BETH. 49. Is it not reasonable, that, before any letters of horn- ELIZAing are granted by the lords of the session upon process of excommunication, the party or criminal should be cited to hear them granted? The reason is, because, if any exceptions could be urged against the Church censure, the horning or outlawry might be stopped. 50. Has not a Christian king power to reverse a notoriously unjust sentence of excommunication? 51. May any council, society, or university, be excommunicated?—for what cause, by whom, and in what manner? 52. When the pastors fail in their duty, or when one spiritual jurisdiction encroaches upon another, or when any other failure or breach happens in the Church, is it not within the authority of a Christian king to rectify such disorders? 53. May public fasts be proclaimed in a Christian kingdom without the sovereign's command? 54. May any ecclesiastical consistory force a man to swear in suam turpitudinem; that is, swear to discover such things as must of necessity stick a blemish upon his character? 55. Are ecclesiastical courts to take cognizance of any thing to the prejudice of property and civil jurisdiction? And is it not lawful for the secular magistrate to supersede Ch. Hist. all such proceedings? Spotswood's p. 434. The Presbyterian ministers were not a little embarrassed with these queries: for most of them supposed abuses in the discipline, and were plainly levelled against them. Now, to find the Church government mooted, which had been all along pretended no less than part of the Gospel, was a severe mortification. To prevent the progress of this controversy, or any unserviceable impressions upon the people, all imaginable precaution was used, and several private consultations held for this purpose. The king, on the other side, was not negligent to make an interest with the members of the assembly; and, being informed the ministers in the north parts were most likely to be gained, he despatched Sir Patrick Murray, a gentleman of his privy-chamber, to that quarter. Sir Patrick moved their publishing an abhorrence in the North. The king's message to the ministers He was of the ane tresunde Tractus Limburg. ng also drons and other ei and criminal name: ani ir saling mistes at accom for all descounes. Geivered i punts, sennos, or ésevhere, which incied art of the aforesaid emes. The Dorziet mumistes revied. that as to the tumult Ednor IT were mammed with what share the Lovi-ministers might haven, and nu being within their jurisdizin, they had an army at bensure them. But, in general, they made no serunde ut say, that whoever was found guity of dan surrezion ungin 2: suffer as traitors; and if they were ministers, they deserved to be doubly pazished TM When the genera assen by me, the king's commissioners had the folowing armacies before them, letting them know that his majesty was contented to refer the decision of the greatest part of the questions to a further opportuzity, and would be satisfied with an affirmative resolution in the following points 1. That it is not unlawful either for prince or pastors, in zeng to propose reformation in the external government and discipline of the Church, provided it is in things not essential to salvation, nor expressly determined in Scripture. 2. That, since the civil administration belongs properly to the king and council, and is by no means included in the function of an ecclesiastic, for this reason no ministers should meddle with state matters in the pulpit, or quarrel the constitution; but if any part of the government seems to bear hard upon religion, they should make their complaint to the king and council. 3. That no ministers shall take the liberty to name people in the pulpit, or paint them out in an equivocal description, unless the crimes happen to be notorious; and that the proofs allowed to make a crime notorious, must be either the persons flying from justice, or the verdict of a jury, or excommunication. 4. That every minister shall be obliged to confine his BETH. application to the edification of his own parishioners, and ELIZAnot to run out into reflections in which they are no ways concerned. 5. That every presbytery be commanded to examine the doctrine of their ministers, and take care they keep themselves within their bounds. 6. Summary excommunications were never to be used; and that three lawful citations, of eight days' interval betwixt each of them, should precede the sentence. 7. That no session, presbytery, or synod, should exert censures upon any persons out of their precinct; and that, in case they stretched their jurisdiction further, their proceedings should be of none effect. 8. That all summons should assign particular reasons and crimes, and not run generally super inquirendis, quod est mere tyrannicum. 9. That the ministers should hold no meetings without his majesty's knowledge and consent, excepting parochial sessions, presbyteries, and synods. 10. That no ministers should be settled in the principal boroughs, without the consent of his majesty and the congregation; and that this order should immediately take place at Edinburgh. 11. That the rest of his majesty's questions may sleep and lie uncensured till the next general assembly; and that the Church consistories take cognizance of no causes but purely such as are ecclesiastical. 12. That seven or eight discreet ministers may be commissionated to argue upon the remaining questions when 657. opportunity shall serve. Some of these articles being demurred to at first, the king required the assembly to attend him at the convention of the estates. And here his majesty, making a speech, told them, amongst other things, that he claimed nothing more than what belongs to every Christian king,—that is, to be "custos et vindex disciplinæ, to guard the canons, and provide for the execution of discipline." In the close, he desired to hear what reasons they had to urge against the twelve articles. Idem Coon this. Mr. Thomas Buchanan, pursuant to his commission, made his protest in the name of the assembly, That their ecming thither was only in obedience to his protestation majesty, and to hear what was propounded: it was not to submit the business of the Church, either with respect to doctrine or discipüne, to the ecgnizance of the estates, or to incorporate themselves with that secular body; and therefore, he desired they might have leave to return to the place of their assembly, and there debate and determine upon the points in question, and that their resolutions might be governed by the Word of God and a good conscience." Several artures agreed. This protestation being admitted. Buchanan returned his majesty thanks for his affection to the Church, and the care he expressed for redressing things amiss in so gentle and condescending a manner. After this, offering the assembly's exceptions to the articles proposed, he added, they were ready to be further instructed. This compliance brought on a new conference, which ended in the following agreement : 1. That it is lawful for his majesty, by himself or his commissioners, and likewise to the pastors, to propose in a general assembly what questions they desire should be resolved, or what things they would have reformed in the external government of the Church. 2. That no minister shall be allowed to remonstrate against his majesty's laws or administration, till by the advice of his presbytery, of a synod, or general assembly, he has applied to the king for redress, and reported his majesty's answer. 3. That no man should be named in the pulpit by way of invective, excepting the misbehaviour happens to be public and notorious. As to the notoriety of the fact, it is defined in the manner above-mentioned. 4. The answer to the sixth article above-mentioned was postponed till the next general assembly. However, all summary excommunications were to cease in the mean time. 5. The seventh article was likewise to be referred to the next general assembly. The rest of the articles were agreed ELIZAin the terms propounded by the king. This year, John Lesley, bishop of Ross, departed this life at Brussels. Notwithstanding his dying in a different communion, archbishop Spotswood gives him an honourable character for his loyalty to the late queen of Scots. He commends him likewise for his History of Scotland, written in Latin, and that this performance was a proof of his learning and judgment. Mr. David Lindesay, minister of Leith, was preferred to that bishopric the year following. And thus it appears, that notwithstanding Presbytery was the regnant religion, yet the title of bishop was still continued upon some sees. BETH. To return to England: this year Richard Fletcher, bishop of London, departed this life. He is said to have taken the see of Bristol upon terms of compliance, closed with foul proposals, and almost secularized the see by letting leases upon inconsiderable rents reserved. He likewise mismanaged in the same kind upon his translation to HarringLondon. ton's Short View, &c. Salisbury, and mis ment. View, &c. John Coldwell, doctor of physic, and bishop of Salisbury, Coldwell, died about the same time. He proved a very unfortunate bishop of prelate to the bishopric. Sir John Harrington observes, his death that, in this reign, it was the method of some courtiers to managelook out for churchmen unfurnished with merit and honesty, Harringand prefer them for tools to their avarice. Coldwell happen- ton's Short ing to be thus qualified, Sir Walter Raleigh made use of p. 23. the opportunity, and snapped Sherborn-castle, with the manor, park, &c. To make his design bear, he solicited queen Elizabeth to give way to the alienation. He knew she had often been surprised at that quarter. Having got over this difficulty, the remaining part was easy enough: for Coldwell, either out of cowardice or covetousness, seems to have resigned without struggle. But, notwithstanding Sir Walter's gaining his point, it was firmly believed a coal stuck to the flesh snatched from the altar. Sir John Harrington makes no scruple to report, that the "judgments of God were manifest" on both of them. The bishop, who, I Id. p. 89. hope, repented his bargain, died a beggar; and as for the |