Chapter XXI: Act 131: , Par. 8, K. Ja. 6, and the subjects’ liberties, who ought (18)

Moderatour—I must intreat yow, honourable and welbeloved, to consider yow are in the sight of God, who not only requires inward reverence, but also outward respect; becaus these who hath beene our old adversaries, and hath now declaired themselves to be so, hath spoken reproachfullie against this Generall Assembly, especially becaus of the tumultuous carriage of the Members thereof, when they speake concerning the suffrages—the voits of the Members of the Assembly. But that no such occasion may be given to them heirafter, let your carriage be grave as in the sight of God. Keep yourselfes quyet; becaus ye ought to have your judgements exercised about the matter in hand, and elevating your mynds to God to send downe light; and, when he sends downe a good motion, ye may expresse it with gravitie, and that two or thrie speake with leive—not that I assume any thing to my selfe, but I am bold to direct yow in that, wherein I have the consent of your owne mynd.

* * * * *

After in calling upon the name of God,

The Moderatour uttered these words:—The Assemblie is not fullie constitut—not that I call the lawfullnes of it in question, for the authoritie of it is manifest—but let us leave nothing undone that is necessar for the constitution thereof. There are some Commissions controverted, quhilks are not yet discussed; therefore let the Committies delyver their papers, and tell their judgements.

Then the Clerk called the Committie of Peibles.

Moderatour said—Have ye found these Commissions good and valide enough?

Answer—We find no reason against it; but yet we think it good to heare any that hes any further information.

Moderatour said—If there be any Member of this Assemblie that hes any further information to give to the Committie for the Presbitrie of Peibles, let them give it in to my Lord Burlie at 4 o’clock.

Then was the Committie for Brechin called on.

Mr James Bonar said—We are not able to give ane answer to the Assembly as yet, in respect we have not mett since. But if the Assembly please to give us farder tyme we shall take farder tryell.

Moderatour said—Think ye not that ane of the fyve Commissioners that are pretendit to be chosen, Mr Lawrence Kinneir, who is designit be both sydes, may voit presentlie in the Assemblie; and no question if the Assembly knew the Man, none would object against his persone, and his Commissione cannot be cantraverted, since both pairties hath chosen him?

Lowdoun said—Enquyre both the pairties if they have any thing to object against him.

Carnagie was absent.

Moderatour asked Din if he had any thing to object, who

Answered—I beleive it is knawen to the Committie who tooke the oath of the Ministers concerning the declaration of the veritie of the businesse.

Moderatour—We’ll heare the judgement of the Assembly.—Then he called on

Mr David Dalgleishe, who approved that Mr Lawrence Kinneir should have voit. Then he called on

Mr Robert Dowglas, who said—I was upon the Committie, and I think it meit to let it lye, and let none have voiting till tyme it be better sighted; for it may be, informalitie be found on both sydes—for Carnegie being absent, it is good to let lye to see if he will compeir to-morrow: if not, consider if the uther have such insufficiencie that it cannot stand as a Commission; and if it be not insufficient, let him voit.

The Moderatour desyred ane uther of the Ministers of Carnaigies Commission to stay still, becaus he was a reverend Father, and was acquainted with the Assemblies. Though his Commission was not lawfull, yet he may be a witnesse to their proceedings: who answered, he should stay if the Assembly would allow of his Commission.

Moderatour said—We are not to give sentence whill the morne.

Moderatour said—In the declinatour and protestations given in by the Prelats, there were some exceptions tane against some worthie men [who] came out of the Kirk of Ireland, admitted Ministers in Scotland, and now chosen Commissioners to this Assembly; therefore it is good the Assembly had all their mynds cleare concerning them: and after that we will not have much adoe with Mr Robert Blair, Mr John Livingstoun, Mr James Hamiltoun; for Mr Alexʳ Turnbull he is under censure.

Mr Robert Blair said—We have our reasons to give in against the unjust proceeding of the Prelats against us in Ireland, proving their Censure to be null. If the Assembly thinke it expedient, we shall read them.

Moderatour said—Doe ye remember the words of the Declinatour concerning yourselfe?

Mr James Hamiltoun said—These are the words: “also some Ministers under the Censure of the Kirk in Ireland.”

Then the Reasons were given to the Clerk and publictlie red.

Moderatour said—Take head to these Reasons that ye may object and propone in any thing wherin ye get no satisfaction.

Mr Robert Blair said—There were some that were under censure, and we were never chargit; only we heard about a year after we came away they were seeking us.

Mr David Dick said—Moderatour, I will tell some thing to cleare that, becaus I am their neighbour. Now, I heard that when they wer under proces, the bishops had respect to their not comeing back againe, or if they came, it might scarr people from hearing of them.

Moderatour said—I believe our Church is independent, and depends not on the Church of Ireland.

Mr Blair said—And there is not ane in this Assembly that adheres to the Confession and Covenant of the Kirk of Scotland, but the Prelats, both heir and there, judges them all worthie of the deepest censure that their pretendit power can inflict. It had bein small matter that some four or five of ws been carceired, were not thereby the publict caus had been woundit; for the same prelats are alreadie to charge this whole Assemblie with the same, wherewith they charge us; therefore, if there be any heir who have any thing to say, let them doe it publictlie in the face of this Assemblie. If the declarations be not cleare, the Assembly may get full assurance of this.

The Moderatour said—Ye have not a mynd to bring this Assembly to a snair; but if there fall out any thing to be written against the Assembly, ye will cleare the same by writt.

Mr Blair said—We promise so to doe, and for our owne parte, we thinke all that speakes in ane Assemblie, should speake in the sight of God.

Shirreff of Teviotdaill said—I thought to have gotten farder satisfaction and some information concerning your depairture out of this Kingdome, at first removed.

Moderatour said—Weill remembred; for there is something of that in the Proclamation, saying these who made Sermons against Monarchicall Government are Members of this Assembly.

Mr Blair said—I thank God that, by occasion of this and that which the worschipfull Shirreff have said, my declaration of this point is occasioned, all which of my owne accord I would gladly have motioned, were not I feared the imputation of takeing up too much tyme in this Honorable Assembly. I first take God to witness, that all the afflictions that hath befallen me from my youth, at my hand, hath beene, for aught I know, for constant adhereing to the Confession of Faith of the Kirk of Scotland, since the day that Perthes Acts were determined, where I was present, and the Lord furnished me with resolutions to stand to the trueth, which there I perceaved to be oppressed. And I am sorie that this declaration, if I be particular in it, will force me to expresse the names of some whom rather I would desyre to sparr. It is weill knawne, while I was a Master of the Colledge of Glasgow, there came a learned Countryman of myne, that had been in forraigne pairts, and promised to reduce the Colledge to conformitie to Perthes Articles; and finding me somewhat resolute to stand out, it made some little grudge in that learned mans mynd. There was addit to this ane uther in a publict theological dispute. It fell out that a poynt of Arminianisme in the poynt of election, where foirsein faith was mentained by that learned mans schollers, who came out of France with him, I being the opponent. What I say can be justified by a Commissioner within this house, who will be loath to utter it unles he be put to his oath, in respect of the respect that he beares to that learned man. This being the Controversie, standing out against the corrupt course of conformitie, and that in a dispute I taxed that Arminian poynt in my notes upon Aristotles Ethicks and Politicks. Heirupon I, not being called to any publict, civil, or ecclesiasticall Judicatorie; but in ane accademicall or schoele meeting I was called there, and examined upon some dictats in Ariatotles Ethicks, where I stood before all the Universitie, offering dispute upon all that I had taught, and for three houres dyted aff hand answers to the questions that were made, subscryved them with my hand, and offered that they should be transmitted to the Kings Majestie of blessed memorie. This being done, Mr Robert Wilkie, Rector of the Colledge, being a hearer, stood up and said, “Would to God King James himselfe were present to hear the declaration that this man hes made:” Lykewayes, Mr Robᵗ tooke me in his armes and thanked God that I had so far cleared myselfe. Perceaving what undermyning powers were against me and the course of the tyme, I resolved to have resigned my place, whereto I was bound seven yeares: wherupon Mr Cameron, that learned man—a learned man indeed, whose name I wished altogether to have spaired—perceaving he was lyke to have lost his thanks for labouring to reduce me to conformitie, dealt with me in privat, and ingadgit himselfe that I should ryse to preferments if I would be drawen to conformitie, and that it was ane happie occasion to give up my name to the King, having declaired myselfe to their satisfaction. Ane uther poynt—the Archbishop of Glasgow was drawen on this course to examine the poynt; but perceaving how he had bein led, and that malice had caried on the course, he delyvered my papers wherein I had given my answers, and would not take them back againe, and told to a worthie man, Mr James Robertson, that he perceaved the ground of all the matter was meere malice against me, and withall sent for me and requeasts me not to leave the Countrey, for I should shortlie be provydit for: And after I had gone to Ireland, he declared to my brother-German, Mr Wᵐ Blair—a grave and judicious man, knawen be the most parte of the Assembly—that he was resolved to plant me in the Kirk of Air, where God by his providence hes now brought me. This was written to me the first moneth I was in Ireland—and moreover, there was ane Letter written be the Archbishop of Glasgow to King James; and before he wrote it he send for me and said, “I fear there be some that not only carries evill will at yow but me in this matter, and least we should be both wranged, I will write ane Letter to his Majestie for our exoneration;” and thene he wrote ane letter, and there was an answer returned to me by my Lord Alexander, Earle of Stitlings sone, resolving me that the King was more nor satisfied; and so there was no cryme layd against me, but that I proponed some question out of Aristotles Ethicks; swa there was never any judiciall proces, let be ane sentence against me: only there was ane academick meeting, and becaus I wearied of philosophie and demitted my place.

The Moderatour said—Then it is unjustlie said by same, that being censured, yow are put out of the Colledge.

Then Mr George Young and Mr Robert Baillie and Mr Zacharie Boyd declared that he had related the matter truelie.

Mr John Adamsone said—There is ane generall accusation against them as is against the whole Assembly; and so they are but scandalls.

Moderatour—They scandall us for having laick Elders, and we shall make it manifest be the word of God, that we should have them. Then the Moderatour called on sundrie members of the Assemblie—Mr Robert Wilkie, Mr James Bruce, Mr Androw Ramsay; Nobles—Johnstoun, Lowdoun, Cranstoun, who answered they were all satisfied.

The Moderatour said—Altho’ the prelats accusation be generall, yet for stopping of the mouth of malicious persons, we will stryve to answer any particular that we can perceave they ayme. Ye remember that there are some generall thinges in the declinatour concerning some ministers under censure and not, were stryving to find out who they could meane, bethought they be not named; and we find that there were some under the censure of the High Commission: Mr David yow are one.

Mr David Dick said—I was admitted Minister of Irwing before Perth Assembly six months; and having understood that Perth Articles were given out, I fell to and studied the cause as I should answer to God; and being under sickness for the tyme, I held me quyet the space of two yeares and heard all men and [carried] not myselfe hither and yond: and last, when I saw it lyke my life should not have been long, I saw it necessar to give my testimonie to that trueth that I thought was borne downe. The Bishop got notice that I spake frielie, and yet in such modest termes as they would not have gotten me in the calk; for within three or four yeares after my entrie, was summondit before the High Commission. I compeired; and becaus it was the first day of the Bishops their new roofe—having gotten the greene wax from Court—that is, that day they were made sole bishops as they were not before—I tooke course, after the incalling of the name of God, to doe as became a faithfull member of the Church of Scotland, to mell with what belonged to my calling, I drew to a declinatour of that Judicatorie, because I was inhibited be act of Parliament. When. I red my summonds, I looked wher they should have said, “James, be the Grace of God, King of Great Britaine,” and I found that they said, “James, be the mercie of God,” &c., “and John, be the mercie of God, Bishop of Glasgow,” which I made a reason of my declinatour, and offered to be judged by the first General Assembly; and this declinatour they turned to be my quarrell: which day I was appointed to waird; and least I should be mistane, albeit I acknowledgit not their sentence, I removed from Irwing, in regard to the Kings auctoritie, to Turray, where I was three quarters of a year. After, I was, by the diligence of my Lord Eglintoun and the toune of Irwing, by my knowledge, brought to Glasgow, where Cameron tooke in hand to convert me or to put my heid in the perrill; and after I had talked with the Bishop, I obtained this honour that he should not make conformitie the matter of my challenge, but wherein I had done wrang to auctoritie I would cleare it. And my Lord Eglintoun, Mr John Bell, and Mr Robert Scott, who is now dead, was present when I cleared myselfe, to have done no wrang to auctoritie by my declinatour. After this the Bishop of Glasgow gave ane warrand to my Lord Eglintoun, under his hand write, to send for me to keip for my exoneration. I took Instruments of my hand, comeing to Irwing: heir the act and the letter of the Bishop, which I desyre the Clerk to read.

The Moderatour said—I hope the brethren hes gotten satisfaction.

The Moderatour called on Mr Samuel Rutherfuird and said to him—Were you not sent to Aberdeine by the High Commission?

Mr Samuel sayes—Most true. I was sent in and summonded be the High Commission for divers pointes the Bishop of Galloway lybelled against me, and there was nothing at all proven against me, notwithstanding three severall dayes I was before them; and the third day they had no uther question to propone but these wherewith they attempted me the first two dayes—only the matter of none conformitie which I stand by; and upon this they sentenced me, after I declared, by write, the unlawfulness of that seat, and that I durst not be answerable to the King to acknowledge that Judicatorie, becaus it was against the standing law of the Kingdome. Notwithstanding of this, they proceedit against me, deprived me of my ministrie in Anweth, and confined me in Aberdeine. I watched on in Edinburgh, desyring the Clerk to give me ane extract of the sentence, but could not get it, and the reason why he schiftit me was, becaus the Bishop of Galloway caused him adde a pointe to my sentence that I was not sentenced for—to witt, that I should exercise no ministeriall functione within the Kings dominions. The Clerk denyed it was a pointe of my sentence; notwithstanding, the Bishop of Galloway caused adde that pointe, and I could never have the extract of it, onlie I got the Copie of it, and so I went in without a charge; and, heareing that the Secrete Counsell had accepted a declinatour against the High Commission, I came out without a charge.

Clerk sayes—By Act of Parliament, all the Kings leidges are discharged to give obedience to any judicatorie, but that which is established by Act of Parliament and lawes of the Kingdome; therefore ye ought to be condignlie censured for entering into waird.

The Moderatour said—Earlstoun, yow have beine lykewayes under their Censure; who answered—I was confined in Wigtoun under the High Commission, where I gave ane appellation to the Counsell which Lorne can declair.

Argyle said—Indeed I remember weill of the Decreit past against Earlstoun when I was in England, and, when I came home, it was the day before Earlstoun was appointed to goe to waird. I desyred earnestlie that he might not be confyned but fyned; and so the pretendit Bishops did, which is not overseene in their dittay. There was a decreit given out from the High Commission upon no warrand but his none compeirance, as if he had bein present _in foro contentissimo_. The Bishops went on as if he had compeired, and decreitit all that was libellit, as if it had been proven; and the Bishop eikit, at his owne hand, “becaus Earlstoun presumed to protest.” Upon this I found it was a litle informall, and desyred Earlstoun to forme ane bill and give in to the Counsell. When the bill was given in, I dealt with the Bishop of Galloway, to see if he would keep it from a publict hearing, and he was satisfied, but afterwards he was not so willing. I insisted and solicitat the Counsell that they should be content to dispense with the confynement, upon the payment of his fyne, which they were content with.

Moderatour said—I beleive verilie that these to whose eares the voice of the speakers hes come, be satisfied with that which hath bein said. If any be not yet satisfied, or hes any point or circumstance to show that they have heard objected against thir worthie Men, let them bring foorth.—Since there is nothing to say, let us goe on.

Although we doe not match or equall the Confession of Faith of any reformed Kirk with the word of God; altho’ we doe not make it _formam fidei sed formam confessionis;_ yet we have great reason to think reverentlie of our owne Confession; because uthers, who have bein Strangers, give a great testimonie to it. That it may be the better thought of, it is expedient that we have a cleare understanding of the particular articles therein contained, especeallie these that are controverted. Ye know what a bussines hes bein about the subscriptions of the Confession of Faith—some subscryving it with some interpretation of it, or application to the Seruice Bookes and Cannons, and uthers subscryving that of late tryed by his Majestie, and the short Confession of Faith, with the generall band nakedlie, without any sick application or interpretation, subscryvit be the Counsell. We are to think advisedlie to it as of great importance, and hope we shall heare somewhat to give us light to encouradge us to goe forward in the interpretation thereof, that that light we have may shine to uthers.

Argyle said—I should be glad that all that are heir might heare me to the full; and least I should be mistaken of what I said yesterday, I would gladlie let it be heard to this company, I intendit that two thinges should have beene knowne before we parted in the termes we did. The first was, onlie to take the Commissioner and States to witnes on the one parte, that what had beene my parte in all this bussines was neither flatterie nor seeking my owne ends; that, upon the uther pairt, it ought to be knowne that I was never a desyrer of any to doe anything that might wrang soveraine auctoritie, but studied to keepe thinges in the fairest order I could. The second thing was truelie, I heard some dispute was like to grow by somewhat that was spoken be Doctor Balcanquell concerning the Constitution of this Church; and, although it was incumbent to me to beware that that dispute should not grow dangerous—that when a whole Kingdome was entered in a nationall oath, the Assembly might not enter in any dispute, nor go in any thing that might prejudge any thing that by their owne knowledge and consent had been done; I say it was incumbent to me to beare witnes that nothing should be done prejudiciall to that voit; not that I thought that I desyred it should not be tane to consideratione what it were, becaus some hes done it doubtsomlie—uthers hes referred it to the Generall Assemblie—uthers, not out of any dislike to religion, subscrivit it as the meaning of it was when it was first sett downe, which I now adhere unto, and declaires, that in the publict way that we did it, it was as it was then profest, without any sophisticatione or equivocatione whatsomever, and I heare of no uther interpretation; and that I adhere to againe and againe, and desyres that any thing of that kynd be done wiselie, and be so looked to, that a whole kingdome run not themselfes to a national perjurie. And if I have beine anything intricat, I cleare myselfe, and make it knowne unto the world that I adhere unto the meaning of that Covenant as it was first subscryvit, againe and againe, shortlie wisheing this nobile and worthie meiting to go on wyselie, considering the goodnes of our gracious Master, who hath condescendit to many things, and gone further on nor many looked for; and what is wanting I hope it is misinformation. And for the Commissioners cariage, it hath beene very modest; and therefore I recommend to you to consider that ye have both the estate of the countrie and the estate of religion in hand, and according to your discreit cariage will this glorious worke be done; and doe it in that respect to your graceous Soveraigne as becomes obedient Subjects.

Then the Earle of Montrois said—My Lord Wigtown was to come heare with my Lord Argyle to make his owne declaration, and will be heir on Tuysday to declair himself to the Assembly as my Lord Argyle hes done, and will give all satisfaction.

Then the Moderatour spacke to the Assembly—My Lord Argyle desyres yow to know that his Lordship hes put his hand to the Confession of Faith, and uthers of His Majesties Counsell, with this express declaration, that they have subscrived according to the meaning of it when it was first sett downe, and willes the Assemblie to proceed consideratlie concerning that, lest they doe any thing to bring any man that hes subscryved it under the suspition of that they cannot tell what; and Wigtowne hes declared by Montrois that he could not stay to day to make the same declaration, but will returne the next week for that effect; therefore since we have this recommended to us after this manner, and the matter requyres the same, it is good for us to proceed advysedlie and consideratelie, as that which will have light to any menes mynds—I mean when we come to declair what was the meaning of the Confession of Faith when it was first subscrived—what was abjured therein in doctrine, discipline, worship, or government—so as it may give all satisfaction to all men; and I trust this grave Assembly will give their declaration from good Masons and weil groundit, for it is a material poynte.

Then the Moderatour, in name of the Assembly, desyred Argyle to stay in the towne and be a witnesse to their proceedings, though he was not a Commissioner.

Argyle said—My interest in religion, as I am a Christian, though not a member of this Assembly, yet in the Collective bodie of the Kirk, induces me thereto.

The Moderatour said—This is a materiall poynt, and it would take up a lang tyme to heare all the acts concerning the clearing of the Confession of Faith; therefore I thinke it good, if the Assembly be pleased with it, to appoynt a Committie to view the bookes therefore, that they may advyse about thinges and make them ryper to the Assembly: for next unto the word of God, this Confession, so solemnlie sworn, should goe deepest in our mynds.

Lowdoun said—It must be the rule of all our proceedings, and the ground of all our comfort, when we are put to farther tryells; therefore it would be verie deeplie considerit, and some judicious men named upon the Committie.

Auldbar said—There is some in the North that hes a third Covenant.

Moderatour said—We are not oblist to expone that.

The names of the Committie:

Mr David Lindsay,
Mr Andrew Cant,
Mr James Martine,
Mr Thomas Mitchell,
Mr Walter Balcanquell,
Mr Harie Rollock,
Mr David Dick,
Mr Robert Hendersone.
Mr Thomas Wilkie.
Rothes, Lowdoun, Balmerino, Burley.

Barons—

Auldbar, Keir, Shirreff of Teviotdaile.

Burgesses—

James Cochrane, Patrick Bell provest of Glasgow,
James Fletcher provest of Dundie.

Montgomerie said—Moderatour, we desyre our Summonds and Claime against the pretendit Archbishops and Bishops be red.

The Moderatour said—Ye knaw the Prelats wer summond in the best way could be thought upon; and now, since the Assemblie is constitut, and hath discussed all objections that can be imagined against us, let us heare what is said against ane of the Bishops, and remove the rest to be looked on by these that have the charge of the Billes. We need not spend tyme in reading the generall Complaint against the Bishops; but here is a particular, condiscending upon some things which will cleare the generall. This is against the Bishop of Galloway.

There was a lang Clame red, conteining fifteen or sixtein scheits of paper, against the pretendit Bishop of Galloway: Then he was called upon by the Officer of the Assembly, James Bell.

The Moderatour said—This is a great bussines we are entered upon, and we may perceave, by the reading of the Clame, what will be said against all the rest; and becaus it will trouble the Assembly, let them be first viewed by a Committee delegat by the Assembly for that effect, who may give accompt to the Assembly.

The names of the Committee—
Mr James Ramsay, for the Diocie of Edinʳ,
Mr John Jamiesone, for the Diocie of Glasgow,
Mr Wᵐ Dalgleishe, for Galloway,
Mr Donald MᶜElwrath, for Argyle,
Mr John Duncane, for Dumblane,
Mr George Symer, for Dunkell,
Mr Robert Murray, for Sᵗ Androwes,
Mr George Halyburton, for Brechin,
Mr Alexʳ Martine, for Aberdeene,
Mr Wᵐ Falconer, for Murray,
Mr David Monro, for Ross,
Mr George Leslie, for Cathnes,
Mr Wᵐ Stewart, for Orkney,

Nobles—
Eglintoun, Weymes, Johnstoun, Wedderburn,
Lawers, Kinlict,

Provest of Kinghorne, Baillie of Innernes,
Mr George Gray clerk of Dundie, [Haddington.]

To thir wer addit—
Mr John MᶜKenzie, of Lewis, and
George Gordoun, brother to Sutherland.

When the Clerk called on Doctor Robert Hamilton, Procurator for the Bishops, to answer to any thing he can say to the Summonds and Complaints given in against them, he compeired not.

The Moderatour said—Ye know I was saying that the first occasion of our Complaints and Supplications were the Service Booke, and these Cannons that were urged upon us. Ye know how miserable the face of this Church and State had bein before this tyme, if we had not supplicated against these evills, and what great mercie the Lord our God wham we sarve hes shawen in delyvering ws so farr from them; yet that it may be knawen to the world that our supplications wer just, and that there may be some monument of the wickednes of that Booke left to the generation following, it is very expedient that it be examined heir, that your judgments may be knawen and the reason of your judgements; and that we may goe on the more compendiouslie, it will be good that there be a Committee chosen also for this. Then the advyce of some of the Members of Assembly wer taken, who all gave consent to this.

The names of the Committie—

Mr Androw Ramsay,
Mr Robert Baillie,
Mr Alexʳ Petrie,
Mr John Oswell,
Mr Alexʳ Kerss,
Mr John Adamsone,
Mr Edward Wright,
Mr John Menzies,
Mr Samˡ Rutherfuird,
Mr John Hay.

The Moderatour said—The Booke of Cannons, Service Booke of Ordination, and High Commission, all of them are to be sighted by yow.

* * * * *

Sess. 9.—Novʳ 30, 1638.

After prayer to God by the Moderatour,

The Moderatour uttered these words—We trust in God, that the more our good cause hath bein defending, and for which we are now conveened, is agitat, it shall be the more clearlie seen, and the more to be seen the more it shall be affected, and these that shall see the excellent lusture that shall be on it, shall, no doubt, be enamoured with it.

Argyle said—I have gotten a paper which I never saw before. It is from the Earle of Kinghorne, and, becaus it is a missive direct to me, I shall read it, and desyres it may be keeped by the Clerk.

Rothes said—Heir is ane uther of that same nature from my Lord Galloway. Lowdoun, Yester, Home, went to him, and he spack something before, and we caused put it in writt and sent to him, and he renewed it; quherein his Lordship declaired that he had subscrived the Confession of Faith, as it was professed in the year 1581, and wishes all the Assembly to make it the rule of all their proceedings; and he shawes that they were all wyld in, secreatlie, to the Commissioners Chamber, and, being debardit, they subscryvit the proclamation, not knawing what was in it; but, when Galloway heard it, he would have had his hand from it, and, when he saw that he could not get it back, he was so excessively greeved that he professed he got no sleepe all that night.

Then the Earle of Montrois said—That the Earle of Mar had given him Commission to declair to the Assembly, that he had the same meaning in the subscryving of the Confession of Faith; and, quhen tyme was fitt, he would declair it before all the world. Lykewise said the Earle of Mar, he being hardlie pressed to subscryve the proclamation, he refused, and said, he would not declair his Sone a Traitour, who yester night had subscryved the Covenant, and professed to the Marqueis and these who pressed him, that, as long as his blood was hote, he would think Covenanters als honest Men as themselves. Likewise,

Montrois said—That he had Commission from my Lord Napier, to declair to the Assembly, that he had the same meaning in subscryving the Schort Confession, as it was first sett doune. Montrois said, further, my Lord Amont would declair the same before the Assembly.

The Moderatour said—Though we had not a Nobleman to assist us, our cause were not the worse nor the weiker; but there is occasion given us to blesse God that they are comeing in daylie in throngs.

Then the Moderatour called on the Committie for Peibles.

My Lord Burlie answered—Since this charge was layd upon us, to collation the Commission and protestation with the Proces, we find no great reason why the election shall not stand good; and for Mr Robert Ellot, we find, in the last article of the proces, that he did clearlie protest, and that upon good reasons. Ane was, that this honourable judicatorie should no wayes be prejudged in the friedome thereof, in case there were any illegalitie or informalitie in the election, and that no place of carping were left to our adversaries; the next was, he had some scruples in his mynd anent the illegalitie thereof, of which, after conference, he gat satisfaction, and is content now to take up his proces; and quhereas my Lord Thesaurer was pleased to take some offence at this protestation, and he did it now _de animo_, he is sorie for it, and, if his Lordship were heir present, he would crave his Lordships pardon.

Mr Mathew Brisbane said—I think it should be tane notice of, that my Lord Thesaurer was present at the election, and did approve the Ruling Elders, and came there as ane himselfe, and, in the face of the Assemblie, pleaded for the Commission.

Then the Moderatour called on the Committie for Brechin, who promised to make report to the Assembly to-morrow.

Moderatour said—There were, in your hearing, some Committies appoynted for some materiall poyntes; for considering the Confession of Faith; the Complaint agᵗ the Prelats; the Service booke; the booke of Cannons; High Commission, and Booke of Ordination; but it is impossible to examine thir in so short a tyme, and therefore we passe them.

Lowdoun said—Please yow Moderatour, we began to looke upon that purpose, being a matter of great importance, and deserved an accurat investigation of thinges that did passe, especeallie, not about the Confession of Faith, which was first made and subscryved at that tyme. We went back, in looking to these registers and Bookes of Assemblies quherein we find the discipline of the Kirk accuratelie expressed, so that I thinke, if, in Gods Providence, these Bookes had not bein found, it had bein hard for the Church of Scotland; because it is about matters as they wer then presentlie established and concludit. The seeking out of this and the looking over of many Acts, tooke a long tyme; but, on all, we find a great harmonie and cohesione, clearlie set downe, to put out Popperie and Episcopacie. The name is examined; the Corruptions is examined; the office is examined; and their severall considerations tane to many Assemblies. The Discipline, of long deliberation, is sett downe. The Confession of Faith following, is a confirmation both upon the ane and the uther; and the ground of thir hes bein the root of many of our proceedings through this Kingdome, especeallie the renewing of the Confession of the same oath first [framed], which I hope will give satisfaction to all men who could not weill understand it before, when they shall take knowledge of thir bookes. We dar not now give out our judgement fullie; but we will goe on in consideration, to satiefie yow all, and we crave your patience to acquyet yourselfes in it. It must have long tyme; for matters of so great importance cannot be done but accuratelie, for every mans satisfaction.

The Moderatour said—It were better not to toutch it at all then not to handle it accuratelie and solidlie; yet we allow not the Committies for determination of any thing, but only to prepair matters for the Assembly their judgement, and if need be, tyme may be prorogat further to them.

Lowdoun said—God, the Father of light, give light unto it, for it must be the rule of all our proceedings.

The names of the Committie for the Prelats called upon for their Complaints.

Mr Robert Murray said—That the Complaint against every particular Prelat behoved to be tryed, and therefore desyred the Moderatour to intimat to the Assembly, and, if any had information against any particular Diocesian Prelat, that they would give it in to the Committie.

Then the Committie for the Billes were called on.

Mr David Lindsay answered—We have discussed some particular Billes that came before us, and we conceave this; that where the caus is weightie and the proces red, we think it good that Summonds be directed both for the Pairties and witnesses. There be uthers against whom there is no formall proces, and it will be weill done to heare the judgement of the Assembly anent these.

Moderatour said—There be two sortes of processes: ane sort are these which are closed alreadie before the particular Judicatories; I meane the Presbitries from whence the Pairtie are complained upon, who have heard the witnesses and set downe their deposition; and nothing left to the Assembly but to pronounce their Sentence. These may come in pertinentlie before the Assemblie. But for uther proceses that are not concludit, and witnesses not heard, but to be heard, before the Assembly consider whether it be more expedient to send citations to the Pairtie and witnesses to compeir before the Assembly, or if they shall be remitted to their Presbitries, or the next adjacent Presbitrie, as having Commission from the Generall Assembly to put a finall conclusion to them, and report it to the next Generall Assembly.

The question was moved concerning Doctor Hamiltons proces, whether it should be heir, agitat or remitted to the Presbitrie, in respect that the Presbitrie had refused proces alreadie, and it was reported that he would goe shortlie out of the Countrie? And therefore it was concludit to be decydit by the Assembly.

The Moderatour said—Lett us come to the third Committee concerning the Service Bookes, Cannons, and High Commission.

Mr Androw Ramsay answered—It is a toylesome taske—a Papall Service Booke, anti-Christian constitutions, and a superstitious Booke of ordinations—and will take us eight dayes at the least.

Moderatour said—Ye would consider that ye are not to dispute against ane adversarie, but to make such abridgement of the errours therein contained, as may be seine to such a grave Assembly.

* * * * *

[_Complaints against Prelates._]

Moderatour said—Ye knaw there be some Complaints against the Prelats, common against them all—some of them more personall against Pointes of Doctrine and Conversation: As, for example, there is a transgression of these Caveats, and limitations put upon them by the Generall Assemblie when they wer first admitted to voit in parliament. Matters of this kind will be so notour as the Assembly at the reading of the processes, that we will not need great probation; and therefore the Committies neids not to trouble themselves but in poyntes of doctrine.

Then were the Caveats red.

The Moderatour said—I would wish that uther some of them or all of them had been heir to answer for themselves, and some of them objected, and speciallie Doctor Lindsay, that these Caveats were put upon them, but Assemblies had lowsed them. The Bishop of Sanct Androwes, in a Booke which he calls “The Refutation of a litle booke anent the Government of the Kirk of Scotland,” giving ane answer to that that is against their booke of the Caveats: he says they never had a purpose to keip them, but only to delyver them from the contentions of turbulent men. This is not red that ye should give out definit sentence till the whole complaint be considered by these to whose consideration it is presented; but there may be an abridgement of the Caveats, and particular transgressions of them drawn up.

The Shirreff of Teviotdaile [said]—That these transgressions, many of them be notour to us, yet not to strangers, to whom the relation of our proceedings shall come; therefore it is necessar all to be proven.

Moderatour said—It is objected be these that wrote that litle booke of the Government of the Kirk of Scotland, which was sent over to Holland at what tyme the Synod of Dort was sitting, for weightie Causes and considerations, to prevent evills that might have come in in the Kirk of God: It is said in that booke, that when they went forward, there was protestations used against them. He answered, what protestation they meaned I cannot tell, but for that Covenant wherein they please themselves so much, it was rashly and unadvisedly forged by braine-sicke men, to the destruction of the King and republict, and to the mocking of God; therefore God hes recompensed them with shame and ane unhappie success of all their interpryses.

Then answered ane Mr Law—That he saw him subscryve that Covenant that he had so traduced. Then some said that things alleadged against the Prelats which seemed most evident neided not to be proven.

Moderatour said—_Abundantia juris non nocet;_ and it is necessar when a nation or Kirk would make it manifest to the world the lawfulness of their proceedings, though it were never so notour to themselves.

Moderatour said—We have not farder to doe till the Committies have tane paines and presented their labours to the Assembly. For the present ye see they are relaxed from that limitation in the Assembly holden at Linlithgow 1606 and 1608, and at Glasgow 1610. There are something heir in a paper given in to be considered by the Assembly, concerning these forsaids Assemblies, together with the Assemblies at Aberdeine 1616, at Sᵗ Androwes 1617, at Perth 1618. These are the speceall Assemblies they trust into, and these are the Assemblies that hes wrought this Kirk meikle woe. It is not unfitt for yow to heare them in the minutes of the proceedings in the Assembly 1616. The Bishop of Sᵗ Androwes changed the Acts with his awne hand on the margine, deleiting and adding acts quhereof some wer against Papists. The hand writt was seene by severall of the Assembly, who constantlie affirmed, on hazard on their life, that it was his hand. Some declaired that when the Bishop of Murray said to ane uther of the bishops, “we will tyne the field,” he answered, “I shall devyce a vyce—we shall give idle Ministers ane warrand;” and so they sent for the number of 36, that were not Commissioners, and delt wᵗ them for their voices; and they put out Commissioners whom they suspected and put uthers in their places, and sundrie that were Commissioners were not called on, and the Moderatour said in face of the Assemblie, “I will committ twenty prejudices to please the King.”

Mr David Dalgleishe said—There was neither booke nor Bible opened; but the Kings Letter was read at everie Sessioun immediatlie before the voiting; and in the tyme of the voiting, Waughtoun said they sett doune the names of some who came away from that Assembly, quhereof I was ane.

Mr James Bonar said—He called on all these first that he knew would voite with them, for he had a croce upon all their names, and lykewayes he said that a number of voites should not doe the turne, for these articles should be proclaimed at the Croce by sound of trumpet.

Mr James Cunninghame said—When I desyred Zancheus to be produced for a testimonie, all the Bishops said the King was more learned than ten thousand Zancheus; and he threatened continuallie with banishment, imprisonment, and deprivation; and they put all their names together whom they knew would voite for them, and resolved to gar them goe all in a hurle together, quhilk they did quhill Mr John Martine turned the chase, and this they did to weaken the hands of many.

The Moderatour said—There would be a Committie appointed for the considering of these Assemblants, for it is a poynt of no small importance.

The names of the Committie—

Earle of Home,
Lords Sinclare, Yester, Balmerino, Coupar, Cranstoun.
George Gordoune,
Mr Thomas Ker,
Lamington,
Barclay,
James Sword,
George Jamesone,
Thomas Durie,
Androw Baird,
Mr John Robisone,
John Maitland,
Mr James Scharpe,
Richard Ingles,
Gilbert Murray,
Wᵐ M‘Kenzie,
John Rae,
John Robertsone,
John Ker.

* * * * *

Sessio 10.—Primo Decembris 1638.

After prayer, the Moderatour said—Ye know a great pairte of these affaires to be agitat this day, was committed to some worthie men upon a Committie, to be presented to your view—such as the Confession of Faith, the Complaint against the Prelats, the matters of the Service Booke, the auctoritie, or null auctoritie of the Assemblies; and we tooke this little tyme to heare some particular complaints against some ministers, especiallie these who have their proces closed alreadie, in a manner, and nothing left but the sentence and determination of the Assembly; for they must be viewed by you. We should do nothing without a warrand; and I doubt not but ye are better acquainted with the warrand and ground of our proceedings nor I can expresse. Ye knowe there is no familie, nor hous, nor republick—no citie, no kingdome, or corporation—nor any humane societie, that can subsist without order; and, in the midst of the world, where the Divell is opposing, and corruption mightilie working, we may be assured that the integritie of the Word of God cannot stand without Government and ecclesiasticall discipline. Our Lord gives it the name of the Keyes of the kingdome of Heaven—a glorious name, indeed; and the Apostle, 1. Cor. 5., calls it a power committed to the Kirk, not for destruction, but for edification. In the nature of it, it is not so much magisteriall as ministeriall power; and, though the power be great it is principally in his hand who is Lord and Master of the house—the Son of God, who hes absolute power; and we are but his ministers and servants. Ye know it is requyred in a servand, and especiallie in a steward, (and we are called stewards and dispensatoures of the misteries of God,) that they be found faithfull. We must stryve to approve our selves in the Masters sight, who is sett over the house. The power committed to us is very great, if we consider the effects of it. Mathew, ch. 18. the effects of it are set downe. If we proceed in sentenceing of a man, especiallie if we goe on that far as to excommunicat him, he against whom the sentence is pronouncit, is counted a publican; or, if ye looke the Apostles word—more: he is given over to the hands of the Divell: he is put out of the Kirk; and, although it be horrible to think on such a thing, yet the fruites of it are sweet—for God heirby is glorified; for surelie, in despyte of the world and the Divell, he will be sanctified of these that drawes neare him. The terrible example of Nadab and Abihu is a sufficient document of this. Ye know the Word and the Sacraments are holy and sufficient meanes to convey grace. They should be purged of inventions that men hes put upon them; and sicklyke that Gods house should be purged of scandall and leaven, and these also against whom the sentence passes, if they be not in a damnable caise and incorrigible, it serves for the subdueing of the fleshe and wakening of the spirit—if there be any such distinction to be made between the fleshe and spirit. This is the last and most extreame remedie to subdue the fleshe and waken the spirit. So it is necessar, that we now assembled in Christs name, so solemnlie and so weill warranted, goe on with auctoritie; for, though we be weake and unworthie instruments, we must consider what keyes he put in our hands, that hes the keyes of the house of David, that shutts and no man opens, that opens and no man shutts. I may give you assurance, in the name of our Lord, that if we goe on as we are warrandit by Him, without partialitie and respect to men, but having respect to the honour of God and weilfair of this Kirk—if we goe on with sentence and excommunication, that which we doe on earth he shall ratifie in Heaven, and we shall be all witnesses that he shall ratifie the same. If there be any of the particular Complaints that are to be given in, let them be presented heir, to be red be the Clerk.

Mr David Lindsay said—We have met, and thir processes which are deducit and concludit we have sent the formalitie; and such as we produce heir, according to our judgment, are of weightie causes, and formerlie deduced. Uthers complaints are considerit by us, and we have advysed and tane this course, only to advyse them before what judicatorie they shall not intend proces; and if the Presbitries where they dwell be competent judicatories, let them goe to them; and if not, let uther Presbitries be joyned to them. Heir is ane proces against Mr David Mitchell.

* * * * *

[_Case of Mr David Mitchell._]

Moderatour said—We should have heard truelie with regrait of their persons—yea with joy when we see the Lord putting to his hand to purge his awne house.

Then was the proces red against Mr David Mitchell.

Then Mr Henry Rollock said—It may be thought that he should now have spoken more of that kynd; but truelie, till the last day of his suspension, he was bussie therein; and some pointes of doctrine came to our knowledge after the proces was closed—namely, that it was ane abasement for kings to be subject to the Word of God; and when he wrote to us he carried so much neglect to us, that he called us not brethren of the Presbitrie, but brethren of the Exercise of the said judicatorie—alluding it was _nomine tenus non re_. Lykewise he hes declyned the Assembly; but, indeed, it wer a pittie of him, for utherwayes he hes good partes.

Rothes said—Bellermine had good partes; but he would be ane evill Minister for the Kirk of Scotland.

The Moderatour said—There are two sortes of Arminianisme. One is that which hes troubled the Low Countries, and hath spred itselfe so farr, and that is nothing but the way to Socinianisme, and _Socinianismus inchoatus_ is _Arminianismus consociatus_. Certainlie no man that will consider aright of the poyntes of Arminianisme, but he will see more nor the seids and grossnesse of Socinianisme. There is ane uther Arminianisme mentioned by some in England, and uthers in Scotland, and that runs in ane uther way—it runs to Papistrie, and is _inchoatus Papismus;_ and if ye consider this, how our doctrine, and the particulars of our Confession of Faith, taught by the ministers of the Kirk of Scotland since the Reformation, how thir pointes began to be depraved by Arminianisme, and poyntes of Poperie, joyned with their poyntes of Arminianisme, and next consider how that the externall worship of God was in changeing by the Service Booke, I see nothing deficient for the whole bodie of Poperie but the Pope himselfe—Convertion of a Sinner—universalitie of the matters of Christs death—justification by workes—falling away of the saints; and then, if we had receaved the Service Booke, what difference had beene ’twixt the Romane faith and ours, if we had subjected ourselfes to the Pope? I say it, that we may acknowledge the goodnes of God that hes thought good to visite us thus with so sensible an opportunitie, that if we had gone on, our case had bein so desperat and miserable, that none of us can conceave: but great is the Lords mercie; and we have all of us reason to make good use of this good occasion, quherin sick evills may be prevented in tyme. We heard the proces, and we desyre not to proceed to the sentence this day; but we will heare the judgement of the brethren.

Then was Mr David Mitchell called upon.