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THE HISTORY

OF

THE CHURCH OF SCOTLAND,

BY

JOHN SPOTTISWOOD.

ARCHBISHOP OF ST ANDREWS.

IN THREE VOLUMES. VOLUME III,

EDINBUKGH: M.BCCCL,

At a Meeting of the Committee of THE BANNATYNE CLUB, held on Monday, the 29th of March 1847.

Resolved,

That Club Paper be furnished for One Hundred and Twelve Copies of the Edition of ARCHBISHOP SPOTTISWOOD'S HISTORY OF THE CHURCH OF SCOTLAND, in three volumes, octavo, to be Edited by

Bishop Russell for the Spottiswoode Society.

■»

At a Meeting of the Committee of THE BANNATYNE CLUB, held on Thursday, the 31st of August 1848.

A letter from the Secretary of the Spottiswoode Society was read, ex- plaining that arrangements were now made with Messrs Oliver & Boyd for completing the republication of Akohbishop Spottiswood's History, under the supeiiateudence of Mabk Napiee, Esq., Advocate, in the event of the Bannatyne Club continuing their Subscription, upon the same terms, as had been agreed upon, when the Work was originally undertaken.

The CoMmTTEE directed the Secretary to express their willingness to accede to the proposed arrangement, as their chief desire was to have the Work completed under the charge of an ostensible Editor, whose name might be a svifficient guarantee for the fidelity of the republication.

Extracted from the Minutes,

David Laing, Secretary.

HISTORY

CHURCH OF SCOTLAND,

BEGINNING THE YEAR OF OUR LORD 203, AND CONTINUED TO THE END OF THE REIGN OF KING JAMES VI.

RIGHT REV. JOHN SPOTTISWOODE,

ARCHBlSIfOP OF ST ANDRKWS, AND LORD CHANCELLOR OF SCOTLAND.

BIOGRAPHICAL SKETCH AND NOTES,

RIGHT REV. M. RUSSELL, LL.D., D.C.L.

IN THREE VOLUMES.

VOLUME III.

EDINBURGH :

PRINTED FOR THE SPOTTISWOODE SOCIETY

M.DCCCLI.

,0=^^^^^

THE

HISTORY

CHURCH OF SCOTLAND.

THE SIXTH BOOK CONTINUED.

>HE next year began with a trouble in the borders, which was hke to have disturbed the peace betwixt the two realms, and arose upon this occasion. The Lord Scroope being then warden of the west marches of England, and the laird of Buccleuch having the charge of Liddisdale, thej sent their deputies to keep a day of truce for redress of some ordinary matters. The place of meeting was at the Day holme of Kershop, where a small brook divideth England from Scot- land, and Liddisdale from Bow Castle. There met as dep- uty for the laird of Buccleuch Robert Scott of Haining ; and for the Lord Scroope, a gentleman witliin the west wardenry, called Mr Salkeld. These two, after truce taken and pro- claimed, as the custom was, by sound of trumpet, met friend- ly, and, upon mutual redress of such wrongs as were then complained of, parted in good terms, each of them taking his way homewards. Meanwhile it happened one Wilham Arm- strong, commonly called Will of Kinmouth, to be in company with the Scottish deputy, against whom the English had a quarrel for many wrongs he had committed, as he was indeed a notorious thief. This man having taken his leave of the VOL. ni. 1

2 THE HISTOUY OF THE [a. D. 1596.

Scots deputy, and riding down the river of Liddle on the Scottish side towards his own house, was pursued by the English that espied him from the other side of the river, and after a chase of three or four miles taken prisoner, and brought back to the Enghsh deputy, who carried him away to the castle of Carlisle.

The laird of Buccleuch complaining of the breach of truce (which was always taken fi*om the time of meeting unto the next day at sunrising), wrote to Mr Salkeld, and craved re- dress. He excused himself by the absence of the Lord Scroope. Whereupon Buccleuch sent to the Lord Scroope, and desired the prisoner might be set at liberty without any bond or condition, seeing he was unlawfully taken. Scroope answered, " that he could do nothing in the matter, it having so happened, without a direction from the queen and council of England, considering the man was such a malefactor. Buccleuch loath to inform the king of what was done, lest it might have bred some misliking betwixt the princes, dealt with Mr Bowes, the resident ambassador of England, for the prisoner's liberty ; who wrote very seriously to the Lord Scroope in that business, advising him to set the man free, and not to bring the matter to a farther hearing. But no answer was returned. The matter thereupon was imparted to the king, and the queen of England solicited by letters to give direction for his liberty ; yet nothing was obtained. Which Buccleuch perceiving, and apprehending both the king, and himself as the king's officer, to be touched in honour, he resolved to work the prisoner's relief by the best means he could.

And upon intelligence that the castle of Carlisle, wherein the prisoner was kept, was surprisable, he employed some trusty persons to take a view of the postern-gate, and measure the height of the wall, which he meant to scale by ladders ; and if those failed, to break through the wall with some iron instruments, and force the gates. This done so closely as he could, he drew together some two hundi*ed horse, assigning the place of meeting at the tower of Morton, some ten miles from CarHsle, an hour before sunset. With this company passing the water of Esk about the foiling, two hours before day he crossed Eden beneath CarHsle bridge (the water through the rain that had fallen being well thick), and came to

A. D. 1596.] CHURCH OF SCOTLAND. 3

the Sacery, a plain under the castle. There making a little halt at the side of a small burn which they call Cadaye, he caused eighty of the company to light from their horses, and take the ladders and other instruments which he had pre- pared with them. He himself accompanying them to the foot of the wall, caused the ladders to be set to it ; which proving too short, he gave order to use the other instruments for opening the wall nigh the postern, and finding the busi- ness like to succeed, retired to the rest whom he had left on horseback, for assuring those that entered upon the castle against any eruption from the town. With some little labour a breach was made for single men to enter, and they who first went in brake open the postern for the rest. The watchmen and some few the noise awaked made a little re- sistance, but they were quickly repressed and taken captive. After which they passed to the chamber wherein the pri- soner was kept, and having brought him forth, sounded a trumpet, which was a signal to them without that the enter- prise was performed. The Lord Scroope and Mr Salkeld. were both within the house, and to them the prisoner cried a good night. The captives taken in the first encounter were brought to Buccleuch, who presently returned them to their master, and would not suffer any spoil or booting, as they term it, to be carried away : he had straitly forbidden to break open any door but that where the prisoner was kept, though he might have made prey of all the goods within the castle, and taken the warden himself captive ; for he would have it seen that he did intend nothing but the re- paration of his majesty's honour. By the time that the prisoner was brought forth, the town had taken the alarm, the drums were beating, the bells ringing, and a beacon put on the top of the castle to give warning to the country. Whereupon Buccleuch commanded those that entered the castle and the prisoner to horse, and marching again by the Sacery, made to the river at the Stony bank ; on the other side whereof certain were assembled to stop his passage : but he causing sound the trumpet took the river, day being then broken ; and they choosing to give him way, he retired in order through the Grahams of Esk (men at that time of great power and his unfriends), and came back into Scottish ground two hours after sunrising, and so homewards.

4 THE HISTORY OF THE [a. D. 1596.

This fell out the thirteenth of April 1596. The queen of England having notice sent her of what was done stormed not a little. One of her chief castles surprised, a prisoner taken forth of the hands of the warden and carried away, so far within England, she esteemed a great affront. The Kegcr, Mr Bowes, in a frequent convention kept at Edin- burgh the twenty-second of May, did, as he was charged, in a long oration aggravate the heinousness of the fact, conclud- ing that peace could not longer continue betwixt the two realms, unless Buccleuch were delivered in England to be punished at the queen's pleasure. Buccleuch compearing, and charged with the fact, made answer, that he went not into England with intention to assault any of the queen's houses, or to do wrong to any of her subjects, but only to re- lieve a subject of Scotland unlawfully taken, and more un- lawfully detained ; that in the time of a general assurance, in a day of truce, he was taken prisoner against all order, neither did he attempt his relief till redress was refused; and that he had carried the business in such a moderate fashion, as no hostility was committed, nor the least wrong offered to any within the castle. Yet was he content, according to the ancient treaties observed betwixt the two realms, whenas mutual injuries were alleged, to be tried by the commissioners that it should please their majesties to appoint, and submit himself to that which they should decern. The convention esteeming the answer reasonable did acquaint the ambas- sador therewith, and offered to send commissioners to the borders with all diligence, to treat with such as the queen should be pleased to appoint for her part.

But she, not satisfied with the answer, refused to appoint any commissioners ; whereupon the council of England did renew the complaint in July thereafter, and the business being of new agitated, it was resolved as of before that the same should be remitted to the trial of commissioners ; the king protesting, that albeit he might with greater reason crave the deUvcry of the Lord Scroope for the injury com- mitted by his deputy, it being less favourable to take a prisoner than to relieve him that is unlawfully taken, yet for the continuing of peace he would forbear to do it, and omit nothing on Ids part that could be desired either in equity or by the laws of friendship. The borderers in the mean-

A. D. 1596.] CHURCH OF SCOTLAND. 5

time making daily incursions one upon another filled all those parts with trouble, the English being continually put to the worse ; neither were they made quiet till, for satisfying the queen, the laird of Buccleuch was first committed in St Andrews, and afterwards entered in England, where he re- mained not long.'

At the same time, for bringing the isles to obedience. Colonel Stewart was employed to levy a thousand men, every shire furnishing twenty horsemen and thirty foot, or so much money as would sustain them, allowing the horse- men twenty -four pounds monthly, and the foot twelve pounds, besides the supply , of the free burghs. These companies were appointed to meet at Dumbarton the twentieth of Au- gust, for attending the king or his lieutenant by the space of forty days, according to the custom, and when the day was come were commanded to follow the colonel, as designed lieutenant by the king. But upon the bruit of this ex- pedition the principals of the isles did all submit themselves, offering obedience, and to appear before the king at the time his majesty should appoint. So that expedition ceased, the colonel going no farther than Islay, where he remained a few days, and took assurance for their compearing.

In the March preceding, the Assembly of the Church con- vened at Edinburgh, for consulting upon the dangers threat- ened to religion by the invasion of the Spaniard, which was then generally noised. Some brethren directed to lay open the perils to his majesty, returned with this answer, " That albeit there was no great cause to fear any such invasion at that time, yet they should do well to give their advice as if the danger were at hand, which would serve when necessity did require." The Assembly upon this thought meet to enter into consideration both of the dangers and remedies ; and first to inquire upon the causes that had provoked God to threaten the realm with that tyrannous nation, to the end the same might be removed ; then to deliberate how by ordinary lawful means the enemy should be resisted. The causes they condescended to be the sins of all estates, and especially the sins of the ministry ; which they held best should be penned and drawn to certain heads, that the cor- ruptions being laid open, the remedies might be the better ' [See note to this Book — E.]

6 THE HISTORY OF THE [a. D, 1596.

provided. For this work some of the brethren were named and set apart, who, after a day or two, presented in writing a number of articles touching the corruption of ministers, as well in their offices as in their lives and manners ; the offences in the king's house, in the court, and in the judg- ment-seats ; the defection and faults common to all estates ; and the remedies which in their opinion were fit to be used. The Assembly allowing their labours, and acknowledging their own guiltiness in that which concerned themselves, ordained a day of humihation to be kept on Tuesday the week following by the ministers that were present, for re- concihng themselves to God, and making up a new covenant with him for the better discharge of their duties. This is the covenant that by some is so often objected, and said to be violated by those that gave obedience to the canons of the Church; albeit in it there is not a word or syllable that sounds either to the confirming of the Church government then in use, or to the rejecting of that which since hath been estab- lished. But when other arguments fail them, somewhat must be said to entertain the conceits of the popular. By this cov- enant all did bind themselves to abide in the profession of the truth, and to walk according to the same, as God should enable them. But for the rules of policy, or ceremonies serving to good order or decency, let inspection be taken of the register which is extant, and it shall clearly appear, that at the time there was not so much as any mention thereof made.

But to proceed : the advice they gave for resisting the practices of the enemy was, " That all who had kithed in action with the popish lords should enter their persons in ward, till assurance was given that they should neither keep intelligence with the rebels, nor join with them in case they did return into the country, that the rents and livings of the rebels should be uplifted for entertainment of soldiers, and supporting other necessary affairs, that, in every parish, captains should be chosen for the mustering and training of men in arms, and some commanders in every shire appointed for convening the county at needful occasions, lastly, that they who were sureties for the good behaviour of the rebels with- out the realm should be called, and decerned to pay the sums contained in their bonds."

This advice presented to the king went much against his

A. B. 1596.] CHURCH OF SCOTLAND. 7

mind ; for his desire was to have the banished lords reclaimed and brought to obedience, which he esteemed to be the greatest assurance both of his own peace and the country's quiet : therefore did he only answer, " That if it could be proved that the lords since their departing from Scotland had trafficked with strangers to the prejudice of religion or state, they should be used with all extremity ; but otherwise neither could their cautioners be convicted, nor would he change the course which he had kept with their wives and children." Not long before this Assembly the king had communicated his mind to Mr Robert Bruce touching that business, hoping that by the sway he carried in those meet- ings some such propositions as tended to the reclaiming of the banished lords should have been made by the Assembly ; but finding his expectation not answered, he brake to him the matter of new, and showed " how greatly it concerned his estate to have them reduced and called home; that the queen of England was grown old, and if any should after her death withstand his title, he would have need of his sub- jects' assistance ; and that having so many nobles exiled, he would be less respected of strangers, and be a great deal weaker at home. If he could therefore win them to acknow- ledge their offence, and to embrace the true religion (without which they should never get any favour from him), he be- lieved the course would not be disallowed of wise men and those that loved him. Always he desired to know his judg- ment, for as yet he had not showed his mind in that matter to any person."

Mr Robert, being as then in great favour and credit with the king, said, " that he did think well of his majesty's reasons; and that he should not do amiss to bring home Angus and ErroU, so as they would conform themselves in rehgion. But that Huntly could not be pardoned, being so hated as he was of the subjects." The king reasoning to the contrary, " That if Huntly should be willing to satisfy the Church and fulfil the conditions which he would require of him, he saw no reason why he should not be received as well as the other two ; and as he could not but know that his care of that man was great, and he liaving married his cousin, whom he ac- counted his own daughter, so was he the man of greatest power, and one that could stand him in most stead. There-

8 THE HISTORY OF THE [a. D. 1596.

fore desired Mr Robert to think of that matter, and after a day or two give him his advice in it." At the next meeting being inquired wliat he had thought of the business, he answered as before, saying, " That Huutly's return would be ill interpreted, and offend all good men." The king re- peating the former reasons, and adding, " That if ho brought one home he would bring them all ;" he replied, " I see, sire, that your resolution is to take Huntly in favour ; which if you do, I will oppose, and you shall choose whether you will lose Huntly or me ; for us both you cannot keep," This saucy reply the king did never forget, and it was this which lost him the favour which formerly he carried with the king.

Shortly after, the exiled lords not finding that respect given unto them in foreign parts which they expected, took a resolution to return, and to use all means for reconciUng themselves to the king and chiirch. And that their return might be the more secret, they separated one from another. ErroU taking his journey homewards through the United Provinces was intercepted, and delivered into the hands of Mr Robert Danielston, conservator of the Scottish privileges, to be kept by him till the king should be advertised. But, whether by the conservator's knowledge or otherwise, he made an escape and came into the country, Huntly came some months before, and lurking quietly in the north, sent a supplication to his majesty and the convention which met at Falkland the twelfth of August, the effect whereof was, that he might be permitted to return, and remain within any part of the country his majesty should appoint, he giving sufficient suret}^ for his quiet and peaceable behaviour.

The king having heard the supplication, took occasion to say, " That one of two courses was needful to be followed with him and the rest that were in his condition ; that is, either utterly to exterminate them, their race, and posterity, or then, upon their humble acknowledgment of their offence, and surety made for the state of religion, to receive them in favour ; for to continue in the condition wherein they presently were, could not stand either with the safety of religion, or with his own honour and estate. The first course," said he, " hath its own difficulties, and will not be performed without great trouble ; and for myself, so long as there is any hope til at they may be reduced to the profession of the truth, I

A. D. 1596.] CHURCH OF SCOTLAND. 9

desire not their destruction, but like rather to extend my clemency towards them ; which I believe is the mind of all good and peaceable men. As to the present offer made by Huntly, I do think it welP general, and to no purpose ; therefore by your advice I would have particular conditions condescended upon, such as may serve for the security of re- ligion, mine own honour, and the tranquillity of the country. Such conditions being offered, and security found for per- formance, I should then think that license might be granted him to return, he being confined in such a part of the country as should be thought most convenient." The convention, approving his majesty's judgment, resolved upon this as the fittest course, remitting the conditions to be formed by his highness and the lords of council.

In another convention of the Estates at Dunfermline, the penult of September, the same conclusion was ratified, and the baptism of the princess, who was born the nineteenth of August, appointed to be at Halyrudhouse the twenty-eighth of November next.

How soon this their return into the country was known, and that such an act was passed in their favours, the commis- sioners of the Church assembled at Edinburgh, where falling to consider the dangers threatened to religion by their return, it was thought necessary to acquaint all the presbyteries with the present state of things ; particularly that the forfeited earls were returned into the country without his majesty's warrant and approbation ; that they remained peaceably in the same, using all means to be restored to their livings, albeit they had neither acknowledged their offence in that treasonable dealing with the king of Spain, nor their defection and apostasy from the truth ; and that they had obtained an act of council in their favours at the convention of Falkland, which was rati- fied thereafter at Dunfermline, whereby they were licensed to remain upon certain conditions to be prescribed unto them by his majesty and council, to the manifest hazard both of Church and state, considering their continuance in the same disposition to work mischief as before. Of these things they were desired to inform their flocks ; and both in pubHc doc- trine and private conference to stir up the people to appre- hend the danger, and to be in readiness for resisting the same

' Very.

10 THE HISTORY OF THE [a, I>. 1596.

SO far as lavrfully they might. It was farther thought meet, that a pubhc liumihation should be indicted through the whole country the first Sunday of December, and the cause thereof declared to be the return of the excommunicated lords, and dangers thereby threatened to religion, which the ministers should enlarge according to their discretions ; as also that the presbyteries should call before them their entertainers, resetters, and such as kept company with them, and proceed summarily with the censures of the Church, una citatione, quia periclitatur salus Ecdesice et Beipublica;. Lastly, they concluded that a number of commissioners selected out of all the quarters of the country should reside at Edinburgh, and convene every day with some of the presbytery of Edin- burgh, to receive such advertisements as should be sent from other places, and take counsel upon the most expe- dient in every case. The brethren nominated to this pur- pose were Mr Alexander Douglas, Mr Peter Blackburn, Mr George Gladstanes, and Mr James Nicholson for the north parts ; Mr James Melvill, Mr Thomas Buchanan, Mr Alexander Lindsay, and Mr William Stirling for the middle part of the country ; Mr John Clapperton, Mr John Knox, Mr George Ramsay, and IVIr James Carmichael for the south ; and for the west Mr John Howson, Mr Andrew Knox, John Porterfield, and Mr Robert Wilkie. Their at- tendance was ordained to be monthly, and to begin in No- vember ; at which time Mr James Nicholson, Mr James Melvill, Mr Andrew Knox, Mr John Howson, and Mr George Ramsay were appointed to wait : Mr Robert Bruce, Mr Robert Pont, Mr David Lindsay, Mr James Balfour, Mr Patrick Galloway, and INIr Walter Balcanqucl observ- ing ordinarily all the meetings.

These conventions were by a new name called the council of the Church, and appointed to be kept once every day at least, for taking advice in every business that occurred. By direction of this council Lord Alexander Seaton, pre- sident of the session, was called before the synod of Lothian, for keeping intelligence with the earl of Huntly, and by them remitted back to that council ; before whom, with many attestations, he purged himself of any dealing with Huntly, or any of the papist lords, and, upon promise not to employ his credit that way, was dimitted.

A. D. 1596.] CHURCH OF SCOTLAND. 11

The king suspecting these beginnings should end in some trouble, but not liking to fall in contrary terras with the Church, if by any means the same could be eschewed, com- manded the president, secretary,, advocate, and laird of Colluthie, to confer with the most moderate of the ministry, and use their best means for satisfying them touching the return of the forfeited lords. Mr David Lindsay, Mr Patrick Galloway, Mr James Nicholson, and Mr James Melvill being sent for to this conference, were desired to give their opinions, " Whether or not, due satisfaction being made to the Church by these lords (for otherwise the king did not mean to show them any favour), they might be pardoned and restored to their estates." The ministers answering, " They came only to hear what was proponed, and in a matter of that importance could say nothing unac- quainting their brethren," the conference was delayed till afternoon ; at which time returning they said, " That the brethren were glad of the respect carried by his majesty to the Church, and that his resolution was to give no favour to those rebels till the Church was first satisfied. But in their judgments, they having by God's law deserved death, and being by the most sovereign court of the kingdom sentenced to have lost their estates, they could not be lawfully pardoned nor restored. And if the king and his council would take on them to do it, they had God and the country to answer unto ; but for them they would give no assent, but protest to the contrary that they were free thereof before God and man."

This answer seeming rather to proceed of passion than any good zeal, it was next urged, " Whether upon their humble and submissive suit to be reconciled, the Church could deny to receive them, it being commonly held, that the bosom of the Church should ever be patent to repenting sinners." They answered, " That the Church indeed could not refuse their satisfaction, if it were truly offered ; nevertheless the king stood obliged to do justice." When by no reasoning they could be wrought from these extrem- ities, the conference brake off, and the effects thereof being reported to the king, he was greatly commoved, inveighing against the ministers at his table, in council, and everywhere. The wiser sort, that foresaw the ill effects this rancour

12 THE HISTORY OF THE [a. D. 1596.

would breed, advised the ministers to send some of their number, to understand what it was that did so offend the king, and offer all satisfaction on their parts ; withal to lay open their grievances, and in humble manner entreat a redress of things which they esteemed hurtful.

Herein the same brethren being employed, they found the king's answers more biting and peremptory than they expected ; for being desired to show what it was that made his majesty so offended with the Church, and professing to amend it so far as lay in them, he said, there could be no agreement so long as the marches of the two jurisdictions were not distinguished ; that in their preachings they did censure the affairs of the estate and council, convocated general assemblies without his license, concluded what they thought good, not once desiring his allowance and approba- tion, and in their synods, presbyteries, and particular sessions, meddle with everything upon colour of scandal; besides divers other disorders, which at another time he would propound and have reformed, otherwise it was vain to think of any agreement, or that the same being made, could stand and continue any while.

The ministers not willing to dip in these matters, after they had in sober manner replied to each of these points, fell to speak of their own grievances. As first, the favour granted to the popish lords in the late conventions at Falkland and Dunfermline ; the countenance given to the Lady Huntly, and her invitation to the baptism of the princess ; the putting of her in the hands of the Lady Living- stone, an avowed and obstinate papist ; and, which grieved them more than anything else, the alienation of his majesty's heart from the ministers, as appeared by all his speeches public and private. To this last the king did first reply, saying, " That they had given him too just cause by their raiUng against him, and his proceedings, in their sermons." For the popish lords, he had granted nothing to them but what the estate had found needful for the peace and quiet of the realm. As to the Lady Huntly, he esteemed her a good discreet lady, and worthy of his countenance ; and that she was a papist they might blame themselves, who had never taken care to inform her of the truth. Lastly, for his daughter the princess, he had trusted her to the Lord Living-

A. D. 1596.] CHURCH OF SCOTLAND, 13

stone, a uobleman known to be of good religion, and not to his lady, who should not be suffered to take any care of her, unless she conformed in point of religion.

Whilst things thus passed betwixt the king and the Church, a new occasion of trouble was presented by Mr David Blake, one of the ministers of St Andrews, who had in one of his sermons cast forth divers speeches full of spite against the king, the queen, the lords of council and session, and amongst the rest had called the queen of England an atheist, a woman of no rehgion. This being delated to the Enghsh ambassador, he complained to the king, and thereupon was Mr David Blake cited to appear before the council the eighteenth of November. Mr Andrew Melvill accom- panying him to Edinburgh, did labour to make this a com- mon cause, giving out that the same was done only for a preparative against the ministers, to bring their doctrine under the censure and eontrolment of the king and council ; and so far he prevailed with the commissioners of the Church, as they sent certain of their number to entreat the deserting of the diet, saying, " It would be ill taken to draw ministers in question upon trifling delations, whenas the enemies of the truth were spared and overseen." The king, some days before, had published the conditions upon which he was to grant a protection to Huntly ; and asking these commissioners if they had seen the conditions, said, " That both he and the rest should either satisfy the Church in every point, or be pursued with all extremity, so as they should have no reason to complain of the oversight of papists." For Mr Blake, he said he did not think much of that matter, only they should cause him appear and take some course for pacifying the English ambassador. " But take heed," said the king, " that you do not decline the judicatory ; for if you do, it will be worse than anything yet fallen out."

\

Now the conditions proponed to Huntly were as foUoweth : That he should give sufficient and reasonable caution of inland-men and landed barons, to the number of sixteen at least, who should be acted in the books of council under the pain of forty thousand pounds (each two of the cautioners conjunctly and severally for five thousand pounds of the said

14 THE HISTORY OF THE [a. D. 1596.

sum), that he should faithfully observe and fulfil the whole articles undermentioned, and every one of them. As first, that betwixt that and the first day of April next to come, he should either satisfy the Church for his apostasy, and return to the bosom thereof in uniformity of rehgion, or before the expiring of the said time depart again forth of the country, and not return without his majesty's hcense,

2. Next, that during the said space, he should not receive in his company any Jesuit, mass-priests, or excommunicate papists, nor have any dealing, communication, or intelligence with them, especially with his uncle Mr James Gordon ; nor suffer his children, in case any be brought forth in the mean time, to be baptized by another than a minister.

3. That so long as he remained in the country, as likewise in case of his departing at the time aforesaid, he should not traffic with any stranger or others whomsoever for alteration of the true religion, or disquieting the state of the country in any sort.

4. That his former cautioners should remain obhged, in case after lawful trial it should be found that since his last departing he had trafficked with strangers for subversion of religion or the alteration of the state, in the sums for which they were bound.

5. That he should presently enter his person in ward within such a place as his majesty should appoint.

6. That, within fifteen days next, he should enter his eldest son and apparent heir as a hostage to his majesty for observing the articles before and after mentioned ; and that his said son should abide in such company, ward, or castle, as his majesty should appoint, where most conveniently he might be instructed in the true religion, and not escape by his father's knowledge or assistance.

Lastly, That he should compear personally before the council whensoever he should be called, upon fifteen days' warning, for trying the contravention of any of the articles above expressed ; providing the cause for which he should be charged were expressed in the letters, and warrant given him that he should not be challenged for any other fact done before his last passing forth of Scotland.

These articles the king caused to be imprinted, that all

A. D. 1596.] CHURCH OF SCOTLAND. 15

men might see he meant not to bestow any favour either upon him oi* the rest, unless they joined themselves to the rehgion publicly professed. Yet this served not to stop the mouths of people, nor did it remove the jealousy of the preachers, who were daily complaining " That papists were favoured, the ministers troubled for the free rebulce of sin, and the sceptre of Christ's kingdom sought to be overthrown. The process, they said, intended against Mr Blake was but a policy to divert the ministers from prosecuting their suit against the popish earls ; and if he should submit his doctrine to the trial of the council, the liberties of the Church and spiritual government of the house of God would be quite subverted. In any case therefore they concluded that a de- clinator should be used, and protestation made against these proceedings." This was held a dangerous course, and earnest- ly dissuaded by some few ; but they were cried down by the greater number, that said " it was the cause of God, whereunto it concerned them to stand at all hazard." So a declinator was formed and given Mr Blake to present, bearing this in substance :

" That howbeit the conscience of his innocency did uphold him sufficiently against the calumnies of whomsoever, and that he was ready to defend the doctrine uttered by him, whether in opening the words or in application ; yet seeing he was brought thither to be judged by his majesty and council for his doctrine, and that his answering to the pre- tended accusation might import a prejudice to the liberties of the Church, and be taken for an acknowledgment of his majesty's jurisdiction in matters merely spiritual, he was constrained in all humility to decline that judicatory for the reasons following : First, Because the Lord Jesus, of whom he had the grace of his calling, had given him (albeit un- worthy of the honour to bear his name) his word for a rule of his preaching, and that he could not fall in the reverence of any civil law, but in so far as he should be tried to have passed his instructions, which trial belonged only to the prophets and pastors, the spirits of the prophets being sub- ject to them alone ; for as first it must be declared whether he had kept his instructions or not. 2. In regard the liberty of the Chm'ch and discipline presently exercised was con- firmed by divers acts of pai'liament, and the office-bearers

16 THE HISTORY OF THE [a D. 1596.

thereof peaceably possessed therein, particularly in the judi- catory of the word preached (as was clear by divers late examples), he ought to be remitted for his preaching to the ecclesiastic senate, as his competent judge in the first instance. For which and for other weighty considerations, and namely for eschewing the inconveniences that might fall to religion and his majesty's own estate, by the appearance of distrac- tion and aUenation of his majesty's mind from the ministry and the cause of God in their hands, he for himself, and in name of the commissioners of the General Assembly, who had subscribed the same declinator, did humbly beseech his majesty not to infringe the liberties of the Church, but rather manifest his care in maintaining the same."

When the diet came, and the summons was read, being desired to answer, he said, " That albeit he might object against the citation, the same being directed super inquirendis, contrary to the form prescribed by parliament, and no par- ticular specified therein, yet he would take him to the usual remedy of law, and desire to be remitted to his own ordinary." It was asked what ordinary he meant ? He answered, " The presbytery wh^e the doctrine was taught." The king then replying that the matter laid to his charge was civil, and that the generality of the summons was restricted to the particular letter produced by the English ambassador, he said, " That the speeches wherewith he was charged being uttered in pulpit must be judged by the Church, in prima instantia." Again being inquired whether the king might not judge matters of treason, as well as the Church did judge points of heresy, he said, " That speeches deUvcred in pulpit, albeit alleged to be treasonable, could not be judged by the king till the Church took first cognition thereof ; but that he was not come thither to solve questions, and so pre- sented the declinator." The king, notwithstanding that he was greatly offended (because the day appointed for the baptism of the princess was approachmg), continued all farther proceeding to the last of November.

Meanwhile had the commissioners for the Church sent a copy of Mr Blake's declinator with a letter to all the presby- teries, requiring them for the greater corroboration of their doings to subscribe the same, and to commend the cause in hand in their private and public prayers to God, using their

A. D. 1596.] CHURCH OF SCOTLAND. 17

best credit with their flocks, and employing all their labours for the maintenance thereof. The king being mightily in- censed with this doing, as tending to a direct mutiny, and the stirring up of the subjects to rebellion, gave forth a pro- clamation, wherein he said :

" That certain persons of the ministry abiding in the town of Edinburgh had of long time continued together devising plots prejudicial to his majesty's authority, and, usurping a power over their brethren, had directed letters for subscrib- ing a declinator formed and already subscribed by themselves, requiring them with the return of their subscriptions to send some of their number to assist their proceedings, as though they were not subjects, and that the king had no power nor authority over them, intending, as appeared, by convocations and the like tumultuous forms, to break the peace and make an insurrection in the country ; whereas no care in the mean- time was taken of their flocks, but the same left comfortless and destitute of the preaching of the word ; all which they coloured with a general commission alleged to be given by the last General Assembly ; albeit there was no such com- mission, that which they produced containing only a power to consult and report, and not to set down acts, or exercise any jurisdiction : and granting that any such a commission had been given, the same could not be lawful, as given with- out the consent and approbation of his majesty's commis- sioners, who were present at the time. Therefore to prevent the disorders and confusion which therethrough might arise, his highness, with the advice of the council, discharged the said commission as unlawful in itself, and more unlawfully executed by the said commissioners ; commanding the per- sons underwritten, namely, Mr Andrew Melvill, Mr James Melvill, Mr John Davidson, Mr Nicoll Dalgleish, Mr James Nicholson, Mr James Carmichael, and John Clapperton, to depart home to their several flocks within twenty-four hours after the charge, and to attend upon the lawful discharge of their caUings, and noways to return for keeping such unlaw- ful convocations, either within the said burgh or without, under the pain of rebellion,"

The commissioners, upon information that such a charge was directed, fell to consult what course they should take ; and first they resolved, " That since they were convened by

VOL, III, 2

18 THE HISTORY OF THE [a. D. 1596.

the warrant of Christ, in a most needful and dangerous time, to see unto the good of the Church, Et ne quid Ecclesia de- trimenti caperet, they sliould obey God rather than man ; and, notwithstanding of any charge that shoidd be given, continue together so long as conveniently they might, and in the mean time send some of the number to the Octavians (this was the title commonly given to those eight councillors that were trusted with all affairs), to advertise them, that seeing the Church at their entry to their places enjoyed a full peace and liberty, and that now it was cast into great troubles,' and the enemies of the truth spared and overlooked, they could not but think that all this proceeded from their counsels ; and therefore whatsoever the event should be, the Church would take herself to them, and they only sliould bear the blame." The president answering in choler said, " That these controversies were begun without their advice, and so they should end ; that for their good service they had reaped small thanks, and drawn upon themselves much envy, and therefore would have no meddling in that business betwixt the king and them, but leave it to him and his nobility."

This answer put them to a second advice, and thinking they were mistaken, and that these councillors were not in the fault, but that all proceeded from the king himself, they sent Mr David Lindsay, Mr Robert Rollock, Mr James Nicholson, and James Melvill, to declare unto his majesty the great inconveniences that were like to arise upon this hard dealing with the Church, and humbly entreat a surcease of the process intended against Mr David Blake, and that all other controversies might be left off till some order was taken with the papists, and an assembly convocated for deciding these questions to his highness's content. The king answer- ed, " That it was not his fault, and that he was no less dis- pleased than they were with the controversies arisen ; and that yet if they would pass from the declinator, or declare at least that it was not a general, but only a particular de- clinator, used in the cause of Mr David Blake, as being a cause of slander, and pertaining to the judgment of the Church, he should also pass from the summons and cease his pursuit."

This yielding offer of the king was by the advice of the wiser sort thought good to be accepted, that there might be

A. D. 1596.] CHURCH OF SCOTLAND. 19

an end of contention ; " for if," said they, " we go to try our strength with the king, we shall be found too weak. As yet the court stands in some awe of the Church, and whilst they are in this conceit, it shall be meet to take the best conditions we can have ; for if by our strictness matters go to the worst, our weakness shall soon appear, and thereafter shall the Church be no more feared nor regarded ; too great stiffness doth seldom succeed well, and it is often seen, that they who will have all their wills, do lose all in the end." This was the reasoning of the wise and more moderate sort. Others flattering themselves in their preciseness held, " that the only way to prevail was to stand by their grounds ; the cause was God's, which he would maintain ; that worldly powers were not to be feared ; and that God had in his hand the hearts of princes to turn them whither he pleased, where- of in the present business they had seen a proof." The debate held long, and, in end, by most voices it was concluded that they should stand to the declinator, unless the king would pass from the summons, and, remitting the pursuit to the ec- clesiastical judge, make an act of council, that no minister should be charged for his preaching, at least before the meeting of the General Assembly. The king, perceiving his offer neglected, Avas in great wrath, and told them who were sent unto him, that he would hearken to no agreement unless they should pass simply from the declinator, and cause Mr Blake compear, and acknowledge the judicatory. Which being refused, the proclamation was published, the commis- sioners charged to depart forth of the town, and Mr Blake by a new summons cited to the last of November.

The next day being Sunday, and the day of the princess's christening, the same was kept in the palace of Halyrudhouse with great joy and feasting. The English ambassador did name the Princess Elizabeth after the queen his mistress, the town of Edinburgh by the magistrates assisting as witnesses, such honour did the king unto them. But all that day in the town churches were bitter invectives made against the two proclamations ; for besides the charge given the commis- sioners to leave the town, by another proclamation the barons, gentlemen, and all other subjects were discharged to convene with the ministry, either in presbyteries or synods, or any other ecclesiastical meetings, under whatsoever colour or pre-

20 THE HISTORY OF THE [a. D. 1596.

tence, without his majesty's license. These things were mightily aggravated by the preachers, and the people ex- ceedingly stirred; at which the king more and more offending, he resolved to keep the diet assigned for Mr Blake's appear- ing in the council-house of Edinburgh, accompanied with his nobles that were present at the baptism.

The commissioners advertised of this (for all that time some gentlemen of the chamber, in hatred of the Octavians, gave intelhgence of every thing that was intended), did form a petition to be presented to his majesty and the noblemen, consisting of three heads. '• First, they entreated the king, that seeing the decision of such thorny and intricate questions as were moved at that time to the trouble of the Church could work no good, and was subtilcly urged only to engender a dissension between hismajest}^ and the ministers, he would be pleased to remit the determination thereof to a lawful as- sembly, and not to encroach upon the limits of Christ's kingdom upon any pretence, bending his actions, according to the present necessity, against the common enemies of re- ligion and state. Next, they exhorted the noblemen to give his majesty a free and faithful counsel in that business ; and as to the honom* of God and their own just praise, they had kept themselves free both in counsel and action from work- ing any prejudice to the liberty of the gospel, so they would not suffer themselves to be drawn at that time under the guiltiness of so great a sin by the craft of those who w^ere subtilcly seeking the thraldom of the gospel, and thought to make their honours the executors of their malicious devices. And, thirdly, that by their credit they would procure a continuation of all controversies unto a free and lawful as- sembly, where the same might be gravely reasoned and concluded." This petition was given to Mr David Lindsay, Mr Robert Bruce, and Mr Robert Rollock, to be presented ; and if the same was refused, they were enjoined to protest against the proceeding of the council.

The king receiving the petition, after he had overviewed it, did reject the same as not worthy of answer, commanding to call Mr Blake, and read the summons. Therein he was charged. First, to have aflSrraed in pulpit that the popish lords were returned into the country with his majesty's knowledge, and upon his assurance, and said that in so

A. D. 1596.] CHURCH OF SCOTLAND. 21

doing he had " detected the treachery of his heart." Secondly, that he had called all kings " the devil's bairns," adding that " the devil was in the court and in the guiders of it." Thirdly, that in his prayer for the queen he had used these words, *' We must pray for her for the fashion, but we have no cause, she will never do us good." Fourthly, that he had called the queen of England an atheist. Fifthly, that he had discussed a suspension granted by the lords of session in pulpit, and called them miscreants and bribers. Sixthly, that, speaking of the nobility, he said they were " degenerated, godless, dissemblers, and enemies to the Church." Likewise speaking of the council, that he had called them " holiglasses, cormorants, and men of no religion." Lastly, that he had convocated divers noblemen, barons, and others within St Andrews in the month of June 1594, caused them take arms, and divide themselves in troops of horse and foot, and had thereby usurped the power of the king and civil magistrate. After reading of the summons Mr Robert Pont pro- tested, that the process in hand and whatsoever followed thereof should not prejudge the liberty of the Church in matters of doctrine. The king answered, " That he was not to meddle with any matter of doctrine, but to censure the treasonable speeches of a minister in sermon, which he and his council would judge, except by clear scripture it should be proved that ministers were not subject in these cases to his judicatory." Thereafter Mr Blake being com- manded to answer, said, that all these accusations were false, and untrue calumnies, producing two testimonials, one of the provost, baiUes and council of St Andrews, the other of the rector, dean of faculty, professors, and regents of the uni- versity, which he alleged should be preferred to any report whatsoever. Next he said that, for the first six points, the lords of coimcil were not competent judges, the speeches alleged being uttered in pulpit, but the same ought to be censured by the presbytery where the sermon was de- livered. And then repeating his former declinator, presented a new one, in substance the same with the first. For the last point he made offer to submit himself to the trial of the king and council. Being removed, and the decUnator put to voices, it was found, " That the crimes and accusations con- tained in the summons were seditious and treasonable ; and

22 THE HISTORY OF THE [a. D. 159G.

that his majesty, his council, and other judges substitute by his authority, were competent judges in all matters cither criminal or civil, as well to ministers as to other subjects." This pronounced, the witnesses were called and admitted, but their examination was delayed to the next day.

After the council dissolved, the prior of Blantyre, treasurer, and Alexander Home, provost of Edinburgh, were sent from the king to show the ministers, that notwithstanding of that his proceeding against Mr Blake, he did not mean to use him with rigour, but if they should move him to come and resolve his majesty touching the truth of the points libelled, he would rest upon his own declaration, and send him back to his charge ; so careful was the king of peace, and so desirous to be in good terms with the Church. Night was then fallen, and the commissioners gone to their lodgings ; yet finding Mr Robert Bruce, Mr Robert Rollock, Mr James Nicholson, and Mr James Melvill together, they declared what they had in commission to declare to the whole number. Mr Robert Bruce answering in the name of the rest, said, " That if the matter did touch Mr Blake alone the offer might be accepted, but the liberty of Christ's kingdom had received such a wound, by the proclamations published the Saturday preceding, and that day by the usurpation of the spiritual judicatory, as if Mr Blake's life and the lives of twenty others had been taken it would not have grieved the hearts of good brethren so much as these injurious proceed- ings had done ; and that either these things behoved to be retreated, or they would oppose so long as they had breath."

This answer reported, the king the next morning calling some two or three of the ministers unto him, did confer with them a long space, showing that he was so far from impair- ing the spiritual jurisdiction or abridging any of the Church liberties, as he would not only maintain them in what they en- joyed, but would enlarge and amplify the same, when he saw it to be for their good ; " but this licentious discoursing," said he, "of affairs of state in pulpit cannot be tolerated. My claim is only to judge in matters of sedition and other civil and criminal causes, and of speeches that may import such crimes, wheresoever they be uttered ; for that the pulpit should be a place privileged, and, under colour of docti-inc, people

A. D. 1596.] CHURCH of Scotland. 23

stirred to sedition, no good man I think will allow. If treason and sedition be crimes punishable when they are committed, much more if they be committed in the pulpit, where the word of truth should only be taught and heard." One of the ministers answering, that they did not plead for the privilege of the place, but for the respect that was due to the message and commission they carried, which having received of God, the same ought not to be controlled in any civil judicature. " Would you keep you to your message (said the king), there would be no strife ; but I trust your message is not to rule estates, and, when courses dislike you, to stir the people to sedition, and make your king and those that rule under him odious by your railings and outcries." " If any do so," said the minister, " and be tried to have passed the bounds, it is reason he be punished with all extremity ; but this must be cognosced by the Church." " And shall not I (said the king) have power to call and punish a minister that breaketh out in treasonable speeches, but must come to your presbytery and be a complainer? I have good proof in the process with Gibson and Ross, what justice you will do me: and were it in a doubtful and am- biguous case, where by any colour the speeches might be justified, it were some way favourable to say that the minister should be called and convict by his brethren ; but as in the present action with Mr Blake, who hath said, * The treachery of the king's heart is discovered ; all kings are the devil's bairns, &c.,' who sees not that the man hath passed his bounds, and not kept him to his message ? I am not ignor- ant what agitations France of late, and England in former times, hath suffered by the violence of such spirits, and I have been in my time reasonably exercised with them, and ye must not think that I will tolerate such licentiousness. As for any lawful power or liberty ye or your assemblies have granted either by the word of God or by the laws of the kingdom, I mean not to diminish the same ; and if ye think meet, I will publish so much by a declaration for satisfying you and all other my subjects,"

With this the ministers were dimitted, who having related the conference they had with his majesty to the rest of their brethren, it was agreed, in regard of the many inconveniences which might ensue upon these distractions betwixt his majesty

24 THE HISTORY OF THE [a. D. 1596.

and the Church, that if they could obtain a declaration in council that by the acts and proclamations published his majesty did not intend to discharge any church-assembly, nor to annul any conclusion thereof, but that the same should stand in force as they had been in use by the warrant of the word and approbation of his highness's laws, and that the discharse of barons and gentlemen to convene with the min- isters was not extended to any ecclesiastical conventions, but only meant of their convening in arras, matters should be passed over for the present ; the interlocutor in Mr Blake's business not being used against him nor any other minister, until a lawful General Assembly, wherein the question con- cerning the limits of the civil and the spiritual jurisdiction might be reasoned and defined.

This being proponed, the king assented to the declaration craved, offering fi\rther to delete the acts whereupon the proclamations were founded. And for Mr Blake, he was content that he should be brought to his presence, and de- claring upon his conscience the truth of the points libelled, in the hearing of Mr David Lindsay, Mr James Nicholson, and INIr Thomas Buchanan, they three should have power to determine what they thought meet. The business was now thought to be at an end, but in the afternoon, by the suggestion, as it was supposed, of the president, the king- would have jNIr Blake to come before the council, and ac- knowledge his offence to the queen ; which done he should be pardoned of all. This Mr Blake refused, saying, " he would neither condemn himself, nor approve the proceedings of the council, who, having taken upon them to judge of liis sermons, had admitted a sort of ignorant and p.artially affected people to be witnesses against him, rejecting the testimonies of the town and university." When by no persuasion he could be moved unto it, the king went to council, and the same day, it being the second of December, caused read the deposition of the witnesses, who did clearly testify that all the speeches libelled were uttered by Mr Blake in pulpit. Thereupon sentence was given, that he had falsely slandered and treasonably calumniated the king's majesty, his bed-fel- low the queen, his neighbour princess the queen of England, the lords of his highness's council and session, and therefore (his punishment being remitted to the king) it was ordained.

A. T). 159C.] CHURCH OF SCOTLAND. 25

that till his majesty's pleasure should be declared, he should be confined beyond the north water, and enter to his ward within six days.

Notwithstanding of this sentence the day following a new treaty began, which continued some ten days, and was like to have produced an agreement ; for the king was content, as before, to delete the acts of council at which the ministers took offence, by writing on the margin of the book accord- ing to the custom of deleting acts, " This matter is agreed, and the act delete." He was hkewise pleased to amend the nar- rative of the proclamation, turning that upon the papists and enemies of religion that was said of ministers ; and for Mr Blake's business, was content that the interlocutor pronounced should not be made a preparative against any other minister, and that none should be called upon their preaching before the council, till it was found in a lawful Assembly that the king might judge of those that passed their bounds in doc- trine ; providing he might in the mean time be assured of the good behaviour of the ministers, and that they should not speak unreverently of him or of his council, which assurance he would have in writing. Some punishment also he would have afflicted on Mr Blake, as either to transport him from St Andrews to another congregation, or suspend him for a time from his charge : punishments not very rigorous, nor answerable to the quality of the offence.

The commissioners being herewith advised, liked well of all, the last excepted. " A punishment," they said, " could not be inflicted where no cognition had proceeded : for as to the trial taken, neither was it done by the proper judge, nor was that equity observed which ought to have been ; witnesses that were under the censures of the Church, and ill-affected to Mr Blake, being admitted to depone against him." This reported to the king, he made offer to name twenty persons against whom no exception could be alleged, and to give Mr Blake his choice of seven or eight of that number, who should be of new examined touching the verity of the speeches whereof he was accused : if they upon their consciences did absolve him, he should rest satisfied ; if otherwise, he would crave him to be deposed. But this came to no effect, nor could any overture, albeit divers were proponed, serve to work an accord, so as the communing brake off, and

26 THE HISTORY OF THE [a. D. 1596.

greater displeasures arose on both hands than before. For the commissioners having directed two of the brethren to show the king, " That since they could obtain no redress for the wrongs done unto Christ's kmgdom, and saw nothing but that the enemies of the truth were favoured, and the faithful pastors of the Church reviled and pursued, they could not abstain from opposing these proceedings with the spiritual armour given them by God ;" and did therefore in- dict a fast to be kept the Sunday following, being the twelfth day of December, with solemn prayers for averting the judg- ments which the present courses did threaten.

The king, on the other side, made his displeasure and the scorn he took of these proceedings known by a declaration pubhshed on the fifteenth day, wherein he showed, " That out of a desire he had to keep peace with the ministers he did condescend to abstain from troubling them in any case bygone, until by a convention of the Estates, and a General Assembly of the ministry, the difference between the civil and ecclesiastical judgments might be removed ; providing they should promise not to disgrace him and his proceedings in their sermons, which he was in hope to obtain by sundry conferences and meetings that he had kept with some of them, till at last publicly they had opposed themselves in pulpit by approving the doings of Mr David Blake, accusing himself of persecution, and falsely suggesting to the people that all church assemblies were discharged ; whereas his resolution was and is to maintain religion and the Church discipline es- tablished by law, and to suffer nothing to be done in prejudice thereof by whomsoever. Which his highness thought good to make known to all his subjects, ordaining all ministers to subscribe their obedience to his majesty, and set their hands to the bonds which should be presented to them for that effect, under the pain of sequestering their rents and stipends, aye and while they gave the obedience required." The same day was Mr Blake charged to go unto his ward, and the commissioners of new commanded to remove them- selves forth of the town.

How soon they were gone, the secretary Mr John Lindsay, thinking the ministers of Edinburgh would be more tractable being left to themselves, did move the king to send for them, and make a fresh proposition for settling these divisions.

A. D. 1596.] CHURCH OF SCOTLAND. 27

But they refusing to enter in any communing, except the commissioners were recalled by as public a proclamation as that whereby they were discharged, hope was given that the next day the same should be done, and all questions laid over unto their return ; which some of the king's chamber having understood, and fearing if matters were once accorded the Octavians (against whom they were chiefly set) should continue in their employment, among other reports they in- formed the king that a nightly watch was kept in Edinburgh about the ministers' houses for fear of some violence to be offered unto them, which laid a heavy imputation upon his majesty, and that the ministers would never be quiet till these factious people were put forth of the town. The ad- vice, as truly meant, was hearkened unto, and direction given to some twenty-four of the burgesses that were best affected to the ministers to depart the town within the space of six hours. This they knew woidd be ill taken by the ministers ; and, to put them in a greater fear, they did advertise them by a counterfeit letter to look unto themselves, because Huntly had been with the king that night late, and caused that charge to be given. This letter sent to Mr Robert Bruce was by him communicated to Mr Walter Balcanquel, whose course it was to preach that morning ; and they both, apprehending the information to be true, did think it the safest way for themselves to make the people advertised of the danger. So when the hour of sermon came, the preacher reading his text out of the book of Canticles, which was his ordinary at the time, and taking occasion to speak of the present troubles of the Church, he made a particular relation of the proceedings and treacherous forms (so he called them) wherewith they were used by the court, laying the whole blame upon the president, controller, and advocate, whom he particularly named, and used with most reproachful terms. Then turning to the noblemen and barons, he put them in mind of the zeal which their predecessors had showed in planting religion, and exhorted them with the like courage and constancy to maintain the same. Having closed the sermon with a prayer, as use is, he requested the noblemen and barons to meet in the Little Church for assisting the min- istry with their best advice.

28 THE HISTORY OF THE [a. D. 1596.

There assembled in the place many people besides those that were desired, and so great was the throng as the minis- ters could hardly find entrance. Mr Robert Bruce at last having made way unto himself, went to the table where the noblemen and barons were placed, and after a short prayer declared in what danger the Church was brought by the re- turn of the popish lords ; how they had regrated the case to the king, and when they expected that order should have been taken therewith, a new business was moved, and one of their brethren called in question for his preaching, about which they had been in a long conference, but could come to no end ; and that now at last the best affected of their people were charged to leave the town, whereby they were brought to suspect some worse practices. They did therefore request them humbly to intercede and entreat his majesty that they might be permitted to serve God in their callings without molestation. The desire seeming reasonable, the Lords Lindsay and Forbes, with the lairds of Bargenny and Buchan, Mr Robert Bruce, and Mr William Watson were chosen to prefer the petition.

By some occasion the king was that day come to the ses- sion, and being in the upper house, the lords with these others were admitted ; where Mr Robert Bruce taking the speech said, " That they were sent by the noblemen and barons convened in the Little Church, to bemoan the dangers threatened to religion by the dealing that was against the ministers and true professors." " What dangers see you?" said the king. " Under communing," said he ; " our best af- fected people, that tender religion, are charged off the town ; the Lady Huutly, a professed papist, entertained at court, and it is suspected that her husband is not far off." The king leaving that purpose, asked " who they were that durst convene against his proclamations?" The Lord Lindsay in passion replied, " That they durst do more than so, and that they would not suffer religion to be overthrown." Numbers of people were at this time thronging unmannerly into the room ; whereupon the king not making any answer arose, and went down to the lower house where the judges do sit, commanding the doors to be shut. They that were sent re- turning to the church show that they were not heard, nor was there any hope, so long as the counsellors remained

A. D. 1596.] CHURCH OF SCOTLAND. 29

about the king, that they should receive any favourable answer, and were therefore to think of some other course.

" No course," said the Lord Lindsay, " but one; let us stay together that are here, and promise to take one part, and advertise our friends and the favourers of rehgion to come unto us ; so it shall be either theirs or ours." Upon these speeches followed such a clamour and lifting up of hands, as none could hear Avhat another spake. The sedition increas- ing, some cried to arm, others to bring out Haman (for whilst the lords were with the king, Mr Michael Cranston, minister of Cramond, had been reading to the people that story) ; others cried, " The sword of the Lord and of Gideon :" and so great was the fury of the people, as if one of the deacons of crafts, called John Watt, had not kept them back with a guard of craftsmen that followed him, they had un- doubtedly forced the doors, and wrought some mischief. Sir Alexander Home, provost of the town, was then lying sick ; yet being told what a tumult was raised, he came to the street, and, as he was wise and skilful in the handling of people, with his fair speeches brought them after a little time to lay down their weapons and retire to their lodgings.

The commotion thus raised, the king directed the earl of Mar, the Lord Pittenweem, and the laird of Traquair to confer with the ministers, and ask the cause of the tumult. They were then walking at the back of the church (for the tumult had scattered the meeting) ; and professing a great dislike of that which had happened, besought the noblemen to show the king that they were not in fault, and had done their best to appease the multitude. The cause, they said, to their conjecture was, that his majesty refused to hear their petition, which they knew came not of himself, but of others. The earl of Mar replied, that any reasonable petition would be heard and answered, being preferred in a dutiful manner ; wherefore they should do wisely to go together and supplicate his majesty for remedy of these things wherein they were grieved. Whereupon they re- turned to the Little Church, and after a short deliberation sent the Lord Forbes, the laird of Bargenny, and Mr Robert Rollock with these petitions. " First, That all which had been done in prejudice of the Church the last four or five weeks might be rescinded. Next, That in the things which

30 THE HISTORY OF THE [a. D. 1596.

concerned the Church, the president, controller, and advocate should have no voice, as being suspected in religion, and opposite enemies to the Church. Thirdly, That the citizens of Edinburgh who were charged to leave the town might be permitted to stay at home, upon surety to appear when- soever they were called." The king answering very calmly, said, " That his doings had been greatly mistaken by the ministers ; and that as these controversies were moved against his will, so he wished nothing more than to have them quietly settled. But that it could not stand with his honour to rescind so hastily the conclusions taken in council, nor to remove councillors from their places upon naked suspicions, except somewhat could be verified that might disable them. At afternoon he should call the council, and sat- isfy them in every thing which with reason they could desire. For the citizens, he said, that the supplication made in their behalf would come better from the provost and baihes of the town, and the same upon their petition should be granted." With these answers the Lord Forbes and the rest returned ; and with them the Lord Ochiltrie and laird of Cessford were sent by the king to desire them to put their petitions in reasonable terms, and await on the council at two of the clock. Matters thus quieted, the king with the lords went down the street peaceably to his palace.

At afternoon the noblemen and barons assembling with the ministry, after long reasoning, did condescend upon the sup- pUcation and articles following :

" In most humble manner, we, the noblemen, barons, gentlemen, burgesses, and ministers, this day by the mercy of God convened, do beseech your majesty to apprehend the great danger wherein the state of religion, commonwealth, and your majesty's own honour and person are brought by the means of crafty and deceitful councillors, who respecting only their own preferment and standing, labour to sile your majesty's eyes, that you should not perceive their courses : for albeit it hath pleased God to endue your majesty with knowledge, wisdom, and graces, beyond all the princes that have ruled this kingdom at any time, yet it is no strange thing to behold good kings brought upon ill courses by the devices of such as pretend love, but in very deed hate them maliciously. That such courses are now in hand ; please

A. D. 1596.] CHURCH OF SCOTLAND. 31

your majesty to consider what a division is made and enter- tained between your majesty and the Church, who were ever to this time inseparably joined ; and how under coloured pretexts the liberty of preaching, and faithful apply- ing of the word, is sought to be restrained and taken away, which cannot but bring many evils and inconveniences with it, as this day's tumult may partly teach. And now seeing, blessed be God, the same is settled without the harm of any person, for preventing the like, or worse, we humbly desire the articles following to be weighed and considered by your majesty :

"1. That professed papists, processed by the Church, be not suffered to reside at court ; and that the Lady Huntly and Lord Sanquhar be removed and sent home.

" 2. That Alexander Seaton, president, Mr Thomas Hamilton, advocate, and Mr James Elphingston, be not admitted to sit in council, at least when the cause of religion and matters of the Church are treated ; seeing they are enemies to the quietness thereof, and have by then' devices I'uised the troubles that presently do vex the same.

" 3. That the acts of council, proclamations, decreets, and interlocutors passed in prejudice of the Church and ministers these last five weeks, be rescinded and annulled.

" 4. That the commissioners of the Church be recalled by proclamation, and the burgesses of the town permitted to re- main and attend tlieu' callings.

" 5. That the bond advised by the foresaid enemies to be subscribed by all the ministers, under the pain of losing their benefices and stipends, be discharged, seeing the same is pre- judicial to the liberties of the gospel, and that commission be given, as use is, to modify stipends, for the present year.

" Lastly, That an act of council be made, allowing the pro- ceedings of the Church, and the concurrency given them by the noblemen, barons, and others in the present action."

It was late and the night fallen before these articles were put in form, the day being then at the shortest ; the persons chosen to present them were the lairds of Bargenny, Pitt- arrow, Faldonside, Mr David Lindsay, and Mr Robert RoUock. Before their coming the council had concluded not to receive the petitions, as was promised, and to commit those that did present them ; yet doubtful what might be the event

32 THE HISTOKY Ol' THE [a. D. 1596.

thereof, it was thought fitter to terrify them from presenting the same. For this cfiect the Lord Ochiltrie was appointed to meet them at the outer gate, who drawing Bargenny aside advised him to go back, because of the anger which the king had conceived, and to meddle no more in that business ; for the king, he said, knew ho was brought upon it unwillingly, and would excuse his part, if he went no farther. Bargenny, forethinking his employment, and not knowing how to colour it to his associates, the Lord Ochiltrie drew them aside, and said that he had brought the laird of Bargenny to the town for affairs that did nearly touch him, and that he did not think to meet with such business at his coming, therefore de- sired them to have his friend excused for that time ; and seeing they were a number sufficient to do the errand, they might go to it, or, if they pleased to delay the same to the next morrow, he should be with them. They ansAvered, that they were also little foreseen at their coming of those matters as he was, and seeing they were all joined in one commission, if he who was the principal did decline it, they could do nothing by themselves ; and so the business was left for that night.

In the morning early the king and council departed to Linlithgow, leaving a proclamation, which was presently published at the market-cross of Edinburgh, of this tenor : " That the king, considering the late treasonable uproar moved by certain factious persons of the ministry of Edin- burgh, (who after they had uttered most seditious speeches in pulpit, did convene a number of noblemen, barons, and others in the Little Church, and sent some of their number to his majesty, being then in the upper house of session, using him in a most irreverent manner, and with speeches ill-beseeming any subject ; and tliat a multitude of the townsmen by per- suasion of the said ministry had treasonably put themselves in arms, intending to bereave his majesty and his council of their lives), did think the said town an unfit place for the mi- nistration of justice, and had therefore ordained the lords of session, the sheriffs, commissars, and justice, with their several members and deputies, to remove themselves forth of the town of Edinburgh, and be in readiness to repair unto such places as should be appointed ; commanding in like sort all noblemen and barons to despatch unto their houses, and not

A. D. 1596.] CHURCH OF SCOTLAND. 33

to presume to convene either in that or any other place Avithout his majesty's license, under the pain of his highest displeasure."

This proclamation, with the king his sudden departing, wrought a great alteration in the minds of the people. They began then to see their error, and looked heavy one upon another. The better sort being in a great perplexity what they should do, called their council together, but could not resolve what course to take. To follow the king and plead for the town, they could not think any of them would be ac- cepted (and it being the last day of the week, hardly would any others undertake the employment) ; so as they saw no way but to be quiet till they heard what the king and council concluded to do. But the ministers persisting in their first resolution laboured to have the noblemen and barons remain together, and to send for others well affected in re- ligion, who, as they thought, would join in the cause. A bond to this effect was drawn up, and subscribed by some few. The council of the town excused themselves, saying, " Their good will was known, and that they were not to leave their dwellings ;" which m.ade divers keep back their hands. Always it was thought meet that the ministers should write to the Lord Hamilton and the laird of Buccleuch, of whose assistance they held themselves assured, entreating them to repair to the town and countenance the cause ; as likewise that the rest of the ministers in the country should be convened as unto a General Assembly, and desired to bring with them the best affected gentlemen within their parishes.

They were at the same time in a long deliberation, whether or not they should excommunicate the Lord Presi- dent and Advocate, which divers urged. The Controller was in some better opinion with them, by reason of a message sent quietly to Mr Robert Bruce. But in end they resolved to continue that business to the meeting of the Assembly, when the sentence might be pronounced with greater au- thority. Meanwhile, to keep the people in a good disposition, a fast was proclaimed through the city, and sermons of pre- paration ordained to be made that afternoon in all the churches.

A minister named Mr John Welch, making offer to supply the place in the High Church, was allowed to preach, who

VOL, III. 3

34 THE HISTORY OF THE [a. D. 1596.

taking for his theme the epistle sent to the angel of the church of Ephesus, did rail pitifully against the king, saying, " He was possessed with a devil : that one devil being put out seven worse were entered in place ; and that the subjects might lawfully rise, and take the sword out of his hand :" which he confirmed by the example of a father that falling in a frenzy might be taken by the children and servants of the family, and tied hand and foot from doing violence. A most execrable doctrine and directly repugnant to holy scriptures ; which yet was taken by many of the hearers as a sound and free application. So ready are men to flatter themselves in wickedness, and even to justify impiety itself. A rumour was then also dispersed throughout the town, that in the day of tumult the earl of Erroll did come to the Queensferry with five hundred horse, and was gone back upon report of the stir. This upon the Sunday took up a great part of the ministers' sermons, and was brought to justify the multitude's proceedings, as though they had been directed by a secret providence to disappoint the wicked practices that were in hand. A manifest forgery it was, yet believed at the time by foohsh and credulous people.

The messenger sent to the Lord Hamilton was at his coming well received. At first the nobleman made a show that he would go for Edinburgh ; but upon better advice he turned to Linlithgow, and taking the copy of the letter that was sent unto him (for he rendered the principal to the bearer), he showed the king what an invitation he had from those at Edinburgh. The king at sight of the letter grew exceeding angry, for therein, after a short narrative of the injuries the Church had received by the malice of some counsellors, it was said, " That the people animated by the word and motion of God's Spirit had gone to arms, and that the godly barons and other gentlemen that were in town had convened themselves, and taken on them the patrociny of the Church and her cause, only they lacked a head and special noblemen to countenance the matter ; and since with one consent they had made choice of his lordship, their desire was that he should come to Edinburgh with all convenient diligence, and utter his affection to the good cause, accepting the honour which was offered untahim."

This letter, indited by Mr Robert Bruce, and subscribed

A. T). 1596.] CHURCH OF SCOTLAND. 35

by him and Mr Walter Balcanquel, was of all that yet had happened the worst, nor could it receive any good construc- tion ; for albeit in an apology afterwards set forth it was said to be penned only to please the nobleman, who was of an ambitious humour, yet put the case he had accepted, and taken upon him to be their head, as he was desired, who can tell what mischief might have ensued, and if it might not have turned to the wreck and ruin of many innocents ? But faults follow one upon another, and when men have once passed bounds they run easily into error.

On Monday early a charge was directed to the provost and baihes for imprisoning the ministers ; but they upon some advertisement fled, and went to Newcastle in England. The town the same day sent John Arnot, Hugh Brown, George Heriot, and John Watt, to purge themselves of the tumult, and offer their obedience in every thing his majesty and council should be pleased to enjoin for repairing the in- dignity and dishonour done to his highness ; providing they should not be thought guilty of the crime, which from their hearts they detested. But the king would receive no pur- gation, saying, " That fair and humble words could not ex- cuse such a fault, and that he should come ere it were long, and let them know he was their king." The next day in council the tumult was declared to be treason, and the coun- cillors, executors, and partakers to be traitors, as likewise all that should thereafter partake and assist the committers thereof.

This put the town in a great fear, neither did they expect any other than an ntter ruin. All the judicatories were re- moved to Lcith ; the .Session ordained to sit at Perth after the first of February ; their ministers were fled, the magis- trates not regarded, and those of greatest power about the king, their enemies ; what they should do they were doubtful. After divers opinions given, they are resolved that some should be sent who would be more acceptable, to supplicate the king, and excuse the town's part, for that perhaps would be taken better at other men's hands than any of their own. To this errand none was held so fit as Mr David Lindsay, Mr John Preston, and Mr John Sharp, men in favour with the king, and free of all faction.

Tliese coming to the king at Linlithgow, after they had

36 THE HISTORY OF THE [a. D. 1596.

showed the miserable estate of the town, and how grieved all honest men were for the displeasure he had conceived against them, did beseech him not to use the extremity of rigour, but to put a difference between the innocent and guilty. " In great towns, such as that was (they said), there would ever be some bad spirits ; and if the insolencies of a rascal multi- tude should be imputed to the town, it would be thought hard, specially since the magistrates had done their duties and re- pressed the tumult. If on their part there had been any connivance, or the smallest appearance that they did favour the sedition, they protested that they would not once have opened their mouths in their favour ; but since it was known that none were more offended with the tumult than they, and that they were careful to find out the authors and pre- sent them to punishment, they could not but humbly entreat his majesty to relent his wrath, and to be mitigated towards the town."

The king after a httle pause answered, " That he could not think the town to be free ; for, if some of the principals had not approved the multitude in their doings, the tumult could not have been so great ; but howsoever the magistrates' negligence could not be excused, in so far as they did not prevent the disorder, always his resolution was to proceed by form of law, and not to use any violent course ; he had appointed the Estates to meet in the same place where the dishonour was done unto him, and would follow their advice both in the trial and punishment." With this answer they were dimitted.

The last of December, which was the day preceding the convention, the king came to Leith, and stayed there all night, giving order for his entry into the town the next morning, which was in this manner. The keys of the town being delivered to one of the king's officers, a guard of armed men was placed in the streets, the citizens being commanded to stay within their houses, and forbidden to carry any wea- pon. The earl of Mar with the Lords Seaton and Ochiltrie had the charge of the town given them, without the admis- sion of the magistrates ; and they having disposed all things in the best fashion, the king accompanied with a great train of nobles entered the town, and riding up the street lighted at the Tolbooth, where the Estates were appointed to meet.

A, D, 1596.] CHURCH OF SCOTLAND. 37

After some general discourses of the tumult, the king was advised to call the magistrates, and hear wliat they could say in behalf of the town.

Sir Alexander Home of North Berwick, provost, Roger Macnaught, George Todrick, Patrick Cochran, and Alex- ander Hunter, bailies, with a number of the town council, compearing and falling on their knees, after some few words delivered by the provost, did present in writing the offers following : —

" That for pacifying his majesty's wrath, and satisfying the lords of council, they should upon their great oath purge themselves of all foreknowledge and partaking in that sedi- tious tumult. And as already they had made a diligent search to find out the authors, so they should not cease till they had brought the trial unto the uttermost point ; or if his majesty and council did think any others more fit to take the examination, they should wilHngly resign their places to such as his highness would appoint, and assist them at their power. And because his majesty had taken that tumult to proceed from certain sermons preached by their ministers, who were now denounced rebels, they should promise never to readmit any of those ministers, unless his majesty did command otherwise. As also, that the like should not fall out thereafter, the town should be obliged never to receive any minister in time coming but by his majesty's advice and approbation. And in the election of their magistrates they should yearly present their lites to his majesty and the lords of session, to be allowed or disallowed at their pleasure, and propone such others as his majesty should think more apt and sufficient for the charge, and to that effect should alter the time of their election, and make the same on some day of November, when the lords of session were convened and might give their advice thereto. They did lastly offer to fulfil whatsoever his majesty and council should think fit to be done in the premises, under protestation that they did not take upon them the crime, and that it should not be thought to have been committed of their foreknowledge."

Thus it proved true which Tacitus saith, " that all con- spiracies of the subjects, if they succeed not, advance the sovereignty ;" for by this tumult was the king's authority in

38 THE HISTORY OF THE [a. D. 1596.

matters ecclesiastical so far advanced, as he received little or no opposition thereafter.

The offers of the town, howbeit made in great submission, were not accepted, and counsel given by some noblemen to raze the town, and erect a pillar in place thereof, for a monu- ment of the insolency committed, and the just punishment taken thereof. Others were more mild in their opinions ; but for that time nothing was concluded.

The queen of England upon notice sent to her of these broils did write to the king a letter, which (for the wise and loving advice it contained) I thought meet here to insert.

"My dear Brother, — If a rare accident and ill- welcomed news had not broken my long silence, I had not used now my pen-speech, as being [too ?] careful of your quiet, and mindful of your safety, to omit the expressing of both, by letting you know how untimely I take this new begun frenzy, that may urge you to take such a course, as may bring into opinion the verifying of such a scandal as ye avowed to me to be far from your thought. In this sort 1 mean it ; some members of the Church with their companies have over auda- ciously emboldened themselves to redress some injurious acts that they feared might overthrow their profession, which though I grant no king for the manner ought to bear with, yet at the instant when the new banished lords returned, and they seen to be winked at without restraint, and the spring- time going on, when promised succour is attended, together with many letters from Rome and elsewhere sent abroad, to tell the names of men authorized by you, as they say (though I hope falsely), to assure your conformity, as time may serve you, to estabhsh the dangerous party, and fail your own. I wail in unfeigned sort, that any just cause should be given you to call in doubt so disguised acts, and hope that you will so try this cause as that it harm not you, though it ruin them.

" Of this you may be sure, that if you make your strength of so sandy a foundation, as to call to your aid such as bo not of your flock, whenas the one side be foolish, rash, head- strong, and brainsick, yet such as may defend you, liaving no sure anchorage for themselves, if you fail them ; and the

A. D. 1596.] CHURCH OF SCOTLAND. 39

others, who have other props to sustain them, though they lack you, yea such as though your private love to their per- sons may inveigle your eyes, not to pierce in the depth of their treason, yet it is well known that their many petitions for foreign aid might have tended to your peril, and your country's wreck ; for seldom comes a stranger to a weaker Ejoil that thralleth not the possessor, or endangereth him at least. I trust you think no less, or else they must justify themselves to condemn you, for without your displeasure, not feared for such a fact, no answer can shield them from blame. Now to- utter my folly in seeming busy in another's aifairs, I suppose you will not mislike, since the source of all is care of your good, to desire that nought be done that may embolden the enemy, decrease your love, and endanger your surety. This is in sum the line whereto I tend, and God I beseech to direct your heart in such sort, as ye please not your worst subjects, but make all know in a measure what is fit for them, and make difference between error and malice. So God bless you with a true thought of her that means you best,

" Your most affectionate sister,

" Elizabeth R."

This letter was to the king's mind ; for albeit he judged the offence great, yet it was not his purpose to use rigour, but to assure the obedience of the subjects in time coming, and make his own advantage of their disorders. Therefore in the next meeting which was kept at Halyrudhouse, the tumult being of new declared to be treason by the Estates, no farther was done, but a conclusion taken to pursue the town criminally before the justice ; and to charge the pro- vost, bailies, council, and deacons of crafts, as representing the whole body of the town, to enter their persons within the town of Perth before the first of February, and there to keep ward till they should be cleared, or found guilty of the uproar.

In this convention the Octavians not according well amongst themselves (for the prior of Blantyre did keep a course with the gentlemen of the chamber, and underhand informed the ministry of the ill affection that the President and Advocate carried unto them), gave over their commission

40 THE HISTORY OF THE [a. D. 1596.

of exchequer in his majesty's hands. They pretended the many burdens uhich they sustained otherwise, their services in council and session, with the charge of the queen's rent and hving ; but the true cause was, the mahce and envy car- ried unto them for the credit and place they had with the king, which their service had well deserved ; for never were the rents of the crown so tliriftily and so rightly used as iu that short time of their employment. But the king loved to have peace though with his own loss, neither did they like to be the instruments of his trouble.

A little before these stirs wuth the Church, Captain James Stewart (who had been sometimes chancellor, and carried the title of the earl of Arran) was killed by James Douglas of Torthorwald. This man after he was put from court had lived obscure in the north parts, and was entertained by the Lady Salton his sister-in-law. Being in some hope to come again by the office of chancellary, as yet void by the death of the Lord Thirlstane, he came south, and had a long con- ference with the king, which did greatly encourage him ; but till matters might be better prepared, he took purpose to visit his friends in Kyle. Taking his journey by Symington nigh unto Douglas, he was advised by his friends in those parts to look to himself, and not ride so openly, because of Torthorwald that lived not far off, whose uncle he had fol- lowed (as they spake) to the death. His reply (as he was a man proud and disdainful) that he would not leave his way for him, nor for all the name of Douglas, being overheard by a fellow, and reported to Torthorwald, did so inflame him, the old ulcer remaining uncured, as he avouched to have his life at all hazards. So getting intelligence that he had taken horse, he made after him with three of his servants, and overtaking him in a valley called Catslack, after he had stricken him from his horse, did kill him without any re- sistance. It is said that when Captain James saw the horse- men following, he did ask how they called the piece of ground on which they Avere, and Avhen he heai'd the name of it, ho commanded the company to ride more quickly, as having gotten a response to beware of such a part. He was a man full of violence, and when he was in place of rule executed it with much cruelty, which was now paid home in the end.

The king, who had longed to see a decent order established

A. D. 1596.] CHURCH of Scotland. 41

in the Church, such as agreed with the word of God, the allowable custom of the primitive times, and with the laws of the country, did think this a fit time to effectuate his purpose, and thereupon resolved to call a national Assembly to meet at Perth the last of February, for treating and determining the bounds and exercise of the spiritual jurisdiction ; and to the end that all might come the better prepared, and be duly ad- vised with the matters then to be entreated, he caused some articles to be drawn up and imprinted with a preface, where- in he took God the searcher of all hearts to record, that his intention was not to trouble the peace of the Church by thorny questions, nor yet to claim to himself any tyrannical or unlawful government over the same, but only to have these doubts solved, wliich might either in his time or in the time of his successors engender debate ; and to have the policy of the Church so cleared, as all corruptions being removed, a pleasant harmony might be settled betwixt him and the ministry to the P'lory of Almighty God, the content of all good men, and terror of the wicked.

The articles were fifty-five in number, and drawn up in form of questions, as foUoweth : —

1. May not the matters of external gubernation of the Church be disputed, salva fide et religione ?

2. Is it the king severally, or the pastors severally, or both conjunctly, that should estabhsh the acts concerning the gubernation of the Church ? or what is the form of their conjunction in the making of laws ?

3. Is not the consent of the most part of the flock, and also of the patron, necessary in the election of pastors.

4. Is it lawful for the pastor to leave his flock against their wills, albeit he have the consent of the presbytery ? and for what cause should the presbytery consent thereto ?

5. Is it lawful for a minister to use farther application than that which may edify his own flock ? or is the whole world the flock of every particular pastor ?

6. Is he a lawful pastor who wants impositionem manuum ?

7. Is it lawful to pastors to express in particular the names of councillors, magistrates, or others whatsoever iu pulpit, or so lively to describe them that the people may under-

42 THE HISTORY OF THE [a. D. 1596.

stand whom they mean, without notorious declared vices, and private admonitions, preceding ?

8. For what vices should admonitions and reproving of magistrates pass publicly from pulpits, in their absence or presence, respective ?

9. Is the application of docti'ine in pulpits lawful which is founded upon informations, bruits, and rumours, suspicions and conditions, if this be or that be, probabilities, likeh- ness or unlikeliness of things to come in civil matters, which all may be false, and consequently the doctrine following thereupon ; or should all apphcations be grounded upon the verity of known and notorious vices ?

10. Is the text which is read in pulpit the ground where- upon all the doctrine should be built ? or may all things be spoken upon all texts, so that the reading thereof is but a ceremony ?

11. May a simple pastor exercise any jurisdiction, without consent of the most part of his particular session ?

12. Is his session judge to his doctrine 1

13. Should not the moderator of the session be chosen yearly of any who hath voice therein ?

14. May the session be elected lawfully by ministers only, without the consent of the whole congregation ?

15. Why should not elders and deacons of particular sessions be elected ad vitam ?

16. How many presbyteries are meet to be in the whole country, in what places, and how many pastors of churches in every presbytery ?

17. Should not the elders and deacons of every particular session have voice in presbyteries, or the pastors only ?

18. What are the matters belonging to the jurisdiction of the presbytery, which may not be entreated in particular sessions ?

19. What form of process in libelling and citatioUj Avhat terms and diets, and what probations should be used before the said particular sessions and presbyteries re- spective ?

20. What matters should the synodal assemblies treat upon, which may not be decided in presbyteries ?

21. Should not all who have voice in presbyteries and

A. D. 1596.] CHURCH or SCOTLAND. 43

in the particular sessions, have voice in the synodal assemblies ?

22. Should each university or college, or every master or regent within colleges, have voice in presbyteries and synods, in the towns and countries where they are ? as likewise wliat form of voice should they have in General Assemblies ?

23. Is it lawful to convocate the General Assembly without his majesty's license, he being pius et Christianus magis- tratus ?

24. Is it necessary that the General Assembly should be ordinarily or extraordinarily convened for weighty causes concerning the whole Church ?

25. Have not all men of good religion and learning voice in the General Assembly ?

26. Is every particular pastor obliged to repair to the Gene- ral Assembly ? or is it sufficient that only commissioners come from every particular session, presbytery, or synod ?

27. Who should choose the commissioners to come from every shire to give voice in the General Assembly ?

28. What is the number of those that give voices, which is necessary to the lawfulness of a General Assembly ? and how many of the number should be pastors, and how many other men ?

29. May any thing be enacted in the Assembly to which his majesty consents not ?

30. Is it expedient that the two part of them who have jus suffragii should consent to any things decerned in ecclesi- astic judgments, that matters pass not by one voice more or less ?

31. Hath not every judgment, inferior to the General Assembly, a territory limited, without the which they have no power of citation or jurisdiction 1

32. What is the ordinary ecclesiastic judgment for his majesty's household and council, removable with his majesty to any part of the realm ?

33. Should there be libelled precepts containing the cause of the citation and certification of the censures before all ecclesiastic judgments? or should they answer super inquirendis '^

34. Have the inferior judgments power to summon any to

44 THE HISTORY OF THE [a. D. 1596.

compear before the superior ? or should men be summoned only by the authority of that judgment before which they ought to compear ?

35. Is it not necessary that private admonitions, with reason- able intervals of time, pass before all manner of citations ?

36. What interval of time is necessary between every pri- vate admonition and between the first citation, and the day of compearance, and betwixt the citation and the last ad- monition, in every one of the said judgments ?

37. How many citations should infer contumacy ?

38. Is simple contumacy without probation of a crime, or is any crime without contumacy, a sufficient cause of ex- communication ?

39. Are there not divers kinds of censures, such as prohibitio privati convictus, interdictio a coena, not published to the people ; and last of all, publica traditio satance ?

40. Should the presbyteries be judges of all things that im- port slander ? and if so be, whereof are they not judges ?

41. Can excommunication be used against thieves, murderers, usurers, and not payers of their debts ? and if so it may be, why are not the highland and border thieves cursed, as also all the forswearing merchants and usurers amongst the burghs ?

42. Is there any appellation from the inferior to the superior judgment? and is not the sentence suspended during the appellation ?

43. Should not all processes and acts be extracted to parties having interests ?

44. Is summary excommunication lawful in any case without admonition and citation preceding ?

45. Have any others but pastors voice in excommunication ?

46. Hath every ecclesiastical judgment a like power to excommunicate ?

47. Is it lawful to excommunicate such papists as never pro- fessed our religion ?

48. A woman being excommunicated, having a faithful hus- band, should he thereafter abstain from her company ?

49. Is it not reasonable that before any letters of horning be granted by the session upon the process of excom- munication, that the party should be cited to liear them granted ?

A. D. 1596.] CHURCH OF SCOTLAND. 45

50. Hath not a Christian king power to annul a notorious unjust sentence of excommunication ?

51. May any council or university be excommunicated ? for what cause, by Avhom, and the manner thereof?

52. When the pastors do not their duties, or when one jurisdiction usurpeth upon another, or any other schism falleth out, should not a Christian king amend such disorders ?

53. May fasts, for general causes, be proclaimed without a Christian king's command ?

54. May any ecclesiastical judgment compel a man to swear in suam turpitudi7iem ?

hb. Should there any thing be entreated in the ecclesiastical judgment prejudicial to the civil jurisdiction or private men's i-ights ? and may not the civil magistrates stay all such proceedings ?

How soon these questions were divulged, and that it was seen they all touched upon the abuses crept into the disci- pline, the ministers that stood affected to the present order were much perplexed; neither did any thing more offend them, than that the government should be brought in dispute which they had given out always to be a part of the gospel. This at any hand they thought was to be prevented ; and many private conferences were kept to this purpose. Neither did the king neglect to provide himself of a party against that meeting ; and thinking he should gain most easily the ministers in the north parts, he employed Sir Patrick Murray, gentleman of his chamber, to deal with them, giv- ing him direction first to show what a slander the ministers of Edinburgh had brought upon religion by the stirring up of the late uproar, and the inciting of the Lord Hamilton and others of the nobility to open rebellion against him ; how for the same they were become fugitives, and denounced his majesty's rebels ; and thereupon to desire them by some public act or declaration to utter their dishke of those sedi- tious and treasonable courses.

He was next desired to urge their subscription to the bond, which was appointed to be subscribed by the ministers for acknowledging his majesty's royal power above them in all causes of sedition, treason, and other civil and criminal

46 THE HISTORY OF THE [a. D. 159G.

matters, and in all speeches uttered by them in pulpits, schools, or otherwise, which might import the said crimes, or any of them.

Thirdly, to require them to accept the earl of Huntly his offers for satisfying the Church, and to absolve him from his excommunication, they finding his offers reasonable ; seeing the bosom of the Church ought always to be open to penitents, and that they should be more ready to receive than to cast out : wherefore as the presbytery of St Andrews, to the which he was not subject, had pronounced him ex- communicate, they, under whose jurisdiction he hved, might and ought with better reason declare him absolved. Neither should the pretext of the General Assembly's ratification of the sentence be a stay unto them, considering it was done many months after the pronouncing of the sentence, and that the absolution they should give might in the like manner be ratified at the next Assembl}^ ; much less ought the prohibi- tion of the presbytery of Edinburgh (whereof his majesty was informed) be any hindrance to them, seeing they were neither subject nor subordinate to them, but as free in all respects as themselves.

And if any doubt should arise upon the form of the earl's satisfaction, he was to remember them that the same is expressly defined in the act of parliament, anno 1572, made against apostates and other adversaries of the true religion, where it is said, " That they which have made defection from the truth should not be received to our sovereign lord's mercy and favour, till they have given of new the confession of their faith, and promised to continue in the profession thereof, in all time coming, and to fortify the preachers of the same against whatsoever enemies."

Last of all, he was appointed to deliver them a copy of the imprinted questions, and to desire the most discreet of their number to be sent commissioners to the Assembly ap- pointed at Perth, with promise of special favoui* to them in all their businesses, his good will towards the ministry being no way altered by the wrong he had received from those insolent ministers of Edinburgh. This was the substance of his instructions.

The ministers with the reverence that was due made answer. That for the tumult of Edinburgh they were igno-

A. D. 1596.] CHURCH OF SCOTLAND. 47

rant of the ministers' behaviour therein, as likewise of the reason of their flight, and having no jurisdiction over them, they could give forth no judgment or censure ; only in the general they would say, that whosoever by just trial should be found authors of that insurrection deserved to be punished as traitors, and if they were ministers, to be doubly punished.

For their subscription to the bonds, they answered, That at their acceptation of the ministry they had taken oath for acknowledging his majesty's power and authority, and would not decline the same ; but where the bond did mention speeches uttered in pulpit, because the same concerned ap- plication of doctrine, which his majesty had proponed as a question to be decided in the approaching Assembly, they did humbly entreat his majesty to spare them in that point unto that time, which they promised precisely to keep.

For the earl of Huntly, they said, his repentance should be most acceptable to them ; that they were content to give him conference, and use all means for his resolution ; but they did not find him so willing to conform as they wished, nor very earnest for his absolution.

This was the sum of their answer, which the king did accept the better, because of the hopes given to his servant of all satisfaction on their parts at the meeting of Perth, which they also performed ; for both then and afterwards in all assemblies and conventions they did stick fast unto him. But the king being made to understand that Huntly did linger and delay to make offers for satisfying the Church, he sent him the letter following written all with his own hand : —

" My Lord, — I am sure ye consider and do remember how often I have incurred skaith and hazard for your cause ; therefore, to be short, resolve you either to satisfy the Church betwixt and the day that is appointed without any more delay, or else if your conscience be so kittle as it cannot permit you, make for another land betwixt and that day, where ye may use freely your own conscience ; your wife and bairns shall in that case enjoy your living ; but for your- self look never to be a Scottishman again. Deceive not yourself to think that, by lingering of time, your wife and

48 THE HISTORY OF THE [a. D. 1596.

your allies shall ever get you better conditions. And think not that I will suifer any professing a contrary religion to dwell in this land. If you obey me in this, you may once again be settled in a good estate, and made able to do me service, which from my heart I would wish. The rest I remit to the bearer, whose directions ye shall follow if you wish your own weal. Farewell.

" From Dunfei'mline. James 11."

Such was the king's care for reclaiming the nobleman to the profession of the truth, whilst people suffered themselves to be abused with rumours that he himself was declining. Letters in the meantime were directed to all the presbyteries, advertising them of the meeting at Perth, and desiring they should send their commissionei's thither instructed with power to treat and conclude in all matters to be pro- poned. When the day came, the Assembly was frequent enough ; but divers commissioners bearing a power only to convene, hear, and report, and not to question anything concluded in former Assemblies, the king sent Sir John Cockburne of Ormiston, Mr John Preston, and Mr Edward Bruce, to ask those that were convened, " Whether they did account that meeting a lawful General Assembly, having power sufficient to treat and conclude in the articles that should be proponed, according to his majesty's missive letters directed to the several presbyteries ?" After long reasoning, answer was made, " That they did esteem the meeting to be a lawful General Assembly, called extraordinarily by his majesty's letters, and that they would hear, treat, and con- clude of things that should be moved unto them, according to the commissions wherewith they were authorized."

This answer given, they presented the articles following: — *' Seeing the quietness of the Churchand the freeing of the same from slander, which upon the contrary effects would necessarily follow, is the principal scope and end at which his majesty aimeth in this present Assembly, for eschewing fashions and long disputes whereupon controversies and debates might arise, his majesty hath thought good to remit the decision of a great number of the questions imprinted to better oppor-

A. D. 1596.] CHURCH OF SCOTLAND. 49

tunity, and will content himself with the determination of a few that he hath made choice of, which without a greater harm could not be longer delayed.

As first, That it be not thought unlawful either to the prince or any of the pastors at any time hereafter to move doubts, and crave reformation of any points in the external policy and disciphne of the Church, which are not essential concerning salvation, nor expressly defined in scripture ; pro- viding it be done decenter in right time and place, animo cedificandi, non tentandi.

2. That, seeing the civil and pohtic government of the country belongs properly to the king's office and his coun- cillors, and is no way pertinent to the spiritual ministry of the word, no minister should thereafter meddle Avith matters of estate in pulpit, or with any of his majesty's laws, statutes, or ordinances ; but if any of them seem hurtful to religion, they should complain to the king and council thereof.

3. That it should not be lawful to ministers to name any particular men's names in pulpit, or so vively to describe them as may be equivalent to their naming, except upon the no- toriety of a crime, which notoriety must only be defined by the guilty persons being fugitive for the crimes, or the de- claration of an assize, or their excommunication for the same.

4. That every minister in his particular application have only respect to the edification of his own flock and present auditory, without expatiating in other discourses no way pertinent to their congregation.

5. That every particular presbytery be commanded to take a dihgent account of the doctrine of their ministers, and see that they keep themselves within bounds in the premises.

6. That summary excommunication be utterly discharged, and that three lawful citations, at least of eight days' interval betwixt every one of them, precede the sentence.

7. That no session, presbytery, or synod use censures upon any but those that are within their bounds ; otherwise their decrees and sentences to be null.

8. That all summons contain a special cause and crime, and none be used super inquirendis, quod est mere tyrannicum.

9. That no meeting or convention be amongst the ministers without his majesty's knowledge and consent, except the ordinary sessions, presbyteries, and synods.

VOL. III. 4

50 THE HISTORY OF THE [a, D. 1596.

10. That in the principal burghs no ministers be placed without the consent of his majesty and the flock ; and this order to begin presently in Edinburgli.

11. That all matters concerning the rest of his majesty's questions be suspended, and neither condemned nor rebuked, either in pulpit, or any other judicatory, till the same be decided in the next General Assembly ; especially that no matters be called before the ecclesiastical judicatories as im- porting slander, wherein his majesty's authority may be pre- judged; but that they meddle only with causes merely ecclesiastical.

12. That some wise and discreet ministers, to'the number of seven or eight, be authorized by commission to reason upon the rest of the questions, when opportunity of time shall serve.

Lastly, That the present Assembly grant commission to the ministers of the north country to absolve the earl of Huntly from his excommunication, if he satisfy the Church."

For the better determining of the said articles, it was thought meet that some brethren should be desired to confer of them apart, and report their opinions to the Assembly, which they did the next morning. Touching the first article, they said, That they held it not expedient to make any law or act concerning that matter, lest a door should be opened thereby to turbulent spirits; otherwise they did tbink it lawful to his majesty, by himself or by his commissioners, to propone in a General Assembly whatsoever point his majesty desired to be resolved in, or to be reformed in siyecie externi ordinis, seeing substantia externce administrationis ecclesias- ticce est plenissime prodita in sacris Uteris. And as the Gen- eral Assembly hath accepted well of this manner of doing in all times past, so in their opinion they would do the hke in time coming.

For tbe second their advice was, That the acts already made which are hurtful to religion, and jjrejudicial to the liberty of the word, should be discharged, and no act there- after passed concerning religion without the advice and con- sent of the Church. As for matters of estate mentioned in the article, they craved a farther explanation of that point.

The third they esteemed reasonable, that no man's name should be expressed to his rebuke in pulpit, unless the fault

A. 1). 159(5.] CHURCH OF SCOTLAND. 51

was notorious and public ; but they esteemed notoriety must be defined otherwise than by the three ways set down in the article : for contumacy after citation, the public commission of a crime, such as was Bothwell's treasonable attempt at Leith, the burning of Donibristle, and the Uke, make also a notoriety. As to the vive description, said to be equivalent, they thought it hard to set any law to that, seeing every guilty person will think himself described when his fault is rebuked, albeit the minister doth not once think of him.

The fourth and fifth articles they judged lawful ; but for the sixth, which craves a simple charge of summary excom- munication, they advised to remit the same to the next Assembly, suspending the practice thereof in the meantime. The seventh, they thought, was likewise to be remitted. To the eighth they agveed ; and for the ninth, that concerned the meeting of pastors, they said that besides sessions, pres- byteries, and synods, pastors are accustomed to meet for visitation of churches, admission of ministers, taking up of feuds, resolving of questions, and the like.

The tenth they esteemed reasonable. The eleventh article seeming to import a discharge of many points of discipline, they said was so large that it could not be presently answered. And the last two they remitted to the full Assembly, judging that they ought to be granted.

These answers showed to the king were not liked, and held insufficient ; whereupon the Assembly was desired to repair to the place where his majesty and the Estates were convened, for treating upon the foresaid articles. At their coming the king had a speech much to this purpose : " That they could not be ignorant either of the occasion, or of his purpose in calhng the present Assembly ; and for the occasion, that it grieved him to remember it, not for any injury or displeasure done to himself, but for the shame and slander cast upon religion ; for have not the adversaries, said he, now too just a ground against us, who say that our profession teacheth the contempt of princes, and maintains insurrections against them ? I know it is the fault of men, and not of the profession, and none of you that are met here I take to be guilty of the late attempt ; but it is in your hands to clear yourselves, if any think otherwise, and so to free your pro- fession of that scandal. As to the purpose for which I have

52 THE HISTORY OV THE [a. u. 159C.

called you together at this time, it is to mend such things as are amiss, and to take away the questions that may move trouble afterwards. If you for your parts be willing to have matters righted, things may yet go well. I claim nothing but what is due to every Christian king within his dominion, that is to be cu3tos and vindex disciplince. Corruptions are crept in, and more daily growing by this liberty that preachers take in the application of their doctrine, and censuring every thing that is not to their mind. This I must have mended ; for such discourses serve only to move sedition and raise tumults. Let the truth of God be taught in the ch.air of truth, and wickedness be reproved; but in such sort as the offender may be bettered, and vice made more odious. To rail against men in pulpit, and express their names, as we know was done of late, there being no just cause, and make the word of God, which is ordained to guide men in the way of salvation, an instrument of sedition, is a sin, I am sure, beyond all other that can be committed on earth. Hold you within your limits, and I will never blame you, nor suffer others to work you any vexation. The civil government is committed to me, it is not your subject, nor are ye to meddle with it." After such words as these, he began to speak of the articles proponed, desiring to hear what reasons, they had to the contrary.

Mr Thomas Buchanan, as he was appointed, did first protest in the name of the Assembly, " That their coming to that place was only to testify their obedience to his majesty, and to hear what should be proponed ; but not to submit matters ecclesiastic, either concerning doctrine or discipline, to their judicatory, or yet to make themselves one Assembly with the Estates : and that therefore they should be per- mitted to return to the place of their Assembly to treat, rea- son, and conclude in the points moved unto them according to the word of God and good conscience." Which protes- tation was admitted. Then ho did humbly thank his majes- ty for his good affection to the Church, and the care he had to redress things that were amiss in so peaceable a manner. And for the particulars proponed, he showed what was the mind of the Assembly, and the reasons that led them unto it, saying, they were willing to hear and give place to better in- formation. Hereupon ensued a reasoning, which kept a long

A. D. 1596.] CHURCH OF SCOTLAND. 53

time, and ended in a good agreement : so the ministers Avere dimitted, and assembling again in the ordinary place, they corrected their first answers in this sort.

1. That it is lawful to his majesty by himself or his com- missioners, or to the pastors, to propone in a General As- sembly whatsoever point his majesty or they desire to be resolved or reformed in matters of external government, alterable according to circumstances ; providing it be done in right time and place, animo (EcJificandi, non tentandi.

2. That no minister should reprove his majesty's laws, acts, statutes, and ordinances, unto such time as first he hath by the advice of his presbytery, synodal or general assem- blies, complained and sought remedy of the same from his majesty, and made report of his majesty's answer, before any farther proceeding.

3. That no man's name should be expressed in pulpit to his rebuke, except the fault be notorious and public ; which notoriety is thus defined. If the person be fugitive, convict by assize, excommunicate, contumax after citation or lawful admonition ; nor yet should any man be described vively by an^r other circumstances than public vices always damnable.

4. That no minister should use application, wherein he hath not a principal respect to the edifying of his own flock and present auditory.

5. That every presbytery take dihgent account of the pastor's doctrine, and that he keep himself within the bounds of the word.

6. That the answer of the sixth article shall be superseded unto the next General Assembly, suspending in the mean time all summary excommunication unto the said Assembly.

7. That the seventh article be remitted to the next Assembly.

8. That all summons contain the special cause and crime, and none to be given out super inquirendis.

9. That no conventions shall be amongst the pastors with- out his majesty's knowledge and consent, except their sessions, presbyteries, and synods, the meetings of the visitations of churches, admission or deprivation of ministers, taking up of deadly feuds, and the hke, which have not been found fault with by his majesty.

10. That in all principal towns the ministers shall not be

54 THE HISTORY OF THE [a. D. 1596.

chosen without his majesty'^s consent and the consent of the flock.

1 1 . That all matters concerning remanent questions shall bo suspended, and neither damned nor rebuked in pulpit or other judicatories, till they be decided in the General Assem- bly ; and that no matters importing slander shall be called before them in the mean time, wherein his majesty's au- thority is prejudged, causes ecclesiastical only excepted.

Lastly, for reasoning the said questions, according to his majesty's desire, the Assembly did ordain Mr James Nichol- son, Mr John Coldcleuch, Mr Andrew Clayhills, Mr Thomas Buchanan, IMr David Lindsay, Mr James INielvill, Mr Robert Wilkie, Mr William Cowper, Mr John Cowper, Mr Robert Rollock, Mr Patrick Galloway, Mr Robert Howy, John Duncanson, and Mr James Bryson, to convene at such time and place as his majesty should be pleased to appoint, and to report their opinion and advice to the next General Assembly.

These conclusions taken, which for a beginning did satisfy the king, a commission was also given at his majesty's desire to the ministers of Aberdeen and INIurray, with some others of Mearns and Angus, for reconciling the popish lords. The conditions reqxiired of Huntiy to be fulfilled before his ab- solution were,

1. That he should appear before the commissioners ap- pointed by the Assembly the twenty-second of March at Aberdeen, and remain in that city during the time of their conference wuth him, to the effect he might be instructed in the truth, and brought to condescend with knowledge unto the religion professed, and to the detestation of the contrary.

2. That he should acknowledge the Church of Scotland to be a true church, and adjoin himself thereto, hear the word, receive the sacraments, and be obedient to the discipline thereof.

3. That he should solemnly promise to remove forth of his company, and from the bounds that were under his power, all Jesuits, priests, and excommunicate persons. 4. That he swear and subscribe the confession of the faith in presence of the whole commissioners. 5. That he acknowledge the sen- tence of excommunication to have been justly pronounced against him for his apostasy from the truth, the slaughter of the earl of Murray, and burning of Donibristle, and that he

A, D. 1596.J CHURCH OF SCOTLAND. 55

declare himself penitent therefor, promising assythment to the party -whensoever he should be moved to accept the same. 6. That he provide sufficient maintenance to the churches within his bounds by the advice of his best disposed friends, and have an ordinary minister to reside with him in his family. And lastly, That he be content to reconcile with all that he is esteemed to carry any grudge unto, and profess no quarrel to any of those that assisted the king in bis pur- suit.

The like conditions were required of Angus and ErroU (that which concerned the earl of Murray only excepted). All matters being thus peaceably accorded, the king caused publish the good agreement he had made with the Church, taking in his protection the ministers with their families, goods, and possessions, and charging all papists (those ex- cepted that were in terms of satisfaction) to depart forth of the country before the first of June.

The Assembly finding the king so well pleased, made bold to intercede for the ministers, the town of Edinburgh, and the gentlemen that were challenged for the tumult. For the town his majesty answered, that he was not minded to trouble innocent men, and should shortly settle with them. Touching the gentlemen, he said, they should do well to pre- sent their supplications by their fx'iends. But for the minis- ters, he esteemed them most guilty, and knew not what course to take with them. It being replied, that by the examina- tions taken it appeared that they all, especially Mr Robert Bruce, was a chief instrument in the staying of the tumult, and that they should therefore be rather rewarded than punished ; he answered, *•' That granting they did stay the tumult, yet they were the cause of it ; and if they for that fault were first corrected, he would not be much troubled with their reAvard. Not the less, at the Assembly's request, he would be content they should be relaxed, upon caution to underlie the trial of law." Thus an end was put to that meeting, and the next Assembly by his majesty's consent appointed to be at Dundee the tenth of May following.

This year Mr John Lesley, bishop of Ross, departed this life at Brussels in Flanders, where for the most part he abode after the queen of Scotland's execution. A man (though dif- fering from us in religion) worthy to be remembered for his

50 THE HISTOUY OF THE [a. D. 1596.

fidelity to the queen liis mistress, and the extraordinary pains he took to procure her hberty, travailing with all the neighbour princes to interpose their credit with the queen of England for her relief : neither was he deficient otherwise in ministering the best consolations he could furnish for bear- ing patiently her cross, whereof one treatise he afterwards published full of piety and learning. How heavily he took her death it cannot well be expressed ; yet comforting him- self in the best sort he could, he put off to this time, and being much weakened by a languishing sickness that held him some months, he ended quietly his days. The history of his country from the beginning of the nation unto these last times, written by him in the Latin tongue, doth witness both his learning and judgment. It being just to give unto every man (albeit an enemy) his due commendation, I could not pass him unremembered. Mr David Lindsay, minister at Leith, was in the year following provided to that see.

The diet assigned for the appearing of the town of Edin- burgh at Perth, was upon their petition continued first to the fifteenth day of February, and from the fifteenth again put off to the first day of March, with a declaration, " That if two of the bailies, with the dean of guild, treasurer, four of the principal deacons, four of the council, and their clerk, mak- ing thirteen in all, did enter themselves the said day, and bring a sufficient commission from the provost, bailies, coun- cil, and community of the town for underlying the order that should be taken with them, as representing the whole body, their compearance by so many should serve for all the rest."

It was the fifth of March before they were called, at which time there compeared a number of persons, and presented a procuratory under the seal of the town, and the subscription of the clerks thereof, which his majesty caused to be read ; then asking if all contained in the commission were present, it was answered that they were all there, William Mauld excepted, who had his majesty's letter of dispensation, which they produced. But the same being granted the eleventh of January, long before the deliverance upon their petition, which expressly ordained that they should have thirteen persons present for undergoing the trial, it was declared to be no warrant ; and so for not fulfilling the ordinance of the council, the towji was denounced, the burgesses declared

A. D. 1597.] CHURCH of Scotland. 57

rebels, and their coramon goods (so they called the rents be- longing to the town) arrested to the king's use.

It was pitiful to behold the (desolation wherein the town was then cast. The magistrates renounced their offices, and would carry no more charge ; the people were left without direction, wanting both magistrates and ministers; and in this state did they continue for the space of fifteen days. At last, by the intercession of some noblemen, the king was pleased to receive the town in favour ; and the provost, bailies, council, and deacons of crafts, being brought unto his presence at Halyrudhouse the twenty-first of March, and falling upon their knees, did with tears beg pardon for their neghgence in not timely preventing that tumult, raised (as they said) by a number of ill-disposed people, beseeching his majesty to take pity of the town, which did submit itself simply to his highness's mercy. The king, after he had sharply rebuked them, and showed in many words the greatness of their offence, commanded them to remove, that he might think what was fittest to be done. Then calling for the offers they had formerly made, he caused eke unto them the articles following. " That the lodgings in the churchyard wherein the ministers dwelt and kept their consultations should be given to his majesty, and used at his pleasure. That the ministers who should thereafter serve in the town should dwell in their own quarters and live dispersed. That the town should be obliged for the indemnity of the lords of session during their sitting, under the penalty of forty thou- sand marks. That the nether council-house, wherein the provost and bailies did keep their meetings, should be ap- pointed for the exchequer ; and that for the offence committed the town should be fined in twenty thousand marks, to be paid in four months." These conditions accepted, the kmg did pardon the town, giving order to receive them to his peace, and by proclamation recalled the session to sit in their former place. Never did any king, considering the offence, temper his authority with more grace and clemency than did his majesty at this time ; which the people did all acknowledge, ascribing their life and safety only to his favour.

Shortly after the ministers were also permitted to return, and had their peace granted, but were not suffered to preach in their places ; the king taking now the occasion of finishing

58 THE HISTORY OF THE [a. D. 1597.

that work Tchich some two years before had been moved, for distributing the people in several parishes, and planting more ministers among them. The let he knew was in the town, that still put off the business because of the burthen it would draw upon them ; and knowing that the desire they had to have their old ministers reponed would make them the more forward that way, he refuses to readmit them until the dis- tribution intended was perfected, and other four ministers ad- joined to them, for the better instruction and more orderly government of the people. The ministers themselves did also profess that they were wearied of that confused ministry, as they called it ; and compearing in the Assembly, which held at the time appointed in Dundee, they resigned their offices, denying to serve any longer, unless they had a particular flock designed. But because that work required a longer time than the Assembly could well abide together, the same was committed to certain delegates, and the ministers dwelling- near unto Edinburgh ordained to furnish the pulpits for the interim.

In the Assembly Mr Robert Rollock was elected to pre- side, though he was not as yet in orders ; in so great esteem he was with all good men for his learning, holiness, and mod- eration. The first thing done was the taking of an account of the ministers' travails with the earls of Angus, Huntly, and ErroU, and of their obedience to the injunctions given in the former Assembly. This was testified, by the ministers that had the charge, to have been in all points so well performed, as no more could be required of them. For verifying thereof their several subscriptions were produced, together with an humble supplication to the Assembly for accepting their sat- isfaction, and receiving them in the bosom of the Church ; which accordingly was decerned, and order given that they should be received by the same commissioners who were ap- pointed to meet at a certain time, and pronounce their absolu- tion.

The next thing proponed was touching the questions left unresolved in the last Assembly ; and because exception was taken, by some brethren that were absent, at the articles con- cluded at Perth, especially that it should have been acknow- ledged for a lawful General Assembly, it was of new declared to be a lawful Assembly, and certain explanations added to

A. D. 1597.] CHURCH OF SCOTLAND. 59

the rest of the acts : As, in the point of notoriety, the crime should be reputed notorious, that was so manifest and known ut nulla tergiversatione celari possit ; and for the convening of pastors with his majesty's consent, the same was declared to be extended to all assemblies either general or particular, authorized by his highness's laws, and having warrant in the word of God. His majesty did likewise express his meaning, touching the provision of burghs with ministers, in this sort, that when the Assembly should find it necessary to place a minister in any town, he should either yield his consent or give a sufficient reason of his refusal. With these declarations the whole number were so well pleased, as, proceeding in the rest of the questions, they determined as followeth : — First, Where his majesty doth crave that, before the conclu- sion of any weighty matter, his highness's advice and ap- probation should be had thereto ; the Assembly will be very glad to have his majesty's authority interponed to all acts of any importance made by the Church, so as matters formerly treated and concluded be not drawn in question.

2. That there should be an uniform order kept in the ordi- nation of ministers, and none admitted but by imposition of hands, and to a certain flock on which they shall be astricted to attend. As also such as have not received ordination should not be permitted to teach in great rooms, except upon urgent necessity and in the defect of actual ministers ; and that good heed shall be taken that they did not pass their bounds^ especially in application.

3. That no minister should exercise any jurisdiction, either by making of constitutions or leading of processes, without advice and concurrence of his session, presbytery, synod, or General Assembly.

4. That all sessions should be elected with consent of their own congregations.

5. That sessions, presbyteries, and synods should labour to be formal in their proceedings, and that the inferior judi- catories should be tried in this point by their superiors.

G. That in the exercises of the word Avhereunto ministers convene, there should no application be used.

7. That in matters of importance, if the voices be different only by two or three, nothing should be concluded until a

60 THE IllSTOIlY OF THE [a.D, 1597.

better resolution Avas taken, aud ho who holdcth the nega- tive give rationem ncgandL

8. That presbyteries should not meddle with any thing that is not known, without all controversy, to belong to the eccle- siastical judicatory ; and that therein uniformity should be observed throughout the country.

9. That no processes and acts should be extracted at the de- sire of parties having interest.

10. Summary excommunication should bo suspended as be- fore, and in great crimes after public intimation, the com- mitter debarred d sacris et it privato convichi.

11. That where any presbytery should be desired by his majesty's missive to stay their proceedings, as being pre- judicial to the civil jurisdiction or private men's rights, they should desist until his majesty did receive satisfaction. The principal questions being thus decided, it was thought

meet to supersede the treating of the rest, and to give a gen- eral commission to certain of the most wise and discreet brethren, for all affairs that might concern the good of the Church. For this effect choice was made of Mr David Lindsay, Mr Thomas Nicholson, Mr Thomas Buchanan, Mr Robert Pont, Mr Robert Rollock, IMr Alexander Douglas, Mr George Gladstanes, Mr Patrick Galloway, John Duncanson, Mr Patrick Sharpc, Mr James Mclvill, Mr William Cowpcr, and John Clapperton, to whom, or to any seven of them, power was given to convene with his majesty at such times as they should be required, for taking order touching the provision of ministers to the towns of Edinburgh, Dundee, and St Andrews, the houses of the king and prince, and to any other churches within the realm that should stand in need to be planted ; as likewise to pre- sent the petitions and grievances of the Church to his maj- esty, either general or jiarticular, and to give their advice to his highness in all matters that might serve to the weal and peace of the Church.

How soon the Assembly dissolved. Sir Patrick Murray was sent by the king unto the north, to see the conditions made by the three earls to the Church performed, and to as- sist the commissioners appointed for their absolution. He had farther in charge to cause them to subscribe the general bonds for the peace and quietness of the country, and to find

A, D. 1597.] CHURCH OF SCOTLAND. 61

caution each of thorn, under the pain of twenty thousand pounds, not to traffic nor keep intelHgence with any foreigners without his majesty's hcense by word or writing ; particularly for the earl of Huntly it is enjoined, that he should follow the counsel of certain barons and ministers that the king did nominate unto him, and proceed by their advice in all weighty affairs, especially in matters that concerned his majesty's service. The barons nominated to him were, the laird of Findlater, the laird of Inncs, the laird of Phillorth, the tutor of Cromarty, the laird of Pitlurg, and laird of Cluny, or any three of them ; the ministers were, the bishop of Aber- deen. Mr Peter Blackburn, Mr John Forbes, Mr Robert Howy, the parson of Turriff, and Mr Alexander Douglas, or any three of them.

Whilst the king was thus busied to reconcile Huntly to the Church, Mv James Gordon, Jesuit, came into the country of intention to divert him from giving obedience ; against whom a strict proclamation was made, inhibiting the subjects to reset, supply, or entertain any intelligence with him, under pain of treason, and a thousand crowns promised to any that should apprehend and bring him to the king. And at the same time was discovered a practice of fortifying the isle of Ailsa, in the west seas, for receiving certain forces that the Spanish king had promised to send thither. The con- triver of this plot was one Hugh Barclay of Ladyland, who being committed the year before in the castle of Glasgow, had made an escape and gone to Spain. This year returning to make good what he had undertaken, with some few as- sisters, he entered into the isle (a huge rock it is, four miles in compass, wherein is an old ruinous tower built on the ascent of the rock, of difficult access), meaning to have vic- tualled the same. Mr John Knox (the same who took Mr George Kerr with the blanks some five years before) getting intelligence of the purpose, came upon him unlocked, and landing in the isle did encounter him in the very shore ; for most of his company being gone to seek their sport, he had stayed to see who those were that he espied coming to the isle, not thinking that his purpose was known, or that any would pursue him ; but when he perceived them to be un- friends, and to be set for his apprehension, he ran into the sea and drowned himself. The king did esteem this, as it was

62 THE HISTORY OF THE [a. D. 1597.

indeed, a piece of good service ; and the ne^YS thereof going to the popish lords made them more willing to fulfil that which they had promised ; so that, on the twenty-sixth of June, the earls of Huntly and ErroU, upon their solemn repentance, oaths, and subscriptions to the articles of foith, were absolved in the church of Aberdeen. The earl of Angus in the same manner was received by the ministers of Ivlearns and Angus.

This business ended, tljre king, for repressing the barbarous feuds which abounded at that time in the north parts, sent a commission to the bishop of Aberdeen, with concurrence of Sir Patrick Murray and some ministers, for taking up their quarrels, and with charges to cause the parties give assurance one to another, which should endure to the first of April in the year 1598. The feuds mentioned in the instructions sent to Sir Patrick Murray, were the feuds betwixt the earl of Huntly and Lord Forbes, the earl of Erroll and the laird of Ludqharne, the laird of Drum and young Frcndraught, with a number more. But the most deadly and dangerous, betwixt the families of Huntly and Murray, the king reserved to be his own v.'ork, and ceased not till the same was removed, and a friendship made up by marriage, which should in all reason be most lasting. Those others were by the diligence of the bishop and ministers settled, and so the north parts reduced unto quietness.

In the end of June the king called the commissioners of the Assembly to a meeting at Falkland ; where amongst other business a complaint was preferred by Mr John Lindsay of Balcarres, secretary, against Mr Robert Wallace, minister at St Andrews, for certain injurious speeches uttered in his sermons, having called him a briber, and said, " That albeit he had made conquest of fifty chalders victual in Fife, and built a house to the skies, yet his posterity should beg their bread, which some of his auditors should sec ; and that it was doubtful ifever God should grant him repentance." The secre- tary had complained of this to the presbytery, but they refused to admit his accusation, unless the same was assisted by two witnesses, who could affirm that the accuser had just cause to pursue the complaint, which they alleged to be the apostle's canon in the First Epistle to Timothy, ch. 5, v. 19, and showed themselves so partially affected, as he was forced to pursue the complaint before his mnjesty and the commissioners.

A. D. 1597.] CHURCH OF SCOTLAND. 63

IMr Wallace being summoned to that diet, and desired to answer to the complaint, refused to acknowledge the judg- ment, alleging, " That the General Assembly had given them no commission in that particular, and that the accusation once intended before the presbytery of St Andrews ought to have been orderly taken out of their hands, which was not done. This declinator being proponed, compeared Mr NicoU Dal- gleish, moderator of the presbytery, and in their name pro- tested against the proceedings of the commissioners in that cause, as being once intended before them, seeing, by that form of doing, ail the presbyteries of Scotland should be pre- judged, and that the General Assembly, of whom they had their commission, would not take unto them the trial of any cause, with a neglect of the inferior judicatories." " Then," said the king, '•' I will hkewise protest, that seeing one of the principal motives which induced me to crave, and the General Assembly to yield unto this commission, was to have the like of these offences, when they did arise, removed, and justice done by the ministers themselves, rather than to be brought before the council, ye will either proceed in examining the complaint, and do that which is right, or hold me excused if 1 take order with it by another form that will not please you so well."

The commissioners having advised the reasons of the de- chnator and protestation, did find them all invalid and of no force, and that they had warrant sufficient to proceed and minister justice in that action, as well in respect of the general power contained in their commission, as of the particular com- mended to their care in the planting of the church of St Andrews. So the complaint was admitted, and the fifth of July appointed at St Andrews for trying the same.

At the day the secretary compearing, accompanied with Mr Robert Mauld, commissar of St Andrews, and John Arnot, clerk to the commissariat, (whom he produced as assisting witnesses to take away the presbytery's exception,) did insist in his complaint. Mr Wallace being asked if he had any thing to oppose against the witnesses, refused to answer in respect of his declinator ; whereupon they were admitted, and upon oath declared that they knew the accu- sation to be just, and that the secretary had not intended the same of any purpose to calumniate or slander the said Mr

64 THE HISTORY OF THE [a. u. 1597.

Robert, but only to be repaired to bis credit and bouour, as one wbo bad been greatly wronged by him. Tbe wit- nesses for probation being then called, and Mr Wallace in- quired if he had any exception against them, refused, as be- fore, to answer. So they likewise were received, and being sworn, deponed, that they heard the said Mr Wallace utter the words complained of in his sermon. Not the less the commissioners for their better information did think it meet to call his auditors of the university, who were of better judgment, and could truly relate what they heard. The masters of the new college refusing to give any testimony, in respect of the presbytery's protestation at Falkland, all the rest affirmed what the witnesses had deponed. After which, Mr Wallace being again called, and desired to show what reason or warrant he had for uttering such speeches, refused still to make answer ; nor could any persuasion break his obstinacy, though he was earnestly laboured by JNIr Robert RoUock and Mr James Melvill apart, who did offer, upon the confession of the fault, that the process should cease.

The commissioners seeing no way to eschew the pronoun- cing of sentence, in regard of his obstinacy, did yet take counsel to visit the church, and inquire both of his and Mr Blake's behaviour in that ministry, before they went farther. A visitation for this effect being appointed the eleventh of July, and Mr Blake summoned to the same day, the elders and deacons of the Church were inquired touching the be- haviour of them both, and the verity of the accusations laid against them ; who all upon oath deponed that the accusa- tions were true, and that Blake had spoken all that whereof he was convicted before the council ; as also that the secre- tary's complaint of Mr Wallace was most just. And being asked touching their behaviour otherwise, they declared that both the one and the other were given to factions, and that they did not carry themselves with that indifferency Avhich became preachers.

This declaration made clear way to the commissioners for ending that business, and providing St Andrews with a more peaceable ministry ; whereupon sentence was given that both the ministers should be removed, and Mr George Gladstanes (a man sufficiently qualified, serving then at Arbirlot in Angus) translated and placed in their room, till anotlicr

A. D. 1597.] CHURCH OF SCOTLAND. 65

helper might be found out to be joined with him. This done, the Sunday following he was accepted of the people with a great applause, Mr Thomas Buchanan, Mr James Nicholson, and Mr James Mclvill enterinoj him to the charge.

And because it concerned the peace of the Church no less to have the abuses of the university reformed, the king call- ing the governors thereof, and inquiring what order they kept ; when he understood that, against the accustomed form, Mr Andrew Melvill had continued rector a number of years together, he commanded a new election to be made, and honouring the election with his own presence in the schools of St Salvator, ]Mr Robert Wilkie, principal of St Leonards, was chosen rector, and appointed to bear that charge unto the ordinary time of election. As also, for preventing the Hke disorders, a statute was made, " That none should be continued rector above a year, nor admitted to the said office but after the space of three years." It was likewise declared, " That any suppost, having received the degree of a Master of Arts, might be chosen rector, he residing in the university during his office, or at least the most part of the time."

In the new college, whereof the said Mr Andre\» had the charge, all things were found out of order ; the rents ill husbanded, the professions neglected, and, in place of divinity lectures, politic questions oftentimes agitated : as, " Whether the election or succession of kings were the better form of government ? How far the royal power extended ? and. If kings might be censured for abusing the same, and deposed by the Estates of tlie kingdom ?" The king, to correct these abuses, did prescribe to every professor his subject of teach- ing, appointing the first master to read the common places to the students, with the law and history of the Bible ; the second to read the New Testament ; the third the Prophets, with the Books of Ecclesiastes and Canticles ; and the fourth the Hebrew Grammar, with the Psalms, the Proverbs, and the Book of Job.

For the better husbanding of the rents, as well in that as in the other colleges, it was ordained, " That there should be a council chosen to the university, which should have power to elect an ceconomus in every college for uplifting the rents, and take care to see all things rightly administrated." Of this council were named the chancellor of the university,

VOL. in. 5

66 THE HISTORY OF THE [a. D. 1597.

the conservator of the privileges, the laird of Colluthie, Mr David Lindsay, Mr Robert Rollock, and Mr Thomas Buchanan ; without whose consent and subscriptions it should not be lawful to set any lease, or make other dispo- sition whatsoever of any part of their rents.

And, lest they should be distracted by any other employ- ment, it was concluded, " That all the doctors, professors, and regents, not being pastors in the Church, should be ex- empted from the keeping of sessions, presbyteries, synodical or general assemblies, and from all teaching in churches and congregations, exercises excepted; with a discharge to all and every one of them, to accept any commission prejudicial to the said exemption, under the pain of deprivation and rebellion, at the conservator's instance, the one execution not prejudging the other." Yet, that they should not be thought excluded from the General Assembly, it was ap- pointed, " That the masters and regents of the university should meet when any such occasion did offer, and condescend upon some three persons, of whom one should be elected by the foresaid council, to be present at the General Assembly for that year ; which person so chosen should not for the space of three years thereafter be employed in that commis- sion." These articles being openly recited in presence of his majesty, and of the whole members of the university, were accepted by the masters and regents, with solemn pro- mise of obedience.

This summer there was a great business for the trial of witches. Amongst others one Margaret Atkin, being appre- hended upon suspicion, and threatened with torture, did con- fess herself guilty. Being examined touching her associates in that trade, she named a few, and perceiving her delations find credit, made offer to detect all of that sort, and to purge the country of them, so she might have her life granted. For the reason of her knowledge, she said, " Tliat they had a secret mark all of that sort, in their eyes, whereby she could surely tell, how soon she looked upon any, whether they were witches or not :" and in this she was so readily bcUeved, that for the space of three or four months she was carried from town to town to make discoveries in that kind. Many were brought in question by her delations, especially at Glas- gow, where divers innocent women, through the credulity of

A. D, 1597.] CHURCH OF SCOTLAND. 67

the minister, Mr John Cowper, were condemned and put to death. In end she was found to be a mere deceiver (for the same persons that the one day she had declared guilty, the next day being presented in another habit she cleansed), and sent back to Fife, where first she was apprehended. At her trial she affirmed all to be false that she had confessed, either of herself or others, and persisted in this to her death ; which made many forthink their too great forwardness that way, and moved the king to recall the commissions given out against such persons, discharging all proceedings against them, except in case of voluntary confession, till a solid order should be taken by the Estates touching the form that should be kept in their trial.

In the borders, at the same time, great troubles were raised by the broken men of Tindale and Readsdale, who made incursions on the Scots side, and wasted all the country of Liddisdale. The laird of Buccleuch, that had the keeping of those parts, to be repaired of that wrong, made a roade into England, and apprehending thirty -six of the doers, put them all to death, and brought away a great spoil. Sir William Bowes being sent to complain of this, after much debating it was agreed, that for keeping peace in the borders, hostages should be delivered of either side. Englishmen into Scotland, and as many Scots into England. But Buccleuch, faihng to deliver his in due time, was commanded, for satis- fying the queen, to enter himself into England, as he did, remaining there from October to February next.

In the month of December a parliament was held at Edin- burgh, for restoring the forfeited lords to their lands and honours. Amongst the articles presented to this meeting by the commissioners of the Church, one was, " That the ministers, as representing the Church and Third Estate of the kingdom, might be admitted to give voice in parliament, according to the acts made in favours of the Church, and the liberty and freedom thereof." The king was earnest to have the article granted, and at last obtained an act to be made, whereby it was declared, " That such pastors and ministers as his majesty should please to provide to the place, title, and dignity of a bishop, abbot, or other prelate, at any time, should have voice in parliament as freely as any other eccle- siastical prelate had at any time bypast. And that all

68 THE HISTORY OF THE [a. D. 1598.

bishoprics then in his majesty's hands, and undisponed to any person, or which should liappen to fall void thereafter, should be only disponed to actual preachers and ministers in the Church, or to such other persons as should be found apt and qualified to use and exerce the office of a preacher or minister, and who, in their provisions to the said bishoprics, should accept in and upon them to be actual pastors and ministers, and according thereto should practise and exerce the same." As concerning the office of the said persons in the spiritual policy and government of the Church, the same was remitted to his majesty to be advised and agreed upon with the Gene- ral Assembly, at such time as his highness should think ex- pedient to treat with them thereupon; without prejudice in the meantime of the jurisdiction and discipline of the Church, established by acts of parhament, and permitted to general and provincial assemblies, and other presbyteries and sessions of the Church.

This act gave occasion to the indicting of a General As- sembly, which convened at Dundee in March next ; where the king being present, did show, " That he had anticipated the time of the Assembly (for the appointment was at Stir- ling, the first Tuesday of May), that he might be resolved touching their acceptation of the place in parliament, with the form, manner, and number of persons that should be admitted to have voice ; and thereupon desired them to enter into a particular consideration of the whole points of the act ; and first to reason whether it was lawful and expedient that the ministers, as representing the whole Clmrch within the realm, should have voice in parliament or not.

This question being long debated, first in private by some brethren selected to that purpose, then in the hearing of the whole Assembly, it was concluded, " That ministers might lawfully give voice in parliament, and other pubhc meetings of the Estate, and that it was expedient to have some always of that number present, to give voice in name of the Church." A second question being moved, touching the number of those that should have voice, it was agreed, " That so many should be appointed to give voice as of old had place in the papistical church, to wit, fifty-one persons, or thereby."

Thirdly, touching the election of those that should have voice, it was resolved, " That the same did appertain partly to

A. D. 1598.] CHURCH OF SCOTLAND. 69

his majesty, aud partly to the Church." And, because time could not permit the discussing of the rest of the points, as de modo eUgendi, what rent those ministers should have, whether they should continue in that office ad vitam or not, what their title should be, and the cautions to preserve them from corruption, with other the like circumstances, the pres- byteries were desired to consider the same throughly, and thereafter to meet in their synods all upon one day, to wit, the first Tuesday of June ; and having reasoned upon these heads, to direct three of their number to convene with his majesty (the advertisement being upon a month at least), and with the doctors of the universities, namely, Mr Andrew Melvill, Mr John Johnstone, Mr Robert Wilkie, Mr Robert Rollock, Mr Robert Howie, Mr Patrick Sharpe, and Mr James Martin, at such time and place as his majesty should think most convenient ; with power to them being so con- vened to treat, reason, and confer upon the said heads, and others appertaining thereto : and in case of agreement and uniformity of opinions, to conclude the whole question touch- ing voice in parliament ; otherwise in case of discrepance, to remit the conclusion to the next General Assembly.

The commissioners' proceedings in the planting of the church of St Andrews were at the same time ratified ; but the provision of Edinburgh, which they had likewise con- cluded, made greater business. The king had been induced by the humble entreaty of Mr David Lindsay, Mr Robert Rollock, and Mr Patrick Galloway, to suffer the old ministers to preach again in their places, upon their faithful promises to observe the conditions following : —

1 . That they should not in pulpit make any apology for themselves farther than to say, that they had satisfied his majesty touching their intentions in the day of the tumult, and that they condemned the raisers thereof, and all that took arms, or gave command or allowance thereunto, praising the calm and clement course his majesty hath taken in cen- suring the same.

2. That they should at no time thereafter tax, quarrel, or reproach, directly or indirectly, privately or publicly, any inhabitant of Edinburgh that did show themselves affectionate to his majesty ; and if any of them should happen to fall in

70 THE HISTORY OF THK [a. D. 1598.

any offence meriting the censure of the church discipline, they should in the trial and censuring thereof use them indiffer- ently, as if they had never kithed contrary to the said ministers.

8. That they should not in pulpit speak otherwise than reverently of his majesty's council and their proceedings, and in their sermons labour to imprint in the people's hearts a reverent conceit of his majesty and his actions, so far as in them lies ; and whenas they should hear any slanderous or offensive reports of his majesty or of any of his councillors, his or their intentions or proceedings, they should address them in all humility to his majesty, and with due reverence make him acquainted with the reports, receiving his majesty's own declaration therein, whereunto they should give credit, and generally should conform themselves to the order set down in the late General Assembly thereanent.

4. That they should never hereafter refuse to give account of any of their speeches in pulpit, or of their proceedings elsewhere ; but when his majesty should require the same, they should plainly declare the truth of that they should be asked, in all humbleness and simplicity, without claiming to the general warrant of conscience not founded upon reason.

The ministers upon these conditions being licensed to preach, and the town going on in dividing themselves in parishes, as they had promised, a leet was presented of some twelve persons, out of which number the commissioners of the Church were to elect four, besides the old ministers, to bear charge in that ministry, having his majesty's approba- tion. The four on whom the choice fell, were Mr Robert Rollock, principal of the College of Edinburgh ; Mr John Hall, minister at Leitli ; Mr Peter Hewat, and Mr George Robertson. Against the two last exception was taken be- cause of their youth, and that they were not men of that gravity which was required in ministers of such a place. Yet the commissioners, after trial taken of their quaUfication, proceeded, and decerned all the four to be admitted.

Hereof the old ministers complained, with whom the Synod of Lothian joined, who repaired in great numbers to the Assembly, thinking to carry the matter by voices ; but when after a long contestation it came to be judged, the decreet of

A. O. 1598,] CHURCH OF SCOTLAND. 71

the commissioners was approved, and a new commission given to Mr David Lindsay, Mr Robert Pont, Mr Robert Rol- lock, Mr George Gladstanes, Mr Patrick Galloway, Mr James Nicholson, Mr Thomas Buchanan, and Mr John Duncanson, to place the ministers in their several parishes ; or if any should refuse to accept, to depose them from the function of the ministry, and plant the Church with such others as they should think meet.

Meanwhile, because of the numbers that came from Lothian, an act was made, " That no presbytery should thereafter send above two or three ministers at most in commission to the Assembly, with one baron of the bounds, and one com- missioner from every burgh, Edinburgh excepted, who in all public meetings were allowed to have two."

About the end of the Assembly, a motion was made for removing all offences conceived by his majesty against any of the ministers, and particularly against the ministers of Edin- burgh ; whereupon the king was pleased to declare, " That for any offences past he did freely remit them, and should never at any time call the same to mind, in hope they would so behave themselves in time coming, as they should still deserve his good opinion." And so did this meeting close with the great content of all ; Mr John Davidson only, a man given to contention, finding that things went not to his mind, especially in the planting of Edinburgh, to the ministry whereof he was always aspiring, did protest in his own name and in the name of certain other brethren, " That none of the conclusions taken in that Assembly should be of any force, in regard the same was not a free Assembly, but overawed by the king." The moderator inquiring if any of the brethren would adhere to his protestation, none was found, all con- demning it, and the uncivil form he used in making the same. He himself, as his custom was when he made any such trouble, fled away, and lurked a while, till his peace was again made.

It was now thought that the planting of Edinburgh should receive no more delay, yet a new impediment cast in made no less ado than the former. Mr Robert Bruce had preached ordinarily in the town some ten years, but had not received ordination to the ministry ; and being urged therewith, re- fused, pretending the approbation of the General Assembly

72 THE HISTORY OF THE [a. D. 1598.

to be equivalent to an ordination. It was replied, " That the approbation he had of the Church was a license only to preach ; but being now to receive an office, it concerned them to observe the form prescribed by divers acts." But this not satisfying, he denied to yield in an iota to that which might question his former calling. And albeit it was offered to be declared at his entry, " That the ordination they used was not to question his former calHug, but rather to allow and confirm the same ;" he would not be content, except the declaration was given him in writing. This also yielded unto, a new difference arose among them upon the form of the declaration ; the commissioners offering to declare the law- fulness of his calling, and that the imposition of hands they were to use was not given him as a new entrance to the ministry, but as one that was taken to be entered to the charge of a particular flock ; he requii'ing to have it expressly said, " That they did acknowledge him a lawful pastor of Edin- burgh, as being called by the general Church thereto."

Ten days and more were spent in the setting down of this form ; and after many alterations at last they came to agree on this, " That the commissioners did acknowledge his calling to be a pastor in Edinburgh lawful, and that the imposition of hands was not used as a ceremony of his ordination to the ministry, but of his ordination to a particular flock." The declaration thus formed, a day was appointed for his admis- sion, and Mr Robert Pont, Mr Thomas Buchanan, aud INIr James Nicholson, chosen to perform the same. Mr Robert Pont having preached, and beginning to show what was the business they met for, Mr Robert Bruce arose, and stepping into the pulpit, fell a-complaining of the strict forms where- with the commissioners had used him ; which the people hearing, such a tumult was raised, as to all appearance the ministry that was to use the imposition of hands had been in danger, if the commissioner INIr John Nicholson, a man well respected (being there as one of the elders, to testify the Church's consent to his admission), had not by his wise and grave speeches reduced them to quietness. Always the business was put off for that time.

The king advertised of this was greatly offended, and com- manded the commissioners to cite Mr Robert Bruce, and censure him for the trouble he had made. He compearing

A. D. 1598.] CHURCH OF SCOTLAND. 73

excused himself, laying the blame on the people ; and being charged under pain of deprivation to give obedience, and accept the charge after the form prescribed, was upon the ninth of IMay, the day assigned for his acceptation, admitted by Mr David Lindsay and Mr Alexander Douglas with im- position of hands. Thus ended that business, which made more noise than was needful, and was judged to proceed rather of wilfulness on his part than of any good zeal.

The day appointed for the synod drawing near, the king sent William Melvill, commendator of Tongland, and Sir Patrick Murray to attend the Assembly of Fife, where it was supposed some new stirs should be made. The com- mission given them was, not to suffer any of the conclusions taken in the last General Assembly to be drawn in question, and to see that, in the other heads left undecided, nothing should be concluded definitive. But they found the synod more peaceable than was expected, and all things carried therein to the king's mind, Mr Thomas Buchanan, Mr George Gladstanes, and Mr John Fairfoul being chosen commissioners for meeting with those that should be sent from the other synods.

The report of this gave the king hopes of a good issue to the conference intended ; whereupon letters were sent, desiring the doctors of the universities and commissioners of the synod to be at Falkland the twenty-ninth of July. There, after a long deliberation, it was with an unanime consent agreed, —

1. Touching the manner of his election who should have voice in parliament, that the Church should name for each prelacy that was void six of their number, of whom the king should take one ; ,or if his majesty did not like any of those six, that as many others should be recommended by the Church, of which number he should accept one, without any more refusal.

2. That the nomination should be made by the General i.\ssembly, with advice of the synods and presbyteries, who should present to the General Assembly in writing the names of the persons they esteemed fit, and have liberty to name persons, as well without as within the bounds of their jurisdiction : providing if there was any person within the

74 THE HISTORY OF THE [a. D. 1598t

bounds meet and qualified, he should be preferred, ccBteris paribus.

3. Concerning his rent, that the churches being sufficiently planted, and no prejudice done to schook, colleges, and uni- versities already erected, he should be provided to all the rest of the prelacy whereunto he is preferred.

4. The cautions to preserve him from corruption should be these :

1st, That he should not propone to council, convention, or parhament, in name of the Church, any thing without express warrant and direction from the Church; neither should he consent nor keep silence in the said conventions, if any thing was moved prejudicial to the weal and hberty thereof, under pain of deposition from his office.

2d, Next, he should be bound to give an account of his proceedings in the discharge of his commission to every General Assembly, and obtain their ratification of the same ; submitting himself to their judgment, without making any appeal, under the pain of infamy and excommunication.

dd. He should content himself with that part of his bene- fice which should be given him for his living, and not hurt nor prejudice the rest of the ministers within his benefice, planted or to be planted, nor any other minister in the country whatsoever ; and this clause to be inserted in his provision.

Aith, He should not dilapidate his benefice in any sort, nor make any set or disposition thereof, without the special advice or consent of his majesty and the General Assembly : and, for the greater warrant, should interdict himself and be con- tent that inhibition be raised against him to that effect.

bth, He should be bound to attend the congregation faith- fully at which he should be appointed minister, in all the points of a pastor, and be subject to the trial and censure of his own presbytery, or provincial assembly, as any other of the ministers that bear no commission.

Qth, In the administration of discipline, collation of benefices, visitation, and other points of ecclesiastical government, he should neither usurp nor claim to himself any more power or jurisdiction than any of his brethren, except he be em- ployed, under pain of deprivation ; and in case he do usurp any part of the ecclesiastical government, the presbytery,

A, D. 1598.] CHURCH OF SCOTLAND. 75

synod, or General Assembly opposing and making impedi- ment thereto, whatsoever he should do thereafter should be null ipso facto, without any declarator.

7f/i, In presbyteries, provincial and general assembUes, he should behave himself in all things as one of the brethren, and be subject to their censure.

%th. At his admission to the office of commissionary, he should swear and subscribe all these and other points neces- sary, otherwise he should not be admitted.

dth, If it should happen him to be deposed from the ministry by the presbytery, synod, or General Assembly, he should loose his place in parliament, and the benefice be void ipso facto.

10th, That he should be called commissioner of such or such a place, if so the parliament may be induced by his majesty to accept that title, otherwise the General Assembly should consider and determine the same ; as also how long he should continue in office, whether ad vitam, except some offence make him unworthy, or for a shorter space, at pleasure of the Church.

It was neither the king's intention nor the minds of the wiser sort to have these cautions stand in force, (for to sub- ject the decrees of parliament to the Assembly, as in the second caution, or to interdict churchmen, as in the fourth, and serve inhibitions upon them, were things absurd ;) but to have matters peaceably ended, and the reformation of the policy made without any noise, the king gave way to these conceits, knowing that with time the utility of the govern- ment which he purposed to have established would appear, and trusting that they whom he should place in these rooms would by their care for the Church, and their wise and good behaviour, purchase to themselves the authority which appertained.

He had also matters of greater importance in hand, which made him desire to be settled in some sort with the Church ; for in June preceding he had directed an ambassage to the princes of Germany, wherein David bishop of Aberdeen and Sir Peter Young his eleemosynar, men of good abilities and learning, were employed. Their commission was, to inform the princes of bis right and title to the crown of Eng-

76 THE HISTORY OF THE [a. D. 1598.

land after the death of the queen Ehzabcth, and to request their assistance, if he should stand in need thereof. The queen was then stricken in years, and divers libels and pamphlets divulged against his title to that crown, Avhich made him careful to have his friends rightly informed, and to understand what aid he might expect if opposition should be made. " Not that ho minded (this they were willed to declare) to wrong or offend the queen in any sort, whom he bved and honoured as his mother, wishing her many good and happy days, but only to strengthen himself against un- just pretenders"; and if in the mean time they should be pleased by a common ambassage to entreat the queen to declare in her own time the right successor, for preventing the plots and practices of enemies, he would take it for a singidar friendship at their hands."

It was a painful ambassage, and by them faithfully dis- charged; for taking their journey by Denmark, as they were directed, and receiving letters commendatory from that king to the princes, they travelled to Udalrick duke of Mecklenburg, Maurice landgrave of Hesse, Frederick duke of Saxony and administrator of the electorate, Henry duke of Brunswick, John Adolphe diie of Sleswick, and Joachim marquis of Brandenburg ; and having communicated their message to them all severally, returned not before the end of the year. Of all the princes they obtained one answer in substance, which was, " That albeit his majesty's right was not unknown unto them, they did esteem it an act of great wisdom in him to make his friends acquainted with the exceptions taken against his title, that Avhen occasion required nothing might be wanting that lay in their power. But to move the queen for declaring her suc- cessor, they held it dangerous, and feared it should not so much promove the business as offend her. Always they should advise, and take counsel with their confederates and allies, and follow the course which was most likely for his benefit." This was the sum of the answer they returned.

The twenty-fourth of December the queen was brought to the bed of another daughter, who was christened in the chapel of Halyrudhouse the fifteenth of April, by Mr David Lindsay, minister of Leith, and named Margaret. The carl of Montrose (created chancellor in January preceding), with

A. ». 1598.] CHURCH OF SCOTLAND. 77

the Lord Hamilton and carl of Huntly, assisted as witnesses. These last two were at the same time preferred to the honour and dignity of marquises.

There died within the compass of this year divers worthy men, amongst whom Mr John Lindsay of Balcarres, secre- tary to the king, shall first be named ; a man honourably descended, of exquisite learning, and a sound judgment, held worthy by all men of the place he had in the senate, both for his wisdom and integrity : he died of the stone, where- with he had been pained many years.

Next to him Mr David Carnegy of CoUuthie, a wise, peaceable, and sober man, in good credit and estimation with the king, and taken into his pi'ivy council for his skill and knowledge in civil affairs.

And in the Church, Mr Thomas Buchanan, provost of Kirkheuch and minister of Ceres ; a man learned, wise, and a strong defender of the Church's rights : having attained to a good age, he died of a bruise which he received of a fall from his horse.

David Ferguson, minister of Dunfermline, of the age of sixty-five, departed also this life the same year ; a good preacher, wise, and of a jocund and pleasant disposition, which made him well regarded both in the court and country.

But the death of Mr Robert Rollock, taken away in the forty-third year of his age, and in the time when the Church had greatest need of his service, was beyond all the rest lamented. This man was born not far from Stirling, and trained up in letters under Mr Thomas Buchanan, who did then keep a famous school in that town. He passed his course in philosophy at St Andrews, and no sooner received the degree of a Master in Arts, than he was chosen regent of the college of St Salvator, where he had studied. In the year 1583, he was removed to Edinburgh, and made principal of a college which the town had there erected ; where by his lectures of divinity in the schools, and his ser- mons to the people (in both which he was assiduous), he came to be greatly esteemed. But the seventeen days' tumult and troubles that followed thereupon withdrawing him against his mind to the keeping of assemblies and other commissions of the Church, he was thereby much weakened ; for he was of an infirm body, and grievously pained with the stone.

78 THE HISTORY OF THE [a. D. 1599.

■whereof at last he died. In his sickness, being visited by his brethren of the ministry, amongst other pious exliortations, he did earnestly beseech them to carry themselves more dutifully towards the king, lamenting he should be so ill used by some of their number ; and gave them a most comfortable farewell. His torments were extreme, yet was he not heard to use an impatient word, but was still calling on God, with these and the hke sayings, " Haste, Lord Jesus, and tarry not, put in thy hand and take this soul away to thyself." At other times, " Go out, silly life, that the better life of God may enter in." Drawing near his end, he repeated a part of the sixth psalm, and framing a most pithy prayer out of the same, as one exulting after victory, he cried aloud, " Christ hath taken my yoke to bear, and now strengthened by his grace I will follow ;" with which words he yielded up his spirit. A rare example of holiness he was both in his life and death ; albeit, now dead, still preacheth by liis learned works, which it is pity should not be collected in one volume, and preserved to posterity. He deceased the last of Feb- ruary, and had his corpse honourably interred in the burial- place, an innumerable multitude of people accompanying the same to the grave.

To return to the Estate : The necessities of the king by foreign ambassages and other extraordinary employments daily increasing, he was forced to look the more nar- rowly to the administration of his rents ; for the ill managing whereof the laird of Wedderburn was put from his place, and the office of controllery given to Sir David Murray, who was afterwards preferred to the lordship of Scone. The prior of Blantyre, who was treasurer, for that he had offended the king by his partial behaviour in an action betwixt Mr Robert Bruce and the ministers of Angus, was committed in the castle, and forced to resign his office, which was conferred upon the earl of Cassils by his lady's procurement. She was the widow of the Lord Thirlstane, and said to be wealthy, which induced him to take her to wife, against the counsel of all his friends, who could not away with the imparity of their age, he being a young nobleman never matched to any, and she a woman past childbirth. But the desire he had to keep his estate made him take that course ; and she loving to stay at court and have her husband a ruler of affairs, made offer

A. D. 1599.] CHURCH OF SCOTLAND. 79

to advance some moneys, so as he might carry the place, whicli was readily accepted. Yet was it not long before they did both forthink the bargain, being pressed with a multitude of precepts for the laying forth of money, and so were glad to quit the office, with the loss, as was said, of forty thousand marks, which he did advance at his entry. In his place was the Lord Elphingston chosen, by the recommendation of his brother, then secretary.

Whilst these things were adoing in com*t. Sir William Bowes came ambassador from England, upon some rumours that the king was declining to popery, and had offered his obedience to the bishop of Rome by a letter, the copy whereof was brought by the master of Gray from Rome, and showed to the queen, of purpose to divide the two princes, and dis- solve the amity which was amongst them.

The queen, though she did take the letter to be feigned, and that the same was devised to breed a jealousy between her and the king, thought meet to advertise what was ru- moured, and to advise him not to build upon the friendship of Rome. The king did take the advertisement well, and made the ambassador very welcome, assuring him that these were false and feigned calumnies, neither did the king think any other at that time. Such a letter indeed was sent to the pope, and the king's hand surreptitiously gotten thereto, for which the secretary, Mr James Elphingston, was some years after, upon his own confession, convicted, as we shall hear.

Whilst this ambassador remained in the country, there fell out an accident which had almost wrought great trouble. An Englishman called Ashfield, who had brought some hunt- ing-horses to the king, and cunningly abused the English warden, did make his abode at court, and was there Avell entertained. The ambassador, whether desired by the queen or the warden it is uncertain, caused some of his servants keep company with the man, and allure him one day to Leith, where having drunk liberally, he was by coach, instead of returning to court, carried to Berwick. This being told the king, he was greatly offended, and giving order to watch the ambassador's lodging, sent to Berwick to bring back the man. The governor prayed the king to have him excused, for that the man being come within his charge, he could not dimit him without the queen's knowledge.

80 THE HISTORY OF THE [a. D. 1599.

The king receiving this answer, did challenge the ambas- sador, as not having carried himself dutifully, and wronged both him and the country : but he denying the fact, affirmed the same to have been contrived by two of his servants with- out his knowledge and direction. This none did believe, neither did the king vouchsafe him any more countenance. Whereupon he parted in a great discontent.

Soon after the king went to St Andrews for a new visit of the university, where it was ordained, " That there should be yearly, upon the third of March, a dean of faculty of theology elected by the doctors, the ministers resident within the city, and the principal masters of the colleges ; which dean so chosen should have the like privilege and jurisdiction upon the students and professors of theology, that the deans of philosophy had by the foundation over the professors thereof: with express provision, that he who was elected dean, should not till after three years space be received again into the office."

Other conclusions were also taken for distributing the stu- dents of theology in classes, and their yearly examination ; but were ill observed.

At this time came forth sundry discourses touching the succession of the crown of England, some oppugning, some maintainino' the king's title. Amongst others Mr John Col- vill, taking upon him one of the opposite treatises, did publish a recantation, wherein having confuted all the contrary rea- sons, he professed, that of malice in time of his exile he had penned the treatise, which then out of conscience he refuted. This was believed of many, and helped greatly to discredit the adversary writings ; yet was he not the author of that which he oppugned; only to merit favour at the king's hands he did profess the work that came forth without a name to be his : and indeed a more pithy and persuasive discourse was not penned all that time in that subject.

The same year did the king publish his Doron Basilicon upon this occasion. Sir James Semplc, one of his majesty's servants (whose hand was used in transcribing that treatise), upon an old familiarity with Mv Andrew Melvill, did give it him to read ; who offending with some passages that touched the ministry and present discipline, took copies thereof, and dispersed the same amongst the ministers. Thereupon a

A. D, 1599.] CIIUUCII OF SCOTLAND. 81

libel was formed, and cast in before the synod of St Andrews, wherein the passages at which they excepted being first set down, it was asked, " What censure should be inflicted upon him that had given sudi instructions to the prince (for the treatise was directed to Prince Henry), and if he could be thought well aiFected to religion, that had delivered such precepts of government." Sir Patrick Murray and Mr James Nicholson being present in the synod as commissioners for the king, and apprehending the libel to concern his ma- jesty, made diligent inquiry to find out the presenters. The whole number pretending ignorance, the commissioners com- manded the doors to be shut, and the roll of the ministers' names to be called, who being put to their oath one by one did purge themselves ; yet was it tried the very next day to be laid on the table by Mr John Dikes, minister at Anstruther, who being therefore cited before the council, was fugitive and denounced rebel. The rumour by this occasion dispersed, that the king had left certain directions to his son prejudicial to the Church and religion, he took purpose to publish the work ; which being come abroad, and carried to England, it cannot be said how well the same was accepted, and what an admiration it raised in all men's hearts of him, and of his piety and wisdom. Certain it is, that all the discourses that came forth at that time (and those were not a few), for main- taining his right to the crown of England, prevailed nothing so much as did this treatise against which such exceptions had been taken.

In the end of the year happened some new jars betwixt the king and the ministers of Edinburgh, because of a com- pany of English comedians whom the king had licensed to play within the burgh. The ministers offending with the liberty given them, did exclaim in their sermons against stage-players, their unruliness and immodest behaviour ; and in their session made an act prohiiiiting people to resort unto their plays under pain of the Church censm*es. The king- taking this to be a discharge of his license, called the session before the council, and ordained them to annul their act, and not to restrain the people from going to th-o&Q comedies, which they promised, and accordingly performed ; whereof pubHca- tion was made the day after, and all that pleased permitted to repair unto the same, to the gr.cat offence of the ministers.

VOL. III. 6

82 THE HISTORY OF THE [a. D. 1600.

The next year, which by public ordinance was appointed to have the beginning at the calends of January, and from thenceforth so to continue (for before that time, the year with us was reckoned from the twenty-fifth of March), there was an Assembly kept at Montrose, the twenty-eighth of March, where the king himself was present. Therein that great business of the Church's voice in parliament was determined; and first, the conclusions taken at Falkland in July 1598 were ratified. Then touching the continuance of those that should be chosen to give voice for the Church, it was, after much debating, concluded, '* That he who was admitted should yearly render an account of his commission to the General Assembly, and kiying the same down at their feet, should be therein continued ; or if his majesty and the As- sembly did think it fit to employ another, he should give place to him that was appointed." Two caveats more were adjoined to the former. One was, " That they who had voice in parliament should not have place in the General Assembly, unless they were authorized by a commission from the presbyteries whereof they were members." The other caveat was, " That crimen ambitus should be a suflicient reason to deprive him both of his place and office." And now there rested no more but to nominate persons to tlie bishoprics that were void. Aberdeen and Argyle liad their own incumbents at the time, both actual preachers; St Andrews and Glasgow were in the hands of the duke of Lennox ; Murray possessed by the Lord Spynie ; Orkney by the earl of Orkney ; Dunkeld, Brechin, and Dunblane had their own titulars, but these were not ordinary preachers; Galloway and the Isles were so dilapidated as scarce they were remembered to have been. Only in Ross and Caith- ness some provision was left, whereunto, by consent of the Church, Mr David Lindsay and Mr George Gladstanes were presented ; the first to the bishopric of Ross, the other to Caithness ; who, not the less, continued still serving in their churches at Leith and St Andrews, for as yet they could not find any settling in their dioceses. Besides the conclusion taken in this business, divers other good acts were concluded at that time, as may be seen in the Book of Records.

Some three weeks before this convention, John Dury,

A. D. 1(J00.] CHURCH OF SCOTLANB. 83

minister at Montrose, departed this lite. He was born at Maueidine, a little village in the country of Kyle, and trained up a while in letters in the town of Ayr ; after which he was sent to George Dury, his cousin, abbot of Dunfermline, and placed by him among the monks of that abbey, where he lived three years. Then falling in some suspicion of that which they called heresy, and delated thereof to the abbot, after trial taken he was condemned to be immured, that is, to be shut up between two walls till he died. Yet by the means his friends made with that worthy nobleman, the carl of Arran, he was delivered, and shortly after the Reforma- tion admitted to tlie ministry ; in which he served first at Hailes, near to Edinburgh, then at Leith, and when the civil troubles ceased, translated to Edinburgh, where he continued minister the space of ten years. A man earnest and zealous in every thing he gave'himself unto, but too credulous (a fault incident to the best natures), and easily abused by those ho trusted ; which bred him great trouble whilst he remained at Edinburgh. In Montrose, where he was at first confined, and whereof soon after he became minister, he lived well respected, and in great quietness, making it appear that the many contests and strifes he had in former times proceeded not from his own disposition so much as from the suggestion of others ; for all the sixteen years he lived there, no man did carry himself with greater modesty, nor in a more dutiful obedience, and was therefore well beloved and esteemed by the king. He wished earnestly to have lived unto the meet- of the A^^-scrably, that he might have declared his mind touch- ing the matters then in hand ; but Avhen he perceived his sickness increasing, and that he should not continue so long, he entreated some brethren that did visit him, to show the Assembly, as from him, " That there was a necessity of re- storing the ancient government of the Church, because of the unruliness of young ministers, that could not be advised by the elder sort nor kept in order ; and, since both the estate of the Church did require it, and that the king did labour to have the same received, he wished them to make no trouble therefor, and to insist only with the king that the best mi- nisters, and of greatest experience, might be preferred to places." This as he directed was reported to the Assembly, and of the greatest part well received ; for ho was certainly

84 THE UISTOHY t)l lllli [a. D. IGOO.

a sound-hearted man, and fur from all dissimulation, ever professing what he thought, and following tlie course that he held most expedient for the Church. To the poor he was exceeding helpful, compassionate of those that were in any distress, and merciful even when he seemed most severe. He died the last day of February, in the sixty-third year of his age.

It was in August this year that the conspiracy of Gowrie fell forth ; a conspiracy plotted by him alone, and only com- municated to Mr Alexander, his brother, two youths of great hope, at whose hands no man could have expected such an attempt. Their father had been taken away by form of justice in the year 1584, whilst the king was yet minor, and forced he was unto it as unto many other things that agreed not with his mind. But the care he took of the nobleman's children, and kindness wherewith he used them, did show how much he disliked that proceeding ; for he restored the eldest to his father's honour and living, his brother Alexander he made one of his bed-chamber, a sister of theu's he pre- ferred to be chief maid about his queen, and had a purpose to advance the earl himself to a principal office in the king- dom. Such and so great benefits might have endeared the most barbarous and hard-hearted. But benefits arc no be- nefits to the malicious, and those that are set for revenge. The device was to allure the king to the eail's house in Perth, and there to kill him. The king was then remaining in Falkland, and one day early in the morning (it was the fifth of August), as he was going to take his sport in the park, Alexander meets him, and telleth that his brother had intercepted a man, a Jesuit, as he supposed, with a great quantity of gold, and that he kept the man fast in his house at Perth, and sent him with the news, praying the king to make haste, for that he doubted not he should learn things woi-thy of his travel. The Idng moving some questions touching the man's stature and habit, and the place where he was taken, received no other answer, bnt that his bi'otlicr would satisfy him in all those things at his coming ; which put him in a suspicion that the gentleman was distracted, for he observed in him some perturbation ; yet, because of the instance he made, he yielded to go, willing liim to ride back, and show that he would be with his brother before dinner.

I

A. D. 1600.] CHURCH OF SCOTLAND. 85

After a short chase and a buck killed, the king made to- wards Perth, accoinpanied with the duke of Lennox, the earl of Mar, and a few gentlemen moi-e, all in their hunting-coats. By the way, the king did ask the duke of Lennox if he had known Mr Alexander (for the duke had married his sister) at any time troubled or distempered in his wits. The duke answering -that he had never known any such thing in him, the king insisted no farther. Being come to the town, the Earl Gowrie did meet him, and was noted by all the company to be in some trouble of mind, the very imagination of the fact he went about perplexing his thoughts. But he coloured all with the want of entertainment, saying, that ho did not expect the king, and that his dinner was not prepared. The king wishing him not to trouble himself with those thoughts, because a little thing would content him, and for the noble- men a part of his own dinner would suffice them, they dis- coursed of hunting and other common matters till meat was dressed. How soon the king had taken a little refreshment, and the lords were placed at table in another room, Mr Alexander did sound in the king's ear, that the time was fit whilst the lords were at dinner to go and examine the stranger. At which word the king arose, and went up stairs, Mr Alexander going before him. The king did call Sir Thomas Erskine (afterwards carl of Kelly) to follow him ; but Mr Alexander turning at the door, after the king was entered, said that the king willed him to stay below, where- upon Sir Thomas went back. Thus the door was shut, and Mr Alexander guiding him to an inner room, the king did perceive a man standing alone, whereupon he asked if that was the man. Nay, said Mr Alexander, there is another business in hand; and with that word covering his head, " You remember," said he, " how you used my father, and now must you answer for it." " Your father ?" answered the king, " I was not the cause of his death ; it was done in my minority by form of justice. But is this your purpose, and have you trained me hither to murder me ? Did you learn this lesson of Mr Robert Rollock your master ? or think you, when you have done your will, to go unpunished?" Mr Alexander, stricken with the speeches, and the man who was placed there to assist him trembled for fear, desired the king to be quiet, and make no noise, for that he would go speak

86 THE IIISTOHY OK THK [a. D. 1600.

with his brother, and pacify hiin. This said, he went down a back way, as it seemed to the court below.

Whether he did meet with his brother at that time or not is unknown, but his stay was short, and when he returned, he said to the king, " There is no remedy, you must die." Then making as though he would have tied the king's hands, they fell a-w^-estling, and the king drawing him by force to a window in the corner that looked toward the street, as ho espied the earl of Mar, cried, " Help, earl of INlar, help." The voice and words were discerned by all the lords and gentlemen, who thereupon ran to seek the king by the way that went up ; but the doors being shut, there was no entry that way till the same was broke by force, which took up a large time. Upon the first cry, Sir Thomas Erskine, sus- pecting treason, did flee upon Gowrie, and taking him by the gorge, said, " Thou art the traitor ;" but they were quickly sundered by his servants that stood by. The first that came to the king was a page called John Ramsay, who falling upon a back passage by which the traitors, after the deed com- mitted, had purposed to escape, found the king and Mr Alexander struggling. The king calling to him and bidding him strike the traitor, he gave Mr Alexander two or three wounds with his dagger, and so parted him from the king. The man who was placed there to assist Mr Alexander did steal away secretly ; and he himself, perceiving that the treason was discovered, made down the stairs, where being encountered by Sir Thomas Erskine, and asked how the king was, because he gave no direct answer, and only said, " That he took God to witness that he was not in the fault," he thrust him through the body with his sword, and killed him outright.

Sir Thomas was followed by Hugh Hereise, doctor of medicine, and a foot-boy named Wilson, who seeing the king safe were not a little joyed, and placing him in a little room, and shutting the door, they prepared to defend the entry. Gowrie accompanied with three or four servants breaketh presently into the chamber, and with his two swords, one in each hand, puts them all to their shift, and had undoubtedly overthrown them, but that one of the company crying, " You have killed the king our master, and will you also take our lives?" he became astonished, and setting tlic points of hi.**

A. D. 1600.] CHURCH OF SCOTLAND. 87

two swords to the earth, as if he minded to cease from any more fight, he was instantly stricken by tlie page with a rapier which pierced the heart, so as he fell down dead. The servants, seeing him fall, made away ; only Mr Thomas Cranston being sore wounded, and not able to shift for him- self, was apprehended. In this fight. Sir Thomas Erskine and Doctor Hereise were both hurt, but nothing dangerously.

By this time the doors of the other passage being made open, the lords and a number with them entered into the room, who hearing what happened went all to their knees, and the king himself, conceiving a prayer, gave thanks to God for his deliverance, and that the device of those wicked brothers was turned upon their own heads. The danger that ensued was not much less, for the people of the town taking arms did environ the house, crying " to give them out tlieir provost, otherwise they should blow them all up with pov/der." The rage of the multitude was great (for they loved the earl, as being their provost, beyond all measure), and with great difficulty were they kept back from using vio- lence ; at last the bailies and certain of the citizens being admitted to enter and brought to the king, when they were informed of the truth of things, returned and pacified the people. After which the king took horse and returned to Falkland, where he was welcomed (the rumour of the danger having prevented^ his coming) with great acclamations of joy.

It was observed, not without some wondering, that after Gowrie was killed there issued no blood for a good space from his body, till his girdle being loosed and taken from him, the same gushed forth in abundance. This was supposed to be the eiFect of some characters that he did always carry in a little bag at his girdle, which being viewed, were found to be certain spells of necromancers, and added much to the infamy of his death.

A dihgent search was made the days following for the man the king saw standing in the room, and large rewards promised to those that should find him out. In this search one of the earl's servants, called Henry Younger, hiding him- self out of an idle fear among some growing corns, was lulled, and for some days supposed to have been the man ; till ' Anticipated.

88 THB HISTORY OK THE [a. D. IGOO.

Andrew Henderson, cliamberlain to Gowrie, discovering himself to the comptroller, did offer upon promise of his life to enter and sliow all that he knew in that business. Another of Gowrie's servants surnanied Craigengelt was some two days after apprehended, and both he and Mr Thomas Cran* ston executed at Perth ; though at their dying they declared that they knew nothing of the earl's purpose, but had only followed him as being tlieir master unto that room, where if tliey had known the king to have been, they would have stood for him against their master and all others.

Henderson at his examination declared, that, the night preceding the attempt, the earl had directed him to attend his brother Mr Alexander, and do what he commanded. That accordingly he accompanied him the next morning to Falkland ; and when they were returned, being commanded by Mr Alexander to dress hbnself in his armour, and go •wait till he came unto him in that upper room, he obeyed. But that he could not imagine any purpose against the king, either in him or in the earl, nor would have believed it un- less he had seen the same with his eyes. Being demanded ■why he did not take the king's part when he did see them fall a-wrestUng, he excused himself by a sudden fear that overtook him in the time ; and indeed he looked ever after that time as one half-distracted. It was much marvelled that in so high an attempt the earl should have made choice of such a one ; but the man Avas of a servile spirit, and apt enough to do mischief; and many have conjectured that, if the treason liad taken effect, it was in the earl's purpose