Chapter XXV: Act 131: , Par. 8, K. Ja. 6, and the subjects’ liberties, who ought (22)

Now, this sitting at the right hand of God is a very high degree of majestie, glory, and dominion, given unto Christ above all the creatures, above all the angels, for they all acknowledge him to be King and Lord. To adventure on describing what particulars this doth contain were a forgetting myself, and those to whom I am speaking. Only I must say, a pity it is and lamentable, that he being exalted after so bitter sufferings and so great abasement, we should not ascribe to him his own due, his majesty, and glory, and dominion, as we ought; and that we cannot learn to entertain communion between him who is at the right hand of God and our souls—for surely there is a communication between him and every believing soul: a pity it is, I say, that it should be so insensible to us, or we so senseless that we cannot conceive or apprehend it. Oh, what a comfort it were to us to have the beams of that sun of righteousness, with light and heat refreshing our souls; and that we would acknowledge his dominion and government in our hearts! This were very comfortable if we were not strangers to this communion with Christ, but were sending up our desires to heaven, and receiving answers from our Advocate. The men of this age are gone so far on, that they think this authority and dominion of Christ is exercised over the visible Church only in secret, and spiritually; but for the government thereof in the external order, they imagine it is committed unto men, especially to civil men, and their authority, which seems to me to be not very far from blasphemy; for it is strange that any man should imagine the Lord would have his own house without order, that holds all the world in order, and exercises a particular providence in ordering every creature and subjecting them to one another; for there is a perfect government to be learned out of the word of God, and you must not dispute what ye think the best form whereby our Church should be ruled, or that any country may reduce the government to another form. But it is the question, what government Christ and his Apostles have set down? Neither is it to be questioned whether it agrees with reason or not; but whether it agrees with the pattern shewn in the Mount. And this right government that he hath established, if we had eyes to see it, we would perceive it to be the most orderly, and the most beautiful and amiable thing in the world, that any lover of wisdom would be enamoured with it. And surely if wisdom could be seen with bodily eyes, it would have many lovers; so if this government that Christ has established in his Church were seen with the eyes of the soul, it would have many to reverence it. But I may not now insist to speak of the order and government of the Church of God. 2. As the order is beautiful, so is it powerful to keep out many corruptions. And surely it is not possible that Christ’s kingdom can be ruled with another order than Christ has established in his house. And surely heresy and false religion, and an enumeration of all evils, will come into the house of God, if that be not ruled according to his word. And, 3. As it is powerful, so it is profitable for advancement of piety, religion, and righteousness. And I am sure these that have not seen Assemblies before will understand how profitable this Assembly is unto our Church, when every man is heard patiently till he speak his mind; and then is a contribution of every gift in a nation joining together and making up a composition of an Assembly. Let it be judged by any man whether the Episcopal power be likest God’s own order in his house; and I put no question but the Kirk of Scotland will be found to be the Church of Christ, and the Antichristian Church shall be found to acknowledge it. 4. As it is a beautiful, a powerful, a profitable order; so it is very pliable also, or of such a nature that it can well agree with Monarchical government, or any other sort of government in a Commonwealth. Therefore it is but a false aspersion cast upon this order and government of the house of God, to say that it is an enemy to Monarchical government, while as there is none so suitable thereto as it. Oh, say they, there is nothing but confusion in Presbyteries, where there is an equality. To these we would say, are not the Senators of the College of Justice all equal? and are not the Privy-Counsellors equal? And shall we say, because they are equal, they cannot consist with Monarchical government? Nay, Presbyteries, Synods, Provincial and General Assemblies, may as well stand with Monarchy as the College of Justice, the Council, or any other judgment-seat: yea, in all these there is a parity, and yet it occasions no confusion. They will say there are some few that rule all the rest, and that is Episcopal tyranny, which, alas! is a great mistaking of the gifts of God; for when God furnishes one with gifts above another, why should not use be made of that gift for the good of the whole Church of God?

Now for the time to come: “Till I make thine enemies thy footstool.” Because I am loth to detain you, I will speak but a word of this by way of application, rather than explanation. You know, beloved, besides the professed enemies of Christ, he hath intestine and domestic enemies. And these men that we are to sentence this day, and to give out the censure of this reverend Assembly upon, have proven themselves the enemies of God and of his Son Jesus Christ, these many years bygone. We may say boldly, they have been the greatest enemies that Christ has had in this kingdom; for, 1. They have been friends to the enemies of Christ, the Antichrist. Who is Antichrist but the proudest and most opposite enemy that Christ has? They would not let him be called the Antichrist. 2. They have been friends to the Antichristian Church; for they would not have the Roman Church called Antichristian, but have disputed for her, and maintained affirmatively that she is the true Church. And ye all know how Papists and the supports of Antichrist have been preferred to honest Ministers, the servants of Jesus Christ. 3. They have proceeded according to the principles that the enemies of Christ have followed since the beginning; for you see in the first chapter of Exodus how the enemies of God did with his people: “Come,” say they, “and let us deal wisely, lest they multiply and increase.” They began with a piece of very barbarous cruelty against them, and used the utmost of their power against the people of God, never considering whether they were the people of God or not, nor considering that their multiplication was from the blessing of God. And such have these men done in times past, striving, by all means possible, that the people of God should not multiply, using all the policy and wiles they could, whereby there should be no more any people of God in the land, but only a number of naked professors; for there was no man that professed the power of religion, but he was ridiculed and mocked as a Puritan. Ye know, in the ninth chapter of the Judges, there is a maxim or principal rule of policy laid down, “Whether is it better for you that all the sons of Jerubbaal reign over you, or that one only reign over you?” And this is commonly opposed unto us. It is better, say they that Bishops rule, than that every Minister be a Bishop and ruler; and therefore they proceeded according to that craft men did propose before them. But now, blessed be our Lord that has taken the crafty in their own snare. Therefore, since we see it clearly that they follow such rules as God’s enemies have kept from the beginning, shall we not count them our enemies? And I add a fourth, surely they that are friends to the world, and follows the world, are enemies to Christ. And it is clear in their practice that they have followed the world; for what is the world? nothing but these three things, the lust of the eyes, the lust of the flesh, and the pride of life. Now, if any man will impartially consider their proceedings, ye shall find that they have followed the world and the lust of their eyes; for they think if any man be eminent in gifts above others, or, in the course of their philosophy, quicker than others, and then acquire a better gift of learning than others, and better expressions, &c.; such an one must not lie in the dust of contempt with his brethren; nay, he must have pre-eminence. And, 2dly, then they must have better fare than ordinary, and fairer houses, &c. than others. And then, after that, they begin to despise the calling of the Ministry as a base thing, and they cannot abide to sit three or four hours catechising a number of landward people; and they choose rather to attend the court, or some nobleman. And thus, as before they followed the lust of the eyes and the pride of life, so now they follow the lust of the flesh. And it is these three that has made so many Ministers to become unprofitable and rotten members, such as these men are whom we are this day to cut off. But time being spent, I will proceed no further, but go on to the pronouncing of the sentence of this honourable and reverend Assembly against the pretended Prelates.

By the appointment of this General Assembly, so solemnly convened, the like whereof has not been heard of at any time in this land, that we know, there be divers censures to be inflicted upon these pretended Bishops.

We shall first enter with the gravest and weightiest censure of excommunication. The General Assembly hath declared, that they think the persons following worthy of this censure—viz., Mr John Spottiswood, pretended Archbishop of St Andrews; Mr Patrick Lindsay, pretended Archbishop of Glasgow; Mr John Maxwell, pretended Bishop of Ross; Mr Thomas Sydserf, pretended Bishop of Galloway; Mr Walter Whiteford, pretended Bishop of Brechin; Mr David Lindsay, pretended Bishop of Edinburgh; Mr James Wedderburn, pretended Bishop of Dumblane; and Mr Adam Ballantyne, pretended Bishop of Aberdeen.

I need not inform the honourable and revered members of this Assembly, for whose cause they are thus censured, for they are well acquainted with it. But, for these that are not well acquainted with their outbreakings, I will cause read a paper unto you, at the hearing whereof I think your heart shall quake, your hair shall stand, and your flesh creep, when ye hear tell that Christians, let be Churchmen, who reckon themselves the chiefest and most eminent men in the Church, and call themselves the pastor of pastors, should have fallen out in such foul acts as these are. [Here the preacher gave out of his hand an abstract of the proof against the Bishops, which having been read publicly by the Assembly clerk, the minister proceeded.] Thus, ye see, they have fallen foully by their abusing and ruining the Kirk—by their consenting to unlawful acts, and voting in Parliament, without consent or warrant of the Church—in not rendering an account of their proceedings to the Church—in wareing on their riotousness and ambition the emoluments of the Church—in dilapidating their benefices—in neglecting the ministerial duties over a particular flock—in usurping and tyrannising over all Presbyteries, Synodal and General Assemblies—in suspending, depriving, fining and confining faithful, painful Ministers—in relaxing excommunicated Papists—interdicting morning and evening prayers—countermanding synods, and falsifying their acts—moderating and tyrannising in General Assemblies—in causing great disorder and confusion to fall out by their private marriages without proclamation, even contrary to a Popish Council at Trent—in troubling of professors for their maintenance of the doctrine and discipline of the Church—in refusing to admit Ministers except they would first be deacons—in preaching heresy and corrupt doctrine, Popery, Arminianism, &c.—in exacting unlawful oaths of intrants, usurping of civil dignities before the peers of the kingdom—receiving consecration to the unwarrantable offices of Episcopacy—by tyrannising over the laws, liberties, jurisdictions, persons, and estates, both of the Church and Churchmen in the High Commission—by bringing in innovations in the worship of God, such as, the superstitious Service-Book, tyrannous Book of Canons, and Book of Ordination—by their loose and profane lives—their excessive and extraordinary drinking—filthy dancings—common swearing by the name of God—profaning of the Sabbath—profane speeches—and excessive gaming, contemning the public ordinances of the Church—bribery—simony—adultery—slandering of the Church—and stirring up of authority against these who could not go alongst with them. For these, and many other gross transgressions and slanders, at length expressed, and clearlie proven in their process, which is not seemly to be named in this place; and, instead of their repentance, adding to all these evils extreme contempt of this Church, declining and protesting against this honourable, reverend, and duly constitute Assembly, they have incurred, and justly deserve, this fearful sentence of excommunication.

Before we go to the pronouncing of this terrible sentence, the like whereof has not been heard in a land, because we never have heard of such matters in our Kirk, you shall hear particularly the sentence which the Assembly hath ordained to be declared and pronounced against the said pretended Bishops.

[Here the Moderator read the Sentence, which will be found in page 26 of these Records.]

After which the Moderator said—You, who are the congregation of God’s people, are called of God to concur in this action. You have heard the ordinance and sentence that this reverend Assembly have given out against the eight persons before named; and you may easily believe their warrant so to do, by the crimes you have heard, which have been proved to the full. If it had been needful, and that time would have admitted, you should have heard the haill process, whereof the crimes you have heard mentioned are but a small part; for ever the further that we searched, the fouler guiltiness was found in them. And surely when any professor of the Christian religion, or member of the visible Church, especially those who profess themselves Ministers of Christ, be found guilty of such things as are laid to thir men’s charge; and add thereto contumacy, yea great obstinacy, as these men have done, he deserves no less than excommunication, though it be a very terrible sentence. Ye know that the members of this Assembly do nothing at their own hand, neither is it presumption that moves them to do it, for they are commanded of God, and, being commanded, they dare not be so bold as refuse. As there is a necessity laid upon us to preach the gospel, so is there a necessity laid upon us to pronounce this sentence. Ye know, in chap. xviii. of St Matthew’s gospel, our Lord’s commandment is, “If he neglect to hear the Church, let him be unto thee as a heathen man and a publican;” that is to say, account him as a Turk, or a profane man, a stranger to the household of faith. And 1st Cor. v., St Paul commands the Church of Corinth to cast out the unhappy man that had been guilty of incest; and we have the promise of Jesus Christ, who hath given us this authority, that what we _bind on earth shall be_ also _bound in heaven_. And, for as mean men as we Ministers are, it shall be found that our sentence shall be ratified; and those who will observe shall see it, that we are sent to Glasgow to pronounce this sentence. Neither is this a new thing in the practice of the Church; from the beginning this sentence was in use. When Adam fell into the great and high sin of disobedience against God’s first command, he was cast out of Paradise, which was an emblem of the Church of God. And you will find, under the law, there are many particular precepts and statutes, excluding unclean and leprous persons from eating of the passover. All which represent, by analogy, this sentence under the gospel. In the New Testament there are several examples likewise. 1st Tim. i., 20. Hymeneus and Philetus are registrate to the end of the world, and branded with a note of reprobation, whom Paul delivered unto Satan, that they might learn not to blaspheme. And you may not think but as we have commandment, promise, and practice for our warrant, there is also great necessity for it; for, in such a case as this, God cannot be honoured otherwise. Were it not dishonourable to God to have men guilty of such crimes going to the pulpit to preach to his people? Yea, it were enough to make people loathe the articles of their faith, to hear such men as these take the Covenant of God in their mouths; and therefore it is expedient that the Church of God be purged of such foul scandals as it hath been polluted with in these men’s persons. And this is profitable likewise for the faithful, that they may learn to be wise and holy, and that they fall not into the same faults, lest the same censure come upon them. And truly if the Lord had directed to another remedy for these men, the Kirk of Scotland would have been glad to use it; but there is no other known mean to keep them from the condemnation of the devil, for the mortifying of their flesh, and saving of their souls, than this.

And, as you see it is warrantable, necessary, and profitable on the matter; it is likewise warrantable and necessary as to the manner. For these and the like faults, the Bishops own tyrannous canons ordain excommunication to be pronounced _ipso facto_. Next, you that please to read the Book of Common Order before the Psalm Book, will find that summar excommunication was appointed by the Kirk of Scotland, in some cases. But we are not to account this summar excommunication; for it is above a year since these men were summoned by the many supplications, bills, and complaints, that were given into the Council-Table for the superstition and idolatry they brought into the worship of God; for the tyranny they brought into the government of the Church, and for the heresy they brought in upon doctrine; and so, all this time, they have got public warning from the Kirk. And, besides all this, they have given in a declinature and protestation against the Kirk of Scotland, and obstinately refuse to hear her; and, therefore, they justly deserve to be accounted as heathens and publicans.

It rests now, before pronouncing the sentence of this reverend and honourable Assembly, that we should call upon God that he may be pleased to join his divine approbation to that which we are to pronounce, that it may be seen by the world to be ratified in heaven.

Great Lord of the heavens and of the earth, who does in them both what seems good in thy own sight—great King and Lawgiver, in thy own church—God eternal and glorious in thy self, but merciful and compassionate to thy people—we, thy servants and children, do again present ourselves before thy Majesty. (The concern of the congregation increasing as the awful part drew near, the amanuensis could not distinctly transcribe more of this very fervent prayer.)

Prayer being ended, the Moderatour pronounced the sentence of excommunication in these words:—

Since the eight persons before-mentioned have declared themselves strangers to the communion of saints, to be without hope of life eternal, and to be slaves of sin, therefore we—the people of God, assembled together for this cause—and I, as their mouth, in the name of the ETERNAL GOD, and of his SON the LORD JESUS CHRIST, according to the direction of this Assembly, do excommunicate the said eight persons from the participation of the Sacraments, from the communion of the visible Church, and from the prayers of the Church; and, so long as they continue obstinate, discharges you all, as ye would not be partakers of their vengeance, from keeping any religious fellowship with them; and thus give them over into the hands of the devil, assuring you, in the name of the Lord Jesus, that except their repentance be evident, the fearful wrath and vengeance of the God of Heaven shall overtake them even in this life, and, after this world, everlasting vengeance.

Beloved, let us not think that this fearful sentence is merely the wind of a man’s voice; surely these unhappy men shall find the truth of it. It is true a farther blindness of mind, and hardness of heart, is one part of the execution of this sentence; but it may be that the Lord of Heaven shall kythe some sensible judgement upon some of them, whereby they may be made spectacles of his wrath, except they repent. Cain thought little, when he was cast out from the face of God, that any evil should befal him; and surely in a lamentable case was he when he lived, and miserable were his offspring and all that joined with him. So was it with cursed Ham and his whole race; they were rooted out, and the judgment of God came on them. In like manner, the fig-tree being cursed, it withered immediately away; and Ananias and Sapphira were struck dead at the first word of Peter. And though we do not say that miracles will be wrought—for God can execute his judgements in an ordinary or extraordinary manner, as best pleaseth him—we have cause to be grieved that there are such rotten members in the body of this Church; and, truly, it is ill with such Members when they are cut off. We speak only from the visible Church, because they declare themselves so obstinate to her, and acknowledge not their mother; and we mean only the destruction of the flesh that their souls may be saved in the day of the Lord; for it is the earnest desire of our hearts that the same may tend to their salvation. And I do verily believe that there are none here so willing to witness their excommunication as they would be to receive them again to the society of the Saints: and that the Lord may in mercy take the blot off them that is this day put upon them in justice.

Now you shall hear the Sentence of the Assembly on the rest of their colleagues.

[For the Sentence, see pages 27, 28.]

After which, the Moderator’s strength being outwearied, he only added—

Now you may perceive how circumspectly this Assembly have gone on, in giving out their judgment against these men according to the degree of their guiltiness. Neither have they judged according to rumours or reports, nor yet by their own private knowledge, but have proceeded according to things that have been clearly proved, which makes us the rather be persuaded of God’s approbation of our sentence. Therefore, let us again humble ourselves, and give thanks to our Lord for his presence with us, and entreat him for a further manifestation thereof, to the glory of his rich grace through Christ our Lord.—AMEN.

* * * * *

[_Eodem Die._]

After in calling upon the name of God,

A noble Lord, my Lord Montrois, who did formerlie undertake, for my Lord Wigtoune, that he would come and declair his meaning to the Assembly anent his subscryving to the kings Covenant, did give in a letter of excuse, come from my Lord Wigtoune, wherein he declaires that he is myndit to come to the Assembly whensoever his busines can permitt him, and give them all satisfaction.

After this, there was ane proces produced against Mr Wᵐ Annand, sometyme minister at Air, for maintaineing saints dayes, and many poynts of erroneous doctrine; especiallie in ane sermone taught at Glasgow, at ane synod 1637.

Mr John Fergussone and the Provest of Dumbartone, gave a large testimony of his scandalous lyfe and erroneous doctrine. Then the rolles were called.

Mr Alexʳ Kerse said—I know he subscrivit our Covenant, and efter resedit from it, and so he proved a Proteus _quem vertit se in omnes figuras_. Therefore, let him be deposed, and then he will be in a figure that he was never in before.

The whole Assemblie did all agrie that he should be deposed, and the way and order of his censure to be remitted to the Presbitrie of Air.

Mr Andro Rollock gave in his supplication, declaring that out of meir ignorance he had subscrivit the Declinatour, being brought up with the Constitution of England Church; but now, having gotten farder light from God, and intelligence from Acts of Generall Assemblies, with greiff of heart and conscience, declynes it altogether, and adheres to the acts and constitutions of this present Assembly; and, therefore, did earnestlie supplicat that he might deleit his name from the declinatour, which the Assembly grantit, upon condition that he should make publict declaration of his recantation in his paroche kirk, which he willinglie condiscendit unto.

Lowdoun said that the favour granted to him who had been brought up in the Kirk of England, should not be a preparative to temporizers among ourselves, and so is pure negations, and uthers are prave dispositions, or wilfull ignorance.

The Moderatour said—Fra we be delivered fra these diseases that hath oppressed the whole bodie, I hope we shall have greater health hereafter; for laying aside aines the hope of Episcopall dignitie and the fear of Episcopall tyrannie, I hope men shall labour to be more carefull and faithfull in their ministrie; and since God hes moved your heart, Mr Rollock, to declyne your declinatour, I hope ye will not stand to give the most publict declaration that can be; to whilk he willinglie condiscendit.

After this Doctor Hamilton, procurator for the Bishops, was called on, and the proces red and the probation thereof. Then the rolles were called.

Mr Alexʳ Kerse said—He hes bein verie strict in urging thir novations, and he hath bein verie officious _et nimium diligencie_ in agitating: therefore, since the trie is cutt doune, let the woodbine fall with it and be buried: therefore let him be deposed.

The whole Assemblie voited the same.

The Moderatour said—Since this Assemblie finds that he deserves deposition, I, as the mouth of this Assembly, discharges him from all function of the ministerie, exercise of discipline, or administration of the Sacraments, and declaires his place to be vacant; and ordaines him to make his repentance at Edʳ, and if he disobey and did not passe from his declinatour, that they should proceed against him to excommunication.

Then there was a proces given in against Mr Thomas MᶜKenzie, Archdeane of the Chanrie of Ros, who for his fornication, drunkennes, marrying of adulterers, &c. After the calling of the rolles, the Assembly voited to his deposition, and if he did not satisfie in repentance, that he should be excommunicat.

Mr George Muschet, minister of St Androwes, called upon and his proces red, and delayed till the next day.

* * * * *

Sess. 21.—Decʳ 14, 1638.

After in calling upon the name of God,

Mr John Smart showed his Commission from Caithnes, to the end he might have voit in the Assembly in the place of the former commissioner, who is gone hame sick, which was accepted, and his name written in the roll.

Then Mr Androw Sheipheard declaired, that of meir ignorance he had subscryvit the declinatour, and was deiplie humblit for his oversight, and protested solemnlie that except that ane oversight he did never, nor never would give way to any divisive motion; and therefore desyred earnestlie that he might raze his owne name out of the declinatour, which the Assemblie granted, and ordained him to make signification thereof in the pulpit of Dundie.

Moderatour said—It is expedient, if the Assembly think good, to appoynt Commissions through the Kingdome, for discussing of Complaints and Lybells given in against Ministers. Then the Assembly appoynted Commissions in severall places of the Kingdom.

The Moderatour said—If the Church were well established in her owne power and jurisdiction, there could be no neid of such Commissions; therefore, let us labour to get the ancient jurisdiction of the Kirk restoired to its full power, and Presbitries, Provinciall and Nationall Assemblies, to their owne jurisdictione: for the Generall Assemblies cannot give to the Commissions to consider new processes, but such as they cannot convenientlie decyde themselfes, and in such partes of the countrie where Provinciall Assemblies cannot be had.

The Moderatour said—We have beine treating hitherto of matters of verie great importance, howbeit, it hes bein only a primitively sort of dealing; and now we are to fall upon positive acts. Therefore, I will intreat yow to renew your former patience in waiting upon a comfortable conclusione to this worke: for having banished out ane evill order, if we labour not for ane good order, it may justlie be said, ane evill order had beene better nor nane; and therefore resolve to stay till some good order be established, that ye may know how to carry yourselfes in tymes comeing. Next, there is a verie great necessitie upon many considerations, that there be something done concerning the Confession of Faith, that hes beine subscryvit with the explanation of it; and concerning that Confession alse subscryvit by some few at command of the Counsell; and it were good that some few were separat for it that if it were possible—

Lowdoun said that there is something emergent now lately come foorth, that gives the greater reason to aveir to that poynt; for now, when the Assembly hes interpreted the Confession, to whom only it was referred as competent judge, and lykewayes many of the honourable Counsell having declaired their meaning is to keepe in these things that are contrarie to the Assemblies explanation, so there is a necessitie of some further explanation for takeing away of all scruples.

In the meane tyme, my Lord Wigtoune came and declaired, in the face of the Assembly, that he had put his hand to the Confession of Faith out of a resolution to adhere to the religion in doctrine and discipline, as it was professed in 1580, when the Kirk was in puritie; and this I speake not out of ostentation, but from certaine knowledge and zeale to Gods caus, and will adhere unto it whilst a droppe of blood remaines in my veins.

For the which declaration, the Moderatour and whole Assemblie rendered his Lordship heartie thankes, praying God to assist his Lordship so to doe.

After this the Moderatour said—I perceave there is a universall regrait among Ministers who are put to the extraordinary charges by coming from Orkney, Caithnes, Sutherland, and uther remote places, that their meane portione is not able to beare. Therefore, I desyre that some course may be taken how their charges may be provydit, that they may attend the Nationall Assemblies and uther meetings of the Kirk, since they have a great zeale to give a testimonie to the trueth. Therefore, I would desyre the Noblemen and Elders to consider of it; and I hope it shall not be interpreted to be bryberie where there hes bein too much in former pretendit Assemblies; and we are now stryving to returne to our old customes used before Episcopacie, some whereof we have begun—as this of Ruleing Elders to have pairt with us in guyding the affaires of the Kirk, which how profitable a thing it is, may appeare by the much helpe that hes contributed to us this year past. Neither neid we feir thir usurpatione, since we hope for Generall Assemblies to beat doune corruptions of that kynd.

My Lord Lowdoun said—It deserves to have a present course tane for it, and its certane the Generall Assemblies is but the representative Kirk of this Kingdome. Everie Minister that comes heir, comes not as a Minister onlie, but representing the paroche or Presbitrie they come from; and therefore it were fitt that the Elders and paroche did beare the burdene of their charges.

Balmerino said—That was one of the overtures which they had to give in, and therefore would come in to be considered heirafter.

Then Mr George Wischart, Minister of Sᵗ Androwes, was called on, and his proces red, wherein he was accused for rayling against the Covenant, and saying that he should never come in his pulpit if the Covenant were red in it; lykewayes that he had maliciouslie deserted his flocke for the space of 8 monthes, whereas the Act of Dundie beares deprivation upon 40 dayes absence.

Lowdoun said—His non residence will be sufficient to depose him; and the question is only that he was not cited; but, according to the Act, his non residence will depose him absolutelie becaus he went away without advertising the Generall Assemblie.

The Moderatour said—It seemes to me that it will be hard for the Assembly to declair his place vacant; but, if Sᵗ Androwes will take the hazard to find out ane uther who will be willing to supplie his place, they may doe it; for there must be either dimission or deprivation before it be now filled there. There can be no sentence of deprivation against him, till he be either cited, or his proces closed before the Presbitrie; and, in the meanetyme of the proces going on against him in the Presbitrie, and citation used, if he compeare, it is thought he can give no sufficient reason, and so will be worthie of deprivation.

The Assemblie condiscendit to the Moderatours motion, and appoynted that Sanct Androwes shall provide for themselves a Minister, and that Mr George Wischart, upon such considerations, shall be cited, and the Presbitrie to proceed against him.

Then there was a supplication presented from Sᵗ Androwes for provyding of their Ministery, and many pregnant reasons used by them, wherefore they should have ane able Minister, and that their necessitie was considerable, in respect of their corrupt Universities, and the dangerous fruites that a corrupt Ministery had brought foorth amongst them. Then it was asked whom they had sett their eyes on, and the Commissioner from Sᵗ Androwes nammat Mr Andro Flock and Mr Alexʳ Hendersone.

The Commissioner of Edinʳ answered—That he had commission from the town of Edinʳ to supplicat for the transportation of Mr Alexʳ Hendersone to Edʳ, alleadging lykewayse that the toune of Edʳ had the priviledge of being first provydit in their Ministerie.

Moderatour said—Let there be no contest for me, for I have bein thir 24 yeares Minister at Lewchars; and now I am growing ane old, withered, and dry tree, and it is pittie to transport such a ane, least it bring foorth no fruite. And I doe declair _ex animo_ to this Assembly, that, although I have ane earnest desyre, if I had any thing in me to imploy it for the good of the Kirk of Scotland, yet I think I am able to doe more good heir where I am nor any where els; therefore I intreat the Assembly that some may be appoynted to hear my just reasones that I have to give in, why I should not be transported.

Lowdoun said—Becaus the desyre of the parties will be eager on both sydes, therefore, let some indifferent men be chosen by the Assemblie to heare the reasons of the Commissioners of Edinʳ and Sᵗ Androwes both, and your owne reasones lykewayes.

The Commissioners of Edinʳ objected, that there could be no committie chosen for that effect, becaus they had alreadie chosen him to be their Minister, and, lykewayes, they had the priviledge to transport any Minister of the kingdome.

Mr David Dick, Mr Andro Cant, Mr James Bruce was ordained to name a committie.

Then there was a proces given in against Mr Hary Scrymsoure, wherein he was accused for abuseing the church yaird, break of the Sabbath day, and for venting of sundrie tenets of false doctrine.

The said Mr Hary gave in a most humble supplication, and, with many teares, confessed sundry of his faults, and shew himselfe to be penitent, that he was most willing to undergoe whatsover censure the Assemblie could lay upon him, to restoir God to his glorie, humblie supplicating that he might be continowed in the Ministerie, and not depryved.

The lairdes of Newtoun and Waughtoune, his parochiners, urged still his deposition, according to the Acts of the Kirk.

Moderatour said—That it were good that he give a testimonie of his unfenzied repentance to his parochiners, and stay with them and build up that whilk he had throwine doune, if his paroche could consent.

Newtoun answered that he might be profitable in ane uther place, but he could not be profitable there.

My Lord Burlie said—I wishe this Assemblie may doe everie thing on good grounds; and, for my owne parte, I cannot be satisfied unles he be deposed, and, upon his repentance, let him merite favour.

Moderatour said—If he be deposed, I hope he shall not find the weight of it long; and, since this Assemblie can find no uther way for him but deposition, let him make his repentance, and come in before the Presbitrie, and receave a warrand from the Presbytrie, and preach any where, and, at the first occasion of a paroche, receaved and admittit; and let us joyne together to help this our penitent brother where he may have a ministerie.

Then there was a proces given in against Mr Robert Hamilton, Minister at Lesmahago, and the probation thereof before the Presbitrie of Lanerk; and it was found that he had brocken the Sabbath, and taken lends from his parochiners; deteined the penalties of delinquents; banished some of his parochiners out of his paroche for not kneilling at the Communion; that he had preached Arminianisme, and declyned the Assemblie.

Mr Alexʳ Somervill said that he behaved himselfe verie undecentlie before the Presbytrie, and called some of his parochiners deboasched villanes, in face of the Presbitrie.

Moderatour asked—If he did cleare himselfe before the Presbitrie concerning Universal Grace?

Mr Alexʳ said he gave in ane writt to the Presbitrie; but we layd it by in respect it contained not a direct answer, but was full of subterfuges and dubious expressions, and he alleadgit that he ventit it only by way of disputation.

The Moderatour said—When he passed his tryells in the Colledge of St Androwes, he was suspect of it, for he was a scholler of Wedderburnes; therefore the Presbitrie ordained him to make his theames upon that poynt, and they wer compted orthodox; but it is not well favoured that he yet smellis of it.

Lowdoun said—There is ane thing cleare in his challenge, and he grants it—that he hes tane the defence of these articles anent conformity, and hath made it a reasone of putting many of his people out of his paroche, and surelie there was never any of them refused to joyne with him but out of conscience, and still he tooke penalties from them to wearie them.

Moderatour said—There is no question but he hes bein verie forward in these causes; alwayes some of his friends lookes for him this night; and since it is the chief of all our desires to gaine the man, let us use no preposterous course, but delay this matter till Monday.

Mr James Flecke having produced his theses before the Assembly, according as he was ordained the day before, anent the universalitie of Christs death, the Assembly ordained him to goe home to his congregation and Presbitrie, and satisfie them in alse solemn a manner as can be, and declair to them this judgment of the Assembly; and if he failzie herein, that he be summonded before the Commission at Dundie.

A question was proponed to the Assembly anent Mr R. Nairne, minister at Carmichael, who, being imposed upon the paroche lately by the Bishop against the heart both of the paroche and Presbitrie, is now fallen in a ffrenzie, and hes lyen under the phisicians hands ane quarter of a year; and the paroche desyres the Assemblies verdict of it. The Assembly committs to the Presbitrie.

Doctor Panters proces was produced and delayed till the morne.

* * * * *

Sess. 22.—Decʳ 15, 1638.

After in calling upon the name of God, The Moderatour said—We were speaking of ane of the Doctors of Divinitie in the Colledge of Sᵗ Androwes, viz. Dr Panter. His proces was red the last day in the Assembly, and if ye will, ye shall heare it againe. The trueth is, he was oft tymes called before the Presbytrie, but did never compeir; and therefore ye have to consider whether his proces shall be red over againe and decydit heir, or referred to the Commission of Sᵗ Androwes.

Auldbar says—He thinkes himselfe to be a pryme man, and the sentence heir will stryke more against him then the sentence of any privat Commission. Let this Assemblie judge if such a man should be a Doctor of Divinitie in ane of the most pryme Colledges of this Kingdome?

My Lord Balmerino said—We have beine searching over the Acts of the Assemblies, and we find that which may be discussed in Presbitries or Assemblies provinciall, shall not trouble the Generall Assembly, and this Act I desire the Clerk to read.

After the reading of it,

The Moderatour asked some of the brethren whether his proces should be closed heir or referred to the Commission at Sᵗ Androwes?

Mr Robert Douglas, Mr Androw Cant, Mr Robert Baillie answered—There are alse grosse and vyle thinges proven against him as might merite deposition heir, yet let him goe to the Commission at Sᵗ Androwes.

Then the Commissioners of Edinburgh presented a supplication from the toune of Edinburgh, for provision of their kirkes with able ministers, alleadging that they not only had the priviledge to choyce their ministers, but lykewayes that their Bill should be first heard.

The Moderatour answered—The Bill of Sᵗ Androwes hes bein first heard alreadie, and therefore it is reason that some answer be given to it, and becaus my name was heard in it, I desyreit my thrie reverend brethren, Mr David Dick, Mr Androw Cant, Mr James Bruce, to thinke on it. I hope they will heare my reasons, and by my reasons they will give satisfaction to the Assembly, to whose judgment I confesse I must submitt myselfe; but I am verie confident of their wisdome and prudence, that they will heare me to the full in such a matter that concernes me so nearlie.

Then the Supplication of the toune of Edinʳ was put in the Clerks hand and red, containing many pregnant reasons for providing their kirks—as that Edʳ was most exposed to the tryell of the corruptions that are imposed upon this Church—that they were the centure of this kingdome—that they were the learnedest auditorie in the kingdome—that much dependit upon their example of yielding or not yielding to the corruptions of the tyme—and that her example prevailed with many uthers, as appeared at this tyme bypast—that her Presbytries was ever esteemed the most pryme in this Church; and for that cause, the indiction of the dyet of Assemblies hes bein committed to it:—That she is first subject to all temptations, as hes appeared by urging the Service Booke first upon her—the resorting of Noblemen, Ministers, &c., and their continowall meetings is there. By all thir, and many moe reasones, neidlesse to be relaited heir, did they urge the transportation of Mr Alexʳ Hendersone from Lewchars to Edinʳ.

Moderatour said—I will never goe to answer any of these arguments used heir with such multiplication, and a great deall of rhetorick, for provydeing the toun of Edinʳ—for it is verie reasonable it be weill provydit; but for my oune parte, all these reasons doe deswade me from granting their desyre; and since there is such great thinges requyred of a minister that is there, surelie my insufficiencie makes me thinke everie argument militat againes my going there, howsoever they be strong for provyding the toune of Edinʳ.

Then there was some brethren appoynted for hearing of Mr Alexʳ Hendersone his reasons, that they might present them to the Assembly the next day.

Sess. 23. [December 16, 1638.]

After in calling upon the name of God,

Moderatour said—We were yesterday about some Complaints; and it is expedient that they should be considered in Provincial Assemblies whether they might be heard; and where they might not be heard, that they should be considered by Commissions appoynted be the Generall Assembly. And I think it will be hard to get Provinciall Assemblies constitut as could be wisched; therefore it feares me there must be both—that is, Commissions for dispatching thir great matters in hand, and lykewayes Provinciall Assemblies, which is to be thought upon by the Assemblie when they shall be had. Only I would heare the judgement of the Assemblie—it being a universall thing for the good of the whole Church, and likewise a redding of us of the burdings of many particulars.

My Lord Cassiles said—We looke for a Generall Assemblie so shortlie that it would seeme no neid of Provinciall Assemblies before the Parliament, becaus ministers who have attendit heir so long cannot spend all their tyme in going to Provinciall Assemblies; and in the meane tyme, let Commissions be despatching matters.

Then the Commissions were appoynted as follows:—

_Item_, ane Commission for Complaints about Edʳ, Dec. 26.

Ane uther Commission to be used at Jedburgh, Jaʳʸ 2. [1639.]

Ane uther Commission to sitt at Irwing, Jaʳʸ 15.

Ane uther Commission to sitt at Dundie, Febʳʸ 5.

Ane uther Commission to sitt at Chanrie and Forres, March 19.

Ane uther Commission to sitt at Kirkcudbright, April 6.

Ane Commission for visitation of the Colledge of Aberdein.

Ane uther Commission for visitation of the Colledge of Glasgow.

Then Mr David Lindsey, Mr John Robertsone, and uther aged men in the ministerie, were appoynted to take inspection of the Bookes of the Assemblie, and to try wher thir provinciall Assemblies hes bein holden, which accordingly they did, and gave in a roll the next day.

The Commissioner of Kinghorne gave in a complaint in name of that Burgh, in respect of the great prejudice they sustained by the Episcopall tyrannie in removing of a faithfull minister, Mr John Skinner, and him whom they now have being ane old man. They crave of the Assemblie ane helper.—_Fiat ut petitur._

The Commissioners from the Presbitrie of Turrey gave in a Supplication, declairing, That whereas Alexʳ Andersone and Robert Davidsone, in Turrey, having fallen in ane delinquencie at a mercat in Aberdeine, and for that were conveined before the Bishop, and payed 522 merks of penaltie, which should have been bestowed in mending the high wayes betwixt Turrey and Aberdeine, notwithstanding they delivered it to the Bishop, whilk he detaines, and the parties are not called for to make their repentance.

The Assemblie ordaines the delinquents to make their repentance in Turray and Aberdeine, and the penaltie to be restoired.

Then there was a Supplication presentit in name of the Kirk of Corspairne, which church lyes in a very desolat wildernes, containing 500 communicants. It was builded by some gentlemen to their great expenses, only out of love to the salvation of soules of a number of barbarous ignorant people, who heirtofoir hes lived without the knowledge of God, their children unbaptized, their deid unburied, and could no way for getting mentainance to a minister but to betake them to the sympathizing of zealousness, as the Assembly would think expedient.

My Lord Cassiles said—Their cace is verie considerable, and deserves helpe. The cace of their soules is verie dangerous, being 15 or 16 myles from a church; and now, since God hes given them the benefite of a kirk, I think verilie a verie little helpe of the Presbitries of the kingdom would give them a competent meanes for a minister, especiallie seeing they have alreadie provydit something themselves.

This matter was committed to my Lord Lindsey, Earle of Cassiles, Shirreff of Teviotdaile, Mr Wᵐ Dalgleische, Mr Alexʳ Kerse, and Mr John Home, to consider upon till Monday.

Then the Moderatour asked Mr David Lindsey, who had the charge of the Billes, if there were any moe to be presented; who answered, none but two, which they hoped to discusse themselves.

Moderatour said—God be thanked! We have now neir endit all the billes; and as we began with important bussines, so we must end with great bussines lykewayes; and therefore ye must have patience, and I hope with speid we shall goe through them all, and so returne to our places. Therefore, if there be any in this Assembly that have any overture to give in concerning Ruleing Elders, let them come to my Lord Balmerinochs house at 4 o’clock.

The Clerke desyred these that had given in their billes to the committie, and who were referred to the Commissions up and downe the countray, let them goe to Mr David Lindsey and get their billes, that they may raise summands upon them to compier before the Commissions.

The houre of meiting upon Monday is 10 houres.

* * * * *

Sess. 24.—[December 17, 1638.]

After in calling upon the name of God, those who were appoynted to meit about the Kirk of Carsfairne, declaired that they had mett and taken consideration of the estate of the kirk; and, finding that the pairties that posesses the teynds cannot be moved to give provision, we thinke it expedient they be helped ane uther way; and becaus we thinke it expedient that the whole kingdome be not troubled with it; therefore we thinke the bounds of this syde of Tay, including Fyfe and Forthe, will be sufficient.

Then Mr John Bell, elder, minister of Glasgow, presented a supplication to the Moderatour; and, after he had red it,

Moderatour said—There is heir a reverend and aged brother, whom we should all honour—for gray haires, for a crowne of glorie—that hath approven himselfe to God in his Church, and to the people of this cittie in a speciall maner; and now, finding his natural weaknes increasing, though he hath vigour of mynd as yet, and fearing and apprehending his dissolution drawes near, he hes represented to yow heir a supplication for a helper in the ministerie, and desyres it may be heard with the first.

Then the Clerke red his supplication, containing a earnest desyre, for many reasons, that his brother, Mr David Dick, minister at Irwing, might be admitted to joyne with him in the ministerie.

My Lord Eglintoun said—Albeit Edinburgh have power to transport ministers, I understand not how Glasgow hes.

Moderatour said—They have power to supplicat.

Eglintoun said—Let the question be, whether Mr John Bell may have a helper or not?

And the Provest of Glasgow said—Not only the generall doe we supplicat but for the particular also.

Mr David Dick said—This was motioned to me yesternight, and I have bein laying the matter before God, as it becomes me to doe; and I desyre that my particular reasons why I should not be transported be considered by the brethren of the place where I live, be reason of my long acquaintance and tryed affection betwixt me and my flocke and my brethren of the Presbitrie. I have ane open doore of doing good above any pairt elsewhere. 2. In the tyme of my trouble by the Bishop, my Lord of Eglintoun, and the brethren of our Presbitrie, was put to much trouble to have me restoired to my ministerie there; and, therefore, I am tyed to his Lordship and to them all. 3. Be reason of my professed intention of a particular exposition of Scripture, I cannot be for such a learned auditorie; and before ever I can take roote in any uther soyle where I may be fruitfulle, the tyme of dissolution will draw on.

Lowdoun said—Beside these reasons given in be Mr David, ye shall consider, that albeit some men have had but particular flockes, yet they have both done als much good, and holden off evills as if they had bein in more eminent places.

The Moderatour said—This is certaine—churches must be planted; and, for that end, there is a necessitie of transportation of some to Edinʳ, St Androwes, Glasgow, Dundie, [which] cannot be provydit with expectants.

Argyle said—Though I have not ane voit heir, yet I crave libertie to speake my judgment. Truelie the bussines is both grave and weightie; for the question is now betwixt the countrie and the tounes, whether there be a necessitie of transplanting ministers from corners of the kingdome to tounes, or let them rest where they are? And I thinke it deserves this consideration: let everie ane that pretends interest why it should not be, produce their reasons in write, that the Assembly may consider of them. The Moderatour said—Let it be referred to a committie.

Eglintoun said—He would not consent: for, said he, if I submitt my cloake to a committie, it may be they take a newke of it.

Then there was a Committie nominat:—