Chapter XXXIV: Act 131: , Par. 8, K. Ja. 6, and the subjects’ liberties, who ought (31)

Mr Alexʳ answered—I will not make any discourse, but only tell my owne particular judgment, and I would wishe that anie here who hes any scruples concerning the Act, that they would propone them; for I love rather to satisfie any mans doubts of it, than to fall in any other discourse at this tyme. And for my selfe, it is alse joyfull a day as ever I was witnesse unto, and I hope we shall feede upon the sweit fruites heirafter.

Mr Andro Ramsay being desired to speake, said—I am fullie satisfied, and hes no doubts but ane, that we come short of thanksgiving to our God.

Mr Alexʳ Somervell, desired to give his judgment, said—I cannot testifie the joy that the hearing of that Act breids in my soule. My heart so abounds with it when I consider the former griefes and troubles of this poore Kirk, and what a gracious change is now come in, and albeit some heir have some unnecessar scruples, I thinke they have reason to tredd upon them; and in respect they heare the matter so well concluded, and such a comfortable successe likelie to follow, it may make us all ashamed to entirtaine scruples, but rather studie to randar thankes to our gracious Lord, and wishe all happinesse to King Charles.

Mr Hary Rollock, being next called upon, said—There is nothing left for me to say; only I thinke surely we may reckon ourselves to be like these that dreame; for who would have thought within these few yeares to have heard in any convention of the Kirk of Scotland, such ane Act as this so publictlie read, and hopefull to be made a law in the Church: and these that knowes the difficulties that this poore Church hes laboured under, may justlie in this respect, thinke this day a beginning of joyfull dayes, and I am confident that all that hes ane tender eye to the good of this Church, are wakened with a sweet sunschyne day, above the darke cludy dayes that past before: and I hope all of us shall studie to testifie our thankfulnes to God, and to acknowledge the goodnes of our gracious King, who is pleased to witnes himselfe so loving to his subjects.

Old Mr John Row next called upon, with teares, said—I blesse, I glorifie, I magnifie the God of heaven and earth, that hes pittied this poore Church, and given us such matter of joy and consolation; and the Lord make us thankfull, first to our graceous and loving God, and next obedient subjects to his Majestie, and to thank his Majesties Commissioner for his owne part.

Old Mr John Ker said—I thanke the Lord who hes removed our evilles and feares, and with my heart acknowledges his Majesties goodnes, and gives thankes to his Majesties Commissioner.

Mr James Martine, called on, said—I doe acknowledge that wonderfull hes beine the love and care of God towards this poore kirk and land, and that all of us had enlarged hearts for praise, and open mouthes to expresse the joy of our heart.

The Moderatour said—Our joy is not yet full; but I hope, ere this Assembly close, our joy shall be more perfect.

Mr John Weymes, called on, could scarce get a word spocken for teares trickling doune along his gray haires, like droppes of rain or dew upon the toppe of the tender grasse, and yet withall smylling for joy, said—I doe remember when the Kirk of Scotland had a beautifull face. I remember since there was a great power and life accompanying the ordinances of God, and a wonderfull worke of operation upon the hearts of people. This my eyes did see—a fearfull defection after, procured by our sinnes; and no more did I wishe, before my eyes were closed, but to have seene such a beautifull day, and that under the conduct and favour of our Kings Majestie. Blessed for ever more be our Lord and King Jesus; and the blessing of God be upon his Majestie, and the Lord make us thankfull!

The Moderatour said—I believe the Kings Majestie made never the heart of any so blythe in giving them a bishoprick, as he hes made the heart of that reverend man joyfull in putting them away; and I am persuaded if his Majestie saw you shedding teares for blythnes, he should have more pleasure in yow, nor in some of these that he hes given great thinges unto.

Old Mr John Bell in Glasgow said—My voice nor my tongue cannot expresse the joy of my heart to see this torne downe Kirk restoired to her beautie. The Lord make us thankfull! Lord blesse his Majestie and Commissioner! Alace! nothing is inlaiking but thankefullnes.

Old Mr Wᵐ Livingston being called on said—I thinke of the many corrupt Assemblies that hath biene in this Church since the Reformation, I have [not] beene absent for fear of them, except when I was confyned. I saw them and the corruptions of them; and when I consider of them within this thrie year, I would have beene content to have crupten on my knies to Aberdene, to have seene such an Assembly as this. And now I have seene it, and blesses the Lord for it, and begges the blessings from heaven upon our graceous Soveraigne.

The Moderatour said—Would God the Kings Majestie had a pairt of our joy that we have this day!

The Moderatour desired if any of the Assembly had any scruple to propone, they would now doe it before the matter come to voiceing. Further, he asked the Commissioners Grace if he had anything to say, or any scruple to propone before voiceing.

The Commissioner answered—I sall only, before I give my voice, desire this Assembly to remember the courses of all this bussinesse, as I have somewhat confusedly exprest before; and I believe my way of expression gives some ground of jealousies. I told you that notwithstanding my Masters oune inclination and breeding in a church where Episcopall government is allowed, yet such is his care to satisfie the desire of all his good subjects, that he hes indicted this free Assemblie where this is to be considered of; and if it be found by this Assemblie to be such as hath beene expressed in your petitions, papers, and utherwayes, I am commanded to give my consent to the Act of this Assembly against it: and, therefore, my voice must be speired last, though I may read in all your faces, and by the speaches of these reverend men, what shall be the voice of the Assemblie.

Mr Alexʳ Henrysone said—Becaus Generall Assemblies are expresst in the Act, but not Provinciall or Presbyteriall, therefore the Commissioners Grace would declair his consent unto these; to which the Commissioner acquiesced.

The rolles were called, and it was desyred that the word should be “agries,” or “disagries” to the Act.

Mr Alexʳ Kerse, being first called on, said—How unreasonable this unluckie bird of Episcopacie is to be brought doune, and here to be slaughtered, is not necessar to give epithets unto, if we will but consider that the four Bishops (if we may call them lawfullie) established in this kingdome, which are full of abilitie and power, and nothing can escape them! We have our Church Sessions, Presbitries, Synodall Assemblies, and such a famous Generall Assembly as this, that may be sufficient to prove and show the experience of this Government that now happilie is to be fullie established in this kingdome; for there [is] not so much as a little cockle or darnell of perverse or hereticall doctrine that shall spring up but presentlie it shall be cutt doune, and trodd at under, according to the saying, _vitium convocationis in tribus, digentur in quarto_, which is true heir; and, if it escape two or thrie, it shall not misse the fourth. If it shall happen to escape Sessions, Presbytries, and Synodall Assemblies, it will happilie be digested and concocted in such a famous Assemblie as this; and now happilie these poisonable weeds that have oppressed the stomach of this Kirk are now to be spued out: and here, for this poynt, I give this Episcopacie an _eternum vale_! As for the Articles of Perth, and these pretended Assemblies, they are dead it is true, and appearandlie this is the day of their buriall. I am sorie they should have gotten such a fair day lent. For me, I mynd to give them no funerall sermon. But there is ane thing Solomon tells us, “I have seene the wicked dead, and rise again.” We have need, verilie, to hold them doune, that they revive no againe. As for the Service Booke, it condemns itselfe. It carries the Anti-Christian markes, and a reall practising of that which the Jesuits doth preach; and, (being interrupted, he said,) therefore I abjure it, and agries to the Act.

All the rest of the Assembly, in ane voice, (not ane contrare,) did approve and agrie unto the Act.

The Commissioner being desired to give his voice, said—I believe, for formes sake, I may give it, but materiallie I have given it alreadie. I have often told you that my Masters pleasure was, that Episcopacie should be found by this Assembly to be such as they had alledged in their petitions and papers, (which is now unanimouslie found by this Assemblie to be such,) that I should both consent unto and ratifie the same. And I shall neid to say no more in this. But if there hes bein any jealousies or feares, I hope now they shall be removed; and it becomes yow best, who are of the Ministerie, to remove them; and not only to make your people sensible of his Majesties goodnes, to render to him his due thankes—I meane the humane part of it; for the praise is due to God, who hes so disposed of his heart, and it is his oune act and goodnes: yet, when we consider our Masters inclination and breeding, I hope we shall thinke the lesse tho’ we find greater difficulties then we could have wished againe these that have beene his Majesties good informers and instruments in working of this worke, we must not forget them, but think that we owe them a great deall of thankes. If any thinke that I conceave any of this due to me, I protest nothing at all, for I act nothing but the part of an echo, and this imployment came upon me by my Lord Hamiltons worke; and if ye knew what I know him to have beene—a faithfull, carefull, and painfull agent in this busines. I speake it not to derogat from my Masters thankes, but that every instrument should have their aune acknowledgement: and for my voice, I approve the Act.

The Moderatour said—We blesse the Lord, and thanke King Charles, and doe pray for the prosperitie of his throne, and constancie of it, so long as the Sun and Moone indures; and thankes be to all good instruments! And since your Grace is pleased to name the Marquis of Hamilton as a speciall instrument, we are glad—looking upon him as a man standing on a steeple head on his on foote betweene his misinformed Master and his native Countrie—to give him a favourable construction. I am confident that this dayes worke hath made the impression of his Majesties goodnes, who hath come over his oune birth and breeding, to give his subjects contentment, so deeplie to be rooted and stamped, that it shall not easillie be taken out of our hearts againe. And I expect yow all, according to the place ye have put upon me, especiallie yow of the Ministrie, to doe your best in giving evidence of your good service to God in furthering of the Kings subjects to thinke, speake, and cary furth affection towards him, and as he deserves at our hand. And let these that are to preache the morne expresse themselves so duetifullie, that neither the Lord of Heaven want his glorie, nor King Charles his oune due praise, and instruments may have their place, and all may be partakers of our joy; for albeit our joy be not yet full, yet we have conceaved good hopes that ere we sunder it shall be; for the which cause, we will make requeast for your Grace that there be nothing inlaiking which may fulfill our joy.

The names of the Ministers that were to preach [not mentioned.]

To meet on Mononday, at 9 a clocke—_hora nona_.

[Sess. 9—August 19.]

After in calling upon the name of God, there was a Letter produced from the sometyme pretendit Bishop of Dunkell, showing his unfained griefe and sorrow of heart for undertaking that unlawfull office of Episcopacie; and withall most humblie craving pardon of God and the Kirk of Scotland, togither with a formall dimission of that pretendit office; acknowledging the late Generall Assembly at Glasgow, and all the constitutions thereof; swearing never to meddle directlie nor indirectlie with that pretendit office any more; whereof the tenor followes:—

Be it knowen to all men, I, Alexʳ Leslie, Minister at Sᵗ Androwes: Forasmuch as I, by my missive letteris sent by me to the Generall Assembly of the Church of Scotland, holden at Glasgow, the 21 of Novʳ 1638, last bypast, doe frielie submitt myselfe, dimitt, and lay doune at the feete of the said Assemblie, my pretendit office of Episcopacie as pretendit Bishop of Dunkell, and by my Letters promised to subscryve what ample forme of dimission thereanent these Assemblies should prescryve: and now the said reverend Assembly hath found and declaired the said office of Episcopacie, as it hath beene termed and used within the said Church of Scotland, to be abjured by the Confession of Faith of the said Kirk, subscrived in the yeares of God 1580, 1581, and 1590; and, therefore, decerne the said office to be removed out of the said Kirk of Scotland. As also, seeing the said reverend Assembly hath decerned me, according to my said Letter, to subscryve a more ample form of dimission of my said pretendit office, in the presence of Sir John Moncreiffe of that Ilk, Baronet—Mr Robert Murray, Minister of Meffen—Mr John Robertsone, Minister at Perth—Mr Alexʳ Petrie, Minister at Rynd—and Thomas Durhame, Burgess at Perth—Commissioners appoynted by them for that effect: therefore, for performance of my said Letter, and in obedience to the ordinance of the said reverend Assemblie, Witt ye me to have demitted, quytclaimed, and simpliciter overgiven, lykeas I now, in the presence of the said Commissioners, frielie demitt, quytclaime, and simpliciter overgive the foresaid pretendit office of Episcopacie as pretendit Bishop of Dunkell, with the whole title, style, name, and dignitie thereof, power of ordination and jurisdiction, voiceing in Parliament, and all usurpation of the same in tyme coming, and faithfullie promitts, and by these presents binds and oblisse me, never to exerce nor use the said pretendit office in the said Church of Scotland, nor no power of ordination, jurisdiction, voiceing in Parliament, neither any other power ecclesiasticall belonged, usurped, and acclaimed to belong to the said pretendit office; lykeas, according to the Act of the said reverend Assemblie, I acknowledge the said office of Episcopacie to be abjured in the Confession of Faith foresaid: And, therefore, most justlie ought to be removed out of the said Church of Scotland, and the whole premises I heartilie acknowledge, as I shall answer to God at the great day. In testimony whereof, I have subscribed these presents with my hand; likeas, for further securitie, I am content that these presents be insert and registrat in the Generall Bookes of the Assemblie, therein to remaine _ad futuram rei memoriam_. And to that effect Constituts __________________ my lawfull procurators, conjunctlie and severallie, _promitten de rato_, &c. In witnesse whereof, (written be Robert Reidheugh, servant to Patrick Rosse, nottar in Perthe,) I have subscrivit the same with my hand, as said is, at Sᵗ Androwes the 24 of Januar, 1639 yeares, before these witnesses Mr Joⁿ Patersone, and Mr Alexʳ Dundie, Student in Perthe, and George Boiswell, Servitour to the said Sir John Moncreiffe.

A Supplication of the Toune of Edinburgh for transportation of Mr Samuel Rutherfurd, Minister at Anwith, and Mr Robert Douglas, Minister at Kirkcaldie, to Edinburgh, presented in face of the Assemblie; and to eschue all contestations and altercations likelie to arise, (by reason of the violent opposition of the forsaid Ministers, and no lesse violent persute of the foresaid supplicants,) if the same should presentlie have bein taken to the Assemblies consideration, therefore did appoynt a Committie for hearing of the reasons of them both, and prepairing the same for the Assemblie, viz., Ministers: Mr James Bonar, &c.

The Supplication of the Toune of Air for Mr John Fergushill being againe given in to the Assemblie, the Committie was desired to reporte their diligence thereanent. Their answer was, they had heard the parochiners of Uchiltrie, and though they had a great love to their pastor, yet if the Assembly fand that it might conduce much to the good of the publict that he should be transported to Air, they would submitt.

The Commissioner urged that their transportation of Ministers that way might not be prejudiciall to the Patrons right.

Mr James Bonar answered—The stipend of Air was not a benefice but a modified stipend.

My Lord Argyle said—The Assembly may give way to his transportation, and decerne him to be capable thereof.

The Commissioners Grace desired that if the voices of the Assembly were for him to goe to Air, it might be conceaved that they fand the said Mr John capable of transportation, and gife the Patron give his consent, decernes him to be Minister of Air.

Mr Robert Eliots supplication for libertie of transportation, referred back to his Presbitrie.

To meit to morrow at 9 a clocke.

Sess. 10.—August 20. Twysday—_Hora nona._

After prayer, the Supplication of the Toune of Glasgow being againe presented to the Assemblie for the transportation of Mr David Dicksone, present Moderatour, from Irwing to Glasgow, he desired Mr Alexʳ Hendersone to moderat till that parte was discussed, requeasting the Assembly hold their eyes single upon the glorie of God and good of the publict, in respect he had casten the conclusions of his mynd upon the determination of the Assembly.

The Committie appoynted for hearing all reasons and preparing of them for the Assembly, being desired to reporte their diligence, gave in with the reasons of the Toune of Irwing why the said Mr David should not be transported, with the answers of the Towne of Glasgow to these reasons, together with the replyes of the Toune of Irwing to these answers, and the duplyes of the Toune of Glasgow to these replyes—all which, with many other powerfull and persuasive reasons, delyvered by mouth of Mr Robert Barclay and my Lord Eglintoun on the one hand, and the Commissioners of Glasgow and Ministerie on the other hand, being all publictlie read and heard to the full, the matter was putt to voiceing.

Mr Alexʳ Carse, being first in the roll, said—Ye have to consider—_erit judicium, res erit in effectum_. Yet when the affection hath any reasonable centure of judgement, it is dispensable with. What heartie affection we affect that noble Earle who hes interest in our Moderatour—not for any personall or partiall respect, yet in such sort that next unto God who upon the Mount was seene—next unto the Kings Majestie, who made us heare the voice of joy, we owe ourselves to these worthie Nobles; and such by mediation have beene instruments to procure our happinesse. Therefore, for my oune judgement, it were a hard case to remove a tree thus well grounded and faithfull, but keeping it still that it may bring foorth more fruite. Therefore I voice for Irwing.

The roll being called, the voices for Irwing exceeded the voices for Glasgow about the number of 24.

The Committie for Reportes were desired to give in their diligence to the Clerk, that particular notice might be taken of their proceedings.

The Commissioner said—You remember at our first entrie to this Assemblie, we layd all doune a conclusion for eschueing of rockes—to witt—aither the mentioning or prejudging the Assemblie of Glasgow; and I conceave some processes that have been deduced against some Ministers for whom numbers of Supplications are presented to me, that their case may be represented to this Assemblie; for as I desire that these whose cases are so considerable may be taken to heart, so, on the other pairt, whosoever shall be found by this Assembly to deserve such sentences as have beene past against them, I shall consent unto it willinglie: for as I desire to eschue the one rocke, so would I have yow holden off the other. Therefore, I shall represent to your consideration if it shall not be fitt that there be some of this number from all corners of this Kingdome, where thir men live, who hath beene processed, and doth now supplicat; that may meit in privat with me; and it may be, when particulars are considered by us, we fall upon some mids which both may satisfie this Assemblie as eschue such rockes as hitherto we have shuned.

The Assemblie said, this desire of the Commissioners Grace is most reasonable; and therefore did appoynt that the Moderatour or Clerk of everie Commission, or, in their absence some other worthie minister, with a ruleing elder from everie ane of the several Commissions, should meit with the Committie for Reportes, and my Lord Commissioners Grace at Kinghornes lodging.

A committie appoynted for taking up of the names of expectants, vacant churches, and deposed ministers for non conformitie, or holden out for that cause. (_Hic deest._) To meit in the Assembly house at 3 a clocke in the afternoone.

To meit tomorrow at 9 a clocke.

Sess. 11.—_Hora nona_, Wedinsday [Aug. 21.]

The question about the alleadged adulterie of William Guarsone pursued by a minister in the Presbiterie of Penpont, remitted to the Committie for the Billes.

The Supplication of Mr George Hannay, sometyme minister at Torphichen, but suspended for the present by a Commission, for restauration of his place; remitted to the consideration of Mʳ Alexʳ Hendersone, Andro Ramsay, David Lindsey, John Adamsone, Andro Abercrombie, Andro Mill, Andro Wood, Laird of Dundas.

The Toune of Edinburgh, and the Toune and Colledge of Sᵗ Andrewes having presented supplications for the transportation of Mr Samuel Rutherford from Anwith to each of them, after many contestations and altercations, and the reading of the reasons of Aberdeene and Edinburgh, and answers to each of them from other, and the reading of Mr Samuells owne reasons for not transportation at all from Anwith, the said Mr Samuell, by the farr greatest of the voices of the Assembly was ordained to goe to Sᵗ Andrewes to serve in the ministerie, and make such helpes in the Colledge as God shall affoord him abilitie for.

Sessio 12.—To meit at 9 a clock [Aug. 22.]

After prayer, the Moderatour said—We trust that the Assemblie hath a right construction of the lazarlie proceedings of the Assemblie. The Lord was graceous unto ws this last weeke in bringing our privat businesses unto a publict and unanimous conclusion. This weeke, also, hath been spent in prepairing matters for your greater satisfaction. That our proceedings may offend none, but give contentment to all in reasone, we have to doe now with the Reportes; and, becaus the particular cases of them who were processed before the severall Commissions are many, we must put difference betweene the faults and repentance of men, that none may in justice complaine, but that he is dealt justlie and moderatlie withall.

The Commissioner said—I desire that everie thing be rightlie understood, that there be no mistake betwixt his Majestie, or me his servant, and this Assemblie concerning these deposed ministers. I have alreadie spocken my mynd in it, and in no other termes but that the state of your processes be so taken to this Assemblies consideration, that if they be found worthie of deposition, let them be deposed. But for such of them that are only guiltie of the errour of the tyme, whereof our Master hes beene guiltie (this is an ill wealed word, but I know it is so taken) as their refusing to subscryve to the constitutions of that controverted Assembly at Glasgow, which they have done by his Majesties speciall commandment, and according to the light of their consciences, which they thought right then, I shall only represent to the Assemblie whither or not they thinke our Master may expect from us that such ministers who for life and doctrine shall be found fitt to exercise the calling of the ministrie upon their submitting of themselves to this Assembly, to the determinations of this Kirk, should not be restored to their places? I speake it to this end; and I beseeche yow take it right, that since our Master goes so farr on our way with us in removing all the occasions of our feares, and hath appoynted to this Assembly to try whither these ministers deserves such a sentence now if they shall submitt themselves to this Assembly? I only represent to your consideration, whither in some things we ought to doe that that may satisfie our Master?

The Moderatour answered—We intend equitie and moderation, that none shall have just cause to complaine. In the meantyme, becaus it is incumbent to this Assembly to cleare their mynds towards his Majestie, I will speak a little. I will not admitt to say so much as your Grace hath said. We will not let that much imputation to goe from us so high as to speake of guiltinesse in his Majestie, who hes not bein brought up heir. We will lay the guiltinesse upon the ministers, who should have knowne the constitutions of the Kirk of Scotland; and, therefore we heare plead that his Majesties honour may be cleared, and they seene to be in the calk. This I speake not, but this Assembly may shew all moderation and favour to those whom his Majestie requires, in alse farr as we wrong not trueth, and the libertie and constitutions of the Kirk.

The Commissioner answered—I believe the most of these men that declyned the last Assembly, they did so upon ane of two grounds—either becaus they could not thinke lay Elders to be lawfull members of the Assembly, or becaus their judgment went not along with us anent Episcopacie, in both which our Masters judgment was ane and the same with them. Yet now, upon their acknowledgment of their errours in these, and submitting themselves to this Assembly, I only remitt it to your consideration if yow can thinke yow should deale so strictlie with our Master, who hes condiscended so farr to our desires, that he may not expect something may be done in this, since it may be done without prejudice to the Constitutions of the Kirk whereof yow pretend yow are so tender. Therefore I desire this Assemblie to consider wiselie of it, and not to be led away with your aune particulars—their spleene at these men or their affection to others whom they would have in their roume.

The Moderatour said—It is our purpose to put a difference betwixt those who have only done according to their light in these two things your Grace mentions, and betwixt those whose life and doctrine have beine scandalous, and to shew all the moderation to that sort that your Grace desires.

The Commissioner said—I believe some of the members of this Assembly, who were appoynted yesternight to speake with me, dealt so ingenuouslie with me as to say, that although there were many things alleadged against these ministers, yet could they not be legallie tryed, except with these things that I have alleadged; for though they were scandalous in some thinges, yet could there be no formall proces led against them. Now it is a dangerous position, that a man shall be condemned for suspicions, becaus his air and the way of his carriage agries not with others. Let us looke to it; for though in their judgement they would not subscryve the Covenant nor allow lay elders, yet to sentence them for that, I thinke it a dangerous rule.

The Moderatour answered—Grants to your Grace; but so purpose we to proceed that our moderation shall so appeare as your Grace shall consent als willinglie as we.

The Moderatour desired Mr Andro Ramsay, Mr Alexʳ Henrysone, and Lord Lowdoun to declair their judgments.

Mr Andro Ramsay said—I thinke there is no man but he will applause to your Grace in general; but as for the particulars, they who are judges can cognosce better, and upon their relation the judgment of the Assembly may rest; for, as I said yesterday, there are four causes of their removing or deprivation from their Kirks; either becaus they have not consented to the Acts of the Assembly, or becaus they have deserted their flockes, or for corruption of doctrine, or for vitiousnes of life. The two last his Grace pleads not, but only for the first two, which I remitt to the judgment of the Assembly and thinkes it should be handlit with moderation to his Graces satisfaction.

Mr Alexʳ Hendersone said—Truelie for my selfe I have no spleen against any of these Ministers, and I believe they have none at me. I have beine more blamed this tyme bygone, for that that is called moderation, than for any great vehemencie against any persone; but for that the Commissioners Grace hes beine saying, I thinke verilie there will be many that will be willing to submitt themselves to the judgment and determination of the Assembly. But I should wishe that they would confesse some errours in their judgment before they submitt themselves. Alwayes I thinke it is but a dabling with untempered mortar. These that are not of the judgement of our Kirk, they will be pleased to professe themselves to be such, and then let them be conferred with and convinced. As for others againe whose judgment has gone after their affection and their affection after the world, these hes need of repentance; but I thinke they should first acknowledge that there is something done amisse, and that they have beine guiltie of some errours; and I thinke by your confession they doe great honour to God, and establishe a more perfect peace betwixt them and their brethren.

Lord Lowdoun said—So many of them as have not beine present where they were processed upon, and representation of their case to this Assembly by supplication, deserves to have their proces considered of here, or some appoynted by the whole Assembly to heare them.

Mr Alexʳ said—I thinke, verilie, there should be a difference put betweene those who have not followed their practise according to the tymes then, but also hes troubled others beside them, yea, and hes run into England to doe all the ill they could there, and betwixt these who in modestie and simplicitie, so to speake, hes followed their oune judgment, thinking it to be right.

The Commissioner said—I shall only differ from Mr Alexander Hendersones opinion in this—that I believe that none of the ministers that went to England, went neither out of wantonnes, nor of a purpose of oary misinformation, but meirlie out of necessitie, for not having stockes of money. I thinke were [it] not the Kings bountie they should have starved, and with what peace and securitie could they live here during the troubles of this countrie? so it was not only but fitting, but necessar that they should goe.

Mr Alexʳ Hendersone said—Divers of them went to England with full purses, and others of them stayed at home in securitie; so that it is evident neither povertie nor fear made them goe out of the Kingdome.

Earle of Rothes said—I thinke, according to the order of this Kirke, which we cannot goe by—for there are cleare Acts for it—ye must take the reportes of these that have beine on the former committies, and then it shall be fitt to cognosce of particulars according to the degries of the faults and the measure of their repentance; and I assert so much to the Commissioners Grace, that if these men be so free as his Grace declaires, I trow there hath beine so much moderation shawen in the Act of the deposition, that they were sought with all earnestnes and kindnes to acknowledge their mother Kirk; and I believe that some charitable disposition will remain still. But can it be thought enough that a man shall come in heir before this Assemblie, and declair that he assents unto the institutions of this Kirk, who is knowne not only to be in some things corrupt in his judgement, but disassenting from the orthodox doctrine of the Kirk of Scotland, and corrupted with many moe errours.

The Commissioner said—I suspect if yow looke some of your processes, you shall find litle more proven against some of them, but these thinges whereof I have spocken, except it be some pycked quarrells. But if your Lordship and this Assembly conceaves that we can doe nothing in that but by takeing in the reportes and makeing formall Acts thereupon, which is nothing but to evince what we professe to ayme at, and to fall upon those rockes which we have hitherto eschued, I doe professe that I can neither consent nor be a witnes unto it. As for the second—for being of adverse judgment, I hope yow are not so cruell as absolutelie to condemne a man for being of a contrare opinion anent Ruleing Elders or such other.

Rothes said—If any man hes made a declaration to your Grace that they have beine processed for no other crymes then that, your Grace should notifie such; and I thinke the Assemblie being now conveined, he that thinkes himselfe thus wronged—that thinges have beine layd to his charge that it cannot be cleared—it should be considered by the Assemblie. As for your Graces answer to the last parte of my speach, my meaning is—not only any opinion of unlawfulnes of Lay Elders, but a judgment different from the whole frame of the doctrine of our Church at the Reformation as it is now restoired, and likewayes comitted Arminianisme and Poppishe tenets: and here I cannot but remember that man who, in presence of your Grace, layd some imputations against some worthie Members of this Assemblie. For my parte, I presse that this proces may be ryped up againe, and I can bear witnes that that man Mr John Lindsey, sometyme Minister at Carstaires, hath beene corrupt in his judgment, hereticall in his doctrine, directlie opposite and adverse from the judgement of the Kirk of Scotland, and a maine incendiarie and enemie to the worke of reformation in this land. This shall be made good to your Grace; and if your Grace would paine yourselfe with the particular, we shall cleare it to your Graces satisfaction.

The Commissioner said—I desire to eschue nothing so much as the rypeing up of the particulars that reflex upon one of zon rockes that we have hitherto eschued; and if this Assemblie will goe on to their formalitie anent these reportes which I will not dispute much against yow, yow shall force me to a protestation which I have hitherto spaired; and, therefore, I shall desire that some such motion may be made how this rocke may be eschued.

My Lord Argyle said—Becaus it may be, the Commissioners Grace spaires to speake such free language as need were, for feare of offence, and, on the other pairt, the Moderatour doeth in free termes expresse himselfe for fear to light upon the other rocke, and so it may be, many of this Assembly knowes neither what his Grace nor the Moderatour would be at: therefore I represent to the Assembly that all may understand what we would be at, and I believe that soe much tyme and losse as the agitation of it in publict would take, will suffice to cleare the matter better in privat.

To the whilk motion the Commissioners Grace and the whole Assembly did applaud, and for that effect did nominat—[not named].—Becaus the roll of their names was inlarged and given in more perfectlie the next Session, we here omitt it.[234]

The Supplication of the Toune of Edinburgh for the transportation of Mr Robert Douglas from Kirkcaldie to Edinburgh, was againe presented to the Assemblie; and after the hearing and reading of all reasons betweene Kirkcaldie, Mr Robert Dowglas, and the Toune of Edinburgh, the rolls were called, and the said Mr Robert Douglas was chosen Minister to Edinʳ by the farr greatest parte of the voices.

To met at 4 a clock in the afternoone.

Sess. 13.—_Hora quarta_ in the afternoone.

After prayer, the Moderatour said—According as we left before noone, we have beine taking some course how exceptions may be taken away from any that would desire to carpe either at our forme or our present proceedings. As we appoint a Committie to take in the Reportes, so have we now, to facilitat our bussines—so have we now inlarged the number, and divided them againe in four Committies, for the greater accelerating of matters: viz., ane for Edinburgh and Jedburgh—the 2ᵈ for Irwing and Kirkcudbright—the 3ᵈ for Sᵗ Androwes and Kirkcaldie—and, 4, for Aberdeine and Forrest.

For Edinʳ and Jedburgh, Mr Robert Knox, and so foorth, _hic deest_.

The Supplication of Leith being againe presented and red in face of the Assemblie, Mr James Scharpe, Minister at Govan, was transported to Leith, with the consent of all the Assembly, none opposeing.

A Complaint of ane Mr Robert Hatsone, Minister at Grange, upon ane George Jamesone, for stryking and abusing of the said Mr Robert to the indangering of his life, for no caus but becaus the said Mr Robert had summond him before the Presbitrie for living in fornication, referred earnestlie and humblie to the consideration of the Commissioners Grace.

A Complaint from the Toune of Peiblis against their reader, referred to the Presbitrie.

A Supplication for the transportation of Mr Frederick Carmichaell from _______________ to _______________ referred to the Presbitrie.

A Bill of Forgane in Fife, for Mr David Forrests transportation, Minister at _____________, referred to the Presbitrie.

The Bill of Invernes against their Minister, referred to the Provinceall Assemblie.

A Supplicatione for the change of the Presbitrie seat of Mearnes, referred to the Committie for the Billes.

The names of these that were to preach on the Sabbath day, &c. [not given.]

The forsaid Committie to meit with my Lord Commissioners Grace in the severall roumes of the Tolbuith, to-morrow, at 6 a clocke. The Assemblie to meit at 10.

Sessio 14.—_Hora decima_, Friday, [23 August.]

After prayer, the Moderatour desired the four severall Committies to give in their diligence; and, first, for the north, Mr David Lindsey, Moderatour of that Committie, gave in the summe of the proces against Mr George Gordoune, which was found to bare beine clearlie proven, and the Assemblie did approve the sentence of the Commission against him.

A Supplication from Mr James Sandilands, Canonist in the Kings Colledge of Aberdeine: That whereas the late Commission from the Generall Assemblie had abolished the said facultie whereof he was Professor, did therefore supplicat the Assemblie for annulling the said Act, in respect he was only cited before the Commission to be examined upon his personall carriage, and, therefore, neither had they warrand to doe further, nor he was bound to answer them in further, and that becaus there were not a sufficient quorum there present at that tyme.

The Assemblie, at the desire of the Commisioners Grace, delayed it till the next Session.

As there were some other Reports coming in,

Lowdoun said—The tyme for the Assemblie is now far spent, and the Parliament approaching verie neare; and, doubtles, there are many materiall things to be done before the closure of this Assemblie. It wer fitt that these matters be pretermitted. I shall represent this to your consideration to be thought upon. Since all of these deposed Ministers, who are desirous to be heard, are either such whose faults are so palpable grosse, that on the first view they may be seene to deserve their sentence, these does not deserve in so short a tyme to have re-entrie to the Ministry, and so needs not to trouble the Assembly at this tyme. Others are mainly, declyning the Generall Assembly, who otherwayes are not so vitious, and who, now professing penitence, would be receaved upon their repentance, and the more moderatelie dealt with, that the Commissioners Grace doth now solicite for them. Others also whose proces is more dark and intricat might be laid by at this tyme, that so, if our tyme cutt us schort, whichever is left, it may be of thir personall matters.

To the which motion the Assemblie, with the Commissioners Graces consent, did applaud, and, for that effect, desired the severall Committies to take up a roll of these who were onlie deposed for declyning the Assemblie, and were now supplicants, and to put a difference between these and others who were more grosse in life and erroneous in doctrine; and so, matters being made cleare before they came to the Assemblie, it would facilitat the matter greatlie.

To meit at 4 afternoone.

Sess. 15.—At 4 a clocke in the afternoone.

After prayer, the Moderatour of the Committie for Edinʳ and Jedburgh did report, that they had seene the Supplicatiouns of Mr Robert Hamilton, Minister at Lesmahago, Mr John Hamilton, Minister at Dalserff, Mr William Forbes, Minister at Campsie, Mr James Hamilton, Minister at Hamilton, and we find them of different natures—some of them exceeding humble and penitent to us, others of them nothing so. As for Mr Robert Hamilton, the Committie thinkes he is not to be suddainlie receaved; for he was that ingenuous as to confesse his opinion of universall grace, and said it was verie probable. And lyke wayes his error anent the matter of baptisme.

The matter being put to voiceing, the whole Assemblie, in ane voice, did allow and approve the proces and sentence given out against the said Mr Robert by the Commission.

The Commissioners Grace did so allow the same, but only as ane Act of this Assemblie.

The second Report was of Mr John Hamilton, Minister at Dalserff, whose proces was cleare—guiltie of symonie at his entrie; changing of the Elders of the Kirk, contrare to the order of the Kirk, for his oune ends; concealing of adulteries; miscarriages upon the Sabbath day.

The rolles being called, the Assemblie did approve the sentence against him.

The Commissioners Grace alleadged that these were verie hard proceedings, and he was affrayed they should yet run themselves upon ane of the rockes they had hitherto eschewed.

It was answered by the Earle of Rothes, Lord Lowdoun, and the Moderatour, that they behoved to testify their detestation of such lewd practises and erroneous opinions, as they loved the honour of their Lord and Master, who was very jealous of it; and yet, so as they should be most willing to testifie their compassion to any penitent persones; and desired that, if the Commissioners Grace knew a better way to eschew rockes, his Grace would declair it, and they would follow it.

The 4 Report was Mr David Fletchair, who was deposed for reading of the Service Booke, and subscryving of the Declinatour, but was uther wayes a man of good behaviour, and free of all sort of heresie, and was now truelie penitent for that which he had done.

The Assemblie did approve the sentence, but did grant him the freedome to be receaved to the ministrie at the first occasion that should offer.

Mr Wᵐ Forbes, Mr James Hamilton, Minister at Hamilton, and Mr James Hamilton, Minister at Cambusnethan, deleyed till the morne.

The Assemblie to meit at 9 a clocke; and so, after thanksgiving, the Assemblie dismissed.

Sess. 16.—August 24, _die Saturnæ, hora nona_.

After prayer, the Moderatour said—The reason of our stay so long this morning is, becaus we are labouring for a fair way, and we find the Commissioners Grace verie much inclyned unto it. And we are seeking to give such a meeting as becomes good and obedient subjects, and for that end we trust delay to speake of the rest of the reportes at this tyme, if the Assemblie shall so thinke it fitt. In the meanetyme I regrate that this nationall Kirk suffers under a declaration fathered upon the Kings Majestie. I regrate that many honourable members of this Kirk suffers lykewayes: yea, I regrate most of all that his Majestie suffers, being made the speaker of the whole storie, which could not come to his Majestie but by reporte; and therefore I desire that this may be taken to consideration, how the Kings honour may be repaired—how the honour of this Nationall Kirk may be repaired; and that every thing in this bussinesse may be done as becomes such a grave Assemblie, assisted with the Kings Commissioner.

The Commissioner answered—For the first parte of your discourse, our deley is taken in good parte by all honest men who thinkes no tyme long nor ill spent in rectifying abuses, and in that fair way as may give content both to the King and people. And if on the other parte, they thinke not this a worke of difficultie, they are mistaken. Therefore let us lay aside all consideration in thir particulars that may concerne ourselves, and with patience and moderation goe on as we have begun, that the closeing may be [up to] our expectation; and if we keepe not this way, my weaknes may carry me on the ane rocke, and your forwardnes, yow on the other: therefore I thinke some few dayes should not wearie us, much lesse some few houres that is spent in prepairing of ourselves to come heir, that so, according to my intentions, according to my Masters directions, and that that I am confident is all your resolutions, that so our Master may get satisfaction and we may get our desires, which I conceave is nothing but to testifie our loyaltie to our Gracious Soveraigne, securitie to our religion, and establishment of the government of the Church. I believe these are all our ends.

For the second parte of your speache, I shall desire that nothing I have to say be taken hold upon; for all that I may bragg of my selfe is, that I have gained so much as to be in some measure sensible of my oune weaknes. Tho’ in some thinges I may fancie ane extemporarie answer, yet, before I speake much, I shall desire to take it to my consideration. Yow have beine pleased to make mention, in a very modest way, of a Declaration, which, if I take it right, is a Booke wherein is expresst the whole progress of our proceedings: and truelie, sir, the way that yow have expresst it, no man can take exceptions against it. Yet I shall recommend to yow, since it carries the title of my Masters name, that whatever be your sense of the particular, and wherein yow conceave his Majestie hath had misinformation, yow may walke so circumspectlie as may testifie that yow tender his Majesties honour.

The Moderatour answered—It shall be our serious endeavour in all things, and especiallie in that particular, to testifie that we tender his Majesties honour as the apple of our eye.

The Commissioner said—Since I understand it concernes my Master so neare, I desire, before yow bring it any more in publict, that some may speake with me in privat.

Earle of Rothes said—There would be difference put betwixt that that is reallie done by the King. Anent that which his Majestie himself heard with his eares, and saw with his eyes, we thinke it becomes us to speake verie tenderlie of it; but for that which hath come by misinformation, we must cleare that to the full.

The Moderatour said—Please your Grace: that this bussines may be more warilie and wiselie handlit, if the Assemblie thinke good, let some be appoynted to revise the Booke, and they will distinguishe all, and prescryve such a wise method as we cannot weill erre in.

The Commissioner said—Truelie for myselfe, I am willing to speake my aune mynd freelie. For me, I thinke the desire is modest and fair, and I shall be glad to heare anything further in that.

Mr Alexʳ Henrysone being desired to give his judgement, said—Truelie, for the matter itselfe, it is verie necessar, and I trust it will give no offence to the Kings Majestie that that Booke be looked on and examined: ffor, in trueth, I thinke it were a dishonour to the Kings Majestie to be King over such subjects, both in Church and State, as are described in that Booke; and I believe it is not written by his particular direction, nor is he acquainted with the particulars of it. But these thinges must be left to the view of these that are appoynted by the Assemblie, who, I trust, will make such particulars in it as may tend both to Gods honour and the Kings, whereof we are very tender; and I trust it shall appeare—yea, I am persuadit of it—that we are more tender nor he that hes written the Booke.

To the which, the Assemblie did condiscend, and for that effect, did appoynt to view the Booke: _Ministers_—Mʳs Robert Baillie, Andro Ramsay, John Adamsone, Alexʳ Petrie, Mathew Brisbaine, John Smyth, John Reid, Joⁿ Home, and Thomas Craufuird: _Nobles_—Rothes, Cassiles, Lowdoun, Kirkcudbright, Burlie, Auldbar, and the Shireff of Tiviotdaill: appointed to meet together and divide their aune taskes, and be diligent students; further, whosoever had marked or noted any thinge of the Booke, of their aune observatione, let them give it in to these that are named.

The Toune of Edʳ presented a Supplication for the transportation of Mr William Bennet from Monymeall to Edʳ; and, after the hearing of his reasons, and his parochiners, the matter was put to voiceing; and the said Mr Wᵐ Bennet ordained to stay at Monymeall, by the greatest parte of the voices.

The Supplication of the Kirk of Dennune to the Assemblie, to grant a warrand to build the same, and make it a distinct church, referred to the Parliament.

The Supplication of the Laird of Halhill referred to the Provinciall of Fyffe.

The Committie for Reportes to meit at 2 houres with the Commissioners Grace at the Abbey.

The Assemblie to meit on Monday, at 8 houres.

Sess. 17.—Monday, _hora nona_. August 26.

After prayer, the Moderatour desired the Committie who were appointed for revising the processes of such Ministers as were now supplicants to give in their diligence.

The first reporte was for Mr Andro Collace. The Moderatour of the Committie for Edʳ and Jedburgh, Mr Harie Rollock, declaired that they found him to be deprived for drunkennes, actuall and habituall—subscryving of the Declinatour of the last Assemblie—remaining disobedient to the constitutions thereof—for sacriledge; and, further, they found some pretendit answers to the forsaid pointes processed against him: his maine answer to them, in generall, was that the witnesses who had proved the same were somewhat of kin to the Provest of Dundie, whom, he alleadged, was his accuser. It was answered by the Moderatour, that the Provest did onlie accuse him in name of the paroche, and, by that meanes, none might be witnesses against him who were of kin to any of the paroche.

The Commissioner said—I am to plead for no vitious man; but I thinke it would seeme too summar to approve his sentence presentlie; for I thinke all this Assemblie hes not heard all these reasons of his red, nor if they had, have they tyme to ponder them. I perceave all the processes are of two natures—either for declyning of the last Assemblie, &c., or for personall faults. Now, these deserve diverse considerations, and, I say, this is a certaine ground—that this Assemblie resolves not to punische all alike, but that, according to the nature of their faults, yee will show them favour, less or more. Now, if ye shall goe on squairlie to approve all the reportes, I doe but onelie represent to your considerations whither this be not to barre the doore, and tye your owne hands from showing favour to these whom ye would show it hereafter.

The Moderatour answered—We will not approve of any proceedings of the Commissions, how lawfull soever, but with a reservation of justice to them that will seeke a reduction, and of mercie to them that will supplicat for favour.

The Commissioner asked—Before whom must they seeke a reduction of their proces?

The Moderatour answered—Before a Commission from this Assemblie.

The Commissioner answered—If this Assembly shall not approve the sentence of the former Commissions from the last Assemblie, and the partie sentenced seeke a reduction of the proces before a new Commission from this Assemblie, can he ever expect another answer? But it is alreadie decyded before this Assembly, or, if they doe otherwayes, they shall oppose the formalitie of this Assemblie.

Argyle answered—The Commissioners may doe legallie and formallie in judgment, according to the probation of the witnesses, and yet the pairtie may thereafter improve[235] the deposition of the witnesses; and soe he may get favour either when he improves that is done, or upon his repentance.