Chapter XXXIII: Act 131: , Par. 8, K. Ja. 6, and the subjects’ liberties, who ought (30)

The Commissioner answered—I am sory to say any thing that may breed jealousie—farre lesse miscontent in any mans mynd: yet I must say that agane which I said yesterday in generall; and I desire that everie bodie that heares me, and in particular the honourable and reverend Members of this Assembly, may believe that what I doe in this kinde, is not out of a intention to delay or protract tyme; but surelie the great and weightie charge I am entrusted with,—secondlie, the short tyme I have had to consider of the instructiones given to me of my Master,—thirdly, the sense of my oune weaknes; and I may adde a fourth—some distemper of my bodie—that I must begg the allowance of this day—not for any delay or protracting of tyme, but that, after mature consideration on all hands, we may all sing ane sang before this Assemblie end; and, having obtained this short tyme for consideration of my instructions, I must then begg a second favour, that the Moderatour, and some other with him, may spend some tyme with me this afternoone, that so thinges may be the better digested, and I more able to give satisfaction in everie thing that can be expected.

The Moderatour said—My Lord Commissioners Grace gives us to understand that the Kings mynd is peace toward this Church, and least we should speake and not understand one another, and stumble in the entrie of this bussines, his Grace requyres that this day may be given for consideration of the instructions receaved from His Majestie, and that some of this number that ye thinke good, with me may attend his Grace, that one of us mistake not anothers language; and it shall be our pairt to deall with God to show we a right way, that fra there is ane ayme at peace we may follow the best way for attaining of it, and for preservation of it heirafter: for if our way be good as weell as our matter, it can bring no miscontent: but if we marr in either, we may breid much. Therefore, let us suspend our judgments in every thing our mynd might have thoughts about; for this is a tender bussinesse; and it shall be our wisdome to suspend our judgments till every particular speake for itself; and since on all hands we professe peace, so let every mans particular cariage declair the same: so shall trueth and peace and every mans particular cariage get the oune true approbation.

The Commissioner said—I believe it is scairse expected from me that I should adde to or confirme that which ye have said, seeing its propper for yow to speake. Your place carries yow to it, and your gifts gives yow abilitie for it. The place I am in is to heare and doe that duetie which is to be expected from a gracious Prince. Yet I may say thus much without wronging any trust my Master hath put upon me, to second that yow have said—to witt—if men come without prejudicat mynds—if men come impartiall, with a mynd to acquiesce to reason when reason shall be offered, and to imbrace trueth when the way of trueth is layd open with the soundnes of mynd, and with that reverence and respect which may be expected from good Christians and good subjects, and which their oune place will beare to soveraignitie and lesse then which can never be expected from good subjects: I say if men come so, I hope the conclusion may be beyond the expectation of us all, and beyond the desyre of some that all shall tend to peace, and such a peace as hes trueth for the companion of it, against to-morrow.

The Moderatour asked the opinion of some of the Members of the Assemblie, whether the Commissioner his Grace his desire was most reasonable?

My Lord Argyle said—I know that it is the profession and desire of us all to have all this bussines settled in a fair way; and since the Commissioner his Grace hath given ws good hopes of it, I thinke it were ane ill interruption of it to refeuse to his Grace any thing of this kynd.

The Moderatour desired that, if any of the Assembly thought otherwayes, they would tell their mynd—for we think verilie (said he) that one dayes good advysement may save us many dayes paines, and the spending of this day in thinking upon the best meanes how we may wind to our good ends, may be like money lent out for double annuell. To the which the Assembly willinglie assented.

Added to the Commission for the Billes—Mr Wᵐ Douglas, Mathow Brisbane, &c., to meet at the Parliament House at 6 in the morning and 6 at night: and so the Assemblie dismissed for this dyet.

Sess. 4.

After prayer, the Moderatour asked if the Commissioner, his Grace, had anything to say to the Assembly.

The Commissioner answered—I was desirous yesterday of a short delay, that I might the better consider of my Masters instructions; and, withall, I was desirous that the Moderatour, and some of this reverent company, might come doune to me, that to yow I might communicat some of my thoughts, that they may the more plausiblie be convayed to the rest of this number. This ye were pleased to doe. Some short tyme we spent together yesterday, and this morning too; and I doubt not, Moderatour, but since your comming up yow have communicat to some of the rest, and so I hope this shall facilitat the matter greatlie; and I shall begg libertie to repeat somewhat in generall of what hes past in privat. The deploire to the divisions and differences that hath beene in this Church and Commonwealth are both so weill knowen to ws all that I need spend no tyme in it. The bad and dangerous consequents that hes beene likelie to insue—yea I may say, the ruine that hes bein so imminent, is yet so fresche in your memories that I spair it. It hath pleased God so to dispose our effaires, and so to prepaire our Masters heart to hearken to our just desyres, that he hes bein pleased to grant and to indict this free Assemblie, as the readie meanes to obviat all such evills in tyme comeing, and to prepaire thinges that there may not be the like mistake among us heirafter. If I be not mistaken, this was the occasion of our petitions: the sense we had of bygone illes, and the fear we had of the consequentes of these illes, and the desire we had that these feares should be removed, and that, by removing of the evills and causes thereof. In privat, to these few of this number that came to me, I was desirous that they would condescend to me what they conceaved to be the causes of all the divisions of this Church, that accordingly we might take to our consideration the readiest wayes to expunge the same, if any such appeared, and to remove them by wholesome constitutions. Ye were pleased to condiscend upon some, and it may be others doe thinke upon some that ye have not thought upon. I doe not take upon me to determine what are the causes; but as my memorie serves me, and so farr as I can gather out of the Petitions to the Counsell, the Commissioner, or to His Majestie himselfe, I shall collect my oune thoughts, and, if possible I passe by some circumstances, if I touche what is most materiall, I desire yow to helpe it.

The first occasion that made a sense of the subjects, at least a expression of the sense to appear to the King or Counsell, was a Service Booke, latelie introduced and pressed, furst upon the Clergie, and, I thinke, by them to be prest upon the whole subjects. Upon this there comes petitions from diverse corners of the countrie, and the numbers of them grew daylie. This was so taken to heart by the Counsell, that they did acquant their Master with it; but it may be not in that powerfull way as to make our Master conceave of the bussinesse as God hath given him grace to consider since, for which cause, the satisfactorie answer was not given at first which was expected; and so your desires grew; and, if I be not mistane, the Booke of Cannons was joyned with it. Yet it ceased not here. We went a litle further, and, I believe, in generall, there was innovations complained upon—innovations alledged to be introduced contraire to the constitutions of this Kirk. The Five Articles and High Commission were complained upon; and, I believe that it was complained that, even in the governement of the Kirk, something was introduced that was not according to the laudable constitution of this Kirk; yea, I believe, first we came to complaine personallie of the faults of Bishops—as of the hard usage of Ministers—the unlawfull oathes extracted of intrants, and, I believe, in end it came to that, that it was presented as a grievance to the King, and as an occasion of the destraction of the Kirk, that Episcopacie itselfe was so farre contrare to the constitutions of this Kirk and Reformation thereof, and, therefore, that not only their office behooved to be reformed and rectified, but totallie abolished, and the Kirk restoired to that governement she had at the Reformation, by free and lawfull Generall Assemblies, or the subjects could not be satisfied.

It may be my expression hes not bein methodicall and cleare; yet, bluntlie and orderlie, I think I expresse the most materiall thinges that the Kings Majestie hath conceaved to be the grievances and desires of his subjects, by their petitions, papers, and by the Commissioners Grace; or, utherwayes, I cannot, nor darr not say, if I answer that trust that my Master hath put upon me, or, if I discharge that duetie, that in reason he shall expect from me. But his goodnes is such, and so farr he hath condescendit to satisfie the desires of his good subjects, as he hath indicted this Generall Assembly, to take to their consideration the true cause of these illis which he expects they will doe, and doe it without partiall respects or by ends; so, on the other pairt, not only to heare of it be evident trueth, and grounded upon good reason, as the petitions of the subjects seemes to say, he hath commanded me, not only to heare, but to consent and to concurre with yow, in everie thing ye shall agrie upon; yea I may say more; for the more I look upon my instructions they give me warrant to say the more. That my Master doeth expect, although I came not here to say that there is another way in ecclesiastic bussinesse then that way which ye have propounded to him, and of which he hath given satisfaction to others by mouthe, that he conceives no other way—that we of this Assembly will, notwithstanding, consider of the distractions of the Kirk, so far as our auctoritie can doe. For the Service Booke and Cannons, they are discharged. For the Five Articles and High Commission, in this his grace and goodness appears very great—for they were established in his fathers tyme, and continued in his owne tyme—yet, without so much as disputing his owne right, he hes bein pleased to discharge all these; and, likewayes, for what seemed grievous to ministers at their entrie, and complained of, not only be ministers but by laicks, the Kings majestie hes beine pleased to declair, that no oaths shall be exacted of intrants; not that I am commanded to say that ye should desist here, or take it for a command not to meddle with any more; but to this end that ye may see his Majesties grace and goodnes, and how willing he is when reason ruleth, to doe all that can be expected from a graceous and good King, and requires that this Assembly shall take to their consideration what is further fitting for freeing us of our feares and preventing the lyke in tyme to come. And, farther, we have complained of the personall faults of men, and I am persuadit my Master will protect no man further nor the Word of God, and order of law doth allow. Yea, he hath ane eare open to all complaints, and hath commanded me to receive all billes, and heare them according to the order of justice, which I hope shall give satisfactione to all men, that is, for the persons of men. The very calling of itselfe Episcopacie hath beene represented to his Majestie as a grievance—as ane occasion of thir evills—as a thing so farr contrare to the institutions of this Kirk, so many tymes abjured, as that the subjects would not find themselves quyet in conscience, except the King should be graceouslie pleased to see it utterlie abolished: and I am commanded to tell you so much, that his Majestie expects that ye will take this as he meanes it, and as I now expresse it.

It hath ever beine thought that no mans judgement can be satisfied without reason. The Kings breeding hath been in a Church where, ye know, Episcopacie is allowed as a warrantable governement; but without more discourse, least possible I involve myselfe in greater difficulties than I can easilie be redd of, I am commanded to tell you that I have represented the grievances and occasions of those great evills.

The Kings Majestie is graceouslie pleased to give directions, that this Generall Assemblie shall consider whether so be or not; and what yee shall determine in it, I hope ye sall give me no cause but with that same heartinesse, to expreese my Masters willingness to joyne his assent and approbation thereto, I shall desire, and truelie I desire in a verie serious way, that no man carp at my words, (for God knowes I must come here without premeditation,) further than this, that if in my expressions of what I conceave to be my Masters meaning, any man find not himselfe to be satisfied either in the generall way of it, or in any particular, they would, in that modestie that becomes good subjects, testifying their tender respect to the honour of our graceous Master, represent their doubts; and I hope I shall be able to give them satisfaction.

Next, becaus we are not all of one disposition nor temper of mynd, give me leave to represent unto yow, that if any of thir particulars, either last or first—I name none of them—if there be anything more to be expected or wished then I have said, I should humblie, I say, represent to your consideration, that before ye fall upon any poynt that should be unsavourie to so good a King, they may be first communicat to some of yourselves, and well digested before they come to all our eares in publict, least ye force me to make answer in that way which will be unsavourie unto yow, and no less unto myselfe. But this course being keiped, though I have bluntlie and rudelie exprest my Masters meaning; yet going in this way, I may expect retribution of respect to auctoritie, which ye all professe to vindicat his honour before the eyes of all the worlde; and to vindicat his owne thoughts and privat judgment, your owne goodnes and duetifulnes I am confident will give me satisfaction. I may say, whatever my Master hath done in this, it is done to a good and thankfull people, in doing whereof he will establishe a place in Kirk and Commonwealth, the fruites thereof will redound to himselfe in receaving all duetifull obedience; and seeing nothing amongst us but consent and harmony, and no contest at all, except it be who should be formest—first, in their duetie to God, and next to the King.

_A particular deduction of the Grievances of the Church._

The Moderatour answered—We have very great reason to blesse our Lord, that hath brought foorth this fruite of his favour by such graceous and honorable meanes to our comfort; and we acknowledge heir, heartilie, that there is no small expression of our Kings Majesties gentlenes and goodnes and love to his subjects, that he hath done of his owne accord so much, and is readie to doe yet further, and to cast into our hands what God, reason, and law doth allow of, which his Majestie cannot be particularlie informed of, except from us. We have to thanke God and his Majestie for that pointe. As for your Grace his Commissioner, yow have followed the order indeed that is very pertinent, and hath asked of us in privat, and hath place to ask us in publict, the causes of disturbance that hath beene amongst us; and as we are bound to give ane accompt of our proceedings to all men, so especiallie to his Majestie, or any in his name, and to your Grace in particular. And as in privat we have dilated some, not takeing upon us to comprize them all, so are we heir in publict, readie to give satisfaction to his Majestie, and that by satisfieing of your Grace in this place, concerning all these illes, takeing them in their owne order as they come in mynd, so farr as memorie can serve; and for our pairt we have been about to remead them according to the order of the Kirk, so farr as we could, and will doe what we can farther, as becomes the Assembly of the Kirk, to goe in that same course; and we have to crave not only that his Majestie may be satisfied concerning our proceedings, but that he would confirme by the civile sanction, that His Majestie and your Grace shall find to be according to the rule of religion and the word of God, and nothing else purpose we to crave, nor have we intendit, but are perswaded in our consciences such, and for which we are readie to give reasons when we are requyred. In particular, the causes of the grievances that we have had, and which we have beene about to repair, according to the constitution and ordinances of the Kirk, are—

First, the want of Generall Assemblies yearlie and oftener, _pro re nata_, as the necessitie of the Kirk did requyre, which, when we had, was a verie fair benefite both from God and from the State; for therein all disorders were freilie spocken of, and when they were withholden, its knowne by whose procurement, even these that wrought ws much more griefe, that they might worke the rest contrare to the constitutions of this Kirk and order of the Booke of Policie and Act of Parliament 1592. That is one of our grievances.

Secondlie, Another is, that there has beene keiped and authorized some other Assemblies, that [were] both of wrong constitutions, and did bring innovations contrare to the order established in this Church and Kingdome—namelie, Assemblies at Linlithgow, Glasgow, Aberdeine, St Androwes, Perthe; and

The third cause, as I remember, is, that the Kirk hes bein prest with the Five Articles of Perthe, and no small griefe brought these to the subjects which their consciences was thralled to doe. These thinges they knew, and we have found to be contrare to the Confession of our Faith; and

The fourth is, that we have beine prest (which also your Grace will remember) with a Service Booke, Booke of Cannons, and High Commission—the Service Booke, not only for the frame of it being Popishe, drawing us away from the spiritual maner of serving our Lord, wherein everie man should speake to God according to his present neid and sense, and not to be tyed and speake he wotes not what, but, besides, the containing many seids of idolatrie and grosse superstition: the Booke of Cannons, appoynting offices that God never ordained to be thrust into the house of God, contrare to this State, and raising up a tirranie in Prelats that is unsupportable either by reason or any other way: and the High Commission, confounding judicatories, and putting the keyes of the Kingdome of Heaven in their hands, who had no power, nor any ecclesiastick office, and againe putting the civile sword in the hands of Ministers that had no interest thereunto; God having so distinguisht judicatories, giving everie man his oune imployment and gifts for it, that his Kingdome should be no prejudice to the Commonwealth, and hes furnisht the Nobles, and everie member of the State, so weill, as they need not begg a Kirkman from his booke to helpe them. Beside this ill, there is the breach of our Nationall Covenant with God, and not walking holilie and tenderlie aocording to the same, and did not see the consequence of what, for the present, seemed little: the not taking head unto it tymouslie hes put us in this bussinesse, which is now weill enough knowne.

Sixthlie, In particular, there is this Episcopall Governement crupten in slilie, and erected without order of law, besides the Word of God, contrare the Confession of Faith and Constitutions of this Kirk, from the beginning, and the intention and meaning of the Kirk from the Reformation, who went about alwayes stryving that Kirkmen should be keeped at their booke and their Masters service, and not stryving who should be first and highest up in Court, but who should be most godlie, most honest, and gaine moniest soules unto God, and so keip their reward till they and their Master meit.

A seventh is, The civile places of the Kirkmen—their usurpation in Assemblies as they were Lords, whereas all kynd of Lordshipps is cutt off from Ministers of his house; for he hes appointed in his house to be only a ministrie, for that is the difference betweene his Spirituall Kingdome in the subordination of the Temporall. In the ane, all the officers are Ministers; in the other, the officers are Kings, Lords, &c.

These are the Spirituall evills which, being contrare to the Word of God, the Constitutions of this Kirk, and the Confession of Faith, what wonder they greive all honest men who hes no consolation in this world, but the hope of another? And, therefore, are they readie to exposse themselves to any trouble under heaven before they quyte a poynt of their Masters honour. These are the maine causes and reasons of our setting ourselves against them; and, for our proceeding against them, we are here readie to give satisfaction to your Grace, as it shall be your Graces pleasour to choppe at particulars. And, as concerning the last poynt, touching His Majesties honour, recommended to ws by your Grace, we may speake tenderlie of as becomes us. It is our duetie, and we professe it, and take God to witnesse, that we make conscience in our secrete thoughts, to honour His Majestie; for we know our religion cannot endure civile Magistrats to get any wrong; for in wronging of him we wrong Him that sent him, and cledd him with power, and sett him on his throne; and so we are so farre from not following of that, that in privat and secrete we professe that we darre not but make conscience of it. No, no; religion gives them their owne but ours, for Popperie toppes them over: but doe one thing to ws. Let us give Christ the highest roume, and nothing that may honour or pleasure Kings, but we shall altogither doune at their feete with it.

The Commissioner answered—I told yow, Sir, that I did so speake as that it might suffer corrections, and did remember very shortly the causes of our distractions, and I should wishe them never to be remembered without great thankfulnes to God and the King for freeing us of them; yea, I wishe everie thing that hes brought thinges to that height of divisions amongst ourselves might be forgotten. Neither yet, in my last speach, did I give my opinion and advice, out of doubting of the performance of what I wished; for I am confident, when we rightlie consider the cariage of this bussines, and his Majesties goodnes beyond our expectation, it shall be ane argument to move us to repay the same with thanksgiving. I told yow, as I remember, that the Kings Majestie, upon the frequent Petitions of his Subjects, conceaved such and such thinges to be the occasion of the illes, and of all that had followed on them; and, therefore upon our desires, concluded that this Assembly should be keept at this tyme, to the end it might be rightlie considered whether or not these illes were the occasions of these thinges that have fallen furth, as was pretended by the Supplications of the Subjects.

The Moderatour answered—Please your Grace: We have considered, and maturelie considered, and done our younemost for clearing [that] thir our grieveances were justlie against all these, and nothing els; and here we are readie to give satisfaction to all who doubts it.

The Commissioner answered—Truelie, I should be desyrous to be satisfied in some particulars, if it might not possiblie breid ane opinion in some that I should take upon me to dispute or argue with such learned men as I know would appeare if I should take upon me so to doe, as if I desire Episcopacie, so oft alleadged to be against the constitutions of this Kirk, to be cleired to be so. I believe ye shall not thinke me so presumptuous as to take upon me to dispute the matter; but to the end I may represent to my Master the reasons of it, and receave satisfaction my selfe.

The Moderatour answered—Your Graces abilitie to dispute in all such subjects is knowne sufficientlie; but it shall be verie acceptable unto us that your Grace, and especiallie as his Majesties Commissioner, shall propone all your doubts to us, that we may solve them: for we have said or done nothing but what may well byde the light, and we are able to convince, in reason, a reasonable man, such as your Grace is; and here, in a manner, are verie confident that the more we be put to give our reasons, the clearer our cause shall be, and we shall be able to give the more satisfaction.

The Commissioner answered—Yow have heard, and I believe your conceptions may be more particular then myne; but I believe myne differs not much from yours—_first_, in that it is supponed by the subjects to be the occasion of thir divisions and distractions; _secondlie_ neither doe we differ much about the cause of indiction of this Assemblie, which is to remove these evilles; and since yow and I agrie in thir two, I would represent to your consideration, in the _third_ place, what shall be the readiest way to give my Master satisfaction, whose desire is that these thinges being represented unto him, ye shall either find that these are the true causes, and so ought to be removed, or uther wayes a mistake, and so ought to remaine. If the true causes, and so ought to be removed, he expects a reason of all—as, for example, if ye find Episcopacie to be a true greevance and cause of offence, and therefore to be removed—if ye conclude this, ye will give a reason of all, and make it appeare to my Master to be the constitutions of this Kirk.

The Moderatour said—For removing of all thir evills, whereof ye have spocken, there is a necessitie of the concurrence of our Lord Jesus Christ in the Kirk, and of his Vicegerent in the State; and when thir two concurres, our evills shall be perfectlie cured; and if not, there will remaine a jarre now—the ane pairt being done so farre as we weak churchmen could do ministeriallie. That your Grace, as his Majesties Commissioner, may concurre with us, will be unto us verie comfortable; and for that end we are willing to give satisfaction to your Grace, and to shew that, from the first constitution of this Church, her ayme hes alwayes bein to hold out that wicked weed of Episcopacie, knowing that it was the ground of all Popprie; and in it did sitt, as in a nest, all the evils that hes overspread the face of this Kirk; and as ill weeds waxes verie weel, so from this root hes growen up many poysonable branches that hes troubled the Church of God, becaus Christ Jesus, being King of this Kirke, and having the statelie appointment of the government thereof, if anything be out of frame in that, it troubles the whole estate. For this cause, the Church, from the beginning hes laboured still to cutt it downe; and becaus I have rudelie exprest my rude conception, it will please some reverend brother to speake somewhat further.

Mr Alexʳ Hendersone said—I conceave it not neidfull to adde to your Grace’s speache, which the Moderatour hes seconded verie pertinentlie; for it seemes to be incumbent, that the supreme magistrat, when, in the churches of his dominions, any questions shall arise in matters of religion, whither it hath bein determinat before, that those that have power in Assemblies, are bound not onlie to take the same to their consideration, but also to receave in reverence his Majesties doubts, and give him satisfaction, that they and auctoritie may joyne together, the one directing and the other confirming. I thinke it out of question in the judgement of all that are acquainted with the governement of the Church, that there be two sortes of church governement. One is Christian and Apostolic by the Assemblies of the Church; the other is Episcopal governement. And I verilie thinke so farre as ever I learned, that our Church, from the beginning, had a intention to establishe the governement by Assemblies, and did prosecute it with great zeale; yet it is also evident by the ecclesiasticall historie, that the Church hath been still vexed with Episcopacie; for some Popish Bishops, renouncing Poperie, would have bein Bishops still; and I think it was more out of a desire to brooke the livings than to advance that office. First, they wer Superintendents, who got commission for visitation; and its knowne that Superintendents were no Bishops, and what reall difference was betweene them. And it is also knowne that they did neglect their function, and not good with it. Another sort of Prelats that were, or rather supposed Bishops, who brooked the benefic, but not the office, and these were called Tulchan Bishops. A third sort came in afterwards by being Commissioners to Parliament, and voters, and then ascended to that height that ye yourselves are witnesses unto. They entered as foxes, raigne as lions, and I wish they may die as Christians. Now for the warrands of this Church against this Episcopall function. I hope these that are acquainted with the registers of the Church will find them cleare; and if your Grace doubt of the auctoritie of them, we thanke God that we have this occasion to give your Grace satisfaction.

The Moderatour craved libertie to expone what was meant by Tulchan Bishops. It was a Scotts word, used in their commoun language. When a kow will not let doune her milk, they stappe the calfes skin full of strae, and setts downe before the kow, and that was called a Tulchan. So these Bishops brookeing the title and the benefice without the office, they wist not what name to give them, and so they called them Tulchan Bishops—(at which the Assembly laughing heartilie)—The Moderatour said—Their follies were worthie to be laughen at in this Generall Assembly.

Mr Andro Ramsay being desired to speake, said—That which hath the begining of it from man and is of humane institution—that which hath beene destructive of the discipline of the Kirk—that which hath beene introductorie of Poperie, superstition, and idolatrie, and antichristianisme, and the barr of all good reformation,—justlie for thir reasones ought to be cast out of this Church; but I am able to qualifie that Episcopacie is such: therefore, for these reasons, it ought to be cast out of the Church, and can never come in againe.

The Commissioner declaired that he was not desirous that they should fall upon any scholastic dispute. It was only to represent to their consideration how farre these that have gone before us in the reformation, hath found it contrare to the constitution of this Church, that hath ever beine the ground of all your Petitions.

In reading of the Acts, it was questioned whither the Clerk should begin at the year 1560 or at the year 1580.

The Commissioner said—It seemes that this worke have had its beginning from the 1560 year of God, and hath had a continuall progresse ane way or other ever since; and I believe Mr Archbald [Johnston the Clerk] is not so ill versed, but without much looking on his booke he could deduce all the Acts either the one way or the other.

The Earle of Argyle urged that, becaus the Confession of Faith was at first subscribed 1580, they would begin at that tyme.

My Lord Lowdoun said—It is true that Act in 1580 is the maine Act against Episcopacie, yet becaus there is a word in it, “as it was then used,” &c.: therefore the case of it as it was then used, would be made cleare in the preceiding years 1560, 1575, 1576, 1577, 1578, &c.; for in all these yeares, Episcopacie came still under consideration: first, before they came to the office itselfe, they came to the corruptions of it, ane whereof was—they assumed to themselves titles and dignities: secondlie, they meddled with civile places: thirdlie, they usurped power and præ-eminencie over their brethren: fourthlie, they confounded offices civill and ecclesiasticall: fifthlie, that they had more rents then was competent to churchmen, and was only imployed for their owne pompe and grandour. All thir at that tyme were corruptions; whatever was above a pastor over a particular flock—so that being condemned in the 1580, the compairing of it with the anterior Acts makes it cleare, and so it is follie for men to object that that Act against Episcopacie was but only against that dependencie that it had from the Pope: for its cleare that they call ane Protestant Bishope, above a pastor of a particular flocke was chapped at: and take this from them and let them sie what remaines of that office? Then when it was condemned out of the Church of Scotland as having nothing adoe there—as wanting warrand from the Word of God, in place of it, with consent of auctoritie, Presbyteriall governement was sett downe; and [in one] of the last Acts of ane and the same Assembly 1581—“whither there was a totall abolition of Bishops in the Assembly at Dundee, 1580”—the Assembly answered, that both the name and office was totallie abolished, and then the Presbyteriall governement put in the place of it, and the discipline sworne unto, wherein is clearlie sett downe what offices was esteemed lawfull; whereof Episcopacie is none, but immediatelie before condemned: so that the connexion between 1574, 1581, is so cleare, when the ane is put out as wanting warrand from the Word, and the other put in as having warrand, and that discipline sworne unto—that I thinke there is many here would be glad of ane occasion to cleare the matter by dispute to your Graces satisfaction. And becaus his Majestie was not pleased, at our last happie meeting with him, to approve some of our proceedings, it is very good reason these grounds be cleared againe, that we may be that happie as to have the civile sanction added unto it; and, on the other hand, that it be all our cares, with that loyaltie and duetie that becomes us, and all tender respect to our Kings Majesties honour, but to mantaine the same as farr as the cheefest of these parasites that speakes his Majestie so fair.

Mr Alexʳ Henrysone read a testimony out of ane Epistle of Bezaes, written to Mr Lennox, dated July 12, 1572, testifying that not only was Episcopacie put out of this Kirk, but knowene to all the world to be soe.

The Commissioner said—I intend not to presse any thing but in that way that shall be satisfactorie to all; yet there are some rockes and difficulties wherein possiblie our Masters name is ingaged, and I wishe we may take notice of these, and stryve to come by them.

The Moderatour answered—Your Graces expression is verie good; but becaus they that know not these rockes well, cannot saill by them; if your Grace should be pleased to specifie these rockes, we should endeavour to hold off them.

The Commissioner answered—I desire, so much charitie of them that heares me, as to believe that I may heare, and possibly have heard, some thinges of that consequence that they toutch my instructions verie farre—not for what may concerne the bussines; therefore, I should wishe we should rather seeme to misken some thinges, rather then toutching them, to make unnecessary disputes. I conceave we desire nothing but peace and trueth: therefore let us take a course to establishe these two, and whatever may hinder these, I take to be the rockes. I have so good and charitable opinion of some men, that I would yet wishe thinges were prepaired by them in privat, for [fear of] mistakes; for some thinges may very possiblie escape some men here that I cannot sit heir but make answer in a way that I have not as yet. I desired yesterday to speake with the Moderatour, and I believe he understands me and I him better then we did; and, therefore, I say over againe, for feare of mistakes, I should wishe that everie thing [be] now prepaired and consulted betwixt me and the Moderatour, with some other wise and honourable Members of the Assembly, and not proponed in publict till it were thus prepaired.

The Moderatour answered—If it might please your Grace, so farr as I conceave, there needed no preparation, but only the expression of it by a mouth that well can, such as your Grace is.

The Commissioner answered—I shall but represent to your consideration, if God may blesse this meeting with so happie a conclusion—and I thinke there is no Christian but they will think it happie to see King and People goe all one way—that the Kings Commissioner, by the warrand he hath from his Master, sitt here to the end of this meeting, and consent to everie thing shall be done in it; and in the Parliament, to adde the civile sanction unto it. I take it to be granted as all our desires; if, then, we can light upon the way how to make it evident by reason, that these particulars which I have bluntlie and rudelie expressed, our Master hath conceaved, the Moderatour farre better expressed to be the true causes of all our greevances; if, I say, we can light upon such Acts and Constitutions as may serve us in this, I thinke there is no more to be done. I desire and hopes it shall offend none, that I conjure yow, everie one in your stations, Nobles, Peires, and worthies of the land, and yow of the Ministrie—if it be lawful to conjure such a reverend company—to take to heart, that the king will doe all that may secure us of our feares. Only let us be tender of his Majesties honour, and not make unnecessarie breakes, nor marre that thankes that is due to him. Lett us not put him to it in shaddowes, for we shall have the substance.

Argyle said—For the affection and desire of this honourable Assembly, to give his Majestie all satisfaction, your Grace needs not to call in question; and for eschewing any rocke in clearing the Constitutions of the Kirk, lett the clerk be charged upon his fidelitie to his Master, that he read nothing but what is contained in the Acts, and in the Confession of Faith.

The Commissioner urged that all further medling with it might onlie be delayed till 4 a clocke in the afternoone.

Lowdoun said—Delayes are verie unpleasant; and, in suspitious mynds, breeds many jealousies; yet becaus it is ane cause of the meeting of this full and free Assemblie, to give full satisfaction to our Kings Majestie, it seems very reasonable that we take some tyme to agrie upon the best way it may be done, that both his Majestie may be best contented, and in such a way as it derogat nothing from the liberties of the Kirk.

The Commissioner said—The gravitie of this bussines we are about, should not, I thinke, stand upon dayes, farre lesse houres.

It was condescended by the members of the Assembly, that till 4 a clocke in the afternoone should be spent in consultation in the great Kirk among the Commissioners, of the best meanes how the Kings Majestie should get best satisfaction of all their proceedings, and with all the liberties of the Kirk preserved.

The Clerk produced ane of the bookes of the Assembly, which he had gotten from Mr John Rigg, and desired that it might be cognosced upon, whether it wer authentick. The Kings Advocat declaired that he had perused the booke, and knew it to be Grayes hand writt, becaus that same subscription is at divers of his extracts.

To meet at 4 a clocke.

Sess. 5.—At 4 a clocke in the afternoone.

_Episcopacie proved unlawfull, with the Service Booke, Booke of Cannons, &c._

After prayer the Moderatour said—Please your Grace, I was useing diligence in searching out wayes how to behave ourselves, and finds all peaceablie and modestlie disposed; and when we had thought upon all mids, we could sie nane, but that way onlie of his Majesties justice and goodnes, which pleaseth his Majestie to walk in. It is knowne that his Majestie refused to authorize our controverted Assembly at Glasgow, neither can we urge the same, seeing his Majestie hes not gotten cleernes, and is not here personallie present to receave satisfaction, we can urge no farther. Againe his Majestie, out of that justice, did not urge his subjects to passe from that Assembly, becaus he knew they were tyed by so many bands; and soe we resolve to walke through betweene thir two rockes as circumspectlie as we can, and not toutching any of them, but keepe our distance betwixt both; and, therefore, I expect that this whole Assembly to walke verie tenderlie in so great a bussines that concernes the great honour of our great and graceous King JESUS, and the tender honour of our good and graceous King Charles.

The Commissioner said—These rockes that I have feared, yow have discovered, and yow are best able to go by them.

The Moderatour answered—I hope we are neare by the straites of them.

The Clerk proceeded to the reading of the Constitutions of the Kirk, beginning at the year 1575 and so furth.

The Clerk said—Please your Grace, thir two goes on still togither; some Acts against Episcopacie, and other Acts, establishing the Booke of Policie, wherein not only Episcopacie is abjured, but the governement of the Kirk by four office-bearers, Pastors, Doctors, Elders, and Deacons, sworne unto; and so furth continouallie, from the 1575 to the 1579. And the Booke of Policie is established. There are about 9 or 10 Assemblies conveened, onlie for the treating of the policie of the Kirk; and when they conveened they appoynted that the articles that were to be dispute at the next Assembly, should be dispute in every Presbyterie and Kirk-Session, that when they came to the next Assembly they might come with the better advysement. And, as he was proceeding in reading,

The Commissioners Grace said he was satisfied to the full, and, therefore, he needit not proceed any further.

The Moderatour said—Your Grace sees how undeservedlie we are calumniat, and what good grounds we had for all our proceedings at Glasgow.

The Commissioner said—I wishe we may proceid weill now, and that all our actions be such as may anwer for themselves.

The Clerk proceided on in the reading.

The Commissioner desired that all these evills that were the grievances might be voiced together, and included under one Act, which the Assembly acquiesced unto.

The names of these that were to preach on the Sabbath, &c.

Sess. 6.—August 16. _Hora nona._

After prayer, the Moderatour asked if the Commissioners Grace had anything to say concerning these seven evilles, that hath so greatlie troubled this Kirk, which have bein represented unto your Grace.

The Commissioner answered—I was desirous that yow, with some of your brethren, should take the paines to come to me yesternight, that so we might conceave a way how to order our carriage, that, both in voicing and conceaving of the Acts, it might be so done as I might be satisfied, and my Master also, wherein I fand a great deale of satisfactione. The first thing which yow offered to your consideration, to be the occasion of these illes, was Episcopacie. My Master was pleased at the Campe to say so far, that if it could be made appeare to him, (notwithstanding of his owne inclination and opinion, which his breeding and the Kirk of Scotland [England] doth possiblie give him of Episcopacie,) by the Assembly of the Kirk, that it was contrare to the Constitutions of this Church, he commanded me, not only to concurre with yow, but to doe all that could be expected from so good and graceous a King, both by my consenting to it, and ratifieing it in Parliament. I was desirous that course might be taken, how all our proceedings might be grounded upon reason; and upon this ye were pleased to cause read the Constitutions of the Kirk, and I, by the Clerks paines, and uther helpes that I have gotten, and by that that passed amongst ws yesterday in privat, am satisfied, and I believe ye know all, what conclusion I would make—that I desire to be taken _pro confesso:_ onlie I did represent to their consideration, whether they should be conceaved all in one Act, or to voice them severallie.

The Moderatour said—There can be no questiones amongst us who would eschue the rockes we spock of yesterday; but it will be satisfactorie unto us if there be one Act past heir and ratified in Parliament, and this, as we conceave, will be the best way to keepe us off rockes.

The Moderatour desired the Clerk to proceed in reading the rest of the Acts and Constitutions of the Church.

The Commissioner answered—It is not necessary for yow to proceed any further, except it be for the satisfactione of some of yourselves, for I tell yow I am satisfied; and, in his Majesties name, will consent to the Act against these things.

The Moderatour said—We acknowledge his Majesties bountie and goodnes in so doing. We desyre to give declaration of our reasonable desires and proceedings, that it may be seene all is granted to us for these reasons. Therefore it is expedient that all our reasons and grounds to proceed against these evills be read and make manifest.

The Commissioner said—When we shall consider of thir thinges that were established by law—when we shall consider that some of them were practised in his Majesties fathers tyme, a wise and religious Prince, and never questioned till now—I hope it shall move us to thinke more of his Majesties goodnes, who hes a greater care of our contentment then we could have expected.

The Clerk proceedit in reading the Reasons and Acts against the Fyve Articles.

The Moderatour said—Your Grace hes heard the reasons; and as we desire to rander to his Majestie, humble and heartie thankes for dischargeing these illes, so we desire that these reasons and grounds of our lawfull proceedings may be showen to his Majestie, that it may be made evident to his Majestie and to all the world, that we have beene very reasonable in all our proceedings, and especiallie at Glasgow, which they have so much traduced to his Majestie.

Sessio. 7.—[August 17.]

After prayer, the Clerk proceidit in reading the reasons of the nullities of the six late pretendit Assemblies, which was confirmed by the testimony of many old and reverend men in the ministerie, who had beene at these Assemblies, standing up and testifieing the same; likewise the reasons for condemning the Service Booke, Booke of Cannons, Booke of Ordination, and High Commission, were publictlie red.

The Commissioner still urged that it was not neidful to read more, except it were for the satisfaction of some of their owne number. It was answered, the Assemblie did esteeme themselves bound of duetie to make knowne the reasons of all their proceedings for the satisfaction of his Majestie. After all were read,

The Moderatour said—We have now cleared sufficientlie the reasons of all our proceedings, trusting that your Grace will signifie the same to his Majestie; and desires likewise that the civile sanction may be added to it; and, therefore, that we may conclude somewhat, it seemes necessar that so much as is bygone may be drawne up in ane Act. The Assembly, with consent of the Commissioners Grace, appoynted a Committie to goe about the frameing of the Act, that when it came before the Assembly it might be put to voiceing with all diligence; namely, _Ministers_—Masters Andro Ramsay, Harry Rollock, James Bonar, Andro Cant, Robert Blair, David Lindsay, Robert Douglas; _Nobles_—Cassiles, Lowthiane, Balmerino, Lowdoun; _Barrons_—Cavers, Auldbar, Keir; _Burgesses_—John Smith in Edinburgh, Provost of Dundie—to meit at the Clerks Chamber, after the dissolving of the Assembly, about the frameing of the Act.

The Commissioner desired their way of conceaving it might be showen to him, that he might come the better prepaired against the morrow; further, craved libertie of the Assemblie, to depairt for that night for some important affaires, in respect there was nothing materiall to be handlit that night, and the Assembly might spend an houre or two in hearing of some particular billes without him, and promised to returne tomorrow at 9 a clocke.

_Imprimis_, presented to the Assembly a Suplication from the toune of Leith for the transportation of Mr James Scharpe, minister at Govan in the Presbitrie of Glasgow, to the Kirk of Leith, vacant through the deposition of Mr William Wischart. The Assemblie referred the bille to the Presbitrie of Glasgow, to consider till the morne.

A Supplication from Air for transportation of Mr Joⁿ Fergushill to Air; for the transportation of Mr Robert Blair to St Androwes. Becaus of Mr Johnes unwillingnes, he was ordained to prepair his reasons against another Session.

A Supplication from the Universitie, Presbitrie, and Toune of Glasgow for the transportation of Mr David Dicksone, present Moderatour, from Irwing to Glasgow; and because there was ane hote contestation like to arise thereabout, between the Commissioners of Irwing with my Lord Eglintoune, and the Commissioners of Glasgow, the Assembly appoynted a committie for hearing of both parties, my Lord Argyle, Mr James Bonar, James Hamiltoun, Robert Blair, John Home, Samuell Rutherfuird.

The Assemblie appoynted a committee for considering of overtures to be given in to the Assembly; viz., _Ministers_—Mr Robert Murrey, &c.; _Nobles_—Yester; _Barrones_—Auldbar, &c.; _Burrowes_—Clerk of Dundie, &c., to meit at Kinghornes house, to morrow, at two afternoone, for the overtures: And so, after thanksgiving, the Assembly dissolved.

Sessio 8.—_Hora nona._ August 17—_die Saturniæ._

After incalling upon the name of God, there was a letter presented to the Assembly from the some tyme pretendit Bishop of Orkney, testifieing his repentance and dimission of that pretendit office. The tenour followes, [vide Acts, p. 204]:—

After the reading of the said recantation, the Moderatour thanked God who had extorted a testimony out of the mouth of a man who once was ane overseer, &c. I wishe all the rest might take the lyke course.

The Moderatour said—Your Grace remembers that there were appoynted a number of Ministers, with some other worthie members of this Assemblie, upon a Committie for frameing of ane Act upon these thinges that went before in this Assembly, wherein such paines have bein taken as we trust now all the scruples of all the members of the Assembly shall be removed, that so they may behave themselves in every thing incumbent to them as good Christians and good subjects, and we hope to have the consent of the Commissioners Grace to what we doe heir; becaus his Grace hath heard, being a man of understanding, the equitie of our cause, and hath warrand from His Majestie that what he shall find right and reasonable in this Assemblie to give his assent unto it here, and to ratifie it in His Majesties name in the insuing Parliament.

Mr Andro Cant, having a strong voice, was desired to read the Act, the tenor whereof followes—[vide Act, p. 204]:—

After the reading of the said Act, the Moderatour desired Mr Alexʳ Hendersone to speake his judgment of it.