THE ACT FOR ABOLISHING THE JURISDICTIOUN OF THE PAPE.[271]

IN the Parliament haldin at Edinburgh, the tent day of Julij, the year

of God J^m V^c lx yearis, and thairefter continewit to the first day

of August nixt thairefter following, with continewatioun of dayes,

upoun the xxiiij of the said moneth of August:[272] The thre Estaitis,

then being present, understanding that the jurisdictioun and

authoritie of the Bischope of Rome, callit the Pape, usit [with]in

this Realme in tymes bypast, hes [not onlie bene contumelious to the

Eternall God, but also] verry hurtsome and prejudiciall to our

Soveranis authoritie, and commoun weall of this Realme: Thairfoir hes

statut and ordainit, that the Bischope of Rome, [callit the Paip,]

have na jurisdictioun nor authoritie [with]in this Realme in tymes

cuming; and that nane of oure said Soveranis subjectis sute or desyre,

in ony tyme heirefter, tytill or rycht, be the said Bischope of Rome

or his sect, to ony thing within this Realme, under the panis of

Barratrie; that is to say, proscriptioun, banishment, and never to

bruik honour, office, nor dignitie within this Realme: And the

contraveaneris heirof, to be callit befoir the Justice or his

deputtis, or befoir the Lordis of the Sessioun, and punist thairfoir

according to the lawis of this Realme: And the furnessaris of thame

with fynance of money, and purchessaris of thair tytle of rycht, or

manteaneris and defenderis of thame, sall incurr the samyn panis: And

that na Bischope, nor uther Prelatt of this Realme, use ony

jurisdictioun in tymes to cum, be the said Bischope of Rome's

authoritie, under the paine foirsaid.

_Extractum, etc._

[271] The title in the Acts of Parliament 1567, is, "Anent the

abolissing of the Pape, and his usurpit authoritie.--Cap. iii."

[272] See note to the preceding Act, which was passed on the same day.

These and other thingis ordourlie done in lauchfull and free

Parliament,[273] we direct to France, to our Soveranis, Sir James

Sandelandis, Lord of Sanct Johne,[274] with the Actes of the said

Parliament, that by thame thei mycht be ratifeid according to the

promeisse of thair Heyghness Commissionaris maid to us, as by the

Contract of Peace most evidentlie may appear. Bot how the said Lord of

Sanct Johne was entreated we list nott reherse; but alwyis no

Ratificatioun brought he unto us.[275] But that we litill regarded, or

yit do regarde; for all that we did was rather to schaw our debtfull

obedience, then to bege of thame any strenth to our Religioun, whiche

from God hes full powar, and neideth nott the suffrage of man, but in

so far as man hath neid to beleve it, yf that ever he shall have

participatioun of the lyfe everlesting. But somewhat most we answer to

suche as since hes whispered, that it was but a pretended Parliament

and a privye conventioun, and no lauchfull Parliament. Thair reassonis

ar, the King and Quene war in France; thair was neather sceptour,

sweard, nor croune borne, &c., and some principall Lordis war absent.

We answer, That we rather wishe the Papistis to be quyett, nor too

curiouslie to travell in that head; for it may be, that whill thei

think to hurte us, thei tack the Quene and hir authoritie a great

blawe, and yitt amend thame selffis nothing. For in whose defalt, we

pray yow, was the Quene absent frome this Realme? We think thei will

not be so schameless as that thei will blame the Protestantis thairof.

Her persone was absent, and [that] to no small greaff of our hartis.

But war nott the Estaitis of hir Realme assembled in hir name? Yea,

had thei nott hir full power and commissioun, yea, the commissioun

and commandiment of hir head the King of France, to convocat that

Parliament, and to do all thingis that may be done in lauchfull

Parliament, evin as yf oure Soveranis had bene thair in proper

personis? Yf thei will limitat the power of princes to the places

onlie whair thair bodelye presence is, it will be thocht strange; for

so not onlie shall Kingis be compellit to content thame with one

Realme, but also with one citie; for the bodilie presence of Kingis

can no more be in diverse cities in one instant, then that thei can be

in diverse Realmes. Hitherto we haif understand, that whairsoever the

Counsallouris of the King, with his power and commissioun, ar

assembled to do any thing at his commandiment, that thair is the

Kingis sufficient presence and authoritie, whairsoever his awin body

be leving at fredome and libertie. Which, yf the Papistis deny, we

will find faultis with thame, and with the princes whome thei have

abused, that more will annoy thame then anything that we can lose by

the insufficiencie of that Parliament; whiche not the less we ar bold

to affirme, to have bene more lauchfull, and more free then any

Parliament that thei ar able to produce this hundreth year befoir it,

or yitt any that hath ensewed since it was; for in it, the votes of

men war free, and gevin of conscience: in otheris thei war bought or

gevin at the devotioun of the prince. All thingis in it concluded ar

able to abyde the tryall, and nott to be consumed at the prufe of the

fyre. Off otheris the godly may justly call in dowbt thingis

determined.

[273] As already mentioned, no record of the proceedings of this

Parliament in August 1560, was included in any of the printed

collections of the Public Statutes, until Mr. Thomson restored the

three Acts, (see page 123, note 1,) along with the Confession of

Faith, in his edition of Acta Parl. Scot., vol. ii. pp. 525-535. An

abstract of the proceedings was furnished to Bishop Keith, by Father

Innes, from Archbishop Beaton's MSS. in the Scots College, Paris: a

copy of this abstract will be given in the Appendix, along with the

extract of Randolph's letter, mentioned at page 121, note 2.

[274] James Sandilands, second son of Sir James Sandilands of Calder,

(see vol. i. page 301,) became Preceptor of Torphichen, (ib. page

249,) and in virtue of this office, under the title of Lord St. John,

he had a seat in Parliament. He was employed in several embassies; and

with the rest of his family he joined the Reformers; this mission to

France shews the estimation in which he was held. Having obtained a

grant of the possessions of the Knights Templars and Hospitallers in

Scotland in 1563, the same were erected into a Free Barony or a

Temporal Lordship, in his favour, by Queen Mary, as Lord Torphichen;

and he relinquished his former title of Lord St. John. See the copy of

the Charter, dated 24th January 1563-4, with several interesting

notices regarding the Templar Lands and Dignities, by Mr. Maidment, in

the Spottiswoode Miscellany, (vol. ii. pp. 17-32,) Edinb. 1845, 8vo.

James Lord Torphichen, died 29th November 1596, leaving no issue, and

his estates and title devolved on his grand-nephew, James Sandilands

of Calder.

[275] See note 1, page 131.

To the sweard and sceptour, nor yitt to the absence of some Lordis, we

ansuere nothing; for oure adversaries know weall yneuche that the one

is rather a pompe and gloriouse vane ceremonye, than a substantiall

point of necessitie, requyred to a lauchfull Parliament; and the

absence of some prejudges nott the poweris of the present, providing

that dew advertisement be made unto thame. But now we returne to oure

Historye.

THE Parliament dissolved, consultatioun was had, how the Kirk mycht be

establissed in a good and godlie Policy, whiche by the Papistes was

altogether defaced. Commissioun and charge was gevin to Mr. Johne

Winram[276] Suppriour of Sanctandrois, Maister Johne Spottiswoode,

Johne Willok, Mr. John Douglas Rectour of Sanctandrois, Maister Johne

Row, and Johne Knox, to draw in a volume the Polecey and Disciplyn of

the Kirk, as weill as thei had done the Doctrin; whiche thei did and

presented to the Nobilitie, who did peruse it many dayis. Some

approved it, and willed the samyn have bene sett furth be a law.

Otheris, perceaving thair carnall libertie and worldlie commoditie

somewhat to be impaired thairby grudged, insomuche that the name of

the Book of Discipline became odious unto thame. Everie thing that

repugned to thair corrupt affectionis, was termed in thair mockage,

"devote imaginationis." The caus we have befoir declaired; some war

licentious; some had greadelie gripped to the possessionis of the

Kirk; and otheris thought that thei wald nott lack thair parte of

Christis coat; yea, and that befoir that ever he was hanged, as by the

Preachearis thei war oft rebuked. The cheaf great man that had

professed Christ Jesus, and refuissed to subscrive the Book of

Discipline, was the Lord Erskyn;[277] and no wonder, for besydis that

he has a verray Jesabell to his wyffe, yf the poore, the schooles, and

the ministerie of the Kirk had thair awin, his keching wald lack two

parttis and more, of that whiche he injustlie now possesses.

Assuredlye some of us have woundered how men that professe godlynes

could of so long continewance hear the threatnyngis of God against

theavis and against thair housses, and knowing thame selfis guyltie in

suche thingis, as war openlie rebucked, and that thei never had

remorse of conscience, neather yitt intended to restore any thingis of

that, whiche long thei had stollen and reft. Thair was none within the

Realme more unmercyfull to the poore Ministeris then war thei whiche

had greatest rentis of the Churches. But in that we have perceaved the

old proverbe to be trew, "Nothing can suffice a wreche;" and agane,

"The bellie hes none earis." Yitt the same Book of Discipline was

subscrived by a great parte of the Nobilitie: to witt, the Duckis

Grace, the Erle of Arrane, the Erles Ergyle, Glencarne, Merschall,

Menteth, Mortoun, Rothes, Lord James, now Erle of Murray; Lordis

Yester, Boyd, Vchiltree; Maister of Maxwell,[278] Lord Lyndesay elder,

and the Maister now Lord;[279] Baronis Drumlanryg, Lochinwar,

Garleise, Bargany; Mr. Alexander Gordoun Byschop of Galloway,

Alexander Campbell Deane of Murray, with a great number mo, subscrived

and approved the said Book of Discipline,[280] in the Tolbuyth of

Edinburgh, the twenty-sevin day of Januare, the year of God J^m V^c

threscoir yearis, by thair approbatioun, in these wordis:--

[276] In Knox's MS. 1566, the names of Winram and Douglas are added on

the margin, apparently in his own hand; in the text being simply

styled, "_the_ Suppriour," &c., and "_the_ Rectour," &c., "the," being

afterwards deleted. In Vautr. edit., and the later MSS., the names are

introduced into the text. The transcriber of MS. G, has, however,

omitted the name of "John Willok," as one of the compilers of the Book

of Discipline.

[277] This charge of avarice was made against John Lord Erskine,

afterwards Earl of Mar, and Regent of Scotland; who had married

Annabella Murray, eldest daughter of Sir William Murray of

Tullibardine, and Catherine, daughter of Sir Duncan Campbell of

Glenurchy.

[278] In MS. G, "Maister of Maxwell, thairefter Lord Herise." Sir John

Maxwell, in virtue of his marriage with the eldest daughter and

co-heiress of William third Lord Herries, assumed that title in 1567.

[279] John fifth Lord Lindesay of Byres, died in 1563, and was

succeeded by his eldest son Patrick, Master of Lindesay.

[280] Upon comparing this list of names with the signatures attached

to the Book of Discipline, it will be seen that Knox's amanuensis has

unfortunately copied them only in part, as the names of the Earls of

Marischal, Monteith, and Morton, and a few others here specified, are

not given. See the end of Book Third, in the present volume.

"WE quhilk have subscrivit thir presentis, havand advised with the

Articles herein specified, and as is above mentionat, from the

begyning of this Book, thinkis the samyn goode, and conforme to

Goddis word in all poyntis, conforme to the notes and additionis

thairto eikked; and promittis to sett the same fordwarte at the

uttermost of oure poweris, providing that the Bischoppis, Abbottis,

Priouris, and utheris Prelattis and beneficed men, quhilkis ellis have

adjoyned thameselfis to us, bruik the revenues of thair benefices

during thair lyfetymes, thei susteanyng and upholding the Ministerie

and Ministeris, as is heirin specified, for preaching of the worde,

and ministring of the sacramentis."

What be the contentis of the haill Book, and how that this promeise

was illuded frome tyme to tyme, we will after hear.

* * * * *

Schort after the said Parliament, war send from the counsall

Ambassadouris to England, the Erles Mortoun and Glencarne, togidder

with William Maitland of Lethingtoun youngare. The cheaf poynt of

thair commissioun was earnestlie to crave the constant assistance of

the Quenis Majestie of England, against all forane invasioun, and to

propone the Earle of Arrane (who then was in no small estimatioun with

us) to the Quene of England in mariage.[281]

[281] In the Acta Parl. Scot., vol. ii. p. 605, "The Commission of the

Estates to move Queene Elizabeth of England to tak the Erle of Arran

to hir husband," in August 1560, is inserted, with the signatures,

from the original, preserved among the Hamilton archives. This

Commission authorized "that honorable personis be sent in ambassat fra

and on behalf of the Estates." The ambassadors, the Earls of Morton

and Glencairn, and Maitland of Lethington, set out from Edinburgh,

accompanied with fifty-four horse, on the 11th or 12th October 1560.

(Diurnal of Occurrents, p. 62.) They returned on the 3d of January

1560-61. (Ib. pp. 63, 281.)

That same tyme was the Castell of Sempill[282] besieged and tane,

because the Lord thairof disobeyed the lawes and ordinances of the

Counsall in many thingis, and especiallie in that, that he wold

manteane the idolatrie of the Messe, and also that he besett the way

to the Erle of Arrane, with a great gathering, as he was ryding with

his accustumed companye.

[282] "My Lord Duke and the Earl of Arrane, his son, on the 24th

September 1560, departit to cast doun my Lord Sempills hous;" and on

the 14th October, "the Castell of Sempill was tane be my Lord Duke."

(Diurnal of Occurrents, pp. 62, 63.)

Castle Semple is in the parish of Lochwinnoch, and county of Renfrew,

and stood at the northern end of the lake called Lochwinnoch, from

which the parish derived its name: it was demolished in the year 1735,

and replaced by a modern mansion.

The Papistis war proude, for thei looked for ane new armye from France

at the nixt spring, and thairof was thair no small appearance, yf God

had not otherwyse provided. For France utterlie refused the

confirmatioun of the peace contracted at Leyth, wald ratifie no parte

of oure Parliament, dismissed the Lord of Sanct Johne without any

resolute ansure,[283] begane to gather new bandis of throte-cuttaris,

and to maik great preparatioun for schippes. Thei farther send befoir

thame certane practisaris (amonges whome the Lord Seatoun,[284] who

had departed with the Frenche out of Leyth was one) to rouse up new

trubles within this Realme. And all this came partlie of the malice of

the house of Gwise, who had avowed to revenge the displeasour of thair

sister, boyth upoun England and Scotland, and partlie by instigatioun

of proud Beatoun, falslie called Bischope of Glasgu, of Dury, Abbot of

Dumfermeling, Saulles Seatoun,[285] and Mr. John Sinklar, Dene of

Restarick,[286] with suche utheris of the Frenche factioun,[287] who

had openlie spokin, that thei had refused all portioun of Scotland,

onless that it war under the government of a Frenche man. "Recompense

thame, O Lord, as thou knowest maist expedient for thy awin glorie,

and for the perpetuall schame of all tratouris to thair

commoun-wealth."

[283] The journey of Lord St. John seems to have been delayed for

nearly a month after the dissolution of Parliament. Robert Melville,

who was to have accompanied him, addressed a letter to the Lady

Cecill, on the 21st September, in which he says, "quhilk journay is

alterit, and thought mare expedient that my Lord of Senjhone pass in

France, quhaire I daire not go at this tyme. Seeing my Lord is

desirous to offer his service untoyour Ladyship," &c. (Haynes's State

Papers, p. 362.)--"Upoun the xxiij day of September, the zeir of God

1560 zeiris, James Lord of Sanctjohne was directit as ambassadour, and

departit to France, throw the Realme of Ingland, to obtane

eonfirmatioun of the Quenis grace of this Realme, and hir Spouse,

upoun the Actis maid of the Parliament foirsaid." (Diurnal of

Occurrents, pp. 62, 280.) The same authority states, that on the 19th

December, "James Lord Sanctjohne come furth of France to Edinburgh,

and obtenit little or nathing of his errands expeid." (ib. p. 281.)

[284] George sixth Lord Seaton, was one of the Commissioners sent to

France in 1558, at the marriage of Queen Mary. On the Queen's return

to Scotland, he was appointed Master of the Household, and remained

attached to her in all her misfortunes.

[285] So in the different MSS.; but it may be suggested, whether the

name is not a mistake for the Abbot of Sauls Seat, (_Sedes Avimarum_,)

in Wigtonshire.

[286] In MS. G, "Restalrig."--Sinclair's name is added on the margin

of MS. 1566.

[287] The persons of the French faction here named, have been

previously mentioned by Knox, viz. James Beaton, Archbishop of

Glasgow, (vol. i. p. 252, note 2,) who survived till the year 1603;

George Durie, Abbot of Dunfermline, (vol. i. p. 183, note 2); and John

Sinclair, Dean of Restalrig, (vol. i. p. 265, note 2,) became Bishop

of Brechin in 1563. See _infra_, p. 141. Beaton and Seaton arrived at

Paris on the 3d of August. (Tytler's Hist. vol. vi. p. 176.)

[Sidenote: THE DEATH OF THE YONG KING OF FRANCE, HUSBAND TO OUR

JESABELL.]

The certane knowledge of all these thingis came to our earis, whairat

many war effrayed; for diverse suspected that England wald nott be so

fordwarde in tymes to cum, considering that thair formar expensses war

so great. The principall conforte remaned with the preacheouris; for

thei assured us in Goddis name, that God should performe in all

perfectioun that worke in our handis, the begyning whairof he had so

mychtelie mainteaned, becaus it was not ouris, but his awin; and

thairfoir exhorted us that we should constantlie proceid to reforme

all abuses, and to plant the ministerie of the Churche, as by Goddis

word we mycht justifie it, and then committ the successe of all to our

God, in whose power the dispositioun of kingdomes standis. And so we

begane to do, for troubles appearing, maid us give ear to the

admonitionis of Goddis servandis. And whill that we had skarslie

begune agane to implore the helpe of our God, and to schaw some signes

of our obedience unto his messingeris, and holy worde, lo! the potent

hand of God from above send unto us a wonderfull and most joyfull

deliverance: For unhappy Francis, husband to our Soverane, suddandlie

perissheth of a rottin ear. But becaus the death of that child was

nott onlie the cause of joy to us in Scotland, but also by it war the

faythfull in France delivered, as it ware, from the present death, we

think expedient to entreat the same somewhat more largelie.

[Sidenote: CORRECTED BE MR. GEORGE.][288]

[288] There can be little doubt that by "Mr. George," we are to

understand Mr. GEORGE BUCHANAN. He was in France at the time of the

King's death, and it is highly probable he may not only have furnished

Knox with the information contained in this paragraph, but also have

supplied him with the translation of the Latin verses on page 136. The

style of this version corresponds so much with the prose writings and

the few letters of Buchanan written in his native tongue, as to

warrant this ascription: but in either case, whether translated by

Buchanan or Knox, these lines may be esteemed a literary curiosity.

Buchanan returned to Scotland about the same time with Mary Queen of

Scots, in the summer or autumn of 1561.

These cruell and conjured ennemyes of God, and of all godlynes, the

Duck of Gwyse, the Cardinall of Lorane, and thair factioun, who then

at thair awin appetite plaide the tyrantis in France, had determined

the destructioun[289] of all that professed the trew knowledge of

Jesus Christ within that Realme. What tyranny laite befoir thei had

used at Amboyse, the historie of France doth witness. Now, in

Orleance, in the moneth of November, conveyned the King, unhappie

Francis, the Quene oure Soverane, and the Quene Mother, the Duck of

Gweise, with all his factioun, the King of Navar, and the Prince his

brother.[290] So that great was the confluence of the Nobilitie; but

greater was the assemblie of the murtheraris; for thair was nott a

hangman in all France whiche was nott thair. The preasonis ware full

of the trew servandis of God: the King of Navar and the Prince war

constitut preasonaris. The Schereff of Orleance, a man fearing God,

was tackin, and so war many otheris of the toune. Breiflie, thair was

none that professed God or godlyness within that toune, that looked

nott for the extreamitie; for the walles and yettis war nycht and day

keapt with tha garnysonis of the Gwysianes: miserable men war dalie

browght in to suffer judgement, but none was suffered to departe furth

butt at the devotioun of the tyrantis. And so thei proceided till the

tent or twelft[291] of December, when that thei thowght tyme to putt

thair bloody counsall in executioun, and for that purpoise conclusioun

was tackin that the King should departe of the toune, and lye at a

certane place; whiche was done to this intent, that thair should no

suyte be maid to the King for the saiftie of any manis lyfe, whome

thei thowght worthy of death. And so was the Kingis house in Orleance

broken up, his beddis, cofferis, and tapistree sent away; his awin

buttis putt on, he sitting at the Messe, immediatlie thairafter to

have departed, and so thair tyrannie to have begune,--when all

thingis, we say, war into this readdyness to sched the bloode of

innocentis, the Eternall, our God, who ever watches for the

preservatioun of his awin, begane to work, and suddandlie did put his

awin werk in executioun. For as the said King satt at Messe, he was

suddandlie strikkin with ane aposthume, in that deaf eare that never

wald hear the treuth of God; and so was he caryed to ane void house,

layd upoun a palliase unto suche tyme as a cannabie was sett up unto

him; whair he lay till the fyftene day of December, in the year of God

J^m V^c threscoir yearis,[292] when his glorie perished, and the pryde

of the stubburne heart evanished in smok. And so was the snare brokin,

the tyrantis disappoynted of thair crueltye; those that war appointed

to death rased, as it war out of thair graves; and we, who by our

foolischnes had maid our selves slaves to strangearis, war restored

agane to freedome and libertie of a free Realme.

[289] The account here given is not exaggerated, as the French

Protestants were subjected to fearful persecutions, and the number of

persons brought to the stake on account of religion, from time to

time, would scarcely be credited, unless for the undeniable testimony

of contemporary writers. The sudden death of Francis the Second, had

undoubtedly the effect of preventing some intended atrocities against

the Reformed party in France.

[290] A blank space of about two lines left here in MS. 1566, as if to

insert some additional names.

[291] See next page, note 2.

[292] The date here assigned for the death of the French monarch, is

incorrect. He died on the 5th, not the 15th of December 1560,

(although Mezeray, the French historian, says it was on the 4th of

that month,) after a short reign of sixteen months and twenty-four

days, in the 17th year of his age.

"Oh! that we had heartis deaplie to considder what ar thy wonderouse

workis, O Lord, that we mycht praise Thee in the myddest of this most

obstinat and wicked generatioun, and leave the memoriall of the same

to oure posterities, whiche, allace, we fear, shall forget thy

inestimable benefites." The godlie in France, upoun this suddane

death, sett furth in these verses ane admonitioun to Kingis:--

The Works of John Knox, Volume 2 (of 6) · 第 56 / 144 题