone.
To this it was answered, be the Advocat, That all crymes quhilk
are punished with the pain of treasson are treassonable.
* Exempts. t Brought in.

472 CERTAINE RECORDS TOUCHING THE
FinaUie, It was aUedged, That this Act of Parliament could no
wayes stryke against the panneU to make them to incurre the
paine of treasson, becaus the jurisdiction of the Kirk is ane sever-
all jurisdictione estabUshed be the Word of God and lawes of the
realme, and speciaUie be ane Act of Parliament haulden upon the
first day of Junij 1592 ; be the quhilk Act not onUe the Generall
Assemblies are ratified and approven, bot also it is expreslie de
claired that this Act quhairupon they are accuissed, being the
hundreth and twentie-nyne Act of the Parhament, haulden at
Edinbroughe, upon the twentie-two day of Maij 1584 yeirs, saU no
wayes be prejudiciaU, or derogate any thing to the privUedge God
hes granted to the SpirituaU office-bearers in the Kirk anent heads
of religione, matters of heresie, excommunication, coUation or de-
privatione of the ministers, or sicklyk essentiaU censures, speciaUie
groundit and haveing warrand of the Word of God ; and swa the
said Act of Parliament is expreshe abrogate in so far as it may
touche the GeneraU Assemblies and haulding therof, the samen
being ane speciall EcclesiasticaU censure, founded and haveing war
rand of the Word of God, and being be the said 1592 ratified and
approven, and declaired to be good and lawfuU ; lykas the GeneraU
Assemblie is ane EcclesiasticaU censure of the lyke nature with
these particulars, quhilks are enumerat in the said Act, because in
Generall AssembUes the speciaU things intreatted are concerning
heads of religione, matters of heresie and excommunication, coUa
tion and deprivation of ministers, et ejusdem est naturae totum, cum
suis partibus.
To this it was answered, be the Advocat, That the Act 1592 is^
ane exception from the said Act 1584 ; and so the samen affirmes
the said law 1584. Bot so it is, that the haulding of ane Generall
Assemblie against the command of his Majestie's CounseU aiuE
Commissioner, and to the contempt of his Hienes authoritie, is
neither a head of religione, matter of heresie, excommunicatione,
nor deprivation or collation of a minister, or EcclesiasticaU censure ;
therfor the said law must be extendit against the samen, it not
being contained in the exception as said is.

ESTATE OF THE KIRK. 473
These reasons being dited and written in the Lord Justice his
bookes, as they were taken at more length from the mouth of the
forsaid Advocats, the Lord Justice, after the maner before men
tioned, (being strange and uncouth to aU the beholders, that no
frie reasoning, grave dehberation, and open voting was used in so
weightie a mater,) did hunseEe round with the Lords on his right
hand, and the Lord ChanceUer with those on the left hand ; and
thereafter having rounded with the Lord ChanceUer alone, being
about to pronounce the Interlocutor upon the foresaid reasons, the
accused Ministers desired of his Lordship that they might be
heard, for the better information of his Lordship and the rest of
the Lords, before any Literlocutor were pronounced in that
mater ; * and bemg permitted to speak, persaiving that upon the
word simpliciter contained in their DecUnatour, occasion was taken
be thefr adversaries to misconstruct and caUumniat their proceid
ings, as though they had maid a plaine denyaU of their subjec-
tione to his Majestie, and of his royaU power and authoritie over
them, and did disclaime themselffes altogether from all subjec
tion to his Majestie's CounseU, [in any cause whatsoever ; f] ther
for, for removeing that pretence from the Justice and Lords of
their proceidings, and aU prejudice quhUk by that caUumnie might
be fostered in the hearts of any against them, and to make both
the Justice and his assessours inexcussable, [as before God, so in
the sight of men, J] if they sould proceid against them for that
cause, they did explaine and cleirly manifest the trueth of their
meaning in their Declinatour, according as they had signified
' their mynd in their supphcation given in befor their Dechnatour.
The substance of their explanatione dytted be themselffes and re
gistrat in the Justice bookes, was to this effect : — That they were
never myndit to refuisse or detract the King's Majestie's royaU
authoritie as over all subjects, so over aU these of the ministrie in
their persons, guids and gear, bot were ever readie, and there did
* From the beginning of the paragraph to this place is from Gibson's MS., being
fuller than in Swinton's.
t From Gibson's MS. X Ibid.

474 CERTAINE RECORDS TOUCHING THE
in aU humilitie confess the same, and did submitt themselffes
therto in aU obedience ; as likwayes to aU uther inferiour judica-
tours of the land, and speciaUie to the CounseU, in aU matters
quhairin they are appoynted judges over any uther, his Majestie's
subjects in the kingdome ; aUbeit in the tlungs that conceme the
Kirk of God and jurisdiction therof, and specEUie in the matter
quhairupon they were accuissed, they had good reasson and war
rand, be the Word of God and lawes of the countrey, to declyne
his Hienes CounseU as no wayes judges competent therunto. For
as his Majestie does judge aU civiU causses concerning the PoUicie
be the advyse of CivUl persons, so his Majestie sould cause Ecclesi
asticaU matters to be determined be EcclesiasticaU persons aUaner-
Ue ; * declairing the GeneraU AssembUe to be the only lawfuU
judge to decerne of the lawfuUnes or unlawfuUnes of the Assem
blies of the Kirk, unto the quhilk they did submitt themselffes,
and to his Majestie, being present therin, as m tymes past, as ane
honorable member of the Kirk of God.
The Advocat and Justice persaiving by this declaratione and
preceiding reassons, aU that were present to pittie and abhore the
rigour and extreamitie used aUreadie against the Ministers without
any just cause, [finding the mater so cleare to the consciences of aU
men, that there was none how simple soever, that did not evidently
perceive the wrong already done to them, t] and that it would be
accompted a matter odious to aU men, if any conviction sould pas
against them, [or any hurt be done to their persons, J] efter so clear
a demonstration of their innocencie, they laboured instanthe with
the panneU to perswade them to lift their DecUnatour, that the >
process might stay and proceid no further.
To the which the Ministers answered, That, as before, so yet
stUl they were contented to take backe theE Appeale, if their
Honours would annul the Processe deduced against them, and the
Act of CounceU made thereon ; otherwise they could not, with a
safe conscience, expose themselves and the Church of God, in all
times hereafter, to the danger of such a decree as they had pro-
* Only. t Rom Gibson's MS. J Ibid.

ESTATE OF THE KIRK. 475
nounced, so prejudicaU to the kingdome of Christ and frie juris
diction of his Church, ordained by God, approved by the lawes,
and practised so long with such a blessing in this land; which
they behoved to do, if they should deprive themselves and spoile
the Church of so lawfuU and necessarie a defence : but they were
contented that that exposition of their Appeale should be recorded
in the bookes of CounceU, as the verie truth of their mynd and
intention in that mater, to make it knowne that they did in
nothing, by appealing, derogate to the King's royaU prerogative,
or to the lawfuU power and jurisdiction of his Majestie's CounceU
over thefr persons. *
The Lord Justice upon this answer pronounced his Interloqui
tor, repelling aU the reassons used be the Proloouttors for the
panneU, ordaineing the Ministers to pas to the tryaU of ane assyise,
the conclussion being taken befor their coming there, that quhat
soever sould be aUedged, they would have the Ministers convict,
and so put their lyves in his Majestie's hands by terrour of that
sentence, thinking to bring them unto that submission and con
fession quhairto, by no uther travell, they could perswade them.
The Justice haveing pronounced this most unjust hiterloquitor,
affirmeing that aU the Lords, in ane voyce, had so decerned, the
Lord HaUyrudhouse, and Mr John Prestoun, CoUectour, t publict-
lie opponed, declairing they had not aU consented to so unjust a
sentence, and, therfor, wUled the Justice not to lay that blott
them. % The Lord Justice replied, saying, " No, my Lords, ye
shaU have your partes in this bussines alse weU as I, and your
* names shaU be set thereto, to continue for aU times comming, and
beare the burthen thereof with me." The said two Lordes con
tinuing to utter their discontentment because their names were
* This paragraph is taken from Gibsons's MS., being fuller than in Swinton's.
t John Bothwell, Commendator of, and afterwards Lord Holyroodhouse, was one of
the Lords of Session ; John Preston of Fentonbarns, afterwards Lord President, was
also a Lord of Session, and Collector General of the King's Augmentations.
X From this to the words " [Sir Archibald]," in line 5th of Cap. x., is from Gibson's
MS. In Swinton's it is represented only by the words, " The Justice, notwithstand
ing, proceids to the calling of the assyze or jurie ; videlicet."

476 CERTAINE RECORDS TOUCHING THE
to be noted with that deed, the Lord Chancellor spake to the
Lord CoUector, saying, " My Lord, that needeth not."

CAP. X.
THE JURIE IS CALLED, THE EXHORTATION MADE TO THEM, AND
THEIR PROCEEDINGS.
Notwithstanding aU the preceiding reasons, the Lord Justice
proceedes, no man making any further answere ; and the jurie
(the most part whereof, contrarie to the Act of Parhament, had not
tiU that present time bene present at the arraignment, nor heard
the reasoning) were caUed and sworne ; nameUe, [Sir Archibald]
StirUng of Keir ; [John] Livingstoun of Dunnipace ; [James]
Shaw of Sachie ; [Thomas] Livingstoun of Pantoun ; [Robert]
Livingstoun of Westquarter ; Gavin Home of Johnsclewghe ;
[Sir John] Forester of Carden ; [Henry] Stewart of CraighaU ;
[Sir George] Home of Broxmouthe ; [Sir Patrick] Home of Poll-
wart ; [Sir John] Home of North-Berwick ; [Alexander] Home of
Rentoun ; [George] Home of Deanes ; James Gib of Carribber,
and Mark Swintoun in Innerkeithen ; of whom * there were some
knowen to the Lords to be bis Majestie's rebeUs, as, namehe,
[Henry] Stewart of CraighaU; sum to be oppen enemies to the
trueth, and of a vyUe and deboshed lyfe, as, namehe, Mark Swin
toun ; the rest, with these, for the most pairt utterlie ignoraunt
* In Gibson's MS. the reading from this to the end of the paragraph is somewhat
different, being as follows : " of whom the Lord Justice reporting verie honestlie, as •-
men zealous in religion, and honest in fame and conversation, desired the ministers to
shew if they had any thing to say against any of them ; who, without objecting against
any, admitted them all, being for the most part altogether unknowne to them ; al
though they were desired by some honest men to object against divers of them ; name-
lie, against CraighaU and Marke Swintoun, the first being a rebell, the latter being a
professed Papist. Yet because these things were unknown to them, and they had no
present proofe thereof, they keept silence, and suffered the Lord Justice to proceed.
Notwithstanding, some of the jurie being verie desirous to shift themselves from that
bussines, (as diverse others had done before, partly by corrupting the Clerke's officers,
partly by hasarding to pay the fine,) did object against themselves, after they had
hoard the mater laid open by the Lord Advocate, and the speeches uttered by the
ministers, as shall be declared afterwards."

ESTATE OF THE KIRK. 477
of sic matters, and as unacquaint with the PanneU and their pro--
ceichng, so aUtogether unknowen to the panneU ; so that they could
object nothing against them, in respect they knew none of them
except Dunnypace and KeE. Besyde the most pairt of them,
contrair to the Ew, had bein absent aU the tyme of their reasson-
ing, and so ought , not to have bein put upon the inquest of a
matter quhilk they had never heard nor knowen.
Yet being admitted and sworne, the Advocate declaired to them
that the Ministers were panneUed for treasson, in respect of their
DecUnatour proponed be them against the CounseU, in the matter
of their AssembUe, quhairof the CounseU were judges, most proper-
he, according to the expresse law of the countrey, quhairupon they
were accuissed, to wit, the first statute of the ParUament haulden
upon the twentie-two day of Maij 1584 ; and to prove that they
had transgressed that said statute, he produced their Dechnatour,
subscryved with their hands, quhUk they denyed not, as also the
decreit of the Secreit CounseU, quhairin they had found themselffes
judges in that matter, and the chairge aUedged used against them
at the Marcat Crosse of Aberdeine, with the extract of their pro
ceidings at Aberdeine, quhairby they confessed the ressait of the
CounseU's letter; and therefter aUedged that the haUl defences
quhilk they had used were heard, discussed and repeUed be the
judges, so that there rested nothing to the Jurie to find bot if they
had declyned, quhilk he alleged could not be controverted, in
respect of their own hand wrytte, confessed and acknowledged be
them in judgment ; and therfor protected, seeing the judges had
V found the dittayes relevant, and their deffences nothing, that if
the Jurie sould acquyt the panneU they sould incurr the paines of
willftdl errour, and so endanger their lyfe, lands and gear; and
reprotestit in the contrair.
To this it was answered be the Procurators for the panneU, That
the Assyse sould consider * from the begining'the ground quhair-
* In Gibson's MS. this address is in the first person. It commences, " Thereafter
Mr Thomas Hope, advocate for the Ministers, replied to the Lord Advocat's speeches
as followes : — ' The jurie should consider,' " &c.

478 CERTAINE RECORDS TOUCHING THE
upon the panneU was accuissed, quhUk is ane aUedged DecUnatour
proponed, be them against the Secreit CounseU ; and confer the
Declinatour with the law quhairupon they were accuissed, to
try whither if the samen be sic ane Declinatour as may be com-
prehendit within the bounds thereof, or merite to be caUed treas
sonable ; for the words of the law makes mention that the caus
of the makeing thereof proceids from som contumatious and sedi
tious persons quhilk contemptuousUe declyned the King's Ma
jestie's authoritie, being accuissed of treassonable and seditious
speaches uttered be them, swa that the force of this law must
stryke upon the contemners of the King's Majestie's authoritie
and declyners thereof. Bot so it is, that there can be no contempt
nor treasonable proceiding layed to the chairge of the panneU;
for quhat they did m their meitting at Aberdein, it was be ane
warrand of the Word of God, and be the privUedges of the Kirk,
granted thereto be the lawes of the countrey, and be ane speciaU
appoyntment maid be the King's Majestie, with the advyse of
the Kirk, appoynting the said day for the meitting of the GeneraU
AssembUe ; and in this there could be no contempt argued. And
quhairas it is layed to their charge that they proceeded against
the King's Majestie's inhibitione and letters directed against them;
for purgeing of that matter, they were ever readie, m presence of
the CounseU, to reduce and unprove the said chairges as manifest-
Ue false; lykas now they would, in presence of God, and the haiU
nobilUtie and people conveined, tak upon their consciences that
there was never any sic chairges used against them. As to the
CounseU's letter, it was in effect obeyed ; only a tyme was ap-*
poynted for the nixt AssembUe, and a continuatione was maid
to a certaine day. And that was their behaviour in haulding
the Assemblie, without [any] contempt of his Majestie. So they
thought that no person fearing God sould take upon their soules
and consciences to pronounce them guUtie of treasson, who had
ever, in aU obedience, behaived themselffes towards his Majestie.
And as to the law quhairupon they wer accuissed, the samen
could not stryke against them, for diverse reasones declaired to

ESTATE OF THE KIRK. 479
the judge, quhUk the Assyse ought to consider ; bot speciaUie in
respect of ane posteriour Act of ParUament maid in anno 1592,
quhairby the Act in anno 1584, quhairupon they are accuissed,
is expresslie dischairged, that the same sould not be extendit to
the EcclesiasticaU censures. And quhair it is meaned be my
Lord Advocat that aU their defences are aUready repeUed be the
judge, and that the assyse hes nothing adoe bot to find that they
have declyned : To this there may be ane clear answer maid, for
the Assyse hes to judge according to their conscience, whither
this DecUnatour proponed be them be sic a Declinatour as may
faU within the compas of the law ; and speciaUie the assyse hes
to considder that the DecUnatour quhairupon they are accuissed
is caUed in the dittay " ane treasonabUe DecUnatour ;" quhilk is no
wayes provene, for there is nothing showne nor can be showne to
prove this qualUtie of their DecUnatour — that the same is treasson
able. And if the samen be not found to be treassonable, the dittay
cannot be provene ; for quhairsoever there is a qualUtie annexed
to any fact, against the quhilk there is a speciaU paine sett doun,
that qualUtie must be proven or the pain cannot be imponed, as is
manifest in the act agauist thift m landed men. And therfor the
Assyse, as they wUl answer to God, sould judge and decyde in the
said matter.
To this if was answered, be the Lord Advocat, That it is trew
quhair the qualUtie consists in facto, the samen ought to be proven,
bot not quhair the samen consists in jure. And it is trew that
this qualUtie treassondblle is mduced be the law, &c.
* It was subjoyned for the PanneU, That the quaUitie treassonable
consists in facto ; vE., to prove ane contempt against his Majestie ;
and suppose the law inflicts the paine of treasson, yet it must be
upon ane contemptuous and treassonnable DecUnatour ; and it fol-
lowes, not that aU that quhilk is punished be paine of treasson is
treassonnable. * The reasoning being ended, and the Jurie being readie to be
* What follows from this to the paragraph in the next sheet, ending with these words,
" and the morrow after to be conveyed to their ward in Blacknes," is mostly printed
from Gibson's MS., as being much fuller than the corresponding part in Swinton's.

480 CERTAINE RECORDS TOUCHING THE
put apart and inclosed, the Ministers desired to be heard before
their removing ; which was granted by the Lord Justice, desiring
them earnestly to be short, seeing the day was spent. So in the
name of the rest of the ministers, Mr John Forbes spoke first, in
substance as foUowes : —
" Ye Knights and Gentlemen that ar chosen on our jurie have
need to take heed to yourselves what ye doe in this matter ; there
fore yee ought first to understand and consider the cause why
this day we ar thus accused, lest, otherwayes, through your igno
rance, ye bring our innocent blood upon your heades, which
assuredlie the Lord wiU require at your hands, if ye condemne us
in this cause. The mater is such as we ar not ashamed thereof,
and for the which we ar contented not only to suffer reproach and
imprisonment, but (if so it shaU please the Lord) we ar ready by
his grace, to seale up the truth therof with the blood that is near
est to our hearts. I know that we are by many that understand
not the truth of our proceidings [thought] to be wilfuU in refusing
to acknowledge an offence against the King for keeping our
Assemblie at Aberdene, in regard that it is aUedged, [first,] That we
were charged and warned by open proclamation the day preceed
ing, to desist from keeping of it, upon the pain of rebeUion ; which
charge is given in to the CounceU, as executed against us by the
Laird of Laurestoun, and we thereupon outlawed, being neither
cited nor heard. Secondly, The letter sent from the CounceU is
aUedged against us, to prove our disobedience and contempt of his
Highnes authoritie. And, lastly, the letter sent by the Commis
sioners of the GeneraU AssembUe to our Presbyteries ; wherein it<-
was signified, that it was the King's wUl and pleasure that our
Assemblie should be continued. Concerning the aUedged charge,
upon paine of outlawing, we here protest, in the sight and presence
of the eternaU God, who knowes the secrets of all hearts, that as
we shall answere to him in that great day, we never heard nor
understood of any such charge, neither did any notice or know
ledge thereof come to our eares directlie or indirectlie by Laures
toun, his officer or witnes, though still present with us, nor yet

ESTATE OF THE KIRK. 481
by any other Uving creature. Yea, we ar persuaded in our con
science, and so we hope that your Lordships of his Majestie's
CounceU ar also, that it is a manifest falshood and untruth ;
neither wUl Laurestoun, the officer or witnes, stand by it if they
were strictly examined. Moreover, we oftymes, by our humble
petition to your Honours, have offered to reduce and improve the
same, but as yet could never be heard, aU our petitions being con-
tinuaUy rejected, and still we darre upon the hasard and perUl of
our Ufe undertake the same.
" Furthermore, to testifie our reverend obedience to his Majestie,
the same letters being executed against us personally, the 2d of
Julij, when we were assembled, we yeelded humble obedience to
the charge without delay, and have sufficient proofes to witnes the
same, subscribed by famous Notaries.
" Touching the Letter sent from the CounceU, first it was directed
on the backe thus : ' To the Brethren of the Ministers convened in
the Assemblie at Aberdeen;' and so, by the verie direction, it behov
ed us to be Assembled, before it could either be receaved, redde, or
answered. SecondUe, it requyred two things ; first, that we should
dissolve our present meeting ; secondlie, that we should appoint no
time nor place for another AssembUe. In the first we fully satis
fied the Laird of Laurestoun, by leaving off the treating of any
affaires of our AssembUe at that time. The second was such as
neither law, reason, nor conscience could suffer us to obey, in doing
whereof we could not have bene answerable to our Presbyteries
and Synodes that sent us ; seeing thereby we should have suffered
|he diet of our Assemblie to be extinguished, , and so by our deed
had deprived the Church of that lawfull established order and
custome of appointing the diet, the time and place, of our next
meeting, before our breaking up, according to the ordinance both
of the Church and of the lawes of the land ; so that, in that point,
a necessity was layed upon us, since otherwayes the Church could
not have had a Generall Assemblie convened againe, according to
the ordinarie custom and manner established and practised hitherto,
since the reformation of religion, and so not without evident danger.
2h

482 CERTAINE RECORDS TOUCHING THE
Neverthelesse we did not appoint any new diet before we had first
simpliciter offered it to the Laird of Laurestoun to be appointed by
him, long or short, as he pleased ; which he obstinathe refused. But
put the case that we disobeyed that letter, shaU the not obeying of
the CouncelPs privat letter be accounted a matter of rebelhon, and
contempt of the King's authoritie ? Looke yee to it, my Lords, if
yee wiU suffer such a preparative to take place ; as for us, we can
neither esteeme so of it nor by our sUence approve it.
" Now, touching the other letter of the Commissioners, as
it was in itselfe unlawfuU, requiring a prorogation, without ap
pointing of either tyme or place, yet we were nowayes tied con
traire to both the lawes of the Church and Kingdome. So
although they had appointed both time and place, yet we were
nowayes tied by any law or ordinance to obey them in that
point ; because, in the GeneraU AssembUe keept at Holyrud
house, by a plaine law of the Church, made in his Majestie's
presence, and with his consent, aU power of changing or delay
ing the diets of the Generall AssembUes was taken from them,
and the diets of the Assembhes ordained for aU time comming to
be both appointed and keeped according to the order set downe
in the Act of Parhament. This law, agriable to that law of his
Majestie's Parhament, was a more authenticke signification to us in
that mater of his Majestie's wiU, contrarie to the naked assertion
of that privat letter, then the said assertion contrarie to that law
made by the King's consent. But although such a mater might
be counted disobedience to the King, we ought neither to be ac
cused nor convicted of disobedience to his Majestie ; but seeing
their letters were directed to our Presbyteries, and not particularly
to us, they are bound to answere to it, and not we, who went not
but through their direction and commandment, whom it behoved*
us to obey. And as for our meeting in Aberdene at that time, we
are able to produce their letter subscribed by the Laird of Laures
toun and Mr Patrick GaUoway, appointing that same day and place
for that meeting to us ; so that there is no cause whereby we can
be justly taxed of. disobedience for that meeting. But the truth

ESTATE OF THE KIRK. 483
is, I sie we must beare the punishment of the iniquitie of the Com
missioners of the Generall Assemblie, who through their naughtie
devises and crooked courses, in seeking to subvert the libertie and
lawfuU jurisdictions of the kingdome and Church of Christ, and to
bring in againe the antichristian tyrannie of the Romish Hierarchie,
by pubhke profession, subscription and oath hitherto abjured by
themselves, as contrarie to the Word of God and practise of the
apostles, have hereby brought aU this trouble unto the Church of
God, and are the authors and procurers of whatsoever vexation
and trouble we have sustauied ; upon whom we may justly lay
the blame of all that hitherto we have or hereafter shaU suffer in
this cause. So we referre to your judgment, what a strange thing
this is, that We, who are taken in no iniquitie, whose doing can
be condemned by no law, and who are found to keepe ourselves
within the compasse of our calling, exercising the ordinarie points
thereof, according to God's Word, the ordinances of the Church
and lawes of the land, according to the ordinarie and accustomed
practise, observed since the beginning of the Reformation, that We,
I say, in this case, should be esteemed and reputed to be the cause
of aU these evUs ; whereas, in verie truth, it is they who, for the
maintaining of their iniquitie, still incensing and stirring up the
King against us, and, through their policie, intending to bring
him to be a furtherer of their purpose, have bene and stiU are the
fountaine out of the which do flow aU the troubles.
1 " And now to the end that yee that are of the Jurie may know
how neare this mater toucheth you alse weU as us, I desire
you to take heed to the Confession of Faith, which each one of
you hath subscribed, and to the Oath, which therein each one
of you hath made, by the great name of your God, to maintaine
the same Discipline of this Church, for the which we ar ac
cused. The words ar these, which I reade to you out of this
printed Confession for your better information : " To the which
(meaning the Reformed Church) we joyne ourselves wilUnglie in
doctrine, faith, religion, discipline, and use of holy Sacraments, as
livelie members of the same in Christ our Head, promising and
2 h 2

484 CERTAINE RECORDS TOUCHING THE
swearing, by the great name of the Lord our God, that we shaU
continew in the doctrine and discipUne of this Church, and shah
defend the same, according to our vocation and power, all the
dayes of our Ufe, upon the paine contained in the law, and danger
both of body and soule in the day of God's fearfuU judgement."
Consider now, I pray you, these wordes, sworne and subscribed
both by you and us ; let this first teach you what a necessitie is
first layed on us, not only to practise, but, also, with the verie
hasard of our lives, to stand to the maintenence and defence of
this Discipline, for the which we ar this day accused. And, nixt,
I wish you to take heed in what estate you stand in judging of us,
if this day yee condemne us for defending that which yee your
selves, upon so great paine, ar obliged to defend, for the profes
sion and maintenance whereof both yee and we ar so weU war-
randed by the Word of God and lawes of the land ; that as for us,
our lives in this case ar not deare to us, although yee should con
demne us, since, in our Appeale, which in this mater we have
used, we have done nothing in the smaUest iote which may de
rogate to the King's royal prerogative, or which is contrarie to the
lawes of the kingdome and practise of the Church before in Ms
Majestie's owne presence ; having alwayes submitted ourselves in
aU things civill to his Majestie's CounceU, as our petition given in
before our Appeale to the CounceU evidentUe witnesseth, which
here I give you to reade, together with our present declaration
made of our mind in that mater, to remove aU scruple that might
arise in the hearts of any upon the wordes of our Appeale, which
hitherto have [been] interpreted amisse by such as have sought^
by all meanes, to involve us in some guUtines, to make the pro
ceedings against us to have some appearance of justice and equi-
tie, so [as] to bring us and our cause in hatred and detestation.'
And, therefore, I charge you, in the sight of God, that yee judge <
of us this day as yee would wish him to judge of you in that great
day, when yee shall render an account to Him of this your Oath." *
* This speech of Forbes, as given in Gibson's MS., contains some passages
not in Swinton's MS., while the latter contains some passages which are not in

ESTATE OF THE KIRK. 485
To this Speech nothing was replied by any persone ; only the
Lord Advocat layed hold on one point, wherein it was aUedged,
that by humble petition to the CounceU, they had offered to re
duce and disprove the execution given in against them by Lau
restoun, and that they were never heard nor admitted ; against
which the Lord Advocat affirmed, that they never heard any such
thing, and if they had been purposed to do so, they should have
made sute to him in that mater, as a thing belonging to his
office. To whom the Ministers answered, That he could not be ignorant,
neither yet the rest of the CounceU of their petition ; first, in re
spect of the bUl given in by them to the CounceU for that effect,
he being present there that day when Mr John Forbes was first
committed. to the Castle of Edenburgh. Secondlie, Because that
same point was set downe as one of their reasons, in the answere
given in by them by way of declaratione to the lybeU persewed
against them the 24th of October ; aU which answeres, and that
especiaUy among the rest, were openly redde, at that same time,
before the whole Councell, in his Lordship's hearing ; unto the
which, neither then nor before, nor yet thereafter, could they ever
receive any answere from the CounceU, or from his Honour,
Touching the order and forme keept in making sute to his Lord
ship in such matters they professe their ignorance. Howsoever
it be, they had petitioned to the Councell, where he was present,
and one of the number.
After this, the accused Ministers being demanded by the Lord
Justice if they had any more to say, Mr John WeEh addressed
his speech to the Jurie, in maner foUowing : — " As we are unknown
to you so are yee to us ; for there are manie of you whose faces we
never saw before. Neverthelesse we are your brethren in Christ,
professing the same faith, in communion of the same GospeU, and
although our persones are not to be regarded much, yet, notwith-
Gibson's. Swinton's copy of it will be given in the notice of Forbes' Life prefixed to
this volume, to which the Reader, who may wish to compare the two versions of it
together, is referred.

486 CERTAINE RECORDS TOUCHING THE
standing, we are the servants and ambassadours of the great God,
howsoever men esteeme of us ; and that which shaU be done to us
he shaU account it as done to himselfe, and therefore we say to
you, as Jeremie said to the Princes, when he was standing before
them, accused by the Priests and Prophets as we are this day,
" Behold we are in your handes this day, do with us as it shaU
please our God to direct you : but know for a certaintie, that if ye
condemne us, ye shaU bring innocent blood upon yourselves and
the whole land : for of a truth the Lord did send us, and there is
no unrighteousnes in our hands. " As for the mater wherof we are
to be accused, and yee are to be our judges this day, we are fully
resolved of it that it is the undoubted truth of God, and belongs
essentiaUy to Christ's croune and kingdome; and, therefore, we
have come forth this morning with greater joy and gladnes to this .
tribunaU then ever we did when we went to eate and drink, being
hungry and thirstie, and through the Lordes grace are resolved to
seale it up with the testimonie of our blood, if it shall please Em
to caU us thereto. And this our resolution is neither yesterday
nor the day ; for these twenty-four weekes imprisonment of us
might have given us leasure to consider the weight and heavines
thereof. So that howsoever many men think it to be but an indif
ferent mater, yet it is not so in our consciences, but contrariwise
a maine and essentiaU point of Christ's kingdome ; it being one of
his royaU prerogatives to be supreme judge in aU EcclesiasticaU
and spirituaU affaires, which are matters belonging to his king-
dome, the outward administration whereof he exerciseth in and '
by his Church only ; so that as we have our offices and callings
only of him in his Church and by the ordinance thereof, so should
we be judged in the duties of our EcclesiasticaU offices onlie by
him, and under him by the EcclesiasticaU Courts of his Churchr
And lUse as Councells, Parliaments, and aU CiviU courts belong to
the RoyaU croune of a worldlie kingdome, so do aU the Ecclesiasti
caU Assemblies and Conventions of the Church (whereof our Ge
neraU Assemblie is one of the cheefest,) belong to Christ's spiritu
al! kingdome ; and, therefore, the judging of the lawfulnes or

ESTATE OF THE KIRK. 487
unlawfulnes of them belongs unto Christ by his Church. Now,
therefore, since that posterior Act of Parliament 1592, which dero
gates to the former of the yeare 1584, speciaU exception being
made both of heades of religion and essentiaU EcclesiasticaU cen
sures of the Church warranded by the Word of God, under which
this mater whereof we ar accussed is easilie comprehended, — the
souvereigntie of Christ in judging all the affaires of his spirituaU
kingdome, as an essentiaU part of his royaU dignitie, being an
especEU head of rehgion, and the lawfulnes or unlawfulnes of our
Assembhes, whereof our Generall Assembhes ar the cheef, war
randed by the Word, and having bene used and practised long
before there was a civill law made for the approbation thereof,
being an essential Ecclesiastial censure ; it is most evident, that we
cannot justlie be accounted guUtie of treason for declining from
the Councel's judgement in that point, it being so clearlie excepted
in this latter Act, which derogates to the former. And, moreover,
this is no new thing which we have done, neither ar we only of this
mind : for an Appeale was given in before this to the Councell
by the Church, subscribed by almost 400 ministers, and among
them some Bishopes and Commissioners, who ar the fountane of
aU our troubles, and of all the evils of God's Church within this
land, upon whom here we lay the cheefe blame of aU our trouble
that hath or shaU come to us or the Church of God within this
land ; even they, we say, have subscribed that Appeale, and their
hand-writtes are yet stiU extant, to testifie their approbation of us
in doing no other thing, by our appeaUing from the CounceU,
„then that which hath bene done by themselves before. But there
is one thing which cheeflie I would have you to consider, name-
lie, that which our Brother spake to you before, touching that
solemne Oath whereby yee are aU bound, upon the paine of eternaU
damnation, to maintaine the present Discipline of this Church. The
wordes that containe your oath ye have heard redde to you before.
This not only yee that ar on our Jurie, but the King himselfe, and
yee my Lords of the Privie Councell, and all the Estates of the
land have sworne and subscribed. Seeing, therefore, that our

488 CERTAINE RECORDS TOUCHING THE
Generall AssembUes, and judging of the lawfulnes and unEwftdnes
of them, is a part of that Discipline which yee all and we ar sworne
to defend upon the paine of endlesse damnation ; we now, there
fore, testifie unto you, in the sight of God and of his elected angels,
that yee ought to beware that yee breake not that solemne Oath,
and so bring upon yourselves both that guUtines and the guUtines
of our innocent blood."
This speech being 'ended, the hearts of the Jurie and aU that
were present being much moved, the Lord Advocat spake to the
Jurie againe, saying, that it was needles to make answere to aU
those things that were spoken, neither ought they to be moved
with such wind ; and so beganne to discourse of the King's wisdom,
equitie, justice, clemencie and long patience at aU times, in his
proceedings with the Church, and especiaUy with these that were
accused, in his wUlingnes to have pardoned their offence, upon
their humble petition and submission; and, thereafter, praised much
the Councel's lenitie and courtesie towards them, in waiting so
long for the space of twelve or threttene weeks for their better
resolution, and now, even at the last point, in offering to them
this libertie to passe from their Appeale ; and hereon did greathe
aggravate their disobedience to the King, — willing the Jurie there
fore to take heed, not to their speeches, but to their obedience
and dutie to his Highnes in this mater, which now they had in
hand, wherein they had no more to do but to see if the Ministers
had appealed or not, seeing the Lord Justice and the Lords his
assessors had already refuted aU their defences, and found them to
have incurred the paine of treason, if the Jurie should try and find'
that they had appeaUed, which they eould not but find, in regard
of their subscribed Appeale, which there he produced againe, pro
testing againe that he would call them in question for wilfuU
errour, if they did not convict them, whereby their Uves, lands,
and goods would aU faU in the King's handes.
To this discourse it was answered by Mr John Forbes for the
PanneU : — " We do heartilie praise the Lord for his manifold bless
ings bestowed on him, neither can we bkme his Majestie as others

ESTATE OF THE KIRK. 489
for the wrong we have suffered. And how innocent we ar of
these calumnies that ar layed against us, touching the contempt
of his authority and disobeying of his commandment, we beUeve
that it is manifest to aU men by our former speeches. The lenitie
shewed by your Lordships of the CounceU to us may easUy be
seene and considered by our twenty-four weeks imprisonment
without any just cause, being the King's free subjects, and the
servants of the living God ; through the continuaU rejecting of all
our humble petitions, and refusing to do so much as looke on our
bihs ; and through our closse keeping, oftymes so strictly, that we
were excluded from all fellowship and societie, one of another,
amongst ourselves, and of aU other living creatures, by your
Honours speciaU direction concerning us, that so we might be left
utterly destitute of comfort : after which maner, none of the most
hainous malefactors within this land have ever bene handled before.
Yet we do rejoice herein, and ar ready, by the assistance of God,
to endure the uttermost extremitie that can be used against us,
hoping in God, that in this cause for the truth, your Lordships
shaU sooner be tyred with afflicting then we with suffering. But
because [by] your not weighing gravehe enough the words of the
Oath and solemne Covenant, [you] go about by fair speeches and
coloured pretences to draw on this guUtines upon the jurie, whereof
we have given them warning ; that your Honours may know, that
both yee should be free from any such entisements, under whatso
ever colour, contrarie to the said Covenant, and they from being in-
tised in so weightie a mater, which standes then upon no lesse
then salvation and condemnation both of body and soule, upon any
pretence to violate their Oath, I wiU read to your Lordships and
them that part of the said Confession and Covenant which cleareth
the dutie of aU that have subscribed it in such maters : " And,
seeing that many ar stirred up by Satan and that Roman Anti
christ, to promeisse, sweare, subscryve, and for a tyme use the
holy sacraments in the Kirk deceitfuUie against their own con
science, mynding heirby, first, under the externaU cloke of reli
gion to corrupt and subvert secretly God's trew religion within

490 CERTAINE RECORDS TOUCHING THE
the Kirk, and efterward, quhen tyme may serve, to become open
enemies and persecutours of the same, under vaine hope of Popish
dispensation, devysed against the Word of God, to his greatter
confusion and their double condemnation in the day of the Lord
Jesus : We, therfore, wUhng to tak away aU suspitione of hypo-
crisie, and of sic double deaUing with God and his Kirk, protest,
and caU the Searcher of aU hearts for witness, that our mynds and
hearts doe wUlinglie agrie to this our confession, promeiss, oath
and subscriptione ; so that we are not moved for any worldly
respects, bot are perswadit only in our conscience, through the
knowledge and love of God's trew rehgione imprinted in our hearts
be the Holy Spirit, as we saU answer to him in that day quhen
the secreit of aU hearts saU be disclossed. And, forsameikUe as
the outward profession of religion and subscription therof is not
sufficient, except that our conversation and behaviour be agreeable
therto : Therfor we and every ane of us promeisses faithfuUie to
behaive ourselffes as trew professours of this gospeU in every
respect, so that, neither in pubhc nor in private, directlie nor indi-
rectlie, we saU impugne the veritie thereof be word or wrytte, bot
saU, be all meanes, maintaine and defend the samen, both in reas-
soning and utherwayes, so far as God wiU give us grace." — These
words I exhort your Honours, and you Knights and Gentlemen
of the Jurie, to weigh and consider that yee jest not with God in
a mater of so great moment."
Thereafter Mr John Forbes directed his speech to the Earl of
Dunbarre as foUowes : — " My Lord, Since you ar in favour with
the King, and I am persuaded your Lordship loves his peace and ,
welfaire ; being bound by many obligations to do the same, as ye
also my Lords that ar here, there is an historie which I remember,
and would intreat your Honours to relate it to his Majestie, seeing
that I know not if ever I shall have the occasion hereafter to
spcake to him myselfe. Therefore, as my last dutie, I beseech your
Honours to give his Highnes this warning, that he may eshew the
inconvenience. The mater is this : In the 9th of Joshua, when
the people of Israel had entered into the land of Canaan, the

ESTATE OF THE KIRK. 491
Gibeonites, which were of the people appointed by God to be
destroyed, wrought craftily, putting old sakes upon their asses,
old bottles rent and bound up, with old clowted shoes on their
feet, and old rayment on them, with dried and moldie bread ; came
to Joshua, and faining themselves to have come from a verie farre
countrey, persuaded Joshua and the Princes to make a covenant
of peace with them, not consulting with the mouth of the Lord.
Thrie dayes after, the people, understanding that they dwelt in the
land, would have destroyed them ; but the Princes of the Congre
gation hindered them, affirming that they might not touch them,
because they had sworne to them by the Lord God of Israel.
Many yeares thereafter Saul sought to slay them, for his zeale
towards the chUdren of Israel and Judah ; for the which cause,
after the death of Saul, and renting of the kingdome from him and
his posteritie, the Lord sent three yeares famine in the land in the
dayes of David ; who asking counseU of the Lord, He answered
him that it was for Saul and his bloody house, because he slew the
Gibeonities. Therefore, at the request of the said people, David
delivered seven of the house of Saul into their hands, who were
hanged up before the sunne, and so the Lord was pacified, and his
judgment ceased. Now, my Lord, I beseech you in the name of
God to declare this to his Majestie, that his throne and posteritie
may be keeped blameles in this point, and so be free from the
wrath which otherwayes must needes foUow ; for if such a fearefull
judgement feU upon Said and upon his house, after that he was
slaine and the kingdome taken from his posteritie, and upon the
whole kingdome of Israel, for breaking the oath and covenant
made by Joshua and the people so many hundreth yeares before,
with such as they should have had no peace [with,] being of the
people appointed by God for utter destruction, and likewise pro
cured and purchased through fraud and deceit by the Gibeonites,
assuredlie the heavie wrath and judgement of God shaU light
upon his Highnes, his posteritie, upon you aU, my Lords, your
houses and posteritie, and upon the whole land and kingdome, if
the King be induced, (as the Lord forbidde,) or your Lordships

492 CERTAINE RECORDS TOUCHING THE
and this land consent, or suffer that solemne Oath and Covenant to
be broken, which is made with God himselfe, professed, subscribed
and sworne to by his Majestie himseffe and your Honours, everie
one that is here this day, and the whole body of this land, and
that by the great name of the Lord your God, upon no less paine
then eternal damnation of body and soule, in the day of his fearfuU
judgement. And therefore, I exhort you, My Lord, to shew his
Majestie this from me, as my last will, as from one that wisheth
him weU, and good and peace to him in the Lord. And I pray
you that ar here, to take heed to yourselves this day that yee do
nothing against the truth of God, and this discipline of the Church,
which, by the said Covenant yee obhged yourselves to defend,
according to your power, aU the dayes of your lives."
Their speaches endit, Mr Robert Durie, in name of the rest,
and in his own name, spake to the Lord Justice and whole Assem
blie, that seeing there was sufficient testimonie given them if they
lyked to considder it, they would add no more ; bot they all
approved and ratified that quhilk was spoken as aU their mynds
and meanings.
>NWe cannot heir pass in sUence the strange and diverse effjjefs
that^fekE speeches did work in the heads of aU the beholde^S; sum
witnessingMheir detestation of so peart and schamelegs^niquitie in
the CounseU, Js^tice and Commissioners, be tile indignation of
their countenance ; ushers manifesting thpk^pittie and just com
miseration of the most ufrjust sufferings of the panneU by their
teares ; bot most of all, the Ju^s^T and speciaU Counsellors utter
ing the astonishment of theis'neart isJSjE horrour of their conscience
by the confusion of fEeir faces ; and EsOsfi all, the Jurie, aUbeit
diverse of theni^fere brought there of purjJssge to convict the
PanneU, noi^ithstanding of any defence that soiS^^be maid ho
the cojj^Taire, yet did they declair how farr their heartsNljd -scan
tp»<onvict so monstrous and manifest ane wickednes. * ^v
First, Home of Polwart besought the Lord Justice and his As-

It

* This paragraph is taken from Swinton's MS., in which it is deleted by cross lines.
is not contained in Gibson's MS.

ESTATE OF THE KIRK. 493
sessors, that seeing that mater committed to them was such as the
hke thereof had never bene practised in their dayes, and he him
self an ignorant and unskUfuU man in such a purpose, and an aged
man past threescore years, that he might be spared, and another
more fit placed in his roome. To whom it was answered, He be
hoved to do as he could, for they would not change him. Nixt unto
him spake Home of North Berwick. Persaiving by the Justice's
answer to the former that no immunitie could be expected from the
inquest, [he] desired the Justice to defyn the matter committed to
their tryall, that they might clearly understand it; seeing the Advo
cat aUedged, that they had no more to cognosce but if the panneU
had declyned, quhUk was a matter not denyed be the panneU, aU
beit the dittay was otherwayes conceaved that they had treason
ablie declyned. The Lord Justice answered, Ye know what ye
have to do and try ; I need not tell you ; the Clerk wiU informe you.
Last of all spake Levingstone of Dunipace, desiring, in regard of
the newness of the mater, that it might please their Honours to
delay tiU nixt day, that they might have leasure to be the more
ripelie advised in it. The Lord Justice answered, That it could
not be delayed ; wherefore they behoved to proceede. Againe
Dunipace desired earnestlie, since the mater was so weighty, and
they aU so unskilfuU of it, that they might have the advise of
some wiser than themselves, and .skilfuU in the lawes, cheeflie Mr
Thomas Craig and Mr WUUam OUphant ; and that to this effect
they should be sent for, to be present with them. The Lord
Justice answered, It is against the lawes that any save the Jurie
should be present ; and therefore yee must do according to your
owne judgment in this matter, foUowing your conscience therein,
as yee wiU be answerable to God and the King ; and so command
ed them to remove ; Dunipace answering, That seeing it was so, he
would (God wiUing) for himself do according to conscience what
soever might proceed thereof.
Thus the Jurie went out from the judgment-seat to another
roome, where they were inclossed apairt be themselffes ; of whom
there were diverse that had beine particularlie dealt with be the

494 CERTAINE RECORDS TOUCHING THE
Lords, to convict the PanneU for his Majestie's pleassour ; of quhilk
number [Henry] Stewart of CraighaU was, who, notwithstanding
that he was purpossed to convict, yet to the intent he might have
the greatter credit with the rest of the Jurie, and be the lesse sus
pect be the panneU, had both oppenhe vowed that he sould cleanse
if he were put on that inquest, and also privathe had promeissed
to sum other barrones on the assysse to doe the same. Quhair
upon the whole number, aUbeit of diverse dispositions, did consti
tute him Foreman of the jurie, or, as they caU him, ChanceUour of
the Assysse. The matter being proponed and read by the Clerk,
the whole Jurie inclyned to absolve the panneU, in respect of the
clear evidence of their innocencie. Quhairupon CraighaU, being
obledged secreitlie to convict, did stay the votting, and, leaving
the rest, came out to the Lord Justice and the Lords, (being ac
companied with the Lord Justice-Clerk, who, contrair to the law,
Parliament, xi., act 91, * remained with the Assysse,) and signified
to them quhat way the matter was lyke to goe. Quhairupon
the Lords did direct the Justice-Depute, with CraighaU and the
Justice-Clerk, to the panneU, to desyre them to lift their Declina
tour that yet the matter might cease from farder proces, and the
Assysse be raised without any conclusion or sentence.
The Ministers being still of their first resolution answered, That
upon the conditions above specified, in their former answere to the
same offer, they were contented to take it" backe ; otherwayes they
could not, whatsoever might befaU them. Yet to persuade them,
the Lord Justice-Clerk and CraighaU propouned the dangerous issue
of the Jurie, as though they could not but condemne them. The .
Ministers therein desired them and the rest to do nowayes for any
respect of them but as they would answere to God in the d,ay of
judgement, according to equitie and good conscience in that mater.
Thus they returned againe to the jurie. The Lords, upon this infor
mation, fearing that the Jurie would absolve the Ministers, besides
many terrors casten in to the jurie if they should do so, they assured
them withall, that the condemning of them should tend to no pre-
* Jnlv the 29th, 1587.

ESTATE OP THE KIRK. " 495
judice either of the Church, of their persones or estate ; but was
onlie sought as the fittest meane, by pacifying the King, to prepare
the way to peace ; which things were not only privatlie spoken to
divers apart, but also were declared to the whole Jurie together, by
such of the Lordes as went in to them. After this, the mater going
to voting ; notwithstanding that Dunipace, in great wisdome, cour
age, and freedom of speech, had both declared the equitie of the
cause and innocencie of the persones, and had layed before the jurie
the terrible judgement of God abiding them, [if they should be
pleassouring of any fleshe, or, respect of this world, so manifestlie
against reassone and good conscience, convict so innocent persons,*]
yet the most part, moved partlie by the terrors, and parthe by the
foresaid promises, condemned them; they being withaU the greatest
part of them almost profane Atheists, and men without God, or
weake minded, and too simple and credulous. They were Home of
Polwart; Home of North Berwick; Home of Broxmouth ; Home
of Deanes ; Home of Rentoun ; James Gibb of Caribber ; Mark
Swintoun ; Frosterf of Carden; and Stewart of CraighaU, X foreman.
The others, being six, absolved them; to wit, Livingstoun of Dunny-
pace ; Sterling of Keir ; Shaw of Sachie ; Livingstoun of Pantoun ;
Livingstoun of Westquarter ; and Gawine Home of Johnscleugh.
Having concluded, they returned before the Lord Justice, where
the Clerk-Deputy, being much perplexed with the proceeding of
the Jurie, and not able to refraine from teares, abhorring to pro
nounce their conclusion and verdict, wUled CraighaU, the Foreman,
to pronounce it himselfe ; who being inquired of the Lord Justice,
i answered, That the Jurie had found the accused Ministers guUtie
of treasonable appealing. Whereunto the Clerk subjoined that
the greater part of the Jurie had found it so.
Hereupon the Lord Justice, after a short and secrete conference
with the Lord ChanceUer, the Earle of Dumbarre, and some other
Lordes, delayed the giving, forth of the sentence of condemnation
* From Swinton's MS.
t Froster, for Forrester of Carden.
X CraighaU in the MS., but properly Craigiehall.

496 CERTAINE RECORDS TOUCHING THE
tiU the King's mind were further knowne, and ordained the Minis
ters to be keept that night be the Earle of Linhthgow, and the
morow after to be conveyed to their ward in BEknes. *
v^Who had beine present might have seine the strange amj^f'
menxSSsiJastonishment of all men at so fearfuU and detes^aole ane
iniquity, nonssi^uttering ane signe of joy, no np^of the Lord?,
except these four aUa*i»erlie, Dumfermhngj^%aunceUour ; Dumbar,
Thesaurer ; Ballmirrinoch7sPs<isiden^fokene, ControUer ; and Sir
Thomas HamUtoun, Advowjj^to^se^t bewraying the doUour of
their hearts be theiragllntenance. BoL/a%«ye aU, the Clerk-De
pute, who wag^??ith the Assysse, at whose uiijssiand godless
proceidjagsbeing sore greived, he could not abstaine fro^s^inourn-
oppenhe befor the whole assembhe. t
Yet was the behaviour of the panneU no les admirable ; who
being nothing dismayed at that sentence, bot showing great cheer-
fuUnes in their countenances, they wiUed the Justice not to spair
the execution, more then the conviction, declairing that he would
gain nothing by delay, seeing that they hoped in God that no
drifting of tyme sould cause them to alter; bot as they wer there
readie most wiUinglie to lay down their lyfes for Jesus saike, and
the Ubertie of his kingdome, for the quhilk they exceidingly re-
joyced that he had counted them worthie to suffer and to be con
demned as malefactors, so by his grace they sould heirefter be
found no less readie-myndit to confirme that testimonie quhilk
they had given by their blood. [And so this action ended after
ten of the clocke at night, or thereby, and the Ministers were
convoyed by the guard to the Palace, and there were attended l.
by some of them that night. J]

* From the place marked at page 479 to the conclusion of this paragraph is
chiefly from Gibson's MS.
t This paragraph is deleted in Swinton's MS. by cross lines, but in Gibson's it is
given in an abridged form, without any marks of deletion, the names of the persons
mentioned being omitted.
X From Gibson's MS.

ESTATE OF THE KIRK. 497

CAP. XI.
THE THINGS THAT FOLLOWED UPON THIS PROCESS OF CONVIC
TION, AND OF THE PUBLISHING OF THE CALLUMNIOUS BOOK OF
" DECLARATION" SO OFTEN MENTIONED BEFORE, TOGETHER
WITH SOME GRIEFES OF THE MINISTERS OF LOUTHIAN AND
TEVIDALE, &C.
Thus endit that action of conviction about nyne hours* at night,
that justUe, both in respect of the matter, manner, and tyme, it
might be caUed a work of darkness ; quhairin so far were the ene
mies of the trueth from prevaiUing, that not only they wer frustrat
of their expected hope of yeilding in the Ministers or the panneU,
bot involved themselffes in the hatred and detestation of all men,
who then began to smeU out their malice against the trueth, and
unjust proceidings against the Ministrie, and did abhore their im
pudent unrighteousnes in judgment, in causeing willfullie condemne
the innocent servands of God as traittours to their Prince, whom
they in aU reverence did honour, love, and humbhe acknowledge
their Soveraigne and Lord in God, and under him in all things
concernuig this present lyfe, and authorised of God to be keiper of
both the tables of his law, and avenger of all contempt or disobe
dience against the same, even in their persons that wer the mes-
singers of God's eternal trueth. What change this wrought in
men's mynds it did suddainlie appear, both in CounseUours, people,
and pastours.
j. The four special enemies of the Kirk, ChaunceUour, President,
ControUer, and Advocat, haveing secreithe concludit to transport
Mr John Forbes and Mr John Welshe, as the men whom they
both most feared and hated, to Huntingtour, under the keiping
of the ControUer ; they thought good first to propone it to the
CounseU. QuhUk being assembled upon the morne, and hear
ing that matter proponed, one of the Lords answered, " That
there was rigour aneughe akeady used without any cause, and
* Gibson's MS. has " about ten of the clock."
2 I

498 CERTAINE RECORDS TOUCHING THE
therefor it wer good to use no more." Quhairat the ChaunceUour
answering, " It was his Majestie's wiU, and therfor who durst
oppone himselff;" the noblemen did ryse and depairt. Quhairupon
the CounseU dissolved and that matter deserted.
Thus * the effects of the former proceiding were these : First,
* From this to the close of the paragraph at p. 508, commencing with " The minis
ters, after mutual communication of their mindes," &c., is printed from Gibson's MS.
This part of the history in Swinton's MS. is given in an abridged form, but as it con
tains some additional facts, it has been thought proper to insert it as a foot note. It
is as follows : —
" The rest of the Ministrie, who befor, by misreport and sinistruous information of
their brethrein's proceidings maid be CounseUours and Commissioners, mislyked their
doeings, finding the trueth discovered, wer compelled in conscience, to justifie them
and their actions, and to boar witnes of their innocencie, not only privatlie to them
selffes by giveing them (allbeit now convict as traitours) the right hand of feUowship,
in that action, and their sufferings for it, bot also publictlie in pulpits, by their testi
monie to the people of their breithrein's honestie, innocencie, and fidelitie in the
cause of Christ, and of the wrong done to them in all that they had suffered. Quhair
upon the Counsell persaiving themselffes greatlie hatted for that quhilk they had done,
allbeit his Majestie, upon the report of their proceidings sent be themselffes, had willed
them to proceid with the rest of the Ministers in waird, in putting them to the lyke
tryell, and convicting them as they had done them inBlaknes, and had also sent his mynd
anent the doome to be execute against these who wer alreadie convict ; yet did the
Counsell conceaU the doome, and send back again to his Majestie, signifieing the
trouble that apparentlie would aryse if any farder severitie sould be used against the
persons convict, and difficultie that would be in procuiring the conviction of the rest,
both in respect of the great exclamation of the pastours and miscontentment of the
people for that quhilk was aUreadie done ; and, therefor, fearing themselffes as most just
lie hatted, for preventing their own perreU, they did desyre his Majestie to shew some
favour to these who wer convict, — quhilk favour was esteimed to be that they might be
banished and not execute to death; — and desyred his Majestie to delay the tryall of
the rest, lest the advantage gotten in the conviction past, sould be lost againe in
putting the rest to ane Assysse, seeing they assuredlie expected that they would be
cleanged. " Quhairunto his Majestie returned answer, That he could show no favour to the
Ministers convict, except they did humblie submitt themselffes to his Majestie, confess*
their offence, and craive him pardone ; yet would he be content to delay the pronounce-
ing of the doome against them tUl their brethrein sould also be convict, whose tryall
lykwayes he was willing sould be continewed till he had spoken with some of them
selffes whom he willed to repair towards him. These wer the Earle of Dumbar, the1
Controller and Advocat ; in the meantyme commanding them to put silence to the
pulpits in that matter be ane proclamation, under all heighest paine, for staying any
trouble or commotion to aryse.
" The Earle of Dumbar, considering the great disgrace and mislykeing quhilk that
action against the Ministers hes procuired to him among the people, and persaiveing
his friends, who for his pleasour had committed so great iniquitie, to be abhorred,
and himself abhorred bo them for bringing them to such ane ungracious and godless
earrand, resolved to be avenged on the ChaunceUor and President, (by whose secreit

ESTATE OF THE KIRK. 499
The cause why those men suffered being before hid from many,
was now clearlie discovered to all men ; Secondlie, Such as by
sinistrous report and information misliked their proceidino-s, were
forced in their consciences to justifie their doings and approve
their innocencie ; so that many of their brethren, who before were
either indifferent or altogether cold in that mater, were moved at
the sight and hearing of that day's processe to give them the right
hand of feUowship in that cause, professing themselves to be ready
to suffer therein with them ; whereof pubhck evidence and testi
monie was given by many pubhckUe in pulpits, to the glory of God
and great joy of the people, and for their care and pains taken for
the releefe of the brethren imprisoned in Blaknes; so that the
Presbyterie of Linhthgow was moved to direct a commission to
Mr Robert ComaU [Cornwall] to the Presbyterie of Edinburgh,
partlie to regrate the manifest iniquitie done to their brethren,
and partlie to desire their advyse and assistance in procuring
freedome to their unjustlie afflicted brethren, but had no answer.
About this time, the King sent home five Articles to be pro
pounded to aU the Synods of Scotland, by such Commissioners
as he had appoynted to that effect, and directed Mr Patrick Gallo
way, in absence of his Commissioner, Laurestoun, to desire all the
Synods to convene together in the month of February ; which
he did, suppressing in his letters all mention of the said articles,
and aUedging the said meeting to be appointed only for advysing
on such things as were fit to be propounded touching the Church
in the Parhament. The articles were these : —
convoy his Majestie was moved to send him in that bussines, and so be compelled to
involve himselff in that guiltiness and disgrace,) and for recoverie of the Kirk and
Countreye's favour, did conclude to labour at his Majestie's hands for favour to the
Ministers convict ; and to this effect traveUed with the Ministers of Edinbroughe, and
others in other pairts, to forbear aU pubUct speaches against that laite proceiding at Lin
lithgow, promeissing to settle that matter without prejudice to the Kirk or the persons
of their brethrein, whom he willed Mr James Mel vine to perswade for his Majestie's
satisfaction to accept his pardone. AU refused to keep silence, yet promeissed to be
spaireing in their speach, tiU they sould sie the effect of his traveUs. Mr James Mel-
vine refuissed to traveU in the other, being resolved of their mynd that they would
rather suffer quhatsoever extreamitie then either be submissive confession, or accep
tation of pardone, to justifie their unjust conviction. Efter this shortlie the Earle of
Dumbar took journey to Court."
2 i2

500 CERTAINE RECORDS TOUCHING THE
" 1. That no actes made in any former GeneraU Assemblie, the
King being present, be any wayes touched, altered, or interpreted.
" 2. That the Estate of Bishopes be not medled with, but that
they continew stUl as they ar now presenthe, tiU the King's further
wiU and pleasure be knowne.
" 3. That the Commissioners be not changed, but after triaU of
some notable fault in doctrine, life or conversation.
" 4. Notwithstanding any appeUation, that the Commissioners
proceed, they alwayes for their proceeding being answerable to the
nixt GeneraU Assembhe.
" 5. That they acknowledge the warrand of their meeting to
come from the Prince." *
* In Swinton's MS. an account is given of the judgment of the Synods with regard
to these articles, and, at the same time, of some other facts not contained in Gibson's
MS. These are inserted in Swinton's MS., under Cap. V, which is entitled, " The
Judgement of the Synods of his Majestie's Aktici.es, and pkacteiss of the
Bischops and som of the Nobilitie against the Chancellor and President."
And as they cannot, without breaking the thread of the narrative, be introduced into
the text, they are inserted in this place. It may be stated that the Chapters of Book ii.
in this MS., which are only six in number, do not correspond with those of Gibson's
MS., which are fourteen in number. Chapter V. commences as foUows : —
" Bot to returne againe to the purposse : Shortlie efter this actione diverse occas-
sions did faU out, quhairby the intention of the enemies of Christian Ubertie, both in
Kirk and PoUicie, was maid manifest, and aU scruple removed out of the mynds of the
most indifferent. The whoU Synods or ProvinciaU AssembUes of Scotland, being
desyred be Mr Patrick GaUoway, in his Majestie's name, to conveine in the moneth
of Februarij, fyye Articles wer presented to eveiy ane of them be two Commissioners,
the one, ane Lord or Barrone, the uther, ane Bischop or Commissioner direct from his
Majestie ; quhilk articles they craived that the Synods sould aUow and consent to
befor the GeneraU AssembUe ; the purpose and drift being, to have aU things concern
ing the authoritie of Commissioners and Bischops so surlie concludit, that in the Gene
raU AssembUe it sould not be possible to doe any thing in the prejudice therof, the »
fear quhairof was the only caus of such prolongation and drifting of it, and of the
causles rigour and extreamitie used against these who had mett in Aberdein. The
Articles wer these : —
" ' 1. First, That no acts maid in any former GeneraU AssembUe, his Majestie being ¦
present, be any wayes touched, altered or interpret.
" ' 2. Secondlie, That the Estaite of Bischops be not meUed with, bot that they
continew as they are now present, tiU his Majestie's farther pleassour and wiU be
knowen. " ' 3. Thirdlie, That the Commissioners be not altered, except upon the tryeU of
som notable fault in doctrine, lyfe or conversation.
" ' 4. Fourthlie, That notwithstanding of any appellation, that the Commissioners
proceid, they alwayes for their proceiding being answerable to the GeneraU Assemblie.

ESTATE OF THE KIRK. 501
The EarUe of Dumbarre being returned from Linlithgow to
Edenburgh, perceaving the great discontentment that possessed
" ' 5. FyfthUe, That they acknowledge that warrand of their meitting to cum be the
Prince.' " The Synods for the most pairt censured these Articles, as tending to the overthrow
of the present goverment and discipUne of the Kirk, approved and commanded be the
Word of God, and ratified be the lawes of the kingdom ; and alL except the Synod of
Angus, referred the answering therof simpliciter to the GeneraU AssembUe, as the
i judicatour spirituaU quhilk only had power to answer and discusse sic things as in
' common concerned the whoU Kirk within the land. Heirby was aU doubting that
did remaine removed out of aU men's hearts,' and the whoU ministrie walkand out of
their securitie ; it being plainUe discovered by the said articles proponed, defendit and
; urged be the Bishops and pretendit Commissioners, that the delay and let of the
GeneraU Assemblie did proceid from their etUng and purposse to have the power and
I authoritie of spirituaU jurisdiction estabUshed in the persons of Bischops, and to that
effect in the Commissioners, as their forrunners. This their resolution was therefter
more confirmed, when it was found that the Commissioners, speciaUie Mr Patrick
GaUoway, Mr James NicoUsone and Mr John Hall, were the devyssers, penners, and
I proponers of the first four to his Majestie, quhilk they did send to his Hienes, willing
him to send them as from himselff to the Synods ; unto the quhilk four Articles, as
| being whoUie conceaved in favours of the Commissioners and Bischops, his Majestie
: did add the fyfth for himselff. By this it may appear how much mor these deceitfull
i workers and hipocrytes in the Kirk are to be blaimed, for these troubles in the house
of God, than his Majestie, who, although he never dissembled his lykeing and desyre
to have Bischops estabUshed, yet had he not so far disquyeted his own Estaite, and
perturbit the peaceable and floorisbing Estaite of that Kirk, if, by the insatiable ava
rice, ambition, and desyre of preferment in these false brethrein, his Majestie had not
bein continuaUie steired fordward in .that work.
" Bot leaving them, I must now speak somwhat of that quhilk ensewed, of the goeing
of the fornamed Lords to Court : quhairin, befor I enter, we must not only caU to
mynd that quhilk befor we mentioned of the jealousie conceaved be the Bischops
against the ChaunceUor and President, and the accusation of the President be the
Bischop of Glasgow befor his Majestie, at their going up in the moneth of Septem
ber 1605, bot, also, that quhUk of lait, efter the action at LinUthgow did faU out
touching the same matter. We did signifie befor, that the Bischops becoming jealous
of the ChaunceUour and President as quyet enemies to their erection, upon fear that
the Bischops ryseing sould procuir their faU, Mr- John Spottiswood, Bischope of Glas
gow, did complaine heirof to his Majestie. Quhairupon, at their foresaid upgoeing to
Court, the President was hardUe accuissed of his Majestie, and had much adoe to de
fend himselff against the said Bischope ; yet at that tyme his Majestie compassed all
matters betwixt them and sent them home outwardUe agried, upon promeiss of the
President, in the CounseU's name, to promove the said erection be aU means. This
concord being bound up, mor for fear than love, did more irritat the mynds of the
Counsellers, who not the less durst no wayes oppenlie give any show of contrarietie
and opposition to the forderance of the forsaid Estaite of Bischopes, aUbeit in their
heart they wished their overthrow. This could not be so closelie conveyed be them
bot the Bischops espyed it, and, therefor, the said Bischop of Glasgow did set hunselff
whoUie to seik their disgrace, being puft up with hope to be ChaunceUour.
" The occasion to effectuat his purpose was rcndillic offered. There still remained

502 CERTAINE RECORDS TOUCHING THE
the hearts of aU people, for the proceidings of the Lordes at Lin
lithgow, delt first with the ministers of Edenburgh, to forbeare
ane miscontentment in the hearts of the ancient NobiUtie at the preferment of the
ChaunceUour and President, both becaus the government of the whoU kingdome was
put in their hands, and, also, becaus in procuiring therof they had given just matter
of offence to som of the nobiUtie, specialUe to the Earle of Montrose, who had suf
fered great indignitie of both ; the one haveing procuired his office of ChanceUarie over
his head, the uther haveing diBgracefuUie dislodged him out of his Majestie's Palace
of Halyrudhouse, becaus the custodie therof was committed to him. Besyde this, they
did stiU informe his Majestie, that the NobiUtie were the cheiff stay of the Bischops
erection, both for the favour borne to the ministrie and fear of their own loss, quhilk
they understood would be great if the erection did pas, in respect it could not be with
out the annulUng of the act of annexation of the kirk lands to the Croun ; by such re
ports confirming their own credit, and increassing his Majestie's mislyking towards the
nobilitie. The Bischope of Glasgow, upon this occasion of distraction betwixt the
nobUitie and these men, did endevour both to procuir their fall and his own ryseing ;
and, therfor, entered with the Lord Fleeming, who being son-in-law to the Earle of
Montrose, had taken in evill pairt the disgrace done be them to his father-in-law ; and
putting him in hoip to obtain him his Majestie's good countenance and favour, quhilk
then was aUenated from him upon the respects forsaids, he being one of the Lords
who at Perth had impedit that purpose of the alteration intendit ; and, moreover, did
put him in esperance, if he would condiscend to their erection, to perswade his Majes
tie to the displaceing of the ChaunceUour and President, and placeing of uthers in
their offices and also to give some advancement to himselff. The Lord Fleyming,
being most desyrous of their disgrace, did glaidUe condiscend to be a friend to the
erection. Quhairupon the Bischope took post to Court in great hope to work great
things ; [and] there, haveing renewed againe his former accusation of the ChaunceUour
and President, did, by all means, perswade his Majestie that they wer the only enemies
to their erection ; and, to confirme this, did give out som probabiUties, that they did
entertaine quyet intelligence with the ministers, and did secreitUe encourage them to
resist that matter ; rememberring among the rest the speaches that had past betwixt
the ChaunceUor and Mr John Forbes before the CounseU, the first day of his im
prisonment, anent a promise that had past betwixt them before the said Mr John his
going to the Assemblie at Aberdein, whilk promise the said Mr John affirmed to have
faithfully keeped on his pairt ; and lest hereby his Majestie should be moved to desist
from his purpose, did put his Highnesse in esperance if he should forsake them and
cast them off, that the NobiUty might easily be induced to agree to his desire. v.
" His Majestie's mynd being brought to some jealousie, by these aud sicklike speaches,
with the Chancellor and President, he tooke purpose to tiy the verrity hereof, and spe
ciaUy that one poynt of it, [if it] could be possible that these men who had provocked
his Majestie to such rigour against the Ministers for their Assembly at Aberdein had, not- •¦
withstanding, bein privie to their proceeding themselves. And, for this cause, having
in his service a gentleman caUed Mr WiUiam Irwing, to whom one of the ministers in
waird, called Mr James Irwing, was brother-german. and ane other, to wit, Mr John
Forbes, was cousing-german, his Majestic did sccreetly send Mr William Irwing to
Scotland, with commission to Mr John Forbes, to learn the certainty of the matter, with
strait command to let no man, except the said Mr John, understand that he had any
sic. direction from his Majestic. Mr William, comeing to the Ministers in waird, be-
ha> cd himself in generall onely as n wcllwillcr, desirous to doc all that lay in his power

ESTATE OF THE KIRK. 503
from aU speaking against the said proceedings, promising that aU
things should turne to the best, and be ordered without prejudice
of the Church, or the persones of their brethren that were found
guiltie. And, therefore, he sent for Mr James MelviU, partlie for
the same purpose, and partly to imploy his travels to persuade his
brethren in Blaknes, now after their guUtines, to submit them
selves to the King's wUl and to receive his pardon. Touching
this last point Mr James Melvill refused to medle therewith, as
knowing the brethren's mind to be, rather to suffer whatsoever ex-
tremitie, then either by submission or accepting of pardon to
approve their unjust conviction. As for the other point, they aU
refused simply to be sUent ; yet promised to be somewhat more
sparing of their speaches then necessitie could well permit, tiU
they had seene the effect of his Honour's travels and promise.
About the 26th day of January, an answere was sent from the
King to the CounceU, touching the doome to be pronounced against
the guUtie Ministers, commanding them likewise to proceed against
the rest of the Ministers warded in other places, by putting them
also to the triaU of an inquest. Which direction was keept closse
by the Councell, which, with aU dihgence, wrote backe againe to
his Highnes, shewing to him the trouble and commotion that ap-
pearantlie would arise, if severitie were used against the persones
convicted, as likewise what difficultie there would be to convict
the rest. And, therefore, they intreated his Highnes to shew some
favour to them that were already convicted, and to delay the triaU
of the rest, * lest that which was wonne already in the former
should be lost againe, if the rest were absolved.
for their relief; and offered, if they would write any thing for clearing their innocency to
his Majestie, both to carry it, present it, and promove then- suit to the outermost ; [and]
in the mean time did imparte secretly his errand to Mr John Forbes. The Ministers,
glade of so fair ane occasion offered to make his Majestie acquaint with the truth of
their cause, did write ane common Letter direct from them aU that were in waird to
his Majestie, the tennour followes :" &c. — See this Letter at p. 508.
* The trial of the rest, consisting of eight ministers, never took place. They " were
released from prison ; but they were banished singly to the extremities of the High
lands, to the Western Isles, Orkney and Shetland ; and in these inclement aud bar
barous abodes, several of them contracted diseases which huiried them to a premature
grave." M'Crie's Life of Melville, vol. ii. p. 207.

504 CERTAINE RECORDS TOUCHING THE
The King wrote backe againe to them, desiring some of the
Councell to come to him ; namehe, the Earle of Dumbarre, the Lord
Controller, and Lord Advocat ; having consented that the arraign
ment of the rest of the Ministers should be> delayed tiU he had
spoken with them, and declaring that he could [not] shew mercie
to those that, stUl justifying themselves, would not humbly begge
the same at his hands, but that he would stiU delay the pronounc
ing of the doome tiU the rest were likewise made guUtie, that so
it might be pronounced at once against them aU. In the meane
time he willed the CounceU, by proclamation, upon aU heighest
paines, to put to silence the pulpits in that mater, for hindering of
such trouble as they aUedged was like to arise.
Upon the 29th day of January, Mr John Knox, minister at
Mewrose, [Melrose], was sent in commission from the late Commis
sioners of the GeneraU AssembUe then assembled at Edinburgh, to
the Ministers in Blaknes, to propound these four things foUowing
to them, and to report their answere : First, What reason had they
for them to lay the blame and cause of their trouble and suffering
upon the foresaid Commissioners ? Secondlie, To inquire if they had
busied themselves, as it was reported, to procure the subscriptions
of aU the Presbyteries to their Appeale, to strengthen their cause ;
Thirdly, To desire them to declare what gentleman had affirmed
that the King had excused himselfe for refusing his sute, request
ing for the releasing of some of them, by reason of his oath and
promise given to some of the Commissioners, not to do it without
their consent ; and, Lastly, To inquire of them if they would cor
rect the declaration of their Appeale, by leaving out member of the »
Church, meaning of the King.
The answer sent by Mr John Knox to the foresaid late Com
missioners was this in substance : — To the first, they thought it not
expedient to enter in question herein with their brethren, seeing
there was alwayes some advantage taken of aU their speeches
against themselves and to their damage ; and since their present
estate required that their mindes should be exercised in preparing
themselves for such an issue of their trouble, as the late proceeding

ESTATE OF THE KIRK. 505
of the Lord Justice and the Lords against them gave them just
cause to expect, rather then to enter into any fruitles and unpro
fitable contestation with their brethren ; being alwayes ready, if
God of his mercy should offer such an occasion, in love and charitie
to communicate their griefes mutually before their brethren, who
might be able to judge equitably of both their proceedings. Touch
ing the Second, They doubted not but their doings and actions were
carefuUy eneugh watched and looked on ; neither did they looke
for any favour in. any thing whereof they might be questioned :
therefore, as they were not to be their owne accusers, so they
were ready to answere to any thing that any other had to lay
against them, howbeit they thought that their brethren might
have bene more then sufficiently satisfied with the trouble and
griefe that was already brought upon them. As for the Third, They
were nowayes minded to accuse any man for any private speech ;
but for the truth of the mater, there" were some of the late Com
missioners sitting among them, to whom that gentleman had told
that mater at his returning home, and had rebuked them for their
iniquitie therein, whom they desired to sound the deepth of their
owne consciences, to try the veritie thereof. Concerning the Fourth
and last, They had given their declaration of their Appeale before
the Lord Justice, in their opinion according to good conscience,
and to the full contentment of all sincere Christian hearts ; to the
which they did stand, being alwayes readyto reforme anything there
in, when their brethren should, by cleare evidence of God's truth
and good reason, make them sie any iniquitie, errour, or just of
fence given thereby. This answere, in substance, being delivered by
Mr John Knox to the Moderator of the late Commissioners, they
wiUed him to give it in writ ; which he, refusing, because he had
caried no writing from them, they without any more ado broke up.
Upon the tenth of Februar, the Earle of Dumbarre, prevailing
nothing with the King by writing, took journey to Court. The
whole Synods being convened in this moneth, according to the
forsaid warning, made by Mr Patrick Galloway, there were two
Commissioners directed by the King to each one of them : the

506 CERTAINE RECORDS TOUCHING THE
one being a Barron or Knight, the other a Bishop or Commissioner
of the Church ; without any instruction, or any thing touching the
Parliament, (although in Mr Patrick GaUoway his letter that was
pretended to be the cause of the meeting,) but only demanding
their approbation and consent to the five foresaid Articles sent
home by the King. Which Articles being censured, as they de
served, by the most part of the Synods, as tending to the over
throw of the present government and disciphne of the Church,
established by the Word of God, they were aU referred to the
GeneraU Assemblie as being the SpirituaU Court, which only had
power to answere and discusse such things as concerned the Church
in common within this land.
These Articles removed aU scruple out of men's hearts touching
the intention of the Bishopes and Commissioners, and wakened
the brethrein of the ministrie out of their securitie ; finding plainhe
that the delay and let of the Generall Assemblie proceeded from
their purposing to have the jurisdiction estabhshed in the per
sones of Bishopes and Commissioners as their forerunners, who
also were shortly thereafter revealed to be the authors, writers,
and senders of the first four articles to the King, who added the
fifth himselffe, for his owne purpose, the other four only concern
ing the Bishopes and Commissioners.
Upon the 19th of Februar, Mr WiUiam Scot, Mr John Car-
michell, and Mr Wilham Murray, went with a warrand from the
CounceU in commission to the CasteU of Blakness, from the Lord
Controller, who shortlie thereafter was to take journey towards his
Majestie, desiring the imprisoned Ministers there to send the
meaning of their mind touching their proceedings, so farre as they
could or might yeeld, in such forme as might best pacifie his
Majestie's wrath, promising to imploy his endeavours for their
reliefe. The imprisoned Ministers, finding it no wayes expedient
to give out any thing authentickhe as their mind, after conference
with their foresaid Brethren, gave to them in writ a minut of their
mind unsubscribed, to serve only for helping of their memorie in
that mater ; the substance whereof foUoweth : —

ESTATE OE THE KIRK. 507
" Forasmuch as by our proceedings in that meeting at Aber
dene, the first Tuesday of Julie last, and by the proponing of an
Appeale in the processe persewed against us for the same, we may
be interpreted to be contentious, and contemners of authoritie,
which crimes, God knowes, we detest from our hearts as heighest
abominations, not onUe in persones of our caUing, but in aU that
live under Christian princes ; declaring herefore, before God
and his angels, that our intention in that mater was honest,
together with our whole doings and proceedings, howsoever with
infirmities, in the measure of knowledge that God hath given
us, lawfuU, sincere and upright ; and by that Appeale we neither
had nor have intention or meaning to eschew, refuse, or any wayes
to exeme ourselves from any triaU ordained by God, and practised in
this kingdome under our dread Sovereigne ; but we most humbly at
aU times offered, and offer ourselves to be tried and judged in aU
CiviU and Criminall maters, wherein we ar or may be accused, accor
ding to the order practised upon others, his Majestie's subjects, by
the ordinarie judges, and in EcclesiasticaU matters by the Church,
and the SpirituaU judges thereof. Neither do we wholly decline
from his Majestie's judgement in such maters, but in this our
bussines submit ourselves in all humUitie, and are contented to be
judged by his Majestie and the Generall Assemblie, his Majestie
being there present, according to the order practised since the
reformation of religion within this kingdome. And we confesse
that we ar sorie, from the bottome of our hearts, that by us or our
proceedings his Majestie should be any wayes grieved or offended.
And for appeasing of his Majestie's wrath, in aU humble submission,
upon our knees we begge his Highness his favour and woonted
clemencie, commonlie shewed to aU distressed subjects, to be ex
tended towards us."
Upon the 22d of Februar, the Lord ControUer tooke journey
towards Court; upon which day also Mr WiUiam Irving, the
King's servant, being secreitlie directed by his Majestie, after that
he had bene in Stirling and Downe, went to Blaknes, and there
conferred with the Ministers for obtaining their owne hand-writ

508 CERTAINE RECORDS TOUCHING THE
directed to his Majestie, both for clearing their cause and appeas
ing his Majestie's wrath, promising faithftdly to deUver it to the
King, and to further their peace according to his power.
The Ministers, after mutuaU communication of their minds, in
their severall wards, thinking it fit to imbrace the present occa
sion and opportunitie, which hitherto had never been offered to
them in so sure a maner, to acquaint his Majestie with the truth
of their cause, did write this letter following, for the foresaid pur
pose, and sent it subscribed with aU their hands, with the said Mr
William Irving, who tooke his journey backe againe the 27th of
February. The letter sent to the King is as foUowes : —
" Please your Sacred Majestie,
" The zeal of this bearer to your Majestie's honour and service,
and confidence in your Highnesse's favour, have emboldened us to
write to your Majestie, in hope that the simple truth, joyned with
humility and humblenesse of heart accompanying the truth, having
manifested our hid and yet harmlesse innocency to your High
nesse's minde, by grace godly, by nature wise, by office just, shall
. baith deliver your Majestie's heart frae aU prejudice imprented be
misreports, and purchase to us the benefeit of your Highnesse's
clemency, whilk hitherto hes beine restrained not be any offence
justly ministered by us, but by policy imposed upon us, and obtrud
ed to your Majestie ; our proceedings first and last, being [so farre
from contempt of your Majestie's authoritie, that though we were
sent with commission to that meeting at Aberdene, *] yet upon
the signification of your Highnesse's pleasure be the Laird of
Laurestoun, we delayed aU things, although no charge being exe
cuted against us, nor intimation made to us ; having offered oftimes
to the Lords of your Highnesse's Secret CounseU to have reduced
their pretendit execution, aUedged indorsat against us, but we
were never heai-d nor admitted. The motives whilk caused us
appoint ane new day we referr them to your Majestie's vvise con-
* From Gibson's MS.

ESTATE OF THE KIRK. 509
sideration ; being moved thereto, first be necessity of order, and
next be your Highnesse's Commissioner not only refuissing to nomi
nate himself ane day long or short as he. pleased, it being simply
referred to him be us, but also plainly signifying that he looked
we were never to obtain any GeneraU Assemblie again, and yet in
end yeakUng thus farr that we had reasone to designe ane new day,
albeit he could not consent thereto himself, as having neither
credeit nor commission to that effect. And as we did nothing in
contempt, so have we abstained fra obstinat and wUfuU defence of
our doings, ever refuissing to judge thereof ourselves, we being the
actors, and humbly submitting ourselves to the tryal of others,
namely, to the Generall AssembUe. Notwithstanding, we were
so unwilling to use any dechnation of the CounseU therein, that
we did forbear tiU aU other means of supphcation and humble suit
was rejected, and so we compelled thereto against our wiU, for pre
serving of that order, appointed be God and approved be your
Majestie, touching the distinction of the SpirituaU and CivUl judi
catories, as our Supplication given in to the Counsell before our
"Declinatour will declare ; whilk we have sent to your Majestie.
Neither did we this to exeim ourselves fra any lawfuU tryeU in any
thing civUl or criminaU wherin we ar or may be apprehended be
the Ordinar judges appointed in sic matters, and practised upon
uthers your Majestie's subjects. Neither concerned our Dechna
tour your Majestie's self, but your Highnesse's CounceU ; neither
the CounceU simpliciter, but in that and sic matters SpirituaU allen-
narly, * sic as is the lawfulnesse or unlawfulnesse of ane GeneraU
Assemblie ; and so (as your Majestie knowes) to be judged be ane
spirituaU and not by a civiU judicatory. Your Highnesse's autho
ritie over us we never declined, knowing and acknowledging your
Highnesse our only Sovereigne Lord, under and in God, and
from God, in aU things belonging to this life ; so that whosoever
resists your Highnesse's authority or contemnes the samen,
he contemnes the ordinance of God, and bringes condemna
tion upon himself. And, farder, with great consolation, giving
* Only.

510 CERTAINE RECORDS TOUCHING THE
thanks to God, who hes honoured your Highnesse with the con
fession of his truth, and so hes caUed your Majestie to be ane
honourable ruler * of his Kirk, whilk is his body ; we not only
reverence your Highnesse as a nourishing father of his Kirk, whoes
royaU power should be employed to the mentenance thereof, in
peace and purity both of the doctrine and discipUne, according to
the order prescribed be Jesus Christ, her only Lord, Head and
King in his Word, in repairing whatsoever is decayed in the trew
worship of God, in repressing aU contrary worship, and punishing
aU, baith contemners and negligent, in whatsoever the Lord hes
concreddeit, f being breakers J utriusque Tabulce ; but also, in respect
foresaid, were; and are stUl willing, in aU humility, to be judged in
this matter according to the order whilk hes bein observed and
practised be your Majestie in the Kirk, for § reformation of reli
gione, in the GeneraU Assemblyes thereof, whereunto your Majes
tie hes oftentimes sitten, being personaUy present, or otherwise, be
your Highnesse's Commissioner : so that, in decUning the CounseU,
and betaking us to the GeneraU Assemblie, we did in no wayes
declyne your Majestie, || neither meanes to doe so, but in humility
submits ourselves to your Majestie and the said Assemblie, as said
is, humbly intreating your Majestie and the said Assembhe, to
consider heerof, and to have pity and compassion on us, who have
bein thir seven or eight moneths restrained from the public service
of our God in his Kirk, and frae all dueties to your Majestie in this
commonweal ; and that nawayes for any wUfuU standing to the
defence of our doings, but only for that being cited and compeirand
before the Lords of the Secreit CounsaU we wald not condemne'
ourselves before tryall, being urged be them, upon our oath, and
under the paine of contumacie, to give our opinion concerning that
meeting ; anent the whUk, as ever, so yet, we submit ourselves,
our proceedings, and judgment therof, as said is, being maist will
ing, in all humUity, to amend whatsover we shaU be found to have
"Gibson's MS. has " member." t Commanded.
X Gibson's MS. has " vindex." § Gibson's MS. has " since the."
|| From this place to the last sentence in the letter, next page, beginning with " Sa
humbly remitting, " &c. is not in Gibson's MS, /

ESTATE OF THE KIRK. 511
done amisse, contrairy to the Word of God, constitutions or cus
toms of the Kirk, or lawes of this your Majestie's kingdome,
according to the censures of the judges competent ; and now, being
in your Majestie's hands, to doe with us as seemes good to your
Majestie ; having in every thing whilk we have done in thir our
proceedings continuaUy giving evidence [given evident] proofe of
humility, reverence of our hearts towards your Majestie, and in
every thing having followed that which is agreable to the will of
our God, according to our knowledge ; we yet protest, before God,
that yet, frae the bottom of our hearts, we are sorry that your
Majestie, should be grieved with us our proceedings, and do most
humbly beseech your Majestie to relent your Highnesse's wrath,
and to be appeased towards us, the servants [of] your Majestie's
God, and of your Majestie in God, in aU things ; who never wer
nor (God willing) shaU be unfaithfull or disobedient, let be trai-
tours, to your Highnesse's authoritie. So humbly remitting the
consideration of our weakened persons, so many moneths impri
soned, our famUyes outerly impoverished through our extraordinary
charges, and our desolate flocks wherin so many soules have bein
so long deprived of the comfort of the Gospel ; and prostrating
ourselves before your Majestie, we wish frae God the Father of
our Lord Jesus Christ, encrease of honour, prosperity and peace
to your Majestie and your Highnesse's throne, with eternaU life
hereafter to your Majestie and your Majestie's posterity.
" Frae the places of our imprisonment the 24th, 25th and 26th
dayes of Februar 1606.
" Your Majestie's most humble Supplicants, loving and
obedient Subjects, and daylie Orators."
This * letter being prepaired in aU their names, Mr John Forbes,
fearing that advantage should be taken of his writing to his Majes
tie against himself, rather then against any of the CounseU, whom
he suspected his Majestie not so much to mislike for any wrong
done against him and his bretheren, as for their slownesse in pro-
* From this to the paragraph at p. 514, ending with these words, " as oft as he
should think good," is not in Gibson's MS,

512 CERTAINE RECORDS TOUCHING THE
moveing, and secreit policy in hindering, the Bishops erection:
therefore, at the first, resolved to write nothing in particular ; yet
efterward, be advice, finding the matter betwix the Chanceler and
him first divulged be the Chanceler his conference with Mr John
Welsh, Mr James Balfour and Mr Walter BalcanquellJ and by his
own speaches before the CounseU to Mr John himself, and there
after to diverse gentlemen in conference, and now at last brought
to his Majestie's eares, as said is, he was perswaded to write, yet
so spairing as possibhe he might, fearing be sUence to offend his
Majestie, and to put his Highnesse in greater suspicione with him-
selffe if he should conceal a known and revealed truth. And, on
other parte, desirous to avoide aU occasion of danger to himself or
others, be pubhshing more than was already manifested ; as also,
considering how far the concealing of that matter so long, had
brought both him and his brethern in such danger of his Majes
tie's wrath, and that the manifesting thereof would, at least, if not
prevent the danger, yet make the iniquity of rigorous proceeding
against them the more evident to all men ; he concluded to write
as after followes : —
Please your Sacred Majestie, &c. *

WhUl these letters were prepairing, the CounseU was informed
that Mr William Irwing had bein in Blacknesse conferring with
the ministers ; whereat the Chanceler and President, albeit they
knew nothing of his errand, yet fearing that be him some report
and inteUigence, according to the truth of their proceedings, might
be conveyed to his Majestie be him, they sent direction to the
Earle of LinUthgow, that in naewayes Mr WUliam sould be suf
fered to have entresse within the Castle of Blacknesse again, who,
according to their direction, commanded his servant the Constable
* This letter, and some other letters of Forbes, referred to afterwards, are neither
in Swinton's nor in Gibson's MS., and we have not succeeded in finding copies of
them elsewhere. In the former MS. a blank is left for these letters, as if it had been
the intention of the author to insert them at some subsequent period.

ESTATE OF THE KIRK. 513
to see it were obeyed. Hereupon, Mr WUliam comeing back again
to Blacknesse to receive his answere, he was holden at the gates,
and accesse to the Ministers refused him, yet [in sUence of the
night, secreetly the Ministers *] convoyed out the letters to him
at [ane smaU open in the *] gate, who, receiving them, took post
back to his Majestie the 27th of Februar ; the Earle of Dumbar
being yet in his journey towards Court, so that Mr WUUam did
preveen him, and did come to his Majestie before him. The let
ters considered, his Majestie began throughly to be resolved, that
whatsoever the Bishope of Glasgow had spoken to him concerning
the Chanceler and President was trew ; and so his mynd began to
be estranged from them, as men both ungrait and deceitfull, who,
being advanced highly be his Majestie, and put in the trust of his
Majestie's most weighty affairs, and having promised to effectuat
his desire, did not the less secreitly practise the contrair ; whilk
speciaUy he gathered of that confession contained in the letter
sent be Mr John Forbes, that he went not to Aberdein without
the free knowledge and advice of some of them, and their appro
bation to that whilk was done, providing no more should be done :
whilk words, lest they should have bein wrong apphed, Mr John
had wiUed Mr William Erring to shew his Majestie that they were
meant of the Chanceler, whUk his Majestie of himself conceived}
because of the Bishop of GEsgow his speach. This did give a fit
occasion to the Lord Fleeming and Earl of Dumbar coming to
Court to prosecute their intentione ; for finding alreddyhis Majes
tie's mynd brought in jealousie with these men, they did what they
could to augment it for the causes before specifyed, and did so far
prevaU, that they brought his Majestie to yeald to the removing
of both ChanceUer and President from their offices, yet so as it
should proceed upon ane lawfuU conviction of undutifulnesse.
The ground they thought fitest for that purpose was, their inteUi-
gence, foreknowledge, and approbation of the Assemblie at Aber
dein ; wherein they presumed verily that Mr John Forbes would
be their accusers, in respect of the severity, unjust, bitter proceed-
* The words within brackets are deleted in MS.
2k

514 CERTAINE RECORDS TOUCHING THE
ing used be them against himself and his remanent bretheren.
Thus, they concluded to use him as the instrument to procure the
accomplishment of their designe. His Majestie for prosecuting
the matter, did give commission to the Earl of Dumbar and my
Lord Fleeming, with so many others, to take tryaU of that matter;
and for the greater security, be their advice, his Majestie did again
direct Mr WiUiam Ewing vrith commission to Mr John Forbes,
desireing him to inform his Majestie how he was able to verify the
Chanceler's foreknowledge and approbation of their proceedings
at Aberdein, wiUing him to clear it either be writ, witnesses or cir
cumstance, and it should suffice. This commission was Ukewayes
covered with a pretence of ane generaU creddeit to the had
wairded ministers in his Majestie's name, desiring them to passe
from their Declinatour ; and, for surety of accesse, whilk Mr WU
liam declaired to his Majestie would be denyed to him, his High
nesse did give him ane warrand from himself to the Constable of
Blacknesse, with ane strait direction to suffer him to conferr with
the Ministers at his pleasure, privatly or pubhckly, as oft as he
should think good.
Upon the 13th of this Februar, according to the King's direc
tion, the CounceU made a decree for publishing of a proclamation,
to hinder all pubhck speeches in pulpits against their proceedings
with the Ministers in Blaknes, &c. ; which afterwards they caused
print, which is as foUowes : —
" James, be the grace of God, King of Great Brittane, France
and Ireland, Defendar of the Faith, to our lovitts  f
messingers, our sheriffs in that pairt, conjuncthe and severaUie,
speciaUie constitute, greiting : Foralsemeikle as We and our thrie
Estaites of Parliament, quhilk conveined at Edinbroughe in the
month of Maij 1584 yeires, considdering the great harme and in
convenience quhilk feU out within our kingdome through the
wicked and licentious pubUct and privat speaches, and untrew
calumnies, uttered be diverse undewtifuU subjects, to the disdaine,
reproach, and contempt of us, our Counsell, and proceidings, stir-

ESTATE OF THE KIRK. 515
ring up our subjects to mislykeing and unquyetness, and to cast
ing off their dew obedience to us : Therefore We, and our said
Estaites of Parhament, statute and ordaine, That none of our sub
jects, of quhatsoever function, degrie, or quaUitie, sould presume,
or tak upon hand, in tyme coming, privatlie or publictlie, in ser
mons, declamations, or particuUar conferences, to utter any fals,
sclanderous speaches, to the disdaine, reproach, or contempt of us,
our CounseU, or proceidings, or meU in the effaires of us and our
Estaite, then present and to come, under the paine of death ; cer-
. tifieing them that sould be tryed * to be contraveiners therof, or
who sould hear sic sclanderous speaches and not reveaU the same,
that the said paine sould be execute upon them without favour, as
in the said Act of Parliament at length is contained. In the
quhUk Parhament, also, be ane uther act, our royaU power above
aU Estaites of our kingdome, both spirituaU and temporaU, was
estabUshed; and, therfor, it was ordained, That no person, of quhat
soever function or degrie, spirituaU or temporaU, sould declyne
our judgment in any matters of sedition or treasson, or uther civUl
or criminaU, or in any contumelious, seditious, treassonable
speaches, thus uttered be them in pulpits, schooUs, or uther
rowmes, under the paine of treasson, as in our said act, at mair
length, is contained. And, farder, in our Parliament haulden at
LinUthgow, in the moneth of December 1595 yeires, it was statute
and ordained be us and our thrie Estaits, That aU our subjects
sould conteine themselffes in quyetnes and dewtifuU obedience to
us and our authoritie, and in na wayes to presume or tak upon
hand, in time coming, publictlie to declair, or privatlie wryte, any
purpose or sclander of our person, estaite or government, or to
reproach our lawes or Acts of Parliament, or to misconstruct our
proceidings, quhairby any mislykeing may be moved betwixt us
and our NobilUtie and good subjects, under the paine of death, as
in our said Acts of Parliaments, at mair length, is contained. Lyk-
as also, in the Generall Assemblie of the Kirk, haulden at Perth
in the moneth of March 1596 yeires, (quhair also, and at that same
* That is, found.
2 K 2

516 CERTAINE RECORDS TOUCHING THE
instant tyme, there was ane very solemne and frequent Assembhe
of the NobiUitie, and CounseU, and Estaites of our kingdome,) it
was ordained and agried, with full consent of the said Assembhe,
That no ministers sould reprove our acts, lawes, statutes, ordi
nances, whUl [untU] he beis advysed of his Presbitrie, Synod, or
Generall Assemblie, sould complaine, or seik remeid of the same
from us, and report our answer, befor any farther proceiding, as it
is contained in an act of the said AssembUe, quhilk was ratified
and approven be us and our Estaites conveined at the tyme forsaid.
Notwithstanding quhairof, it is of trueth, that [there are] sum rest
les and unquyet spirits als weiU of the ministers as uthers, — abuseing
our lenitie and favour, and presuming of impunitie, be the bygane
prooffes and examples of our proceidings and deaUing with them,
quhairin we have very tenderUe and cairfuUie sought the peace of
the Kirk, and retaining the preachers therof in that modestie
quhUk appertaines to their professione and calling, — who cease not,
in their publict sermons and privat conferences, to impugne and
misconstruct the proceidings of our CounseU in that lait proces
that was used against that Uttle handfull of the Ministrie, who con-
temptuouslie maid the fashione of ane GeneraU Assembhe, and
keiped ane pretendit Conventicle at Aberdein, in the moneth of
Juhj last, and wUfuUie and maUtiousUe not only maintained the
samen sensyne as ane lawfull Assemblie, bot, lykwayes, most treas-
sonablie and seditiousUe declyned the Counsell in that matter, and,
therby, denyed our EoyaU power and prerogative, quhairby they
are convict and found guiUtie be ane verry famous inquest of ane
number of Honorable Barrones and Gentellmen, of good rank and-
credit ; quhairby thir restles and unquyet ministers, prophaneing
the chyre of veritie with seditious, sclanderous, and uncomhe
speaches, and raUling against the proceidings of our CounseU, as
said is, in contempt and break of the lawes, and actes, and ordi
nance of the Kirk, do what in them lyes to corrupt the hearts
and opinions of our good subjects, and to aUienat and withdraw
them from their dew obedience to us and our Counsell, — a matter
unseimlie in persons of their professions and calling, and carrye-

ESTATE OF THE KIRK. 517
mg with it ane very unfamous sclander to the Kirk. Bot seeing
-mercie and clemencie, quhilk ever has accompanied our govern
ment, being extendit to unthankfuU and bussy bodies, produces
nothing bot contempt upon contempt, and the more that We and
our CounseU deaU in peace with sic sort of people they are the
more arrogant and loftie, neglecting their studies and contempla
tions, and spending the tyme appointed for preaching and in
structing of their flockes, with idle talk and impertinent dis
courses, and melhng with matters of Estaite, quhairof there is no
toUeration within no uther Kirk of Europe : We and our CounseU
have resolved no longer to spaire this proud contempt of us and
our lawes, bot to put our saids lawes in execution with aU rigour.
Our wiU is heirfor, and We chairge yow straitlie, and command,
that incontinent thir our letters seine, ye pas, and in our name
and authoritie, command, chairge, and inhibite aU and sundrie, our
subjects of quhatsoever degrie, quaUitie or condition soever they
be, that nane of them presume, nor tak upon hand, privatlie or
publicthe, in their sermones, declamations, or privat conferences,
to utter any sclanderous speaches against the proceiding of our
CounseU and Justice in tryeing and punishing of the saids Minis
ters ; and on na wayes to mell in that matter, nor uther the effaires
and proceidings of our CounseU and Estait, bygane, present and
to come, under the paine of death ; certifieing them that faillyies,
and does in the contrair therof, that the said paine of death saU
be execute upon them without favour ; certifieing, also, aU and
quhatsoever persons that saU happen to be present, and hear the
said sclanderous, seditious, and uncomlie speaches, and sail not
reveall the samen, that the said paine sail be lykwayes execute
upon them ; and sicklyk, that, in our name and authoritie, ye com
mand and chairge all and sundrie Shereffes, Stewarts, BaiUyies of
our EegaUiteis, Proveist, BaiUyies, and CounseU within Borrowes,
Noblemen, Barrones, and Gentellmen of power to landwart, and
ilk ane of them, conjunctlie and severaUie, who .sail be present
auditors of sic sclanderous, seditious and treasonable speaches,
uttered in pulpits, pubUct sermones, or otherwayes, in contempt,

518 CERTAIN RECORDS TOUCHING THE
reproach, or disdaine of us, our parents or progenitours, of our
Counsell, our proceidings, or meUing vrith the effaires ef our
Estaite, present, bygane and to come, to stope and interupt the
speakers and utterers therof, tak, apprehend them, and put them
in sure firmance, whill [untU] We and our Counsell be adver-
teissed, that order may be taken with them as accordes : Concern
ing all and sundrie persons forsaids who shaU hear the said sclan
derous, treasonable, seditious speaches, and saU not apprehend
the authors and utterers therof, if it be in their power, and, faUl-
yieing therof, reveall the samen to our CounseU, That the hearer
and not apprehender, if it ly in their power, — conceaUer, and not
reveaUer, of the said leassing makers and authors of the said
sclanderous and seditious speaches, — saU be punished in that same
measur and degrie as the principaU offenders, conforme to our
lawes and Acts of Parliament maid heiranent ; and, farther, that
ye, in our name and authoritie, command and chairge our said
Shereffs and Stewarts, BaiUyies of our EegaUities, BaiUyies and
CounseU within Broughes, Nobelmen, Barrones, and Gentelmen
of power to landwart, and ilk ane of them respective, to put our
said Acts of Parliament, and this present proclamation anent the
present interrupting and stoppeing, takeing and apprehending of
the saids false, sclanderous, seditious, and treassonable speakers, to
dew execution in all poynts within fourtie-eight houres nixt, efter
they be chairged be yow therto, under the paine of rebeUion and
putting of them to the home, and escheat, and bring in aU their
moveabU goods to our use for their contemption : The quhilk to
doe We committ to yow, conjunctlie and severaUie, our full power,*
be thir our letters, dewlie execute and indorsate againe to the
bearer. " Given under our Signett, at Edinbrough, the threittein of
February, and of our reigne of Great Britane, France and
Ireland, the thrid and threttie-nyne yeires.
" Per actum Secreti Consilii."

ESTATE OF THE KIRK. 519
This proclamation did nothing diminishe, bot raither augment,
the open outcry of aU, bot speciaUie of the ministrie ; who, being
greathe offendit at so godles and prophane ane edict in a Christian
kingdome, under a Christian King, pubhshed by a CounseU profess
ing Christianitie, Commissioners were direct from the Synods of
Lothiane and TividaiU, to complaine thereof to the Counsell, and
wiU them, in the name of Jesus, to redresse it ; who did present in
wryt the Greiffes foUowing, to the Counsell : —
" Certain Greiffes of the Ministers of Lauthian
and Tevidale, being assembled at Edinburgh the 25th
of February, anno 1606, conceived upon the Proclama
tion, to be given in to the Most Honorable Privie Coun
sell, and some redresse to be sought for them. *
" First, In aU reverence and humilitie we lament and regrate,
That quhairas the messingers and servands of Christ, preachers of
God's Word, are authorised be the Holy Scriptures, with full and
frie power and commission, to preach the Word, impugne, rebuik,
admonishe, exhort, and correct, and that under no less paine then
casting both bodie and souU into eternaU hell's fyre ; yet not the
less be that Proclamation restraint is maid of their Ubertie, and they
discharged, in a pairt, to use their chairge and commission, quhUk
to them is given of God towards ane everie persone that is of his
famiUie, — quhairas we are oppenhe inhibite, on na wayes, to meU
with any affaires of his Majestie's Counsell, and that under the
paine of death, to be execut without all favours : Quhilk in aU
humilitie, we craive it would pleas your Honors to redresse, becaus
it is expresse against the Word of God, and practeiss of his holy
servands in all ages.
" Secondlie, We most heaviUy lament, That in that proclamation
the holy ministrie ar insimulat, t yea, oppenlie notted indicta causa,
as restles and unquyet spirits, seditious, sclanderous, and unseemlie
speakers, declaimers, raiUers, disdainers, reproachers, contempners
of his Majestie's lawes, withdrawers and corrupters of his Majestie's
* This title is from Gibson's MS. t Charged.

520 CERTAINE RECORDS TOUCHING THE
subjects hearts from his obedience, unthankfuU, bussie bodies,
proud, arrogant, loftie, prophaners of the chair of veritie, spending
the tyme appoynted for preaching upon idle talk and unpertinent
discoursses, breakers of his Majestie's lawes, and ordinances of the
Kirk : QuhUk, seeing it tends to the disgrace and contempt of the
holy message quhairin we serve, to the manifest hinderance of the
course of the GospeU, unto the heigh dishonour of the great God,
in all humUitie and earnest maner, we craive the same to be re
dressed. " Thirdlie, Be that Proclamation, strait command and power is
given, not only to magistrats and persons clad with pubUck autho
ritie, bot also to every man that pleasses oppenhe to resist the
course of doctrine, to close the mouth and interrupt the preacher
in his sermone, — a matter very strange and of great noveltie,
quhilk human civUhtie forbids to be used against any pubhck
speaker, in any (although prophane and common) matter or sub
ject ; — quhUk if in this it saUbe permitted, it wUl breid great con-
fussion, and it saU come to pass that the paroche kirks and pulpits,
quhilk are of God ordained for doctrine of peace, and reformation,
saU become publict places of contention, stryffe and tumults, and
entertaine the corrupt humours of persons eviU disposed, to the
heigh dishonour of God's Majestie, the breaking of his Majestie's
lawes, (James VI, Par. ii. Act. 27,) unto the great hurt and dis
pleasure of aU that being present are touched with any sense or
fear of God.
" Lasthe, The interruption, taking, and apprehending of the
Ministrie in the course of their doctrine is commanded to aU men,
as weUl magistrats as uthers, quhilk is unlawfuU to any ; quhairby
not only the common people are maid judges of our doctrine, bot
also even the reinzies loussed to all prophane persons and Papists,
speciaUie under pretence of the said Proclamation, to abuse the
ministrie and to be revenged of their own particular quarreUs ; and
so sail steir up in every flock, some for invasion, some for defence,
quhairupon may follow shedding of blood, and many uther great
inconveniences ; quhairas his Majestie's acts have prescryved a

ESTATE OF THE KIRK^ 521
more peaceable and orderlie form of apprehending very excom-
municats, efter sermons, sacraments, and prayers."
Thir Greiffes being presented and read, the ChaunceUour answer
ed them, be word, as foUows : —
First, In general that these Greiffes wer no greiffes indeed, be
caus conceaved upon the Proclamation misconstructed ; as also
becaus there was nothing contained in the Proclamation bot that
quhilk is expresshe aither in the Acts of Parhament, or Act of
CounseU, namehe, anent interrupting, maid anno 1596. In particu
lar, to the First greiff he answered, FEst, Enquyring if they might
not reprove some except they meddled with the King and his
CounseU? SecondUe, Desyring them tauntinglie to come and teU
themselves first before they tauld sutters and taUzeours. To the
Second greiff he answered, First, Eiquyring if they would not say
that Earles, Lords, Barrons, if they wer adulterers, &c, sould
goe to heU and name no man in particular, except they wer sic
men as wer controUable [incontroUable ?] . 2 . Whereas they aUedged
they wer notted indicia causa ; he answered it was not so, becaus
sex were convict ; at quhilk word one Mr Adam Colt replyed, Non
relevatur, because proclamation was not against them, neither wer
they convict of these things. To the Third he answered, There
was ane Act of CounseU for the same, [which, if they pleased, (said
the Lord Advocate,) they would insert in the proclamation, or
otherwise they would shew it to them. *] To the last he answered,
Desyring them, if they got any wrong, to complaine, and they sould
gett ane sufficient answer. Thus pairtlie with prophane mocks
and scoofes, and pairtUe defending their late iniquitie with their
former, — this godless act and edict of CounseU by uthers alyke
maid be themselffes befor, — they answered the Greiffes and dis
missed the Ministers ; who persaiving their mahtious prophanness,
thoght it meit to insist no more with them, bot to indevour in
their caUing to be faithfuU, committing the event to God.
The Counsell perceaving their proclamation to have nothing
* From Gibson's MS.

522 CERTAINE RECORDS TOUCHING THE
terrified the preachers, nor procuired any obedience in the people,
bot as the one spake frielie against their impietie, so the uther
heard it patenthe, and dayhe more and more did abhor it : Therfor,
knowing, and as they confes themselffes, finding the simple sort
to be too credulous of every fals report, they did sett foorth the
book so oft mentioned be us heirtofore, intituled, " A Declaration
of the Just Causses of his Majestie's Proceedings against these
Ministers who are now lying in Prisson attainted of Heigh Treas
son, sett foorth by his Majestie's CounseU of his kingdome of
Scotland;" a birth, indeid, fithe and lyveUe representing the father,
and a fruit carryeing the kyndlie savour of the trie, if by the Coun
sell ye understand these who wer the cheiff and almost only
actours in this tragedie, to wit, the Lords ChaunceUour, President,
and Advocat, * of whom I would have aU men to esteeime us to
speak in this whoU discourse, quhen we name the CounseU. In
this booke, they pretend their purpose to be, to remove aU
scruple of justice and necessitie of their proceidings against the
ministers out of the people's hearts, by setting doun the trew
staite of the question, with aU that hath foUowed and ryssen
therupon. But so far have they erred from trueth, that to speak
the trueth in the sight of Him, who is only trew, I think there was
never so impudent and peart a forgerie against so knowen a trueth,
so spytfuh malice against so harmless and innocent persons, oppenhe
professed be sic whose profession outward does obleidge them to
the maintenance of the trueth, whose caUings requyre justice and
equitie in their proceidings, and whose advancement from almost
nothing, to be the ruUers of a kingdome, sould have procuired^
greatter thankfullness to God, from whom alone aU advancement
cometh. To whose bitter reproaches against the faithfuU servands
of Jesus, and manifold calumnies against the trueth and veritie of
their actions, aUbeit I be not purposlie sett to mak answer in this -
discourse, yet would I have all men, by consideration of this faith
full and upright Narration of that matter from the beginning, to
* That is, the Karl of Dunfermline, Lord Chancellor ; Lord Balmcrinoch, Lord
President ; and Sir Thomas Hamilton, Lord Advocate.

ESTATE OF THE KIRK. 523
learne quhat wrong and injurie is done by the penners to these
guUtless ministers and messengers of God in that scandalous
pamphlet, pairtlie by conceaUing the trueth both of theirs and the
CounseU's proceidings, pairtlie by oppen caUumnies against the
trueth of both, pairtlie by wreisting aU things to a wrong sense,
against their own knowledge, and pairtUe by laying doun the
bitter and malicious thoghts, inventions and conceptions of their
own hatefull and eviU dispossed mynds for the causses and grounds
of the ministers actions ; in aU quhilk it may be weiU seeine how
8kUlfuUie they have learned to practeiss, among the rest, that pro
phane precept of their master Machievell, Calumniare audacter,
adhcerebit aliquid.
The former discours oppens up the most pairt of these callum-
nies quhairwith this action hes bein traduced wrongfullie. There
rests yet one to be considered. It is said in that foresaid book of
" Declaration," that the only thing the Ministers could aUedge
for themselffes why they sould not go to the tryeU of ane assyse
was, that the said statute of Maij 1584, was therefter interpretted
and hmited by a particular clause of a statute maid in 1592,
quhairin it is declaired that the said act maid in 1584, against
the declyning of the CounseU's judgment, saU no wayes be pre
judicial!, nor derogat any thing to the priviUedges which God
hes given to the spirituaU office-bearers in the Church, concern
ing heads of religion, &c. Heirin I remitt the Eeader to the reas-
soning of this matter befor the Lord Justice, and the speaches
uttered be the PanneU, to try in this poynt quhat credit the
authors of that reproachfuU lybeU merit ; and, by their frawdulent
dealhng in this one thing, to learn quhat trueth is in the remanent
narration of that pamphlet, in the quhUk, from the beginning to
the end, it may be justhe said that there is nothing quhilk is not
aither forged or falshe reported. We speak not this for informa
tion of these who dweU in the land, since it is universallie knowen
there quhat difference is betwixt that report and the trueth of that
action therin recordit ; bot for resolving the mynds of strangers, in
respect there is no Christian Church in Europe quhair these men

524 CERTAINE RECORDS TOUCHING THE
have not caussed their said book to be pubhshed, of set purpose to
mak the trueth of God and his holy ministrie odious to aU men,
in the mean tym suppressing aU monuments and registers- of their
proceidings at home, thinking thereby that the veritie sail never
come to light ; and, therfor, have they inhibite the Justice-Clark
to impart the process at Linlithgow * to any man, no, not to the
pairtie upon any condition ; so that it may seime strange how so
much heirof did come into our hands. Bot heuin we are bound
to thank God, who wiU not faUl to bring every secreit to light
and every work to judgment, whom it hath pleassed to convoy
thir things to my knowledge out of the authentick Kegisters.
CAP. XH.|
LETTERS SENT FROM THE PREACHERS OF THE FRENCH AND FLE
MISH CHURCHES AT LONDON, TO THE MINISTERS OF EDENBURGH,
WITH AN ANSWER THERETO FROM THE IMPRISONED MINISTERS,
AND ANOTHER LETTER SENT FROM THEM BY MR WILLIAM IRR-
VING, SERVANT TO THE KING'S MAJESTIE.
The CounceU and Commissioners of the Church of Scotland did
stiU invent calumnies against the imprisoned Ministers, cheefly the
six that were in Blacknes, and by their instruments, whom they
had readie for all such imployments, caused them to be spread
abroad through the whole Ee, especiaUy at London, all to make
those faithfuU ministers odious, cheeflie to their bretheren that
were abroad : whereby it came to passe that those false rumours
came to the eares of the French and Flemish pastors of the
* The process referred to, as contained in the original record, is included in Pit-
cairn's Criminal Trials, vol. ii. pp. 494-504. As already stated by Forbes, the trial
took place at Linlithgow on the 10th of Januaiy 1606 ; and the warrant and doom of
banishment was pronounced, after an interval of upwards of eight months, by Mr Wil
liam Hart of Preston, Justice-Depute, on the 23d of October 1606.
t From this to the paragraph at page 532, beginning with the words, " It is not to
be omitted in this time," &c. is from Gibson's MS. Swinton's gives only the leading
facts, and does not contain the letter of the French and Flemish ministers to the
ministers of Edinburgh.

ESTATE OF THE KIRK. 525
Churches at London, through the information of one SE James
SempiU * and others, who, having taught their tongues to deceit,
. made a trade of traducing the godly, for the pleasure of men, and
for their owne gaine. The same pastors, whether moved with
displeasure for such reports of their brethren, esteeming them to
be true, or, through the persuasion of others who sought by aU
meanes to procure some testimonie from strangers against the
imprisoned Ministers, it is not certaine ; but, howsoever, they
were perswaded to write a letter to the ministers of Edenburgh,
wherein they relate the rumors that went abroad, their griefes
thereat, and their counseU to their brethren. This letter being
communicated by the ministers of Edenburgh to the Presbyterie,
it was sent from the ministers thereof, with Mr MicheU Cranstoun,
to the ministers in Blacknes, that they themselves might give fuU
information for answering the same.
The letter here foUoweth : — t
" Charissimis et apprime in Christo colendis fratri-
bus, Ecclesle Edenburgensis fidis pastoribus.
" Ne cuiquam vestrum mirum videatur (fratres in Christo obser-
vandi) si homines exteri, vobis fortasse nee de facie nee de nomine
noti, de re maxime seria vos ultro compeUare non vereamur :
homines sumus Christiani, pastores Ecclesia?, vobis in ampla ilia
Christi familia trvvsgyoi ; nihU igitur humanum, Christianum, Eccle
siae Dei conducibUe, a nobis alienum esse ducitote. Jam vero
agitur apud vos causa maximi momenti, cujus exitum non modo
Britannia tota, sed plerseque etiam nationes exterae expectant ;
boni anxie, dum Ecclesiae et reipubhea? mala perhorrescunt ; attente
maii, si quid inde fuci ad sceleratos suos conatus pingendos confi-
cere possint ; utinam tamen nobis adsit &iog uto [Mjxunijs. Quis
interim hie sileat aut stertat, quin malo certum remedium quserat,
vel optet ? Nobis sane cum dolentibus est dolendum, ex Apostoli
* Sir James SempiU of Beltrees : see M'Crie's Life of MelviUe.
t The marginal notes which accompany this letter have been added by Forbes, or
some other hand,

52(5 certaine records touching the
pra?scripto, ac vinctorum meminisse nos decet, acsi vincti essemus.
Valide certe nos perculit ad nos delatus rumor, de controversia
ilia, qua? tarn eximium regem, et alioquin clementissimum, fratribus
aliquot infensum reddidit ; sed multo magis, capitale iUud judicium
Majestatis, de quo in eos latam esse sententiam fama percrebuit,
quantumvis alioqui bonos, et utUes Ecclesiae Dei servos, kethali
prorsus et vobis, et piis pectoribus vulnere. Liceat igitur nobis,
fratres, absque "ffokvTrgaypjoavvris, nota et vobiscum ingemiscere, et
animi sensa paulo Uberius exprimere ; quis enim ad horrendum
tanti fulminis impetum excitatus, de causa, de modo, de remedio
non sit solicitus ? Itaque et vestrates Scotos, et ex Anglis ahquot,
quibus noveramus, et Ecclesia? Dei, et fratrum vmctorum curam
incumbere, interrogavimus, communicatisque consUUs, Parlia-
mentorum vestrorum acta, quid fratribus objiceretur, quid contra
exciperent ; judicii denique totius fundamenta, quantum assequi
Synodi con- potuimus, expendimus. Sic porro nobis animadvertere videmur,
cessse Kegia x ' A *¦ '
authoritatxs. jieg}a et publica authoritate rite coactas Synodos vobis esse con-
cessas ; nee controvertitur, utrum vobis Ecclesiastica negocia Uceat
in hujusmodi coetibus pertrectare. Sed enim Eegii esse muneris
asseritur, imperatorum Christianorum more, in omnibus ejusmodi
conventibus pra?sidere, locum mutare nonnunquam, tempus pro-
rogare, cum penes Eegem sit notitia circumstantiarum multarum,
quas et vulgus et pastores etiam ignorare fas est ; qua? tamen ad
totius reipublicEe salutem pertineant.
insimnian- " ^' Metum quidem in vos omnes cadere potuisse non infician-
uian&metus, f ur? ne delationibus variis cuncto praetextu qusesitis, jus tandem
nisTEegem Ecclesia? evanesceret vobisque omnino periret, cui malo matura
contumeUo- > -n >i i p • tt • p
s». cautio adhibenda merit. Verum enimvero, fratres, nee suspicax
est ingenium charitatis ; nee de Eegibus nostris imprimis, sinis-
tras concipere sententias, honestum est, conceptis certe indulgere,
easque fovere periculosum ; neque cum Ulo Petri loco constare po
test, ' Eegem honorate.' Ecclesia? GaUica? suas quoque Synodos
obeunt, regni edictis stabUitas : si Eex tamen ejusmodi proroga-
tionem, locive mutationcm indiceret, quod aUquando contigit, du-
bium non est quin Eegi suo paritura? essent, quamvis Eomana?

ESTATE OF THE KIRK. 527
superstitionis professori : Quid enim si Eex, vel a pestis contagio
suis cavendum, vel hostis impetum metuendum esse, aut aliquid
simUe, quaha multa humanitus contingunt, imminere deprehenderit,
hiccine Eegia authoritas in sublimi specula, clavum tenens reipub-
lica?, pro nihUo ducenda erit ?
" 2. Demus tamen justum extitisse noxa? metum, ne ex mora 2.
Etiam coi-
tandem res tota periret. Attendant tamen, fratres, annon supplici- ti0™s t?me-
bus et iteratis votis a Kege petenda fuerit aha certi temporis in- SHJ1
dictio ; neque enim verisimUe est, Eegem, et doctrina et pietate toti hSicerT
orbi conspicuum, addimus et prudentia non vulgari ornatum, volu-
isse tarn necessariam Ecclesia? fulturam conveUere. Videant (in-
quam) fratres, annon hie prius et potius multa tentanda fuerint,
quam pra?sumptis suspicionibus indulgeretur.
" 3. Adde quod cum, et per Presbyteria, ante conventum, et 3.
in ipso conventus loco, solenni more fratribus innotuisse, asseratur t8™!*".
Eegium interdictum, eos non modo non paruisse, regu ministri ^ntaSln-
conqueruntur, sed et in ipso conventu apparitorem seu clericum, seSn e
altero summoto, creasse, et proxime Conventum habendum indixe,
non sine authoritatis Eegiae contemptu, quod quatenus cum actis
Parliamenti, et usitato more conveniat, anxie ha?remus.
" 4. Sed et acrius multo nos pungit, quod fratres in jus vocati, 4.
clrilem et Eegiam Jurisdictionem excutere visi sunt, et conscripto Ju^S™
exhibito cujus exemplar legimus, et cui mordicus inha?rere malue- Su?*0113
rint, quam Ulud interpretatione moUire, qua? Eegis animum pla-
care, et ipsos periculo eripere posset candide et moderate, de
fratrum pietate et prudentia sentire par est. Absit ergo a nobis
ut in quenquam jus calculi damnatorii assumamus.
" 5. Verum quid regerant multi, et quidem boni viri, qui sertam *-homa
tectam Ecclesia? Scotica? concordiam, et a famoso talis inobedientia? ^t^St
scandalo liberam esse, vehementer cuperent, vicissim audire cogi- nitate™d
mur ; atqui prasterquam, quod legibus capitale subterfugium hujus- p™«p«?
cemodi esse animadvertunt, non vident quomodo Ecclesiastica de "J™^
immunitate a civihbus subseUiis privilegia ejusmodi constare pos- ^"^
sunt, cum pra?ceptis Apostolicis, qua? regibus, gubematoribus,
potestatibus omnibus, omnem animam subjiciant, — omnem, inquam,

528 CERTAINE RECORDS TOUCHING THE
ne Apostolis quidem et Prophetis exceptis, interprete Chrysos-
tomo ; et obvia sunt Christi, Pauli, Ignatii, Polycarpi, myriadum
prisco seculo exempla, qui nullo se privilegio existimarunt munitos,
quo minus vocati se sisterent, et judicia Ucet profana subirent ; et
evocatus a Saule summus Sacerdos Abiathar, at capitale judicium,
causam dixit simpliciter, nuUa exceptione aut cfrcuitione usus.
At enim jam liberior est Ecclesia? conditio.
 .6- " 6. Audivimus, et magna cum Principis laude, et beneficio,
Diluitor ' O r J '
condSone quod fraudi sibi esse vix quisquam patiatur. OcuEti certe et
litaiora™1 cordati Principes, dum cogitant quibus gradibus ad tyrannicum
potestatis fastigium sese extulerit Pontifex Eomanus, nuUo corn-
pen dio maj ore totam Ecclesiam vident, et Barbaro fastu oppressam
lugent, quam excusso civihs potestatis jugo. Ecquid mirum, igitur,
si Principes, quo potentiores, et robustiores erunt, eo futuri sunt in
singulos ordines oculatiores, quandoquidem si servandum est jus,
accuratissima dihgentia est imperii causa servandum ?
7. " 7. Neque vero nescimus, bonos et eruditos patres, Ambrosium
EtPatrum x ' .....
muitalE"'^- dicimus, Augustinum, Gregorium Primum, et sinules juris Ecclesi-
en«uin?ba" astici modeste severos vindices, in causis fidei, multum Episcopis
tribuisse : et fratres, quoque, de inito conventu, controversiam mere
Ecclesiasticam et Spiritualem, esse nusquam aUbi, quam in Eccle
siastico generaU ccetu dijudicandam ; profiteri audimus ; sed enim ex
eventu, id est ex jam judicato, constat, eos, id quod controversum
est, pro confesso sumere. Et sane, vix ac ne vix quidem, tuta stare
posset imperii majestas, hac thesi semel constituta, quotiescunque
Pastores aliquot conventus agitabunt, quantumvis reluctante Eege,
nihU hoc ad Pra?torem, de jure conventus statuat Ecclesiastica.
Synodus ; quis admittat, probet, feret. Equidem, fratres tarn a
sceleratis conspirationibus abesse, quam nos ipsos, statuimus, verunT
qui hytrrgtxug Synodos Episcoporum, Arrianorumque et circumceU-
ionum furores meminerit, vel tum cum Alcyonia vixdum Ecclesia
gustasset jus quidem Christianorum Principum, in Episcoporum
conventus, ad vetus institutum informandum, et nunquam abro-
gandum curabit.
" Quorsum vero tam multa, num ut censoria virgula, Christiano-

ESTATE OF THE KIRK. 529
rum fratmm affiictionem aha cumulemus afflictione ? Facessat a
nobis usque adeo ridicula temeritas, sa?vaque fratemitas. Vemm
per vos nobis Uceat, fratres fratmm et Ecclesia? Scotica?, damnis
vobis eviiTtttrfcUV. Segnius irritant animos demissa per aures, quam
qua? sunt ocuUs commissa fidelibus. Sed quod a vobis presentibus
tristissima rerum facies tristisskna impetrat, ut metu, precibus,
consiUo, re ipsa fratribus, et laboranti Ecclesiae manus auxUiatrices
pra?beatis ; date et nobis absentibus, de multorum virorum bonorum
cum sententia, tum hortatu, ad imminentem Ecclesia? plagam con-
tremiscere. Eegum et judiciorum authoritate, reipublica? salutem
constare certum est, quam quidem, quotquot regnare volent, nun-
quam Ebefactari patientur ; itaque judicia in reos lata, vel exequu-
tione, vel gratiosa Principis condonatione finire est necesse. Prius
iUud in fratres vel metuere, vel gravissimum infligit vulnus.
Ecquid enim Scotiam jamdudum Christo sacram, sacri verbi Dei
mhustrorum sanguine madere, honestas famUias, atque adeo Eccle
sias, Pastorum pra?sidio, sanctisque laboribus orbari sancti minis-
terii dignitatem fieda perdueUionum labe commaculari, praedatoriam
Papistarum et Jesuitarum factionem, veros Ecclesia? Pastores, sibi
rebeUionis socios, aUquo saltern pra?textu, affingere posse, Eomana?
synagogse triumphos et plausus eo nomine parare ? Quis bonus ad
tantorum malorum vel suspicionem summo cum horrore non inge-
miscat. Nam ex tota Ula Papistarum colluvie, si qui fortasse causa?
fratrumpatrocinium ostentant, Joabi osculo nobis omnibus imponunt,
quos cruento gladio confossos cuperent, imo et pra?starent, siquidem
us quicquid hbet Uceret. Martyrium fatemur splendidissimam esse
coronam, sed puram castam, et ab omni maU suspicione vacuam.
Enimvero fratres quotocunque in mentem venire poterit, pientis-
simum Eegem, sacri ministerii assertorem, Antichristiana? tyranni-
dis infestissimum hostem, e totius Acherontis faucibus nuperrime
ereptum, ipsius et suorum saluti, summo Ulo custode IsraeUs in-
vigUante, suique Eegis mentem cor, oculos, aures, manus, mirum
prorsus in modum dirigente ? Quis, inquam, credat clementissimum
et prudentissimum Regem, innoxio sanguine Pastorum Ecclesia?,
cujus se protectorem esse gloriatur, sua subsellia polluere voluisse ?
2 L

530 CERTAINE RECORDS TOUCHING THE
Quem animadvertant, in nonnullis patria? et pietatis hostes plus
justo indulgentiorem videri ? Nunquam certe tanto Principi defu-
turi sunt, qui nomen ejus ab injustitia? labe vindicent. Ergo quod
unicum superest, utinam ad ejusdem dementia? asUum confugere fra-
conciiium tres in animum inducant. Sic enim non vanis rumoribus accipimus,
dunt veniam . ........ -r.
culpa; depie- et vmctis, et mmisteru dignitati Regem consultum veUe, quatenus
caildam. 7 ° ° '. *
per eos, inviolatam stare Regiam authoritatem Ucebit. Quod si no-
biscum vobis eadem stat sententia, detur obecramus, in absentia? sub-
sidium, vestro ore aut opera periclitantes fratres, ad quos nobis alio-
qui non patet aditus compeUare. Hie vero quid vos restitare audi-
mus fratres, ecquid oramus a ministerii vestri dignitate alienum vide-
tur, si mala? mentis, maii animi crimen deprecantes, qua decet animi
submissione veniam a Rege vestro postuletis, si qua in re se a vobis
offensum esse existimabit ? Neque vero urgemus, ut contra mentem,
Ratio a quod bonum est malum esse dicatis ; ex multis certe totius Regni
dMoTaSS- Scotici presbyteriis ad hunc de quo agitur conventum evocatis,
bus et pres- 1 • • t > -r» • • •• •
byteriis facto, cum tam multi mterdicto potius Kegis paruermt, et ex us qui
adierunt, aliquot veniam a Rege petitam impetrarint, totidem suis
quasi calculis, causa? vestra? praejudicarunt.
" ' In multis labimur omnes,' ait Apostolus, * et qui verbo non of
fendit, hunc perfectum esse opportet.' ' NihU,' inquit ille, ' mihi sum
conscius, sed in hoc justificatus non sum.' Et si justitias nostras
Propheta menstruata? muheris panno similes esse agnoscit ; annon
e turbulentis et incompositis animi affectibus, sordes multa? erum-
punt, qua? nos in singula momenta, et in actionibus pra?stantioribus,
ad culpas heu nimias ingemiscere cogunt ? Itaque fratres in Christo
charissimi, per vitam, et sacra capita vinctorum, imo vero per
Christum totius Ecclesia? caput, oramus, ut quatenus per serenis-
simi aeque ac potentissimi Eegis dementia Ucebit, ora malignan-,
tium obturetis, Symmystasquevestros meliora consiUaedoctos abim-
minente periculo eripiatis, quod penes eos esse, venia petita et impe-
trata, plerique vera? cultores pietatis non dubitant. Nos certe charis
simi et observandissimi fratres, sincerum et candidum animum, his
nostris Uteris exsculptum voluimus, ab eo scopo et norma, nuUius nos
unquam, aut usquam gratia abducere possit, quahscunque autem
fuerit et scopus et tota scribendi ratio, si quid tamen vel mentis

ESTATE OF THE KIRK. 531
errore, vel incompositis verbis irrepserit, quod veniam mereatur,
hanc concedite quotquot estis, utrobique fratres. Reliqua Christi
ana? charitati, justa?que de fratribus, et sancta? Ecclesia? soUcitudini
ascribitote. Dominus lesus suo vos omnes Spiritu gubemet et
ducat, ad suam et Patris gloriam, Ecclesiasque totius salutem !
"Datum Londini 26 Feb. 1605, Veteri calculo.
" Vestri in Christo fratres et Symmysta? de fratrum
multorum Sententia Gallica? et Belgica? Ecclesiarum
Pastores,
" Robertus Masso Fontanus, Aaron Cappel,
Nathanael Marius, Ecclesice Gallicce Pastores.
Leonhardus Moiartus, Johannes Regius,
Simeon Ruitingius, * Ecclesiae Belgicce Pastores."
After the reading and consideration of this Letter, the Ministers
in Blacknes, finding thereby their doings to be wonderfully tra
duced, and many calumnies spred abroad against them, to make
them and their cause odious to all Forreign Churches, thought it
necessarie to answer the same letter. But knowing that such as
were Bishopes and Commissioners in the Presbyterie of Eden
burgh would hinder the answering thereof, by the said Presbyterie
of Edenburgh according to the truth, they themselves being the
chiefe sowers and spreaders of such sinistrous rumours against their
brethren, they thought it good to write to them generaUy, desir
ing them that as they were privie to their whole proceeding, and
knew their innocencie in these things wherewith they were calum
niated, to satisfie the brethren that had written to them, and to
remove the offence which [was produced] by reason of such slan
derous reports as were akeady beleeved by many, and were like
to spread further, if they were not prevented in time. In the
meane tune, knowing not only how carelesse the same Bishopes
and Commissioners would be hereof, but also how contrarie thereto,
in the persones of the remanent brethren, they resolved to send
an answere themselves thereto, directed to the brethren of Eden-
* In- the MS. erroneously " Moiachus," and " Kintingius."
2L2

532 CERTAINE RECORDS TOUCHING THE
burgh, to whom that letter from London had been sent, through
the help of such among them as were sincere and weU affectioned,
to be conveyed to the ministers of the French and Flemish
for their better information and full satisfaction in that mater.
The Answere written by them is as foUowes : —
[See this Answer in Calderwood's History, vol. vi.,
pp. 402-419. It is dated " At Blackness, April 1,
1606 ;" and " subscribed by the warded Ministers
there."]
It * is not to be omitted in this tune, what it pleased the Lord to
worke in the hearts of these men, who, upon the assyse at LinUth
gow, had convicted the ministers in Blacknesse of treasone ; diverse
of whom the Lord did smyte with such consciences of their own
guUtinesse, that by their trouble and grief it pleased God to make
the innocency of his servants more manifest then if they had bein
absolved. This was speciaUy seen in Foster of Carden, and [Sir
John] Home of North-Berwick; the formest whereof being matched
with a most rehgious lady, who did most lamentably complean
upon her husband's fault, and deplore the judgment whilk un
doubtedly she expected should foUow upon her husband, his pos
terity, and house, in the justice of God, — he, I say, was hereby so
pricked in his own heart, that if, in the mercifuU providence of
God, he had not been keeped back from harming hhnself, he had
oft, by his own [hand,] endeavoured to red himself of his unspeak
able grief; whilk thereafter being professed be himself, he was,
willing to have come before the world and by his pubUck confes
sion of his guUtinesse in condemning the innocent to have both "
eased his own heart and removed the offence of his deed from
others. The other, to wit, Home of North-Berwick, was so hearily .
oppressed with his own burden that he was compeUed to take bed
fort sicknesse, till by the consolation mkustred to him be his
* This paragraph is not in Gibson's MS.
f From this to the end of the paragraph is deleted in Swinton's MS. by cross Unes.

ESTATE OF THE KIRK. 533
pastour he was made by faith to overcome the fear of the Lord's
terrour and inward conviction of his own conscience.
But to return again to the purpose before specifyed of the con
sultation and conclusion at Court, Mr WUUam Evring, according
to his direction, coming to Blacknesse the 7th of AprUe, obtained
entry and conference vrith the Ministers upon his Majestie's own
warrand, and there declared, in generaU, that his Majestie had
graciously received their letter, red and considered it, and that
thereby his Highnesse's mynd, albeit it was not ftdly satisfied with
their proceedings, yet by this better information of their letter it
was mitigat towards them ; for whose full contentment he had in
commission to desire them to passe from their DecUnatour, and in
more humble submission to make suit and supphcation to his
Majestie for their delivery. In the meantime he signified his parti
cular commission in secreit to Mr John Forbes. It is in substance
as it is mentioned before. * To whom they answered, That to go
from their Appeale they could not, for the reasons set downe before
at length, neither (as they thought) would his Majestie urge them
much in that point, since they had so sufficientlie manifested their
mind therein, so farre as it concerned his Majestie, both in the de
claration of the Appeale before the Lord Justice, and in their letter
to his Majestie sent by him before ; and if yet there remained any
scruple that required further clearing of their dutie in God accord
ing to conscience, they would gladlie satisfie his Majestie there
in. And for the last point, they were wiUing, in aU humilitie
and reverence, to intreate his Majestie for their peace and libertie.
And so after mutuaU inteUigence between them and their bre
thren in StirUng and Doune, t they wrote again to the King
the uttermost of their mindes, in that mater, and sent it with
the said Mr WUUam Irwing, who tooke journey to Court the
22dofAprUl. The copie of the foresaid letter foUowes : —
* From this to the end of the paragraph is from Gibson's MS. In Swinton's MS.
it is represented by only two or three Unes.
f That is, their brethren who were warded in these places.

534 certaine records touching the
" Please your Sacred Majestie,
" The singular goodnesse and mercy of our God in his provi
dence and watchfull cair over your Majestie's persone and
government, as in aU things, so speciaUy in this matter of
ours, clearly manifested, does cause us continuaUy give thanks to
his great and glorious name : First, Considering the great provo
cation whilk alwayes we feared, and now not only be naked report,
but cheefly be an book of " Declaration," set forth be your Majestie's
CounseU here, and be ane Letter sent frae the Ministers of the
French and Fleemish Kirks at Londone to the ministers of Edin
burgh, we evidenthe perceive hes been made to your Majestie be
the sinistrous report of our doings, pairtly in suppressing the truth,
and partly in calumnies against the truth, to stir up your Majestie's
wrath against us ; — that yet, notwithstanding hereof, the Lord of
his infinit goodnesse and speciaU love towards your Majestie, hes
stiU keeped back your Highnesse's hand fra being stretched forth
to the hurt of the servants of your Majestie's God. Secondlie,
For that na show or cuUour of justice whUk hes been put upon the
wrang that we have sustained be the doers thereof, aUbeit in
cheefest creddeit vrith your Majestie, and your Highnesse oweth
speciaU benefeit and favour, hes born sic sway in your Majestie's
resolution, that it sould carry your Hignesse's mynd to the approba
tion, before your Majestie, according to that princely and fatherly
cair of your subjects welfair, should first find your Majestie's con
science warranted with greater surety of truth then outward
showes can yeald ; hereby manifesting, that as your Majestie ever
misliked the outward mask of mercy, when na matter of trew,
humility did procuir it, so does not your Majestie acquiesce in the
outward mask or show justice, where no substance of equity or '
truth is under it. Thirdlie, With the strength of our heart we
magnify the goodnesse of our God, that he lies inchned your
Majestie's heart to pity the oppressed, and to open your Majestie's
ear to their cry, and lies moved his Majestie to sic clemencie as to
vouchsafe a gracious reccit of our letter, and ane indifferent mynd
to our report ; praising God for that we find no prejudice be mis-

estate of the kirk. 535
report hes taken sic hold on your Highnesse's heart, but that there
is alwayes place therein left to the truth, whereof we have clearly
informed your Majestie in our last declaration, whilk we have
given in the sight of God in aU truth and fidelity, declaring here
by how far we have ever bein fra committing that vUe trespasse,
wherewith we are traduced in that print " Declaration," and Letter
fra Londone, as though we had disclaimed ourself altogether fra
any subjection to your Majestie and your Majestie's Counsell, by our
Dechnatour given in to them, making aU our actions of whatsumever
sort to be mere spirituaU ; we having first to the contrair, in our
Supplication, given in to the Counsell before our DecUnatour, whilk
also we sent with this bearer last to your Majestie, made open pro
fession of our willing submission to them in aU things civiU, and
having given so fuU ane testimony of our duty in that poynt
towards your Majestie before the Lord Justice, as in our judgment
na Christian heart would require more, and that before any inter
locutor was pronounced against us ; whUk being dyted be us, was
registrat in the Justice Books, howsoever, be appearance of the fore
said booke of " Declaration," baith it and aU the rest of our reasons
clearing our innocencie, are suppressed fra your Majestie's know
ledge. Therefore as then, and in our last letters, so now again,
we professe to your Majestie, and testify to aU men, that as we
acknowledge your Majestie's soveraign authority, under and in
God, over us in aU things belonging to this life, and this hfe itself;
so we doe not, neither did we ever, deny your Highnesse's power
over us, vindex utriusque tabulae, to command and cause us in our
specialest actions * to redresse whatsoever is contrair to the purity
of doctrme and sincerity of order and government in the house of
God, set down and prescribed be Christ, the only Head and Law
giver thereof, in his Word, and practised therein be his Apostles,
and to punish aU whosoever shaU be tryed t to doe any thing in
the contrair. Neither ever doe we refuise your Majestie's judg
ment in our Assembly in this particular, but with aU our hearts
would maist earnestly wish that we may have your Majestie's
* In Gibson's MS. " spiritual! caUings." t That is> found.

536 certaine records touching the
presence therein, (according as it hath heretofore pleased your Ma
jestie thereby to honour the AssembUes of the sancts in that judg
ment,) to see our proceidings ; albeit it be true that we declyned
your Majestie's CounseU in that matter of the lawfulnesse or unlaw-
fulnesse of our Assembly, it being spirituaU, and they appointed of
your Majestie, onely ane CiviU Judicatorie in matters civiU, and
that also with hmitation ; sa that it is lawfuU to other your Majes
tie's subjects to dechne their judgment in sic cause (albeit civUl) as
belongs to the Lords of Session, and criminaU matters as belong to
the Justice. This is the thing whUk we have done, whilk we are
assured your Majestie wUl maist willingly aUow as agreable baith
to the law of God and your Majestie's own laws ; and if your
Highnesse hes sufficienthe espyed the wrong done to us, but more
to your Majestie, in drawing in your Highnesse to be pairty to
[against] us in this action, thereby the more securely and strongly
under that covert, to bear out their mtentions, we doubt not but
your Majestie shaU now proceed, as your Majestie hes begun, to
the glory of God, your Highnesse's praise, and the joy of
your Majestie's people, to let aU your Majestie's subjects un
derstand, that as it is said of David the King, in the matter
of Abner, * sa that [which] we have suffered in this matter is not
your Majestie's deid ; that sa be your Majestie's countenance
on the course of your Majestie's princely cair of justice, and
righteous government in clemency, for the peace and prosperity of
your Majestie's subjects, it may be stiU with your Majestie, as it
is said there it was with David, that ' whatsoever the King did it
pleased aU the people.' And now for to this effect, as ever before,
so now again, we your Majestie's loving, loyaU, and harmlesse sub
jects, in aU humility and reverence, prostrat before your Majestie, •
beseeks your Highnesse, our maist gracious Soveraign, to bestow
upon us your Majestie's favour and clemency, to pity our desolate
flocks and families, our persons, our poverty, our long and hard
restraint t to the great prejudice of your Majestie's subjects, among
whom so many enormities, so great impiety, atheisme and encrease
* See 2 Sam. iii. 31-37. f '•«• Imprisonment.

ESTATE OF THE KIRK. 537
of idolatry have croppen in, becaus the watchmen have bein so long
holden fra the walls. Let aU the sancts and our hearts be comfort
ed be the gracious benefeit of your dehverance, that aU, in ane
voice, may glorify God for his goodnesse, and offer up ' the calves
of our Ups' for that in his mercy he hes given, and stUl does pre
serve, your Majestie to reigne over us, ane protector of the inno
cent, and releef to the oppressed, and defender of the truth, ane
shield and joy to the righteous, ane terrour and fear to the wicked ;
and that we may have occasion in our lives to expresse the thank-
fulnesse of our hearts, towards God and your Majestie, for his cair
and singular blessing ; that under your Majestie's wings as the
nurishing father of God's Kirk, the sancts, with joy, may serve their
God with sincerity, according to his wUl, being thereto not only
warranted from danger be the authority of your Majestie's laudable
and Christian lawes, but therein also preserved from aU peril, baith
of open enemies and crafty hypocrites, either without or within
the bounds of your Majestie's dominions, be your Highnesse's
gracious protection, whose RoyaU persone, posterity and estate, we
humbly beseek the Lord to bless with the encrease of peace and
prosperity, and to defend frae aU danger, bodUy and spirituaU, to
the coming again of Him who is blessed for ever.
" From the pEces of our imprisonment, the 18th and 22d of
April 1606.
" Your Majestie's most humble distressed Prisoners, &c."
In * the particular commissione direct to Mr John Forbes, he,
perceiving by conference with Mr WUliam Irwing, and [by] other
conjectours fearing that which afterward came to passe, that by
pohcie of the Chancelor his enemyes, his letter was to be made
the ground of their proceeding against him, as ane abuser of his
creddeit at his Majestie's hands ; and that, otherwayes, if Mr John
should not clear the verrity of his own write, that it should be
used against himself to his farder disgrace and danger ; so [thus]
* From this to the end of the chapter is not in Gibson's MS.

538 CERTAINE RECORDS TOUCHING THE
resolving to compeU Mr John, whom they concluded to use as the
author of that report, (allbeit purchased from him upon the occa
sion ministered be others, in maner as said is,) and so, for fear of
his own danger, to inforce him to manifest the truth of that matter
touching the Chanceler, that thereby they might attain to their
desire against him ; — Mr John Forbes suspecting aU these things,
did write, in maner foUowing, ane answere to his Majestie : — *

These letters were dehvered to Mr WUliam Evring the 22d of
Aprile, the Ministers shewing him, that, in their opinion, they had
done as far in the matter of the Declinatour as his Majestie could
require, by their interpretation thereof before the Justice, and in
their first letter sent by him before ; and, now, lastly, in that
their other letter, whilk was outermost of their minde in that
eirand ; so that they beleeved his Majestie should urge them no
farder, in respect there remained no scruple uncleared of their
duety in God, according to conscience, toward his Majestie ; and if
there were any yet that remained whilk required furder clearing,
they were reddier therein to satisfy his Majestie. As for the last
point, they were willing, — and they hoped that the letter should
testify the same, — in aU humihty and reverence, to requiest his
Majestie for their liberty and peace, so being, that by humihty
there were nothing named whUk might be prejudiciaU to their
innocency in that for the whilk they had suffered. Thus Mr
William returned be post to his Majestie, who, having red the
letters, was highly commoved, that Mr John Forbes by his letter
did flie all accusing of the Chanceler, and only did endevour to
defend himself, and make evident the truth of that whilk he had
written. Whereupon his Majestie did send to the Earl of Dum
bar, now on his journey with the rest of the Lords towards Scot
land, ane letter showing his miscontentment with Mr John. The
Earl of Dumbar, being very desirous to have that matter effectuat,
after his return, did send ane trusty servant of his own with ane
* This letter is not in any of the MSS.

ESTATE OF THE KIRK. 539
letter, and some credit besyde the letter, to Mr John Forbes,
thereby to stirr him up to be more fordward in that action against
the Chanceler. The credit we cannot set down, becaus the said
Mr John Forbes does keep it secreit to himself. The letter was
as followes : — *
" Trust Friend, His Majestie,"

The same, cause hinders us to declair what answere was given
to that whilk be creddeitt was committed to the bearer, whilk suf
fered us not to expone the creddeit itself. Unto the letter, this
answere was returned from Mr John in writ : — f
" My very speciall good lord,"

By this letter, the Earl of Dumbar and the rest conjoyned with
him were put again to ane new advisement, finding that Mr John
Forbes stiU refuised to accuse the Chanceler of any thing, and so
their purpose hke to be impeided. Therefore, the next resolution
was to stir up the Chanceler against Mr John, to accuse him as ane
who had written ane untruth to his Majestie of [the] Chanceler ;
who, not being acquaint with that whilk was written, and so fear
ing that more had bein revealed then was, of that whUk had in
secreit past betwixt him and Mr John Forbes, was easily moved
to insist, that Mr John might be called to ane compt, pairtly upon
the outward show of good wiU and favour in the Judges, who
stiU seemed to mislike Mr John Forbes's proceeding, and partly
upon the confidence he was in, that Mr John should never be able
to prove that conference whilk had been betwix them, in respect
it was secreit, and no man present thereat, except one hearer of
good account, caUed Alexander Burnet, of Leyes ; to whom the
Chancder did write in that matter, being his speciaU trusty friend,
and the only man who was able to reveal the haill secreits of that
conference, shewing him thereof, and yet signifying that he could
* This letter is not in any of the MSS. f This letter is not in any of the MSS.

540 CERTAINE RECORDS TOUCHING THE
not expect that Mr John would give himseEout as author sof any
sic accusation, in respect he was certain that he was not able to
prove it. The reason why he so trusted, was the assurance he
had of the Laud of Leyes, that he would affirm nothing to his
prejudice, and he knew there was no other privy to the confer
ence. On the uther pairt, such as were set to procure the Chan
celer' s disgrace, understanding who they were to whom the Chan
celer had manifested that there had bein a promise past betwix him
and Mr John Forbes, to whom also he had uttered his approba
tion of their proceedings at Aberdein, as agreable to that promise,
they laboured to know of them what they would depone and
witnesse in that matter if their testimony should be required ; and
finding sufficient evidence to verify that whilk Mr John had writ
ten, given be the Chanceler his own declaration to them, they re
solved confidently to prosecut the matter, and to send for Mr
John Forbes and bring him before them, to clear himself in that
whilk he had written, intending the accomphshment of their pur
pose be his defence als weU as if he had bein accuser, in respect
his clearing of himself would sufficiently serve to convict the
Chanceler in that whilk would undoubtedly procure his disgrace
with his Majestie.
In this meantime, whUl this is in deviseing, the Chanceler
having caUed to minde his speaches to Mr James Balfour and
Mr Walter BalcanqueU, fearing greatly that their testimony being
craved should convict him in that whilk he had pairtly denyed
upon the confidence foresaid, he sent for Mr James Balfour, and
finding be him that he would depone the truth of that whilk he
had heard, touching his approbatione of Mr John and his rema
nent brethren's proceedings at the AssembUe in Aberdein, he ear
nestly dealt with him in the contrair ; but prevailing nothing, he
tooke purpose to hinder the tryaU, be staying Mr John Forbes from
coming before the Judges appointed in that eirand ; [and] if that
might not be performed, be taking aU occasion from Mr John of
intelhgence with any man. And to this effect, first, he caused
the Constable of Blacknesse to keep him and his brethren in such

ESTATE OF THE KIRK. 541
strait and closse waird that no creature might have any accesse
to them, neither they have Uberty to acquaint others vrith their
estate. Therefore, the Judges, having appointed the 24th of Maij
to bring Mr John Forbes before them, according to his Majestie's
direction, he sent for the Constable, and wUled him to detein Mr
John, albeit the CounseU should send for him, and, for doing so,
to pretend non-payment of his charges. The Constable willing to
obey him, upon urformation of the day the whUk Mr John was to
be transported, went to the Earl of Dumbar, and did signify his
purpose of deteining Mr John upon the reason foresaid. The Earl
of Dumbar, espying the policy, did frustrat that intention, desir
ing the Constable not to detem him for that cause, seing he was
to be sent back to him again, and, likewayes, he should not fail
to procure his payment.
Mr John Forbes, aU this time being keeped as said is, was sent
for the 24th of Maij 1606, and be some servants of the Earl of
Dumbar convoyed to Edinburgh, together with Mr John Welsh,
upon occasion of ane letter sent be the appointed Judges to Mr
John Forbes, subscribed be seven of them : The tennor fol-
lowes : —
" Trust friend, — After our heartily commendations, we have
given direction anent your transportation here to the brough of
Eduiburgh, vrith any one or two of your brethren whom ye think
meet to accompany you, for clearing of this matter concerning the
Chanceler ; and if ye have any wryte, or any other verification
concerning that matter, we requeist and desire you to bring the
same with you, to the effect that matter may be put to ane poynt.
And so we commit you to God.
" From Edinburgh, the 23d day of Maij 1606.
(i Your good friend Montrose, Commissioner,
Mar, Dumbar, Fleeming, Glamis,
Newbattle, Scoon,"

542 certaine records touching the
Beside this letter, ane direction was sent to the Constable of
Blaknesse to deliver the said Mr John Forbes to a servand of the
Earl of Dumbar" s, and siklike, any one or two of his bretheren
whom he should think meet to accompany him. Wherupon Mr
John Forbes thought expedient that Mr John Welsh should goe
with him, in respect the Chanceler had most plainly entered his
mynd to him anent their proceedings at Aberdein, and of Mr
John Forbes's honesty in keeping promise to him therein ; whilk
also being known to the Judges, moved them so to write to Mr
John Forbes ; who being brought before the CounseU, and Mr
John Welsh with him, Mr John Welsh was removed tiU the
CounseU should conferr with Mr John Forbes. A long reasoning
was betwix the CounseU, then conveened, and him in that matter,
the CounseU urging him to prove that whilk he had written, and
he defending, that be no reasone or Ew could he be desired to do
so in a matter so privat and secreit, whilk he had in sic manner
uttered to his Majestie, as is before specifyed, for so sould no man
hereafter open up any thing to his Highnesse, although it should
greatly concern his honour and peace, if he should find that he be
hoved in publick judgment to verify the same ; beside that in that
matter, he understood no undutifulnesse in the Chanceler wherefor
it should be so tryed ; and, therefore, as for himself, he would na-
wayes be his accuser, only he was to answere for himself in any
thing they or any man had to accuse him.
The CounseU again answered, That albeit he esteemed that whilk
he had written of the Chanceler to be no offence, yet his Majestie
thought otherwayes, and therefore it behoved him to verify that,
lest he should seem to traduce one of his Majestie's speciaU Coun-
seUers. Mr John again replyed, That so every thing that any sub
ject should write of ane CounseUer might be made ane offence,
and so bring the writer in danger of the former guUtinesse, if so
be that whatsoever his Majestie should think ane offence it should
be so esteemed, and the writer compeUed to answere thereto :
alwayes that it was his Majestie's wUl that he should clear the
verity of that matter he was content in that form to do it, whUk was

ESTATE of the KIRK. 543
most agreeable to the nature of it, and manner of his reveaUing of
it, whUk being secreet, he would, be privat information, satisfie his
Majestie's mynd in sick sort, as his Majestie should clearly perceive
the verity of that whUk he had written ; wherein, if he faUed,
he was content that his Majestie should esteem of him as a tra-
ducer of his CounseUer and punish him accordingly.
The CounseU answered, That it was his Majestie's wiU that
that matter should be tryed before them, and that they should
report the tryaU to his Majestie ; therefore wiUed him to tell
if he would prove it or no. He perceived that no answere
would move them to desist from the publick tryall, desired
that the Chanceler might be brought before him, that he might
confer with Uim, in respect he believed he should deny nothing
of that whilk he Ead written, having given sic publick evidence
thereof himself so oft before; but this being refuised, upon the
affirmation that the Chanceler did deny any conference with him
in the matter, and he enquired what way he would prove it ;
answered, That since it behoved to be so, his Majestie, and
his servitour, Mr William Ewing, had presented their [three]
wayes to bim, whereof his Highnesse was content to accept
of any one, to wit, either writt, witnesse, or circumstance. The
CounseU demanding be which of the three he would verify that
matter, he answered, When it came to the actione they should
know, but before would not manifest his purpose ; but if he proved
not the truth of his writ, his Majestie could judge sufficiently.
And directing his speach to the Advocat, who was his accuser, [he]
said, That he thought his Lordship might have long since wearyed
in accusing the servants of God, alwayes he hoped in God that his
Lordship should not obtain bis desire in that matter, more then in
his former proceedings ; wherein he himself finding that the sen
tences hitherto * pronounced against him and his brethren was no
sufficient cover to their malice, nor warrand for the severity in
tended and concluded in their hearts against him and his brethrein ;
therefor was it that in this particular his Lordship pressed to catch
* From this to the end of the sentenced deleted in Swinton's MS. by cross Unes.

544 CERTAINE RECORDS TOUCHING THE
some advantage to his disgrace, thereby intending to make him
and that truth, for the whilk he and his brethren suffered, the more
odious to all ; yet he trusted that herein, as in aU the former, the
Lord should bring his innocency to light, and frustrat the enemies
of his truth of their hope. Therefore, according to his last letter
sent to his Majestie, he would not directly take in hand to prove
the preceding conference, in respect it was secreit, without any
witnesse except one, in the Chanceler's own cabinet, wherein he
consented to aU that was proceeded in that meeting, and contained
in the processe of their AssembUe. But after the AssembUe, he,
[Forbes,] having sent information of the form of the proceeding,
with ane authentick coppie of the processe, the Chanceler be word
aUowed and approved aU that was done; whilk approbation of
their proceedings he would prove sufficiently, as done according
to the agreement preceding.
This his offer being set down in writ after this same manner, and
subscribed be him, the 13th of June was appointed for his proofe.
And being again demanded be the Advocat, If he would prove the
Chanceler's approbation in every particular of their proceedings, as
the election of the Moderator, the election of ane Clerk, &c, he
answered, He marveUed that his Lordship did propone sic ques
tions, if he desired, as he pretended, to have that mater brought
to Ught for his Majestie's satisfaction; for thereby it seemed
rather that he was willing to cover the evidency of it by some
policy, in causing it seem that he had succumbed m his proofe,
because he had faUed in clearing the Chanceler's consent to every
particular circumstance of that action, albeit he should sufficiently
verify his consent to aU in substance. [He] therefore declared he
would add nothing to that whUk he had set down ; but whatsoever
was contained in that process, whereof they had received ane cop
pie, and whUk was the ground of the proceeding against him and his
bretheren, and whereof they had some information to his Majestie,
he would verify the Chanceler's approbation to it ah. Being again
demanded, If he had any farder information to give unto his Majes
tie anent the clearing of that matter, he answered, That he would

ESTATE OF THE KIRK. 545
declare no furder at that present, albeit he knew furder in that
matter, whereof, if it were his Majestie's pleasure, he would
give information to his Majestie's seE, to the effect his Majestie
might make his use thereof aUenarly ; and would also give his
Majestie his opinion how to understand the truth thereof; but he
would neither be ane accuser in that particular, nor have himself
burdened with probation in judgment thereof, nor have it to come
under processe, according as they had brought that particular of
his letter to his Majestie.
This his last speach he was also caused subscribe, and so with
Mr John Welsh was sent to the Castle of Edinburgh, there to be
keeped in closse waird, no man having accesse to them untUl the
13th of June. The Lords that did sit on the tryaU of that matter
were Montrose, Commissioner ; the Earl of Mar> the Earl of Dum
bar, the Lord Fleeming, the Lord Glames, the Lord Newbatle, the
Lord of Skoone*, the Collector, and the Advocat ; of whom, albeit
some were set to have that matter brought to Ught, yet others,
speciaUy the Advocat, was inclined to the contrair, in favours of
the Chanceler, and therefore did all that he might to intrap Mr
John Forbes, that in something he might seem to have faUed.
They who were of the other intention perceiving that Mr John
stUl feared thefr pohcy, as though they did intend rather to dis
grace him then to harm the Chanceler, and that the most favour
able drift they had in that matter was to remove the blame of sic
severity as should be used against him from themselves, be mak
ing it appear that it did not flow from their deed at LinUthgow so
much as from that new occasion ; thereby thinking to recompense
the Chanceler, and meet his poUcie with the like ; who, as he had
endeavoured to turn over the hatred of the Ministers trouble upon
the Earl of Dumbar, in causing him to be sent to be actour in the
conviction at LinUthgow, so there, Ukewayes, the Earle of Dumbar,
both to disburden himself and [for] recompencing of the Chanceler,
did endevour to cause it seem to aU men that it should be for his
* Sir David Murray of Gospertie, created Baron Scone in 1605, and Viscount Stor
mont in 1621.
2 M

546 CERTAINE RECORDS TOUCHING THE
cause in particular, in his privat revenge, that the [said] severity
Should be used against Mr John Forbes ; — they, as said is, per
ceiving Mr John to suspect these things, and, therefore, to be
more spairing then they would have wished him, and that he fled
so far as he might the publick tryaU of that matter, and desired to
have liberty be his own presence to satisfy his Majestie, they delt
with him to be more fordward, in respect they understood that he
was able to prove his aUedgeance sufficiently, having themselves
conferred with his witnesses, and heard what they would depone.
Yet he, still wUling to shew that form of proceeding, desired that
if they would have his Majestie resolved in that matter they would
procure his going to Court, that he might inform his Majestie him-
seU in the verity of that matter. They, being most desirous of
whatsoever form might serve most for clearing that purpose, wiUed
himself to write to his Majestie to that effect, and they should
convoy it to his Highnesse, and labour be their moyen to obtain
his suit.
Mr John Forbes, perswaded that if his Majestie was so instant
as they pretendit to have that matter tryed, he would easUy
condiscend to send for him, and so desirous to try his Majestie's
mind before the day, thinking either to stay the publick try
aU, or then to obvert aU offence that might therein arise if his
Majestie's expectation were not fuUy satisfied, according to the
information and assurance he was put in be these men, was
glade to embrace that opportunity of making his mynd in that
mater known to his Majestie; and, therefore, did write as after
foUowes: —
Please your Sacred Majestie, *

This letter he sent open to the Earle of Dumbar and the Lord
Fleeming, that they might read it, and so no wayes offend with
that he did ; as also, [that,] being resolved with that whilk he was
* This letter is not in the MS.

ESTATE OF THE KIRK. 547
to doe, they might before hand advise if that would satisfy his
Majestie, and so deal either for staying the tryaU or procure his
sending for accordingly. They having red it, and being fully satis
fied therewith, as containing sufficient to verify the matter in hand,
they did post it to his Majestie with the Laud of Burlie ; whilk his
Majestie having read, [he] was more incensed against the Chanceler
then before. Who, fearing no let in respect the purpose had not
framed according to his hope, for he stUl expected that Mr John
Forbes should have bein straited with proving .the conference,
wherein he assured himself that he would succumb ; but now
perceiving that Mr John had not uttered the things that most he
feared, and for the whUk he at the first denyed the conference
itself; as also that Mr John had taken no more to prove but his
verbaU approbation of their proceedings, as done according to pro
mise, and so by consequence to clear the conference ; he, knowing
very weU that Mr John was able to justify himself in that point
[to] his own disgrace, did send to his Majestie, requesting him to
procure his favour ; who labouring in his favours, his suit was first
repeUed be his Highnesse, but thereafter, be intercession of the
Earl of SaUesberry, his Majesty yealded, albeit that matter was
proven, to suffer the Chanceler to remain in his office ; and there
fore did send home certaine instructions to the Earl of Dumbar
with the Laird of Burlie, whereof one concerning that matter
was, that he would not have his Chanceler convict in that whilk
Mr John did aUedge, because Mr John was ane convict man
himseff, neither would he have him put from his office albeit
that matter were proven.
The Earl of Dumbar, perceiving his Majestie's resolution changed,
and so the purpose na wayes like to succeed, thought meit not alto
gether to losse the Chanceler's favour since he was not yet to fall,
and therefore, by mutuaU intelligence past betwix them, he agreed
to convoy the tryaU als far as he might to the Chanceler his advan
tage, and to Mr John Forbes prejudice, that it might seem that
the Chanceler did not continue in his Majestie's favour, and in his
office, so much by grace as merit ; for since it was his Majestie's
2 m 2

548 CERTAINE RECORDS TOUCHING THE
wiU that he should be esteemed innocent, albeit the matter wer
proven, he thought it meetest to pleasure the Chanceler, as said
is, that thereby it might appear that the Chanceler had obtained
that benefeit by his procurement. And to this effect there were two
things wherein he yealded to satisfy [the] Chanceler ; the one was
that Mr John Welsh, howsoever before aUowed to be ane witnesse,
and brought from Blacknesse to that effect, yet he should be
stopped unexamined in the tryaU, becaus he was able to verify the
Chanceler's approbation of Mr John Forbes's honesty in keeping
promise most clearly, and for the doing hereof to excuse himself, to
pretend that Mr John Welsh was ane convict persone ; the other
thing was, that albeit Mr John should not use the Laird of Leyes*
as ane witness, yet, at his requeist, the Earl of Dumbar promised
he should be examined in his favours.
Thus the day being come of tryaU, Mr John was brought before
the CounseU, where many questions were again purposely proponed
be the Advocat, to bring Mr John in some snair ; whereunto Mr
John did give sic answers as might give no advantage against him
self, or they [he ?] refused to answer them at aU, aUedging, he was
come there to answere to no new things, but to clear himself of
that whilk the last day he was burdened with, and, being reddie to
doe the same, he was holden to do no furder. Being enquired how
he wald prove that matter, he did give in fower witnesses laufuUy
summoned, to bear witnesse in that matter, to wit, Mr James
Balfour, Mr Walter BalcanqueU, ministers of Edinburgh, Mr
John Welsh and Mr Robert Carcart. And therafter being de
sired to declare, If he would give in any circumstances to clear
that matter, he answered, " He would use none at that time ex
cept one, to wit, the Chanceler's conference with Mmself before
the CounseU, the first day of his imprisonment." Being urged be
the Advocat to use the Laird of Leyes as one of his witnesses,
in respect he understood the secret of that matter best, he an
swered, " He would not, in respect he had not taken the con
ference directly to prove, but the Chanceler's verbaU approbation
* Thomas Burnet of Leyis, in Aberdeenshire.

ESTATE OF THE KIRK. 549
afterward of the proceechng, wherein the Laird of Leyes could
not be a witnesse, being none of them to whom he had uttered the
said approbation."
The Advocat insisting on that matter purposely, that either Mr
John might be compeUed to use him, or then incur some suspicion
for refuising him, that his cause was not honest ; Mr John answered,
That it was ane new forme of justice, that the pairty to whom
probation of a matter was referred, should not have liberty to
make choise of his owne proofe, and that the judge should be so
partiaUy set, that albeit the matter were sufficiently verifyed, yet
if their humor, or rather the humor of the adverse pairty, were
not foUowed in the probation, it should be a prejudice to him that
proves; [and] he hoped that, in aU indifferent myndes, it should
rather manifest the eviU disposition of the judges then any weak-
nesse in his cause. But if his Lordship was so desirous to have
the matter exactly tryed, for his Majestie's pleasure, as he stiU
pretended, he wUled him, and the remanent Lords, to use aU the
meanes they thought meet or expedient for the same, to witnesse
their duetifulnesse to his Majestie. As for him, in that whilk he
had taken to prove, he would use sic witnesses as he pleased
himseU ; and seeing in doing so, he prejudged more himself
then the Chanceler, he thought his Lordship should nowayes be
grieved thereat.
Hereafter Mr John again desired to have the Chanceler brought
before their Lordships, that he might confer with him ; but this
being again refused, the witnesses are aU fower caUed. Mr John
Forbes, hearing them caUed, desired the Lords to send their
warrand to the Castle for Mr John Welsh, in respect, without the
same, he could not be suffered to come and give his testimony ;
whereat the Clerk (being at the doore) retumuig, aUedged, ane
masser was directed. Thus Mr John, before the witnesses cam
in, is removed, [and] neither the Chanceler nor he brought to see
their oath taken.
Mr James Balfour and Mr Walter Balcanquell in their depo
sitions agreed both in one, conform to that whilk Mr John Forbes

550 CERTAINE RECORDS TOUCHING THE
had written to his Majestie ; * for Mr John, before his writing to
his Majestie, understanding of them the conference betwix the
Chanceler and them, did so write as he knew of themselves they
would testify in judgment.
Mr John Welsh was past unsent for, or examined, according to
the paction betwix the Chanceler and the Earl of Dumbar.
Mr Robert Carcart deponed, That he heard not aU that was
bewix the Chanceler and Mr John Welsh, but that he heard him
enquire, " If ane act was made against the Commissioners ?" And
Mr John assures him, there was none, and to clear that he saw
him take ane written processe and present to the Chanceler ; after
the whilk he heard the Chanceler say, " E there was no more done
there was the less fault done, or thereby in sic hke tearms."
After the examination of thir witnesses, Mr John was caUed in
again, and being enquired, If he would use any farder proof? He
answered, That for that time he would use no furder probation
then he had given in aEeaddy. Whereupon he is sent again to
the Castle, not knowing tiU he was come out, that Mr John
Welsh was not examined.
After his departure the Laird of Leyes is examined in favours
of the Chanceler, who confessed the conference and his presence
thereat, and that. there was a promise but that there should be no
Assemblie holden there.
The matter being tryed, and by the deposition of Mr James
Balfour and Mr Walter BalcanqueU clearly proven, as likewayes,
(albeit somewhat obscure) be Mr Robert Carcart's, — and the Laird
of Leyes deposition, albeit given m favours of the Chanceler, ma
king the matter more evident, — yet according to his Majestie's
direction to the Earl of Dumbar, the report was caused passe, that
nothing was proven against the Chanceler.
Hereupon, in the hearts of many even weU affected, yet igno
rant of the truth, great offence was. taken, for encreasing whereof,
the evil disposed and the Chanceler's favourers did spread in all
places the most vile and odious calumnies upon Mr John Forbes
* From this to the end of the sentence is deleted in the MS.

Ji:

ESTATE OF THE KIRK. 551
that their mahce could devise ; the DevUl and his instruments
hereby taking occasion to make the sufferings of him and his
brethren to be the lesse esteemed, and their cause the less
regarded, and their persons the more despised ; the hearts of
the best sort being greatly confounded, esteeming aU things to
have been according to the open bruit. Mr John Forbes did
patiently bear aU things, commiting his cause to God, who dayly
did clear his innocency be bringing the truth to light, and
making it known how dewtifuUy he had -behaved himself from the
begining of that action, even towards his greatest enemies ; whilk
being known to the Chanceler, who feared more the things that
he concealed, then all that was uttered, he purposely did speak
favourabUe of Mr John Forbes before his weUwiUers, and caus
ed his friends so to do, that he might be stayed from declaring
the secreits of that conference, albeit to others baith him and his
friends did manifest their mahce towards him; always nothing
served so much to testify Mr John his innocency, as his Majestie's
sUence in that matter, after the receit of the processe caryed to
Ms Highnesse be the Lord Fleming ; who, perceiving the deposi
tion to agree with Mr John Forbes own writing, was stayed from
useing that as ane advantage against him, to put his purpose in
execution. So Mr John remained in the same cace he was in
before, it being certain, if the reports had been trew that were
spread of him in that eirand, sic ane occasion would not have bein
shpped, when be all means, directly and indirectly, a pretence was
sought against him, to rid the land of him, either be death or
banishment. This opinion did hold the hearts of aU weU affected
men in ane suspense, tUl God did more clearly manifest the truth.
Mr John, in this meantime, albeit greatly aUured be others, and
provocked be the Chanceler's mahce, yet did not suffer himself,
by the one or other, to be overcome, so as to utter any thing to
the Chanceler his prejudice, albeit he might have many wayes pro
cured his disgrace.

552 CERTAINE RECORDS TOUCHING THE

cap. xni.*
SOME MINISTERS SENT FOR BY HIS MAJESTIE. — THE GENERAL
ASSEMBLY STILL SHIFTED. — A PETITION SENT BY THE WARDED
MINISTERS, AND A PROTESTATION BY SOME OTHER .MINISTERS
TO THE PARLIAMENT OF PERTH, BUT NOT PRESENTED. — SOME
ARTICLES PENNED BY THEM. — WHAT MATERS WERE CONCLUDED
AT THE PARLIAMENT OF PERTH. — A PETITION SENT FROM THE
WARDED MINISTERS TO THE KLN&, AND A LETTER TO THEIR
BRETHREN GOING TO COURT.
About the latter end of June 1606, the King sent for some of
the Ministers to come to him against the 15th day of September
nixt foUowing. The persons sent for were these : Mr Andrew
MelviU, Mr James MelvUl, Mr James Balfour, Mr WiUiam Scot,
Mr WUUam Watsone, Mr John CarmicheU, Mr Robert WaUace,
Mr Adam Colt, Mr Henry PhUipe ; of the which, the first eight
were known to be of the most learned, wise, faithfuU and upright
in the land, and thus most opposite to aU the wickednes of the
Bishops and Commissioners ; the last being of another disposition,
was purposhe, (as it was thought,) sent through the pohcie of
Mr James Nicolson, to the end, that being ui company with
the others, he might be acquainted with their mind, and give
intelligence thereof to the King and to the Bishopes and Commis
sioners. But this poUcie being perceived, the danger was pre
vented by the others refusing to have hun in theE companie.
The first [thing] that was secrethe aymed at, was thereby to find
out a fair excuse for adjournuig againe of the GeneraU Assembhe,
appointed by pubUck proclamation to be keeped the last Tuesday
of Julij nixt foUowing, in Dundie ; which was shortly manifested
by another proclamation, forbidding the said AssembUe in Dundie,
* This and Chapter xiv. are suppUed from Gibson's MS. Neither of them is con
tained in Swinton's MS.

ESTATE OF THE KIRK. 553
and ordaiiung it to be keeped at Perth the first Tuesday of Maij
1607. The copie of the Proclamation followes : —
" James, by the grace of God," &c. *

What further kvtention and secrete purpose was under this
poUcie it wUl be manifest by the successe and event of things
foUowing. The resolution of altering the government and disci
pUne estabUshed in the Church was aEeady evident to aU men,
as in the Parliament keept at Perth, the King's supremacie over
aU persons, in aU causes, was much advanced and openlie inacted,
and the Bishopes restored to the same estate that they were in
before the yeare of God 1552. To this ParUament came divers
of the best affected ministers, and penned a Protestation f to be
presented to the Estates assembled.
Likewise, the Ministers in ward sent a Petition for their releas
ing out of prison, with an Eistruction to the Estates in ParUament
of the Griefes whereof they complained, and which they humbly
desired to be considered and redressed. The Petition foUowes : —
" Right," &c.
[See this Petition m Calderwood's History, vol. vi.
pp. 548-551.]
Neither of these was presented to the ParUament, because the
Bishopes and Commissioners fearing such things, procured a decree
of CounceU, that nothing should be received concerning the
Church save that which was presented by the Commissioners of
the GeneraU AssembUe. Thus they closed the way from aU their
brethren, that nothing could come from them to the knowledge of
the Estates. The brethren assembled, perceiving that there was
no way but by the Commissioners to have their petitions dehvered,
* This Proclamation is not contained in the MS.
t See this Protestation in Calderwood's History, vol. vi. pp. 485-491. It is sub
scribed by 42 ministers.

554 CERTAINE RECORDS TOUCHING THE
were compeUed to deale with them, who outwardlie pretended an
earnest desire to. concurre with them in aU things concerning the
good of the Church, but nevertheless they refused to dehver their
Protestation, and the Petitions and Griefes of the unprisoned Mi
nisters. Whereupon, Mr Peter Blakburne, Mr Patrick Symson
and Mr WiUiam Cowper, being of a contrarie opinion to the rest,
agried to deliver their afflicted Brethren's Petitions ; which, being
perceived, a new remedie was found by the others to frustrate
their purpose, which was, that nothing should be delivered by any
two or three of the Commissioners, but only by Mr Patrik GaUo
way, their Moderator, as speaker of the whole number. These
three ministers being thus hindered, resolved to labour with Mr
Patrik Galloway, to present the Petitions ; who at length consented
thereto, and to that effect, being come to the place where the
Parliament was keept, Mr James Nicolson entering at that same
time, and hearing of their purpose, stayed Mr Patrik GaUoway
from delivering any such thing, so that nothing at aU of the
ministers affaires came to the knowledge of the Parliament.
The Ministers assembled there for the good of the Church,
finding no other remedie, did penne four Articles, and desired the
Commissioners to dehver them to the Court of Parhament. The
Articles were as foUowes : — *

In this Parhament t was layed the foundation of that antichris
tian tyrannie and overthrow of aU true Christian government in the
House of God, wherein the least part was not the Bishopes and
Commissioners ; who also consented to the erection of seaventeen
Abbacies and Priories, consisting for the most part of tithes, into
temporaU Lordshipes, to such Noblemen and new Lordes as there
by might be brought to consent to these three things required in
Parliament, all three tending to the high dishonour of God, the
bondage of the Church and Kingdome, and utter ruin both of Reli-
* These Articles are not in the M S.
t On tho 11th of July 1606. (Acta Pari, Scot. vol. iv. pp. 281, 361.)

ESTATE OF THE KIRK. 555
gion and Commonwealth. The first was, The King's supremacie
over aU persons in aU causes, a prerogative belonging to none save
Jesus Christ alone, to whom only aU power and aU judgement is
geven of the Father. The second was, The estabhshing of Bishopes,
as hath been said, so that neither the Church nor the kingdome
should be without a note of Antichristianisme, in the highest degrie
repugnant to the royaU dignitie of the Sonne of God. The third
was, A subsidie of 400,000 Markes Scotish, to recompence the
King's losse sustained in erecting the said Bishopes, although it
was not so pretended but for paying of some of his debtes. Thus,
in this Parhament was that solemne Covenant sworne and sub
scribed by his Majestie and the whole Estates openlie violated
and broken by them aU, which cannot passe unpunished of God,
who never suffered the taking of his name in vaine, in such an high
degree, to passe without an open manifestation of his wrath, in
measure answerable to so great a sinne.
About the 20th of August, the forenamed Brethren sent for by
the King, tooke journey to Court, and besides them, four Bishopes
and four Commissioners, for whom also his Majestie had written
secretlie. The going of these two last caused aU good men expect
the lesse good of that voyage. The imprisoned Ministers, for the
fuU discharging of their dutie, thought it expedient to send with
their brethren their Petition to the King, containing a plaine
declaration of their mind in the things then controverted, and of
the wrongs they suffered, and their afflictions; together with a
copie of their Griefes, sent by them to the ParUament. The Peti
tion was as foUowes : —
[See this Petition in Calderwood's History, vol. vi. pp.
563-566.]

556 CERTAINE RECORDS TOUCHING THE

cap. xrv.
THE COPIE OF HIS MAJESTIE'S LETTER TO THE COUNCELL OF
SCOTLAND, CONCERNING THE SENTENCE TO BE PRONOUNCED
AGAINST THE IMPRISONED MINISTERS.
The King's Majestie, having at length resolved touching the
warded Ministers, thought it most expedient not to use them with
all extremitie of punishment, but only to banish them out of Scot
land, and so be rid of them for ever. Whereupon he sent this
letter foUowing to the CounceU : —
" James Rex,
" Whereas in our Justice Court, keept at Linlithgow the 10th
of January last bypast, Mr John Forbes, minister at Awford ; Mr
John Welsh, minister at Air ; Mr Robert Durie, minister at An
struther ; Mr Andrew Duncan, minister at CaraiU ; Mr Alexander
Strauchen, minister at Creich ; Mr John Sharpe, minister at KU-
many ; were convicted of the crime of Treason, for their contemp
tuous and treasonable rejecting the judgment of us and the
Lordes of our Privie CounceU simpliciter, by a Declinator sub
scribed with their hands, and given in by them in judgment before
the said Lords of our CounceU, as in the said process of conviction,
at more length, is contained ; and the pronouncing of the sentence
being by our Lord Justice, upon grave and weighty respects, de
layed tUl our further pleasure were knowen therein : We now,
considering the great insolencie of that proud contempt, and what
dangerous example it might be, if it should passe unpunished,
having, out of our accustomed lenitie, geven to these declared
Traitors more then sufficient time to have implored and made
humble sute for our mercie ; yet finding nothing in them but a
continuing obdured obstinacie and wUfulnes, without Ukehhood or
appearance of amendment or repentence in them, for their former
committed foUies ; and albeit the greatness of their offence, and

ESTATE OF THE KIRK. 557
specially in men of that caUing, whose fives should be lantemes and
fights to others, to carie themselves in aU duty and obedience ;
and therefore their oversights, requiring the more severe animad
version and punishment, hath most justly merited the extremitie
of the rigour of the law to be inflicted upon them, for an example,
to terrifie all others from attempting the like : Nevertheles, be
cause hitherto that law hath never been put in execution, whereby
some men may perhapes pretend that they had the more probable
ignorance thereof, aUbeit, in reason, the same can be no excuse,
We have, of our wonted clemencie, upon that respect only, spared
to umict the rigour of the law at this time ; it being our wUl and
pleasure that our Lord Justice, or his deputies, should appoint and
affix a Justice Court, to be keept at LinUthgow, or any other place
else that you shaU think expedient, upon the 23d day of October
nixt to come, and there cause sentence to be given out against
the said traitors, to be banished out of aU our dominions during
aU the dayes of their naturaU Uves, upon paine of death ; and the
sentence being pronounced, our wUl and pleasure is, that they be
taken backe againe to prison, there to remaine for the space of
one moneth, to prepare \hemselves for their departure ; [before
the expiry whereof, if they do not depart, *] wind and weather
serving, our wUl and pleasure is, that the ordinarie death usuaUy
inflicted upon traitors be directed to be executed upon them ;
and if they shaU not depart within the said space, or being
departed, shaU returne into our dominions without our Ucence,
they shall incurre the paine of death, and aU other paines due to
persons convinced of treason. Wherefore these presents shall
be to our said Lord Justice a sufficient warrand. And because
this, our gentle dealing and great clemencie, extended toward
those above named offenders, in this their so heinous a crime
and offence, may perhaps move in some others some presumption
to think, that for trespasses of this kind no greater rigour could
be hereafter used ; for removing of which their foolish opinion and
* These words are supplied from another copy of this letter.

558 CERTAINE RECORDS, &C.
conceit, and that everie one may take notice of our fuU determi
nation in any such like case hereafter, Our wUl and pleasure is,
that, in our said Lord Justice his court, to be keept the said day
for pronouncing of the said sentence, speciaU intimation be made
in open court, by our said Lord Justice, to aU our Ueges then
present, that it is our resolution, that if any shah hereafter offend
in such an high trespasse, they shall be used with aU severitie,
and that the death due unto traitors shaU be inflicted upon them,
with aU rigour ; the example of this our present lenitie at this time,
never remaining any motive to induce us to shew any such
clemencie to such as shaU commit the hke offence hereafter. And
Our wiU is, that these presents be recorded in the Books of
AdjournaU, and that publication be made hereof at the Market
Crosse of Edenburgh, and aU other places needfull. Geven at
Hampton Court, the 26th of September 1606.
" to his trustie and wel-beloved
Councell of Scotland."
The effect of this Letter was duely fulfiUed,* and the Ministers
being banished out of aU the King's dominions, were dispersed in
divers forreign countreyes ; the particular relation whereof might
perhaps seeme too tedious unto the Reader, and, therefore, I wiU
here make an end of this pitifuU Historic
* That is, at the Justice Court held at LinUthgow, on the 23d October 1606, there
was pronounced a sentence of perpetual banishment, under pain of death, out of aU
the King's dominions. (Pitcairn's Criminal Trials, vol. Ui. p. 503.)

INDEX.

Abbacies annexed to the Crown, 56.
Abbeys according to the First Book of
DiscipUne to be overthrown, 9.
Abbot, Dr George, Bishop of London,
consecrates three Scotch Bishops, 234.
Abbots, 27, 46.
Abercrombie, James, Lord, 149.
Abernethie, John, minister of Jedburgh,
afterwards Bishop of Caithness, 123,
198, 244, blamed for calumny, 305.
Abernethie, Mr Thomas, comes to keep
Aberdeen Assembly after it was dissolved,
136, 396; appears before the Council,
423 ; refuses at first to acknowledge
that Aberdeen Assembly was unlawful,
but afterwards yields, 138, 424.
Absolution, 36,
Adamson, Mr John, minister of Libberton,
126, 243.
Adamson, Mr Patrick, his three sorts of
Bishops, 25 ; presented to the bishoprick
of St Andrews, 40 ; proceedings of the
General Assembly against him, ib. ; is
suspended, 50; sits in ParUament, 51;
bis Declaration of the meaning of the acts
of Parliament 1564, and of the King's
intentions, 52 ; is excommunicated by
the Synod of Fife, 54 ; is delated, 56 ;
endeavours to subvert the Presbyterian
government, 350 ; causes to be torn out
of the Register of the Assembly, acts
made against the estate of Bishops, ib. ;
his poverty and sickness, 59 ; requests
to be absolved from the sentence of ex
communication, which is granted, ib. ;
his recantation and confessions, 59, 352,
383.
Aird, John, 248.
Aird, William, 102.
Alexander, John, 248.
Allan, Mr Andrew, 263.
Andrews, Dr Lancelot, Bishop of Chi
chester, 170, 203.
Angus, Earl of, excommunicated and

banished, 65 ; Church proceedings in
reference to, 90, 202.
Angus, Superintendent of. See Erskine,
John.
Appeal from inferior to superior Church
Courts, 12.
Arran, Earl of. See Stewart, Sir James.
Arbuthnot, Mr Alexander, Moderator of
the General Assembly, 32.
Archdeans, 27, 46.
Argyle, Bishop of, 278.
Argyle, Earl of, 170.
Argyle, Superintendent of. See Carswell,
John.
Arthur, William, 26,248; visits ministers
imprisoned in Blackness, 455.
Assemblies, General, 10 ; held at first twice
in the year, 1 1 ; not moderated by Su
perintendents, 17; Voters in, 18; mat
ters brought before and decided by, ib. ;
part of their business committed to
Synods, 1 8, 19 ; Act of Parliament, 1 592,
ratifying them, 59, 60 ; how often to be
held 61 ; efforts to suppress them, 126.
Assembly, General, an extraordinary one at
Perth, and its proceedings, 89, 90, 356,
357; its difference from preceding As
semblies, 91, 92 ; Questions of the King
to it, 357, 358; he requires it to meet
with the Estates, 358; Protestation of
the ministers in reference to this, 358,
359; General Assembly at Dundee in
1597, and its proceedings, 93, 100-106,
360, 364 ; a Protestation against its law
fulness, 366; Assembly prorogued by
proclamation, 164; again prorogued,
195; again prorogued, 196; again pro
rogued, 197; Assembly at Linlithgow,
201-206, 241; Assembly again delayed,
218; Assembly held at Glasgow in June
1610, whieh overthrows the Presbyte
rian Discipline, 221-232; Proclamation
for ratification of the Acts of that As
sembly, 232; its Act against the liberty
of the Church corrupted, and its rati
fication by Parliament, 237.

560

INDEX.

Assembly, General, held in 1605 at Aber
deen, 131-139; Commisioners chosen for
it, 386, 387 ; they come to keep it on
different days, 387 ; the reason of this,
384, 385 ; a letter of the Council to
the Assembly requiring its dissolution,
388, 389; Assembly's procedure in re
ference to this letter, 390 ; Laureston
protests against the lawfulness of the
Assembly, 390, 391 ; Forbes's counter
protestation, 391 ; Laureston's charge
to the meeting to dissolve, ib. ; which
is dissolved, 392 ; Ministers answer to
the Council's Letter, 394, 395; the
Council ordains letters of horning to
be issued against all who were at the
Assembly, 402 ; Supplication of Minis
ters to Council, 406 ; Ministers who
appeared before the Council, 406, 407 ;
the Assembly condemned by the Commis
sioners of the Church, 407 ; the Ministers
last mentioned imprisoned in Blackness,
ib. ; injustice of the proceedings against
them, 408; these proceedings condemned
by many Ministers from their pulpits,
409 ; Ministers imprisoned in Blackness
brought a second time before the Coun
cil, ib. ; King's " Declaration" refuting
the defence of the Ministers required
to be read from the pulpits, which is re
fused, 410 ; King's Questions to be pro
posed to the Ministers, 410, 411 ; the
Lord President sends a deputation to
them and their answer to it, 412,413;
they compear before the Council, 414;
their answers to the King's Questions,
414, 415 ; are sent back to prison
416; Declaration of their Proceedings
for clearing their innocence to the
King, 418 ; other ministers concerned
in the keeping of Aberdeen Assem
bly are brought before the Council, 423 ;
a few of them confess the unlawfulness of
that Assembly, and are sent home, 424 ;
others remain constant and are imprison
ed, ib. ; Supplication given in to the Coun
cil in behalf of the ministers imprisoned
in Blackness, 424, 425 ; the King, Coun
cil, Bishops and Commissioners of the
Church all unite against the Ministers,
426 ; the design of the Court to bring
them to a trial, 427 ; they are summoned,
428 ; their Supplication to the Council,
429 ; they decline the authority of tho
Council in Ecclesiastical matters, 151,
432, 434 ; attempts to bring them to
satisfy his Majesty and their offers,
which are refused, 437, 438; their

Petition to the Council, 439 ; three sup
plications presented in their behalf which
are refused, 440 ; Petition prepared by
Mr William Scot to be sent to the King
in their behalf, 440-44 2 ; Mr Hall speaks
publicly against them, 443 ; letter of the
Ministers in Blackness to the Presbytery
of Edinburgh in their own vindication,
ib. ; the Ministers there send another
Petition to tbe Council, 444, 445 ; the
Presbytery of Edinburgh resolve to send
to the King the petition prepared by Mr
Scot as their own, 446 ; ihe Ministers in
Blackness send a Petition to the King,
447-449 ; they also send a Petition to
the Council, 449-451 ; Mr Forrester
sent to them to desire them to acknow
ledge an offence, 452 ; their answer, ib. ;
put to a trial by jury, 148, 149, 452,453;
reason why the Court was not held at
Edinburgh but at Linlithgow, 454 ; en
deavours to make them acknowledge a
fault, 454, 455 ; visited by various of
their brethren, 455 ; are conveyed from
Blackness to Linlithgow, 455, 456 ; find
many of their brethren at Linlithgow,
who accompanied them to the bar, 149,
455, 456; means used to induce them
to take back their Declinature, and the
Ministers answers, 456-461; the Minis
ters resolution not to take back their
DecUnature approved of by their brethren
at Linlithgow, 461, 462 ; Lords of Privy
Council who assist the Lord Justice at
the trial, 463 ; the Ministers arraigned,
463, 465; the libel, 466, 467; their
Advocates defences, and answers of the
Lord Advocate, 467-472 ; the Ministers
explain before the Court the meaning
and amount of their Declinature, 473,
474, 475 ; interlocutor of the Lord Jus
tice for their passing to trial by jury,
475; Lord Holyroodhouse and John
Preston, CoUector, dissent from it, ib. ;
names of the jury, 476 ; Lord Advocate's
address to the jury, 477-479; speeches
of Forbes and Welsh at the bar, 480-
492 ; effects of these speeches, 492, 493 ;
the Ministers are desired to lift their De
clinature that the process might stop,
which they refuse to do, 494 ; tbe jury
threatened, ib. ; a verdict of guilty re
turned, 495 ; names of the jury who
condemned and of those who absolved the
Pannel, ib. ; pronouncing of the sentence
delayed till the King's pleasure should be
known, 155, 496 ; method taken by the
King, after their conviction, to accom-

INDEX.

561

to acccomplish his designs, 155; illegality
of the procedure, 154; effects of the ver
dict returned on the Lords, 496 ; beha
viour of the Ministers, ib. ; effects of the
proceedings throughout the country,
498, 499 ; the King resolves to try other
eight Ministers, 503 ; against which he
is dissuaded by the Council, ib. ; deputa
tion sent to the Ministers by the Lord
Comptroller and the Ministers' answer,
506, 507 ; they send a letter to the
King with Mr William Irving, 508 ;
the Council's proclamation, prohibiting
Ministers from publicly condemning the
proceedings against the condemned
Ministers, 514, 518; Grievances of the
Synod of Lothian and Tweeddale in re
ference to this Proclamation, 519, 520;
the Proclamation without effect, 522 ;
the Letter of the Minsters of the
French aud Flemish Churches in Lon
don to the Presbytery of EdinBurgh,
respecting the imprisoned Ministers,
156, 525-531 ; the Ministers answer,
532 ; their Petition to the Estates of
Parliament, 553 ; King's Letter to the
Council as to the sentence of banish
ment to be pronounced upon them, 555-
557; they embark at Leith, 178; the
Convention at Linlithgow lay upon the
Ministers themselves the blame of their
banishment, 183 ; falsehoods and mis
representations of a tract, entitled
" Declaration," &c, published by the
Council in vindication of their proceed
ings against the Ministers, 385, 386,
996-400, 465, 522, 523.
Assembly, General, held at Aberdeen in
1616, the real and pretended reasons
for holding it there, 240, 241 ; its pro
ceedings, 241-245.
Athol, Earl of, 29.

Balcanquhall, Mr Walter, protests against
the Acts of Parliament of 1584, 51,
153 ; withdraws to England, 52 ; ap
pointed to meet with the Council of the
Kirk, 69; publishes from the pulpit
the proceedings between the King and
the Octavians, 83 ; confesses his fault
in being incredulous of the King's state
ments as to tho Gowrie Conspiracy, 116;
the King's determination to have him
transplanted, 120; his interview with
the Lord ChanceUour after the meet- 2

ing of Aberdeen Assembly, 402, 512,
540, 548, 549 ; his sympathy with the
Ministers imprisoned for holding that
Assembly, 409, 540.
Balfour, Andrew, 249.
Balfour, Mr James, appointed to meet
with the Council of the Kirk, 69 ; col
league of Robert Bruce, 106 ; admits
his fault in being incredulous of the
King's statements as to the Gowrie con
spiracy, 116; the King's determination
to have him transplanted, 120; is sum
moned to Court, 165, 194, 552; sub
scribes roll of June 1617, 248; his in
terview with the Lord Chancellor after
the meeting of Aberdeen Assembly, 402,
512, 540, 548, 549 ; his sympathy with
the Ministers imprisoned for holding
that Assembly, 409, 442.
Ballenden or Bannatyne, Adam, minister
of Falkirk, 123 ; attends the trial of the
Ministers at Linlithgow, 148, 456 ; be
comes Bishop of Dunblane, 180, 205,
239, 263, 278.
Balmerinoch, Lord, Secretary to King
James VI., and President of College of
Justice, 67, 83, 110, 149, 152; sup
posed to be opposed to the Estate of
Bishops, 426 ; sends a Minister to the
Ministers imprisoned in Blackness, to
desire them to acknowledge a fault in
holding Aberdeen Assembly, 451 ;
afraid to proceed against them, 452 ;
rejoices at their conviction, 496 ; Bi
shops jealous of, 501; intrigue against,
501. 502.
Baptism, private, 244.
Barclay, David, minister of St Andrews,
sentence pronounced against him in the
High Commission, 281 ; subscribes
Protestation against Perth Articles,
292 ; gets access to the Parliament
where the Articles were to be ratified,
295 ; protests against the Act of Par
liament ratifying these Articles when
proclaimed at the market cross of Edin
burgh, 298.
Barlow, Dr WiUiam, Bishop of Rochester,
170.
Basilicon Doron, 110.
Bell, Mr John, minister of Cather [Cal-
dcr], attends the trial of the Ministers
at Linlithgow, 456.
Bellarmine, Cardinal, 203.
Beza, Theodore, his opinion of the office
of Bishops, 26, 27 ; his Treatise of
Divine, Human, and Satannical Episco
pacy, 42.
N

562

INDEX.

Biggar, Mr Thomas, Reader at Kinghorn,
cited to appear before the High Com
mission for not subscribing the Articles
of Perth, 299.
Binning, Lord. — See Hamilton, Sir Tho
mas.
Birnie, Mr William, minister of Lanark,
afterwards at Ayr, 211, 244; attends
the trial of the Ministers at Linlithgow,
456.
Bishops, their office not considered by the
Scotish Reformers of Divine appoint
ment, 5 ; manner in which Bishops en
tered their usurped office, 7 ; Bishops
and Archbishops to be subject to the
General Assembly, 22, 23 ; acts for re
straining the power of Bishops, 30, 31;
laws concerning their election, 33 ; de
lations against, ib.; report of Assembly's
Committee as to the Divine authority
of Bishops as then existing in Scotland,
33, 34 ; this report approved of by the
General Assembly, 35 ; Bishops re
quired to take the charge of a particular
congregation, 35, 37 ; Acts of General
Assembly with regard to, 37, 38 ; office
condemned simpliciter by act of Assem
bly, 38, 39, 347 ; Assembly's Cautions
as to Bishops not observed, 130; the
Cautions desired to be inserted in the
Act of Parliament to be made, confirm
ing the Estate of Bishops, 157 ; Pro
testation given in to the Lords of Articles
against the restoration of the Estate of
Bishops, 159 ; Act of Parliament re
storing it, 163; the Bishops efforts to
carry forward their measures, 199 ;
they grow more powerful, 216 ; Scottish
Bishops consecrated, 234, 235 ; the
Bishops become more intolerant, 240 ;
double power possessed by, ib. ; their
visitation of Kirks, 242 ; some of them
non resident, 326 ; Act of Parliament
in 1633 intended to ratify acts made in
favour of the Estate of Bishops, 338.
Bishops, three Popish, who professed the
Reformed religion, 15 ; had no power
to exercise jurisdiction by virtue of their
old office, 16 ; appointed to act as Com
missioners in their own bounds, ib. ;
complaints and proceedings against, 16,
never chosen to moderate at the Gene
ral Assembly, 17.
Bishops of England, General Assembly's
letter to, in favour of the brethren who
were troubled on account of the sur
plice, 19.
Bishopricks annexed to the Crown, 56.

Black, Mr David, Minister of St An-
drews, appears before the Council and
declines their authority in ecclesiastical
matters, 71, 72; this considered a com
mon cause by the Church, 72, 75, 79 ;
his Declinature sent to every Pres
bytery and numerously signed, 72 ;
again summoned to appear before the
Council, 73; new Declinature, 74; his
courage, wisdom, and utterance before
the Council, 75 ; the King wishes him
to confess an offence, which he refuses,
76 ; is willing to submit the matter to a
lawful ecclesiastical court, 77 ; the
libel against him found proven, ib. ;
pujiishtnent the King intended to inflict
upon him, 76; speeches said to have
been uttered by him against the King,
ib. ; is banished, 79, 90 ; Synod of
Fife appoint some of their number to
deal with the King to restore him to
his" own place, 87 ; suffered to return
to St Andrews, 92 ; removed from
St Andrews by the Commissioners of
the Church, 95, 361 ; this approved of
by the Assembly at Dundee, 364.
Black, William, 248.
Black Saturday, 100.
Blackburn, Mr Archibald, minister of
Aberdeen, a member of Aberdeen As
sembly, 128, 133, 387, 393 ; appears
before the Council, 138, 423 ; is in
duced to confess the unlawfulness of
that Assembly, 138, 424.
Blackburn, Mr Peter, Bishop' of Aber
deen, 58, 100, 112, 116, 123, 128,
553.
BlackhaU, Mr Andrew, 126.
Blyth, Mr Henry, minister of the Can-
ongate, Edinburgh, 248 ; committed
prisoner to the Castle of Blackness,
409 ; continued in prison notwithstand
ing a warrant from the King for his re
lease, 420 ; released from prison, 437.
Brodie, Mr Gilbert, a minister of Orkney,
103.
Book of Common Prayers, 243, 245.
Boyd, Mr Andrew, Bishop of Argyle,
123.
Boyd, Mr James, accepts the Bishoprick
of Glasgow, 29 ; Moderator of the
General Assembly, 32 ; delated for in-
frequency of preaching, 39 ; his death,
49.
Boyd, Mr Robert, admitted Principal of
the University of Edinburgh, 806 ; op
position made to him by the ministers
of Edinburgh, 307.

INDEX.

563

Brand, Mr John, minister of Holyrood-
house, 30.
Brown, Mr Gilbert, a seminary priest,
apprehended and committed to Edin
burgh Castle, 422 ; released from pri
son, 436.
Bruce, Mr Edward, Commendator of
Culross, 356.
Bruce, Mr Robert, appointed to meet
with the Council of the Kirk, 69 ; ap
pointed to present certain articles to
the King and Council, 74 ; refuses
farther communing with the King tiU
the Commissioners of the General As
sembly be recalled, 82 ; his exhortation
in reference to swearing in defeflcc of
religion, 83 ; his interview with the
King, 83 ; his advice to the people,
84; reasons against ministers having
vote in ParUament, 102; urged with
imposition of hands which he refuses,
106; his doubts in reference to the
alleged Gowrie conspiracy, 116 ; his
banishment from Edinburgh, 123; com
mitted to ward in Inchgarvie, 409 ; his
death, 124.
Buchanan, George, 13.
Buchanan, Mr Thomas, 91, 93, 101, 107.
Buckridge, Bishop, 170.
Bullinger, his Treatise touching the Ap
parel of Preachers, 19.
Burnet, James, 248.

Caithness, [Robert Stewart] Popish Bishop
of, embraces the Protestant religion, 15;
appointed Commissioner of Caithness,
16 ; assists in the admission of John
Douglas as Bishop of St Andrews, 25.
Caithness, Bishop of. See Forbes, Alex
ander.
Calderwood, David, the Historian, 198,
248-250.
Campbell, Mr Neil, Bishop of Argyle, 58.
Canons, Ecclesiastical, 243, 245.
Caprintoun, Laird of, 48.
Carmichael, Mr James, 51, 233, 234.
Carmichael, Mr John, 102, 116, 123;
attends the trial of the ministers at
Linlithgow, 155, 456, 462 ; commis
sioned by the Lord Comptroller to visit
the Ministers imprisoned in Blackness,
506 ; summoned to Court, 165 ; per
mitted to return home, 194, 198 ;
Bishops opposed to his having liberty to
attend the General Assembly, 201, 205 ;
2

his reasonings at a meeting called by
Spottiswood at St Andrews, 271.
Carnegie, Sir David, afterwards Earl of
Southesk, 67.
Carswell, John, Superintendent of Argyle
and the Isles,-6 ; rebuked by the General
Assembly, 17.
Cartwright, Mr, his remarks on funeral
sermons, 4.
Cathedral Kirks, 46.
Cathkine, James, warded in Caithness,
280, 308.
Ceremonies, Views of the first Reformers
as to, 9.
Cesfurd, Laird of, 85.
Chalmers, George, 248.
Chalmers, John, 248.
Chancellor, Lord, Alexander Seaton. See
Dunfermline, Earl of.
Chancellors, 27, 46.
Chanters, 46.
Chapters, 22-24, 27, 33, 46, 163, 246.
Charles I., hopes of redress of Grievances
on his Accession to the Throne, 313 ;
shows his determination to proceed in
the same course with his Father, 313,
314; sends a direction to the Council
of Edinburgh that none should be chosen
as magistrates but such as were con
form, 314 ; requires the Lords of Session
and others to communicate in his chapel,
ib. ; some Bishops and ministers go to
him to consult about kirk rents and
ministers stipends, 315 ; Scot's re
marks on this, 315, 316 ; other Commis
sioners associated with the above, 316 ;
grievances given in to Charles, 321-326;
grievances to be presented to him and
the Estates of Parliament, 330-334;
supplication presented to him, 335.
Cheisly, John, 248.
Christison, Mr William, minister of Dun
dee, 12 ; Moderator of the General As
sembly, '17.
Clapperton, John, 123.
Cock, Mr William, 12.
Cockburn, Sir John of Ormiston, 356.
Cockburn, Sir Richard, 149.
CoUace, Francis, 248.
College Kirks, 24.
Colt, Mr Adam, 126 ; summoned to
Court, 165, 194, 552.
ColvUle, Mr Robert, minister of Culross,
248 ; visits the Ministers imprisoned in
Blackness, 455.
Commendators, 46.
Commissioners for Provinces, occasion of
their appointment, 10; nature of their
N 2

5G4

INDEX.

office, ib ; difference between them and
superintendents, 1 1 ; their power limit
ed, ib.
Commissioners to the General Assembly,
law as to their number, 106.
Commisioners of the General Assembly
meet at Edinburgh, 69 ; charged by au
act of Privy Council to depart out of
town, 74; this charge proclaimed, which
they obey, 80 ; Robert Bruce refuses
farther communing with the King till
they be recalled, 82.
Commissioners, or commission appoint
ed to sit with the King about Church
affairs, 94 ; the needle which drew
in Episcopacy, 94, 95, 361, 373, 383;
they petition Parliament in name of the
Kirk, that ministers may have vote in
Parliament, 96, 362 ; receive more am
ple powers, 101 ; carry forward the
wishes of the King, 116, 117, 363, 365,
372 ; their usurpation complained of,
,129, 130; opposed to the meeting of
Aberdeen Assembly, 131.
Communicating, or observing the Lord's
Supper in private, 252.
Comptroller, Lord. See Scoonet Lord.
Confession of Faith, first Confession rati
fied in Parliament, 4 ; its doctrine con
cerning ceremonies, 9 ; second Confes
sion of Faith, subscribed by the King
and his household, 46, 347 ; approved
of by the General Assembly, 47 ; the
subscription of it enjoined, ib. ; sub
scribed in 1590, by persons of all ranks
a second time, 56 ; Act of the Presby
tery of St Andrews as to subscription
of, 166 ; a new Confession drawn up,
243 ; which is intended to set aside the
old one, 245.
Constant Moderators of Presbyteries and
Synods, 164, 183, 184; the Synod of
Perth refuses to accept of a constant
Moderator, 185, 186 ; Act of Assembly
at Linlithgow in regard to Constant
Moderators and its adulteration, 185,
187-193, 241 ; opposition to them in
the Synod of Fife, 187; in the Synod
of Lothian, 188; in the Synod of Merse
and Tweeddale, ib. ; and in other
Synods, ib. ; attempt to settle them in
Presbyteries, 196.
Constant Platt, 94, 101, 121, 122.
Convention at Leith, claims the power of
a General Assembly, 2 1 ; appoints Com
missioners to meet with Commissioners
of the Council, 22 ; proceedings of these
combined Commissioners, 22-24 ; Ge

neral Assembly appoints a committee to
sit with Knox to revise and consider the
conclusions of that Convention, 26 ; Ge
neral Assembly disapproves of the pro
ceedings of that Convention, 27.
Convention at Linlithgow, 177-185; its
act with regard to Constant Moderators,
185, 187 ; fruit of this Convention, 188.
Convention at Falkland 199-201.
Cornwall, Mr Robert, 499.
Council of the Kirk. See Commissioners
of the General Assembly.
Covenanting takes place in 1596, 66; re
solution to engage in, 84.
Cowper, Mr WUliam, minister of Perth,
afterwards Bishop of Galloway, 68 ; bis
sermon before the Estates of ParUament,
158; his letter to the Bishop of Dun
blane, 194 ; member of Privy Confe
rence, 205 ; reports the King's approval
of the Assembly at Linlithgow, 206 ;
his opinion of the Assembly at Glasgow
of 1610, 232; in a sermon sets at nought
the ancient order of the Kirk, 260 ;
preaches in the royal chapel, 254 ; his
death, 238.
Craig, Mr John, 13 ; Moderator of the
General Assembly, 17, 22, 33, 347.
Craig, Mr Thomas, Advocate for the
Church, 149, 453, 464, 493.
Cranstoun, Mr MitcheU, minister of Cra-
mond, visits the Ministers imprisoned in
the Castle of Blackness, 455.
Cranstoun, Mr William, 188.
Cubiculars, 83, 84.
Cunningham, Daniel, 278.
Cunningham, Mr David, Bishop of Aber
deen, endeavours to subvert the Presby
terian government, 350 ; castrates the
Assembly's Register, 351.

Davidson, Mr John, minister of Libber-
ton and afterwards of Prestonpans,
51 ; effect of his exhortations, 66 ;
his letter to the General Assembly,
93 ; his opposition to Ministers voting
in Parliament, 99, 102, 103; his Pro
testation against the lawfulness of the
Assembly at Dundee of 1597, 104,
366 ; which is refused to be inserted
in the Assembly's Register, 366 ; his
letter to the Assembly which met at
Burntisland in 1601, 1 18, 1 19 ; the King
refuses to grant him relief from his con
finement, 124, 126.

INDEX.

565

Davidson, Mr William, minister of
Rathen, member of Aberdeen Assembly,
133, 387, 3931 appears before the
Council, 423 ; is induced to confess
the unlawfulness of Aberdeen Assem
bly, 424.
Deans, 27, 46.
Dickson, Mr David, minister of Irvine,
threatened by the Bishop of Glasgow
for his opposition to Perth Articles,
299 ; appears before the High Commis
sion, by which he is banished to Turriff,
300-302 ; goes to Turriff, 302 ; his De
chnature, 303, 304.
Dickson, Mr John, merchant, Edinburgh,
charges Mr William Forbes with speak
ing in his sermons in favour of Popery,
307 ; summoned to compear before the
Lords of Council, 308 ; ordained to
enter into the jail of Edinburgh, 309 ;
deprived of his office as elder, 311 ;
promises to communicate according to
Perth Articles, ib. ; ordained to re-enter
the jail of Edinburgh, 312; released,
ib. ; the King's death puts an end to his
trouble, 313.
Dickson, Mr Richard, 126 ; cited to ap
pear before the High Commission for
his opposition to kneeling at the Lord's
Supper, 268.
Discipline, First Book of, ministers who
drew it up, 4 ; treatment it received
when presented to the Lords, ib. ; is
rat'Sed by act of Council, 4, 347 ;
registered in Books of Assembly, 347 ;
not intended to be strictly observed in
all time coming, 5.
Discipline, Second Book of. See Policy.
Discipline of the Kirk, King's Questions
concerning, 87 ; Synod of Fife ordain
its Presbyteries to appoint Commission
ers to meet for answering them, 87 ;
answers resolved on, 88.
Dounam, Doctor, 201.
Douglas, Mr Alexander, Bishop of Mur
ray, 101, 112, 123, 381.
Douglas, George, minister of Cullen, 244.
Douglas, Sir James, 149.
Douglas, Mr John, one of those appointed
to draw up the First Book of Discipline,
4 ; presented to the Bishoprick of St
Andrews, 20 ; inhibited to vote in Par
liament in name of the Kirk, ib. ; Knox
refuses to inaugurate him Bishop of St
Andrews, 25 ; admitted by the Super
intendent of Fife, ib. ; still continued
Rector of the University and Provost
of the New College, 26 ; unqualified

through age for so many charges, ib. ;
delated for various causes, 28 ; his
death, 29.
Douglas, William, 248.
Drummond, Mr Ninian, attends the trial
of the Ministers at Linlithgow, 456.
Dunbar, Earl of, a cubicular, 83; sent
down from Court to try six of the Mi
nisters who held Aberdeen Assembly,
148, 149, 152 ; sent down by the advice
of the Chancellor and Lord President,
453 ; endeavours to bring the Ministers
to confess a fault, 454 ; Forbes's speech
to him at the bar, 490-492 ; his joy at
the conviction of the Ministers, 496 ;
determines to be revenged on the Chan
cellor and President for being sent on
that errand when he perceives how un
popular it made him, 498, 499, 513,
514 ; sits on the trial of the Chancellor,
157, 545 ; wishes to acquit the Chancel
lor, upon perceiving that such was the
King's desire, 547 ; is again at Court,
165, 167, 170, 171, 179, 184, 188,
200, 211, 224; his death, 235.
Dunbar, Mr George, minister of Ayr,
248, 300 ; his boldness before the High
Commission, 303, his Declinature, 303,
304.
Duncan, Mr Andrew, minister of Crail, a
member of Aberdeen Assembly, 133,
387, 392 ; goes to visit Forbes when
imprisoned, 404 ; appears before the
Council, 137, 407; sent prisoner to
Blackness, ib. ; declines the Council's
authority in Ecclesiastical matters, 140;
put to the trial of a jury, 148 ;
banished, 556, 558; cited to compear
before the High Commission, 269 ; de
prived and warded, 270 ; after his sen
tence gives in an admonition, ib.; presents
a Supplication of some Ministers to the
Clerk of Register, 282, 283 ; is brought
before the Council, 284 ; his letter to
the Bishop of St Andrews, 305 ; the
Bishop's answer to it, 306.
Duncanson, Mr John, 32, 102.
Dunfermline, Alexander Seaton, Earl of,
Lord Chancellor, one of Octavians, 67,
83; his interview with John Forbes
previous to the meeting of Aberdeen
Assembly, 385 ; breach of his promise
to Forbes, 388, 389 ; his interview with
Welsh, 401, 402; and with Messrs Bal
four and Balcanquhall, 402, 403; his
connection with the prosecution of rhe
Ministers for holding Aberdeen Assem
bly, 152, 420, 451, 452, 496; suspected

566

INDEX.

by the Bishops, 426, 501 ;' intrigue to
displace him, 501, 502, 538-544; his
trial, 568.
Dunkeld, Bishop of. See Paton, James.
Durie, John, minister of Edinburgh, 33.
Durie, Mr Robert, minister of Anstruther,
a member of Aberdeen Assembly, 133,
387, 392 ; goes to visit Forbes when
imprisoned, 404 ; compears before the
Council, 137, 407 ; commanded to
enter himself prisoner in the Castle
of Blackness, ib. ; declines the authority
of the Council in Ecclesiastical matters,
140; put to the trial of a jury, 148;
banished, 556, 558.
Dykes, Mr John, 110, 188, 455.

E

Earls, the forefaulted, complaints of the
Kirk in reference to, 66 ; danger arising
from their return, 69 ; controversy
between the King and the ministry re
specting them, 81, 82, 85.
Echlin, Mr Robert, minister of In verkei th
ing, visits the Ministers imprisoned in
Blackness, 455.
Edinburgh, Ministers of, eharged by the
King and Council to depart out of Edin
burgh, 115; their places declared vacant
by the Commissioners of the General
Assembly, 116; the King declares their
Churches must be open to all the
Bishops, 217; dispute between them
and their congregations in reference to
the celebration of the Communion at
Easter, 267 ; they endeavour to incense
the King against their people, 268;
complain of the deprived and silenced
Ministers entering the city, 31Q; sup
plicate the King to dispense with obedi
ence to the act of kneeling at the Lord's
Supper, 319.
Edinburgh, the people of, opposed to the
Bishops, 157; supplicate the King to
allow the Sacrament of the Supper to
be celebrated as before the Perth Arti
cles, 319.
Edinburgh, tumult in, 355.
Election of Ministers, to be in the congre
gation according to the First Book of
Discipline, 8 ; mode of trial previous
to induction, 8.
Elpbingston, Alexander, Lord, 149.
Elphingston, Sir James, one of tho Sena
tors of the College of Justice. See Bal-
merinoch, Lord.

England, 300 Ministers there suspended,
deprived or excommunicated, 125.
Episcopacy ratified in England, 1 25.
Errol, Earl of, excommunicated and ba
nished, 65 ; returns, 68 ; Church proce
dure with, 90, 202, 207 ; is set at liber
ty, 235.
Erskine, John, Laird of Dun, Superintend
ent of Angus and Mearns, 6 ; his letter
to the Earl of Mar, 20 ; deprives the
Principal and Regent of Old Aberdeen
College of their offices, 14, 22 ; is Mo
derator of the General Assembly, 32.
Erskine, Mr WUUam, minister of Demno,
232, 243, 244, 281, 379.
Estate, Third, Ministers denied to be such
by the Reformers, 9 ; Knox's opinion, ib.
Excommunication, 36.
Excommunication. Treatise of, 13, 14.
Exhorters, 5, 12; ignorant and immoral
persons said to be admitted as, 13 ; their
office declared by the Assembly not to
be an ordinary ecclesiastical office, 39.

Fairfoul, John, minister of Dunfermline,
107 ; confined to Dundee on account of
his praying for the banished and impri
soned Ministers, 217.
Fairholme, or Ferme, Mr Charles, minis
ter of Fraserburgh, a member of Aber
deen Assembly, 133, 387, 393 ; appears
before the Council, 137, 423; declines
tbe Council's authority in Ecclesiastical
matters, 140; refuses to acknowledge
the unlawfulness of Aberdeen Assembly,
424 ; imprisoned in the Castle of Down,
138, 424. .
Ferguson, Mr David, Moderator of the
General Assembly, 32 ; his opposition to
ministers having vote in Parliament, 99.
Ferguson, Mr John, minister of Ochiltree,
cited to compear before the High Com
mission, 278 ; his DecUnature, 279, 280.
Ferme. See Fairholme, Charles.
Fife, Superintendent of. See Winram.
Fife, the Synod of, 138; discharged to
meet, 186; attempt to make Archbishop
Gladstanes Moderator of, 187; Grie
vances of, given in to the General As
sembly, 370, 371 ; the Ministers of the
North send commmissioners to, 379.
Fleming, John, Lord, 167; is gained over '
by Spottiswood to join with him in dis
gracing the Chancellor, 502, 513 ; sits
on the trial of the Chancellor, 545.

INDEX.

567

Fleming, John, merchant in Edinburgh,807.
Forbes, Alexander, Bishop of Caithness,
afterwards Bishop of Aberdeen, 123,
242, 381.
Forbes, Mr John, minister of Alford, sent
by the Synods of Aberdeen and Murray
as Commissioner to the King, in refer
ence to their proceedings against the
Earl of Huntly, 382; his favourable
reception, ib. ; promises to the king to
endeavour to promote the peace of the
Church, 383; his interview with the
Lord Chancellor previous to the meeting
of Aberdeen Assembly, 385 ; the Chan
cellor's breach of promise to him, 388,
390 ; a member of Aberdeen Assembly,
133, 387, 392 ; chosen Moderator, 134,
388; testimony given by the Lord
Chancellor to his fidelity, 402 ; comes
from the North to Edinburgh, 403 ;
summoned before the Council, 136, 403;
committed prisoner to the Castle of Ed
inburgh, 404 ; accused by the Chancel
lor of breach of promise to him, 405,
406 ; removed to the Castle of Black
ness, 137, 406 ; appears before the
Council, 139, 414; put to the trial of
a jury, 148; his speeches at the bar, 153,
154, 480-484, 488-492; Forbes and
Welsh considered most hopeless, 418,
426, 497 ; Forbes writes to the King
with regard to the interview between
him and the Lord Chancellor, 512 ; pro
ceedings against the Chancellor in con
sequence of that interview, 512-514,
538-551.
Forbes, Lord, 83, 85.
Forbes, Patrick, Laird of Corse, expresses
his readiness to accept of the Bishoprick
of Aberdeen, 254 ;' his opinion as to
Perth Articles, 294.
Forbes, Mr WiUiam, minister of Edin
burgh, charged with preaching in favour
of Popery, 307, 308.
Forbes, Mr William, minister of Kinbethok,
a member of Aberdeen Assembly, ) 33,
387, 392 ; appears before the Council,
423, 138; refuses to acknowledge the
unlawfulness of Aberdeen Assembly,
138, 140, 424, imprisoned in the Castle
of Stirling, 138, 424.
Forrest, Alexander, 248.
Forrest, Sir John of Carden, one of the
jury in the trial of the Ministers for
holding of Aberdeen Assembly, 476 ; his
remorse for the part he took in this, 532.
Forrester, Mr Andrew, minister of Dun-
fermlino, 451.

French, James, 249.
Funeral Sermons, discountenanced by the
First Book of Discipline, 4, 9.

Galloway, Mr Patrick, 51 ; protests
against the permission granted to the
Earl of Huntly to return, 67 ; sent as
Commissioner to the King to Falkland,
68 ; appointed to meet with the Council
of the Kirk, 69; commissioned to the
King, ib. ; bis freedom with the King,
71 ; appointed to present certain
articles to the King, 74 ; desired by the
King to come to Linlithgow, 87 ; his
pains as to answering the King's Ques
tions respecting the discipline of the Kirk,
88, 102 ; sends a copy of the Conference
at Hampton Court to the Presbytery of
Edinburgh, 125; written to when at
Court by the Presbytery of Edinburgh,
127 ; Moderator of the General Assem
bly, 133, 135, 142; Commissioner of
the General Assembly, 136, 377, 379,
384, 387, 403, 501 ; his sermon in
time of Parliament, 158; desired to
preach at the Convention of Linlithgow,
180; a member of Privy Conference,
205 ; appointed to assist in drawing up
a catechism, 243, 244 ; dissuades the
King from setting up the statues of the
twelve Apostles in the Royal Chapel,
246 ; doubtful part of his conduct, 247 ;
subscribes the roll of June 27, 1617,
248 ; acknowledges to the King his
fault in doing so, 251 ; his advice in
regard to private communicating, 252 ;
inveighs against the people for the few
ness of his hearers on Christmas day,
267.
Galloway, Popish Bishop of. See Gordon,
Alexander.
Galloway, Bishop of, 278.
Garden, Mr Gilbert, Moderator of the
General Assembly, 17.
Geneva, The Kirk of, King James expresses
his preference of the Kirk of Scotland
to, 57. See Order.
Gibb, James, 152.
Gladstanes, George, Archbishop of St
Andrews, 58 ; admitted minister of St
Andrews, 95, 361 ; a member of the
Commission appointed to sit with the
King, 101, 102, 107, 112; nominated
to vote in Parliament, 116; chaUenged by
the Synod of Fife for sitting inParliament,

568

INDEX.

117; becomes Bishop of Caithness, 123,
126 ; sent for to Court, 166, 167 ; made
Archbishop of St Andrews, 186, 187,
194, 381 ; opposition of Mr John
Murray, minister at Leith, to him, 197,
205; goes to Court, 217 ; commission
given to him to hold two courts of High
Commission, 218; holds a Diocesan
Synod, 232 ; intends to hold a Diocesan
Synod of Lothian in Haddington, 233 ;
is declined by the Presbytery of Had
dington, ib. ; is consecrated at St
Andrews, 235 ; his letter to the King,
236.
Glammis, Patrick, Lord, 149.
Glasgow and the West, Superintendent of.
See Willock.
Glencairn, Earl of, 170.
Goodman, Christopher, minister of St
Andrews, 12.
Gordon, Mr Alexander, Popish Bishop of
Galloway, embraces the Reformed reli
gion, 15; seeks to be appointed Super
intendent of Galloway, ib. ; appointed
Commissioner of Galloway, ib. ; delated,
1 6 ; proceedings against, 1 7 ; discharged
to exercise any function in the Church,
29 ; submits to the Church and is partly
restored, 30.
Gordon, John, of Buckie, 242.
Government of the Church, Presbyterian
form of, adopted by the first Scottish
Reformers, 47.
Gowrie, Earl of, 50, 115.
Graham, Mr George, Bishop of Dunblane,
58, 123, 130; succeeds to the Bishop
rick of Orkney, 239.
Gray, Mr Thomas, one of the Advocates
who defended the cause of the ministers
imprisoned for Aberdeen Assembly,
149, 152,453,464.
Greig, Mr James, minister of Colmonell,
comes to Aberdeen Assembly after it is
dissolved, 136,396; appears before the
Council, 137, 423 ; refuses to acknow
ledge the unlawfulness of Aberdeen
Assembly, 138, 424 ; imprisoned in the
Castle of Dumbarton, 138.
Grier, Mr George, minister of Hadding
ton, 248, 256.
Grievances of Presbyteries against the
Commissioners of the General Assem
bly, 100; Grievances agreed upon by
the Synod of Fife to be presented to
the General Assembly at Holyrood-
house 1602, 120, 121,370-372; Grie
vances of the Synod of Lothian and
Tweeddule presented to the Council,

519, 520 ; tbe Chancellor's answer to
them, 521 ; Grievances of the eight
Ministers at the Court in London, 176;
Grievances given in to Charles I., 321-
326 ; Grievances given in to the Con
vention of Estates in 1630, 327 ; are
supported by several noblemen, 328;
Grievances in May 1633 to be presented
to the King, 330-334.
Guild, WiUiam, 248/
Gunpowder Plot discovered, 439.

Haddington, Earl of. See Hamilton, Sir
Thomas.
Halket, Sir Robert, 138.
Hall, Mr John, minister of Edinburgh, his
admission of error in connection with the
Gowrie conspiracy, ] 16 ; a secret ad
vancer of the King's interest, 116, 117,
200, 359 ; earnestly dealt with by the
Synod of Fife to write to the King for
hastening a General Assembly at Aber
deen, 127, 424 ; joins with the Privy
Council in proceedings against the Minis
ters who kept Aberdeen Assembly,
403, 406 ; refuses to subscribe a peti
tion to the King in favour of the im
prisoned Ministers, 442 ; speaks pub-
Uckly to their prejudice, 443, 449 ; has
a hand in drawing up certain articles
favourable to Bishops, to be proposed
to Synods, 501 ; accepted as Constant
Moderator by the Presbytery of Edin
burgh, 184; a member of Privy Con
ference, 205 ; obtains a pension from the
Crown, 224, 268 ; appointed to assist in
drawing up a catechism, 243, 244 ; dis
suades the King from setting up in the
royal chapel the images of the twelve
apostles, 246 ; subscribes the roll of
June 27, 1617, 248; acknowledges to
the King his fault in doing so, 251.
Hamilton, Gavin, appointed one of the
Commissioners to sit with the King,
101, 123; made Bishop of GaUoway;
381, 156, 206 ; sent up to Court, 207 ;
consecrated at London, 234 ; succeed
ed in his Bishoprick by Mr William
Cowper, 238.
Hamilton, James, 278.
Hamilton, John, apothecary, 308 ; sum
moned to compear before the Lords of
Council, ib. ; condemned to be confined
within the town of Aberdeen, 309 ;
obtains prorogation of his confinement,

INDEX.

569

311 ; ordained to enter the jail of Edin
burgh, 312 ; after nineteen days im
prisonment is released, ib. ; tbe King's
death puts an end to his trouble, 313.
Hamilton, Patrick, 248.
Hamilton, Mr Robert, Minister of St
Andrews, 15; Moderator of the Gene
ral Assembly, 32.
Hamilton, Sir Thomas, the King's Advo
cate, afterwards Lord Binning and Earl
of Haddington, one of the Octavians, 83 ;
his concern in the trial of the Ministers
for holding Aberdeen Assembly, 139,
149, 403, 496 ; at Court in London,
167, 169-171 ; becomes Secretary for
Scotland, 237 ; is King's Commissioner
at Perth Assembly of 1618, 293 ; pro
motes the passing of the Five Articles at
that Assembly, 261, 262, 268, 293,296 ;
his death, 313.
Hampton Court, Conference appointed to
be held at, in 1604, 125 ; Conference
held at, in 1606, 167-177.
Harlow, Nathaniel, subscribes the Confes
sion of Faith, 126 ; comes to keep Aber
deen Assembly after it is dissolved, 136,
396; not troubled on account of it, 424.
Hart, Mr WiUiam, 149, 152.
Hay, Sir Alexander, his Majesty's Secre
tary for Scotland, 171, 177, 218, 237.
Hay, Mr Andrew, Commissioner of Clydes
dale, 22 ; Moderator of the General
Assembly, 32.
Hay, Doctor, Minister of Peebles, 278.
Hay, Mr George, Minister of Turriff,
Moderator of the General Assembly,
17 ; Commissioner of Caithness, 33,
205, 244.
Hay, Theodore, 249.
Helvetia, the General Assembly approve
the Confession of, with the exception
of holy days, 1 9.
Henderson, Mr Abraham, comes to keep
Aberdeen Assembly after it is dissolved,
136, S96 ; not troubled on account of
that Assembly, 424.
Henderson, Mr Alexander, minister of
Leuchars, 317.
Henderson, Patrick, 249.
Hepburn, Mr Edward, 244.
Herries, Robert, 249.
Hermannus, his speech to Cassander, 271.
Hewat, Mr Peter, 101, 126, 243, 247,
249, 411.
High Commission, two Courts of, 199,
their power, 218-221 ; the two Courts
united into one, 239 ; the stronghold of
the Bishops, ib. ; the Bishops summon

Ministers before these Courts, before
being heard either in Presbyteries or
Synods, 326.
Hog, Mr Thomas, summoned to appear be
fore the High Commission for his op
position to Perth Articles, 269 ; Grie
vances presented by him to Sir John
Hay, 330 ; presents a Supplication of
the Ministers to Charles I., 335.
Holyroodhouse, Lord, is sent by the King
to calm a tumult in Edinburgh, 85 ; pre
sent at the Synod of Fife, 187 ; opposes
the trial of the Ministers who held Aber
deen Assembly, 475.
Home. See Hume.
Hope, Mr Thomas, Advocate, defends the
cause of the Ministers tried for Aber
deen Assembly, 149-151, 453, 464.
Howie, Doctor Robert, Principal of St
Mary's College, St Andrews, 105, 112,
123, 180, 205, 232, 244, 384.
Howison, John, 123.
Hume, Alexander, of Rentoun, 152.
Hume, Gavin, of Johnscleugh, 152, 155.
Hume, Sir George, of Broxmouth, 83,
152.
Hume, George, of Deanes, 152.
Hume, Sir John, of North Berwick, one
of the jury on the trial of the Ministers
for holding Aberdeen Assembly, 152,
476 ; desires the Lord Justice to define
the matter committed to them for trial,
493 ; his remorse, 432.
Hume, Sir Patrick, of Polwart, one of the
jury on the same trial, 152, 476 ; wishes
to be excused from serving on the trial,
492.
Huntly, the Earl of, excommunicated and
banished, 65 ; returns secretly, 67 ; it
is declared lawful for him to return, ib.
Church procedure with, 90, 202, 207,
235,240, 242, 381.
Huntly, Lady of, 70.

Imposition of hands, 8.
Informations to the Estates of Parliament,
urging them not to ratify Perth Assem
bly and its acts, 285-289.
Inglis, James, 248.
Inglis, John, warded in the burgh of Mon
trose, 281.
Inglis, Mr Nathaniel, comes to keep Aber
deen Assembly after it is dissolved, 1 36,
396; appears before the Council, 138,
423 ; refuses to acknowledge the unlaw-

570

INDEX.

fulness of Aberdeen Assembly, 138, 424;
imprisoned in the Castle of Dumbarton,
ib. ; declines the authority of the Council
in Ecclesiastical matters, 1 40,
Innerwick, Laird of, 124.
Irving, Mr James, minister of Touche, a
member of Aberdeen Assembly, 133,
387, 393 ; appears before the Council,
138, 423; refuses to acknowledge the
unlawfulness of Aberdeen Assembly,
138, 424 ; imprisoned in the Castle of
Stirling, 138, 424 ; declines the Coun
cil's authority in Ecclesiastical matters,
140.
Irving, Mr WilUam, carries letters from
the Ministers imprisoned in Blackness
to the King, 502, 508-511, 513, 514,
533-537.

meeting of the General Assembly, 364,
366, 370 ; after his succession to the
English throne is moved by additional
causes to attempt the overthrow of
Presbytery, 373 ; supports Bancroft,
375; his death, 313.
Jamieson, WilUam, 249.
Johnston, George, minister of Ancrum,
198 ; cited to compear before the High
Commission, 305 ; deprived, ib.
Johnston, Mr John, Professor of Divinity
in St Andrews, 100 ; debarred from
Assembly held at Dundee in 1597, 105.
Johnston, Simon, 248..
Jurisdiction of the Kirk, 1 9 ; anxiety of
the General Assembly to draw the line
of demarcation between it and the civil
jurisdiction, 19, 32; Convention to be
held at Perth for consulting and deter
mining upon, 87.
Justice, William, 248.

James VT. is persuaded to take the
government into his own hands, 42 ;
invited to Ruthven by Gowrie and
others, who remove from him such as
favoured the Duke of Lennox, 49 ; in
his majority his subscription to the Con
fession of Faith is required anew, 56 ;
his encomium on the Church of Scotland,
57 ; finds fault with Ministers for medd
ling with state affairs in the pulpit, 70 ;
present at Assembly of Dundee in 1598,
104 ; his great desire to have Ministers
to vote in Parliament, 110, 112, 113,
115, 118, 119, 124; powder treason
against, 148 ; his speeches to the eight
Ministers summoned to Court, 167 ;
his questions to them, 168; offers at
the altar, 170 ; Archbishop Gladstanes
letter to, 236 ; present at a meeting of
the High Commission in St Andrews,
249, 250 ; his letter expressing his will
that the Five Articles of Perth should
be enacted, 253 ; resolves to have the
Communion celebrated at Edinburgh at
Easter, according to the act of Perth,
312 ; acts made in favour of the Re
formed religion in his resign, 346 ; be
gins to dislike the Presbyterian form of
Church government, 849 ; the Octa
vians prejudice him against the Presby
terian Ministers, 355 ; the first time he
altered the diet and place of the Gene
ral Assembly, 356 ; he attempts to make
the whole government and order of the
Church dependent on his will, 358,
363 ; alters the time and place of the

Keith, Alexander, 249.
Ker, John, 126, 233, 248, 456.
Ker, Sir John, of Littledean, 124.
Kinnear, Mr John, 232.
Kneeling at the celebration of the Lord's
Supper, opposition of the people of
Edinburgh to, 267, 268 ; some noble
men and others communicate kneel
ing in the Royal Chapel, 246 ; Com
munion observed in sundry cathedral
kirks by Bishops kneeling, 254. See
Perth, Articles of.
Knox, Andrew, Bishop of the Isles, 101,
123, 371.
Knox, John, the Reformer, minister of
the English Congregation at Geneva, 3 ;
appointed to assist in drawing up the
First Book of Discipline, 4; admits
Spottiswood to the office of Superinten
dent, 7 ; admits Mr James Lawson to
the ministry in Edinburgh, 8 ; his sen
timents on ministers holding civil places,
9 ; success of his ministry, 11 ; ap
pointed to visit certain kirks, 13 ; de
lays the admission of Mr Alexander
Gordon to the office of a Superinten
dent, 1 5 ; refuses to inaugurate John
Douglas as Bishop of St Andrews, 25 ;
this said to arise from malcontentment,
which charge he rebuts, 26 ; not at the
Convention of Leith, ib. ; his burial, 28.
Knox, Mr John, minister of Melrose, 101,
123, 205, 504, 505.

INDEX.

571

Knox, WiUiam, 248.

Lamb, Mr Andrew, Bishop of Brechin,
123, 167; consecrated at London, 234,
403.
Lamb, James, 248.
Laud, Archbishop, procures Mr John
Maxwell's elevation to the Bishoprick
of Ross, 318.
Laureston, Sir Alexander Straiton of,
King's Commissioner for Kirk affairs,
129, 142, 376, 377, 380 ; strongly op
poses, in the Synod of Fife, the holding
of the Assembly appointed to meet at
Aberdeen in July 1605, 131, 381 ; ex
cites the Council to discharge the Synod
of Aberdeen from proceeding against
the Marquis of Huntly, 381 ; sends let
ters to Presbyteries to stay the meeting
of Aberdeen Assembly, 384, 385 ; pre
sent at the opening of that Assembly, 133,
134, 144, 387, 388 ; presents the Coun
cil's letter to it, 388 ; protests against
the lawfulness of the Assembly, 135,
390, 391 ; his forged proclamation pro
hibiting the meeting of it, 136, 401 ;
gives it in to the Council, 402 ; in con
sequence of which letters of horning are
issued against the ministers who kept the
Assembly, ib.
Law, Mr James, Bishop of Orkney, and
afterwards Bishop of Glasgow, 123, 124,
381 ; challenged for seeking to over
throw the discipUne of the Kirk, 126 ;
at Court, 167; his threatening to the
Presbytery of Jedburgh, 1 98 ; chosen
Moderator of the General Assembly,
201, 202, 211; goes to Court, 217;
brings Ministers from his Diocess in
Orkney to attend the General Assembly
at Glasgow in 1610, 224 ; a remark of
his at a Diocesan Synod, 229 ; inaugu
rated Bishop of Glasgow, 238 ; his
power, 239, 269, 272, 278, 324, 381.
Lawson, Mr James, minister of Edin
burgh, 8, 33 ; withdraws to England,
52.
Lawson, Richard, warded in Aberdeen
281.
Lennox, Matthew, Earl of, Regent, his
death, 20.
Lennox, Esme Stewart, Duke of, trouble
some to the Church, 49 ; he is forced
to leave the country, ib. ; his death,
50.

Leslie, Mr George, minister of Strath-
miglo, 12.
Leslie, Mr John, Bishop of the Isles, 123.
Lethington, Secretary, quarrels with
ministers for holding the General Assem
bly without the Queen's allowance, 18.
Lindores, Abbot of, 170.
Lindsay, Alexander, minister of St Ma-
does, and afterwards Bishop of Dun
keld, 101, 123, 180, 185.
Lindsay, Mr David, minister at Leith, 13 ;
Moderator of the General Assembly,
17 ; Commissioner of Kyle, 22, 23 ;
becomes afterwards Bishop of Ross, 58,
123 ; protests against the permission
granted to the Earl of Huntly to return,
67, 69 ; commissioned to the King, 69,
72; appointed to present certain articles
to the King, 74 ; Moderator, but with
out election, of the Extraordinary As
sembly at Perth in 1597, 89, 147 ;
member of General Commission to sit
with his Majesty, 101 ; nominated to
vote in Parliament, 116; appointed to
be visitor of Ross, 120; one of the
Commissioners for treating of the Union
of Scotland with England, 126 ; his
great age unfits him for his duties, 209,
210 ; at the Council when the Ministers
prosecuted for Aberdeen Assembly ap
peared before it, 423.
Lindsay, Mr David, minister of Dundee,
and afterwards successively Bishop of
Brechin and of Edinburgh, 196, 244,
261, 263.
Lindsay, Mr John of Balcarras, 67, 83.
Lindsay, Mr Patrick, Bishop of Ross, and
afterwards of Glasgow, 58, 123, 316.
Lindsay, John, Lord Secretary, suspected
of having a hand in the framing of the
book, entitled, " The King's Questions,
&c, to the General Assembly," 356.
Linlithgow, Alexander, Earl of, 149.
Liturgy, 243.
Livingston, Henry, minister, 101, 185,
248, 456, 462.
Livingston, Sir John, of Dunnipace, one
of the jury on the trial of the Ministers
for holding Aberdeen Assembly, 152,
476 ; declares his determination to act
on the trial according to his conscience,
154, 493 ; acquits the prisoners, 155.
Livingston, Robert, of West-quarter, one
of the jury on the same trial, 152 ; ac
quits the prisoners, 155.
Livingston, Thomas, of Panton, one of the
jury on the same trial, 152 ; acquits the
prisoners, 155.

572

INDEX.

Livingston, Mr William, cited to compear
before the High Commission, 278 ;
compears, 278, 279 ; his Declinature,
279, 280 ; appointed by the Ministers
of Edinburgh to present a Supplication
to the King in reference to kneeling at
the Lord's Supper, 320.
Livingston, Lady, 70.
Lords of the Articles, 51, 162; make an
act which virtually gives the King su
preme power in the government of the
Kirk, 246.
Lothian, Superintendent of. See Spottis
wood, John.
Lumsden, Charles, 248.
Lundie, Mr William, 22.

M

Mackghie, Mr Andrew, minister, 126,233.
MacgiU, Mr David, a Senator of the Col
lege of Justice, 156.
MacgiU, Mr Gavin, minister, 126.
MacgiU, Mr James, Register Clerk, 22.
Maitland of Lethington. See Lethington.
Malcolm, Mr John, minister of Perth,
232 ; summoned to appear before Spot
tiswood, 238.
Malcolm, William, 123.
Mar, David, Notary, 128.
Mar, John, Earl of, chosen Regent, 20 ;
sent by the King to calm a tumult in
Edinburgh, 85 ; an assessor to the Judge
at the trial of the imprisoned Ministers,
149.
Martin, Mr Alexander, 265.
Martin, James, 105.
Mat tho! us Tortus, a work of Cardinal Bel-
larmine, so entitled, 203.
Maxwell, Mr John, Bishop of Ross, 123,
317, 316; known to be incUned to Ar-
minianism and Popery, 318, 320, 321.
Mearns, Mr David, minister of Carnbeo,
232 ; confined within his own parish by
the High Commission, 281.
Meiklejohn, Robert, warded in Dunkeld,
281.
Mein, John, merchant, Edinburgh, warded
in Wigton, 281 ; the Bishop writes to
the Council in his favour, ib. ; desires
the Lord's Supper to be observed in the
old manner and not according to the
Articles of Perth, 308 ; summoned to
compear before the Lords of Council,
ib. j condemned to be confined within
tho town of Elgin, 309 ; charged to
enter his place of confinement, 311; re

turns from Elgin to visit his family, 312.
Melville, Mr Andrew, 33, 34; withdraws to
England, 51; protests against permission
being granted to the Earl of Huntly to
return, 67 ; his speech to the King at
Falkland, 68 ; detained from the As
sembly at Perth in 1 597, 90 ; conference
between him and the King, 93 ; Act
passed by the King and Commissioners
of the General Assembly with the view
of excluding him from Church Courts,
96 ; his opposition to ministers having
vote in Parliament, 99 ; debarred from
the Assembly at Dundee in 1597, 105 ;
restraint laid upon him, 113 ; tbe King
refuses to grant him relief from his con
finement, 124; attends the imprisoned
Ministers at their trial at Linlithgow,
456 ; accompanies them after their trial
on their way to Blackness, 155; charged
to depart from the Parliament House,
163; summoned to Court, 165, 552;
questioned by the King as to the lawful
ness of Aberdeen Assembly, 168 ; his
answer, 168,-171 ; his epigram on
seeing the King and Queen offer at
the altar, 170; called before the Coun
cil of England on account of it, 178 ;
sent to the Tower, 194 ; fear which the
Commissioners of the Church had of him,
233 ; his words in reference to the Earl
of Dunbar, 235.
Melville, Mr James, writes against the
Acts of Parliament of 1 584, 52 ; his con
futation of Bishop Adamson's complaint
and appeUation, 54 ; protests against
permission being granted to the Earl of
Huntly to return, 67 ; commissioned to
the King, 68, 69, 72 ; perceives James
Nicolson's change of views, 88 ; his own
determination of fidelity, ib. ; opposed to
the meeting of the Assembly at Perth in
1597, 89; present at that Assembly but
withdraws secretly, 90 ; hostile to minis
ters having vote in Parliament, 99, 102 ;
lays some extracts from Basilicon Doron
before the Synod of Fife, 110; mem
ber of Privy Conference, 112; his letter
to the General Assembly at Burntisland
in 1601, 117; his Protestation, 120; ex
presses his sympathy with the Reformers
in England, 125; his Apology for the
imprisoned Ministers, 141 ; visits those
imprisoned in Blackness to attend them
on their trial, 455, 462, 499, 503;
accompanies them after their trial on
their way to Blackness, 155 ; summoned
to Court, 165, 552; his speech to the

INDEX.

573

, King, 167 ; the opinion he gave to the
King as to Aberdeen Assembly, 169 ;
examined, 170; his Answers to the
King's Questions, 172; charged to re
main in Newcastle, 194.
Melville, Sir Robert, 149.
Melville, Mr WilUam, a Senator of the
College of Justice, 106.
Mercer, John, 248.
Mill, Mr James, a member of Aberdeen
Assembly, 387, 393.
MiUar, Mr Joseph, Advocate, summoned
to compear before the Lords of Council,
308.
Ministers, Act of the General Assembly in
1562 concerning such as had not entered
their charges orderly, 1 2 ; such as were
ignorant and immoral said to be admit
ted by Superintendents, 13 ; are pro
hibited from becoming Senators of the
College of Justice, 31 ; advantages of
parity of power among, 62-64 ; articles
to be subscribed by them at their entry,
265, 266 ; may not lawfully sit in Par
Uament, 97, 98 ; vote in Parliament
granted to, 98 ; evil effects of this per
ceived, 99 ; Ministers ordained to wear
black gowns, 218; act concerning ap
parel of, 339-341.
Ministers of the North, arts of Courtiers
upon, 88 ; success of these arts, ib. ;
more favourable to Episcopacy than
Ministers of the South, 103, 240 ; some
of them well affected to the good cause,
129.
Ministers who were summoned to Court,
165 ; they advise with Presbyteries and
Sessions how to carry themselves, 166 ;
are admitted into the King's presence,
167, 168; hear Sermons at Court, 170 ;
Articles as to which they were required
to give in answers, 171 ; their answers,
172-175; their grievances, 176; they
suppUcate the King for liberty to return
to their flocks, 177; their treatment,
194.
Mitchel, Mr David, minister of Edinburgh,
and afterwards Bishop of Aberdeen,
leans to Arminian and Popish sentiments,
320, 321.
Mitchelson, Mr John, minister of Burnt
island, 205, 232, 244.
MoUison, Mr Thomas, Notary, 128.
Monroe, Mr George, minister, 123.
Monroe, Mr George, minister of Tain, a
member of Aberdeen Assembly, 133,
134, 387, 393 ; appears before the
Council, 136, 423 ; refuses to acknow

ledge the unlawfulness of Aberdeen As
sembly, 424 ; imprisoned in the Castle
of Down, 138, 424; signs the Declina
ture, 140.
Montgomery, Mr Robert, minister of Stir
ling, appointed to the Bishoprick of
Glasgow, 49 ; endeavours to subvert the
Presbyterian Government, 350 ; pro
ceedings of the Church against, 49 ;
his excommunication, which the King
and Council declare to be null and
void, ib. ; seeks to be reconciled to the
Kirk, 49 ; sits in ParUament, 51 ; satis
fies the Kirk, and is declared by the As
sembly admissible to a Kirk, 56.
Montrose, John, Earl of, 149, 152, 180,
184, 403, 502.
Morton, James Douglas, Earl of, com
mands Douglas, Bishop of St Andrews
to vote in Parliament in name of the
Kirk under pain of treason, 20 ; Chan
ceUor, 22 ; takes up a great part of the
Bishop of St Andrews rent in feus, &c.
26 ; chosen Regent, 28 ; craves addi
tional Bishops, ib. ; the gift of the
Bishoprick of Glasgow is purchased
from him by Mr James Boyd, 29 ; craves
that some learned men in the ministry
may be Senators of the College of Jus
tice, 3 1 ; the General Assembly's humble
supplication to, 32 ; not pleased with the
Second Book of Policy, 42, 44 ; is
set upon having Bishops, 42 ; resigns
the Regency, ib. ; accused and committed
to prison, 45 ; his character, ib. ; his
execution, 49.
Morton, William, Earl of, 126.
Muirhead, Mr Thomas, 278.
Murray, Bishop of, delated, 29.
Murray, Sir David, afterwards Lord
Scoone. See Scoone, Lord.
Murray, Mr John, minister of Leith and
afterwards of Dunfermline, warded 197;
Bishops urge his confinement in a barba
rous part of the country, 207, 209 ; con
fined within the parish of FouUs, 299.
Murray, Sir Patrick, 83, 88, 99, 106, 129.
Murray, Robert, 248.
Murray, Lord of TuUibardine, 1 49.
Murray, William,, minister at Dysart, 128,
379 ; visits the Ministers imprisoned in
Blackness, 454, 506.

N
Newbattle, Mark, Lord, 149, 545.
Nicolson, George, 128.

574

INDEX.

Nicolson, Mr James, minister of Meigle,
and afterwards Bishop of Dunkeld, 58 ;
protests against the permission granted
to the Earl of Huntly to return, 67 ;
sent as a Commissioner to the King to
Falkland, 68, 69 ; changes his views,
88, 360 ; his influence in inducing Minis
ters to hold an Extraordinary Assembly
at Perth, 89, 102, 112, 136,501; at
Court, 167, 172 ; refuses to meet with
Ministers of the North to take measures
for redressing the grievances of that
part of the country, 380 ; joins with the
Privy Council in proceeding against the
Ministers who kept Aberdeen Assembly,
403 ; is resolved to accept the Bishop
rick of Dunkeld, 177 ; chosen Modera
tor of the Convention at Linlithgow,
180; his death, 196, 203.
Nicolson, Mr Thomas, 128, 133.

O

Ochiltree, Lord, 263.
Octavians, their appointment, 67, the
chief of them, 83 ; Papists in their
hearts and hostile to Presbytery, 85,
355 ; make a tumult raised in Edinburgh
a pretext for overthrowing the liberties
of the Church, 355.
Office-bearers, Church, four sorts of, war
ranted by Scripture, 3.
Ogle, Mr David, 126.
Oliphant, Mr William, 149, 453, 464,
493.
Order of Geneva, The, or The Book of
Common Order, 3.
Orkney, Earl of, 167, 170.
Orkney, [Adam Bothwell] Popish Bishop
of, embraces the Reformed Religion, 15;
appointed Commissioner of Orkney, 16 ;
marries Queen Mary and the Earl of
Bothwell, ib. ; delated, ib ; restored
again to the Ministry, 17 ; sundry
charges brought against, 17, 22.
Oswald, Mr Archibald, 205, 233.
Overall, Dr John, Dean of St Paul's, 178.

Papists, proceedings of the General As
sembly at Linlithgow in reference to,
202, 204, 220 ; discussion in Aberdeen
Assembly of 1616, concerning articles
made against, 242, 244 ; proclamation
against, 125,

Parliament of 1584, acts dangerous to the
Church concluded in, 51 ; Ministers
urged to subscribe these acts under pain
of loss of stipend, 52 ; the sincerer sort
of the Ministers seek their abrogation, 53;
Parliament held in June 1609, 215;
restores Archbishops and Bishops to
their former authority and jurisdiction,
215, 216.
Paton, Mr James, inaugurated Bishop of
Dunkeld, 28 ; delated and suspended
29 ; charged to demit his Bishoprick, 40.
Penman, Mr William, 126.
Perth, Articles of, 255 ; some reasoning.
upon, 259 ; but no due reasoning allow
ed, 261, 262; how put to vote, 262;
concluded, 263 ; ratified, aod the ratifi
cation proclaimed, 266 ; King's letter to
the Bishops commanding them to depose
all Ministers who refused to conform,
271 ; proclamation concerning the Arti
cles, 281 ; officers of state consult how
to stop all opposition to their ratification
in Parliament, 283, 284 ; informations
of some of the Ministers of the Church
to the Estates in reference to their rati
fication, 285-289 ; reasons against their
ratification, 289-291 ; Admonitions and
Protestations against them to be pre
sented to the Lords of the Articles, 291-
294 ; methods used to promote their
ratification by Parliament, 294, 295 ;
bad omen of that Parliament, 295 ;
Ministers not allowed to enter it, ib. ;
voting for the articles and their ratifi
cation, 296, 297 ; dreadful storm of
thunder and lightning at their ratifica
tion, 297 ; Acts of ParUament pro
claimed at the market cross of Edin
burgh, 298 ; which are publicly pro
tested against, ib. ; Lords of Privy Coun
cil and of Session commanded by the
King to conform to the Articles, 299 ;
others required to conform, ib ; opposi
tion of the people of Edinburgh to them,
318, 338.
Perth, Assembly at, in 1618; corrupt
preparations for, 251 ; indicted, ib. ; its
proceedings, 255-266; Ministers urged
to conform to the acts of, 267 ; the
greater part refuse, ib.
Pest prevails, 52, 137, 196, 312.
Philip, Dr Henry, Minister of Arbroath,
180, 205, 244, 552.
Plague. See Pest.
Policy, The, a commission appointed to
confer upon, 41 ; reasoning upon the Se
cond Book of, ib. ; heads of the Second

INDEX.

575'

Book of, presented to the Regent, 42 ;
copies to be presented to the King and
Council, 43 ; favourable answer of the
King, ib. ; King's letter to the Assembly
concerning, 44 ; the Assembly's answer,
44, 45, 46 ; the Heads of Policy form the
Second Book of DiscipUne, 46 ; which
condemns the whole system of Episco
pacy, 46 ; and is ordained by the As
sembly to be inserted in the Register
of their acts, 48 ; all ministers required
by act of Assembly to subscribe it, 57.
Pont, Mr Robert, Minister at Dunkeld,
1 5 ; Moderator of the General Assembly,
17; Commissioner of Murray, 22; a
Senator in the College of Justice, 31; de
lated, ib. ; Moderator of the General
Assembly, 32 ; protests against the acts
of Parliament of 1584, 51, 153; the
King wishes him to accept of the Bishop
rick of Caithness, 55, 69, 74, 359 ;
preaches at the opening of the Assembly
of Dundee 1597, 93, 101; Moderator
of the General Assembly, 147.
Pope, letter addressed to the, 110, 125 ;
the King's aUeged promise to, 203.
Popery suppressed in 1560, 4.
Forteous, James, 248.
Powder treason, 148.
Prebendaries, 24.
Presbytery, remarks on the advantages of,
62-64 ; civil establishment of, 348 ; the
beginning of the decay of the govern
ment and jurisdiction by, 349 ; laws
made in prejudice of, 350, 351 ; again
established, 351, 353 ; second decay of
the Presbyterial jurisdiction, 354 ; en
deavours of the Octavians to overthrow
it, 355 ; efforts to preserve it, 359.
Presbyteries, how not constituted at the
commencement of the Reformation, 1 0 ;
the Reformers act as nearly on the prin
ciple of, as their circumstances admitted,
13 ; a platt to be devised for the consti
tution of, 37, 45, 48 ; the Assembly
appoint some Presbyteries to be con
stituted as patterns, 48 ; the names of
all the Presbyteries are given in to the
Assembly of 1593, 60; matters to be
taken up in, ib. ; parity in, 61 ; the
Moderator has only priority of order, ib.;
how long the government by Presby
teries continued, ib.
President, Lord. See Balmerinoch.
Preston, Mr John, Collector and President
of the Court of Session, 149, 187, 211 ;
opposes the trial of the Ministers im
prisoned for Aberdeen Assembly, 475.

Primrose, Mr Peter, minister of Mauch-
line, 223.
Priors, 27, 46.
Priories annexed to the Crown, 56.
Provincial Assemblies. See Synods.
Provostries, 24.
Psalms of David, metrical version of the,
337.

R

Rait, Mr David, a member of Aberdeen
Assembly, 387 ; constitutes the meeting
by prayer, ib. 393 ; not troubled for
holding that Assembly, 424.
Ramsay, minister of Edinburgh, 248, 250,
253.
Ramsay, Mr Tobias, minister of Foulden,
188.
Ramsay, Mr WiUiam, one of the Masters
of St Salvator's College, St Andrews, 19.
Readers, 5, 12 ; persons ignorant and im
moral said to be admitted to be, 13 ; found
qualified to baptize and solemnize mar
riage, 23 ; their office declared not to
be an ordinary ecclesiastical office, 39.
" Reading Ministers " not allowed by
First Book of Discipline, 5, 9.
Reformed Religion, establishment of, by
Parliament, 4.
Reid, Mr John, minister of Logie Buchan,
244.
Reid, Mr Robert, minister of Banchory-
Trinity, member of Aberdeen Assembly,
133, 387, 393 ; appears before the
Council, 423 ; acknowledges the unlaw
fulness of Aberdeen Assembly, 424.
Rigg, William, Baillie, warded in Caith
ness, 280, 281 ; summoned to appear
before the Lords of Council, 308 ; or
dained to keep his own house, 308,
309 ; deprived of his office and warded
in Blackness, 310, 311 ; the King insists
on his being fined, 311; suffered to re
turn to his own house for the space of
forty days, 312.
Robertson, Mr David, minister of Rugley
[Rutherglen] ; member of Aberdeen
Assembly, 133, 387, 393; appears be
fore the Council, 423; acknowledges
the unlawfulness of Aberdeen Assem
bly, 424.
Robertson, Mr George, 101.
Robertson, James, 123, 248.
Robertson, Walter, 128.
RoUock, Mr Peter, Bishop of Dunkeld,
163, 217.

576

INDEX.

RoUock, Mr Robert, minister of Edinburgh
and Principal of the University, 72, 74,
102.
Ross, James, minister of Aberdeen, a mem
ber of Aberdeen Assembly, 128, 133,
387 ; preaches at the opening of it,
133, 387, 393; appears before the
Council, 423 ; acknowledges the unlaw
fulness of Aberdeen Assembly, 424.
Ross, John, comes to keep Aberdeen As
sembly after it is dissolved, 136, 397 ;
appears before the Council, 137, 138,
423 ; refuses to acknowledge the unlaw
fulness of Aberdeen Assembly, 424 ;
imprisoned in the castle of Stirling, 138,
424.
Rough, John, minister of Nigg, member
of Aberdeen Assembly, 128, 133, 387,
393.
Rough, Robert, 249.
Row, Mr John, the Reformer, minister at
Perth, appointed to assist in drawing up
the First Book of Discipline, 4 ; ap
pointed to visit Galloway, 17, 33.
Row, Mr John, minister of Carnock, con
fined to his own parish, 299, 455.
Row, Mr William, minister of Forgan-
denny, 186.
Royal Chapel at Holyroodhouse, intended
decoration of, with the statues of the
twelve apostles, 246.
Russel, Lord, eldest son of the Earl of
Bedford, 52.
Rutherford, Mr John, ProvoBt of Old
College, St Andrews, 26.
Rutherford, Mr John, minister of Kilcon-
quhar, deposed by the Presbytery of St
Andrews, 95 ; his sentence of deposition
reduced by the King and the Commis
sioners of the General Assembly, 95,
100, 361 ; this approved of by the Ge
neral Assembly at Dundee, 364,
Ruthven, Raid of, 49 ; those concerned
in it forced to withdraw from the coun
try, 50 ; the banished Lords return, 53.
Ruthven, Robert, Commendator of Dun
fermline, 22.
Ruthven, William, Lord, Treasurer, 22,

Scoone, Lord, Sir David Murray, 149,
152, 170, 185-187, 260, 270, 545.
Scot, Mr George, minister of Kirkaldy.
Scot, Mr Robert, minister of Glasgow,
244, 248, 280, 316.
Scot, Mr William, 12.

Scot, Mr William, minister of Kennoway'
and afterwards of Cupar, 116; prepares
a petition to be sent to the King in fa
vour of the imprisoned Ministers, 440-
442, 506; summoned to Court, 165,
169, 552 ; his answers to the King's
Questions, 173-175; charged to remain
in his own parish, 194; the Bishops
opposed to his having liberty to attend
the General Assembly, 201, 205, 206,
244 ; his opinion of the titles of Bishops,
Abbots, Priors, &c, 315; and of the
Act of ParUament 1633, concerning the
apparel of churchmen, 340, 341.
Scot, Mr WiUiam, a minister in the West,
249.
Scrimgeour, Mr John, minister of King
horn, cited to compear before the High
Commission, 273 ; his compearance and
speech before it, 273, 274, 275; his
reasons against his sentence, 275-277;
conversation between him and Spottis
wood, 277 ; his Protestation, ib. ;
preaches in Kinghorn notwithstanding
the sentence of the High Commission,
278 ; visits the Ministers imprisoned in
Blackness, 455.
Scrogie, Mr Alexander, a member of Aber
deen Assembly, 387 ; appears before the
Council, 423 ; acknowledges the unlaw
fulness of Aberdeen Assembly, 424.
Sharp, David, 278.
Sharp, Mr John, minister of Kilmany, a
member of Aberdeen Assembly, 133,
134, 387. 392 ; appears before the
Council, 137, 407 ; warded in Black
ness, ib. ; signs the Declinature, 140.
Sharp, Mr Patrick, 112, 167, 180, 205.
Shaw, James, of Sauchie, 152, 155.
Shaw, Patrick, 105, 248.
Simonaical Pactions, an act restraining,
267.
Simpson, Adam, 249.
Simpson, Mr Alexander, 284.
Simpson, Mr Archibald, minister of Dal
keith, 247, 248 ; warded in the Castle
of Edinburgh, 249 ; comes to keep
Aberdeen Assembly after it is dissolved,
396 ; summoned to appear before the
Council, but is sent home without being
farther troubled, 424 ; attends the trial
of the Ministers at Linlithgow, 456.
Simpson, Mr Patrick, minister of Stirling,
112, 117; attends the trial of the
Ministers at Linlithgow, 456, 462, 553 ;
chosen Moderator of the Conference at
Falkland, 199, 200,' 201, 202, 205; his
letter to the Conference at Falkland, 211.

INDEX.

577

Simpson, Mr William, is summoned to
compear before the Lords of Council,
309 ; ordained to be imprisoned in the
jail of Edinburgh, Ib. ; deprived of the
office of deacon, 311 ; promises to com-
municato according to Perth Articles,
ib.
Skene, Sir John, Clerk of Register, 67,
403, 496.
Smith, Mr John, minister of Maxton, 188,
248.
Sonsie, Luke, 248.
Spence, Mr David, 232.
Spottiswood, Mr John, appointed to assist
in drawing up the First Book of Disci
pline, 4 ; Superintendent of Lothian, 6 ;
manner of his election to be Superinten
dent, 7 ; assists in the admission of Mr
John Douglas to be Bishop of St
Andrews, 25, 28.
Spottiswood, Mr John, 6on of the preced
ing, Archbishop of Glasgow. and after
wards of St Andrews, 7, 58 ; is active
in procuring subscriptions to Black's
Declinature, 72, 112, 126; made
Bishop of Glasgow, 381 ; his sermon
against the established discipline, 158;
at Court, 167, 197, 199, 204, 206;
memorials penned by him to the King,
207 ; admitted one of the Lords of Ses
sion, 217 ; commission given to him to
hold two Courts of High Commission,
218; Moderator of Glasgow Assembly of
1610, 223 ;• consecrated Bishop at Lon
don, 234 ; translated to the See of St
Andrews, 238 ; his power, 239 ; usurps
the office of Moderator of Assembly at
Aberdeen in 1616, without election,
241 ; inveighs against Andrew Melvill,
252 ; his sermon at the opening of
Perth Assembly in 1618, 255 ; places
himself in the Moderator's chair with
out election, 256 ; his zeal in promoting
the Five Articles, 257-262, 269-271;
sits in the High Commission, 273-275,
278 ; holds a Diocesan Synod, 281,
298; his treatment of David Dickson
before the High Commission, 300-302,
317, 324, 326, 369, 403, 406, 501,
513.
Stewart, Colonel, 85.
Stewart, Henry, of Craigiehall, chancellor
of the jury on the trial of the imprisoned
Ministers, 152, 154, 476, 494.
Stewart, Sir James, Earl of Arran, 49.
Stewart, Walter, Prior of Blantyre, 67.
Strachan, Mr Alexander, minister of
Creich. a member of Aberdeen Assem- 2

bly, 133 ; appears before the Council,
137, 407 ; warded in Blackness, ib. ¦
signs the Declinature, 140 ; put to the
trial of an assize, 148.
Straiton, Sir Alexander. See Laureston.
Straiton, Mr John, minister of Forres,
cited to compear before Bishop Glad
stanes, and warded, 235.
Strang, Doctor, 263.
Struthers, Mr William, minister of Edin
burgh, 243-245, 248, 251, 267, 308,
319, 321.
Subscription to the Confession of Faith,
55, 243 ; subscription to the Book of
PoUcy required of all Ministers, 57, 59.
Superintendents, election and admission
of, 3 ; the office of, temporary, 5, 6,
47 ; their number, 6 ; difference be
tween Superintendents and Bishops, 6-
9,12, 14; limitations of the jurisdiction
of, 14, 19 ; acts for curbing the power
of, 30, 3 1 ; how long the government
by, continued, 32 ; to be appointed by
Assemblies, 34 ; the duties of, ib.
Supremacy, King's, Act of Parliament con
cerning, 163.
Swinton, Mark, a Papist, 152.
Sydserf, Mr Thomas, Bishop of Brechin,
123, 308, 320, 321.
Synods, or Provincial Assemblies, 10; ap
pointed by the General Assembly to be
held twice in the year, 1 2 ; their power,
and matters to be treated of by , 61.

Thirds, The, 20 ; provision to the King's
house out of, 21.
Thomson, Richard, Clerk to the Commis
sioners of the General Assembly, 135,
377 ; his death, 203.
Transportation of Ministers, 12, 242.
Traquair, Laird of, 85.
Trent, Council of, 47.
Tulchan Bishops, 25.
Tumult in Edinburgh, 84, 85 ; made ;>,
pretext for the King's altering the go
vernment of the Kirk, 86.

Vaughan, Bishop of London, 271.
Visitors, the office, power, and jurisdiction
of, 35, 36 ; Acts of Assembly regarding,
36, 37 ; offioe of Visitor declared to be
a corruption by the General Assembly,
O

578

INDEX.

37 ; how long this office continued, ib ;
the Annual election of Visitors to cease
where Presbyteries were sufficiently
constituted, 58 ; order of the procedure
of, 120.
Vote in Parliament, not allowed to Minis
ters by the First Book of Discipline, 8,
9 ; Bishops appointed to have Vote in
Parliament, 20 ; which ought not to
belong to Ministers, 97, 98 ; determi
nation of the King that they should have
Vote, 102; Act allowing it passed in
Parliament, 362; concluded in General
Assembly of Dundee, 103,364; Cautions
with respect to Ministers having Vote,
107-113, 366, 369; pretence for the act,
114; opposition to it, 114, 130, 158;
number of Ministers having vote, 163,
364, Commissioners Voters in Parlia
ment become more insolent, 216.

cellor after the meeting of Aberdeen
Assembly, 401, 402, 512, 541, 542;
his freedom in the pulpit with his
Majesty, 405 ; put to the trial of an
Assise, 148 ; his speech at the bar, 153,
485-488 ; Welsh and Forbe9 considered
most intractable, 418, 426, 496; Welsh is
warded in the Castle of Edinburgh, 545.
Whiteford, Walter, minister of Moffat,
248, 278.
Whitgift, Doctor, 4.
Whitlaw, Dame Margaret, 124.
Wigton, Earl of, 170.
Wilkie, Robert, 105, 112, 123.
Willock, Mr John, Superintendent for
Glasgow, 4, 6.
Winram, Mr John, Superintendent for
Fife, 4, 6, 12, 13, 22 ; admits Mr John
Douglas to be Bishop of St Andrews,
25, 28.
Wishart, John, 135.

W

Wachan. See Vaughan.
Wallace, Daniel, 126.
Wallace, Michael, 248.
Wallace, Mr Robert, Minister of St An
drews, 95, 165, 194, 361, 364, 552.
Watson, Mr William, 116, 120; summoned
to Court, 165, 194, 552.
Weemes, John, 205, 248.
Weemes, William, 248.
Welsh, Mr John, conies to keep Aberdeen
Assembly after it is dissolved, 136, 396;
summoned to compear before the Coun
cil, 137, 404; imprisoned in Blackness,
137, 406 ; signs the Declinature, 140;
his interview with the Lord Chan-

Young, Doctor John, Dean of Winches
ter, 256, 257.
Young, Mr John, comes to keep Aber
deen Assembly after it is dissolved, 136,
396; not troubled on that account, 424.
Youngson, Mr Robert, Minister of Clatt, a
member of Aberdeen Assembly, 133,
387, 393; appears before the Council,
423, 133 ; acknowledges the unlawful
ness of Aberdeen Assembly, 136, 424 ;
appears before the Council and professes
his sorrow for that acknowledgment,
138, 431, 432; is warded in Stirling,
434.

FINIS.

TAM KM WALK UK, nilNTF.K, (J. JAMTSS COUKT, EDINBURGH,