Chapter XXIII: Act 131: , Par. 8, K. Ja. 6, and the subjects’ liberties, who ought (20)

The Assemblie heir declaires these Assemblies to be null—to have no ecclesiastical nor civile authoritie; and consequentlie whosoever practises any thing under pretence of their authoritie, shall be censured.

Sess. 13.—5 Decʳ 1638.

After in calling on the name of God,

The Moderatour said—We have great reason to blesse the Lord for these very cleare and sensible demonstrations of his presence amongs us, both in veritie and unitie, as we did sensiblie find yesterday. There is none of us that hes now assented to the declaration of the nullitie of these Assemblies, but they can gather such ane appendix as this, That since these Assemblies ar null, no oath that were taken of any Minister shall have any further obligation; and if these pretendit Assemblies had no pretext of ane Assembly, and the rest that wer pretendit to be Assemblies, are declaired to be null: and this was ane great pairt of that intolerable tyrannie and yoke that was upon the neck of this Church; and since all these things are now in effect dischargit and declaired to be null that were concludit in these Assemblies, we ought all to turne to our former practice, warrantable by lawfull Assemblies and customes of this Church, and, no more to be acknowledgit, the power of these null Assemblies. And sicklyke since Presbyteriall power was tane away by these pretendit Assemblies, their power is now returned againe; and therefore let all of us use it when we goe hame.

Mr David Dick said—I desyre that that may be insert in the bookes of the Assembly; and becaus that some Ministers are admitted be Presbitries, wham the Bishops refused to admitt, it wer good it wer ratified in the Assembly.

The Moderatour said—That which they have done in Presbitries, according to Presbyteriall order, cannot be null.

Lowdoun said—The corrupt Assemblies, which are now declaired to be null, was a impediment to the positive grounds and the government of the Kirk, and therefore these considerations that are propounded heir, tho’ they follow _ex consequentia_, divers [deserves] to have a severall act by themsellf.

Moderatour said—I think it necessar that all bands and yockes be tane off this Kirk, that all that are of the Ministry may find and acknowledge their libertie; but let thir things be referred to the hinder end of the Assembly.

Then was there some witnesses sworne for information according to their knowledge concerning the Bishops of Galloway and Brechin, namely Mr Hugh Huchesone, Andrew Agnew, James Agnew, Allan M‘Gill, Mr George Home, Mr John Weymes, Mr Lawrence Kinnier, Mr Mathew Weymes, Mr Alexʳ Wedderburne.

Then there was a proces produced against Mr George Hanna and the Minister of Dirleton which are referred to the Commission at Edinʳ.

After this there was a proces produced against Doctor Hamiltoun, and the executions produced; and the officer reported that when he summoned him, he bad him hang himself—he was not a treatour to compeir before rebells; and that he was ane honester man nor any that sat at Assembly. Then he was called on, and ane day assigned for the witnesses.

Then Mr Wilkle, Henry Stirling, Sir Robert Boyd of Bonschaw, Mr David Elphingstoun, Mr Hendry Semple were sworne to declair what they knew against Mr James Forsythe, Minister of Kilpatrick, to the Commissioner for the Billes.

_Complaint against the Prelats._

Moderatour said—Now let us goe on in the great complaint against the Prelats; and if there be any thing done in it, let it be accuratelie and orderlie; and that it may be upon some sure grounds, for our proceedings will be strichted to the uttermost.

Yoe know there was two sorts of accusationes given in against them. The ane was generall, and that was the breach of the Caveats that was put upon them to keepe them. The Moderatour said—The uther was particular faults against them. Let us first examine the generall, and be very exact in it becaus the examination of ane is a rule of the rest.

There was the Complaint against the Bishop of Sᵗ Androwes red, and it was found that he had sworne the Caveats at his admission to the Bishoprick of Glasgow, bot he had not subscryved as the first Caveats requyres.

Mr John Livingstone said—That his father declaired to him that he was present at the Bishops admission, and heard him swear; and a little thereafter he went to Court, and, being reproved by King James for swearing of the Caveats, he purchased a testificat from the Presbitrie of Glasgow that he had not sworne and subscryved, quhilk was true, being tane _conjunctim_; whereas he was adstricted to doe nothing in Parliament to the prejudice of the libertie of the Kirk, but by warrant from the Kirk. It was found that he had divers tymes voited in Parliament to the prejudice of the Kirks libertie, but never had a warrant from the Kirk, quhilk poynts wer notour to the whole Assembly, and declaired by Rothes, Eglintoun, Lowdoun, Mr Robert Blair, Mr David Dalgleische, Mr Joⁿ Grahame, Mr James Martine, and Mr James Sibbald, to be most true.

Moderatour said—Since the Kirk of Scotland, who should have given him a warrant, is heir, and declaires he had none from them; and, lykewayes, since he compeires not to shaw his warrant, it is cleare he never had any. It was also found that he had sett tacks, and sold patronages to the prejudice of the Kirk; and diverse noblemen declaired that he had sold patronages to them, and they said they tooke their pennyworthe of him.

Lowdoun and the Laird of Blair, Provest [of] Dunbarton, and Mr George Young, wer taken sworne to declaire to the Committie what they knew in this particular.

Whereas the fyft Caution requires residence with their flocke, to be present at their Presbitries, the Contrair was notour to all the Assembly; and the Moderatour declaired that this 20 year he heard not 3 exercises in their Presbitrie.

The 6 and 7 Cautions were more manifest to the whole Assembly. The breach of the 8 is evident by their declinatour, whereas they call themselves “the Representative Kirk.”

Lowdoun declaired—That when our Petitions were framed and given in to Counsell, the pretendit Bishop rejected it, becaus it bure, “in the name of the Kirk and Clergie joyning with the Nobles, Gentlemen,” &c. The Bishop of Sᵗ Androwes answered, “Whom call ye the Kirk? A number of baggage Ministers, worthie to be banished; ye shall understand that we are the Kirk.”

This James Cochrane witnessed also; and Mr James Bonar declaired that in a Convention of Bishops at Leith, he heard them say these words: “They say that they are the Kirk, but we are the Kirk, and it shall be so; who will say the contrare?”

* * * * *

[_Process against John Crichtoun._]

Then there was a proces given in against Mr John Crichtoun, Minister at Pasley, whilk was red. It contained many blasphemous poynts, both of Arminianisme and Poperie—about 48—besyde his scandelous lyfe. Then the roll was called, and the whole Assembly voited to his deprivation.

Then the Moderatour said—Though it be our parte to doe what the Lord hes commanded us, we should doe it with griefs and compassion of heart; for a just sentence may be pronounced with ane evill heart: notwithstanding, we ought to have hope that the Lord will give him repentance; but since ye have thought him worthie of deposition, In the name of this Assembly, and in the name of Christ, our Lord, I depose him from all function of the Ministrie, both in doctrine and use of Sacraments, and declaires his place to be vacant.

* * * * *

Sess. 14.

[December 6, 1638.]

After prayer to God, there was some witnesses sworne to give their information concerning the Complaint [against] the Prelats—as namelie, Doctor Guild, Mr David Lindsey, Mr David Young, Mr Alexʳ Robertsone, Mr Androw Strauchane, Mr John Rutherfuird, Mr Thomas Mitchell, Mr David Forrest, Mr Wᵐ Menzies, Mr George Robertsone, Mr George MᶜGill, Mr George Fleyming, Thomas Durhame, Mr George Muschet, Mr George Grahame, and James Row, Archibald Campbell, Mr Robert Bruce; and becaus these persones are witnesses, they cannot be judges, and therefore they cannot sitt heir as voiters in that particular.

The Moderatour said—Ye know there was a Committie of some learned and worthie brethren anent the Service Booke, Cannons, &c., and we trust their labours shall have a large approbation of yow. Ye shall heare some of them red unto yow, which we hope shall give great light unto your mynds. Take head to them that you may be able, after the hearing of them, to the voiting, that after the declaration of your mynd, ane act may be drawen up such as beseemes the General Assemblie, and that by the auctoritie of this Assembly, order may be given for printing a Treatise which may be a guard for the posteritie to come against such evills, and perhaps for uther Kirkes also; and albeit the laboures of our worthie brethren take up some tyme in reading of them, I hope we will not wearie, becaus there are many notable poyntes of heresie and errour in these bookes; and since there hes beine great paines taken by the authors of these bookes thir many yeares in frameing of them, I hope ye shall find it a well bestowed day, to see the darknes and errours of them discovered; and I am sure it will be more delectable for us to heare thir thinges reading, nor to have bein reading these Popishe bookes ourselves in our churches.

Then there was a large and learned Treatise red by these reverend brethren that were in that Committie, descryving the Idolatrie and Superstition of the Service book, the tyrannie and usurpation of the Booke of Cannons and Ordination, and the unlawfulnes of the High Commission, which gave great satisfaction to the whole Assembly.

* * * * *

_The Assemblies condemning the Service Booke and High Commission._

Then the Moderatour said—Your Honours and Wisdomes all know how this Church hath bein burdened with these great weights and multitudes of evills, the Service, &c. Ye know also how a great parte of the Subjects of this Kingdome, of all rankes, did joyne together in a great, peaceable, and humble maner, and did supplicat his Majestie against these manifold and great evills; and when at the first, they had not such great hope as utherwayes they would have wished, to have beene free of these great evills, how they joyned together in that Confession of Faith and in a publict declaration, that in their judgement these evills were abjured in the Confession of Faith 1580. Ye are acquanted with the words wherein these same evills are abjured; “and becaus efter due examinatione we plainlie perceave and undoubtedlie beleive that the forsaids narations and evills,” &c. Ye know it pleased the Kings Majestie at last to discharge all these bookes and High Commission, for the which we have reasone heartilie to thanke his gracious Majestie; and it hes pleased God, by the indiction of this present free Generall Assemblie, to bring us all heir, and is now calling us to give our judgements concerning these bookes and High Commission. I did not thinke that any of yow neids any farder information, both becaus the Kings Majestie hes discharged them alreadie, and becaus it is not the first day that ye have heard of them, but hath informed yourselfes of the evill of them or now; and though your judgements had not bein prepaired by the laboures of our reverend and learned brethren, I put no question but ye would have done it before out of verie cleare light. Ye know ye must consider whether these bookes and the High Commission have bein brought into the Kirk without warrant of the Kirk, contrare to the order thereof, whether they containe thinges abjured in our National Confessione of Faith we have latelie subscryved—and, in a word, whether they be by this National Assembly to be condemned?

Then Mr Alexʳ Somervell raise up and spacke.—I approve the travells of our worthie and learned brethren, which, I hope, hes given full satisfaction; and for these proud men who gives proud titles to them quhilks, calling the Service Booke “a booke of commone prayer;” for it is commone to all the reprobat that walke in the broad way; and, for the uther booke callit “Cannons,” it is a name which is given to Scripture itselfe; and for their owne pride, they were not content with that which kirk, country, and parliament gave them, but would rise above all; and nothing would satisfie their unlimited ambitione. It seemes that Gods hand is upon them in this instance, and not only will take from them that which they have usurped, but also that which was given unto them; ffor as long as there was nothing concludit but the Five Articles, many were deceaved with their indifferencie; but now their courses are discovered, and it is weill knowne now they are leading us toward Rome; and we have reasone to blesse God that by the Kings majesties indiction of this Generall Assembly, they are now coming to voiting. And if personall faults be so worthie of censure, much more their ministeriall errours which crosse that holy calling; and, therefore, I hope ye are all readie, not only to give sentence against these bookes, but against the authors of them.

Then the Moderatour stated the question—Whither doe ye reject or condemne these Bookes and the High Commission, for the reasons foresaids, or not?

Then the Clerk called the rolles.

Mr Alexʳ Kerse being first called upon, said—As for these bookes, _sepeliantur sine honore:_ as they were hatched and introduced in ane unlawfull maner, let them be buried with reproach and shame, and send them _ad infortunatas insulas_. As for the High Commission, no tyrannie is of long durance, and, therefore, with a short cutt, I abjure it.

Mr Thomas Ramsay said—I reject them to the jacks of eternal destruction.

Mr Androw Cant said—I think the High Commission like the Spanish Inquisition. I think the Booke of Canons full of Popishe and Pop-lyke tyrannie. I think the Service Booke full of superstition and massing Poperie; and I think that Booke of Ordination, like the beast in the Revelation, with which none could buy or sell; and, therefore, I abjure and condemne them all.

Then all the rest of the Assembly, without a contrare voite, rejected and condemned them all.

Moderatour said—We have very great reason to acknowledge the goodnes of God to us, that joynes us together after such a maner, in giving so ample a testimony to Christ our Lord, and so large a testimonie against the worke of Antichrist in this land; and every one of us should wishe for the same spirit to goe on with us to the end of the worke.

Then divers of the Assembly desyred that the labour of these worthie and learned men might be put to the presse, whilk was promised.

Then there was some desyred to depone their oathes concerning the Bishop of Galloway, Mr Robert Aird, Neven Agnew, Mr George Gillespie, Mr James Bonar.

Then there was a commission nominat for Dundie and some adjacent paroches, for taking order with some transgressions in their ministrie and in Angus, as namely—

Mr Alexʳ Hendersone,
Mr David Dalgleische,
Mr John Robertsone,
Mr Andrew Wood,
Mr George Somervell,
Mr Silvester Lammie,
Mr Alexʳ Bisset,
Mr Alexʳ Cunninghame,
Mr George Halyburtone,
Mr Frederick Carmichael,
Mr John Robertsone,
Mr James Lightoune,

Nobles—

Montrois,
Lindsey,
Sinclare,
Cowpar,

Barrons—

Auldbar,
Fintray,
Scottiscraig,
Thomas Durhame,
Din,
Newtoune,
Auchterhouse,
James Sword,

The quorum ij, whereof 6 ministers being alwayes present; and so their session dismissed.

* * * * *

Sess. 15.—Dec. 7.

After in calling upon the name of God,

There were some witnesses sworne to depose what they knew against Mr William Annand—namely, Mr James Bonar, Mr Thomas Garven, Mr James Cunninghame, Robert Gordoune, John Knyᵗ, John Kennedie, Mr John Bonar, Mr Wᵐ Smyth, James Cochrane, Adam Dalrymple, John Patersone, Wᵐ MᶜAdam, Wᵐ Spier, Thomas Blair, Wᵐ Patoun, John MᶜNire, Mr David MᶜCorne, Mr Johne Burne, Mr John Hamilton, Mr James Baillie, Mr James Scharpe, and Mr Robert Baillie.

Against the Bishop of Dumblane—Mr Henry Livingstoune, Androw Raid, Mr John Duncane.

Against the Bishop of Edinburgh—Mr Robert Murray, Mr George Gillespie, Mr Alexʳ Symmer, John Blyth, Joⁿ Weymes, Mr David Dick.

Then Mr James Stewart brought in a letter, and produced before the Generall Assembly, which came from the Bishop of Dunkell, wherein he humbly submitted himselfe to the judgment of the Generall Assembly; and Mr James Steuart shew ane letter written to himselfe, wherein he had given him commission to intreat his reverend brethren not to rank him among the rest of the Bishops, in respect he had neither subscryved the declinatour nor protestation.

Then there was [a complaint] given in against Mr George Halyburtone, and red, wherein he was accused for sacriledge for declyning the Presbitrie, and for denying some of his parochiners the benefite of baptisme, marriage, buriall, and uther benefites of the Kirk. The Assemblie, having manie weightie and grave matters and affaires in hand, remitts the same back againe to the Presbitrie of Sᵗ Androwes, and adjoyned unto them, in Commission, the Earle of Rothes, Mr Robert Douglas, Mr Robert Cranstoune, &c.

Then there was complaints given in against Mr James Fleck, wherein he was accused for defending universall grace; who answered that he did never defend it, as a parte of the doctrine of the Arminians; but only that he said to the gentleman that he should not thinke hardlie of him for that, because it was the doctrine of the Lutherian Kirk. I confesse I citted two texts of Scripture—John 2. 1, 2, Pet. 2; but I was never of that opinion that _Christus mortuus est pro singulis_. The Assembly, finding it would consume much tyme to discuss the particulars, and that they had weightie occasions in hand, did appoynt a committie for that effect—namely Mr Matthew Brisbane, Mr Alexʳ Somervell, Mr John Moncreiffe, Mr John Maitland, and Mr Samuel Rutherfuird.

* * * * *

[_Bishop of Galloway deposed, &c._]

Then were the Articles that were approven against Mr Thomas Sydserff, pretendit Bishop of Galloway, given in; and it was sufficiently proven and notour to the whole Assembly that he was guiltie of the breach of the Caveats, besyde many poyntes of Poprie and Arminianisme, and many grosse personall faults.

Then was red the paynes and censures of the Caveats furth of the Acts of Assembly.

Then the Moderatour said—We must not esteeme of mans faults according to the worlds estimatione; for ye know if a man be not a drunkard, a theiff and robber, &c., in their estimatione he is a good man, whatever fault he has utherwayes. But we of this Assemblie ought to thinke utherwayes; not that I would extenuat the foir-named faults, but are to consider their habituall and ordinary transgressions of a publict law is a great guiltines; or, as schoolmen speakes, _spiritualia peccata_ are greater than _temporalia peccata_. So say I. The preaching of false doctrine, and venemous poysone of that kynde, to bring the people from the trueth of their profession to Papistrie and Idolatrie, must have a great censure; and, consequently, the breach of these Caveats by him, the declyning of this Assembly, and the bringing in of the Service Booke—which you have alreadie censured and condemned for the manifold guiltinesse that it hes in the bowells of it—he deserves no lessa than excommunication. I remember in the English Church there is a sort of excommunication which the Papists call _excommunicatio lata_—that is, when the man committs the cryme, he shall be declaired to be excommunicat. And there is two sortes of excommunication used in this Church: the one is called summar excommunication, and the uther uses to have admonition before, and is _propter contumaciam_. Summar excommunication hath beene used in this Church in two cases and was for hynous crymes. The uther was when the Kirk was in danger by suffering of such a member—as a rotten member is cut off least it should corrupt the whole bodie. The uther, which is _propter contumaciam_, is knowne to all men. In respect that this pretendit Bishop of Galloway is guiltie of contumacie, being cited to compeir heir, and having declyned this Assembly, his excommunication cannot be called summar, but _propter contumaciam_. It is pittifull to see some hath such a great conceat of their owne words, learning, and engyne that they will not be ranked among uthers; but, as they thinke themselves above uthers in gifts, so they thinke they should be advanced above them in place—and, therefore, ane ordinary stipend cannot content them; and then they begin to tyre of preaching and catechising; and thus are tane away with the pleasures and caires of the world and idlenes. Therefore ye have to consider what shall be their censure; and least you eire, ye shall heare some articles that were gathered out of the Acts of the Generall Assemblies of the Kirk, as lykewayes ane Act of 9 Parlᵗ K. Ja. 6., wherein is exprest the censures that is due to them. And ye shall understand, whatsoever sentence the Assembly shall thinke fit to pronounce against these, when it is all for their good—for the destruction of their fleshe that their saule may be saved in the day of the Lord. But let us remember that these that are deponed witnesses against them sitt not heir as voiters.

Then the Moderatour desyred some of the brethren to give their advyce how they should proceed in that mutter.

Mr David Dick said—It is weill enough knowne that they, having exeemed themselves from ane particular flocke, and from the censure of Presbitrie, and acknowledged no kind of Judicatories but only the Generall Assembly, whilk cannot alwayes sitt; and, therefore, for the wronges they have done to Christ Jesus our Lord, and to the poore Kirk of Scotland, which they have tossed to and fro now these sixteene moneths; and, notwithstanding that everie sermon hes bein taught all this tyme hes bein a summonds for them to repentance, yet doe we see no appearance of it, but a constant ongoing to bring this Kirk to ruine—stirring up the Prince against the people: therefore, my opinion is, that we declair our zeale for the Lord; and that the last censure which is the meanes to humble proud men, be given out against them though they should laugh at us for so doing; for since neither the troubling of this poore Kirk, nor our prayers and teares could humble them, it is good the last meane be assayed, and solicite God to voiting.

My Lord Lowdoun said—The not appearance of these men upon their citation and declyning of this Assembly, proves their contumacie.

Moderatour said—Their great guiltinesse is notour to the world; and yet, notwithstanding of all, they could never cry so much as _peccavi_; and since we excommunicat all that wer Papists, and disobedient to preachers and pastors, from partaking of the holy Communion; since they are guiltie of both, why should not the censure pas against them? I will read some words of a reverend Father, Mr Andro Melvill. When the Bishop of Sᵗ Androwes was to be excommunicat, he said, “That old dragon had so stinged him with avarice, and swalled so exorbitantlie, that he threatened the destruction of the whole bodie, if he were not cutt off.”

Then the Moderatour stated the question, which was this—Whither Master Thomas Sydserff, pretendit Bishop of Galloway, upon things layd to his charge—the breacking of the Caveats—for preaching of false doctrine, Arminianisme, and Papistrie, and bringing in of the Service Booke—whither he shall be deposed and excommunicat, or not?

Then the rolles were called.

Mr Alexʳ Kerse, being first nominat, answered—I chanced lately to see ane Extract of ane Act of a Generall Assembly holden at Glasgow, Appryle 26, 1580, wherein is registrat that the Bishops of Isles, Aberdeine, and Sᵗ Androwes submitted themselves to the Assembly, and I looked that our oune Bishops should have done the lyke; but instead of their submission, whereby they might have quenched the fire that they have kindled, they have addit contumacie; and the said Mr Thomas Sydserff is _Incendiarius_. Soloman sayes, “he that breakes doune ane hedge, a serpent shall byte him;” and they have brocken doune a hedge, and therefore the serpent of sharpe excommunication shall byte them. And since he is alse guiltie as any, he deserves excommunication, so _abscindatur quem nos perturbatur_.

Then the rest of the names were called; and the whole Assembly in ane voite unanimouslie did voit to his deposition and excommunication, except Mr Silvester Lammie, Mr Andro Ker, Mr Robert Baillie, Patrick Bell, who the morne, efter advisement, did voit to his excommunication.

Then Mr John Hay, Minister at Raffoord in the North, produced a censure of the Service Booke which he had written; and the Moderatour receaved with all thankfulnes, and the Assembly thought fitt that it and the laboures of some uther worthie men upon that subject should be put to the presse.

Moderatour said—Ye may see that the same spirit which breaths in the South blowes also in the North; and as some of our reverend brethren about Edinburgh and the South hath contributed to this, so also some in the North hath not beene idle.

* * * * *

[_Spottiswoode, Bishop of St Andrews._]

Then the pretendit Bishop of Sᵗ Androwes was called on and the proces red, and he proven to be guiltie of adulterie, drunkennes, preaching of Arminianisme and Papisticall doctrine; and for this cause the whole Assemblie voited to his deposition and excommunication as of before.

[_Bishop of Brechin._[138]]

Whilk being done, the Clarke proceaded in reading of the Crymes given in by the Committie against Mr Walter Whytefoord, Bishop of Brechin, [consisting of five Articles.]

After that thir and manie other faults proved against him were redde in the Assemblie; ane paper was given in by the Committie, conteaning the probation of his adulterie with Aleson Chrichtone, by the circumstances which were done thereanent; as who had given her money at his instance, who hes baptized the bairne at his requeist, and sundrie other passages thereof were their commemorat. Which being redde, Mr Alexʳ Ramsay gave in ane paper, conteaning that ane certaine woman, servitrix to ane Nobleman, had told him, being to come to the Assembly, that shee had lykewise borne ane bairne to the said Bishop, but by his persuasion had given it to another, which her conscience accusing her for, shee was forced to tell: whilk woman he had warned to be present at the Assemblie for the probation of the same.

The voyces at last being sought anent his censure, he was adjudged, as the other two, to be deposed from his office, Ministeriall and Episcopall, and lykewyse to be excommunicat. After whilk, thankes being given, they dissolved.

* * * * *

Sess. 16.—Decʳ 8, 1638.

[_Lindsay, Bishop of Glasgow._]

After prayer to God,

The Moderatour said—We wer going forward yesterday in the lybell of the Bishops, and the complaints against them. We began at the Bishop of Galloway and then at Sᵗ Androwes and Brechin, and least it may seeme a neglect that we are lang in coming to the Bishop of Glasgow, whose residence is so hard by us, let us goe on to the tryell of him.

My Lord Weymes said—The Bishop of Glasgow sent ane gentleman to me desyreing me earnestlie to speake with him; and because I could not goe to him before the Assembly, he intreated me to desyre the Assembly that nothing might be done anent him till I speake with him.

Moderatour said—It is good for that cause to take some uther purpose in hand; and since your Lordship desyres that he may be superceidit, yee shall be pleased to joyne ane or two discreit Members of the Assembly with you to speake with him, for it is better to wound ane then to losse twentie.

* * * * *

[_Confession of Faith—Episcopacy._]

Then the Moderatour called on the Committie for the Confession of Faith, and desyred my Lord Argyle to speake somwhat anent it.

Argyle said—Becaus I believe occasion may fall out that I must of necessitie goe to Edinburgh shortlie, therefore I desyre that the Confession of Faith, wherin I acknowledge myselfe to be tyed, might be explained before I goe, that I may both be a witnesse to what is done and be able also to informe uthers. There are two Confessions. One is the Confession with the explanation: the uther is the Confession, that which breids much questioning; some referring the explanation of it to the Assembly, uthers subscryving it according to the meaning of it when it was first sett doune, as the Counsell hes done: therefore it is wisdome to consider whether ye take it to consideration as a thing fitting and expedient or not? Or if ye take it (as the Kings Commissioner and these of good qualitie hes done) as it was first subscryved? If ye take it to your consideration whether Episcopacie should be or not, it may be that more disputable; for I confesse I have never dyvit deeplie in it. Therefore I humbly represent unto your consideration the lawdable acts and estate of the Kirk at that tyme, and to consider as in _Ecclesia constituta_.

My Lord Rothes said—I thinke it is absolutelie necessar, in regard that my Lord Argyll is to be at ane Counsell day shortlie in Edinburgh, where it is like, the Commissioner will be present, and so his Lordship shall have occasion to give them satisfaction, if we make such grounds heir as shall be answerable to explane the Confession that they themselves have subscryved.

Then the Moderatour desyred Lowdoun to declair his mynd.

Lowdoun said—It is sufficientlie knawne to this reverend Assemblie what great straites this Kirk was redacted to when the Popishe Booke of Service, Cannons, &c., now justlie condemned, were injoyned as the only forme of Gods publict worschip, and that some of the most sinceare Ministers, Gods faithfull servands, were chargit, under the paine of rebellion, to receave these Bookes, till by a Bill of Suspensione they obtained some breathing tyme, that men of all rankes might supplicat against these evills. It is knowne to yow also, that by the Bishops malice and misinformation of our Prince, the answer of all our Supplications at Stirling was returned by a proclamation, under the paine of treason, that we should not presume to meit any more to prosequute our desyres; so that at that tyme we are driven to such exigencie that we behoved either to fall in rebellion and excommunication on the one hand, or forfeiting of the way of trueth and true religion and breach of our Nationall Covenant with God on the uther hand; and we knew not to what hand to turne us, till it pleased God to lead us by his light to the renewing of our Confession of Faith, which ye know was verie solemnlie sworne throw this Kingdome; and ye know also that no meanes hes bein left unassayed to have rescindit the same. Then it was taxed to be ane unlawfull combination, whereof we did cleare it sufficientlie. That our Supplication of it should be left out, that it might be the more ambiguous in the interpretation, and therefore it necessarilie at this time requyres ane explanation, and the way that we have proceidit therin is this: First, we have drawen up some reasons of the necessitie of ane explanation to be made; next, that we may schunne the neidles dispute of Episcopacie _in abstracto_, and of these corruptions that were introduced after they were expelled out of this Kirk, we thought it most necessar to state the question thus: Whither Episcopacie and these corruptions be compatable with the doctrine and discipline of the Kirk, as it was established in the year 1580 and 1581 to adhere? And this being examined, we hope it will cleare all the scruples about the Confession of Faith, and for this purpose we have drawen up a number of Articles thereanent. And when we consider how the Bishops have striven to creip in by degries, and have abstracket the Bookes of Records of the Kirk, which now in Gods providence are come in our hands—and how they made many Acts of Generall Assemblies which now are declaired to be null—and how they have thrust themselves in the pryme places of the Estate, and by their boundles power in the High Commission, and sheltered themselves under the shaddow of auctoritie, oppressed the word of God;—no wonder that some hes beene deceaved rather to think them tollerable then to suffer themselves to be thrust from their flocks and places. We trust in God, when it shall appeare that they have done nothing but what hes beene protested against by Gods servands, and that they had never a warrand from Ecclesiasticall power, and that these things were once abolished as mens inventions, tending to the overthrow of religion and wanting a warrand from Gods word, we hope, these grounds being cleared, we shall all returne to our former puritie, and, by so doing, shall give testimonie of our obedience to God, loyaltie to our King, and happie conjunction amongst ourselves.

The Moderatour said—I am glad that my Lord Lowdouns speach hes come to your eares; and I think that whilk scarres some most, is feare to offend the Kings Majestie. But we are sure, when the Kings Majestie sies we make conscience of our oath, and when it is manifest to his Majestie that we doe nothing but what is sworne to be done in the Confession of Faith enjoyned be himselfe, we hope he will think them good and loyall subjects to him, who have proven so obedient to God.

Then there were reasons heard by the Clerk, showing how necessar it was that there should be a necessar explanation of the Confession of Faith.

After the reading of the Reasons,

The Moderatour said—Ye have heard many reasons showing a necessatie of this explanation: now heir the explanation itselfe. And I intreat yow, Nobles, Gentlemen, Ministers, Elders, or any Minister of this Assembly, call for reading of any Act that will cleare your mynd, and they shall heare them out of the Book of the Assemblies; for I think there be many Theologs in this Assembly that are not weill acquainted with the Acts of Generall Assemblies.

The Clerk said—To show yow how diligent our Reformers wer in gathering of their Acts, there wer two fasts appoynted, to seik Gods direction therein—the ane 26 April 1577, and the [other] 1578. Then all the Acts of the Assemblies, clearing the meaning of the Kirk of Scotland, concerning Episcopacie in the year 1580, 1581, wer red by the Clerk.

Then the Moderatour desyred to read the Act of Counsell 22ᵈ of September 1638, in which Act his Majesties Commissioner and Lords of Counsell declared, that they subscryved the Confession of Faith, as it was professed and established in the forsaids years 1580, 1581. Then there was a Letter, in Latine, writtine to some of our divines by the Kirk of Helvetia, red by the Moderatour, giving approbation to the Confession of this Kirk, and showing their opinion in the poynt about Episcopacie, wherein they declaired it to be but humane consuetude that appoynted the prioritie of Pastors above Pastors, and that divine institutione had only appoynted a paritie among Ministers.

Then the Clerk said—It is evident that, in all their Assemblies, the abrogation of Episcopacie, the establishing of the Booke of Discipline, and the injoying of the Subscription of the Confession, wer alwayes conjoyned. After the reading of many uther Acts,

The Moderatour said—Heirby any may perceave what the meaning of the Kirk of Scotland was concerning Episcopacie, in the 1580, 1590, and 1591; and what shall be our meaning, except we shall deall deceatfullie with our God in our Covenant?

Then the Clerk said—I know certainlie that this office of the Bishops was never established by any Act of Parliament in Scotland, which I never knew my selfe but within this twelfemonth, that I tooke speceall notice of all the Acts of Parliament for that effect.

The Moderatour said—It becomes us to have a reverende estimation of the Lawes of the Countrey; yet there is no Acts of Parliament that can be the ground of our Ecclesiasticall Policie.

Lowdoun said—It is but too cleare what we are doing in Ecclesiasticall Judicatorie hes nothing in the civill law repugnant to it. Then my Lord Lowdoun red the Act of the 15 Parliament of King Jaˢ 6, and ane uther Act Parlᵗ 1612. In the former there is nothing concerning the office of Bishops, but only reserving to the Kings consideratione and advysement with the Generall Assembly; and in the last there is a relation to the former; so that there is nothing in the interveining Acts 1606 and 1609, and the Act 1612 does not ratifie that which is concludit in Glasgow Assembly, which now is condemned. That ground being taken away, the Ratification also falls.

The Moderatour said—Ye have heard a cleare deduction of this purpose; and if it would please my noble Lord Argyle, whom I know hes tane paines to be cleare herein, if it would please his Lordship to declair if he be satisfied, we would be glad to heare him.

Argyle said—Indeed I cannot deny but all this tyme, both before the Confession was subscryvit by the Counsell and since, I have ever found that the question was drawen much narrower nor it was before; for the greatest question ever since that tyme hath been only concerning the government of the Bishops, and that will be the greatest question; and, I think, for the declaration of any uther thing, we did all show that we could be ruled by yow of this Assembly: and, since I am requyred to speake, I must not thinke shame to confesse my ignorance. I neither studied it nor did I see the Bookes of Assembly, and, whenever I was demandit of this, I answered I would not determinatelie say anything till it should come to be considered by a free Assembly, and find what was the constitution of the Kirk. At that time I said, for aught I know, I said, it was a lawfull office established by Parliament and lawes; and I could not have thought even [when] the Commissioner went away, that things had bein so clear as they are, and, for my oune part, it satisfies me fullie—that, according to the Constitution of our Church, the Government established at that tyme, when it was first subscryvit, is verie cleare in my judgement.

Moderatour said—There is a lang tyme spent, and therefore we will proceed to state the question—Whither, according to the Confession of Faith, as it was professed in the 1580, 1581, and 1590, (I keip the words of the Act of Counsell, because it is a clause of the explanation of it,) there be any uther Bishops but a Bishop over a particular flocke? or, Whether there be any to be acknowledged Pastor over Pastors, having preheminence over the brethren? and, consequentlie, Whither all uther Episcopacie, place, power, or preheminence is to be removed out of this Kirk?

_Abjuration of Episcopacie._

Then the Rolles were called, and

Mr Alexʳ Kerse said—The true sentence and meaning of the Confession of Faith being made clear by these Assemblies, showes a incompatibilitie betwixt Episcopall Government and Presbyteriall Power, that they are to be removed and abjured out of this Kirk.

Then the whole Assembly unanimouslie in one voice, with the hesitation of ane allanerlie, voited that Episcopacie should be abjured and removed out of this Kirk.

Then the Moderatour spack—I think there be nane of us heir but we have beine oftentymes calling upon the name of God in secrete and open, that he, and he only who was able to doe it, would have beine pleased to stay the course of defection that was going so fast on. And I think there be nane of us but it was the earnest desyre and wish of, that we might have sene a day to have taken to a consideration, whether we have transgressed the Covenant of God or not, and gane on in a course of defection; and now he has granted us the day wherein we may call all matters to a reckoning, which day we much long for; and many a tyme have I myselfe besought God to stop this course of defection, and so he hes done. Many are the miseries, burdens, and calamities that hes beine upon this poore Kirk thir yeares bygone; and we are scorned by uthers that it was for the brecke of the Covenant of God; and we trust it shall kythe to the world, when we are dead, that we have turned unto him and renewed it againe. It rests now that we be thankfull unto our Lord for the same; and I trust there is nane of us that are come heir with ane honest mynd, but they would have bought this day at a deare rate, and given a deare pryce for this voiting, whilk God hes done far beyond our deserving or expectation—and our adversaries neid not to say that it was the voites of a number of Gentlemen and Elders that carried it away; but, blessed be God, that Ministers and everie ane heir present, with great unanimitie, hes gone together without any contradiction, which is a matter of admiration, and a wonder of wonders, for the whilk we know not what we shall rander unto our graceous Lord. Therefore we will not medle with any uther purpose, but goe altogether and give heartie thankes unto our Lord for this harmony.

* * * * *

Sess. 17.—Decʳ 10, 1638.

After prayer to God,

Mr John Row declaired—That a brether sone of his, who had bein in Germany and Pollᵈ these 13 yeires bygane, was willing, with heart and hand, to subscryve the Covenant, which the Assemblie willinglie accepted.

Then there was a Committie appoynted for gathering and viewing any overture that was to be made for good order of the Church in tyme comeing, when we had removed some of the cheefe corruptions—namely:

Mr John Adamsone,
Mr James Sibbald,
Balmerino,
Kinliet,
Auldbar,
James Cochrane,
Mr John Row,
Mr John Moncreife,
Gilbert Gourlay,

Moderatour said—We must begin where we endit on Saturday and goe forward in that worke. There is ane great mountaine removed, blessed be our Lord, who have done it. Ye know that in the explanation of our subscribit Confession of Faith, we did oblische ourselves to forbeare the practice of all novations or approbation of the corruptions of the publict Government of the Kirk till a free Generall Assemblie, which hes beine done conscientiouslie by many; and now, blessed be our Lord, and blessed be he ten thousand tymes! and great reason have we to bless him more—and I hope the posteritie that heares of it shall call it a happie work that is past—hes bein done without any contradiction of the voites of the Assembly. Now it rests that we goe to the uther parte—the Inovations alreadie introduced. As for the Service Booke, Cannons, &c., the Assembly hes declaired their judgement of them. By the innovations introduced, I mean, principallie, the Fyve Articles of Perth Assembly, which now is null, and, by consequence, they must fall; yet we are obleist to hear the judgement of the Assembly anent these novations, and, to the end ye may be prepaired for voiting, ye shall heare something red concerning these novations; which the Clerk tooke and red. After reading the first concerning Festival Dayes,

The Moderatour said—It is knowne that a festivall and holy day hes, first, a cessation frae a’ warkes; 2, There is some service ordained to be done where there is feasting, rejoyceing, or hilaritie, as it is called. That commonlie is called a festivall day. Ye know the Apostles doctrine concerning these dayes; and, altho’ there hes bein great dispute about them, I think the brethren heir present are to satisfie what to think concerning them. There is three words that the Apostle uses. The first is to judge of a holy day—that is, to mentaine it in our judgements. The second imports, that we affect it because we esteime of it; and, thirdlie is, to proceid from our estimations and affection to observe it. Indeed the common and rude sort gave an estimation of ane day above ane uther as Baronius sayes—ane yeird of ground is more fertile then ane uther, so there is some dayes produces better effects then ane uther—as the day of Christs resurection, assension, &c.; and I thinke there are none heir that are judicious, but they can answer to this, and then truelie ye would consider that the Kirk of Scotland is utherwayes oblissed, as ye see by that which is red, then uther Churches. All uther Churches, except the Church of England, and even in it before the latter tymes, it would appeare that they rather speake of these dayes as tollerable then as a contendable observation; and, becaus they cannot amend it and the Church purged, therefore they excuse it. But, for us, we blesse God that our Reformers hes gone so far on as to purge out those dayes from this land. We are not to judge of uther reformed Churches, but to consider what is expedient for ourselfes. I have beine grieved many tymes to see the writtings of some divines, upon the Sabath day. They divide holy dayes, in ordinary and extraordinarie dayes, and anniversarie holy dayes, weeklie dayes, and the Lords day. Anniversarie are Pasche, Zuill, &c.; and is it not a fearfull sort of divinitie to matche these dayes with the Lords day? What dispute hes beene concerning these dayes thir yeares past, ye are not unacquainted with, and ye perceave what is attributed to these dayes of mens institution. Even als much is derogat from the Lords day; and therefore, if any of you hes any scruple to propone, there is now a tyme wherein ye shall be heard.

Mr John Row said—Truelie I am perswadit, in my soule and conscience, that, if the Bishops had not beine raised up amongst us, the memorie of these dayes had bein utterlie abolisched, both out of their owne hearts, and hearts of people; and therefore let them goe with the Bishops, in Gods name.

Then the Clerk proceidit in Kneilling at the Communion; and, as some things were cited out of the treatise before the Psalme Booke, printed at Aberden, 1625, where prayer is made against hyreling Papists, that God would confound them. In these that are printed at Aberden, Papists are left out. In ane uther prayer, these words, “the Romish Idol,” are left out in reading.

Then Doctor Guild, in Aberdene, desyred that the printer might macke accompt of it, who had bein the occasion of that. And after the Clerk had endit concerning kneilling,

These considerations (said the Moderatour) are not presented to yow concerning the gesture of Sacrament in generall, or concerning kneilling in uther places, but what we should think of it in Scotland, according to the order of our Church; neither doe we yet begin to dispute the question, but only this—Whether it ought not to be removed according to the Confession of Faith, and according to the order of the Kirk of Scotland?

Then the Clerk proceidit in reading concerning the privat administration of the Sacraments and Confirmation.

Mr John Row said—As for Confirmation, it is one of the five bastard Sacraments, and is expressed in our Confession; and seeing Episcopacie is condemned, the imposition of their handes falles lykewayes.

Moderatour says—I remember againe how circumspectlie and warilie we have gone on in this bussines; not censuring uther Churches, but wishes all thinges may be regulat weill in our owne Church. Neither goe we to trouble any mans conscience with idolatrie, superstition, or any uther thing of that kynd. The question shall be this—Whither or not, according to the Confession of Faith as it was professed in the year 1580 and afterward, festivitie dayes, kneeling, &c., are abjured, and ought to be removed? And if any of the brethren hes any thing to say to cleare this matter, say it.

Mr David Dick said—The first year of my ministerie, when thir thinges began to be agitat, we wer tryed with alse subtle distinctions and insinuations as could be; and, when the matter was brought before our Presbitrie concerning preaching at Zuill Day, the question was made, Whether it was lawfull to preach that day or not? Whereupon I resolved to take the narrowest way I could to try if there were superstition in it; and I waited till the people conveined that day, having no advertisement of any thing to be spocken from me, but only the ordinar course of prayers. And there I fand the Kirk fuller than ordinar; quherupon I tooke occasion to preach against the idolatrie that was lyke to break foorth; and this I fand to be exponed athort the countrie for a Zuill preaching; and out of that I learned to make a distinction betwixt the act and honest intention of some that were slidden aff their feet; ffor they sett downe the act ane way, and pleadit for them ane uther way, and they were practised a third way. I speake not this to excuse the wrong that God hes gotten, but only to excuse some honest mynds _a tanto_ onlie.

Moderatour said—In Sᵗ Androwes, where I live, they professe that they keepe holy these dayes only in tyme of preaching, and yet they have a great bell they ring on these dayes.

Lowdoun said—There is ane thing not to be forgot, that, upon the humble petition of the subjects unto the King, the Kings Majestie hes beene pleased in these Articles given in be his Commissioner, to discharge these thinges by a reall edict; and, withall, did offer to the consideration of the Assembly what thinges they thinke fitt to be represented onto the Parliament; so that none neids to scarre at that. Not only is the Assembly at Perth, which gives auctoritie to them, null, but if any fear the sanction of the civill law, they are abrogat by it also, and full power given to present unto the Parliament what ye thinke farder fitting to be requyred. And for the thinges themselves, let men think of them as they will. The tries are knowne by their fruits. What fearfull obstractions they have bein, usher to all thir thinges that are come since?

Moderatour said—Indeed they have made way for the Service Booke, and are principall limbs of it.

Mr Androw Ramsay said—I allow altogether and think it expedient, that these Articles be removed; but for the information of some I will speake a little. First, What is a holy day? There is twa things to make up a holy day. The first is the commandment of God; the second is the dueties commandit to be performed that day. This may be evinced and cleared out of the fourth precept—“Remember to keep holy,” &c, and thir twa is includit in the same precept—“He rested”—there is a cessation from worke—“and hallowed it”—that is dedicat to holy uses; therefore a cessation from a’ worke, and a dedication to holy uses, makes up a holy day. So these three makes up a holy day—a commandment, a cessation, a dedication. Now for kneilling at the Communion, it is dissonant to the practice of Christ, and discrepant from the practice of the Kirk; and for the action, a Papist could say that the action of the Communion being ane action of joy, we should not use a humble gesture. If a Papist conclude thus, much more we. And for privat Baptisme, it is not to be understood when it is ministred in the church or at publict prayers, but when it is ministred in a privat house; ffor in countrie kirks there is sett doune preaching in week days. As for Confirmation, I altogether condemne it.

Mr Robert Baillie said—For the removing of the Articles of Perth out of the Kirk, I heartilie consent unto it; but to remove them as abjured in the Confession of Faith, so that they all shall be abjured who practised them, I doe not think.

Then the Moderatour stated the question of new againe, and desyrit Mr Robert Baillie to tell his opinion when his voice was speired.

Then the Rolles were called.

Mr Alexʳ Kerse said—All these Articles being at once dead in this Church, had bein revived and preached again by some unlucky birds, becaus it makes for their purpose; and the more that stuff abounds, it addes the more to the vaine lusture and glorie of their Episcopacie, which had neid of much fairding and learning; and, if so be, we should take them from these falcities and idle toyes, it would befall to them as the Poet said, “_Moveat cornicula risum surtious undata coloribus”_; and so with heart and affection, I send them, and the revivers of them, both ane way; for they are abjured by the Confession of Faith, and therefore are to be removed.