The convocation met some few days before the parliament; JAMES I. but all the business they did was the granting a subsidy. Feb. 10, Upon the king's writ the archbishop prorogued the two houses 1609-10. to the 17th of October following.

Extract of
Convoc.

ment at

of the

June 24,

A. D. 1609.

To say something of Scotland: the last year, at a parliament 4 parliaheld at Edinburgh, the acts passed in the preceding conven- Edinburgh tion were confirmed; particularly the jurisdiction of commis- restores the temporal saries were restored to the Church. The preamble sets forth, jurisdiction "that in all well-governed republics the ecclesiastical and civil Church. jurisdictions are separate and distinct; and that the temporal jurisdiction of the Kirk flows only from his majesty;" which is an implied concession that the spiritual does not. By the act, "the cognizance of several causes anciently belonging to the bishops' courts, but lately settled in the college of justice, are now returned to the ordinaries; and the lords of the session, by way of compensation, are allowed 10,000l. Scotch, to be yearly paid out of the customs of that kingdom.”

James 6.

parl. 20.

cap. 6 & 11.

By another statute, "those who are already, or shall hereafter be excommunicated for not conforming to the established Id. cap. 2. religion, incur the forfeiture of their estates, which are to be seized for his majesty's use."

By this parliament the habits of the judges and magistracy, Id. cap. 8. of churchmen and lawyers, was referred to the king's appointment.

To proceed his majesty wrote earnestly to the Scotch bishops to extend their administration and manage to the length of their character; but these prelates were apprehensive the venturing upon such a change without the consent of the ministers might be ill received. To make the affair therefore more practicable, a general assembly was held at Glasgow, the earl of Dunbar and the archbishop of St. Andrew's were July 8, the king's commissioners. The earl opened the meeting by acquainting them that his majesty's intention was to settle the Church in a commendable condition of discipline; and to give authority more particular directions and dispose them to a thorough a great meacompliance, his majesty's letter was read. It is superscribed sure by the thus::

A. D. 1610.

The bishops'

recovered in

Glasgow.

BANCROFT, Abp. Cant.

The king's letter to the assembly.

"To the right reverend Fathers in God, our right trusty and well-beloved cousins and counsellors, and others our trusty and well-beloved the prelates, noblemen, and others our loving subjects, as well ministry as laity, presently met and convened in this assembly."

The letter sets forth, "that nothing has so much disserved the glory of God and the repose of the Church as the want of order and government, without which no society, either ecclesiastical or civil, can possibly subsist. And notwithstanding the singularity, the obstinacy or ignorance of some people, kept up a sort of headless government for a while; yet the inconvenience and impotence of this administration was quickly discovered. The king, therefore, to put a stop to this evil, which had otherwise proved an incurable cancer, had assisted in person at several assemblies, had provided a maintenance for ecclesiastics, and recovered their jurisdiction from the encroachments of the laity. These things considered, his majesty hoped that the Church, being sensible of their errors in suffering the late anarchy in their body, would have made their application to him for establishing the ecclesiastical government upon the primitive model; that a proper remedy might be found out to close the divisions, and put an end to the present distractions. But whether this negligence and misconduct were chargeable upon the unwillingness or unworthiness of the Fathers of the Church, or that the factious singularity of those of lower condition was the occasion of continuing this confusion, his majesty is uncertain. However, conceiving himself bound not to suffer such dilatory proceedings in so important a matter, he has thought fit to convene the present assembly; not so much upon the score of necessity, as if the consent of the members was absolutely requisite to the things proposed, but to shew his majesty's zeal for the glory of God, and the inexcusableness of those who refuse to concur with him for the interest of the Church. However, hoping their present management will give him a better opinion of them for MS. Acts of the future, he refers them to the earl of Dunbar and the archthe Assem- bishop of St. Andrew's, who have instructions to acquaint Archibald them farther with his majesty's pleasure." The letter is dated Campbell. from Thetford, May the 8th, 1610.

bly, penes

Armig.

After the reading his majesty's letter, the assembly ap- JAMES I. pointed a committee to draw up such heads of discipline as they thought necessary for the government of the Church, and giving the king satisfaction.

After some days spent in forming a draught and debating the matter, the following articles were all ratified and approved by the whole assembly :

settled.

"1. It was declared that the late assembly at Aberdeen The Articles was null, principally because it had not his majesty's allowance; and that the appointing assemblies is part of the prerogative royal it is likewise agreed a general assembly shall be held once a year.

"2. It is declared expedient that the bishops should be moderators in every diocesan synod; that these synods should be held twice a year; and that where the dioceses are large, there may be two or three synods convened at a proper distance for the ease of the ministry.

"3. That no sentence of excommunication or absolution be pronounced against or in favour of any person, without the knowledge and approbation of the bishop of the diocese, who must be answerable to his majesty for the regularity of his proceedings. And when the process is fairly and legally finished, sentence is to be pronounced at the bishop's direction, by the minister of the parish where the offender dwells. And in case the bishop shall delay pronouncing the sentence against any person that deserves it, and where the process has been carried on to a just length; in case the bishop shall be convicted of such misbehaviour by a general assembly, his majesty shall be acquainted with what is passed in order to furnish the see with another prelate.

"4. That for the future all presentations shall be directed to the bishop of the diocese, and that a testimonial of the life and abilities of the person presented should be sent to the bishop by the neighbouring ministry: and the bishop finding him qualified upon his own examination, is to take in the assitance of some of the ministers of the bounds where the person is to officiate: and then, as the manuscript speaks, to perfect the whole act of ordination.

"5. That in order to the depriving of ministers, the bishop, with the assistance of some ministers of the neighbourhood

701.

BANCROFT,

where the delinquent officiates, shall proceed to try the cause, Abp. Cant. and pronounce sentence.

The oath taken by

ministers at their admis

sion to a

benefice.

Ibid.

“6. That every minister at his admission, shall swear obedience to his majesty and his ordinary, pursuant to the form set down in the conference held in the year of our Lord 1571, in the following tenor:

666

'I, A. B., now nominated and admitted to the Church of D., utterly testify and declare in my conscience, that the right.. excellent, right high and mighty prince James VI., by the grace of God, king of Scots, is the only lawful supreme governor of this realm, as well in things temporal, as in conservation and purgation of religion: and that no foreign prince, prelate, state or potentate, has or ought to have any jurisdiction, power, superiority, pre-eminence, or authority, ecclesiastical or spiritual, within this realm. And therefore I utterly renounce and forsake all foreign jurisdictions, powers, superiorities and authorities, and promise that from this time forth I shall and will bear faith and true allegiance to his highness, his heirs and lawful successors: and to my power shall assist and defend all jurisdictions, privileges, pre-eminences and authorities, granted and belonging to his highness, his heirs and lawful successors, or united and annexed to his royal crown. And farther, I acknowledge and confess to have and hold the same Church and possessions of the same (under God only) of his majesty and crown royal of this realm. And for the said possessions I do homage presently unto his highness in your presence; and to his majesty, his heirs, and lawful successors shall be faithful and true. So help me God.'

in

"7. The diocesan visitations are to be made by the bishop person, unless the bounds are too large for him to go over : in which case he is to make choice of some worthy minister of the diocese to visit for him. And whatever minister shall, without lawful excuse, refuse to appear at the visitation, or diocesan assembly, shall be suspended from his office and benefice, and unless amendment follows, deprived.

“8. That the exercise of doctrine be continued weekly the ministers at the time of their customary meetings; among and that the bishop either moderates himself, or appoints some person to represent him.

"9. That the bishops shall be subject to the censure of the JAMES I. general assembly in all things relating to private and public conduct; or, as the assembly speaks, touching life, conversation, office and benefice. And the bishops being convicted of misbehaviour by the assembly, are, with his majesty's advice and consent, to be deprived.

"10. That no bishop be elected under forty years old, and who has not for some years been a teaching minister.

"Lastly, It was unanimously decreed, that no minister, either in pulpit, or public exercise, should argue against, or disobey the acts of this present assembly, under the penalty of deprivation; and particularly, that the question of equality or inequality in the Church should not be discoursed in the pulpit Ibid. et Spotswood. under the same forfeiture." Refutatio Libell. &c. et Church Hist. p. 512.

Spotswood.
Refutat.

Regim.

The resolutions of this synod were unanimous almost to an universality, there being but three dissenting members amongst about one hundred and forty. Soon after the breaking up of the assembly, the archbishop Libel, de of Glasgow was sent for to attend the king, and ordered to Fccles. bring two other Churchmen of his own choosing along with him. He pitched upon the bishops of Brichen and Galloway, and came to court about the middle of September.

Scotic.

p. 83.

London.

The king, opening the business for which they were ordered The consecration of hither, acquainted them, "that at a great expence he had three Scotch recovered the bishoprics out of foreign hands, and bestowed bishops at them upon such as he hoped would acquit themselves well in that station: but since he could not make them bishops, neither could they assume that honour to themselves; and that in Scotland there was not enough of that order to manage a canonical consecration, for these reasons he had called them into England, that being consecrated themselves, they might propagate the character, and ordain at home. That by this expedient the adversaries might be effectually silenced, who gave out, that he took upon him to make bishops, and bestow spiritual offices: but this report was altogether aspersion, for that he had not done any thing of this kind, nor would he ever presume to go thus far: and that he acknowledged such an authority belonged to none but our blessed Saviour, and those commissionated by him."

Spotswood's
Ch. Hist.

The archbishop, speaking for the rest, professed their willing- p. 514.