Records of the Kirk of Scotland / containing the Acts and Proceedings of the General Assemblies from 1638 downwards, as authenticated by the clerks of assembly.

by Church of Scotland. General Assembly

[November 21, 1638.]

The first day, the Commissioners from the King and Kirke being conveined, after prayer be Mr John Bell, Moderatour, agried upon till a moderatour was chosen, The King’s Commission to the Marqueis was [read], next the Commissions from 66 severall presbitries wer given into the Clerkes sone of the former Assembly, together with the Commissions from townes and colledges, and the names of the Commissioners red.

Sess. 1.[136]

After in calling vpon the name of God, The Kings Commissioner requyred that the Commissions might be examined before a Moderatour should be chosen, least some men should voit in chooseing a Moderatour, who wer not instructed with a sufficient Commission.

It was answered be the Earle of Rothes, Lord Loudoun, Mr Alexʳ Henrysone, Mr David Dick, and Mr Wᵐ Livingstoun, that a Moderatour behoved first to be chosen, before the Commissions could be examined, for thir reasons:—A Ecclesiasticall Moderatour should be chosen by the suffrage of such as have given in their Commissions for the Kirke and Burghes before particulars can be tryed—first, becaus this is the order and practise of the Kirke of Scotland. 2 reason, It is agrieable to reason, that the Assembly should descend by degries to the constitution from a promiscuous convention, to a number instructed with commissions from the severall Kirkes of the kingdome, vnto whose commission that much respect is due, that they may be presumed to be, for the most pairt, valide and worthie, at the least [to] have a voice in choyseing of a Moderator to themselves, by whose meanes everie commission may be more exactlie tryed. 3 reason, It is one of the poynts of the freedome of the Assembly, that the Commissioners from the Kirkes and burghes choyse their owne Moderatour, incontinent after the exhibition of the Commission, least any thing which concernes them be done inordourly or without the consent in the meeting where they are present. 4 reason, The Tryell of the Commissions is one of the worthiest matters of the Assembly, and never were there any discussion of the validitie of them before a Moderatour was chosen, and the judicatorie brought to a frame, so farre as the whole might judge of everie pairt; nor can they be discussed till the propper judicatorie be ance sett in a tollerable maner, which be the lawes hes authoritie to judge thereof. 5 reason, It was required in all the supplications for a free Assembly, that the questions belonging the maner and matter of Assemblies, should be referred to the Assembly it selfe; and, now a free Assembly is granted and indicted, therefore a formall Assembly must ance be made before any ecclesiastick question belonging to the Assembly can be rightlie discussed, which cannot be done till a Moderatour be chosen by common consent of the Kirke conveened. 6 reason, Seeing it is certaine, that these who are come doe represent the Kirkes from which they are come, and are instructed so well as they could be their knowledge, it were wrong done to the Kirkes conveened, not to suffer them to begin their owne incorporation, and to draw their oune Members to some ordourlie frame that at the first entrie they may proceed ordourlie. 7 Reason, Whatsomever reason can be alleadgit why the Commissions cannot be postponed to the chooseing of the Moderatour, will be more valide to prove that they cannot be discussed before the chooseing of a Moderatour. 8 Reason, Progressus erit in infinitum.

My Lord Comʳ his Grace gave way to the chooseing of a Moderatour, provyding it shall no wayes import his Graces acknowledgement of the votters, or such as shall be meit, or any of them, to be lawfull Members of this Assembly. But it shall be lawfull to his Grace, or any other at convenient tyme, to say they cannot be lawfull Members thereof; whereupon his Grace took acts and Instruments, as likewayes protested in name of the Archbishops and Bishops of this Kingdome, that no nomination or election of a Moderatour, Commissioner, or other Member of the said Assembly, made or to be made, nor the receaving, admitting, or allowing of any pretendit nomination, election, or Commission, before, to, or at the said Assembly, past or to be past in favours of or in the behalfe of any Member thereof, shall prejudge them or any of them in their place, voit, office, jurisdiction, dignitie, or priviliedge belonging to them or any of them, be whatsomever laufull right or custome, but that the same shall remaine to them, and everie ane of them, safe and inviolable, notwithstanding of anything done or to be done at the said Assembly; whairupon the said Commissioner his Grace tooke acts and Instruments. Farther craved ane other paper presented be Doctor Hamilton, in name of the Bishops, to be read publictlie, quhilk being refuised, the said Commissioners Grace protested, tooke acts and Instruments: farder, the said Commissioners Grace declaired that his Majestie had appoynted six noblemen, his Assessours, to repair to Glasgow, and to have voit in the said Assembly; and for that effect his Majesties Letters, directed to them, was produced; and accordinglie his Grace desired that, before any voting of the Moderatour, it should be condiscended that the foresaid Assessours should have voit, conforme to his Majesties Letters, which being refuised, his Grace protested and tooke acts and Instruments.

Farder protested that the Bishops, who were authorized be act of Parliament, are called pretendit Bishops.

The Protestation of the Commissioners fra Presbitries, Burghes, and Universities, and of the Complaints against Prelats.

We Commissioners of Presbitries, Ministers, and Elders, Commissioners of Burghes, and Universities, in our owne name, and in the name of the whole Church of Scotland, whom we represent, That whereas his Majesties Commissioner protested that he gave way to the chooseing of ane Moderatour, without acknowledging of the voits of any of them to be lawfull members of this Assembly; but that it be lawfull to him or any other to say, at convenient tyme, why they cannot be lawfull members;

We protest that this protestation made be my Lord Commissioner his Grace, be no wayes prejudiciall to the lawfull commissions produced be Ministers, Elders, and Commissioners of burghes and vniversities, qˡᵏ shall be allowed unto this Assembly, nor unto the freedome thereof, nor be any ground of quarrelling this Assembly and the proceedings thereof, in any time comeing; but, on the contrare, seeing we offer to heare all objections in a competent Assembly, at the discussing of the particular commissions.

We protest that this Assembly, now fenced in the name of the Sone of God, be esteemed and reputed a free Generall Assembly in all tyme comeing, and that it shall be lawfull to us to extend this our protestation, and insert the reasons thereof, in any tyme before the dissolving of this Assembly; whereupon we tooke instruments.

Lykeas we Commissioners of Presbitries, Burghes, and Universities in manner foresaid, That qʳas his Majesties Commissioner, in name of the Archbishops and bishops of this Kingdome, protested that no nominatione or election of Moderatour, no allowance of any pretendit commission in favours of any Members of this Assembly, nothing done or to be done in this Assembly, past or to be past, shall prejudge them in their voit, office, jurisdictione or dignitie belonging to them, be whatsomever law or custome: We Protest against this protestation of his Majesties Commissioner made in favours of the pretendit bishops and their pretendit priviledges in this kingdome, untill they and yʳ rights and priviledges now complained upon be the most pairt of this Kingdome in yʳ summonds, as usurpations, contrare to the word of God, Confession of faith, doctrine and discipline of this Kirke, to be tryed and allowed or disallowed in this Assembly, and that the determination yʳof therein, according to the word of God and Confession of faith, be esteemed and observed, and most just and lawfull; and we protest in favours of the liberties, priviledges, and discipline of this reformed church, and freedome of this Assembly in all ecclesiasticall matters, conforme to the Confession of faith and Covenant of this Kingdome, renued with the Lord, and for libertie to extend this protestation, and the reasons thereof, before the dissolving of the Assembly; qʳupon we tooke Instruments.

Lykeas We Noblemen, barrones, Ministers, burgesses, and Commouns, subscribers of the Covenant and persuers in the Commoun Complaints and Summonds against bishops, Protest that the Commissioner his Graces nomination of them, the Lords of the Clergie, and protestation in favours of yʳ calling, voits, dignitie, priviledges, be no wayes prejudiciall to the Covenant subscryved be us, to the policie of the Kirke, nor to our Summonds and Complaints against these our pretendit dignities, titles, and callinges, as contrare to the Confession of faith and word of God, nor to the freedome of this Assembly in their trying and discussing of our said Complaints; and we protest for libertie to extend this protestation; qʳupon we take acts and Instruments.

Lykeas, We Commissioners for Presbitries, burghes, and Universities, That qʳas his Majesties Commissioner having craved ane paper, presented be Doctor Hamilton in name of the Bishops, to be red publictlie, being refuised, did protest and take Instruments, We protest that before ane Assembly was constitut, and the Moderatour chosen, we would heare no supplications, billes, nor protestationes, but after the constitutione of the Assembly we should heare the same and give them an answer, and protested that they might be there personallie present for to answer to the Summonds and Complaints against them, with libertie to adde yʳupon and tooke Instruments.

Lykeas, quhensoever his Majesties Commissioner protested against our protestations, both the Commissioners from burghes and universities on the ane pairt, and the persewars and the Complainers on this, have renued their protestation against the Commissioners protestations: We Commissioners from Presbitries, Burghes, and Universities, That quhereas his Majesties Commissioner produced his Majesties Letter to Six Noblemen for to be his Assessours, and accordinglie desired that the foresaid assessours should have voit according to his Majesties Letter, and protested upon the present refusall of it before the election of a Moderatour, we protested, that seeing his Grace was his Majesties sole Comʳ, that none should have voit but the Commissioners from Presbitries, Burghes, and Universities, for thir reasons, qˡᵏˢ we are readie to shaw, for thir reasons to the Assembly being constitut after the election of a Moderatour, and protested for libertie to extend their owne protestation, and insert the reasons thereof any tyme before the dissolution of this Assembly: qʳupon we tooke Instruments, and yʳafter gave in the reasons following.

Concerning the voiting of his Majesties Assessours in the Generall Assembly.

With that respect which we ought to his Majesties Commission, and to the persons and places of the pryme Noblemen and Counsellours, his Grace his Assessours, for the preservation of the libertie of the Kirke of Jesus Christ, in this his Majesties Kingdome of Scotland, we the Commissioners from particular Presbitries, Universities, and burghes, here solemnlie assembled, in all humilitie, doe remonstrat that his Majesties Commissioner and Assessours can have but ane voit, in all matters treated and reasoned in the Assembly, for the reasons following:

1. Becaus the Generall Assemblies, in the matter of it, is ane ecclesiasticall meeting of persons ecclesiasticall, Ministers and Elders, representing the whole particular persons and presbitries quhilk collectivelie cannot convenientlie or possiblie conveine, and the Christian Magistrat doth not so much multiply voits for himselfe, as by his power, auctoritie, and command, and provyde that every particular Commissioners voit be asked and heard in order and quyetnes, that thereby the judgement of the Assembly, in everie poynt presented to their consideration, may be knowne.

2. We have had 39 Assemblies of this Kirke, without the presence of the Kings Majestie or any Commissioner sitting in the Assembly in his Majesties place.

3. It is not to be supposed that his Majesties Comʳ should have moe voits in his Ma. personall absence, then if he were in sacred persone present, since, jure representationis, they are all but ane, and ought to voit as ane.

4. This might prove contrare to his Ma. graceous intention, very prejudiciall to the libertie of the Kirke, there being no determination of the number of voits, for thus his M. affirmative voice might be turned in a negative; neither doth this Kirke want experience of this great danger.

5. As assessours sent from particular presbitries for assisting, thir Commissioners have no place to voit, so it is to be supposed that these assessours, appointed to attend his Majesties Comʳ, are only to give their advice and assistance unto his Grace in the great affaires of the Assembly, that all matters may be orderlie and peaceablie disposed. 6. Although we doe not pry narrowlie into his Majesties Commission, yet since we perceave it is granted to the Marqueis of Hamiltoun as his Majesties sole Commissioner, we cannot admitt that any be equall to his Grace in voiting in the Assembly.

7. As the Ecclesiasticall Moderatour, be the Acts and practise of this Kirke, hath some Members of the Assembly joyned to him to be assessours, who yet thereby have no further power granted to them than they had before be their Commission, so it is with preses politicus.

And whereas, his Majesties Commissioner protested that the bishops who were authorised be Acts of Parliament were called pretendit bishops, the complainers against bishops protested that such they were and such they should be esteemed and called, conforme to the summonds; and the Commissioners from presbitries, burghes, and universities, protested, that they should be so called till the complaints against them for the samen should be discussed, with libertie to adde; whereupon they tooke instruments.

The Moderatour for the tyme having declaired that the constitution of a Moderatour must be the first act, and goe before the act of examination of the Commissions, he puts upon the leitts Mr John Ker, Mr John Row, Mr James Bonar, Mr Wᵐ Livingston, and Mr Alexʳ Hendersone: the leitts being approven, and Mr Alexander Hendersone was chosen Moderatour be the voits of all the voits, not ane contrare except his oune.

Sess. 2.
[November 22.]

After in calling upon the name of God,

The Moderatour craved that a list might be given for chuseing of a Clerk.

The Comʳ asked why a clerk should be elected, seeing there was a clerk there present, and what could be said against him why he should not execut the office in his fathers lifetyme?

The Moderatour answered—Please your Grace, the clerks sone could not be called the clerk.

The Commissioner required that the young man might have libertie to speake for himselfe, who, being permitted to speak, alledgit that his father was provydit to the office by the dimission of Mr Thomas Nicolsone, and hath served in the office after his dimission, and hath keeped the Registers, and hath given out extracts of the Acts and conclusions of the Assembly; and now being infirme and sicke, and not able to serve at the tyme, has surrogat me his sone in his place.

The Moderatour answered—Albeit Mr Thomas Nicolsone had the office and had demitted to his father, yet was not his Father elected by the Assembly; albeit, he had now possessed the office by the space of 20 yeares, yet I see not how the office can goe by deputation.

The young man answered—That beside the office of Mr Thomas Nicolsone, his father had the office by election in anno 1616.

The Moderatour answered—That he was not chosen by the voits of a free Assembly; and whether it was so or not, it matters not now, seeing he was become old, infirm, and sicke, and so unable to attend frequent Assemblies, which now we expect be the mercie of God, and with his Majesties favour and allowance; yet if there be any question in the matter, I shall ask the voits of the brether; but in my judgement, Edinburgh being the centure of the Kingdome, quhereunto all subjects have greatest resort, it is expedient, yea necessar and good, that the clerk should reside att Edinburgh. I grant the Clerk received no detriment be his fathers function, becaus his employment was but small.

The Earle of Rothes answered—Albeit his father had undoubted right to the office, yet the office is not transmissible: whereupon the young man remitted his interest in the office to the consideration of the Assembly.

The Commissioner answered—By what power the young man could demitt his ffathers right?

The young man answered—That he did not demitt his Fathers office, but onlie submitted his interest in it to the Assembly.

The Commissioner said—That he did not call in question the power of the Assembly concerning the election of a Clerk, but he desired to know how Mr Thomas Nicolsone having demitted his right in favours of the young man his father, and how his Father having enjoyed the office to this day, how ane other clerk should be elected, he being yet alive?

My Lord Lowdoun answered—That his father being absent, old, and sicke, could not now supplie the place, and yʳ the Assembly, now conveened, behooved to see to it, and surrogat ane other in his place—a man of skill and judgement—seeing he was civiliter mortuus—unable to come hither; yet I speake not this to prejudge his sones benefice, for the Assembly may consider of it; but if he hes a power from his father, he may submitt that to the judgement of the Assembly, and the Assembly may choose ane other without doing wrong to the young man.

The Commissioner answered—If, by reason of Gods hand on the man, they would yet macke [him] further to be a sufferer and a loaser, seeing he hath done the pairt of ane honest man, and his gift of office here doeth bear deputation, why will ye not suffer him to depute his sone in his place as others have done before? For albeit he be old, infirme, and sicke, that may not take away his place, if sicknes be on him by Gods hand, and againe throw time he shall be frustrat of the meanes to mentaine his life in his old age.

Lord Lowdoun answered—It is charitablie and justlie pleaded, and I think he should not be prejudgit the meanes of his life in his old age; but seeing there are here two prejudices in hand—ane to the Generall Assembly and other personall to the man—the lateis prejudice must yield to the former, and the Assembly must be served, and the man in his age and sicknesse supplied ane other way. As for deputation ane other in his place, we know he hes no power of it.

My Lord Rothes said—That the strenth of his fathers right to the office was not from Mr Thomas Nicolsones admission, but of that which the Assembly gave unto him; and what right the young man craved by deputation, he hath now put it in the hands of the Assembly.

The Moderatour asked—If the clerks place was not vacant for the tyme, and if it be not vacant, how shall the Assembly be provydit for a clerk for the tyme?

My Lord Rothes said—The Assembly calls for a clerk, and his father compeirs not; how is it furnished?

My Lord Lowdoun answered—Let the young man who craves the right adhere to it, and let it be decydit by the Assembly, or els submitted to the Assembly, or els choose your oune Clerk.

Whereupon the young man submitted himselfe to the Assembly.

The Moderatour craved that a lite might be given in for chooseing of a Clerk, and so a lite of four was given in: Mr Thomas Sandilands, sone to the clerk, Alexʳ Blair, John Nicoll, and Mr Archibald Johnstone; and it was requyred that these men that shall be elected shall be obliged to reside at Edinʳ.

The Moderatour asked the Comʳ which of these four his Grace would voit into?

The Comʳ answered—That he knew not any of them, neither would he voit to any of them, becaus he had not as yet seene a lawfull dimission of the present Clerk.

The Moderatour replyed—Then your Grace will be a non liquet.

The Comʳ answered—I desire that the voits of the Assessours nominat by his Majestie might be asked in a nomination of a Clerk.

The Moderatour said—Seeing your Graces assessours get no voit in chooseing a Moderatour, being a superiour office, it was not fitt to trouble them with asking their voit anent the election of a Clerk, being an inferiour office.

The Comʳ craved that the protestation made yesterday might be read over againe the day, anent the Kings power in appointing of assessours; which protestation being red,

The Comʳ craved that my Lord Argyle, Traquair, Southesk, Lauderdaill, might voit according to his Majesties command, given in severall letters; which Letters being sein and red,

Traquair craved that these assessours appoynted be his Majestie might have voit, as the custome was in King James, of worthie memorie, his tyme; and declaired, according to his Majesties command, he was readie to assist and give his voit.

The Moderatour answered—That it was not want of due respect to their Lordships that moved them to refuise your Lordships voits in this, but onlie to mentaine the Kings libertie—quherfor your Lordship had als goed reason to be als zealous as any in the house.

Traquair replyed—The imployment of this particular was of such small moment, that except it were in obedience to his Majesties command, he would never clame it. As to the Kirks liberties, that they should be preserved; yet why should any in the Kirk debarr the Kings Majestie from that libertie which to this day he never wanted in any Assembly? If the Kings Majestie be standing in a particular possession of assessours to treat, reason, and voit, who should his Majestie be dispossessed now?

The Moderatour answered—That they should either condiscend to that his Lordship craved, or else satisffie him in reason; and said, he would not deny but his Majestie had, in sundrie late Assemblies, moe asseasours then his one Commissioner, and yet there were also many Assemblies that neither King, Commissioner, nor assessours were present: which late Assemblies he wished this present Assembly had no reason to put them to the tryall.

Traquair asked—If, becaus the King is not present now, as he was not present in ane other Assembly, if they would exclude him and these nominat be him to voit in this Assembly?

Moderatour answered—There was no intention to exclude his Majestie, but rather wished his Majestie were present to be ane eye witnesse to all thir proceedings, and that he hoped for great favour from his Majestie if he were present, and that full satisfaction should be given to his Majestie, by Gods grace, to everie thing.

Sir Lues Stewart said—Seeing it hath beene in use that his Majestie hath appoynted assessours, Commissioners, and all perteining to the Generall Assembly, why not now also?

Lowdoun answered—There were sufficient reasons why it should not be so, and these reasons were put in the hand of the Moderatour to be red.

Thir reasons being red, why the King only should have ane voit,

Traquair said—Not out of any affection of imployment, but of love to the obedience of so gracious a prince, doe I take upon me to answer these reasons; neither yet am I of such sharpness, capacitie, and quickness of witt, to make answer to everie ane of these particular reasons; yet seeing we are tryed to make answer, we crave ane copie thereof that we may give our answer thereto, and desires that this matter of election of a Clerk may not be put to voiting till our reasons be heard.

The Moderatour said—It is good reason to be so, and all of us hes alse good reason to be zealous of the Kings honour, authoritie, and priviledge, as any, yet his Lordship had alse good reason to see to the Kirkes weill and libertie—the Mother of us all; and when we perceave that the Kings Majestie, or any in his name, would urge that which may encroach upon the liberties of the Kirke, they would labour to satisfie them in reason.

Traquair said—If I knew any thing would conduce more to the preservation and priviledge of the Kirkes liberties, then that his Majesties wonted authoritie should continue in the former vigour, I would condiscend unto it.

The Commissioner said—I render my protestation, made in name of my assessours appoynted be his Majestie.

My Lord Rothes said—And we also adhere to the protestation made be us.

Traquair craved that his assessours might eik to his Graces protestation, which was granted.

Then the Voits of the whole Assembly wer craved anent the election of a Clerk ad vitam, and Mr Archbald Johnston was chosen and admitted unto all the rights, fies, and priviledges, perteining to ane Clerk of before, to be extractit at large; who, after the acknowledgement of the weightiness of the charge, and his insufficiencie for it, embraced it as having a calling from God, and the honourable Assembly.

The Moderatour desired to be informed if any more was requisite for his admission but a solemne oath of his fidelitie and diligence?

Mr John Row answered—Nothing further, but that he should bring foorth, keepe, and preserve the Registers of the Church; at least so many as shall come in his hands, seeing pitifull experience could show how these Registers had been marred in former tymes.

Then Mr Archbald gave ane solemne oath of his fidelitie and diligence, and conscious keeping, and use making of all Registers and documents, was taken of his acceptance and admission.

The Moderatour said—The Bookes and Acts of all former Assemblies should be produced, and put in Mr Archbalds hands.

Mr Thomas Sandilands answered—That he had receaved no Registers from his father, but only two books, conteining some acts from the yeare 1590, till the Assemblie at Aberdein, holden 1616. which therein is only begunne with the Minuts of the Acts of the said Assembly of Aberdein, in a paper-apairt with the Minuts of St Androwes following 1617, with the acts of the Assembly at Perth, subscribed be Mr James Sandilands, and delivered the samen to the Assembly: And, being posed for the rest of the registers, answered, in his fathers name, that he had gotten these two from the Bishop of St Androwes, and had never receaved any moe, neither from him, nor from the Assembly, nor from any uther.

The Moderatour craved that all the Registers might be had and brought foorth from the hand of any Clerk or haver of them, affirming that these bookes had in them matters of greater weight then all uther evidents of land; for they wer the Kirke of Scotlands Magna Carta, contayning all her priviledges since the reformation. He wished also that this Assembly should not be deprived of so powerfull a meane of information for proceeding in matters to be handled there.

The former Clerks sone affirmed that he had destroyed none of these bookes.

The Moderatour urged the production of these bookes, and desired the Commissoner to take course for it.

The Commissioner answered—That he was willing to use any good meane that could be used for production of these bookes, if any could show in whose hands they were; for (said he) I desire not that any register should be absent, but, above all, the Kirkes Registers.

My Lord Rothes said—That, by a warrant from King James, the bookes wer taken from Mr Thomas Nicolsone and the last Clerk, and put in the hands of the pretendit bishop of St Androwes, and so of neid, force and course must be taken for getting of these bookes from the Bishop.

Mr Archbald Johnston said—That, by Gods providence, als many bookes were come in his hands, as should be able to make up a perfite register of the whole affaires of the Kirke, from the Reformation until this day, which Bookes he produced on the table, and declared by whom and what meanes they wer come to his hands—To witt, Mr Robert Winrahame, Depute-clerk under Mr Thomas Nicolsone, and from him to Alexʳ Blair; of quhich bookes there are fyve volumes in folio. But Mr Patrick Adamsone, Bishop of St Androwes, rent ane of them, and yet there are four to the foir of them, written be Mr James Richie and Mr Thomas Nicolsone, qʳof the first two containes the acts of Assembly from the year 1560 to 1572, subscribed by John Gray, Clerk to the Assembly; and the third volume, fra 1586, till 1590, written and subscrived in the margine be Mr James Richie, Clerk to the said Assembly—the first Booke being ane great volume of the Acts of the Assembly, fra the year 1560 to 1590, (whereof he had but ane len from ane minister,) whereof, the first four volumes the said Mr Archbald declared he had receaved them from Alexʳ Blair, wreater, who was servant, and succedit in the place of modifications of Stipends to Mr Robert Winrahame, who had a deputation from Mr Thomas Nicolsone, Clerk to the Generall Assembly.

The Moderatour said—These are good and comfortable newis unto the Church of Scotland—that a perfect Register of the Acts of the Assemblies are yet to the foir, and that it was neidfull that course be taken for tryell of these bookes, whether they be these same bookes written be the Clerks, or be their deputs, or Copies only of these bookes.

It was answered be the Clerk, That they are the same, written and subscryved be the Clerkis oune hand, and the leaves riven out of ane of them be the bishop from the 22 to the 27 leafe, may yet be knewen be the marked number of the leafes. The first Clerk, Mr John Gray, who subscribed everie Assembly with his hand. The next is also subscribed; and ane Memorandum on the first leaf of it, where Mr Archbald Huntar past to the Chancelour Maitland and receavet that Volume, and this uther, and the halfe of that which was rent by Bishop Adamsone, is marked in the next booke. The third booke, and the first act of it, is the election of Mr James Richie, Clerk; which booke is all of ane hand write. The ane booke is from the 60 to the 70 year; the next from the 79 wherein the bishop of St Androwes is censured and excommunicat; and now, in God’s Providence, there is now in the present Clerks hands a perfyte Register from the 70 year to this last Assembly, for which all of us have reason to praise God.

The Commissioner said—See that we build on ane suir foundation, and try weill that these bookes be authenticks.

The Moderatour craved that some judicious men, and skilled in dignoscing hand writtes, might be nominat for tryell of these bookes; and intreated the Earles Lawderdaill, Southesk, and Argyle to take inspection of the Bookes.

Argyle objected his youth and unskilfulness for so weightie a charge, yet, at command of the Commissioner, declaired his willingnes to assist the work.

The Comʳ said, that if his aune paines could contribute any thing to the furtherance of the worke, he would be readie to sit up day and night, but would not lay the burthen on his assessours; for, he said, seeing it is refuised that they should be Members of the Assembly, he said he saw not how they could be appoynted for trying of these Registers.

The Moderatour answered—We are hopefull that their Lordships will not refuse to further the good of this Assembly, seeing it is said heir, it is not for want of due respect we owe to their Lordships, but only for preservation of the Kirkes liberties, as said is.

The Comʳ said—I cannot see how these that are not granted to be Members of the Assembly, can cognosce bookes containing matters of so great weight.

The Moderatour answered, that they can best judge.

The Commissioner said—But I cannot consent unto it. Therefor

The Moderatour said—Let the skilfullest of the Clerks of Session, Counsell, and burrow Clerks, with the Ministers, such as the Laird of Durie, the Clerk of Dundie, Mr Alexʳ Pearsone, with their Assessours to help them of the Ministrie.

Mr James Bonar.	Mr John Row.
Mr John Livingstone.	Mr Andrew Ramsay.

[The Moderator called upon] Mr John Row.

Mr John Row answered—That he had yett in his hands the booke of the Kirke Policie subscribed be Mr James Richie, Clerk, which will serve to dignosce the hand writt.

Mr Archbald Johnston said he had the principall Booke of Policie, written in lumbard paper, in his hand, which also would conduce to that end.

This being judged to be the fittest way for tryell of the Registers of the Kirk, and makeing them to be authentick,

The Moderatour desyred that the Commissioner would proceed to try the Members of the Assembly and the Commissions, that soe the Assembly might be fullie constitut.

The Commissioner answered—That he who yesterday presentit a written paper from the Lords of the Clergie, desires that his bill or paper might be first read for information giving, anent the Members of the Assembly to be constitut; and becaus the reading of it yesterday was denyit before a Moderatour was chosen; now ane Moderatour and Clerk also being chosen, I desire this paper to be read; seeing the objections qᶜʰ were proponed yesterday are now removed, and that Doctor Robert Hamilton may be called to produce the paper, written in name of the Lords of the Clergie and their adherents; who being called, compeired and presented his paper to the Commissioner, desiring he would give charge to read it.

The Moderatour said—Some parte of the Impediments of reading it in publict are removed, but not all; for the Assembly is not as yet constitut fullie. But, so soone as the Assembly is constitut, it shall be read before any other bill or paper qwhatsoever.

The Commissioner urged still the reading of it before the Members of the Assembly were agried upon and constitut, becaus the paper contained many thinges neidfull to be knowen before the Members of the Assembly be constitut.

My Lord Lowdoun answered—That the reasons proponed yesterday for not reading of it, are yet standing in force; and as it was inexpedient yesterday that it should not be read till a Moderatour was chosen, so it is yet inexpedient till all the Members of the Assembly be fullie constitut; for, (said he,) there is no Assembly constitut till the Commissions of the Commissioners to the Assembly be tryed.

The Commissioner replyed—It is a hard cause, that a man cited before the Assembly should not be heard to object against the Members of the Assembly who were to be there judges. Who ever heard that a man accused as guiltie of a fault, was refused to be heard to object against his judge?

My Lord Lowdoun answered—If the objection wer now against the whole Assembly, it could not be read before the Assembly wer constitut to be judges. But if the objections wer against any particular Member of the Assembly, it were only fitt tyme to object when that mans Commission were in reading.

My Lord Rothes said—Let objections be given in against a particular Member and it may be heard, but cannot be heard against the whole Assembly before it be constitut; and

The Moderatour eiked—If that paper should open your eyes to give further light after constitution of the Assembly, that the errour of not reading it before shall be repented in dew time; for no sooner shall the Assembly be constitut but it shall be first read.

My Lord Commissioner said—I take instruments of your refusall to read it.

My Lord Lowdoun answered—It cannot be said that the Assembly hes refuised till it be ane Assembly constitut. Neither yet is the paper presented to the Assembly, but to your Grace.

The Commissioner replied—Because ye have refuised I took it; and I crave it might be read.

My Lord Lowdoun answered—So soon as it is an Assembly, it shall be read.

The Moderatour said—Then let us proceed to the tryell of the Commissions, that the Assembly might be constitut, and then it shall be read.

The Commissioner said—I am content, so be my Lords of Clergie receave no hurt nor prejudice; and before yee proceed, 1 ask documents that nothing be done in tryell of Commissions, and constituting the said Members of Assembly, to the prejudice of the said Lords of Clergie; and I desyre that the newlie constitut Clerk may pen ane act for this effect and give out ane extract of it.

The Clerk answered—I can neither make nor give out Acts without a warrand from the Assembly; and the Assembly cannot give warrand till it be constitut.

Then (said the Commissioner) I will take instruments in the hands of the Lord Register, seeing the Clerk of the Assembly refuses to write.

The Clerk said—I shall write it quhen the Moderatour gives direction; yea, I shall write it presentlie, but cannot give ane extract of it till the Assembly be constitut.

The Commissioner said—If ye be Clerk to all, why not to me? Shall I make a Clerk for myselfe? I did protest before, that niother the Lords of Clergie nor their adherents should be prejudged in their dignities or priviledges, by their refuseing to read their paper, presented by Dr Robert Hamiltoun; which paper containes reasones against election of the Members of Assembly.

My Lord Traquair said—It is very hard that these reasons against the election of such and such Members of the Assembly should not be heard.

The Moderatour said—When the Assembly is fullie constitut, then the Member complained of shall be removed.

The Commissioner said—I still will protest in name of the Lords of Clergie and their adherents, that they receave no prejudice by your not reading of their paper before the Assembly proceed to the examination of Commissions.

My Lord Traquair said—The protestation is upon your refusall to read it.

My Lord Lowdoun answered—Their refusall is no longer then till the Assembly be constitut; their reading of it is only deleyed till then.

The Commissioner said—But for my securitie I will take instruments of all in my Lord Registers hand, till that promise he performed; for, albeit I be his Majesties Commissioner, yet am I a poor subject, and must answer for my service.

The Moderatour said—I will judge reverentlie of your Graces proceedings; yet I may say there is a too too burning haste in these men for whom your Grace pleads, that they will have their bill read before the Assembly be constitut.

The Comʳ answered—They have reason to look to themselves, seeing it stands them now on their reputation, dearer to them nor their life; and, therefore, thinkes it only now fitt tyme to use their best defences: for what weight will their reasons have when their parties are constitut their judges? If myselfe were to be constitut judge, I would not refuise to heare reasons why I shᵈ not be such a mans judge; therefore, I requeist the Moderatour to state the question, and ask the Assembly what they think of it?

Then the Moderatour said—There is a motion made anent the reading of a paper, given in be the pretendit Archbishops and Bishops, and their adherents, for clearing of yʳ mynds who are present, concerning the election of the members of this Assembly, and ye did formerlie refuse it till the Assembly was constitut. Now, it is urged againe; and, therefore, I ask, whether it be convenient to read it now, or to delay it to the Assembly be constitut, and the commissions tryed?

My Lord Traquair said—If my Lords of Clergies information be not read before the voit and judgment of the Assembly be given, and before a judicatorie be constitut, it shall be to no purpose thereafter; therefore, it is only craved that then information may be heard, and no answer shall be craved till the Assembly be fullie constitut.

The Moderatour said—An absolute judgement of the Assembly shall not be given without reservation.

My Lord Traquair said—Instruments should be taken before they give out their judgements, that it prejudge not my Lords of Clergie.

My Lord Lowdoun answered—Ye cannot crave the judges Sentence in this matter before the judge be constitut.

The Comʳ said—We only crave to informe these who should be judges, and that reasons should be heard wherefore they cannot be judges.

My Lord Lowdoun replyed—It is no wayes competent to this Assemblie to heare that information as a judge, before yʳ be a judge, seeing that information shall be alse valide after the Assembly is constitut as now.

My Lord Traquair said—What if it can be showen by good reason, that such ane election of the members of this Assembly as ye are about, cannot be; and if this be, how shall it be tymeous to show it after the election is made?

My Lord Lowdoun answered—The judicatorie being constitut, it shall then be judged.

The Moderatour said—Whether should our owne or externall instruments be first heard?

My Lord Traquair answered—When a judicatorie is to be sett, whether is it more propper to except against those who are to be judges, before or efter the judicatorie is established?

The Moderatour answered—They shall be heard; but ourselves must be first heard.

My Lord Argyle said—I compare these here conveined to be ane assise nominat, but not yet sworne why may not then we, ane pairtie accused, informe the assise before it be sworne?

The Moderatour answered—We doe verilie perceave great sufficiencie in the Commissioners Grace, who only should speake here unto us; and if your Lo. have any information to give in, doe it in a convenient tyme; and it is not fitt your Lo. should speake here as a Commissioner; and it will be hard to us to make answer to every difficultie that such a number of wittie noblemen can propone.

My Lord Lowdoun said—My Lord Argyles instance is verie fitt, if these men who desires their information to be read would come in here as men pannelled before ane assise.

My Lord Argyle answered—There is a sort of acknowledgement be them of a judicatorie here, when they desire such a information to be read before it.

The Moderatour said—They shall be judged in nothing here till they have gotten libertie to speak, and except against any Commissioner here present.

The Comʳ said—If this be ane free Generall Assembly, why may not any propone their doubts? How can this be refuised to my Lord Argyle and others, they being Peires of the land, which cannot be denyed to Scottismen?

After sundrie speaches uttered be my Lord Argyle, Traquair, and answers given thereto be the Shirreff of Teviotdaill and my Lord Lowdoun, anent the comparisone taken from assise, it was concluded that the paper given be Doctor Robert Hamilton, in name of the Lords of Clergie and their adherents, should not be read till the Assembly was fully constitut.

Sess. 4.
November 24, 1638.

The fourth day, be reason of the Commissioners delay in not comeing at his appoynted houre, the Moderatour desired that matters to be handled might goe one in his Grace his absence, and a promise that a full narration of thinges handled should be made knowne unto his Grace at his first incomeing, which the Comʳ refuised, seeing he was bound to give particular accompt to the Kings Majestie of everie thing done, therefore behoved to be ane witnesse of everie thing that should be done.

The Moderatour said—We left at the examination of Commissions, which serves for the constitution of the Assembly; and we crave that we may now proceed in the examination of Commissions; and the Commission given in for the Presbitrie of Dunce, was first read; next, the Commission for the Presbitrie of Chirnaide.

The Moderatour said—We need not to crave the voits of the Assembly anent every Commission; but, if none speake against a Commission, after it is read, we will hold silence for a consent and approbation of the commission.

The Commissioner answered—If ye appoynt that silence shall be taken pro confesso that the Commission is valide, I protest that my silence be not so exponed, but that I may have libertie to object against any Commission or Commissioner, in my owne tyme, becaus for the present, I am not instructed with objections which I have and will make hereafter; and to this protestation, the Moderatour, in name of the Assembly, assented; and so the Clerk went on to the reading of the rest of the Commissions, and red the third from the Presbitrie of Kelso; the 4 from Jedburgh; the 5 from toune of it; the 6 from Ersiltoun; the 7 from Lawder; the 8 from Selkirk; the 9 from the toune of it; the 10 from Dumbar; the ij from the toune of it; the 12 from Northberwick toune; the 13 from Hadingtoun; the 14 from Dalkeeth; the 15 from the Presbitrie of Hadingtoun; the 16 from Edinburgh; the 17 from the Colledge of it; the 18 from Linlithgow; the 19 from the toune of it; the 22 from the Presbitrie of Peibles, and a Protestation given in against it be Mr Robert Ellot, as a Commission purchased be indirect meanes used be the Lord Traquair.

My Lord Traquair, hearing his name called in question, thought himself much wronged, being calumnat be such a man, whom he would prove to be both a bryber and ambitious; and that he should be by him brought upon the stage before so reverent and grave ane auditour; and complained to the Commissioner of the Ingiver of the Protestation as ane infamous lybeller against ane officer of Estate, and Counsellour of his Majestie; and the Comʳ promised that the ingiver should be censured according to justice, in tyme and place convenient: therefore, both the Commission and the protestation was layd by till the fitt tyme of tryell.

The 23 commission was then read frome the toune of Peibles; the 24 from Middlebie; the 25 from Lochmaben; the 26 from the toune of it; the 27 from Mentoun; the 28 from Penpont; the 29 from Drumfreis; the 30 from the toune of it; the 31 from Kircudbright; the 32 from the toune of it; the 33 from New Gallaway toune; the 34 from the Sanquar toune; the 35 from Wigtoun toune; the 36 from Wigtoun Presb.; the 37 from Stranrawer; the 38 from the toune of it; the 39 from Air; the 40 from the toune of it; the 41 from Irving; the 42 from the toune of it; the 43 from Rosay; the 44 from Argyle; the 45 from Dumbartoun; the 46 from the toune of it; the 47 from Paisley; the 48 from Renfrew toune; the 49 from Glasgow; the 50 from the toune of it; the 51 from the colledge of it.

It was asked, why the Colledge of Glasgow put in 4 in their Commission, when uther Colledges hes but ane, and it was layd by to be examined.

The 52 [Com.] from Rutherglen toune; the 53 from Hamilton; the 54 from Lanerk; the 55 from the toune of it; the 56 from St Androwes; the 57 from the toune of it; the 58 from the Colledge of it; the 59 from the toune of Creall; the 60 from Kilreny toune; the 61 from Anstruther Easter; the 62 from Anstruther Wester; the 63 from Pittinweeme; the 64 from Coupar; the 65 from the toune of it; the 66 from Kirkcaldie; the 67 from the toune of it; the 68 from Dysert; the 69 from Kinghorne; the 70 from Bruntyland; the 71 from Dumfermling; the 72 from the toune of it; the 73 from Culros; the 74 from Innerkeithing; the 75 from Dumblane; the 76 from Auchterardour; the 77 frome Perth toune; the 78 from Dunkell; the 76 from Megle; 80 from Dundie; 81 from the toune of it; 82 from Forfor toune; 83 from Brechen, on the back of which Commission there was yʳ a declaration written in favours of the Laird of Din, Commissioner, subscryved be ane number of barons, and some noblemen to it, beside these insert in the Commission it selfe, who gave consent to the Commission. This writ, on the backsyde of the Commission, was for clearing the sufficiencie of it, in respect that ane vther Commission was granted be the same Presbitrie of Brechen, appointing my Lord Carnagie, ruleing elder, for ane Commissioner; ane copie of which Commission, with ane declaration upon the back thereof was craved be the Commissioner, vnder the Clerks hand, that he might thereby be the better instructed for objecting against any vther Commissions, and might have his mynd cleared in sundrie particulars which might conduce for the furtherance of his Majesties service.

The Moderatour answered, That his Grace should have ane copie of the Commission itselfe, but not of that which is written on the back of it, seeing it is not given as a parte of the Commission, but only a privat thing written by the ingiver, for clearing of his Commission.

The Commissioner said, Seeing that which is written on the backsyde of it may serve to further my masters service, why should a copie of it be denyed to me, seeing my desyre is reasonable? I cannot compell to give it, but, if it be denyed, what can I say but I am vsed in that as in the vther things?

My Lord Rothes said—The pairtie ingiver hes yet in his power to retreat and draw back both the Commission and all that is written upon it; and therefore the Clerk can give no copie nor extract of it till the Commision be authorized and made lawfull in judgement; for, till that, as it is only a privat paper which the ingiver may doe now if he have not a mynd to stand to it.

No, said my Lord Traquair, he may not draw it back, if it may contribute to the furtherance of the Kings service.

My Lord Lowdoun said he may not only draw it back, but ryve it.

No, said my Lord Traquair, seeing it is now produced in judgment; and the

Commissioner eikit—Not only is it produced in judgement, but hes at it the subscriptiones of a number of Noblemen barrons, who we hope will stand to it.

My Lord Montrois said—We will not passe from a jote of that which may serve for the clearing of the Commission.

Therefore, said the Commissioner, that which is written on the backsyde of the Commission, serves to prove the legalitie of the election of the Commissioner, and is used as ane argument to prove the illegalitie of ane uther Commission from the same Presbitrie. Why then should I not have a copie of that which is written on the backsyde of the Commission, seeing I find it serve much for the furtherance of my Masters service? My Lord Yester answered—It is not propper for the Clerk to give ane copie of extract of that which is not insert in the records of Assembly; and only the Commission will be registrat in the bookes of Assembly, when it is approven, but not that which is on the back of it.

The Moderatour eikit—Only that which is given to the Assembly for a Commission, may be craved of the Assembly; but that which is on the back of it is not given for a Commission, or any parte thereof, but only written on the back of the Commission given in accidentallie, and may be obliterat.

The Commissioner asked, how that could be called accidentall which had at it the subscription of 40 hand writtes, and produced in judgement to be read?

The Moderatour said—That on the back of the Commission is only accidentall, and I shall cleir it by ane supposition. There is ane evident given in before the Lords of Session, and on the back thereof there is ane compt written on some privat bussineese of the owner of it. Shall the Lords of Session, or the Clerk, be obliged to give out ane extract of the mans compt? No more can the Assembly or Clerk give out ane extract of that which no wayes belongs to them.

My Lord Forbes said—The ingiver hes power to eike, paire, or draw back at his pleasure, and such Commissions that are contravened are referred to ane vther day.

Mr David Dick said, Let the Ingiver of the Commission be asked, whether that on the back of it serves for approvation of his Commission or not? for, if it be only a probation of it, then that which is on the back should not be read till the time of probation, and for the tyme, only a copy of the Commission may be craved.

The Comʳ asked the voits of the Assembly whether or not a copie of all should be granted.

My Lord Lowdoun answered, that there could be no voiting till the Assembly be established; but so soone as it shall be established, it shall be granted.

Then, said the Comʳ, I take Instruments that such a Commission was given in to be read, on the back whereof there is a written declaration of the lawfulness of the election of the Commissioners of Brechin, and desires it may be keeped in the Clerks hands.

The Moderatour regrated much that the weightie and grave matters of the Assembly should be thus deleyed, and said that it had been better to have wanted all the Commissioners from Brechin; quhereat

Southeske cappit and unreverentlie replyed to the Moderatour, that he wronged them that wronged not him, and whom he had no reason to wrong.

The Moderatour answered—That what he did speake was within the bounds of reason, and he would be answerable for it to the Assembly; neither would [he] have expected from his Lordship such an undeserved censure.

Lowdoun answered—That it was ane great wrong that the Moderatour should be upbraided by any for preferring the publict weill, and the effaires of the Assembly to any mans particular.

Mr David Dick said, That God will trouble the impeaders of his owne work.

This was like to have drawen to a great heat if the Commissioner had not prevented it by commanding them to silence.

The 84 Commission from Ruthentoun was read; 85 from Arbroath; 86 from Montrois; 87 from Arbroth toune; 88 from Mernes; 89 from Aberdeine; 90 from the Colledge of it; 91 from the toune of it; 92 from Die; 93 ________________________; 94 from Ellon; 95 from Turreff; 96 from Kincardine.

Sess. 5.
[November 25.]

After in calling vpon the name of God,

The Clerk went forward in reading the rest of the Commissions; and the 97 Commission, Garrioch, was first read, and billes of Complaint given in against the Commissioner, containing reasons why he should not be receaved as Commissioner, and was referred to tryell. The 98 from Fordice; 99 from Bamff toune; 100 from Elgin toune; 101 from Strabogie; 102 from Forres; 103 from Forres toune; 104 from Innernes; 105 from Innernes toune; 106 from Chanrie of Ross, and a protestation against it by Sir John MᶜKenzie; 107 from Tayne; 108 from the Toune of it; 109 from Dingwall; 110 from Sutherland; 111 from Cathnes; 112 from Orkney, from Patrick Smyth of Braco,[137] and it was castin, being found nather from a Presbitrie, burgh, nor subscriving Minister.

The Moderatour said—Now the whole Commissions are read; and of all there are onlie 13 contravertit; and we have now reason to praise God, that, be the silence of all that are present, the rest of the Commissions are approven, and that, in Gods singular favour, we have place and power to voit and treat of all matters that shall come before us. As for these controverted Commissions, it is now tyme we should examine them.

The Commissioner said—If ye proceed to examination, I shall adhere to my former protestation of libertie to object against any Commission in my owne tyme.

My Lord Rothes answered—It is now fittest tyme.

The Commissioner answered—I find not yet my fitt tyme to make any objections, but seeing tyme reserved to me I will choose it.

Then the Moderatour said—Let the Commissions which are in question be discussed, and begin at the Presbitrie of Peibles, given, October first, to Mr James Bennet, and Laird of Posso, subscryved be the Clerk.

The Commission was read, and a protestation against it, alleadging that that election was not free, for many reasons.

My Lord Traquair craved libertie to speake in defence of that Commission: and

The Moderatour required that he should speake of the Minister who gave in the protestation, with a respect due to a Minister of Jesus Christ, till he was declared infamous.

My Lord Traquair answered—That he had no purpose to reckon for the tyme, but would referre the challenge against him to the Presbitrie; only craved libertie to regrat that so unjustlie he was brought upon the stage, seeing he did attest all the witnesses that were present at the outgiving of that Commission, that he did carry himself humblie and modestlie, as became a good Christian, intending nothing but a free and peaceable election; and that he did not utter any crosse word, or a word smelling of passion or discontent; and he attested God that the matter was as he said. Then he declaired that there was a formall process [extract] of that election in the hands of the Clerk of the Presbitrie, which, being produced, would make it cleare how unjustlie he was accused; which process he promised to produce the next day.

The Moderatour answered—If the process come from ane honest hand, and be clearlie and formallie deduced, it shall have faith; and, if the pairtie protester against the Commission can prove the contrare be sufficient witnesse, he also must be heard.

Mr Lord Traquair answered—It is hard to heare witnesses agᵗ a eldar, and formal process given in by a famous Clerk in writt.

The Moderatour asked at Mr Robert Ellot, (who gave in the protestation,) what he could say? He answered, That it was a vyld imputation layd to his charge, that he should be ane vnjust accuser of such a nobleman; but, sayth he, if I have done no evil, why am I called a basse, ambitious, brybbish boddie, in the hearing of this reverend assembly? But I passe it, seeing my Lord was called a Carpenter, a wine bibber, and ane enemie to Cæsar, and that he had a divel; yet I have said nothing as a libeller against my Lord Traquair, for I was readie to spend my life in his service; and I judged that he should have lyked the better of me, that I should have protested against any thing which seemed to prejudge this Assembly.

The Moderatour asked if the protestation made against that election was made in a Clerks hearing before witnesses, and if it was written and marked?

Mr Robert Ellot answered—That he protested openlie, and desired to be so heard, but it was refused.

My Lord Traquair answered—The process in the Clerks hand will clear all which is ordained to be produced; and if, after tryell, I be proven not to have been ane intruder of my selfe, or ane indirect dealler, seeing I walked so circumspectlie, I crave the wrong done to me may be redressed; for, before God, there is not a circumstance of that which is alleadged true.

The Commissioner answered—If he should continue in his office, he should have the wrong redressed: if not that, he should deale with any to occupy his place.

To that end, my Lord Rothes said—If there be wrong on his parte, the censure of it is competent to this Assembly.

The Commissioner said—I intend not to derogat any thing from the authoritie of this Assembly, but rather would contribut unto it, and preserve it in its oune integritie. But I would not that the Royall authoritie should so suffer that ane officer of Estate, being accused unjustlie, and so wronged, should not be repaired according to Justice.

My Lord Rothes said, that the tryell of this alledged wrong is only competent to this Assembly.

The Commissioner answered—I doubt not but the Assembly will doe to my Lord Traquair what is right; but I speake of the King’s right, and I know the Assembly may only judge in ecclesiasticall matters.

My Lord Traquair said—I declyne not the Assembly as judges in this matter; for I am content to subscryve ane blank paper, to be filled up by the Assembly; yea, I darre remitt the tryell of it to any Member of the Assembly.

The next Commission that was examined was from the Colledge of Glasgow as singular, containing four Commissioners, when other Colledges hath but ane, according to the act of Assembly.

The Principall, Doctor John Strong, craved the production of the Act; and after that the Act was considered, it was found that Colledges could have no privilidges above a Kirk, and therefore, ane act was sett downe, that ane colledge should have but ane voit in ane Assembly.

The 3d Commission from the Colledge of Glasgow was layd by till the Commissioner should find a fitt tyme to object against it.

The 4 from the Presbitrie of Ross. It was objected against it that it was onlie ane parte of the Presbitrie of Irwing, and it was acknowledged to be so of old, but was now disunited by the Bishop of Iles, as was alledged; but becaus it was not clearlie instructed, neither yet had beene in use to send Commissioners to former Assemblies as a presbitrie constitut, It is ordained that the Commissioners now sent shall have no voit in this Assembly; and becaus of ane large distance of place, and sea betwixt it and Irwing, it was thought fitt that hereafter it shall contribut a presbitrie of itselfe.

The 5 Contraverted Commission from the Presbitrie of Brechin, which after reasoning much too and fro, the tryell of it was referred to a particular committee—

Masters	Andrew Ramsay,	Robert Douglas,
	David Dalgleesh,	John Robertsone,
	James Bonar,	Alexʳ Somervell,

with power to them to take the oathes and deposition of the thrie Ministers Commissioners for clearing the matter, and reporte the diligence to the Assembly.

The 6 Commission, from Kincarden presbitrie, was examined; and being found that the Commissioners were not elected in the ordinar Meeting place, nor in the ordinar tyme, but only by the Bishop in ane uther place, and ane uther tyme, and without the consent of elders, and without the knowledge of particular Kirks, therefore it was rejected.

The 7 Commission, from the Presbitrie of Aberdein, after tryell, was approven, and Mr James Harvie and Doctor Barrons was rejected, as done nather in place nor face of a Presbitrie, without any advertisement to the congregations, and being only subscrived at that tyme by themselves, who wer Commissioners, and by thrie uther Ministers thereafter, in their owne houses.

8. Anent the Commissioner of Garrioch, Mr Androw Logie, sundrie complaints being given in against him, wer remitted to a Committee—viz., Mr Andrew Cant, Mr James Martine, Mr Thomas Mitchell, and Dr Guild.

9. The two Commissions given in from the Chanrie of Ross. The Laird of Tarbet produced ane Instrument against Mr Thomas MᶜKenyies Commission, and assured the uther lawfull Commissions were comeing. The said Mr Thomas being rejected, produced a protestation against the Constitution of this Assembly of Ministers and elders.

My Lord Rothes asked instruments, and protested that such a Complaint and protestation was given in by the said Mr Thomas. The Commissioner also tooke instruments of the production of it.

Mr Andrew Ramsay offered presently to prove from Scripture, antiquitie, consent of uther reformed Kirkes, standing practices of our aune Kirke, and bookes of Assemblies, that ruling Elders are lawful and necessar Members of ane Assembly.

The Commissioner, acknowledging his owne weaknes for disputeing of that question, promised, in a convenient tyme, to bring foorth some who would dispute against ruleing Members, as no lawfull Members of ane Assembly.

The last question, about the Commission from Orkney was declared null, having no consent of Presbitrie, nor subscription of ane Minister, toune, nor colledge.

The Moderatour answered—Now the whole Commissions are examined, and found good, except some few. It is now expedient that the sufficiencie of the Kirke Registers be cleared, that they may be declaired authentick.

The Commissioner answered—It is a good work; but I have some scruples not yet removed.

Then, said the Moderatour, Let some be appoynted for tryell of the Registers; for the Assembly being now fullie constitut, after the examination of all contraverted Commissions, may give their Commission for tryell of the Registers, and let their testimonie anent the perfection of the bookes be given in the morne.

Masters	Masters
Andrew Ramsay,	John Adamsone,
John Row,	James Bonar,
Robert Murray,
Alexʳ Gibsone, yoʳ of Durie,
Alexʳ Wedderburne, Clerk of Dundie,
Alexʳ Pearsone, Advocat; with such uthersas they please to joyne with themselves.

Sess. 6.
[November 26.]

After in calling upon the name of God,

The Moderatour said—Let us begin where we left, at the tryell of the record of Assemblies. There was a Committie appoynted yesternight to give in their testimonie anent the authentickness of the Registers. If it please your Grace, let their answer be heard.

The Commissioner having assented,

The Moderatour called upon these who wer appoynted for the examination of the Registers, to report their testimonie.

Durie said—Please your Grace and this reverend Assembly, We shall either give in our reasons be word or writt.

The Commissioner said—I desire to heare them give them in any way ye please.

Then the reasons of the authentickness of the Registers were given in be writt, and read by the Clerk.

The Moderatour said—Please your Grace, here is the testimonie of these that have skill in trying the Registers better nor any here present can relate. Hes your Grace gottine satisfaction?

The Commissioner answered—Verillie it is a matter of verie great importance, and there shall be no man more glad nor I, to see the Registers of the Kirke found reall, and proven to be authentick. I am far from contradicting anything these worthie gentlemen hath done; for it were impertinent so to doe. I can say nothing at the first hearing of a paper read; but it may be, that many scruples come in my mynd concerning them; yea, I have alreadie, whereof I am not resolved. This is the first tyme that ever I heard it read, and, therefore, I cannot give my judgment of it. I must confess my ignorance in thir things; and, therefore, I must be verie loath to give my assent or approbation to anything wherein I am not both clear and persuaded.

The Moderatour said—Hes your Grace any scruples to propone for the present?

The Commissioner said—I must think upon all before I propone them.

The Moderatour said—I would desire this reverend Assembly, that if there be any here, noblemen, gentlemen, ministers, that if they have any thing to say agˢᵗ this information concerning the authoritie of the Registers, that they would propone them, either now by word, or in a short tyme by writt, that this Assembly may make a declaration that they are authentick; and, if no objection be made against them, we will take your silence for an approbation of their authoritie. If ye have any thing to say, bring it foorth presentlie; if not, produce it in writt against the morne.

The Commissioner said—I am verie confident that there is not the Regents hand writt.

Durie answered—If it was not his hand writt it wᵈ have sic subscribitur, as all uther copies uses to have. I will not affirme that everie reason given for proving the authoritie of the bookes is unquestionallie good; but que non prosunt singula, multa juvant. I daresay this farre: all the Registers of Sessioun, Counsell, and pryme judicatories of this kingdome, are alse farr short of the Registers of the Kirke, as these Registers are short of these things treated here.

The Commissioner said—Truely, sir, I cannot but acknowledge these reasons hath cleared verie much, and verillie they have removed many scruples that myself had before the hearing of them; so that I will not contradict them: but I still doubt if that subscription be the Regents hand.

Moderatour said—If there be any brother that has any copie of James Richie, or John Gray, clerk to the Assembly, their hand writt, let them produce, to give farder information to confirme this information; for, possiblie, some minister or uther that hes some record that may give testimony and approbation to this hand writt.

Then Mr John Row produced ane copie of severall acts of the booke of Policie, written be the said Mr James Richie, and subscryved with his hand; ane uther brother of the Presbitrie, which he had keeped himself now 52 yeares; and the hand writt of the Assembly Booke and the Copies being compared, and seene be the Commissioner himself, they were acknowledged to be ane hand writt.

The Moderatour said—If any man have any thing to oppose against these bookes, let him now bring it foorth, that ane Act may be made; for, if no man produce anything, they will be acknowledged be the Assembly to be authentick hereafter.

Then the Moderatour, professing his owne insufficiencie for so weightie a charge as was now layd upon him, craved that some assessours might be nominat to joyne with him in a privat conference for ordering of matters to be proponed in Assembly.

The Commissioner answered, that he would not oppose any laudable custome of former Assemblies; but let the Clerk and Lord Register mark that my assent be no wayes prejudiciall to my masters right.

Mr David Dalgleish said—I have seen Assemblies of old, and such pryme conferences, according to my poore observation, hath wrought great prejudice to the Kirk; therefore, I would wishe that all were done by a voluntar consent, and by the concurrance of the whole Assembly.

Moderatour answered—Please you, the advice of the Privat Conference has done harme to the Assembly, but not the use and institution; for, of its inowne nature, [it] is very helpfull. They aught, deed, to keepe themselves within their owne bounds, and doe nothing that may be prejudiciall to the Assembly; but doe yee think it is possible for a man to propone matters for so great a meeting without assessours?

The Assembly declaired, there needed no Act be made for assessours, but that the Moderatour may choose at his owne discretion, some few to assist him in the ordering and proposition of matters; whereupon the Moderatour nominat—

Mr Hary Pollock, Minister at Edinburgh.
Mr John Adamsone, Principall of the Colledge thereof.
Mr David Dick, Minister at Irwing.
Mr David Dalgleische, Minister at Coupar.
The Earles of Rothes and Montrois.
The Lords Lindsay, Lowdoun, and Balmerino.
Sir William Douglas of Cavers.
The Laird of Keir.
The Laird of Haughton.
James Cochrane, burges of Edinburgh.
James Fletcher, Provest of Dundie.
Mr Robert Barclay, Provest of Irwing.

My Lord Lowdoun said—Please your Grace, these assessours are only to advise what is to be done first, and what next, for greater expedition and acclerating of buseinesse.

The Commissioner said—I have alwayes bene carefull to eschue the speaking of any thing that might impede this great and good worke, and so shall I still be; yet must I be carefull that my silence be not prejudiciall to my gracious Master and Soveraigne; and, I hope neither your disposition, nor any here present, intends any wrong be what they say or doe, to auctoritie. But I have bein told that the overtures and proponing of matters doe principallie belong to his Majestie, what he thinks fitt to be agitat in the first place, in the midle, and in the last place; therefore I cannot passe by my just protestation, that this prove no wayes prejudiciall to my Masters service, and I receave no imputation by saying nothing. Whereupon his Grace tooke protestation.

The Moderatour said—Your Grace needed not to have protested, seeing the Assembly was content that everie thing done in the Assembly should be done with his Graces consent.

My Lord Rothes protested that the ordering and proponing of matters pertained only to the Moderatour.

The Commisioner said—Indeed I am well pleased to heare that from yow; but I must be carefull of my Masters right; and I hope it shall be seene to future ages that I have bein ane honest and trustie servant to my good and gracious Master.

The Moderatour desired his Grace to condiscend upon an houre for the Meeting of the Assessours formerlie nominat, and said it was the custome to meit in the Morning before Sermon.

The Commissioner said—I am told that the tyme and place uses to be appoynted be his Majestie or his Commissioner, who was alwayes present at these privie conferences; and therefore I protest that I be present at them all.

The Moderatour said—We shall be verie glad of your Graces presence and assistance; for we hope your Grace will be a helpe and not a hinderance unto us. Therefore lett us know the tyme and place which seemes to be most convenient, that the tyme be conforme to the dyet of this Assembly.

The Commissioner said—When my leasure can serve, I shall be readie to give attendance.

The Moderatour asked the opinion of some of the brethren. Mr Robert Douglas, Mr James Bonar, Mr Andrew Cant, Mr John Bell, said, that the tyme might be appoynted by the Moderatour; but it must be advertit that nothing be determined in these privie conferences, nor any thing prejudiceall to this free Assembly; but only that matters be ordered and digested be them, that soe things might be rightlie proponed in the Assembly.

The Moderatour said—I was present at these Conferences, at ane Assembly in Aberdein In 1616, and they tooke very much upon them, for all matters were concluded and determined; that the privie Conferences satt 3 or 4 houres, and the Assembly satt but ane houre, and intimation was only made in the Assembly of their Conclusions, and the Assembly was asked if they had any thing to say against it; but I hope they shall hold themselves within their bounds.

The Moderatour said—There uses some to be naimed for receaving of papers and billes that are to be given in, becaus it will not be convenient that the whole Assembly be troubled with everie particular complaint; therefore let some be nominat for vieuing of the Billes, that hes best skill in matters of this kynd, that they may report to the Assembly, what is pertinent to be handlit here, and what not.

The Commissioner said—There is nothing that hes bein the order and custome of Assemblies but I shall heartillie consent unto it.

The Assembly appoynted for receiving of Billes, &c.

The Moderatour desyred that the rest of the Commissions that were not cleared and approven, might now be examined; and first he desyred to hear the report of these that were on the Commission for Brechin. They answered that they were not sufficientlie instructed.

The next was Commission from Peibles.

My Lord Traquair said—For clearing of the sufficiencie of this Commission, ye may see the whole process under Mr Patrick Purdies hand, Clerk to the Presbitrie, who is here present.

Mr John Bennet said—We, the Commissioners of Peibles, have hitherto been silent; now we desyre to be heard, and that this reverend Assembly would take this matter to their Consultation; for here is ane whole Elderschip accused by ane man, whereas the Scripture sayes—“Accuse not ane elder but under the testimonie of two or three witnesses;” and this Man, ane of our bowells, of whom we expected better things, hes now brought us on the stage, and spitted on our face, and brought us in suspition, by surmizing speaches, and open challenges; and this he hath done under pretence of zeale for the freedome of this Assembly, quhilk God forbid we should prejudge. We are heir, Men, haters of vyce and lovers of veritie, willing to give all our concurrance to everie good worke.

The Moderatour said—It is not an accusation, but ane Protestation; and it will appeare by the determination of the Assembly, whether he hath done wrong or not.

My Lord Traquair said—I know certainly they have a Commission most warrantable; but since now it is contradicted, I submit myself to the judgement of the Assembly; and I crave that the whole proces may be read to the Assembly, that it may be knowne on whose parte the fault is; and if it doe not clearlie improve what Master Ellot hes said, and make good what I have said for myselfe, or if there be a syllable or circumstance of that quhilk he alledges true, or if ever I have a thought in that kynd, I were not worthie to come amongst Christians, let be to come here; for it is impertinent, if not impudent, for a man to intrude himselfe in such an action as that which is against all conscience and dignitie. But I propose not now to use any recriminations.

Mr Robert Ellot said—My Protestation is not accusation or challenge against any mans persone, but agᵗ the informalitie of the election of the Commissioners, least this Assembly should be challenged afterward for admitting such a voice in matters as was not instructed with sufficient Commissions. Alway I am sorry that my Lord Thesaurer should be offendit. I thought his Lordship should not have been offendit; for, God is my witnesse, I neither intendit, neither have I given any occasion of offence.

My Lord Traquair said—I submitt to the judgement of this honourable company, if this be not rather an accusation nor a protestation, and that in a high streame, challenging me for intruding myselfe in that bussines after so unjust a way; but neither this assertion nor myne can take away ane judiciall act. I hope both our partes shall be cleared be the Proces quhich must have faith, except ye will offer to improve the writt, and prove the Clerk to be false.

The Moderatour said—It is possible he may give some information for himselfe, which will not contradict but may subsist with the proces.

Then the proces was given to the Clerk and read.

Traquair said—I doe not say but my judgement may differ from Mr Ellots or any other mans; but if thare hes been any illegall way usit by me, I am readie to answer according to law and reason; but if his judgement doeth not goe alongst with me, I hope this will be no reason to condemn myne for it; and when this honourable meeting hes considered this proces, if they be not satisfied, I will submitt myselfe to their judgement.

Moderatour said—That Mr Ellot had nothing to say against the proces; quherupon the Thesaurer tooke Instruments, that Mr Ellot acquiesced to the trueth of the proces.

My Lord Yester requyred that these who were present might be asked concerning that quhilk Mr Robert had alleadged; for he sayes nothing contrare to the proces, but something more nor is in the proces. And he hath given in a protestation only, and not ane accusation; and when I posed him straitlie, what moved him to give in the protestation, he tooke God to witnesse that he did it out of conscience and love to the good of the Cause.

Traquair said—My Lord, let me speake as good friends and Christian subjects ane to another.

Yester answered—I desire earnestlie it may be so; but it may be I cannot speake so pleasantlie to your Lordship as I would, be reason of this throng about.

Traquair said—I take it to be a clame and accusation against the formalitie of the election; and what is in the proces, I remitt it to the judgement of the Assembly, and if any thing be called in question which the proces cannot cleare, I shall justifie ane uther way.

Sess. 7. 29 Novʳ 1638.

After in calling upon the name of God,

The Moderatour said—We left at the testimonie which was given by skilled men who wer appoynted for trying of the Kirk Registers, and their testimonie was read in your hearing; and we requested all to bring in this day, their objections and scruples concerning these registers: now we crave that ane who pleases would object; for if no man object, an act or record will be insert in the bookes of the Assembly, declairing that these bookes are authentick.

The Commissioner said—No man here shall have greater joy nor I, to heare the registers of the Kirk perfyte, and no man shall contrubut more to it then I, being a matter of so great importance or weight; for upon the acts set doune in these bookes very much depends. But becaus ye have heard [objections] be the Lords of Clergie made, and their adherents, against the legallitie of the proceedings of this Assembly, I am tyed yet to say somewhat; and I am sorrie that I must protest against that in word which my heart desires not. Sore greeved I have reason to be to protest against so good a work as is the restoreing to the Kirk of her records; yet considering many causes which now I will not expresse, I am forced to protest against it: ffor albeit these bookes may be found authentick be the consent of this Assembly, yet may I doe nothing which may import either his Majesties assent to it or myne; and therefore heir I make protestation against.

The Moderatour said—We only crave the Assemblys approbation; and if the pretendit Bishops or any uther will take upon them to improve these bookes, or any parte of them, they shall be heard. It is pittiful there should be such a rent in our Church, so fearful, and that any point of the cause of it shall be imputed to authoritie, if we consider what a sweete unitie was ance in this Kirk. To clear this unitie, I will read a testimonie out of the preface of the booke called “The Harmony of the Confession of the Reformed Kirkes.” After the reading of it in Latine, he exponed it, shawing the rare priviledges of the Kirk of Scotland beyond other Kirkes; that for the space of 54 yeares it remained in puritie of doctrine and discipline, without any errour or schisme, and gave a reason of it; becaus the Kirk of Scotland was reformed in doctrine and discipline according to the word of God: so it is clear, the Kirk ance had unitie, and it is clear also by what meanes and Instruments schisme hes come in.

The Commissioner said—I pray God the Kirk may enjoy this puritie 40,000 yeares more, if the world should endure so long; yet I must protest, in more pathetic words, against the authoritie of these bookes (for I did it in modestie before); albeit, I would give my estate and venture my life in furthering the Church to be restoired to her registers; but becaus of the manyfold exceptions I have against the way of the meeting of this Assembly, and against sundrie persons which are Members of it, I protest heir, that neither the Kings Majestie nor the bishops be wronged be any act in these bookes, and that they are not obleist be the acts of any booke, which is not subscryved be the Clerk of Aberdein.

My Lord Rothes said—Your Grace promised to propone some scruples against these bookes, wherin your Grace was not yet satisfied, which we desyre to heare; for they are found, of all who have tryed them, comparatively authentick, and utherwayes also.

Moderatour said—We are sure if his Grace had perused these bookes, he would approve them also.

The Roll being called be the Clerk, the Moderatour asked if the brethren did approve the registers? Who answered that they did; and desyres that reasons of the approbation might also be insert in the bookes of the Assembly, and that there was not any protestation made be his Majesties Commissioner. They desyred also that the Bishop of Sᵗ Andrews might be summonded for the production of these bookes which are wanting.

The Moderatour said—Ye heard of a declinatour given in be the pretendit Bishops and Archbishops, containing many divers crymes and challenges agᵗ the Members of this Assembly; therefore it is desyred that some paper may be read containing some answers to many pointes of their declinatour, and not a full answer, such as shall be given in hereafter; only this shall serve to give some answer, &c.: which two papers being read be the Clerk,

The Commissioner said—I did not expect an answer to the Bishops declinatour and protestations, seeing the declinatour was only presented to me, wherefore ane answer from the Assembly was needless.

The Moderatour answered—The inscription of the Declinatour sayth, “A Declinatour to be red before the Assembly,” and therefore ane answer must be given be the Assembly.

Rothes said—There is no more pertinent matter to be handlit in the Assembly then that declinatour, which in it hath so many criminations against the Members of it, and alleadges wronges in the Constitutions of it.

Mr Andrew Ramsay said—Your Grace hes als good reason to answer and object against the bishops declinatour as any in this house; becaus in it they declyned the Kings Grace and his Commissioner, be thrie testimonies cited be them, and will not suffer him or any other King or Emperour to hold voice in Assembly, saying, “Nemo preter Episcopos debet se ecclesiasticis protractibus immiscere.”

The Commissioner said—I thinke they have no intention to declyne the Kings Majestie as judge, seeing sundrie pairtes of their paper declaires their reverend subscription to his Majestie. But I will not wrong these reverend Lords be my disputing of their cause, who am so insufficient for it; but if I thought they intendit any prejudice against my Master and soveragne, I would protest als soone agᵗ them as any.

Then the Clerk was desyred to read some answers made to the Prelats and some Ministers objections in their declinatour and protestations against ruleing elders had any voice in the sentence of excommunication.

The Moderatour answered this—The Presbitrie hes it, and they as members of the Presbitrie. Further, he said, these papers being unperfyte, and not having fully exped all that is to be answered to be the bishops declinatour and protestation agᵗ Elders, there is the more to be expected; and in the meanetyme we are obleist to God that the lyke declinatour and objections wer given in be the remonstrances against the Synod of Dort; so that we neid no uther answer to the bishops objections then these the Synod of Dort made to these remonstrances.

Then the Moderatour red the answer out of the booke of the Synod of Dort, and said, this is Judicium Theologorum magne Britanniæ.

The Commissioner answered—Heir is a man by me, who desires to make answer of that which ye have red from the Synod of Dort.

Balcanquell asked libertie to speake, seeing he was not a Member of the Assembly; pleading so farre, of the caice of the remonstrances and our bishops was different in two maine respects—therefore the same answer could not serve the bishops declinatour, which was most valide agᵗ the remonstrances:—first, becaus the matter of the remonstrances accusations was anent points fundamentall, such as election upon foirseene faith,—universalitie of Christs death, and co-operation of Gods Grace with our will—resistabilitie of Grace,—the finall apostacie of the saintes: in which pointes, and uthers of that nature, are all bound, under the paine of damnation, to betake them to the one syde; and therefore the remonstrances could not justlie declyne the Church of the Low Countries in questions of that nature, though they had before that Synod, cleared themselves to the contrarie; for if any such exceptions are of force to declyne a Nationall Assembly, of necessitie they behoved to be referred to the judgement of strangers; but the questiones in the Church of Scotland were not anent fundamental poynts of religion, which, by our Confession, are declaired to be eternal and unchangeable, but anent matters of policie and order, which the twenty first article of our Confession shawes to be alterable. Secondly, he excepted that the Kirke of the Low Countries had not before that Synod, bund themselves by oath and subscriptioun, against the doctrine of the remonstrances, as we in the Kirke of Scotland had done against the bishops, and the causes depending betwixt us and them.

The Moderatour said that it was a questione of great difficultie, to decerne what pointes are fundamentall and what not; and, if this whole Assembly were sett to it, it would take them to the morrow at this tyme. Secondly, That Synod of Dort did not pronounce these pointes controverted betwixt them and the remonstrances to be hereticall, but only to be erroneous. Thirdly, Doctor Feild, and uthers, distinguishes errours in two fundamentall poynts about the foundations of these that are more remote, and preter fundamenta. In the first sort, meir ignorance was damnable, but, in the third, obstinacie, as Doctor Feild instances Pauls cloake, what became of it, or whether Onesimus was Pauls Servand now. Now the Moderatour assumed that Dr Balcanquell would not affirme that sinne ignorance of these pointes of Arminianisme was of the selfe damnable. Fourthlie, Our Church holds, that all the maine poyntes of her discipline ordour, were warrantable by the word of God; and that, be God’s grace, we are able to prove it to be so; for the second article of our Confession, declareing Ceremonies to be alterable, it is to be exponed only of the circumstances of the tyme and place.

Mr David Dalgleish addit two answers farder:—1, Antient Counsell had proceedit, and finds themselfes competent judges, even when matters of inferior degree are questioned, as in the questions of Novatus and Danatus. 2, That the Bishops wer indytit for poyntes of heresie, such as the Doctor acknowledged to be fundamentall poynts—to witt, poynts of Poperie and Arminianisme.

Then the Moderatour said—Seeing, in Gods providence, this Contestation is tymeouslie fallen in, it is fitt that this Assembly should voice, whether they find themselves competent judges to the pretendit Bishops, notwithstanding of the Declinatour and Protestation?

The Commissioner said—I find in myselfe a great contrarietie—causes of joy, but greater causes of grieff; causes of joy, that I am able, before God and all that heares me, to make good all the whole offeris his Majestie hes made to this Kingdome, be severall proclamations and declarations, and more also. But I have sorrow that I cannot goe on so as to bring matters in hand to such ane peaceable end as I would; therefore, before ye proceid further, I will renew all my protestations, made in name of my Master, and Lords of Clergie, here. I will present unto yow his Majesties gracious pleasure, signed with my owne hand by his warrand.

Then the Clerk tooke and red it, and it containes a discharging of the Service Booke, Booke of Cannons, High Commission; ordaines the 5 articles of Perth to be no more urged, and gives libertie to the present Assembly to represent their judgment of these articles to the next ensueing Parliament; and that no oath be taken of ministers but that which is insert in the Act of Parliament. It promises Generall Assemblies to be indicted als oft as shall be found expedient. It showes that his Majestie is content that the bishops be censured be the Generall Assembly, and that he intends no change of Religion. It hath a command to subscryve the Covenant and band made 1580 and repeited 1589. After the reading of it,

The Commissioner said—Now, I hope all these to all aspersions, anent change of religion, are declared to be unjust; so, if any change of religion had bein intendit, this Assembly had never been granted, nor yet these offers made unto yow. I am entrusted with a full commission for the preservation of religion, punishing of vyce, and to consider of all the just exceptions against the Bishops and Episcopacie, and have power to rectifie all the abuses of that office, so farr as that sort of government may still remaine in the Kirk, as government not contrare to the word of God; and anent the practice of this and uther churches, I have power to limite it so, that it shall not be able to wrong the church; and, if they wrong it, they shall be punished: yet, my commission is more ample than I will expresse. But, seeing I have not found that respect dew to ane Commissioner, and know what prejudicat opinion these here hes of me present, and, when I consider what directions were sent from the Tables of Conveiners of Meetings at Edinburgh to presbitries, be noblemen, gentlemen, ministers, and uthers, it gives me just occasion to declair, that I can give no consent to any thing that is heir done; and to cleare what I have said, I present heir two uther papers, ane sent from the Table at Edinburgh to presbitries, the uther from persons to their friends, and I desyre they may be red. I cannot designe the men who sent these papers; but sure I am these papers are sent, dispersed through the kingdome, and that mens proceedings are according to the directions of these papers; for there is not a Commissioner chosen but Covenanters, or, if any uther be, there is a protestation against him, or else they are chosen becaus none other could be found. I find, also, ane absolut resolution to mentaine the lawfulnes of the election of ley Elders, to voit here, and the election of ministers by ley Elders, and everie thing in this Assembly going on contrare to the practice of all former tymes and positive lawes of this kingdome: Therefore, I can acknowledge nothing to be heir done by the voit of such men. In the meane tyme, I desyre that this declaration of the Kings will, may be insert in the Bookes of the Assembly, as ane testimonie of his Majesties sinceritie in religion, and that he hath no intention of any change in Religion, and is readie to perform all that is here promised, and what further may conduce for the peace of the land, and especiallie, that Assemblies shall be indicted als oft as the affares of the Church shall requyre.

The Moderatour his Speach to the Commissioner his Grace.

It weell beseemeth us, his Majesties Subjects, conveened in this honorable Assembly, with all thankfullnes, to receave so ample a testimonie of his Majesties goodnes, and not to disesteeme of the smallest crumbes of comfort that falles unto us of his Majesties liberalitie. With our hearts doe we acknowledge before God, and with our mouth do we desyre to testifie to the world, how farr we think ourselves obleist to our dread Soveraigne; wishing that the secrete thoughts of our hearts, and the way wherein we have walked this tyme past, wer made manifest. It hath bein the glorie of the reformed Churches, and we accompt it our glorie after a speciall maner, to give unto Kings and Christian Magistrats, what belongs unto their places; and as we know the fifth command of the law to be a precept of the second table, so doe we acknowledge it to be the first of that kynd; and that nixt to pietie towards God, we are obleist unto loyaltie and obedience to our King. There is nothing due unto Kings and Princes, in matters ecclesiasticall, which, I trust, by this Assembly, shall be denyed unto our King: ffor, beside auctoritie and power in matters civill, to a Christian King belongeth, first, inspection over the affaires of the Kirk, et debet invigilare not only super ecclesiasticis sed super ecclesiastica: He watcheth not only over Kirkmen, but over Kirk matters. Secondly, The vindication of Religion doth also belong unto the King, for whom it is most propper, be his Majestie, to vindicat Religion from contempt and all abuses, he being keiper also of the first table of the law. Thirdlie, The functions, also, are in his Majesties hand, to confirme, be his royall auctoritie, the Constitutions of the Kirke, and to give them the strenth of a law. Fourth, His Majestie also hath the power of Correction: he both may and aught compell Kirkemen in the performance of their dueties which God requires of them. Fifthly, The Correction, also, must be from the Prince, who hath power from God to coerce and restraine them to his terrour and auctoritie, from what beseemeth not their places and callings. Sixth, The Christian Magistrat, also, hath power to convocat Assemblies, when they find that the urgent affaires of the Kirk doe call for them: and in Assemblies when [they] are conveened, his power is great, and his power aught to be heard—first, as he is a Christian, having the judgment of discretion in all matters debateable and contraverted; next, as he is King or Magistrat, he must have the judgment of his eminent place and high vocation, to discerne what concernes the Spirituall weill and Salvation of his Subjects: and, third, as a Magistrat singularlie gifted with more then ordinarlie, gifts of knowledge and auctoritie; and we heartilie acknowledge that your Grace, as his Majesties high Commissioner, and representing his Majesties Royall persone, hes a cheefe place in this reverend and honorable Assemblie—first, as a good Christian; next, as ye are his Majesties great Commissioner, and third, as ane endued with singular graces, and after a speciall manner, fittest for this employment. Far be it from us to deny any thing that is done to these who are in supreme auctoritie, or to such as are subordinat unto them and delegat be them. When Alexʳ the Great came to Jerusalem, he desyred that [an] Image might be sett up in the temple, which the Jewis modestlie refuised as inconsistent with the law, which was the law of God, but libertie offered in their power, and more honourable for the King, that they would begin the reckonings of the tymes from his coming to Jerusalem, and would call all the first borne sons be his name. What is Cæsars or what is ours, let it be given to Cæsar, but [let] the God by whom Kings reigne, have his owne place and prerogative—be whose grace our King reigneth and we pray may long and prosperouslie reigne over us.

The Commissioner said—Sir, ye have spoken as a good Christian and duetifull subject.

The Moderatour said—Indeed we take this to be a free assembly indicted be his Majesty, and we trust that all thinges in it shall be so moderat, that the word of God and reason shall seeme to proceed in everie thing, and that we shall not goe forward ane steppe, but as a clear light shall be holden out before us; and we trust to make it evident to all men that we cannot not darre not walke in ane uther way, and we are hopefull, that such a righteous King as ours is, needs nothing but to have a clear trueth pointed out before him, and when he sies it, he shall fall in love with it.

The Commissioner said—I am hopefull that ye will proceed so as ye are obledged by your oath of alleadgence, and I trust that all his commands shall be found to agrie with Gods commands.

The Moderatour said—It is our heartie wishe it be so; and we rander to his Majestie heartie thankes for this Assembly, and we trust that, be Gods assistance, in nothing shall we pas the bounds of a free Assembly.

My Lord Lowdoun eikit and said—As your Grace hath declaired his Majesties graceous pleasure, to the contentment of all the hearers, in condiscending to many points of the petitions of his subjects, for the which we heir rander, as the Moderatour hath said, heartie thankes; and we humblie desyre ane copy of the Prelats paper, conteining so many criminations against us, opposing this lawfull constitut Assembly, that we may consider it and censure it, and thereafter the giving of it, according to the word of God and Constitution of this Kirke, may cleare ourselves of all the imputations layd to our charge.

The Commissioner said—It hath a claus in it, as I remember, bearing registration; therefore ye may get it.

My Lord Lowdoun said—But we crave that we may have ane copie of it, with your Graces allowance, out of the Clerks hands.

The Commissioner said—I will not hinder yow to cleare yourself of any imputation layd to your charge; but I will not suffer yow to goe on in censureing the prelats as I wishe I might.

My Lord Lowdoun said—We trust that all our proceedings against them shall be found frie of partialitie.

The Moderatour said—As before I asked if the bookes and Acts were the rule whereby their faults should be censured, Sir, now I ask if this Assembly finds themselves competent judges to the Prelats?

The Commissioner answered—If they proceed in the censure of their persones and offices, I must remove myselfe.

The Moderatour said—A thousand tymes I wishe the contrare; and I intreat your Grace to heare the voites of this Assembly in this matter, seeing it belongs to the Assembly to be judge of their Constitutions.

The Commissioner said—I must not wrong myselfe, and much more the great bussinesse I am entrusted with, if I should argue the question with such a learned man as yow are; but I thinke it strange, notwithstanding the exceptions, documents, protestations, and declinatours usit be me in name of my Master and Lords of the Clergie, that they can take this matter to the consideration of the Assembly. Surely it is not the Bishops but the King ye have adoe with?

The Moderatour said—I must yet ask if this Assembly finds themselves competent Judges?

The Commissioner said—I wish that question mar be deferred this tyme.

The Moderatour said—It is only the fitt tyme to propone this, after the reading of the declinatour; and I am only a servand to this Assembly, and can doe nothing at myne owne hand.

The Commissioner said—I can tax your carriage in nothing you have done, as a wise and discreit Gentleman; but I see now that this Assembly hes determined to go on for all that can be said; therefore I may no longer keepe silence, but oppose myselfe unto it.

Rothes said—It seemes that the Commissioners Grace hath exceptiounes against this Assembly—for two reasons—first, becaus too many ruleing Elders have voice in it; to which I answer, there are no more nor are warrandit be the word of God, practice of uther Kirkes, and positive law of this Kirke; and if that any yet thinke that Elders should not have voice in this Assembly, alse free as any in former tymes, let them cleare it be good reason, for we are yet readie to dispute the matter. The uther exceptioun his Grace seemes to have against this Assembly is, that he thinkes partialitie will be used heir, and that matters are determined by us before hand, as his Grace hath laboured to cleare be his two papers that are red, which are said to come from the Tables at Edinburgh; but we deny these papers to be ours; and heir I produce the two verie true papers which came from us, which have no thing in them so absurd as is said to be.

The Commissioner said—I excepted not agᵗ your privat, but against your publict papers.

Rothes answered—There came no papers from ws but these two be me produced; and if any uthers there be, they are only the advice of privat men to their privat friends; and if any thing be worth the challenging in these papers, let the author of them answer for it. And now we crave and humblie entreat your Grace if there be any exceptiounes against our former proceedings, that they be declared; for we are verie hopefull to justifie all we have done to the full, and that we shall be able to defend all as warrantable: for we never intendit but to proceed according to the word of God and lawes of this Church and Kingdome.

The Commissioner said—Your refuiseing to give voit in this Assembly to the Kings Assessours, is enough to prove the contrare, if there were no more.

Rothes answered—Their voits is contrare to the Constitutions and liberties of this Kirke, and therefore our refuiseing must not be taken in evil pairt.

The Commissioner said—That the Kings Majestie hath bruiked the priviledge of having assessours to voit in Assembly these 50 yeares past, and why not in this Assembly, seeing our King hes showen such myldnes and benignes, and hath not uttered any angrie word since I came to this Kingdome?

Rothes replyed—As we acknowledge that he hath beene a good and graceous King, so whatsomever is competent to be done to such a King, shall be done by us, to witt, at his willing, obedience heartilie prayes and wishes that he may lang and prosperouslie reigne over us; and if we doe not so, let not Gods blessing be upon us. But we must so proceed as this free Assembly be not prejudged, nor the liberties of this Kirk impaired, seeing we must make answer to ane higher judge. If the privilege craved were in matters that were in our power, we would soone have yealded; but seeing they are not, I thinke we should be excused.

The Commissioner said—Seeing ye will not give to our King what was given be our predecessours, I cannot thinke ye will have that obedience ye speake of.

Rothes answered—Obey we will, in everie thing dew to his Majestie, be the word of God and lawes of this Kirk, and shall be readie to thrust out of doores all such as will be utherwayes. But if that which is now craved was given in former tymes, not by a right law but by a corrupt practice, and matters were caried utherwayes in his Majesties absence then they should when many moe corruptions, as now to be redressed, why not that amongst the rest?

The Commissioner said—It is enough for us to prove that he had Assessours.

My Lord Rothes said—Let your Grace say that he had be right, and we shall agrie to it.

Moderatour said—Thinkes your Grace of these worthie and Noble Lords that sitt by yow, that this is refuised out of any disobedience to our King, or disrespect to these Nobles, but from a respect to God and his Kirke, and these Commissions may verie weill agrie?

The Commissioner said—No man may thinke but our graceous King will mentaine the liberties of his Kirk in all heartie and sincere wayes as any of his predecessours, and thinke he nowayes intends to incrotche vpon the liberties of the Kirk at this tyme, but only to defend it from the oppression of over-ruleing Elders; and yet I tax no man—for I have no charge to that end; and if I had, I thinke I have a heart to execute my Masters Command as ane other Man. But our King, intending only the maintenance of the puritie of religion in a quyet maner; and, therefore, I desyre that nothing be put in practice in this Assembly by ley Elders, which hath beene so long out of practice. If these Elders should have beene pleased that this Assembly should have beene constitut, after the late ordinar maner, and than have comed in and claimed their right to sitt and voit here in a fair way, I thinke it would have beene granted; for what could conduce more to further a Kings end, and strengthen his auctoritie in ane Assembly, than that a number of wyse and learned laymen should have voit in it? But becaus he intendeth only the preservation of the puritie of religion, he cannot consent that ane Assembly should consist of such a great number of ignorant men, wanting abilitie to judge matters to be handlit heir, but desyred only that this Assembly may consist of the Churches owne pure Members, that so she may receave no prejudice heir.

Lowdoun said—I perceave the maine objection against the voiting of the Ruleing Elders is yet urged, and their ignorance to judge in matters that are to be handlit heir; therefore I offer heir to dispute, that the office of a Ruleing Elder is warranted by the word of God, practise of uther Kirkes, and lawes and practise of our owne Kirk, and referris the decision of the question to the Assembly as the only competent Judge. The question is alreadie dispute heir be Doctor Balcanquell, and it is grantit from the testimony of the Synod of Dort, that Elders have voit in matters of faith, and matters of discipline and order; and where it is objected that these Elders at the Synod of Dort were learned and judicious men, able to dispute and treate of the greatest matters in the Latine tongue, and these heir assembled are not such for the greater pairt, I answer, it is not alwayes men of the greater place and learning who bring foorth clearest light in matters that concerne religion. There are heir a number of Gentlemen and burgesses of the lowest sort, trained up at schooles and colledges, taught all the grounds of religion, and able to decerne trueth when it is pointed forth; therefore—seeing be the lawes and practice of this Kirke, such hath beene in use to voit before, and we have offered to dispute the matter yet more—referring the decision of the question to this Assembly, we hope there is enough said for clearing of our power.

The Commissioner said—It is hard for me to make answer for everie speach of such a number of learned and understanding men. But, as I remember, Doctor Balcanquell said not that the Elders of the Synod of Dort had voice in matters of faith.

My Lord Lowdoun answered—It is true the Doctor made a distinctione of more and les fundamental poyntes of faith. But that Synod did determine what was more fundamentall and what was less fundamentall poyntes of faith; and it is clearlie proven that the Elders had voit in all matters proponed their.

The Moderatour said to Doctor Balcanquell—Let the question be yet stated and agitat; for the question now in hand is not, whether the office of Ruleing Elders be warranted by the word of God—which I thinke none will deny—but the question is, whether the Elders, according to the Acts of Assembly and Customes of this Kirk, hes place to voice heir? And if ye, or any, will be pleased to conferre or dispute the question, we are ready for it. The Convocation House of England would not be content that any should say, “Your Church is not weill constitut;” far les can we heare it said to us; therefore we would be glad to heare what ye have to say in this question; and if the Commissioners Grace would stay, we trust he shall heare this and many uther questiones discussed.

My Lord Rothes said—The Commissioner seemes to take speciall notice of that expression which was in the Letters from Edinburgh, called the Tables; as if the Letters from these Tables did import a judicatorie; therefore I desyre to cleare it. When great numbers were conveined in Edinburgh from the sense of evills lying in this Kirk, and wer joyning together in putting up a supplication to the Lords of Counsell, my Lord Thesaurer taxed us for such numerous Convocations, quhilk as the Convocation was out of love to Religion, which seemed to be in hazard, and therefore everie man having onie particular interest, conveened: we answered, that such a Convocation behoved either to be, or Commissioners in their name; and your Grace desyred that when ye came to Edinburgh, that the toune might be emptied of such multitudes; and your Grace ordained that the schires should convene be their Commissioners: therefore, when the Commissioners from schyres and presbitries mett, and sett downe, what absurditie is in it, to call them so mett, “a Table,” seeing it is not called a Counsell Table, or a Judiciall Table, such as the Prelats called their Tables? If we called it a Judiciall Table, let us be hanged for it. A taylors table, sitting with his men sewing about it—so called a Table—or a company eating at such a mans table, there is no absurditie in the speache; and we did not call ourselves “The Tables,” but uthers gave it that name.

The Commissioner said—I except not much against the name of Table; neither have I spoken any thing in passion against it, albeit I be naturallie passionat; yet I thank God there hes not much passion escaped me heir. I have no caus of passion to heare these Meetings called a Table; for there is passion enough at my heart, that I find so much power at these Tables, and so little at the Counsell Table—for it is weill knowen, your positive Counsells are more regarded nor the Kings Counsell Table. But I forebeare to speake more. I could bring foorth many moe just causes and exceptions against your proceedings, but I know they will be to no end; for I feare your prejudged opinion of all that I can say.

My Lord Rothes desyred that his Grace would bring foorth any one instance wherein any had failed at that Table.

The commissioner said—Ye know that all the ordour from them hes been readilie obeyed, but little or nothing from the Counsell Table.

My Lord Rothes said—I know neither direction nor obedience given in any thing from that Table, but according to the word of God, and lawes of this Kirk and Kingdome.

The Commissioner said—I came not heir to recriminat, and therefore I pas it.

My Lord Rothes said—Please your Grace to heare the true directions from that Table; for, in trueth, I never heard of these given in be your Grace; and, when ours are read, we trust we shall be found to surrogat no auctoritie to ourselves.

The Moderatour said—If any good success come from these directions, it is to be imputed to God, and not to their auctoritie.

My Lord Lowdoun said—I would ask at your Grace, what are these directions from the Counsell Table, which have not gotten readie obedience from us? For I know none but such as could not be obeyed for conscience sake, and that cannot be compted disobedience.

The Commissioner said—I know that all my Masters Commands are justifiable, and such as good Christians should obey; and I thanke God for his righteous and clement heart.

My Lord Lowdoun said—We think that your Graces labours hes still turned matters to the better, and we pray it may be so still, till thir matters be at ane end.

The Moderatour said—I would ask the voits of the Tables, whether you thinke yourselfes a Nationall Assembly or not?

The Commissioner said—If I could patientlie continow, I should tell my opinion; but seeing now my loyaltie and faithfull discharge of my Commission is in hand, I must remove my persone; for my estate is not so deare to me as my reputation and fidelitie to my Master.

The Moderatour said—We only crave the renewing of your Graces former patience.

The Commissioner said—I cannot assist nor consent to any thing that is done heir, except ye adhere to that which ye have heard red, in the sealed paper; and still I protest that nothing done here may inferre his Majesties consent or myne, or yet oblidge any of his good subjects.

Rothes said—After many supplications were presented to his Grace, your Grace was imployed for satteling of matters, and we expected a happie conclusion when your Grace promised to deale for a free Assemblie; and, if any just exceptiones were against the Prelats persone or discharge of their office, it should be referred to the Assembly: And now the free Assembly is granted, and is fullie constitut. If your Grace, who is a cheafe Member of it, be protestation and deserting of it, labours to make this Assembly most unfree, it is more nor we expected. If your Grace hath any just exceptioun against our former proceedings, or doth feare that we shall not proceed in such a just maner as becomes us, we are readie to cleare our selves. In both we shall repell, or give satisfaction, for bygones, or for tyme to come—the law of God, and Constitution of this Kirke, shall be ane rule, as it hath beene hitherto.

The Commissioner said—I attest God, I have laboured as a good Christian, loyall subject, and kynd countryman, for the good of this Kirke, laying aside all privat considerations, as I shall answer to God; and, at my last going to Court, I said to some of my particular friends, that I should doe what in me lay for procureing a free Generall Assembly; and now a most free Generall Assembly hath beene procured and indicted: but things in it are so carried that it is like to be a most unfree Generall Assembly. For the reasons I have alreadie expressed, glad would I be to have it utherwayes, as there is nothing which, can be proponed, keeping my self within the bounds of my Commission and fidelitie to my Master, but I shall doe it; for I desyre to [serve] God, my King, and my Countrie. But a weightie burden is layd on the back of a sillie young man overcharged with a toilsome bussinesse, and unable to bring it to such ane end as I would.

Rothes said—And the present evils, and further inconvenients like to come by your Grace rysing, must be ane; and we protest that we are free of all: Therefore it must lye upon these unhappie men; they are the band of all the evils, and their source sends foorth all thir secrete suggestions and privat whisperings against Ruling Elders, is a chiefe cause of this.

The Commissioner said—But I heard these men sweare that, for procureing the peace of the Land, they were content to lay downe their offices and livings, and leave this Kingdome. I grant the offer is but small, for the Prince whom they serve can make it up another way.

The Moderatour said—I wische these men were more wise then to make themselves more odious to the land, by moving your Grace to leave this Assembly; for it is evidentlie seene by all, that they are the cause of your Grace rysing.

The Commissioner said—I grant the cause is be urging in of a declinatour and a protestation against lay Elders; but, truelie, they are free of this my declaration, now red in your hearing, which I desire to be insert in the bookes of the Assembly.

The Sheriff of Teviotdaile said—The paper your Grace craves to be insert, is full of grace and goodness, and the registration of that, proves the bookes to be an allowed Register, and the Assembly to be lawfull; and if your Grace hath protested against the auctoritie of these bookes, and lawfulnes of this Assembly, and will leave it as unlawfull, how disassenting are these?

The Commissioner replyed—Whenever I have assented, it shall stand good.

The Moderatour answered—Your Graces direction to registrat these papers in this, is ane acknowledgement that these bookes are good.

Mr David Dalgleishe said—I perceave, by your Graces speach and the Bishops paper, that they desyre to be cleared of these foule aspersions and imputations given in lybell against them. If, then, your Grace shall leave this Assembly, it is evident that they have the wyte of it, and have no will to be cleared, but would have all their challenges and imputations lye undiscussed.

The Commissioner answered—I am sure the Bishops desyres nothing more then to have a lawfull hearing before a judge free of partialitie; but no man will submitt himself to a judge whom he thinks his partie, as they think this Assembly to be.

Mr David Dalgleishe said—If I were in their case, and judged myselfe free of such imputations, I would submitt myselfe to the meanest subject of this kingdome, let be to such an honourable Assembly.

My Lord Lowdoun eikit—If they would declyne the judgment of ane nationall Assembly, I know not ane competent judgment seat for them but the King of Heaven; and, as for us, we sweare we have no personall prejudice at them: but in sua far as they have wranged the Church, the King, and Countrie, we desire they may be censured for it.

The Commissioner said—I stand to the Kings prerogative as Supreme Judge over all causes, civill and ecclesiasticall, to whom I think they may appeale, and not let the causes be reasoned heir.

My Lord Argyle desired the Assembly to heare him a little before his Grace should departe, and said—I was called to this Assembly by his Majestys command; but now, being come, I desyre to cleare myselfe, that my pairt hes bein fair in every thing that I know, neither as flatterer of the Kings Grace, nor for my own ends. I have not striven to blow the bellowes; but studied to keepe matters in als soft a temper as I could: and now I desyre to make it knowne to you, that I take you all for members of a lawfull Assembly, and honest countriemen. As this Assembly consists of members civill and ecclesiastic, I wishe that care may be had that this bodie may byde together, as ye all band yourselves by the late subscryved Confession of Faith; but I desyre that nothing be done in this Assembly to the wronging of that Confession subscryved by us of his Majesties Counsell, as if I had subscryved it with a mynd different from that which all had at the first making and subscryving of that Confession.

My Lord Lowdoun answered—Your Lordships protestation is very reasonable, seeing it is very scandalous that ane Confession should be subscryved be the Lords of his Majesties Counsell and Session, and ane uther be the bodie of the countrie, as if they were two different Confessions of Faith among the professours of ane religione in ane kingdome; therefore, it is earnestlie desyred of all, that the Confession of Faith be cleared, and a full explanation of all the heads and articles of it, that all may heartilie joyne in ane Religion, and duetifull obedience to our King, and that no slander goe abroad to uther nations.

The Commissioner said—What is done by warrand of auctoritie shall be cleared by the lawes of this Kirk and Kingdome, and wayes also shall be found to cleare his Majesties intention and will.

My Lord Lowdoun replyed—We are nothing diffident of that, neither is anything of that sort said by us to prescryve your Grace; but seeing two Confessions are subscryved of divers constructions, as humble supplicants we desyre that the Confession may be cleared, that all his Majesties subjects may be joyntlie tyed to God and the King.

The Commissioner said—I had warrand to give order for that and much more, but alace! I may not now stay.

My Lord Rothes said—It is pittifull that the Confession should not be cleared, seeing it is subscryved with three severall Constructions, and in Aberdein by some after a Popishe maner, admitting all the ordinances of the Kirk introduced or to be introduced, and this is the Papists implicite faith; by uther with that Construction only which it had when it was first subscryved anno 1580; and a third sort with a mere abjuration of all novations introduced since that tyme: therefore it is necessar that the Confession be cleared in the Assembly.

The Commissioner said—I cannot stay now.

My Lord Rothes said—Becaus your Graces departure was surmized this morning, therefore it was found necessar by this Assembly that a protestation should be made against your Grace. But we are most unwilling for to present it, and would rather intreat your Grace to propone your scruple and exceptions against this Assemblie, that they may be cleared. If your Grace will not, but will depairt, we must protest that your Grace hes depairted without a just reason.

The Commissioner said—I make a declaration that nothing done heir in this Assembly shall be of any force to bind any of his Majestys subjects; and I in his Majesties name discharge this Court to sit any longer.

[The Commissioner leaves the Assembly.]

And while the Commissioner was in depairting, this protestation against his depairture was put in the Clerks hand and red, and Instruments tane of the protestation.

The Moderatour said—All that are heir knowes the reasons of the meiting of this Assembly; and albeit we have acknowledged the power of Christian Kings for conveining of Assemblies and their power in Assemblies, yet that may not derogat from Christs right; for he hath given divine warrants to convocat assemblies whether Magistrats consent or not: therefore, seeing we perceave men to be so zealous of their Masters commands, have we not also good reason to be zealous toward our Lord, and to mentaine the liberties and priviledges of His Kingdome? Ye all know that the work in hand hes had many difficulties, and God hes borne us through them all to this day; therefore, it becometh us not to be discouradged now by any thing that hes interveined, but rather to double our courage when we seeme to be deprived of humane auctoritie. He desyred some of the brethren should speake a word of encouragement and directioun to the Assembly, as God shall put in their heart for the tyme.

Mr David Dick said—Ye all understand that the great worke now in hand hes bein from small beginnings; for at the first, we intendit only to exoner ourselves, and to leave a testimonie to the posteritie that we bure witnesse to Christs oppresst cause. We thought the Cause desperat when we wer chargit to buy the Service Bookes under the paine of horning; yet we gave in supplications to the Counsell, desyring us to be heard against such indirect proceedings. When we knew not what to doe nixt, God hes led us on steppe by steppe, keeping us still within the compasse of his word and lawes of this Kingdome, for any thing that we ken; and we have only followed our caus with humble supplications to our King, and protestations against that which we could not obey; and it is evident that God hes accepted our testimonie—for his hands are about us still—for if he had not directed us, and his hand had not guyded us, we had beene long since confounded in our witts, and could have done nothing for the compassing of this great worke, more nor young children; neither could we have continowed in ane mynd till this day, if ane spirit had not told us. Seeing the Lord hes led us in a safe way to this day, he is now to crave a solemne testimonie of the Kirk of Scotland, and to ask of everie Man, who is his God? And we have clearlie presented unto us, a lesson of our fidelitie to our Lord from my Lord Commissioner. He hath stood punctuallie to the least point of his Commission. It becomes us to be als loyall to our God, seeing we are not restricted to particulars as he: Therefore, seeing this Court is granted to us of God, under our King, and with allowance of our King, and a parliament indicted to warrand all the Conclusions of it; and now he hes drawen back his granted warrand, shall we for this be disloyall to our God, and slyde from that which He hath granted? If we goe not, we shall prove tratours both to God and our King; or if we be silent, and passe from this Assembly, how shall the will of God be demonstrat to our King in pointes controverted? There is not a meane to informe our King fullie and clearlie, but the determinations of this Assemblie: Therefore we must now proceed, and so proceed as all our proceedings must answer for themselves, and, it may be seine, we have proceedit as good subjects to God and our King. We must either goe on, or take upon us all the imputations of scandalous and turbulent persones, and grant that there hes been als many wranges as there had been false imputations layd out against us; and this were to sin more deeplie, and to quyte these glorious priviledges which Christ hath granted to us, above all our Sister Churches, seeing there is not a meane to cleare ourselves to the Christian world but this. Let us goe on, putting over the matter upon our Lord and Master, and he shall answer for us at the Court of Heaven, and justifie us in the eyes of all that are wise.

Mr Hary Rollock was called next, who uttered a speech to the effect foresaid.

Mr Andrew Cant, and some uther of the brethren, spack likewise to the same purpose.

In the meane tyme came in

My Lord Erskine, before the Assemblie, and, with teares, did regrait his so long refusall to subscryve the Covenant, and was now most willing, with heart and hand, to subscryve it, if the Assemblie would be pleased to accept of him: the seeing and hearing whereof caused no small matter of joy to the whole Assembly; acknowledging, with admiration, the wonderfull Providence of God—that some had deserted and gone from them, so uthers were sent unto them. To encourage them there were also, at that tyme, four or five uthers, some whereof had been in uther countries, in tyme past, who all did enter in ane Covenant with joy to themselfes and the whole Assembly. After which, the voites of all the Assembly were craved by the Moderatour—Whether they would adhere unto their Protestation newlie red, or continow to the end of the Assembly now discharged?

All and everie ane of the Assemblie except six or seven, declaired solemnlie, that, with all their heart, they adhered unto their Protestation, and promised to continow till this Assembly, after the settling of all matters, be dissolved be commoun consent of the Members.

The Moderatour, having renewed the question againe, Whether they found themselves lawfull and competent Judges to the pretendit Bishops and Archbishops of this Kingdome, and the Complaints given in against them and their adherents, notwithstanding of their declinatour and protestation? The whole Assemblie, except four, declared this Assemblie to be most lawfull and competent Judges to the pretendit Bishops and Archbishops of this Kingdome.

The Moderatour having called upon the name of God, this Session dismissed.

Sess. 8.—Novʳ 29, 1638.

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

After in calling upon the name of God,

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

Then the Clerk called the Committie of Peibles.

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

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

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

Then was the Committie for Brechin called on.

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

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

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

Carnagie was absent.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Moderatour said—We are not oblist to expone that.

The names of the Committie:
Mr David Lindsay,	Mr Andrew Cant,
Mr James Martine,	Mr Harie Rollock,
Mr Thomas Mitchell,	Mr David Dick,
Mr Walter Balcanquell,	Mr Robert Hendersone.
Mr Thomas Wilkie.
Rothes, Lowdoun, Balmerino, Burley.
Barons—
Auldbar, Keir, Shirreff of Teviotdaile.
Burgesses—
James Cochrane, Patrick Bell provest of Glasgow,
James Fletcher provest of Dundie.

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

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

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

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

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

Nobles—
Eglintoun, Weymes, Johnstoun, Wedderburn, Lawers, Kinlict,
Provest of Kinghorne, Baillie of Innernes,Mr George Gray clerk of Dundie, [Haddington.]

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

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

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

The names of the Committie—
Mr Androw Ramsay,	Mr John Adamsone,
Mr Robert Baillie,	Mr Edward Wright,
Mr Alexʳ Petrie,	Mr John Menzies,
Mr John Oswell,	Mr Samˡ Rutherfuird,
Mr Alexʳ Kerss,	Mr John Hay.

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

Sess. 9.—Novʳ 30, 1638.

After prayer to God by the Moderatour,

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

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

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

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

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

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

Then the Moderatour called on the Committie for Peibles.

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

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

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

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

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

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

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

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

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

Then the Committie for the Billes were called on.

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

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

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

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

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

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

[Complaints against Prelates.]

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

Then were the Caveats red.

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

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

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

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

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

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

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

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

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

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

The names of the Committie—
Earle of Home, Lords Sinclare, Yester, Balmerino, Coupar, Cranstoun.

George Gordoune, Mr Thomas Ker, Lamington, Barclay, James Sword, George Jamesone, Thomas Durie, Androw Baird, Mr John Robisone, John Maitland, Mr James Scharpe, Richard Ingles, Gilbert Murray, Wᵐ M‘Kenzie, John Rae, John Robertsone, John Ker.

Sessio 10.—Primo Decembris 1638.

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

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

[Case of Mr David Mitchell.]

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

Then was the proces red against Mr David Mitchell.

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

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

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

Then was Mr David Mitchell called upon.

The Moderatour said—We have to consider that this Kirk hes not been acquainted with Censures of that kind, blessed be God! Howsoever, there hes bein a great and lamentable schisme in this Kirk these many yeares, yet few poyntes of heresie could be objected against any of this Church who were verie free of it before; therefore no marvell is that we Ministers and Elders be not so throughlie acquainted with their differences as utherwayes we would have bein: but since the matter is gone so farr on, and corruptions are vented so braid and wyde in this land, it were meet we were acquainted with them that we may discerne betwixt trueth and errour, light and darknes; and if it seeme convenient to the Assembly, it is good that some Ministers that are best able make some discourse of this matter, especiallie to shaw what we hold with the reformed Kirkes, which hath beene so publictlie contradicted by thir preachours, and how their tenets contradicts our tenets as the reformed Kirkes. I know there is ane uther proces against some uthers in Schooles of Divinitie that hes the same poyntes, and uthers preachours lykewayes, and it would seeme to have beene done of purpose, and that they are all joyned in ane combination together for venting such poyntes of doctrine; for there is come doune some poyntes from England, which were holdin to be the tenets of a great learned man, and thir preachers seemes to be his schollers.

Then said the Moderatour—Let us heare some moe two or thrie Billes.

Then there was red against Doctor Panter, Master of the New Colledge of Sᵗ Androwes, containing many erroneous and Papisticall poynts of doctrine.

Then there was read a proces against Mr Alexʳ Gledstanes, Minister of Sᵗ Androwes.

Then the Committie for Din and Carnaigies Commission was called.

Mr James Bonar said—If we find that if the last election had not interveened, the first had beene good; and if the first had not proceedit, the last had bein good. The first wants ane act of the Presbitrie and their Subscription, and so it wants the formall poynt but gives commission; and the uther hath proceedit from ane desyre to be electit.

The Moderatour said—It were les prejudice to want the voices of them both, then to doe any thing that may prejudge the Assembly afterward.

After lang controversie to and fro about this particular, the rows were called, and the Assembly voited that neither of them should have voite.

Sess. 11.—3 Decʳ 1638.

After prayer made by the Moderatour,

My Lord Argyle said—Ye remember heir I made protestation that nothing might be done that might seeme to wrong Soveraigne auctoritie; for albeit I be not a Member of this Assembly, yet I have leive to represent my opinion; and truelie I will say, I know no better way for you then every way to cary yourselves modestlie, keeping all dutie and respect to whom it is due. And I remember of a good passadge—si tacitus possit corvus, &c.—therefore my humble desyre to you all, and especiallie to the Ministerie, is, that ye be very spairing to meddle with the Kings power and auctoritie—not that I suspect any, but that I hope all knowes what is my meaning. They are wise I hope who are entrusted in this worke, and knowes what is their duetie to a good and graceous King; and I trust our Master will be wise in his commands, and so there will be the lesse neid to meddle with any thing of this kind; therefore take this advertisement from me, least any sclander be layd on this bussines. I am very spairing to insist; but what I have said it is out of affection to the caus.

Moderatour said—We are obleist to the goodnes and providence of our God that hes given unto us so wise and honourable a Member to sitt heir to give tymous advertisement concerning our duetie—perhaps rather to prevent that which might ensue nor to censure any thing that is done; and surelie we ought to consider, that, altho’ the Kirk of Christ, especiallie assembled in ane counsell and such ane Assembly as this, hath very great power, yet they should very weill observe the limits of their power; for, first, altho’ we have power to judge betwixt true and false doctrine—altho’ we have power also to consider the mater of the Sacraments—the sealles of the doctrine of the life and manners of men throughout the kingdome, and of the maters of the Policie of the Government of the Kirke—yet our power is not autocratistical but ministerial and subordinat, and ought to give the Lord his owne soveraignitie annexed to him, and to give every one their owne place. Let the Lord have the first place—we will not give his glorie to another; and let Cæsars have their owne places. And surelie he thocht I spack very distinctlie of this purpose that said—“God or his Spirit, speaking in Scripture, is the judge, and that the Kirk is not judge but index, and that the Christian Magistral is Vindex; and so give every one his owne place.” The judgement of Soveraigntie and absolute jurisdiction belongs to God; and this is that great Soveraigntie which must keepe us in the right way, without the which our sillie witts would wander in the bypaths of errour. Since it hath pleased Him to manifest his will in his word as if he were among us and we heare his voyce, we should stryve to decerne his voyce, and governe our proceedings thereby. Next for the Magistrat—he is the keeper of both the Tables, and ane avenger of the breakers of both; and we are not to judge so uncharitablie and so unreverentlie of our superiors, especiallie of him who is in the highest place above us, that he will usurpe any thing propper to the Lord, who is only absolute Soveraigne. It becomes us to content ourselves with the interpretation of Scripture, or with the indications of it as that word which I alreadie used imports; and for that which my noble Lord hes bein speaking, it becomes us to think reverentlie and speake modestlie of superior powers; and I am sure there is no subject but they will be more carefull to take heid to their words and wayes both in pulpits and other places, nor if the Kings Majestie were present himselfe. I remember of ane example of ane worthie man in this Kirk who did oftentymes preach in the presence of King James; and when the King was absent he alwayes spacke with greater reverence, and recommended subjectione and loyaltie to all subjects; but when he was present, he told him all that he heard of him; and I wish all of us would carry us so; and altho’ his place or his Commission be emptie, let us thinke and speake as if one of them were into it: let us carry ourselves as in the sight of God and of our Consciences which are both ane; for seeking the approbation of a good Conscience we approve ourselves to God, and next in his Majesties sight; and we need not thinke that the wordes that are spoken heir will [not] be caried to him with a worse sense put on it. If his Majesties Commissioner wer heir present there neidit no report; but since it comes to passe that things are made worse, we have so much the more to take heid to ourselves: and I hope of the Spirite of Wisdome and Pietie, which teaches all loyaltie and subjection to superiour powers, shall so direct us as there shall be no caus to censure any man justlie.

You remember, right reverend and weil-beloved, there ware some thing spoken heir be occasions of a particular complaint given in against Mr David Mitchell, for mentaining poynts of Arminianisme; and we desyred ane of our reverend brethren to speak somewhat for refutation of that errour.

[Arminianism discussed.]

Then Mr David [Dick] raise and spack as followes:—The taske is large, the tyme is short; therefore I will sett myselff to as little tyme as I can; only I would have this preface in the beginning, that we would all labour to have errours in als great detestation as any corporall vyce; and doubtlesse, if our eyes were open to see the bewtie of trueth and the good fruites of it, and to see the vyldnes of errours, and the fearfull consequences of it, we would need no exhortatioun of this sort. For the preaching of errour is like the selling of poysoned pestied bread, that slays the eater of it, and infects with the breath every man that comes neir hand; and albeit the Lord hath brought in wholesome food in his house, and hes held his table long covered, yet the malice of Sathan, and the bussines of the Pope to recover his Kingdome, and the dalliance of worldlie men, hes sett instruments on foot to trouble our Church againe; and God, in his deep wisdome and justice, hes suffered the matter to goe that farr on, that we might see what a fearfull sin it was to put the keyes of the house of God in wrong hands, and what evil freicks, errours in discipline would bring foorth, and also that he might punische the unsanctified and proud witts of men that would take upon them to governe his Kirk, as also he would have these ministers in this land corrected for their negligence who are like the rest of the countrie, who thinkes of armes whilst they are in peace. So have we done. In tyme of peace, we were all secure, and dreamed not of straites, and studied for no more but to get ane sermone in the week; yet blessed be our God, who hes alse many painfull and faithfull servands as will be sufficient to cleare his trueth of his Kirk against all that will say the contrair.

By the power of Jesus, I will take up my speach in thir heads. First, I will lay out their errors in 4 heads; Secondlie, I will lay out our doctrine in uther 4; then, Thirdlie, I will lay out before you the cullours they use instead of probation; Fourthlie, then I will lay before you some maine reasons which are the cause and ground of all the errours, and the grounds whereupon the dispute runs wrong on their syde; then I will shaw you the bulwark wherein our strenth stands; Lastlie, I will answer some objections, and so close. For the trueth of our doctrine, I will content myselfe with a place or two, and is in the hinder end of the 52 Isai, and 6 of John, 29 vˢᵉ, which is sufficient for a confirmation of our all doctrine against all Arminians.

(1) For the first, The Arminians they grant ane election; but such a ane as makes man to be a chooser of God, and not God to be chooser of man, that by their course God shall choose a man 20 tymes, and refuse him or reprobat him 21 tymes, and the man to goe to hell in the hinder end.

(2) For the death of Christ they make a great bussines for it, as if they were the only men that knew to extend the worth of it; but it comes home to this:—Christ layes doune his blood, and buyes no waires bot a possibilitie of some mans salvation—that is to say, they extend his death in drawing on of a bargane betwixt God and man, to put man in the termes that Adam fell into, that man may take a new essay of himselfe, by the force of universall grace, to hold his feet where Adam fell.

(3) There is concerning mans conversion, wherein they would seeme to plead for themselves, that they are seeking no more but to make man to be no stock nor block, and if they had no further, we should easillie grant that he were not a stock in his conversion; but he is a quick divell, and when it comes to the upwith, heir doe they schoot to put all the matters in mans awne hand, that God shall be the giver of abilitie to convert by giving the man a power of frie will, but the man shall have the glorie to turne himselfe to God or receave grace.

(4) For the last and fourth poynt; they sever poor simple man, and setts him alone with the staff of his frie will tottering in his hand, and the Divell, the world, and sin tempting him; and then they dispute with him, saying, that there is no assurance of perseverence, and that the saints may fall away and all the rest of it, while, as they should joyne all his helpes with all his hinderances, and should put him in the hand of ane cautioner and guyd to teach him and correct him, and raise him up when he is fallen.

These being their four errors, I oppose to them the doctrine of the Kirk of Scotland, whereof we may all thinke good the day, and thank God most heartilie for it; and seeing I have gotten leeve to speake, I blesse God in Jesus Christ our Lord, that evir looked upon the Kirk of Scotland, to give us a doctrine that will not suffer itselff to be disgraced by errors or false doctrine, but will take the place of it in the hands of weake Ministers who will not boast of their learning, but whose glorie is simple trueth; and in that we will glorie more nor in all the learning in the world, finding ourselves guarded against all the Scribes and disputers of the world, since they have the trueth of Christ in simplicitie according to the word.

1. We give this for our doctrine out of the word of God—That there is a number severed out, in Gods speceall purpose, from the race of mankind, and advanced above the state of nature, to the estate of Grace and Glorie, by a speceall designation, and that for no foirseene good workes in the man, but for his free Grace and good purpose who helped to make the man, then to put the saule in him, and then to put such and such graces in his saule, and restoir what was fallen in him, and so make him doe good workes. This ground is clear from Scripture. Ye know he will have mercie on whom he will, and whom he will he hardnes; for he is a Soveraigne Lord, and, of his owne workmanship, he can advance ane pairt higher of it then ane uther, and doe no wrang to the rest.

2. For the matter of Christs purchase by his death, we teatch that our Lord made no blind blocke, but wist weill what he bought, as the Father wist what he sold; and had his scheepe before his eyes and was content to lay doune his lyfe for them; all thinges that belonges to lyfe and Salvation he layd doune such a pryce to the Father, and declaired, by a Voice from Heaven, that he was pleased with it—“This is my beloved Sone.”

3. For conversion we say, that how quicke, how reasonable soever a man is in the houre of his conversion, considering him as he is, a naturall man and so wicked in himselff, that there is so much power in the Gospell of Grace, the Spirit of God concurring therewith, that he is able, not onlie morallie to perswade and convince the man, but effectuallie to induce the mynd of him—keeping himselfe still in a freedome of will, that most willinglie and frielie makes the man turne unto God, and to take his Mediator and God in his armes, who before was in the armes of Sathan.

4. For the fourth we say, that, albeit it is true there is nothing vainer nor man—nothing lighter than he—he being laid in the balance, and nothing fickler nor he, for at his best estate he is altogether vanitie—yet He that hes bought him deare will never leave him nor forsake him. That man that he hes begun to take be the heart, and to speake to as he uses to doe to these quhom he setts his mynd upon and calls according to his purpose, he so admonishes him, reproves him, corrects him, and causes him to eat the fruit of his owne wayes in cace he deborred, that he causes him cast all consolations from himselfe—from men—from the world—from sin—and makes him faine to creipe in under his Lords winges, and bringes him through all doubts, and rubbs difficulties and temptations, and never leaves him till he sett him before his Master and Lord.

Now, their cullours are chieflie thrie—first, from Scriptures, rent ane of them from ane uther, as if there were no Scripture but that text quhilk they would seeme to prove their errours by, quhich text of theirs being compaired with uthers, is our doctrine; and by soe doeing they deale lyke sophists rather then telling the mynd of the Spirit of God, who tells not all his mynd in ane sentence, but must be waited on till he tell his last word; and reason it be so—as, for example, when the matter of mans salvation and conversion is spoken of, to say the Lord sweares he loves not the death of a sinner, and we oppose to them ane uther Scripture, that he laughed at the destruction of the wicked; where they take the ane place and not the uther, and takes not that quhilk agries with—but he rejoyces at their destruction—not as it is a destructione of the creature: but when man wilfullie rejects grace and mercie and scornes God, it is righteous wᵗ God to rejoyce in his destruction when the man will not rejoyce in his mercie.

Ane other of their cullours is a number of calumnies of our doctrine, where before the ignorant and unlearned, that understands not what we teache, they seeme to speake to them with some face, as if our doctrine did open a doore to sin; whereas howsoever as in other professions there are too many prophane among them, if all of them be not so, yet amongst us, the doctrine is not such that if any man be prophane or abuse the trueth that is spocken, he beares the blame himselfe and not the Lord.

Their third cullour is plausable humane reasones and discourse, drawen from the corrupt judgement of unsanctified men—as if men wer to sitt downe and lay the platforme of his owne Salvation, and not to leave it to the Word and to the Lord; but humane reasone shall prove a foole when it comes to the contrare of these two.

The grounds of their mistaking are thir—I. That they confound the decreet of God concerning the last end of man with the maner of the executiones of the decrie of the meanes: as, for example, they draw all their objections from the matter of Gods treating with the Visible Church, wherein God takes up the ridle and seif and fyne of his promise and commandments, threatenings, and conditionall offices, and sifts out the man that is his owne, and leaves the rest unexcusable. They draw out a decreit of this, as if God had been unresolved when he began to speake conditionallie to man—as if there had beine no more determinat concerning the man he had a purpose unto, nor the preacher that must speake to every ane of his auditours; and this error drawes verie deepe, for they make Gods decreit, reducit according to his frie will, layes Gods decreit by, whill man falles in his lappe, and so makes God resigne his Soverainitie, whill the end of the world they make man goe and God to stand by: for man will guyde the matter of his salvation by his frie will, and so they make God a spectator or a furnisher of directions only as he is called by the mans frie will. God comes in at frie-wills back and furnishes directions, and frie-will determines; and so they give a Godhead to frie-will, and makes God resigne his Soveraignitie quhill doomsday, and only now coming in at the back of free-will, following the designations of man.

Ane uther reason of theirs is this—that they extend the death of Christ only to a possibilitie of the salvation of all men, and to the possibilitie of the salvation of no man—making Christs death to have the oune operation sufficientlie, if Christ facilitat the way betwixt God and man; howbeit, Christ never got a man saved nor ever eat the fruit of his laboures, whereas our Lord was never so evill a Merchand as to lay downe his lyfe, and never will therefore, nor sick a foole as to make a bargane whilk might be suspended by mans fickle frie-will, who hes that much prudence that he forsee a losse or danger he will governe it.

A third errour is this—That they think Gods effectuall working in the conversion of man cannot subsist with the reservation of the nature of his owne frie-will, even as if the saints in Heaven, and the spirits that are perfyted, and Jesus Christ our Lord, in his manhead, had never done, nor could never doe, a turne but of necessitie, and nothing of frie-will; for, except they got this soveraignitie to mans frie-will, if the will of God overrule him, and determine him to doe good, presentlie they cry out, he’s destroyed the mans frie-will; as when a man preaches morallie to ane auditour, leaving nothing undone to persuad them by his word, he hes left their freedome never a straw the less.

According to the Popish and Arminian grounds, the man being left standing his alone, he must fall away from Grace; for sure Christ hes done all that can be done by a Mediatour, and then only stand besyde as a spectator (as they say.) I wonder nothing that they speake of perseverance as they doe; for if the world were left to us our alone, we would fall in the myre; whereas, in the perseverance of the Saints, the man and the master goes togither—the debtor and the cautioner goes togither—the captaine and the souldiour goes togither—Christ and the man never sheds; and howsoever we grant that without Christ we can doe nothing, and that if there were no more nor our strength, all would goe wrong; yet, with Christ, we are able to doe all things, and bring any thing about that he is to imploy us in.

Thair maine errour is this, (let me speake it with reverence towards your learning)—not knowing the Scriptures, and the power of God in the matter of the Covenant of redemption betwixt God and Christ; yet there is enough of it in the Scripture. They pointed at it themselves, which, if they should have followed, they might sein all their matter in the midst; for the Covenant of Salvation betwixt God and man is ane thing, and the Covenant of Redemption betwixt God and Christ is ane uther thing. The Covenant betwixt God and Christ was done and endit before ever there was a word of it in the world; but the Covenant betwixt God and man is by the meanes of the Mediator, which makes all sufficient, and he is our strenth and bulwarke; and when all their objections are made, we steppe to our Magna Charta, and where we can get any gripping we hold it fast, to wit—the Articles of a Superior Covenant made by Jesus Christ, our Mediator and Advocat, in which there are articles contradictorie to all Arminians, that so there shall be no more possibilitie of the breaking of these Articles, nor of garring God and Christ faill. When an end of a bridge falles, the uther must fall with it; so when our frie-will is the ane end, and Christ the uther, then must it stand; and heir, I say, is our bulwarke.

Their generall objections are three. The first is, that our doctrine is not good, for we terrifie them, telling them that God has a speciall election and speciall reprobation; and our doctrine, say they, is not good for tender consciences that are converted. We desyre no better answer for the tyme, nor retort their objections back againe upon them; and we say that their doctrine is not good for Conversion, becaus they keepe the man unhumble and unpenetent. They never gar a man say, “I have no strenth nor abilitie to doe any good to my selfe—Lord amend me!” But they keepe a man from denying himselfe, and how shall follow Christ? But our doctrine layes man in the dust, and garres him peepe of it: and so our doctrine for conversion is very fitt; and if our doctrine prevaile that farr with any man as to garr him grant that he hes nothing, then presentlie our Lord keepes him, and gives Grace to that unworthie bodie. Every man that takes with his sinfulness, our doctrine pulles that man in the armes of it. I say more: our doctrine drawes any man fra that—“I will not be saved albeit God bid me,” but garres him either come to a note, or professe himselfe to be hypocrite; and for these that are tender and weake, he caries the matter so, that he will not breake the bruised reid, if he grant he hes inlaiked and would be helped of yow, but if (a would be helped) he keepes him, and proppes him up on all hands. Upon the uther hand, our doctrine will not let a man lay his platt upon Heaven; that is, not in the way to it. It will not let him say he is a believer, except he be labouring to worke by love, and expres his faith be his obedience; and we retort this upon them, for they say it is in the mans power, when, how, and in what measure he will determine what he pleases; and so a man may say, “I am young, and I may delay till death comes, for it will come not so soone but I will get halfe an houres advertisement;” and so their doctrine opens a doore to sinning rather then ours.

Now for the grounds. Looke what the Scripture sayes for us, and that will settle the bussines. The last pairt of the 52 Chap. Esai—“Behold my servand shall deale prudentlie; he shall be exalted and extolled, and be very high.” There Christ is called the Fathers servand, becaus he was designed to take on our nature, and to bring in the Elect Children. It is said of him, that he shall deale prudentlie—he shall keepe up the doctrine of electione and reprobation, so that never man shall get the doore dung in his schafts that would be in, but does good to all, to the kind and to the unkynd, and layes no stumbling blocke before them that perisches. No man shall ken the reprobation of any; but election shall have many markes, whereby the man may climb up to the Palace, and by tyme read his name in the Booke of Lyfe. How will this matter be brought about, his visage was so marred more nor any man? They say that indeed Christ will get a blecked face by the gate; and he get this done, he must waide the glarre myre of our sins and the punishment thereof. Our Lord got his visage marred; but what will be uncertaine of recompence? This it was told him 5000 yeares agoe, that he should be exalted, extolled, and be very high, and that kings should speir for him. Take yow all good heart. The caus that we are about the day, Kings shall speir for it, and shall be forced to heare it in due tyme, by Christs wise bringing about the matter; and becaus men would thinke this universall, he tells in the beginning of the next chapter that it was for none but these to whom the Lords arme is reveilled. The reasons wherefore the reprobates would not believe:—he tells us there are some wicked persons, who, tho all the miseries were before them, and wer dealt with by never so many arguments to turne from their former wickednes, yet they will not leave their owne wayes, but wilfullie choyse the wayes of death of their owne accord. And (John 6) our Master telles—“All that the Father hes given to me shall come to me; and they that comes to me I will not cast out, but will raise them up at the last day.” He must keepe not only your soules but your bodies, yea, and your very dust, and shall never be tane aff the hand of the Sone of God till he render up the Kingdome to the Father.

Now I will close my Speache. By all meanes lett Christs parte in the Scripture, and the thinges that concernes his kingdome and persone be better studied by us; lett this Covenant, made betwixt God and Christ, and betwixt God and us through Christ, be better studied; for since the whole Byble takes the denomination from this Covenant, it is recommended to us to studie it better, where ye see our Lord hes tane course to make all thinges fast, and hes so wiselie expressed in the Scripture, that no man shall have leave to presume to despair, to be profane or abuse the doctrine of Grace upon any just ground.

Now for the theses. They shall be given in write ryplie at a convenient tyme.

1. There is a Covenant of redemption betwixt God and the Mediatour Christ, preceiding the Covenant of Grace and Salvation made betwixt God and the faithfull Man through Christ, which is the ground of all this treating that God hes with Man in the preaching of the Gospell.

2. In this Covenant of redemption betwixt God and the second persone, designed Mediatour betwixt God and Man, the elect wer designed and condescendit particularlie upon their number and names, with their gifts and graces of grace and glorie to be bestowed upon them, and the tyme and meanes to bestow it, was all condescendit and agried upon.

3. The pryce of the redemption, what and how much should be payit by the Redeemer for the purchase of all these gifts, how lang he should be holden captive of death, &c., all was determined.

4. The Mediatour was made sure of succes before he pat hand to the making of the world; and all the elect were given to him and their salvation put in his hand, with all power in heaven and earth given to him to bring it to passe; and so he is sure to find out the man to pursuade and convert, to lead him through toutches and temptations, through fears and falls, till he bring him to peace; and this refuge of the soule is a sufficient post against all Arminians doubts.

5. He manadges this matter in the dispensation of the Gospell so wiselie, as it gives no man any reasonable ground either to presume of Gods mercie or to despair of Gods grace; he tempers it so that the holiest man shall have no matter of comfort except he walke in the way of holinesse, and the wickedest man shall not be put out of hopes but to be receaved whensoever he will turne in to seeke Grace, and lyfe, and holiness in Jesus.

Then Mr Androw Ramsay was desyred by the Moderatour to speake somewhat of that subject.

Mr Androw said—I have nothing premeditat; but this shortlie, ex tempore. The question betwixt us and the Arminians are thir—1. Whether our salvation runs upon the hingers of our owne will or upon Gods grace? Our salvation is considered in five respects—1. As it is ordained; 2. As it is purchased; 3. As it is offered; 4. As it is applyed; 5. As it is perfyted.

First, as it is ordained, it depends on God, according as he forsaw mans warkes, (as they say,) and swa to depend on mans will. Some, he saw their warkes would be good, and he choosed them; some he saw their warkes to be evill, and he rejected them; and so they make the first originall chartour to depend on mans will, salvation being ordained.

2. Then it is considered as purchased, either actuallie or potentiallie; potentiallie, as Christ died for all; effectuallie, as it depends on our will; actuallie, he died for all. Who would receave his grace should be receaved, and who rejected should be damned.

3. As it is offered by God or accepted by us, it depends on mans will.

4. As it perseaveirs, it depends on mans will; and so they make his whole salvation to depend on his will. He elected us becaus he saw our will that we would accept grace, and died effectuallie for these whom he saw would accept grace, and that he would offer grace to such as he saw would perseveare.

(1) We say it depends upon Gods grace, and that he elected such and such to salvation when he might have condemned all.

(2) We say that Christs sacrifice was not offered for all, nor for one of the reprobats.

(3) That the effectual calling of man, when the Lord offers grace, the man may potentiallie reject, but not effectuallie; for he writts the law in his heart that he can reject it.

(4) It stands not by mans will, but by Gods grace; so the Arminians question our salvation in these poyntes, and says it depends on mans will. We say it depends on Gods grace. Our reasons are these—1. If it depend on mans will, and not on Gods grace, then Christ had not said, “I thank thee, O Father, that hast hid these things from the wise and prudent, and reveiled them to babes; even so, Father, because it was thy pleasure.” 2. If our salvation dependit on our will, then grace should depend upon nature, and should be a subservient caus to nature. 3. God, who is a independent being, should become a dependent being; for, if his will dependit on man, then Gods will, who is independent, should become independent. 4. Last, it is against that action in the schooles: for actus secundus should be prestantior primo; and so they give all the glorie to man, and we give it to God; and we have the consent of all the antients, and the whole Roman Kirk, (till of new some Jesuits has risen up,) that our election depends on Gods grace.

Then the Moderatour said—We have reason to blesse the Lord for his graceous providence, that, before this errour spread very far, it hes pleased him to nippe it in the bud; and God be thanked, who hes raised up some spirits in our tyme to acquaint themselves with this errour, that they are able to refute it. I have some tymes hard that there be two very small poynts, as would seem, wherein this great errour does consist. They are like two grammarians: the ane is, whether the word Elect, or, in Latine, Electi, is nomen or participium. The question is, whether we doe believe, becaus we are chosen to faith? They say God chooses men because they believe. We say this—That we are elected comes from Gods free grace. There is ane uther word about the signification of ante and pro. They take pro, that Christ hes died, pro omnibus, for the behove and benefite of all. We say that it hes ane uther signification, vice omnium—I meane as Scripture takes it—that is, for all sortes, and if it be tane vice electorum they must be saved in whose place Christ hath died.

[Bishop of Orkney’s Submission.]

After that there was ane Letter from the Bishop of Orkney, and produced by his sone, wherein he submitted himselfe in all respects to the Assembly.

After that, Sir Archbald Stewart of Blackhall, as Counsellour, declaired, by Mr John Hamiltoun, his Minister, that he subscryved the Confession of Faith, as it was first subscryved in the year 1581.

After that, a young Gentleman, of excellent pairtes, called Mr Joⁿ Forbes, brother-German to Craigievar, who had bein in forraigne countries, and in ane Universitie in England long, and drank in the love of the customes of these Churches, and, after he came to Scotland, was confirmed in the lyke opinions in Aberdeene, by the Doctors there, and came onlie occasionallie of purpose to have stayed but ane night, and then retired to Ireland; and, seeing the progres of this Assembly, it pleased God so to worke with him that he was enamoured with it, and, contrare to his former resolution, came in before the Assembly and subscryved the Covenant.

Mr David Mitchells deprivation.

Then was Mr David Mitchells proces red, and the Acts of the Kirk was red in the caces of deprivation.

The Moderatour said—There is a difference betwixt the censures of the Kirk of England and ours. They make a difference betwixt deprivation, deposition, and degradation. They say, deprivation takes away his benefice, deposition his office, and degradation, according to the Priests of old in the Bookes of Martyres, were degradat when they made apostacie from the Roman Religion; and they mentained, with the Papists, that, notwithstanding of all their Censures, there remaines something which they call character indelibellis, which is a certain impression put upon the saule of a man when he receives ordination; but they themselves cannot tell what it is. But censures usit in our Ministers, beside admonition, ar suspension, deprivation, deposition: Suspension for a tyme from exercising the function of the Ministerie; deprivation and deposition we take to be ane, becaus, when he is depryved of his benefice, so of his office. There is ane of thir censures alreadie put on Mr David Mitchell, Minister in Edinburgh. Now ye have to consider what ye have to doe further. Ye have heard the proces, and he has declyned the Assembly, contrare to the Act of the Generall Assembly at Sanct Androwes, the year 1595.

Then the Moderatour asked Mr Robert Douglas opinion, who answered—He is clearlie convict of Arminianisme and many Poyntes of Poperie, and the Censure of the Kirk is deprivation for his false doctrine, and excommunication for declyning the Generall Assembly; therefore, I thinke this Assembly should extirpat such birds, least the Kirk receave prejudice heirafter.

Mr Androw Ramsay said—That he promised to forbeare such doctrine, but did it not; and not only declyned this Assembly, but used meanes to stoppe the course, by letters from the Bishop and Commissioner, commanding the Presbitrie to [desist] from any censure. Therefore he deserves deposition.

Moderatour said—This is a sufficient ground of a Sentence against him, that his doctrine is the doctrine of the remonstrances that they avowed at the Counsell of Dort, contrare to the doctrine of all the reformed Kirkes, whose Commissioners were there; and consequently to the doctrine of the Kirk of Scotland; for he defends universall grace, resistabilitie of Grace—efficacie of Christs death—apostacie of the Saints; so he is both convict of heresie, and obstinatelie glories in the venting of it; and so in respect of his false doctrine and declinatour, merito ejiciendus.

Then the rows were called, and the whole Assembly voiced to his deprivation.

Moderatour said—There is none here, I am sure, more loath to pronounce a sentence of deprivation nor I, who never did the lyke; yet, since place is given unto me, in name of this Assembly, and in name of Jesus Christ our Saviour, I declair, that Mr David Mitchell shall no more exercise the function of the Ministrie; and, for that whilk is laid to his charge, he is not worthie of any Ministration of the word and Sacraments in the Kirk of God, and declares his place to be vacant; and ordaines the Presbitrie of Edinburgh to make intimation thereof in their Kirkes.

Sess. 12.
[Decʳ 4. 1638.]

After prayer to God, there was a long and learned speach against Arminianisme, uttered by Mr Robert Baillie, Minister at Kilwinning.

Then the Commissioners of Edinʳ declared to the Assembly—That the Citizens of Edinʳ, so soone as they heard their Ministers had declyned the Assembly, they were in such a rage against them, that they would neither heare them preaching, nor joyne with them in their Sessions; therefore, they cravit the benefite of the Acts of the Assembly; and in respect it would have tane up meikle tyme to have heard the particular clauses of everie ane of them, the Assembly resolved to delegat some men, who should have full power and Commissione from the Assembly, to heare and examine all complaints given in against them, and, if they deserve deposition, that they shall have alse great power to pronounce it as the Generall Assembly, according to the Customes of the Assemblies of the Kirk in former tymes, who may transmit the power by Commission, quoad ad huno effectum. Some Complaints were given in against Mr George Sydeserff and Mr Wᵐ Maxwell, qˡᵏ was red, and proces produced against the persone of Leith, and Mr Joⁿ Watsone. The Commission hes power upon all the forsaids persones in Edinburgh, Leith, Canongeit, and Dumbar.

The names of the Commissioners—
Mr John Ker,	Mr Androw Blackball,
Mr James Fleyming,	Mr Joⁿ Oswald,
Mr James Porteous,	Mr Robert Douglas,
Mr Richard Dicksone,	Mr James Symsone,
Mr Robert Cranstoun,	Mr Frederik Carmichael,
Mr Alexander Hendersone.
Nobles—
Rothes, Montrois, Lowthian, Lindsay, Lowdoun, Balmerrino.
Barons—
Auldbar, Waughton, Schirreff of Teviotdaile.
Burgesses—
Mr George Gray, Mr Robert Cunninghame,or any thirteen of them, 7 thereof being Ministers.They are to sitt doune before the end of Januar.

Then some Ministers were sworne before the Assembly to depone faithfully to the Committie upon the complaint against the pretendit Prelate what they know—namely, Mr James Blair, Wᵐ Dalgleishe, Androw Andersone.

Then there was a proces against Mr Alexʳ Gladstanes, Archdeane of Sᵗ Androwes; and the whole Assembly voited to his deprivation, and the Moderatour pronounced the sentence.

Then the Committie, that was appoynted to be upon the nullatie of the Assemblies, gave in their reasones, quhilk wer all red, and verified by Acts of uther Assemblies, the Presbitrie bookes, and the King’s Letter.

The Moderatour told that the Acts of Linlithgow Assembly were sent up and doune to Court; and, at last, when they came home, there was ane Act shifted in among them, that these who were Bishops, ratione beneficii, (for there was no such office,) should be constant Moderatours of provinciall Assemblies, and this was proven to be false in Mr James Nicolsones face, and the clerk called Philip, which was the caus of the said Mr James his death. John Stewart, Provest of Dumbar, was there, and told that he never heard such a thing voited. Adam Colt, Mr William Watsone, Mr James Carmichael, Mr James Cauldcleuch, Mr Androw Melvill, Mr Wᵐ Scott, and uther worthie men of the Ministrie, were sent to Court and detained quhile this present Assembly should passe.

Mr John Ker told, that, in the Assembly 1608, all the names of the Nobles, Barrons, Burgesses, Ministers, directed by the King, voited without any uther Commission, and the 13 Bischops, and from sundrie Presbitries, four or fyve Commissioners.

Mr John Row said—I was not Commissioner to the Assembly at Glasgow 1610, but I was Moderator in our Presbytrie for the tyme, and Mr George Gledstaines brought the Kings Letters, quhilk is registrat in our bookes, and he brought three particular Letters to thrie brethers of the Presbitrie nominat by the King to goe to that Assembly. I, with the advyce of the brether, made them stand and swear, as they should answer to Jesus Christ, that they should admit no alteration in government of our Kirk, nor consent to any thing that might derogat from her former auctoritie. They went to the Assembly, and, when they came back againe, we asked at them what they had done or concludit: they would not tell us. Alwayes ane of them, that had gotten no gold, said—“God be thanked I have gotten nothing.” The other two said nothing; and we thought thereby that they were in the calke. There wer thrie sorts of voits at that Assembly—affirmative—negative—and non liquet; and he that said non liquet gat nothing; and this brother of ours, Mr John Stewart, voited non liquet, and a friend of his, Patrick Stewart, hearing that he said non liquet, said to him, (not knowing what non liquet meaned,) “How now, cusigne, they say devill belicket yow gatt?” Alwayes the uther two that had gotten it, would not declair what they had done. The God of Heaven made it manifest what they had done; for ane of them, Mr Andro Foster, fell into a pittifull sicknesse, for he had taken silver out of the poore folkes box with false keyes. It came to passe that he, not being gifted for such ane place, his parochiners would fain have beine quyte of him, and desyred him to dimitt his place to Mr John Murray, and offered him a great soume of money, and lykewayes offered to get him a landwart kirk, and, if his stipend were not good, they promised to make it alse good, whereto he would not consent; but, through vehemencie of sicknes, troubled in mynd, feares and terrours of conscience that God struck him with, he was in a pittifull case, and even readie to put hand to himselfe, as I can bear witness, who was sent for to comfort him. He tooke apprehension of a word that Chancellor Seaton said to him when he reveiled to him what he had done—“that it were well waired he wer hanged.” He apprehendit that he would be presentlie tane and hangit; but, having perswaded him of the contrair, I desyrit him to tell the trueth to Gods glorie, and he promised to answer me of any question I would propone; and I demandit of him, first, saying—“Brother, are yow perswadit in your heart that God calls yow to the Ministrie?” who answered—“Nay, nay, I soght ever the world, and so seene on me.” Secondlie, I asked at him—“What he gat in Glasgow for selling the liberties of the Kirk of Scotland?” He said—“Fyftie merkes.” I said to him—“It is good for yow to prepaire yourselfe for death;” whereupon he apprehendit that he was presentlie to be execute. I besought him to pray. He said he could not; but desyred me to pray for him, whilk I did; and, in the tyme of the prayer, all the buttons lapp aff his breast, and [he] bled horriblie at mouth and nose. After prayer, I asked him—“Are yow prepared to die?” He answered—“No, woe is me!” Said he—“If you would spare my life till the morne, I would be better prepared;” and requested me to deale with Patrick Stewart for his life, and might I give him assurance it should be so; so, the morne I came to see him, and he was benumed, and wist not what he did or said, and granted that he was not in the case he was in before. At last, he deserted his calling and came to the Presbitrie, and gave over his place to Mr John Murray. And the lyke fell out too with Mr Wᵐ Patoun; for he gat uther fyftie merkes: and, the poore folkes box being broken in his house, the Bishop, at his visitation, made him to lay downe uther fyftie merkes for it, and so he had no vantage for that shift.

Mr David Dick said—Doctor Wᵐ Guild and I was auditors of ane who was a verie penitent man, for taking some money at their Assembly. He confessed he gat 40 punds; and we asked what he did with it? He answered—he bought ane silver satt fatt with it, and he said “there was no more to give me.”

Doctor Guild said—In trueth there was some money in dealling, but he came to the hinder end and when the purse was weill neare teemed.

Mr Joⁿ Ker said—I know a minister, Mr John Lawder, that came when the bag was almost teemed, and the Earle of Dumbar, who was his patron, said—“Well, Mr John, yow are too lang a-coming, for I have no more left but ten punds, 40ᵈ less,” and that he gat.

Mr Thomas Mitchell said he had a good-brother that was there, and when he came hame he was asked what he gat. He answered, he saw it in dealling, but not a penny he gatt, but was threatened by the Bishop to be sent to Ireland.

Mr Simeon Johnstoun said—He was there, but gat no money; only went thither upon the Kings Letter.

The Moderatour said—That might weill be your rewaird.

Then diverse other of the brethren arose and declaired that there was both money taken and given at that last Assembly, and lykewayes they nominat sundrie that had receaved it. Then the reasons for the nullitie of the pretendit Assembly at Aberdein 1616 was red and proven to be valide.

The Reasons of the nullitie of Perth Assembly 1618 was red and fund valide, and Mr Laurence Kinneir told that his name was put out and uthers wer put in the rows.

Mr George Muschet said—Some that came with Commissions, because they trowed their voice would be negative, their names wer put out, and Mr John Murray offered three or foure tymes to speake the pretendit Moderatour, but gat not libertie; and when he came hame he said he never saw [such] ane ordour at ane Assembly.

Mr James Cunninghame said—The Bishop or pretendit Moderatour, in his discourse which he had be way of preaching, he was there labouring to cleare himselfe of any imputations which he said was layd on him for being the devyser of the 5 Articles. He tooke aff his hatt, which he had on all the tyme of the preatching, and attested God that he never knew of the 5 Articles till the King sent them doune, and commanded to ingrosse them in the Assembly; and Doctor Lindsay, who was the man that answered all the arguments, when it came to the voiting, said, “I confesse there is neither Scripture, antiquitie, nor reason for them;” and farder, he was heard say, “If either reason, Scripture, or antiquitie had place, he will tyne the cause.” The question was stated, whither, in respect of the Kings Commandment, the 5 Articles should pas or not in ane Act? And it was urged onlie to be acted in the Assembly bookes, and the Bishop said they should never be urgit with the practice of them; and the Bishop of Galloway, directing his speache to Mr James Carmichael, said, “Yow may see we conceaved the Act be way of Councell and not be way of Command,” and so, many gave way to the inserting of it in the booke for the Kings pleasure, who for conscience sake would never have practised them.

The Moderatour said—Brethren, I think when ye read constitution of Synods, and these conditions that are essentiallie requyred for making up of lawfull Assemblies and Synods, ye will find many peccant humours in these Assemblies against these rules, and ye will find scairce any of them keeped. I have sundrie tymes considered the Conditions that all divines think requisite to be keeped in Assemblies, but I could never see ane of them keeped in their Assemblies, especiallie in that of Perth.

Mr David Dalgleishe said—I remember it was said that these articles seemed to Poprie, and the pretendit Moderatour said he would meet the Pope midgate; and in voiting they wer commandit either to grant all or deny all, for the Articles wer all voited together.

The Moderatour said—If there be any other brether in this Assembly that hes any uther particular concerning Perth Assembly, let them now declair it before it goe to voiting, and let us doe all out of cleare light, solide knowledge, and certane persuasion, that we pass not from it the nixt day. Ye know what pitiful perturbations and tragical tribulations hes bein upon the urging of these articles, and we have reason to blesse God, who this day calls them to examination. I think there was four yeares betwixt the closing of the Assembly and Parliament that ratified it, and all the tyme betwixt, there could never a certane forme be gotten of that Act. Alwayes brethren, becaus this is a matter of importance, and I would have you all fullie perswaded in your mynds; any man that hes anything to say, he hes now tyme.

The Assembly was all silent, and thereby declared their satisfaction. Then the rolles wer called, and the whole Assembly, all in ane voice, without contrare voice, declaired all the forsaids Assemblies to be null.

The Moderatour said—Ye have voited unanimouslie; and these Assemblies I trust be not only null, but hereafter shall be a beacon that we stryke not against such rocks; pathemata nothemata, nocumenta documenta.

Then the Moderatour pronounced, in name of the Assembly, these Assemblies to be null, in these words:

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

Sess. 13.—5 Decʳ 1638.

After in calling on the name of God,

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

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

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

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

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

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

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

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

Then Mr Wilkle, Henry Stirling, Sir Robert Boyd of Bonschaw, Mr David Elphingstoun, Mr Hendry Semple were sworne to declair what they knew against Mr James Forsythe, Minis292 ter of Kilpatrick, to the Commissioner for the Billes.

Complaint against the Prelats.

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

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

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

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

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

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

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

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

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

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

[Process against John Crichtoun.]

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

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

Sess. 14.
[December 6, 1638.]

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

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

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

The Assemblies condemning the Service Booke and High Commission.

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

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

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

Then the Clerk called the rolles.

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

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

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

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

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

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

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

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

Mr Alexʳ Hendersone,	Mr Alexʳ Bisset,
Mr David Dalgleische,	Mr Alexʳ Cunninghame,
Mr John Robertsone,	Mr George Halyburtone,
Mr Andrew Wood,	Mr Frederick Carmichael,
Mr George Somervell,	Mr John Robertsone,
Mr Silvester Lammie,	Mr James Lightoune,
Nobles—
Montrois,	Sinclare,
Lindsey,	Cowpar,
Barrons—
Auldbar,	Din,
Fintray,	Newtoune,
Scottiscraig,	Auchterhouse,
Thomas Durhame,	James Sword,

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

Sess. 15.—Dec. 7.

After in calling upon the name of God,

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

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

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

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

Then there was

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

[Bishop of Galloway deposed, &c.]

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

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

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

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

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

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

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

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

Then the rolles were called.

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

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

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

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

[Spottiswoode, Bishop of St Andrews.]

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

[Bishop of Brechin.[138]]

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

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

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

Sess. 16.—Decʳ 8, 1638.
[Lindsay, Bishop of Glasgow.]

After prayer to God,

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

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

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

[Confession of Faith—Episcopacy.]

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

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

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

Then the Moderatour desyred Lowdoun to declair his mynd.

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

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

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

After the reading of the Reasons,

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

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

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

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

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

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

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

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

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

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

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

Abjuration of Episcopacie.

Then the Rolles were called, and

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

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

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

Sess. 17.—Decʳ 10, 1638.

After prayer to God,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Then the Rolles were called.

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

Moderatour said—I thinke there is no question; but if the question had been made to the Generall Assembly when the Confession of Faith was subscryved, Whither they shall observe Kneilling, Pasche, Zuill, &c., but many would have declaired negativelie; and if ever they had thought that they should have bein introduced upon this Kirk, they would have bein more particular in it, albeit the generall is cleare enough, as it is cleare by the interpretation of the Confession of Faith according to the Acts of the Kirk, that they are abjured, and therefore to be removed. And, truelie, considering the great woe they have brought in this Kirk, we have verie great reason to rejoyce in God, and to give his Majestie heartie thankes that hes brought us to this comfortable conclusion; and ye may see how comfortable a thing it is for brethren to meit togither thus in ane Assembly, whereof we have bein depryved thir many yeares, and that these Articles hath bein the caus of this division. It is notour how many honest and faithfull servands of Christ hes bein put from the ministrie, to verie hard shifts, and are not yet admitted, of whom I thinke notice should now be taken; ffor in all halcion tymes, when sore troubles were blowen over the head of Gods Kirk, there hes bein still notice taken of these whom God made sufferers; and ye know how many of ourselves hes bein threatened to have bein put from our places; and if they had gotten their will, there had bein few honest ministers left in the land; and therefore we have caus to blesse God that we are delivered from these corruptions.

Then there was a letter produced from the Bishop of Cathnes, declairing that the caus of his not coming to the Assembly was his bodilie sicknes and his extreame disease, wherein he acknowledged the lawfulnes of the Assembly, and declaires that willinglie he had subscryved the Covenant; and it was found that he had not subscryvit the Bishops Declinatour.

My Lord Weymes declaired—That he had bein at the Bishop of Glasgow; and he said that the Bishop regrated that he had put his hand to the Declinatour, and told that he had intention to come to the Assembly, but the Commissioner diswaded him; for Declinatour, sayes he, they urgit him with it, and he did it in great suddentie, and repents it; and said he would take his hand from it were it not that it would be disgraceful to him; and when I desyred him to give two lynes under his hand declairing his submission to the Assembly, he said he had not his wittis about him, and desyred the Assembly that he should be dealt with as those who had submitted themselves. And the Assembly answered, that since he was amongst the subscryvers of the Declinatour, he behoved to have his owne place.

[Bishop of Edinburgh.]

Then there was Articles of Accusation given in against Mr David Lindsay, pretendit Bishop of Edinburgh; and he was called upon and his procurator, and his proces red, and probations thereof.

Then Mr Androw Jaffray and Sir John MᶜKenzie declaired that they saw him bow to the altar. Mr Andro Kerr and [George] Dundas saw him dedicat a kirk after the Popishe maner.

Then the Rolles wer called.

Mr Alexʳ Kerse said—He is a violent brecker doune of the hedge whereof I spacke the last day; and, seeing he continowes obstinat, let the sentence of excommunication byte him.

And the whole Assembly in one voyce voited to his deposition and excommunication.

Then the Moderatour said—Ye see the Assembly agries, without a contrare voit, that he shall be deposed from his present office of Episcopacie, and from all function of the ministrie. I am perswadit that this Assembly is seeking their salvation allanarlie; and we know no other remeadie for gaining their soules but this only; therefore let us doe it out of compassion to the Kirk of God and him also.

[Bishop of Aberdeen.]

Then the Bishop of Aberdeines proces was red, and the probation thereof.

Mr John Row declaired, that he subscryved the Protestation given in to the Parliament 1606, and that there was no man more against Bishops in the toune of Stirling nor he; and he was mightilie offendit at Mr John Grahame, who was taking a bishoprick; and, since that, all the brethren here present were in mynd he should be given to the Divell for betraying the liberties of the Kirk; yet nevertheless, he was the man that tooke out the bishoprick out of Mr John Grahames hand. I remember when he subscryvit the Protestation, he subscryvit verie neir the end of the paper, and it began to weare; when he began to get the bishoprick, we said he was going to loupe the dyke.

The Moderatour said—Mr Patrick Symsone said to me, he never lyked Mr Wᵐ Coupar, and Mr Adam Ballantyne; for they were too violent against Bishops, without any light, or good reasons; and, therefore, he feared that they should never be constant.

Auldbar and Mr David Lyndsay declaired that they, being in the Bishops house, when Auldbar said, “The only meane to take away abuses and disorders in this Church was a free General Assembly,” he arose in a great flame and passion, and said, “The first article that he would make then will be to pull the crowne off King Charles head.”

Moderatour said—Though his hand be not at the Declinatour, yet he has not submitted himselfe to the Assembly, and this would be considered beyond the rest, (I may call it so,) his apostacie; for the being once of our opinion, and now so far degenerat, that he is become osor sui facti.

Mr Androw Cant said—There entered a contest betwixt Craigievar and this Mr Ballantyne, concerning the patronage of the Kirk of Kinghorne, and was long agitat before the Lords. Alwayes Craigievar presented a Cusing of his, and the Bishop impedit him, pretending that the King had the right, and, consequentlie, the Bishop of Aberdeine. At last, the Bishop gave Craigievar 160 merks to desist, to the end that the Bishops sone might get the place.

Mr Thomas Mitchell declaired that he was present by accident when he did consecrat a chappell, the chappell being richlie hung, and all the rest of it. The lady came in, and gave him a catalogue of the things that are within, which she had wrought with her owne hands, and desyred that they might be dedicat to God, and so delyvered the key to the Bishop, who went in and preached a sermon of consecration, and baptized a child, and then went to their feisting. His text was upon Solomons dedication of the temple.

Then the rolles were called.

Mr Alexʳ Kerse said—Besyde that he is guiltie of the breake of the Caveats, there are many grosse faults proven against him; and therefore, albeit he hes not subscryvit the declinatour, he deserves deposition and excommunication. And the whole Assembly voited the samine, except Mr Richard Inglis, and two or three more, who voited onlie to his deposition.

[Bishop of Ross.]

Then the Bishop of Ross was called on, and his procurator, and proces red and the probation thereof.

The Provest of Dumfries said—That when he was in their toune on the Sabbath day, they expected his comeing to the kirk, and layd cushoons for him; yet he came not, but went to a excommunicat Papists house, and stayed all day.

Lowdoun said—He was sent up to Court by the Counsell of the Bishops for the Kirk, that order might be tane for Papists; and, instead of that, he brought doune Articles from them, and newis came to this toune to give in the Bishops Declinatour.

Then the rolles were called.

Mr Alexʳ Kerse said—He is the vive example and perfyte paterne of a proud Prelat, and enters in composition with the Pope himselfe; and, therefore, let him have his due deposition and excommunication. And the whole Assemblie, in ane voice, voited the same.

[Bishop of Dumblane.]

Then the proces against Mr Ballantyne, pretendit Bishop of Dumblane, and the probatione thereof, was red. The rolles were called.

Mr Alexʳ Kerse said—I heard, of late, a notable sermon by a brother in Edinburgh, wherein he sent him to the land of Nod: and let him be sent there and arreasted there, with deposition and excommunication. And the whole Assembly, in ane voyce, except Keir, voited the same.

Then the complaint agᵗ Mr James Forsyth, minister of Kilpatrick, was given in; and, efter the reading of the proces, and probation thereof,

The Moderatour said—I think there is two great faults in that proces; that, upon the Saturday before the Communion, (at night,) the Sunday morning, he was writting of summonds to send athart his paroche; and, upon the Sabbath day efter the first sermone, when the tables were going to serve, he brought ane Officer at Armes to the end of the communion table, in Presence of 1600 communicants, and caused him reid Letters of Horning. And lykewayes he hes both declyned the Presbitrie and the Assemblie. He is alreadie suspendit; and, therefore, ye are to give your judgement whither he merits deposition or not?

Then the rolles were called, and the whole Assemblie voited to his deposition.

Moderatour said—We hope God shall give him repentance, that he may make use of his gifts afterward; but, for the present, I, in name of the Assemblie, discharge him from all function in the ministerie, and declaires his place to be vacant.

Sess. 18.—Decʳ ij, 1638.

After in calling upon the name of God,

The Modʳ nominat some for clearing of the proces against the Bishop of Cathnes: Alexʳ Monro, Mr Wᵐ Gray, Mr George Gray, Mr [George] Leslie, Mr John Murray of Pennyland, to conveine at my Lord Eglintouns lodging.

[Bishop of Orkney.]

The Moderatour said—There are heir two writes come in my hand concerning the Bishop of Orkney. The ane may be proven by witnes in this house, and the uther is more large, punctuallie deduced and subscryved be 12 ministers of Orkney. If the generall satisfie you not, ye shall heare the particular.

Then Mr George Grahame, pretendit Bishop of Orkney, was called on, and his proces red, and probatione thereof. After the reading thereof,

The Moderatour said—Ye see what he hath committed against all the Caveats, and what tyrranicall usurpation he hath exercised above the ministrie, and many uther particulars which ye heare in the proces; and, notwithstanding of all this, he hath be his letter offered a kynd of submission to the Assembly, in saying, if God spair his lyfe, he will be readie to doe and answer whatever the Assembly shall impose and requyre; and, lykewayes, he hes not subscryved the declinatour, and, therefore, it would seeme that he deserves not such a sentence as some uthers.

Mr Walter Stewart objected that there was nothing in his letter which could import a formall submission; but was rather to be understood of his intention to answer to what was to be layed against him.

It was answered by my Lord Lowdoun, that it was a materiall submission, howbeit not formall; and to this answer the Assembly applaudit.

Furthermore, Mr Walter Stewart declaired, that he had gotten information, under the clerks hand writt of Leith, that there was a gentlewoman there present delivered of a childe, and she declaired that Mr Patrick Oliphant, minister at Scheitland, sister sone to the forsaid Bishop, was father to the chyld, and this the Bishop knew before Lambes, and, notwithstanding, tooke no order therewith.

Then the Moderatour answered—Whither or not the pretendit Bishop of Orkney, (not having subscryved the declinatour, and given in a materiall submission to this Generall Assembly,) should be deposed, or have any further censure? To the which, after calling of the rolles, the Assemblie did agree; and, farder, if he did continow obstinat, he should be excommunicat.

[Bishop of Murray.]

Then there was given in a proces against Mr John Guthrie, pretendit Bishop of Murray, wherein it was found that he had transgressed all the Caveats. It was objected that the Assembly could not proceed against him, in respect he was not personallie summondit. The clerk answered that he had summonded him at the Kirk of Edinburgh and Leith, the ordinarie places of citatione in ecclesiasticall causes. 2ᵈˡⁱᵉ, That he was personallie summonded; but the executions of the summonds was not produced; 3ᵈˡⁱᵉ, It was answered, that the 2 Caveats obleissed every ane of them to compeir before everie Assemblie, to make accompt of their doings; 4, That the protestatione was sufficient, protesting that it might be instead of summonds for them.

Mr Androw Cant said that he knew him to be a common ryder on the Sabbath day, and lykewayes that he was a prettie dancer, as Mr Thomas Abernethie can testifie. At his daughters brydell, he danced in his shirt. Lykewayes, Mr Androw said, that he conveyed some gentlewoman to a chappell, to make a pennance, all hair footed. This Mr Thomas Abernethie declaired to be of trueth.

Mr Frederick Carmichaell said, that the Bishop being, by occasion, ryding from the church on the Sunday morning, he was desyred to stay all the night, becaus it was the Sabbath day. He answered, he would borrow that piece of the day from God, and be as good to him some uther gate.

The Moderatour said—I think, though he hes not subscryvit the declinatour, yet deposition should passe against him, if the Assemblie thinks it good; and, if he declair his contumacie afterward, when the sentence of the Assemblie comes to his hearing, they will declair that he shall be worthie of excommunication.

Then the rolles were called.

Mr Alexʳ Kerse said—His not subscryving the declinatour deserves some mitigating consideration. Therefore, I think he should be deposed for the present, not exeeming him from excommunication, if he continow obstinat; for he deserveth both; and the rest of the Assembly voited the same. Some voited that he should make his repentance in the church of Edinburgh, where, he said, he wᵈ be more vyld in the eyes of uncals, for the pleasure of his king. Twelfe did voite he should presentlie be excommunicat.

[Bishop of Glasgow.]

Then the Bishop of Glasgow was called on, and his proces red.

Mr David Lindsay said—I and Doctor Guild went in to him, and we represented unto him the fearfull caice he was in till that he did submitt himselfe to the Generall Assembly, and pas from his declinatour. He began to make a numeration of the good turnes he had done in favours of this Kirk against Papists, and requeasted the Assembly, for Gods caus, that the sentence of excommunication might not be given out against him till the latter pairt of the Assembly.

The Moderatour said—It would seem that, notwithstanding the Assembly shall find him worthie of excommunication, yet, if betwixt the decreit and pronouncing of the sentence, he shall give his submission, the sentence of excommunication shall be suspendit.

Mr George Young declaired—That my Lord Lindsay Sinclair, Mr Androw Ramsay, and himselfe, had bein presentlie in at the said Bishop, and whillas, by your Lordships advyce, he was condescending upon some doctrines for satisfaction of the Assemblie, the said Mr George Young declaired that he drew up a writt what he was speaking and gave it to himselfe to read, and, as he was reading it, he swarfed; and, after that, he protested that he could not take it to his consideration for that tyme, and therefore besought the Assemblie, for Gods caus, to delay the sentence for the tyme, and desyred that his former lyfe would be tane notice of, and that he was never violent in urging the novations; and, for the declinatour, he said it was not only offered unto him, but he was commandit to subscryve it.

The Ministers of Glasgow answered—That there was no man more violent in urging the Service Booke, &c.

Mr Alexʳ Spittall declaired that the said Bishop did transport two Ministers at his oune hand, without the advyce of the Presbitrie or Paroches. Then the rolles were called.

Mr Alexʳ Kerse said—It is a heavie matter that ane of his age should choose to die under a vaine title of honour, and to cast him under the danger of such a unhappie viaticum, and not rather to joyne himselfe with this honourable Assemblie. My opinion is, that he be presentlie deposed, and, if he did not submitt himselfe to the Assemblie before it end, let him be excommunicat.

Then the rest of the Assemblie voited that he was worthie of deposition and excommunication, but that his excommunication should be delayed, to try if he would submitt himselfe.

Bishop of Argyle.

Then the pretendit Bishop of Argyle, Mr James Fairlie, was called on, and the Articles proven, before the Committie, wer red: whereon it was found that he had broken the Caveats, and uther guiltinesse beside.

Moderatour said—There are diverse degries of guiltinesse, and, proportionallie, there should be degries of censures; and, if the Assemblie thinke good, let these be deposed, and, upon their repentance, let them be receaved to the Ministerie. Then the rolles were called.

Mr Alexʳ Kerse said—It is said of one that he was so vigilant a Consul that he sleeped nane all his tyme, for he was entered in the morning and put from it ere night. So was it with this Prelat; for he sleipit but few nights in his Episcopall nest, and was not weill warmed in his Cathedrall chyre, whill both chyre and cuschane was taken from him. Therefore, depose him only; and, if he obey not the sentence of the Assemblie, let him be excommunicat. The Assemblie voited the same.

Bishop of the Isles, &c.

Then was the Bishop of the Isles called on, and his proces red. The rolles being called, the Assemblie did all agrie to his deposition; and, concerning the order of his repentance or excommunication, let it be thought upon afterward.

The Assemblie concludit that the Billes should come in only according to the order of the rolles. A reverend Father, Mr William Livingston, Minister at Lanark, gave in his excuse to the Assemblie. Because of his sicknes he behooved to retire hame, and cravit leave of the Assembly, whilk was granted.

Then the Complaint was given in against D. Andro Lawmont; was remitted to the Presbitrie of Kirkcaldie, and the Commissioners of Coupar and Sᵗ Androwes were joyned to them.

Then there was a proces given in against Mr John MᶜNaught, Minister at Chirnsyde; and, after the calling of the rolles, the Assemblie voited that, for deserting of his Paroche, declining his Presbitrie, and preaching of Arminian doctrine, he absolutelie should be deposed, and his kirk declaired to be vacant.

The proces against Mr Francis Harvie was referred to the Commission at Edinburgh. Then Mr Thomas Fosters proces was given in, containeing many grosse and blasphemous poynts; and, after the calling of the rolles, the Assemblie voited that such a minister as he should be put off in a singular manner, and deposed from the ministerie.

Sess. 19.—12 Decʳ 1638.
Bishop of Dunkell.

After prayer to God, there was a letter red, from Mr Alexʳ Lindsay, Bishop of Dunkell, wherein he had declaired, that he had subscryved their Covenant—that the Assemblie was lawfull—and that he submitted himselfe to it, and supplicat the Assemblie that he might die a Minister at Lyneydors. After that his proces was red,

The Moderatour said—Ye heare what is said against him—the common Episcopall transgressions, and many grosse thinges besyde; and it would seeme verie hard that he should be continowed in the Ministerie, except he make his publict repentance, and make some discourse of the Corruptions of the Kirk; and, if he be not able to come to the kirk, let some brethren of the Ministerie, of the gravest number, be sent to him to be witnesses of his recantation and repentance.

Then it was questioned whether the foresaid Bishop should be deposed from the Bishoprick, and all functions in the Ministerie, or whether he should be deposed from his Prelacy only, and, according to his desyre, continowed Minister at Lyneydors?

Mr Androw Cant said—I lyke the Bishops notion weill, that desyres to die a Minister; but it is to be feared that he have respect to his owne credit and meanes, as in former tymes, and so many poore saules disappoynted.

Mr David Dick said—If we believe that Episcopacie is such a wrang to the Crowne of Christ Jesus, and to this Kirk of Scotland, and we believe that the making of so many saules to starve yon way, it is a bloodie sin before God. We must have a speciall cair of restoiring God to his honour; and, therefore, how sicke soever he be, he can write a letter of his full dimission and repentance, utherwayes let him be deposed and excommunicat.

Lowdown said—Howbeit he had sent a formall dimission to the Assembly, it is necessar to use deposition, and, I thinke, what is done heir should be drawen up and sent to him, that he may make his dimission formall, and may restoir what he hes wrongouslie detained pertaining to the Kirk.

After much reasoning to and fro,

The Moderatour stated the question—Whether or not upon his dimission, which is singular, he shall be deposed, not only from his Prelacie, but from all function of the Ministerie? Then all the rolles were called, and all the Assemblie except 20, resolves upon this—That he shall be deposed from his Episcopacie; yea, and from the exercise of all Ministeriall function, till such tyme as he satisfie by his paines these who are sent unto him by the Assembly, whose names follow:—Mr Robert Murray, Mr John Robertsone, Mr Alexʳ Petrie, Mr George Muschet, Mr Wᵐ Menzies, Mr George Symmer, Mr John Robisone; the quorum fyve. The provyding of the kirk of Lyneydors, and a competent allowance for it was referred to the Presbitrie.

[Bishop of Cathnes.]

Then the Articles against the pretended Bishop of Cathnes was given in. After the reading thereof, there was some of his noble friends desyred that he might be continowed in the functione of the Ministerie since he hes acknowledgit the Assembly and subscyvit the Covenant.

Lowdoun said—He behooved to be deposed and suspendit from any function of the Ministerie, till he take him to a particular flock.

The Shirreff of Teviotdaile said—That he was willing to have tane him to the Ministerie, but the High Commission put him from it, and would either have him keip his Bishoprick or quyte them both. Lykewayes, within this short tyme, there was a fast indicted for the good of the same caus, and Mr James Burnett, the Minister of the Paroche, would not keip the fast. He keipit it in his house, and a number of the Paroche resorted to him, and he may doe good in that Paroche, for the people hes a love to him, and a great detest to their Minister.

Moderatour said—There is a difficultie in it. We cannot for the present interpret him to be a Minister, becaus he hes not a particular flock; and so it would seeme the greatest favour the Assemblie can do to him is this—that upon his repentance they may admitt him to a particular flock.

Lowdoun declaired that when the High Commission put him from the Ministrie, he gave in ane protestation against Mr James ________, whom they put in his place; and there is 50 in Jedburgh that subscryvit the protestation.

The Moderatour said—The question is concerning his deposition; for I thinke ye doubt not of his Episcopall office; but whether he shall be deposed from all function of the Ministerie?

Then the rolles were called, and the whole Assemblie agried upon his deposition from his Episcopall office; and, upon his repentance, to be admitted to the Ministerie.

Mr Androw Rollock, Minister at Dunce, declaired that he had ignorantlie subscryved the Bishops declinatour; and now, having gotten light, he was content to pass from it.

Moderatour said—There are a number of the Bishops who are ordained to be excommunicat, and now we are to consider the tyme when it shall be done—the persones that shall pronounce the sentence—the place where—and the maner how it shall be done; or whether the sentence shall be delayed any longer or not?

Lowdoun said—The delaying of the sentence would seeme to be verie prejudiciall. For these that are absent out of this toun, there is no appearance that we shall get them to deall with; neither is there any appeirance of their repentance as yet who hes subscrivet the declinatour: And becaus we know not what interruptions may be shortlie, it is good to make use of the occasion which God, of his great mercie, offers to red his Church of them; and it is the justice of God recompenceing their pride, on the ane hand, and the trumpet of his mercie to recall them to repentance, if it be possible, on the uther hand; and so the delay of such a good worke seemes to be verie dangerous. As for the place, where ye are seemes to be verie fitt; and for the persone, doubtlesse it must be yourselfe who is the mouth of this Assembly, to pronounce the Judgement of the Assembly against them, that this Kirk may be delyvered from the thraldome it was in.

The Moderatour said—There was no practice of the Kirk for that, and that Bishop Adamsone was not excommunicat by the Moderatour of the Assembly.

Nevertheless, the Assembly desyred that the Moderatour himselfe would take it upon him, and that he should delyver a Sermon in the same church the morne at Ten hours, and let them be excommunicat. This was concludit be the consent of the whole Assemblie.

Mr James Cunninghame, Minister at Sum ... oke, gave in a Bill to the Assembly, desyreing earnestlie that he might be transported, for many weightie reasones, such as his age and unabilitie to travell throw that paroche, being 9 or 10 myles boundes, and having small meanes of provision; that for thir thrie yeares he gat no stipend, and many uther pressing difficulties which the Assemblie fand to be true, and granted him libertie of transportatioun, by advyce of the Presbytrie, when God sends occasion.

Sess. 20—Decʳ 13, 1638.
[Deposition of the Prelates.]

[In the MS. from which this report is transcribed, the Sermon by the Moderator and Act of Deposition of the Bishops, appointed at the former sederunt, are entirely omitted. As, however, that was one of the most solemn and important proceedings of the Assembly 1638, we deem it incumbent on us to supply the void; and we have been so fortunate as to become possessed of the means for doing so. In the year 1762, Alexander Henderson’s Sermon, including the Act of Deposition, was published in a small pamphlet, entitled, “The Bishops’ Doom,” of which the whole title and a prefatory note are subjoined;[139] and although the particular record from whence that publication was taken is not specified in the note, we find its tenor corroborated by Mr David Laing’s MS. Report, formerly referred to (p. 128), in which the Sermon is given. These two copies we have accordingly collated, and what follows, therefore, may be considered as substantially correct.]

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SERMON.
Psalm cx. 1.

“The Lord said unto my Lord, Sit thou at my right hand, until I make thine enemies thy footstool.”

For taking up the meaning of this text, we need only have recourse to a commentary that the Lord himself makes upon it in the gospel, Mark, xii. 36: for he asked of the Pharisees concerning the Messiaa, Whose son is he?—they answered, The son of David. He replies, If he be the son of David, How is it, then, that David, by the Holy Ghost, calls him his Lord? And so we have here a testimony of the Spirit speaking in David, a thousand years before Christ came in the flesh, that the Word would be made flesh, and that he would set up his tent and tabernacle amongst us; for so is the word that is used in the 1st of the gospel according to St John rendered; and that amongst the children of men he should drink of the brook, i. e., stiff, bitter things, as is expressed afterward in the psalm; and that he having done so, would be exalted above all creatures in heaven, and, in the fulness of his glory and majesty, sit down at the right hand of the Father, and should from thence rule and dispose upon the affairs of his Church magnificently and mightily, according to the worthiness and excellency of so great a king and so glorious a majesty, till at last all his enemies, both foreign and intestine or domestic, should be brought low, and made his footstool; and as they had trodden upon the holy blood of the Son of God, he should tread upon them, and pour shame and confusion upon them, and utter banishment from his face for ever.

Right honourable and well-beloved, we are but short-sighted naturally; we look upon persons and things that are present, and cannot look afar off to things that are past, neither have we a very great prospect to look forward to things that are to come. And as our sight is short, so it is weak also: if we but look upon things here below, our eyes are soon dazzled with the splendour of them, although, when all is done, their lustre be not great; we cannot get in with our sight to things that are above. But if we will take the right view of this text, it would help us both in the one and in the other; for you see it leads from that which is past to that which is to come.

“The Lord said.” This hath an eye to the time to come. There is a time coming when all the enemies of God, the most proud and insolent of them, shall be made the footstool of God, shall be brought low, and made base and contemptible. And it helps us to lift up our eyes from things on earth to things above, especially to Christ himself, who is in the highest heavens, at the top of glory and majesty, the right hand of the Father. “The Lord said unto my Lord, sit thou at my right hand,” &c.

In these words, beloved, we may see three parts, which determine our method of speaking. The first is the calling and ordination of Christ unto his kingdom: “The Lord said unto my Lord.” The second is the dignity and glory to which he is exalted in his kingdom: “Sit thou at my right hand.” The third is that glory and triumph that shall be manifested in him at last: “And his enemies shall be made his footstool.” I shall speak very shortly of these, because ye know preaching is not this day’s principal exercise.

We begin with the first, the calling and ordination of Christ unto his kingdom: “The Lord said unto my Lord.” Here ye would look first unto the saying and then unto the persons: “The Lord said unto my Lord.” Ye know we used to observe, that there be two sorts of speech or sayings: one that is secret within our breasts, and which we keep in silence within ourselves, as long as we think convenient; another is the expression of our thoughts, when we think meet to make them known. Ye know there is one uses to be called λογος ενδιαθεκος προφορικος. Like unto these two, there is in the Lord, (1.) His purpose, counsel, and decree, kept secret within himself. (2.) There is the expression, or the manifestation and proclamation of his purposes and decrees unto the children of men, after what manner and in what measure it seems good unto his wisdom. Of the first, the second psalm speaks, “I have anointed him to be King;” and there the reason is given—“Thou art my son,” &c.; then there is the revelation of it—“I have declared the decree.” Many times was this said before Christ’s coming in the flesh, and the prophets are full of it. I need not spend time on it, especially in such an audience as this. Now, this is laid down as the ground, “The Lord hath said:” his decree, prophecy, and predictions are laid down as a ground of this princely office of the kingdom of Christ, and of that high glory and dignity to which he is exalted; for what the Lord has said, it must be done of necessity.

There is a very great difference between the sayings of men and the sayings of God; for man’s sayings are nothing else but the expression of his thoughts and affections of his mind; but, when the Lord speaks, he not only expresses what he will have done, but also there is an effectual power accompanies his saying, that cannot be resisted, but must of necessity come to pass. Again, when we speak, we must speak to them that are, and that have ears to hear, and understanding to conceive, or else our speech is in vain. But, when the Lord speaks, it is otherwise; he speaks to them that are not, and makes them to be; he speaks to them that have nothing of the second creation, and, by his Spirit, he creates it in them; by his speech, he makes darkness to be light, he speaks to them that are dead in sin, and by his Spirit puts life in them, new sense and understanding. Thirdly, Our speeches and sayings have need to be confirmed by reasons and arguments; and, therefore, we support them as strongly as we can. But when it pleases God to speak, he speaks so as he needs no argument: he bids a man leave his trade, and follow him; and the man will never ask the reason, because he convinces him fully, and persuades him irresistibly. Fourthly, It is in vain for us to speak to any that have no ability or power to do what we desire. But the Lord will bid them do that has no power, because, with the commandment, he infuses strength for the performance of it.

It is a good ground that is brought here of the exaltation, dominion, and dignity of Christ—“The Lord said unto my Lord, Sit thou,” &c.—for he having said it, who can say against it? who can resist it? The powers of hell, nor any powers in heaven, or in earth, suppose they were all joined together, cannot obstruct him. If the Lord hath said it, it must come to pass. Christ must be exalted, and his Kirk established also. Ye know that in the 2d of Daniel, the prophet, speaking of the kings of the earth, prophecies of another kingdom that Jesus will set up; and he sets it up with this promise and quality, “that it shall never be destroyed;” he that sets it up, shall uphold it; as sure as it is once exalted and set up, it shall never be destroyed, albeit the devil, and all his accomplices and sophisters, with all their wit, were against it. Dan. vii., 13, 14:—“I saw in the night visions, and behold, one like unto the Son of Man came with the clouds of heaven, and came to the Ancient of Days; and they brought him near before him. And there was given him dominion, and glory, and a kingdom, that all people, nations, and languages should serve him; his dominion is an everlasting dominion, which shall not pass away, and his kingdom that which shall not be destroyed.” Luke i. 33:—“He shall reign over the house of Jacob for ever; and of his kingdom there shall be no end.” And, Acts ii. 36:—“He hath made him both Lord and Christ.” Then, beloved, let us build upon this ground against all the devices, stratagems, and conspiracies of the world. Certainly he is Lord and King, and he shall endure so world without end.

It were a good thing for us, if we could learn to take up the conjunction that is between God and his Son Jesus Christ in his kingdom. I speak it, beloved, for this cause, that there is a kind of natural theology that men pride themselves in, that they gather partly from the works of God, which a natural man may observe and consider, and partly from natural reason. But this is not all; we must take heed, that although it cannot be denied that there is a natural sort of theology, yet we must advert that there is no natural kind of Christianity; for the natural man, by looking on all the works of God, and blowing up the sparks of nature all that he can, shall never be able to know Christ, or receive him, before it be revealed and proclaimed in the gospel; nay, when he hears it, he will condemn it for the greatest foolishness in the world. Therefore we would not please ourselves with this natural knowledge of God, but seek to know God in Christ. This is true Christianity. He that knows not Christ knows not God; he that resists Christ fights against God; he that believes not in Christ—please himself as he will—he believes not in God; and he that obeys the voice of Christ obeys the voice of God. I am assured many men, both in church and commonwealth, and many that preach theology, and perhaps Christianity, to others, consider not this, but please themselves in a natural sort of knowledge; and they go easily through with their forms; and all because there is nothing in nature to oppose the work they are about; but the children of God find a great difficulty—the infidelity of their heart, and other-like ills, fight against it.

Had the men who are to be censured and excommunicated the knowledge of Jesus Christ—notwithstanding that some of them preached him often, and all of them sometimes—I verily believe they could not have gone on so long in this course, and stood it out with such obstinacy and contumacy. Therefore let us learn, by their example, to search for the knowledge of God through Christ; for they are so joined together, as there can be no separation; and as they are joined betwixt themselves so they must be joined in our knowledge. It is not possible for you to know God but by the knowledge of his Son; and if we know not the consolation, virtue, and power of Christ, we cannot know the comforts, power, and virtue of God himself, but must remain strangers to the knowledge of God; for there is no comfort, virtue, nor power for life everlasting, but only through Christ himself.

“The Lord said unto my Lord.” You see here again, that the ground of the calling of Christ unto his princely office is from the saying of God—“The Lord said unto my Lord.” As he was called of God to be a prophet and a priest, so it was God that called him also to be a King. These three offices are all lawful offices in themselves. And likewise he was lawfully called unto it; for the Lord said it. And these two things, beloved, are necessary for a man that undertakes a calling. One is, that the office itself be lawful, and have warrant from God that the Lord has said, I will be served in such a place, and in such a function and calling. 2. When the office itself is lawful, a man must be lawfully called unto it. For ye know there is a difference between these two: sometimes the office may be lawful, and the man not lawfully called to that lawful office; and sometimes it comes to pass that men are called to unlawful offices; not that any man can be lawfully called to an unlawful office—and this is especially true in churchmen and the office-bearers of the Church. God hath permitted greater diversity of offices, and administration of these offices, to be in the commonwealth, than in his Kirk; because in the government of a state or commonwealth, there may be sundry forms of government and administration of justice, and all lawful. Kings may have governors and others acting under them; but it must not be so in the house of God. All the offices in God’s house, from the highest to the lowest, if I may lawfully say highest and lowest, must have a warrant from God; and men cannot say they are called of God, except their calling be from God, and have warrant from divine authority.

Beloved, I put no question but there are divers amongst us that have had no such warrant for our entry to the Ministry as were to be wished. And although the calling itself be not only lawful, but laudable, necessary, and commanded of God, yet, alas! how many of us have rather sought the kirk, than the kirk has sought us? how many have rather gotten the kirk given to them, than they have been given to the kirk for the good thereof? And yet there must be a great difference put between these that have lived many years in an unlawful office without warrant of God, and therefore must be abominable in the sight of God; and these who, in some respects, have entered unlawfully, and with an ill conscience, and afterwards have come to see the evil of this, and to do what in them lies to repair the injury. The one is like a marriage altogether unlawful, and null in itself; the other is like a marriage in some respects unlawful and inexpedient, but that may be mended by the diligence and fidelity of the parties in doing their duty afterward; so should it be with us who entered lately into the calling of the Ministry: if there were any faults or wrong steps in our entry—as who of us are free?—acknowledge the Lord’s calling of us, if we have since got a seal from heaven of our Ministry, and let us labour with diligence and faithfulness in our office, and particularly to be faithful in this, to get them expelled and put out of the Church whose office is not from God, such as these men against whom we are to proceed with the censures of the Kirk.

Now I come to speak of the persons. “The Lord said unto my Lord.” If ye will cast your eyes upon the words, ye will perceive that there are three ranks of persons here. There is, 1. THE LORD; he that was, and is, and shall be for ever. 2. There is my Lord Jesus Christ, who, after a special manner, is the King and Sovereign Lord of his Kirk, whom he has redeemed with his own blood. 3. There is a king here, David, who calls him my Lord: “The Lord said unto my Lord.” David calls Christ his Lord. And I may add a fourth, which may be understood by analogy, and that is the people of God under David. And thus ye shall draw out the line the full length, and make the subordination perfect, consisting, 1. Of the Lord above, to whom there is no match or equal, whose will is an absolute law unto all. And although men curiously dispute, if there be any cause, ground, or reason of the will of God, there is no question but in God himself there is a reason; but looking downward to us, the highest reason is the will of God—he who is divine and unsearchable Wisdom, is a rule for himself of his own commandments; but for us there is not another reason but his will; for he stands absolute in his sovereignty, none above, nor any equal to him. 2. Then the next degree comes: he who is here called my Lord, Jesus Christ the Son of God, whose will is full and perfect, conform to the supreme will of God; and there can be no more a division between the will of Christ and the will of God, than there can be a division of two natures in the person of Jesus Christ. Now, as these two are sure, 1st, The sovereignty of God in his will; and, 2dly, The Son of God perfectly conform to him; were it not a happy thing if kings, and princes, and superior powers would all strive to have their laws and actions, especially and principally in the worship of God, conform to the will of Jesus Christ, and these to stand in their own place of subordination under Jesus Christ, and then the fourth will come in very well—to wit, the people of God: first, the Lord; then Jesus Christ, his son; next, the king, prince, or supreme magistrate; and the people under them submitting themselves to their king and prince. And thus ye may perceive the right line in the course of government, and the right way of subordination; and there is no other right way beside this. And whenever men begin to go out of line, and forget their own subordination, then these that are under them become no way subject to them, because they go out of the right order; but they must look to them that are above them, and hold their eye on these, and so they will keep the right line. “He that follows me,” says Christ, “must forsake father and mother;” then, when the father and mother go out of line, we must not follow them, because we are bound to subordination unto God. In like manner, if a prince or a magistrate, who had such subordination from God, depart out of the line, and command things unlawful, shall the people obey them, and go out likewise from under the line? No, no; whoever departs out of this line, cannot have peace and protection of God, and the sweet influences that comes down alongst to all that keep themselves under this line; for the blessing of God comes down the straight line of subordination, and they keeping the line are sure to get a blessing. So did Daniel, he held his eye upon this line; and when Darius the king goes out of the line, he is forbidden by the God of heaven to follow the king, but directs his eye upon the line to Jesus Christ. Beloved, it is now counted jarring contention, and a turbulent humour, for men to refuse subjection to every thing that superiors please to command: but ye may see clearly what is obedience, and what is disobedience: it is not obedience to follow the humours of men, that goes out of this line; but this is obedience, when they obey them that are above them in the line. Therefore we should look to two things, when we hold our eye on this vista—1. We should consider whether these that are above us have their calling from God or not, and if they be our lawful superiors; and if not, then have they no place in this line; for there is here God, Christ, king, and the people; and so unlawful superiors have no place here. 2. If they be our lawful superiors, look if their commandments be lawful: for in so far as their office is unlawful, they go out of the line; and if they be unlawful superiors, we owe them no obedience: and this day’s work is to delete the names of such superiors out of this line. Again, when our lawful superiors, to whom we owe obedience, command what is unlawful, we are not bound to obey them. Therefore, let all and every one of us, as we would that the drops of the sweet influences of God’s spirit should come down upon us, hold ourselves under the line, otherwise the blessing shall fall upon them that keep the line, but never a drop upon these that are trangressors, or goes out of it.

We come, in the next place, to speak unto the dignity and dominion unto which our Lord Jesus is exalted—“Sit thou at my right hand.” As I told you before, it is not my purpose to enter upon any large discourse, especially on this, which is so amply expressed in the Scripture—viz., the sitting of Christ at the right hand of God. Only a word or two, so far as concerns the present purpose. 1. You see it is said here, “Sit thou at my right hand,” or, as is expressed in the fifth verse, “is at thy right hand;” which seems to be opposite—for here Christ is at the right hand of God, but there God promises to be at the right hand of Christ. And this is very comfortable to consider, if we take it up right; for man is in a twofold condition that is very different. Sometimes he is at peace and quietness, rest and ease, and in glory and honour; and then, in this case, the right hand is the best place. I need not clear this; for I think many here understand it perfectly. Sometimes, again, man is in trouble and distress, in great danger and fear, and then it is otherwise; he has need of one to be at his right hand to help him, as in the 5th verse. And this is very comfortable, that, in the time of trouble and distress, the Lord is at thy right hand to keep thee, and guard thee with his right hand. But when the time of honour, reward, and recompense comes, then the Lord, as he sets down his Son at his right hand, so he will give every one their own degree, honour, and glory. And this was it that God promised to Abraham—“I will be thy shield, and thy exceeding great reward, to defend thee, and be at thy right hand in the time of all thy troubles and distress, and will not desert thee.” Again, on the other part, when the time of honour and recompense comes, “I will be thy rich reward, and will set thee on my right hand as sheep, when the goats are left.” This is not the ambition and pride of churchmen, in striving at the right hand of kings, &c. No, no; and yet this hath been the ground of meikle woe and mischief to the Church of God. Ye will find, and it is worthie of observation, that seldom or never almost does our Lord speak of his Cross, and of his sufferings in the gospel, unto his apostles and disciples, telling them that he is to suffer, but his disciples propone this question, “What place shall we have in thy kingdom?” imagining an earthly kingdom; which surely was a prognostication that the ambition and pride of kirkmen should be the greatest enemies that ever the Cross of Christ should have. And it is not possible for men, when the pride of their heart and ambition are seeking their own greatness, and wealth, and honour in the world, and how to make their houses great after them, and how to make their children live in delight and wealth—I say it is not possible they can esteem of the Cross of Christ as they ought to do. Such churchmen as these, if Christ were in the flesh again, would think they would be rather his masters than his servants, because they aspire after dominion and dignity, and have only a natural sort of theology, whereof I did speak before, but are ignorant of Christianity. Therefore let us strive in all our troubles to have the Lord on our right hand, as in the 5th verse of this psalm, that he may guard us against troubles.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[Eodem Die.]

After in calling upon the name of God,

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

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

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

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

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

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

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

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

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

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

The whole Assemblie voited the same.

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

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

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

Sess. 21.—Decʳ 14, 1638.

After in calling upon the name of God,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Doctor Panters proces was produced and delayed till the morne.

Sess. 22.—Decʳ 15, 1638.

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

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

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

After the reading of it,

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

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

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

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

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

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

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

Sess. 23. [December 16, 1638.]

After in calling upon the name of God,

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

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

Then the Commissions were appoynted as follows:—

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

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

Ane uther Commission to sitt at Irwing, Jaʳʸ 15.

Ane uther Commission to sitt at Dundie, Febʳʸ 5.

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

Ane uther Commission to sitt at Kirkcudbright, April 6.

Ane Commission for visitation of the Colledge of Aberdein.

Ane uther Commission for visitation of the Colledge of Glasgow.

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

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

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

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

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

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

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

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

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

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

The houre of meiting upon Monday is 10 houres.

Sess. 24.—[December 17, 1638.]

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

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

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

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

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

Moderatour said—They have power to supplicat.

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

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

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

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

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

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

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

Then there was a Committie nominat:—

Argyle,	Mr Andro Ramsay,
Montrois,	Mr David Lindsey,
Lindsey,	Mr Andro Cant.
Sinclare,	Mr John Livingston,
Eglintoun,	Mr Hew MᶜKell.
Lowdoun,
Laird of Blair.

A Complaint anent the Kirk of Airth was referred to the Presbitrie of Stirling.

Moderatour said—When we are thinking upon such old fruitfull tries as reverend Mr John Bell, we should also be thinking upon some young plants also, that we may know our oune strenth; therefore it is necessar that a number of expectants be taken up, both these that hath beine out of the ministerie for not conforme to Perthes Articles, and these that wer holden out and were forced to take them to ane uther sort of life, waiting for better dayes, and these that are now sprung up and are hopefull youthes, whom we trust who shall supplie our places who are old.

Then the Commissioners of Dundie gave in a Supplication for the transportation of Mr David Lindsey, Parsone of Belhelvie, to Dundie.

The Moderatour desyred the Provest of Glasgow, with some uther of the burrowes, to conveine this night, and thinke upon some overture for the change of the mercat dayes in Burghes from the Monday and Saturday, becaus they be great profanation of the Sabbath, and wer occasioned, that their consideration might be recommendit to the consideration of burrowes, which the Provest of Glasgow promised to doe.

There was given in the testimonie of the diligence of some of these to whom the Answer of the Bishops Declinatour was given in, which is insert before the Declinatour.

Sess. 25. [December 18, 1638.]

After in calling upon the name of God,

The Moderatour said—There is ane particular heir would be considered before we went forward, and this is about the forme of repentance of the pretendit Prelats, Dunkell and uthers, subscryvit alreadie, and uthers have not yet subscryvit: therefore I will tell my oune judgment and the judgment of uther members of the Assembly who have conferred with me. For the Bishop of Murray, let the Presbitrie of Edinʳ have power to cite him to compeir before them, and receave his injunctions the tyme of the Provinciall Assembly, where he shall receave the maner of his repentance; and if he compeir not, they shall proceid against him with the censure of the Kirk. As for the Bishop of Orkney, let him receave the matter of his repentance of the Presbitrie of Orkney, and let them appoynt some of thir members to receave it. For the Bishop of Argyll, that he be cited to compeir in Edinʳ at the Provinciall Assemblie, to receave direction for the maner of his repentance there. For the Bishop of the Iles, that he be cited before the Commission in Irwing to make his repentance. And in case they obey not the Presbitries where they dwell, proceid against them to the sentence of excommunication.

My Lord Lindsey said—If any of these who are excommunicat be content to make their repentance, shall they not thereupon be presentlie receaved?

Moderatour said—They may weill wait upon the next Generall Assembly; or if any of them be neir the poynt of death, and apprehending the terrors of God, let the Presbitrie lowse them from the sentence, if they be readie to cry out with Bishop Adamsone—“Lowse them, lowse them!”

Mr John Horne said—In that case, it wer weill done to receave them; but let them leave a testimonie in write of their repentance, as Bishop Adamsone did.

Moderatour said—There are divers seeking transportations, and, among others, Mr David Dalgleishe, Minister of Cowpar, who truelie hes great reason, if we will consider and compair his gifts with his meanes. He desyrit the benefits of it be transportation.

The Assembly allowes this transportation.

Moderatour said—Anent our cariadge toward excommunicat persones, I thinke civill affaires may be done with them—a naturall duetie done to them, but civill dueties verie sparinglie.

Moderatour said—We left about the Bishops declinator and protestation, and we appoynted some to make answer. Now, consider whither ye will heare a litle tast of their answer till the rest be ryper for the presse, and let it be remitted to some brether to be perfyted before the Commission close in Edinʳ, and put to the presse. Withal, ye know there would be a consideration had of the declaration that it hath pleased the Kings Majesties Commissioner to publische and print, that ane answer may be had to it, and such lyke, that ane answer be made to the protestation given in be him.

There is a great Booke fund to be authentick, containing many Acts of Assemblies, belonging to Mr Wᵐ Scott, in Cowpar. I thinke the Assemblie will joyne together to make him rander the same to the Assembly, and that a Letter be written to him, subscryved be the Clerk of the Assembly, to send the book heir.

The Shirreff of Teviotdaile said—There is a foull scandall in our countrie—a fellow that hes lived in incest with his wifes sister; and when Mr Thomas Abernethie was proceeding against him, he was prohibited by the Bishops.

The Assemblie referris this to the Presbitrie.

The witnesses against Mr Thomas MᶜGill was examined, and their probationes ordained to goe to the Commissions at Edinʳ.

A supplication was presented from the Paroche of Cardonald, becaus of their distance from their paroche kirk, to witt, 12 myles. They desyred a visitation, to the end that a kirk might be planted.

The Assemblie referris it to the Presbitrie, taking the help of the Provinciall Assembly.

Mr George Black, in the Presbitrie of Dumfreis, his Bill referred to the Commission at Kirkcudbright.

Mr Robert Wilkte declaired that he had spocken with Mr Robert Hamilton, minister at Lismahago, and that he was resolved to give satisfaction to the Assembly in many thinges, and therefore intreated that he may have libertie to advyse him till the morne.

Then the Commissioner of Edinʳ urgit againe the reading of their supplication, and cravit the voites of the Assembly.

The Commissioner of Sᵗ Androwes desyrit that becaus his supplication was first given in, it might first have ane answer.

The Moderatour said—I am sorie that this Assemblie, conveined about so great affaires, should spend any tyme about any thing wherein my name is named; for it is knowne to many of yow how small my portion is, and I pray God their earnestnes for me make it not lesse. I humblie intreat this Assemblie to judge according to knowledge, and not according to the solicitation of any, and I have alreadie submitted myselfe to the judgment of this Assemblie, and not onlie so, but I acknowledge they may command me to goe where they will: therefore I will remove myselfe out of the Assemblie, and let ane uther Moderatour supplie: onlie this, I certifie the Assemblie—if ye goe not on unanimouslie—if the ane half be ane way and ane uther half ane uther way, I will neither consent nor take it as a calling from God to remove.

Then Mr James Bonar, who was chosen Vice-Moderatour, said—I hope it be the unfeingzied, desyre of all our hearts, whom God hes called together in this Assemblie, to seik the honour of God and the advancement of the kingdome of his Sone Jesus Christ in this land; and I hope it is not onlie the desyre of the Assemblie in generall, but also the mynd and meaning of these Commissioners from Edinʳ and Sanct Androwes, who now doe supplicat, and if it can be qualified that the transportation of Mr Alexʳ Henderson, our Moderatour to Edinʳ, will serve more for the advancement of the kingdome of Jesus and good of the common earand, I hope yee from Sᵗ Androwes will applaud; or if the contrare be qualified, I hope these from Edinburgh will also rest satisfied.

Then the Commissioner from Sᵗ Androwes gave in a great number of reasons, both in respect of the toune, the paroche, the Presbitrie, and Universities, why the said Mr Alexʳ should be transported, which were all answered at large by Mr Andro Ramsay, neidless to insert heir.

The Laird of Erlishall made protestation that he should not be transported at all from Lewchars, for many reasons.

Lowdoun said—Since we are to prosesse ane end, let the publict head be so prevalent with us, that no predominant affection cary us away.

Then the Supplications from the toune of Edinʳ, and all their multitude of reasones, were againe read. Then the Moderatour desyred those who were appoynted to heare the said Mr Alexʳ his reasons, and to declair what they had done.

Mr David Dick answered—It pleased our Modʳ to lay furth his reasons before us, wherefore he should not be transported from Lewchars, and by them we were made sensible how great a burthen he tooke of any other motion; alwayes, after in calling upon the name of God, and hearing of all his reasons at leasure, our resolution ran on this—that the present necessitie requyred his presence at Edinburgh.

Moderatour said—Ye have heard many considerable reasons on all hands; therefore now, the question is, whither Mr Alexʳ Hendersone shall be transported to Edinʳ or Sᵗ Androwes?

Then the rolles were called, and there were 75 moe voits for Edinʳ nor Sᵗ Androwes. Then Mr Alexʳ being come in, Mr James Bonar declaired to him that the Assemblie had ordained him to be minister at Edinʳ.

Moderatour said—Becaus I know what a fearfull sin it was for a man either to obtrude himselfe upon a place or to resist Gods calling to it, this made me to cast myselfe in the hands of the Assembly: and now for ane externall calling, I have followed, you voited; and if ye have had any thing before your eyes in voiting but the glorie of God and good of the Church, to yourselfe be it said; and I will intreat you to joyne with me in your desyres to God for a blessing upon my labours that are weake, there, and withall, I beg of the Assembly that if weaknes of bodie or mynd shall come on me shortlie, I may have libertie to reture to some private place: which the Assemblie granted.

A Complaint given in against the Minister of Cambusnethen, and referred to the Commission of Edinʳ.

Mr John Bellis Supplication anent the transportation of Mr David Dick to Glasgow, referred to the Commission at Edinʳ.

Mr James Scharpe, minister of Govan, and Mr John Hamilton, minister of Innerkip, were transported to Paisley, upon the toun of Paisley their supplication.

Doctor Wᵐ Guild presented a supplication to the Assembly—That, whereas there was great fisching of salmond neir Aberdene upon the Sabbath, which occasioned great profanation of that holy day, by peoples continuall I resorting to see that fisching, even in tyme of divine service; and likewayes declaired how he had prevailed much, throw the blessing of God upon his labours, to restrane that abuse, so that divers worthie religious persones who have speciall interest in that fisching, had bein moved to draw up a bond and covenant among them to forbeare that sinfull practice in all tyme comeing; therefore supplicats that the Assembly may be pleased to make ane Act against the said profanation, that upon that ground he might proceed against them, after his returne from the Assembly.

The Assembly, after much disputation of this question too and fro, in respect they could find no Act of Assembly against salmond fisching for the present, and not willing to make ane new Act, they appoynted Doctor Guild, Mr John Robertsone, with some uthers, to thinke upon some overture for it against the morrow.

The Provest of Glasgow declaired that he had mett with some uther of the burrowes, and they had condescendit upon the change of Mondayes mercat to Wednesday, and desyred reference might be made of it to the Convention of Burrowes.

The Assembly appoynted the Earle of Montrois, my Lord Lowdoun, Burley, Sir Wᵐ Dundas, Mr John Ker, Mr Robert Blair, Mr Thomas Mitchell, to thinke upon some overtures to be proponed in Parliament, and the Commissioners to it, against the morne.

Sess. 26. [December 19, 1638.]

After in calling upon the name of God,

The Moderatour said—Ye know, as we must rander ane account to God for our proceedings, and be comptable to our owne consciences, so it is meit, for the peace and quyetnes of this Church, that, as God hes disposed our hearts to carry ourselves reverentlie in all our proceedings, and be comptable to our owne consciences; so it is meit, for the peace and quyetnes of this Church, that, as God has disposed our hearts, to carry ourselves reverentlie in all our proceedings towards the Kings Majestie, that he be acquainted with our proceedings, and that some humble supplications be directed by this Assemblie to his Majestie, that it may please him to approve, by his auctoritie, what we have concludit. I thinke there be more heir but they will thinke it very necessar. There is heir drawen up a little tast of the frame of it; and at more lenth ye may alter and change it at your pleasure.

Moderatour said—Ye know there was a matter of verie great importance committed to some, concerning these that should be commissioners in tyme of Parliament.

Lowdoun answered—We, according to the knowledge we had of men, have made a list of the names of some commissioners and gentlemen. There is somewhat heir concerning them that shall heirafter subscryve the Confession of Faith, as ye know some hes come in to this Assemblie, young noblemen and gentlemen, and offered themselves willing to subscryve the Covenant, becaus now it was a kynd of nonsense to subscryve to suspend the practice of novations, till they be tryed and allowed in a free Assemblie, since now the Assemblie hes determined it; therefore, it is necessar that two or thrie lynes be prefixed before their subscription, who heirafter shall subscryve as followes:—

“The Article of the Covenant, which was, at the first subscription, referred to the determination of the Generall Assembly, being now determined at Glasgow, Noʳ 21, 1638, and thereby the Five Articles of Perth, and Governement of the Kirke by Bishops, is now abjured and removed, the civil places and power of Kirkmen being declared to be unlawfull, I subscryve according to the determination of this lawfull Generall Assemblie.”

And becaus the Marqueis [of Hamilton] hes caused print a declaration, that it was neither his Majesties meaning nor his owne, in urging the late Covenant, to abjure Episcopacie; therefore he desyred the brethren to think upon it till the morne.

Lowdoun said—The honourable Counsel, they have made an Act, wherein they declair in what sense they subscryvit to the doctrine of faith, religion, and discipline of the Kirk of Scotland—to witt, as it was professed in anno 1580. This is major propositie. This Assembly hes sett doune clearlie, according to the Acts of the Kirk, how the doctrine, religion, and discipline was then professed. This is the minor. The conclusion will follow:—That they have subscryvit according to the determination of the Generall Assembly; for, at that tyme, it is cleare there was no Bishop. The major is the Counsells Act; the minor is the Assemblies explanation; and the conclusion any bodie knowes.

The complaint against Mr Thomas MᶜGill referred to the Commission at Edinburgh.

My Lord Lowthian presented ane supplication to the Assemblie, anent the transportation of Mr Androw Cant from Pitsligo to Newbotle, in the Presbitrie of Dalkeith.

Moderatour said—It would seeme reasonable your Lordship should get a favourable answer, considering your diligence and zeale in this cause above many uthers, and I know this not to be a new motion, but to be concludit by the Patron, Presbitrie, and Paroche.

The Commissioner of Edinʳ alleadged that they had made an election of him 24 yeares since.

Then the mater was put to voiting—Whither Mr Andro Cant should be transported from Pitsligo to Edinburgh? And the most pairt of the Assembly voited to his transplantation to Newbotle; and so the Moderatour declaired him to be Minister at Newbotle.

The Commissioner of Sᵗ Androwes presented a supplication in name of the toune of Sᵗ Androwes for transportation of Mr Robert Blair from Air to Sᵗ Androwes, for the good of their Universitie.

Mr Robert Blair was called on, who answered—I confesse I am in the hands of this Assembly; but I protest heir, in Gods presence, that I had rather lay downe my life nor be separat from my flock at Air.

The Assemblie thought meit to referre it to a committie—Mr James Bonar, Mr James Scharpe, Mr David Dick, Mr Robert Baillie, Mr John Adamsone, Mr Robert Douglas, Mr Robert Murray, Mr James Bruce, Mr Alexʳ Hendersone, Mr James Hamilton.

Then Mr Robert Hamilton at Lesmahago compired; and

The Moderatour declaired that he had laboured to delay the discussing of this proces very lang, of purpose to gaine him from his faults, and therefore desyrit him now to declair frielie whither or not he would passe from his declinatour which he had subscryvit? who answered, that he was not weill advysed as yet. Efter much reasoning to and fro, the Assembly suspends him presentlie; declaires him worthie of deposition; ordaines him to compeir before the Presbitrie of Lanerk, and give them full satisfaction, and then to compeir before the Commission at Edinʳ: And, in case he have not given the Presbitrie satisfaction, ordaines them to proceed against him. Because it was impossible for everie Presbitrie to get a full copie of all the Acts of the Assemblie, Therefore, the Assemblie ordaines them to get an index of the principall under the Clerks hand to take home with them.

The Moderatour said—There is a poynt in our Confession of Faith not yet cleared, and therefore it were well done to declair your judgment concerning that ye know. There was a reference in the Confession of Faith to the Generall Assembly. 1, It comends [condemns] the novations alreadie introduced; 2. Concerning the corruptions of the publict governement of the Kirk; and the 3 was concerning the civile places and power of Kirkmen. The two former are already determined. It rests now ye declair your judgment concerning the third; and for the effect, it wilt be expedient that ye heare some few thinges red to yow—as, namely, the Conference at Falkland, 1599, when the Kings Majestie was first craving to the Ministrie, voit in Parliament, he appoynted a conference for that effect, for clearing of the mater; and, lykewayes, that ye heare red to yow, the protestation and reason thereof, given in to the Parliament 1606, by Commissioners from Provinciall Assemblies and Presbitries. We deny not but it is requisit that Ministers be not far from the Parliament, that, if any case of conscience fall in Parliament, they may give their advyce from the word of God. But the question is—Whether the Ministers should voit or ryde in Parliament, as Lords and Nobles? Their pretence, at first, was to vindicat the Kirk and Kirkmen from contempt and poverty; but we neid not to doubt but our Lord will see us get honour and respect enough, if we keep ourselves within the bounds of our calling; and, I am persuadit, there is not a faithfull Minister but he will have more joy when he comes from catechising a number of landwart people, nor a Bishop hes when he comes from ryding in Parliament. And they thought to vindicat themselves from contempt and povertie; but, it is lyke, now both will come upon them.

Mr Andro Cant said—The Apostle sayeth—Who is sufficient for these thinges? And yet they will take on two offices, and jumble the civill and ecclesiasticall function throw uther, which is very incompatible.

Mr Andro Ramsay said—I have spent many sermons and treatises against it; and, therefore, with my heart, I condemn it.

Mr David Dick said—The first thing that ever brought me in disgust with the estate, was when I considerit what was the reason that Christ dischargit his disciples to be rulers of the Gentiles; and the satisfaction that I got from this, that Christ would not have his kingdome ane eyesore to the world; so my heart could never be to that course.

Moderatour said—When it was first instantlie urgit by auctoritie, there were some of the ministers had the sagacitie as a foirmell, what could come of it, which made many to protest against; and when, by so doing, they could not hinder it, to put cautions upon it. But since these cannons could not keepe them within their bounds, but they with their voit in Parliament did prejudge the Kirk, whither should not the Church be red of that which hath wrought her so great prejudice? And I thinke there is no more hertrogenius from the matter of a ministers calling, nothing setts him worse, nor nothing more contrarie to his Masters cariage, nor to be a Lord in Parliament. The question is twofold. The first is, Whither a minister of Jesus Christ, separat to the Gospell, should breuke civill place as is usit in a Councell bench or Session? And the uther is, Whether he should voit in Parliament or not? In a word, Whither their exercising in civill offices be lawfull or unlawfull?

The rolles being called, the whole Assembly most unanimouslie, all in ane voit, with the hesitation of two, allanerlie declaired, that its both inexpedient and unlawfull in this Kirk, for ministers, separat to the Gospell, to bruike any civill place or office qwhatsomever.

Moderatour said—We have reason to blesse the Lord for this harmonie—that we sing all ane song, and are led by ane spirit. I answer, where mens mynds are put to a poynt in their worldlie ambition and covetousness, they will, for their aine parte, be content to want these dignities. Thir must either belong to ministers in respect of their ministerie, or in respect they are prelats, and so are called Lords; and if as they are ministers this be unlawfull, as they are prelats it hes double unlawfulnes.

Moderatour said—There would be some considerations had concerning Ruleing Elders. It hes pleased God so to dispence with the hearts of our nobilitie, gentry, and burrowes, that they have by concurrence helped forward the caus of religion, or, as the Scripture phrase is, they have helped God; and, therefore, it becomes me, with all thankfulnes, humblie to acknowledge it; and although we have gone far on in our ecclesiasticall determinations, we must not thinke the mater endit yet; but the Kirk of Christ in this land is yet wrestling with many difficulties. Neither can we thinke ourselves secure in peace and quyetnes, till civill auctoritie ratifie what is heir done by ecclesiasticall constitutions. Therefore it were meit that these elders should still give us their assistance, especiallie in extraordinary occasions. Only ye have to consider whither or not there may be a motion made anent the restoiring of them to the integritie of their places that they had, at the first subscryving of the Confession of Faith?

Mr Robert Murray said—Truelie, when I consider the case of our Kirk as it hath beine a long tyme bygone, and the benefite it had by ruleing elders, I thinke we should be verie glad to agrie to the restoiring of them againe; for I find, ever since the reformatione, in all sorts of Assemblies where ruleing elders hath bein, that they have done great good; and I find that there hath bein many complaints for the want of them; not, never for the having of them, either in Presbitries and uther judicatories. For my pairt, if we looke simplie to the good of the common cause, which we all pretend to doe, we will be glad of their assistance at all our Assemblies; for it would be a strengthening of our weake hands.

Lowdoun said—I understand that in all Parliaments where any thing hes bein done concerning the Kirk, it hath ay bein the first act that the privilege and libertie of the Kirk be ratified; and now the evills that troubled Kirk and state, being, by the Confession of Faith in this Kirk, and by the discipline of it removed, I thinke are, upon you, but a parte of that which is requyred to be ratified in the generale article which yee red first. But there is a policie and government sett doune in this Kirk, not to be controverted in it selfe; and if, becaus of the long disswetude of it, or suppressing of it, any hath feares for any thing that may be in it, I think that may be adverted to; but, for the thing itselfe, it is so conduceable for the strengthening of the Kirk and her friedome and liberties, that there is no way compairable to it; for it goes doune at the upmost, and goes doune from the representative Kirke to Provinciall Assemblies; from them to Presbyteriall; from prebyteriall to paroches and sessions; and so, what is done heirby, this Kirk oblisses everie congregation to stand to it, as a thing that concerns them all; and this it is sworne, because it is the discipline of the Kirk, and the grounds of it are in the bookes of policie; and, if it were not for the good of the Kirk, (what can anything?) doeth it concerne ruleing elders, albeit many hes feares of a predominant way. It is rather to be feared that we will be slack and remisse upon the uther extremitie.

Moderatour said—I hope that God, who hes led us hitherto by a spirit of wonderfull unanimitie, shall so regulat the hearts of everie member that hes had place in this Assemblie, that all their designes shall conduce to the weill of the Kirk. It is objected against us, that we would not be content of 14 bishops, but now we have many hundreths over-ruleing us. But let us take this for a suggestion of Sathan, and hold our eye upon the great Bishop of all, through whose blessing this will be a means to keip his work in unitie and peace.

Mr Andro Ramsay said—I think it no sort expedient to call it in question, which I am able to cleare against all the world.

Mr Andro Cant said—We have sien such a great blessing of God upon the constitution of this Assembly, that certainlie we have great caus to rejoyce; and, next unto the presence of our God, I attribute a great parte of this harmony to the good disposition of Ruling Elders; and it is a very uncharitable prejudice to judge amisse of such a divine institution before we have experience of the evil of it.

Mr Alexʳ Kerse said—There are two termes that are not scriptural termes as they are used, or rather abused—to witt, the Clergie and [laitie]. The Popishe Kirk appropriates the ane to kirkmen, and in a maner excludes the people of God as not of the Lords inheritance, and, in a sort, have put the people of God from their station and place that they have right unto by the law of God, that they will not suffer them to humane consultative or decesive voit in any sort.

The rolles being called, the whole Assemblie most unanimouslie declaired the approbation of that old order of Ruling Elders.

Concerning Mr John Bellis supplication for a helper, the Assemblie referris it to the consideration of the Commission at Edinburgh.

Sess. ultima. [December 20, 1638.]

After in calling upon the name of God,

Doctor Guild said—There is a motion made, as ye all hard the other day, concerning salmond fisching, and proffanation of the Sabbath thereby, and it was not thought expedient to make new Acts, but to search for old ones, and to revive them. In Gods providence, there is heir found ane Act, in the year 1562, of the Assembly holden at Holyrud-house, 12 Nov. 5 Session, where salmond fisching is expresslie inhibite and ordained to be punished by the censures of the Kirk; and I requyre that the Clerk may read it; which accordinglie was done, and the whole Assembly, in ane voit, renewed the same.

The names of the Commissioners for the Parliament being red, and the Articles which they behoove to present to it, they were desyrit to represent them to the Clerk of Register some dayes before the Parliament.

Moderatour said—There will be some directions from the Assembly to Ministers what to doe first when they goe home. For this end, Presbitries must have ane extract of some Acts shortlie; and becaus there is a declaration of the Confession of Faith to be red, it wer good it wer intimat in all pulpits, as lykewayes thir things that are concludit in Assemblie concerning Episcopacie, the 5 Articles of Perth, the Service Booke, Booke of Cannons, Booke of Ordination, High Commission, and the Sentence against the Prelats, to intimat, that people may ken who are excommunicat, and who not.

Then there was red two Acts, which wer put in forme: the ane commanding the Covenant to be subscryvit be all Masters of Universities, Colledges, and Schools, and all uthers who have not alreadie subscryvit the same, with these words prefixed before their subscription; ane uther Act, discharging all subscription to the Covenant lately urged by his Majesties Commissioner.

After the calling the rolles, the whole Assemblie most unanimouslie allowed both these Acts.

Moderatour said—There is a motion made concerning thanksgiving to be keeped when ye goe home to your particular congregations; and truelie, considering our evil deservings, and what the Lord hes done to us for meir favour, we have no lesse nor great reason to acknowledge it, both publicity in our congregations, and privatelie in our families, and to delyte in the honour of God, and make frequent commemoration of it at the first convenient occasion after ye returne to your Presbitries and paroches; and I trust it shall be acceptable unto God, and give no just occasion of offence.

The Assemblie allowes this Article, and ordaines Ministers to make intimation in their pulpits of the conclusion of this Assemblie, the first Sabbath efter their returne home, and desyre their people to prepaire themselfes against the next Sabbath thereafter, not for carnall festivitie, but for a humble thanksgiving.

The Assemblie ordaines the Presbitries to proceid against those who subscryvit the declinatour, and all uthers who will not acknowledge the Assembly, with the censures of the Kirk; and becaus there are some of this sort about Aberdein that their voits will be moe in Presbitries, the Assembly ordaines them to be called before the Commission at Aberdein.

Lykewayes the Assembly ordaines the Moderatour and Clerk to give out summonds upon relevant complaints of parties before the next Generall Assembly, becaus the tyme could not be weill condiscendit upon. The rolles were called, and most parte of the Assembly voited that the third Wednesday of Jullii, the next Generall Assemblie should sitt at Edinburgh; and if the Kings Majestie be pleased to indict a Generall Assemblie, either before or efter this tyme, the Assemblie declaires that it was good reason his Majesties tyme wer waited on.

Then the Commissioners of Sᵗ Androwes presented their supplication for the tranportation of Mr Robert Blair from Air to Sᵗ Androwes; and, efter many contestations betwixt the Commissioners of Sᵗ Androwes, my Lord Lindsey, Provest of Air, and uthers, the mater was put to voiting, and there was no great difference amongst the voites, except only 4 or 5 moe that voited for Sᵗ Androwes nor for Air: quharefore,

The Moderatour, in name of the Assemblie, ordained him to goe to Sᵗ Androwes.

Lykewayes, the Commissioner of Aberdein did supplicat for the transportation of Mr Samuell Rutherfuird from Anweth, in Galloway, to be Professor of Divinitie in the new Colledge of Aberdene.

Mr Samuell said—My ministrie and the exercise of it is subject in the Lord to this Honourable Assemblie. But I trust in God this Assemblie will never take from me my pastorall charge; for there is a woe unto me if I preach not the Gospell, and I know not who can goe betwixt me and that woe. If I doe not preach the Gospell, I verilie thinke the High Commission did not nor could not doe no worse nor that unto me; and therefore, he desyrit if there were any such thing as that in their mynds, they would not intertaine such thoughts; for he said he would be content to suffer prisonment, banishment, &c., but never lay downe his ministerie.

The Moderatour answered—He was glad that his reasons were so weake; and after much reasoning to and fro, it was referred to the Commission at Edinʳ.

The Moderatour asked of the Assembly if there were any other particular to be remembred, or if any man had any motion to propone, or any further to say, since this was the last Session, and they were now this night to ryse and goe home to their churches? The Assemblie being silent, and all matters considerable being now discussed, the Moderatour uttered these speaches as followes:—

The Moderatour, his last speach, directed to the Assembly immediatlie before the dissolution thereof.

I think there be none heir that expects any discourse of me worthie the taking up the tyme appointed for so great effaires as hes bein heir, or of such Noble, prudent, learned, and wise eares as heares me. Only I will say two things concerning my selfe—one is, that the evill that I would have schunned is come upon me; for I did not apprehend it, neither can I call it absolutelie an evil, becaus there are good in it, and, I am sure, God hes done good by it. But this I say—I would have schunned it, partlie becaus of that bashfulnes which I fand in my selfe, and partlie becaus of my unwillingnes to make my weaknes and infirmities knowne to the world; but ye see, contrare to my disposition and resolution, I have bein chargit to take on this charge, quhich I have borne thir dayes bygone, and I doe crave pardon of the God of Heaven and of this honourable Assembly, of the faults that hes escaped me since I tooke it on, quhich I know are manyfold.

This is ane thing concerning myselfe: the uther concerning myselfe is this—That I observe the beginnings and closeings of the worke of God to be very answerable. The beginnings were very weake—by very weake instruments—and so hes the conclusions beene, by reason of my weaknes, who have bein imployd in it; and this is, that the Lord may get the glorie that belongs to him of his own power.

But what shall I say? That I have bein ane Instrument, nay ye yourselves have bein instruments raised by God. By your pietie, prudence, and paines, the Lord hes brought this worke to passe; and I cannot say but all sortes have bein verie diligent and faithfull, zealous, and stranglie assisted by God in every poynt committed to them—in trueth to my admiration.

Ye must not rest upon yourselves, but ascend higher, and looke to these worthie Noblemen who have beine cheefe instruments in this work, and how it has pleased the Lord to move their hearts, contrare to their place—being subject to many temptations—and contrare to the age of some of them, to attend thir effaires quherin is not much worldlie bewtie or contentment; yea ye know what paines and hazard they have undergone—yea, what charges—altho’ I will not mention so fecklesse a mater, for if I should, I would wrong their pious resolution.

Yet ye must not stint your mynds heir; for, if ye doe, ye wrong them by giving them more nor due, and so doe prejudice to the honour of the Majesty of our God; and therefore to ascend higher, I pray, from the meanest instruments that is heir, of Nobles, of Barons, of Ministers, of Elders—goe forward and consider of the Kings Majesties goodnes toward us; for ye know this Assembly was indicted be his Majesties auctoritie, and that his Majesties High Commissioner was heir till it was fullie constitut; and let us take this as a great favour from the Kings Majestie and his Commissioner; and let us stirre up our hearts to pray to God for his Majesties long prosperous reigne over us.

But we must not rest upon the King, but ascend yet higher unto God himselfe, and give him his owne praise; and surelie the name of our God is worthie of all praise; for he has raised us out of the deipes of the earth; he has raised us from the dead, and exalted us very far. The yondest of our wishes was to have bein at our first reformation; and now, in his graceous dispensation, their measures are restoired to us; and, if it be not so, let us blame ourselves; for yee see how the Lord, in his providence, hes given us the occasioun and opportunitie, that all things may be done in the hous of God, according to our former integritie, and which, I trust, I am assured, is according to the will of God. What shall I intreat yow, honorable, reverend, and weill-beloved, to doe, but, first, to consider the great and singular kyndnes—the inestimable favour and love of our Lord Jesus Christ, towards us all, the children of men, redeemed by his blood—that he so loved us, from all Eternitie, that he gave himself to so painfull sufferings, and schamefull sufferings, to purchase the Holy Spirit unto us? And truelie poore Scotland, but rich in respect of the Gospell, may say, that the Lord hes loved us; yea there was never such a love heard tell of as he has borne to us.

Next I would have yow to consider—and I put no question but ye have considerit it—the goodnes of the Lord our God, and his great bountie toward us in this great worke, which now, ecclesiasticalie, is brought to a kynd of conclusion. Remember ye not that our adversaries were at a verie great height of pride? Remember ye not that they prydit themselves in auctoritie, and in their prudence and policie; and if there were any name of learning in the land, they would faine have had it appearing on their syde to be a terrour to ws, whom they thought sillie, poore, ignorant saules, besyde them? And how our sun was almost sett at noone—and we would surelie have died in darknes—except the Lord had appeared and made his light to shyne?

Next, beloved, I would have yow to consider how small the beginnings were, yea, both small, weake, and obscure; and so soone as the Lord toutched the hearts of men of all rankes, from the highest to the lowest of the countrey, and how sensiblie the Lord wrought with many a saule, what light filled their mynds, and what heat filled their hearts! For many old men who wer friezing for cold for want of devotion, they found yet their hearts glowing with the heat that was breaking upon them, at the renewing of that Covenant, and we found the documents of his presence at all our Meetings; for howbeit there were thousands mett together many tymes, there were nothing but quyetnes and peace: and surelie our adversaries themselves have contributed to our conclusions, (thanks be to the Lord that rules all the actiones of men!) for they have wrought more for our ends nor our owne prudence hes done. When our courses failed us, their courses promoved our intentions; and this is the extraordinarie Providence that workes, not only by meanes, but without meanes, and contrare to meanes—contrare to their malicious intentions and purposes that are against ws. And should not we, beloved, remember with thankfulnes the beginnings—these glorious beginnings of reformation in this land—greater pietie—more religious exercises—greater sobrietie, chastitie, and care to keep the bodie from uncleannes—greater care to perform the dewties of righteousnes—not so much craft, crueltie, oppression, falsehood in the land, as was before this work began? And, if it be prosequut, it will appeare to be the worke of God.

But shall we not acknowledge His hand that would have this Assemblie indicted by auctoritie, and his Majesties Commissioner staying till it was fullie constitut; and that the Lord should have keiped ws heir against all sortes of feares quhatsoever; and, being heir, has keiped us in such a wonderfull unitie, and, I trust, also the light of veritie? Surelie this should make ws wonder at the goodnes of God; but especiallie when we consider the comfortable conclusions this Assemblie hes brought to passe. And now, we are quyte of the Service Booke, which was a booke of Slaverie and Service indeed; the Booke of Cannons, which tyed us in spirituall bondage; the Booke of Ordination, which was a yocke put upon the necks of faithfull Ministers; and the High Commission, which was a guard to keip us all under that slaverie. All these evills God hes red us of, and lykewayes of the civill places of Kirkmen, quhich was the splendour of all these evills; and the Lord hes led captivitie captive, and made Lords slaves. What should we doe less, then resolve, first, since the Lord hes granted ws libertie to labour, to be sensible of it, and take notice of it; for we are like to a man newlie awaked out of a dreame, or lyke a man that hes lyen lang in the irons, who, after they are tane off, and he redeemed, he feilles not his libertie, but thinkes the irons are on him still. So it is with us. We doe not feill our libertie; therefore it were good for us to studie to ken the bounds of our liberty wherewith Christ hath sett us free, and then again to labour earnestlie that we be not more intangled with the yoke of bondage; for, ye know, in logicks, a privatione ad habitum non datur regressus. [It is] true—in politick places: these that are great in Court, if once depryved, scarcelie wones to their credit; but especiallie we know it is true in spirituall things, and yet the Lord, miraculouslie and extraordinarilie, can give eyes to the blind, give eares to the deafe, raise the dead; and we find, among ourselves, that once being, in a manner, depryved, at least run on far in a course of defection, the Lord hes been pleased to turn to us, and make us turne to him; but take heid of the second privation—that which depryves our saules of libertie, and rather endure the greatest extremitie utherwayes before we be intangled. I grant the Crosse is hard to looke upon; bot if we get strenth from our Lord, it shall be an easie yoke and burden. Remember the plague of Laodicea for lukewarmnes, and bewar of it; for, ye know, the Lord threatens to spew them out of his mouth, which imports, 1. That he will take delyte in executing judgement upon us, as a man hes delyte when he empties his oppressed stomack. 2. It shall have reproach as a man goes with his vomiting to a backsyde. 3. It imports, that he shall never returne, as a man returnes not to his vomite. Therefore, 1, let us know our libertie; 2, the esteeme of it reverentlie; 3, to use it diligentlie.

Then for our thankfulness—I say it becomes us to be thankfull to the Kings Majestie, under whose peacable protection we have had this libertie to convine together; and, truelie, I would recommend to yow, with your permission, two things—the ane is, we would not cease for any thing is come or can come, or is feared to come, to pray most ferventlie, and to indure in prayer for our graceous Sovereigne and King, whom God hes ordained to be our supreme Magistrat, and to pour out our hearts on his behalfe, that it would please God to blesse him with all royall blessings. In all our preachings we would be carefull to recommend his Majestie to the People. We ought, indeed, so to doe; for it is the Lords will that we doe it; and next unto Christ let him have the highest place; for howsoever the fifth command be a precept of the second table, yet it is next unto the first, teaching us, that next unto our dewtie to God we owe dew reverence to these that are in places above us: Therefore, when ye heare evills reported, attribute them not to his Majestie, but to misinformation. Ye that are acquainted with that storie, Numbers 22, of Balaam and Balack, ye will find that God spak to Balaam. Balaam minsched it, and what Balaam spak to Balacks servands they minched it lykewayes; for Balaam said—“The Lord will not give lieve to goe,” and the servands said, “Balack.” Balaam said—“He will not come.” So it comes to pas many tymes with true Prophets, that God will not give us lieve to doe this or that.

But it is said to the King—“This rebellious People will not doe this or that,” and he cannot understand but what he heares; therefore we should pray to Him who hes the hearts of Kings into his hand, and the keyes of all his senses, that he would convey knowledge to his Majesties royall heart, that he may understand matters aright; and we put no question but when he understands our proceedings, which hes been with respect to religion and loyaltie to him, he will think so weill of them, that he will vouchsafe his approbation and royall ratification to them in his owne tyme, which God grant.

Then, for these Nobles, Barrons, Burgesses, and others who have attendit heir, this I may say confidentlie, and from the warrand of the Word—“These that honour God, God will honour them.” Your Lordships, and these worthie Gentlemen and Burgesses, who have bein honouring God, and giving testimony ample of your love to religion this time bygane, (though I will not excuse your former backslydings,) that, if ye will goe on, the Lord shall protect you, blesse you, honour you; and your faith shall be found in the day of the revelation of Jesus Christ, unto praise, honour, and glorie—that is to say, these that speake evill of you shall praise you; these that thinkes you foolish now, at that day shall confesse you were zealous; these that dishonoured you shall honour you; or, as the word ‘glorie’ imports, that they shall have a reverend opinion of you; nay, even in this world, your faith, devotion, and zeale shall be found unto praise, honour, and glorie; and the Lord shall returne you ane hundreth fold more in this lyfe, and, in the world to come, lyfe everlasting.

And I must say one word of these Nobles whom Jesus Christ hath nobilitat indeed, and declaired sensiblie to be worthie of that title of nobilitie. Ye know they were lyke the tops of the mountaines that were first discovered in the deludge, which made the little valleyes hope to be delyvered from it also; and so it came to passe. I remember, in the eastern countrie, where they worship the sun, a number being assembled earlie in the morning to that effect, all stryving who shall sie the sun first, a servand turned his face to the west, and waited on. The rest thought him a foolish man, and yet he got the first sight of the sun schyning on the tops of the western mountaines. So, truelie, he would have bein thought a foolish man that would have looked for such thinges of our nobilitie; yet the Sun of righteousnesse hes beine pleased to shyne first upon these mountaines; and long, long may he shyne upon them, for the comfort of the hilles and refreshing of the valleyes; and the blessing of God be upon them and their families; and, we trust, it shall be seene to the generations following.

As for us of the ministry, we have caus to praise the Lord that hes had such a peacable meetting heir, and that the Lord hes led us on in peace and trueth; that there hes beine no difference worthie of consideration amongst us. It is a rare thing to sie such a harmonie; scarce hes the lyke beene seene in any nationall Assembly.

Last, I must give a word of thanksgiving to this Cittie, wherein we have had such a comfortable residence, and to the principall Magistrats of it, who hes heir attendit our meeting, and hes had due cair to provyde extraordinary commodious seats for us, and we have receaved very good intertainment in this cittie. The best recompence we can give to them is, to pray for the blessing of God upon them, and to give them a tast of our labours by visiting their colledge, and any other thing that consists in our power, without prejudice to the Kirk of God, that so the kingdome of Christ may be established among them, and glorie may dwell in this land.

After which the Moderatour desyred some of the brethren to speak a word of exhortation.

Mr David Dick said—We know not how shortlie the Lord may call us to trouble and sufferings for his trueth; for his Majestie hath keeped us still in suspence all this tyme, and, as he has mingled all our former steppes with fear, so now he keepes us in the same temper, to the end our rejoycing might be as it should. But if we will continue to doe as we have begun, in supplicating our God and our King, and sett our face toward our Lord, and hold the rule of his Word before our eyes, and make himselfe our fear and our dread, we neid not to think any thing els, and acknowledge his sovereigntie over all creatures. This is the short cutt and perfect rule by which our goings must be ordered; and if, in this path we meit with harsh troubles, when they are disgeasted awhile, sweit and solide comfort will be the upshott of them all, provyding we could wait for patience on our Lord; and becaus, out of all doubt, the proceedings of the Assembly will be tryed, let us arme ourselves with the strength of our Lord to defend all our laudable constitutions, and, withall, bear with pitie the misconstructions of the world, making use of our liberty, and labouring to walke in a pure-pointed-out light; wondering at all the passages of our Lords providence, and admiring the large measure of reformation granted to this land; rejoycing to see schame and confusion routed on the fall of Sions adversaries, and sevenfold rendered into their bosome who slandered our Reformers as not learned and wyse with their zeale: the contrare quhereof their laudable acts and constitutions makes manifest. And if this we doe, having now gotten a reformation sett on foot againe, if we goe on prudentlie, advancing our Lord Jesus, keeping ourselves from a lordlie denomination; both Ministers and Ruling Elders knowing their duties; and everie ane seiking the helpe and assistance of ane uther; that as the hands cannot say to the feete, nor the feete to the hands, “we have no neid of yow,” so we may all, as members of ane bodie, studie to advance our Lord and his honour; and, if we will studie to repent for the wronges God hes gotten in this land, and studie for a thorough reformation of ourselfes, our people, and our families; then it shall come to passe, that the blessing of God shall be upon ourselfes, our callings, and laboures, and our posteritie, and we shall be hid in the day of the Lords anger.

Then Mr Andro Ramsay, being called on to speake next, said—Among all the pairts of Gods worship, I acknowledge none more acceptable to God than thanksgiving; and it becomes us verie weill to be thankfull, if we regaird, first, the beginning; secondly, the progresse; thirdlie, the happie conclusion of this great worke. First, if we regaird the beginning which was (1) wonderfull, (2) unexpected, and (3) powerfull. First it was wonderfull, in respect that, by a few number of the basest offscourings in the land, God did begin this worke, that the glorie might be given to him alone. Secondlie, As it was wonderfull, so it was unexpected; for scarce ane in all Scotland could have any hope to see this dayes worke. Thirdlie, It was powerfull; for, before it begane, religion was dieing, and the breath of it expyreing. But now it is reviveing; the winter is over and gone; the floures appeare in the earth; and the tyme of singing of birds is come, and the voice of the turtle is heard in our land.

Againe, if we will looke to the progresse of this worke, we will see great matter of thankfulnes; for whatever any intendit for our hurt, he made it to turne for our good. Third, for the conclusion, 1, If we respect this frequent meeting we have had; 2, this powerfull and gracious assistance we have felt; 3, this wonderfull harmonie and unanimitie that we have had; 4, the happie conclusion that we see now with our eyes: In all thir respects we have great reason to praise God.

First, for the frequencie of this meeting, there was never such a meeting at such a worke sein in Christendome. 2, So powerfull assistance, both of the spirit of our God for which we glorified him, and of these worthie nobles and uthers heir present, on whom we wish all earthlie blessings—blessings heir, and eternall happinesse in the lyfe to come. 3, For our harmonie; there was never such a harmonie; that, all in ane voit, we have rejected and condemned that Service Booke—a booke of slaverie and servitude indeed—that superstitious Booke of Ordination, and that Booke of Canons, which was a bulwarke and defence for all the rest. 4, For the happie conclusion, we have great reason to thanke God that these bookes are now condemned. The 5 Articles that rent our Church are now condemned; Episcopacie now abjured, and all uther matters introductorie to Popperie—the Lord hes fried us from them; for which I say we have great reason to thank God. Now let us not sing a requiem to ourselves, nor yet be insolent in our carriage, but behave ourselves wiselie and prudentlie towards our superiours; and, though the Bishops be cast out, let us not be cairelesse of auctoritie, but let our carriage be modest and our speach seasoned with grace. 3, Let us be vigilant and not secure; for, a great and good worke such as this is, it was never brought to ane end without opposition. 4, Let us be courageous in the strenth of our God; and, lastlie, thankfull to his great name for that wonderfull unanimitie that hes beine amongst us, and happie conclusion that God hes granted unto us.

The Moderatour said—Truelie it becomes us not to be insolent; for the Lord hes bein pleased so to dispose of us as we have not caus to be wantoun, for if, as we had divine auctoritie to warrand us, so we had humane, I feir it should be hard for us to keip ourselves within bounds. But the Lord, knowing our weaknes, keipes us in this temper; and if we cary ourselfes worthlie of that God hes bestowed upon us, who knowes but he will graceouslie grant us all our desyres, and turn the countenance of our King toward this Kirk? There rests ane circumstance which I should have remembered. I am assured it will be acceptable to this Assembly, that some of these Noblemen who hes bein ane ornament to this Assembly should speake ane word before it dissolve, especiallie my noble Lord Argyle, whom we could have wished, if it had pleased his Lordship, to have come in sooner: but the Lord hes reserved him for the fittest tyme, and I trust the Lord shall honour him with all blessings, both heir and heirefter.

My Lord Argyle said—Since it pleases you, Moderatour, to name my name, yow give me occasion to thanke yow for putting so favourable a construction upon my cariage, whereas ye wishe me that I had come in sooner. Truelie, I tell yow it was not want of affection to the good of religion and my countrie, and I desyre that favourable construction of yow still, that my intention was to have done more good wherein I was not inlaiking before; and, when I saw I could be no more usefull, except I had bein a knave, I thought good to doe as I have done. Ane thing I would remember yow of who hath bein purging the Kirk of evill instruments, that ye would labour to learn a lesson upon their expenses: felix quem faciunt aliena pericula cautum. I remember, upon ane occasion, I told some of them to their face, that there was two faults which had brought meikle evill in this Church—to witt, pride and avarice, which I cannot deny but to be grievous faults in any man, but especially in Churchmen. But I hope everie man shall walke by the square and rule which is now before him—keeping duetie first to superiors; secondly, to equalls; and, thirdlie to inferiours. For superiours, their needs nothing to be farder said nor hes bein alreadie by the Moderatour. Only this; let us all labour, since we are fried of many yockes of bondage, not to abuse our Christian libertie, which may make our profession to be evil spoken of. Secondlie, for our duetie to our equals—there is a caus much spoken of in this Church, betwixt ruleing elders and ministers. Some ministers feares that it be a corbing of them; but, if any of these elders stryve to make use of that power for any end but for the good of the Kirk, they may be sure of their oune judgment. Truelie, it may be, that some ruleing elders in some places be not so wise as neid wer; but let not that, if it fall out, breid a distemper in the peace of this Church; but let unitie be all our rules; and, if anything of this kind fall out in Presbytries or Parochines, let neighbour Presbytries and Parochines joyne togither for settling thereof, that no dissension be of this kind, for it may doe much evill. Thirdlie, for inferiors—I hope ministers will studie to know their duetie towards their flocke and people; lykewayes, will have due regaird to these whom God hes sett over them; for we must not thinke that becaus we want Bishops, therefore we may live as we will. And, if this we doe, though our gracious Master doe not everie thing at first as we would wishe, yet tyme may worke many things, if we goe on constantlie in the defence of our religion and of the auctoritie of our gracious Soveraigne, whom, we pray, may long and prosperouslie reigne over us.

After that the Moderatour had given thankes to my Lord Argyle for his speach, and craved pardon of his Lordship for expressing his name, he said—As for that which my Lord hes beine wiselie speaking, concerning our duetie to the Kings Majestie, we have good reason to advert unto it; for this reason, addit to many—becaus our adversaries gave it out as a calumnie against us, that his government which we are about, established by Christ in this Church, cannot stand with monarchicall government, but Episcopall only; but let us resolve to give a proofe of the contrare—that the government which Christ hes appoynted, may weill stand with monarchicall government; and, we trust, that we are not to be suspected of our loyaltie toward his Majestie; and this certainlie will make his Majestie perceave that we have done nothing but what we have done moved by God, and drawen be necessitie to doe. And for this end let us—to conclude this great worke—beseech Him who hes the hearts of Kings in his hands, to inclyne our Kings heart, and let us magnifie, from our hearts, our graceous Lord for this peaceable meeting and happie conclusion we have had; for the which we are oblissed all the dayes of our life to be thankfull to our God and King, and to rander unto the Father, Soune, and blissed Spirit of Grace, all praise, endless honour, and glorie, for now and ever.—Amen.[140]

FINIS.

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THE
GENERAL ASSEMBLY,
AT EDINBURGH, 1639.

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Before proceeding with a detail of the Acts and discussions of the Assembly of 1639, it is fitting, in conformity with the general plan of this work, to state briefly the occurrences which resulted from that of the preceding year—events, the character of which must, in some measure, have been anticipated in the perusal of the numerous documents which we have already concentrated in the foregoing pages.

It is evident, from many indications in the correspondence and public documents of the period, that, from the first movements of the Covenanters against the Service Book and Prelacy, both the King and the Scotch Leaders contemplated the contingency of an appeal to arms, although both parties disguised, as much as possible, their mutual anticipations and arrangements. The rupture which ensued on the Commissioner’s dissolution of the Assembly on the 29th of November 1638; the continuance of the Assembly in defiance of the King’s authority, (apart altogether from the nature of its subsequent proceedings;) and the proclamations by Hamilton, after his retirement from the Assembly—in which all who continued in it were denounced as liable to the penalties of treason—amounted, in substance and effect, to a declaration of war, on the part of Charles, against the great body of his Scottish subjects, as rebels. Nor, in the circumstances, could aught else be expected; for, with the Sovereign’s notions of the royal prerogative, and influenced by the spirit disclosed in all his letters and instructions to the Commissioner, nothing, save consciousness of utter want of power, was likely to deter him from enforcing full and unlimited authority over all his subjects; while, on the other hand, the bold, numerous, and influential representatives of national feeling that composed the Glasgow Assembly of 1638, must have been prepared, from the first hour of its meeting, to raise the standard of revolt in the field, unless the objects at which they aimed with such intense enthusiasm, were otherwise attained. In fact, even before the meeting of that Assembly, both the King and the Covenanters had secretly prepared for a conflict; and, after its dissolution, and the scornful rejection of its supplication for a sanction to its Acts, the exertions of both parties were commensurate to their means and their relative positions.

The chief Acts of the Assembly of 1638—some of which have been made subjects of controversy—were, 1st, The election of their Moderator and Clerk, and their constituting the Court before receiving the Declinature tendered by the Prelates; 2d, The Acts approving of the Registers; 3d, The continuing to sit after the Commissioner ordered it to dissolve; 4th, The Act condemning the spurious Assemblies from 1606 to 1618, inclusive; 5th, The Act condemning the Service Book, and other Books forced on the country and Church, by the royal prerogative, without the sanction of Parliament or of the Church; 6th, The deposition and excommunication of the Prelates and others; 7th, The prohibition, by its own authority, of Episcopacy and the practice of the Five Articles of Perth, under the pains of censure and excommunication; 8th, The Act against the Press.

Of these, the first five, and some other relative Acts, reviving former laws of the Church, appear to be quite unexceptionable, and fully within the competency of a free General Assembly, according to the laws of the land, and the consuetudes of the Reformed Church, from the time of the Reformation; and these were all Acts, legitimately within the range of spiritual and ecclesiastical jurisdiction. We know not on what ground it can be contended that it was bound to dissolve itself on the mandate of the King or his Commissioner. It was confessedly convened by the royal proclamation; but we know of no authority by which the executive power was at that time warranted to dissolve a General Assembly, by its mere fiat, after being so assembled, upon an anticipation that it was about to act ultra vires and illegally.

The 6th, 7th, and 8th classes of Acts to which we have alluded, were of a different character, and imported an assumption of civil power and jurisdiction. Had that Assembly, upon the points referred to, confined itself to an expression of opinion in the first instance, or taken cognizance only, and in an orderly manner, of the moral and ministerial delinquencies of the prelates and ministers, there does not appear to be any good ground for challenging its procedure; and, having exhausted its proper spiritual jurisdiction, it could then have applied to the supreme legislature for a ratification of its ecclesiastical conclusions, and thus avoided the rock on which it split, and, for many “evil days,” made shipwreck of the genuine and legitimate Presbyterian Church of Scotland.

It would be disingenuous, as well as absurd, to disguise the fact, that several of the Acts of the Assembly of 1638 were violations of, and irreconcilable with, the existing law of the land, and imported an assumption of authority identical with that of the State. In fact, that Assembly was a Political Convention, as much, at least, as an Ecclesiastical Synod—having fully a hundred Members of Parliament in its composition; and, in many of its enactments and decrees, it directly rescinded and superseded a great number of Acts of Parliament. Without entering at all on controversial ground, we may remark, as a matter of fact and of notoriety, established on the face of the Statute Book, and by the tenor of the Assembly’s Acts, that that Assembly, virtually and explicitly, abrogated a series of Acts of Parliament, by which Prelacy was fully and distinctly settled as the Established Church of Scotland, for a period of above thirty years preceding, under which the greater number of the Clergy in that Assembly had received ordination and benefices, and in which the lay members had acquiesced without any visible opposition.[141] In addition to the assumption of civil authority, in practically repealing Acts of Parliament, the Assembly sustained Complaints against the Prelates and others, at the instance of miscellaneous and self-constituted public prosecutors—a practice never recognised as competent in the law of Scotland at any period.[142] It deposed the Prelates, not solely for erroneous doctrine or immoralities, which was quite competent to the spiritual jurisdiction of the Assembly, but chiefly because they held offices conferred on them under the existing law of the country. It superseded the uniform and settled law, both of the Church and State, from the time of the Reformation, on the point of ecclesiastical presentations to benefices, and transported ministers from place to place, regardless of the rights of patrons and the wishes of incumbents. It imposed an absolute veto on the liberty of the press; and, above all, it issued an edict for coercing the whole people into an adoption of the Covenant or Confession, and, in obedience to its decrees, under the terrors of excommunication, (a penalty which, at that time, was tantamount to outlawry, confiscation of property, and proscription,) in each and all of these particulars deviating from the spiritual into the civil track of jurisprudence and legislation. Of this, indeed, that sagacious and gifted man, Henderson, the Moderator, was fully aware; for he says explicitly—“Neither can we thinke ourselves secure in peace and quyetness, till civill auctoritie ratifie what is heir done by ecclesiasticall constitution.”

One of the most unaccountable characteristics of the Reformation in this country, is the intolerance and coercive courses adopted by the Protestants, from their Popish predecessors, for compelling uniformity to the new doctrines and worship. This appears to be inconsistent, and indeed irreconcilable with the great first principle of the Reformation—the right of private judgment in matters of religion, and in interpreting the Scriptures according to the conclusions of that judgment. It was the assertion of this right which shook the Papal domination; and nothing contributed more largely to the overthrow of Popery in Scotland, than the civil persecutions which ushered in the dawn of the Reformation, and which excited the sympathy and indignation of the people; yet no sooner were our first Reformers disenthralled from that bloody yoke, than they resorted to similar methods of compelling assent to their principles, and obedience to the authority of the Kirk. From 1449, in the reign of James II., “cursing” or “excommunication” by the Church, both Catholic and Protestant, for nonconformity or other kindred offences, inferred imprisonment and forfeiture of property in the recusant; and the unhappy victim of ecclesiastical censure was doomed to exclusion from society and all its charities, to destitution, to imprisonment, to exile from his native country, and even to death. Self-preservation may, perhaps, have prompted this course at first, when the Reformers were struggling to secure that religious liberty which was the great object of their zeal; and “The Booke of the Universall Kirk” affords numberless examples of the eagerness betrayed for constraining, by civil penalties, all persons to profess the reformed doctrine, and submit themselves to ecclesiastical authority. During the space of 140 years after, the spirit of intolerance continued to govern every party that was dominant for the time; in the reigns of Mary, James VI., and his son Charles, and his grandsons Charles II. and James VII. The triumph of the Covenanters was not more distinguished than any other portion of the period referred to, for greater relaxation in this respect, than either the Popish or Episcopal Churches; and, during all the vicissitudes of their fortune, as already in some measure disclosed, and to be further illustrated, we cannot find even a trace of any proposal to give freedom of conscience to others, even when they were waging war against Popery and Prelacy in the name of religious liberty. This strikes us as an anomaly in the moral history of our country, of which we have never seen any satisfactory solution; but the rigorous enforcement of the Covenant and submission to the Presbyterian Kirk, and the excommunications, which were directed against the Prelates and others at the time to which our attention is more immediately directed, perhaps paved the way, in some degree, as a precedent, for the interdicts, intercommunings, and diversified persecutions, which have rendered the reigns of the two last monarchs of the Stuart dynasty, a byword and a reproach to the land in which these horrors were perpetrated. It was not till the year 1690 that the civil penalties on religious nonconformity were blotted from our statute-book, after the settlement of William and Mary on the throne of Britain.

Greatly as we admire the talents, the courage, and the piety of many individuals in the Assembly of 1638, we do not deem it necessary to canonize their errors, or to ascribe a sort of plenary inspiration to all their proceedings. That in their great objects, they were right, and that much good resulted from their stern and intrepid course, we most willingly admit; but (if we may be permitted to express any opinion of our own) we should say, that the true and only justification of some Acts, which were ultra vires of a church assembly, is, that in fact they were partly a political as well as an ecclesiastical body, constrained, by the necessity of the case, to resist and to resent the assumption of arbitrary power, which by its stretches had virtually broken up the fabric of society in Scotland, and reduced it nearly to its primary elements. The Covenanters had but too much reason to apprehend that their civil as well as their religious liberties were in the utmost jeopardy; and, therefore, it is by no means surprising if, in the tumult of emotions by which the nation was at that time convulsed, they in some points passed beyond the strict line of demarcation which separates the spiritual from the civil authorities in peaceful and well-ordered states—Inter arma silent leges.

Such was the position of the parties—the King and the Kingdom of Scotland—in the beginning of the year 1639, after the Assembly of 1638 had terminated its labours.

Immediately after the dissolution of the Assembly, the several Commissions which it had appointed proceeded to “purge out” all persons who, either by adherence to Prelacy, or for other causes, were obnoxious to the now ruling power: and Baillie informs us that “many ministers who remained obstinate in scandals were deposed at Edinʳ, St Andrews, Dundee, Irvine, and elsewhere.”[143] We learn, however, from the Acts of 1639 that these depositions were to be relaxed, (except in the case of gross faults,) upon submission to the new order of things.[144] The members of the late Assembly, according to its injunctions, had made known to their several parishes the nature of its proceedings; but at Aberdeen, where there was a stiff opposition to its authority, Dr Guild was deterred from doing so; and Lundie, the Commissioner from King’s College, was summoned before the Senatus Academicus, and threatened with deprivation for having continued in the Assembly after it was dissolved by the Commissioner.[145]

But the attention of the Covenanters was called from such matters to others of more serious importance. Hamilton had, on the 17th of December preceding, put forth a full proclamation, containing his reasons for dissolving the Assembly. His health had suffered much from mental anxiety and the exertions which he had been called on to make; and it was not until the 28th of that month that he proceeded on his journey to London.[146] Previously to his final departure from Scotland, however, the chiefs of the Covenanters waited on him, to solicit his good offices at Court; but we are told that he replied to them—“You must not think to use your Kings now as you did formerly, when they were only Kings of rebels: the King has now another royal and warlike nation at his command, and you shall soon feel it to your cost.”[147] Hamilton reached Whitehall on the 5th of January, when he found the King highly exasperated, and resolved, by force of arms, to subdue his obstreperous subjects, the Covenanters of Scotland.

The plan of operations designed for carrying this object into effect was, that an English army of 30,000 horse and foot, under the immediate command of Charles, should invade Scotland on the eastern borders—that Carlisle and Berwick should be strongly garrisoned—that 5000 men should be landed in the north, to co-operate with Huntly and his followers—that the Earl of Antrim should land in Argyleshire—that Strafford, with such forces as he could withdraw from Ireland, should enter the Clyde—that another fleet should enter the Forth, and scour the eastern coast—and thus, by a simultaneous attack on all sides, distract and overwhelm the Covenanters. And had this well-devised plan of operations been fully and promptly carried into effect, there can be but little doubt that it would have been attended with at least temporary success.

The King, though hampered by increasing discontents among his English subjects, and weakened by many errors in policy, both foreign and domestic, roused “the might of England.” He had effected a saving of £200,000 in his Exchequer; he obtained loans from the Episcopal Clergy of England, and from the Papists by means of the Queen and the priests; he had ample stores of arms, and a formidable train of artillery; and he summoned the English nobility to assemble, with their followers, at York, on the 1st of April.[148]

Of these designs on the part of the King, the Covenanters did not long remain ignorant; and, indeed, they had anticipated them so far that they had previously procured arms and munitions secretly from the Continent, and had secured the services of Alexander Lesly, and other veteran soldiers, trained to war in the army of the celebrated Gustavus Adolphus, King of Sweden. The King’s summons to the English nobility was promulgated on the 26th of January, and the ground on which it proceeded was a statement that the Scotch intended to invade England. Even before this public document appeared, the Covenanters were made aware of the King’s hostile intentions, from the circumstance of all Scotchmen at Court being required upon oath to renounce the Assembly, and to promise assistance when required against the Covenanters. Being anxious to propitiate the good opinion of the English people, and thereby to weaken the King’s hands, they had circulated extensively “a printed sheet or two” of information to the people of England, “for vindicating their intentions and actions from the unjust calumnies of their enemies.” It was dated 4th February, and, on the 27th of that month, Charles issued “A proclamation and declaration to inform the kingdom of England of the seditious practices of some in Scotland, seeking to overthrow his regal power under the false pretence of religion.”[149]

The deputies of the Covenanters, who assembled in Edinburgh about the middle of February, resolved to make a reply to this proclamation, which was drawn up by Henderson, and entitled, “The Remonstrance of the Nobility, Barons, Burgesses, Ministers, and Commons, within the Kingdom of Scotland, vindicating them and their proceedings from the crimes wherewith they are charged by the late proclamation in England,” &c. “These three or four most dainty sheets of paper of Mr Henderson,” says Baillie, “made such an impression, that we, over all England, began to be much more pitied than before, and our enraged party, [antagonists,] the Bishops, to be more detested.” These, and various other tracts by Henderson, Baillie, and others, on the “lawfulness of our defence in arms,”[150] and which were distributed extensively through England by pedlers and otherwise, had a powerful moral influence in that kingdom; in which, besides, there was a growing discontent, occasioned by the King’s arbitrary disuse of Parliaments, and other grievances peculiar to themselves.

“When we had done diligence,” says Baillie, “to inform our neighbours of England, and make sure the courage of all our friends at home, in the third place we took course for a real opposition to our enemies.” On the 7th of March, a full meeting of the deputies and leaders of the Covenant was held, at which, resolving not to depend on any foreign auxiliaries, a general committee of the nobles, barons, and burgesses, and two senators of the College of Justice, being twenty-six in number, was appointed, (thirteen being a quorum,) to give out orders, receive intelligence, levy troops, raise money, &c.; and, exercising all the functions of a supreme, legislative, and executive body, this “Committee of Estates” issued an edict that every fourth man should be armed and trained: local committees of war were appointed, and a complete plan of military organization was established in every burgh and county in Scotland; and we have Bishop Burnet’s authority for stating, that “these committees found small resistance, and no difficulty, of levying men—greater numbers being offered than could be either armed or maintained.”[151] Thus, the chimera of royal and indefeasible prerogative was reduced in Scotland to a nonentity; and the nice metaphysical problem of the lawfulness of resistance by subjects, was practically solved by the entire Kingdom appearing in arms, to resist the undefined and unlimited claims of the first Charles Stuart, to absolute power over all estates in the realm, when about to be enforced by foreign invasion.

While these transactions were in progress, the Court of Session, it appears, had remonstrated strongly with their Sovereign against his belligerent purposes. Their earlier communications on the subject appear to have been intercepted, probably by the incendiary courtiers; but, in the month of March, their Lordships sent another remonstrance to his Majesty by the Lord Justice-Clerk, which we have not observed in any of the common histories or printed collections, and which we, therefore, subjoin among the documents hereto appended, being a piece of evidence entitled to great weight, as emanating from the supreme civil judicatory of Scotland.[152]

Their Lordships state that, “when your Majestie was pleased to indict a General Assembly, we, and most parte of all your good subjects of this kingdome, wer overjoyed, in expectation that the doubts in religious worship and kirk government, quhilk was tossed to and fro this whyle bygone, should have then beine cleerlie settled; and altho’ the greater part of your people be weill pleased with the constitutions therein concluded, yet your Majesties displeasure against that Assembly, and the proceedings thereof, and your expresse dislike of those who adheres to the same, and the fearfull consequences therefra like to ensue, hes turned all the hopes of comfort which we expected, in sorrowes and teares.”—“Your Majestie may be pleased to pardon us to avere, that in this, they are but badd counsellours, and no better patriots, who will advis your Majestie to adde oyle and fewall to the fire.” And among their “Instructions,” (advices,) their Lordships inform his Majesty, “that, if our neighbour nation doe invaid this countrie, it will assuredlie be taken be all Scotsmen, albeit not affected the present way, for a national quarrel; and all will strive as one man, to defend themselves, as for their lives, estates, and liberties of the countrie.” This salutary advice, however, was slighted by King Charles.

We shall not pause to notice all the deliberations and preparations on either side which ensued, but hasten on to the main points of our narrative.

On the 21st of March, Leslie, and other officers, commanding about 1000 men, took Edinburgh Castle—having forced the outer gate—securing twenty-five field-pieces, and other munitions. The day following, Rothes, Lowdoun, Home, and Lothian, with a similar force, invested Dalkeith House, which was surrendered, without resistance, by Traquair, the keeper: and they seized the Regalia of Scotland, forty-eight barrels of gunpowder, twenty-four of balls, and six cart-loads of muskets, which they deposited in Edinburgh Castle. On the 23d of March, (being a Sunday,) Dumbarton Castle was secured by a stratagem; and, besides these chief forts, (Stirling was in the hands of Mar, one of their own party,) Strathaven Castle and Douglas Castle, in Lanarkshire, and Tantallan Castle, in East Lothian, Dairsy, in Fife,[153] and Broderick Castle, in Arran were seized; the only enterprise of this kind which failed, being in the case of Karlaverock Castle, in the south, which it would have been hazardous to attack, and difficult to maintain. Dumfries, however, was taken possession of by a body of Covenanters.

In the north, the Earl of Montrose, with a well-appointed force, of seven or eight thousand men, (“the most were brave, resolute, and well-armed gentlemen,”) levied in Angus and Mearns, moved to Aberdeen, appalled Huntly and his adherents, who fled; and Montrose took possession of Aberdeen, where he levied contributions, though very generously. There was a subsequent rallying of the Royalists, headed by Aboyne, Huntly’s son, and Ogilvy of Banff, who gained some petty advantages; but they were worsted in a skirmish at Turreff; and Montrose kept all the north country in awe and subjection—Huntly being seized and conveyed to Edinburgh Castle, as the only security his opponents could get for his neutrality. In the Western Highlands, Argyle was on the alert, with a sufficient force. The enthusiasm was so high, that nobility, gentry, ladies, and persons of all ranks, joined in the humblest labours for self-defence. “Leith fortifications went on speedily—above 1000 hands daily employed; plat up towards the sea, sundry perfect and strong bastions, well garnished, with a number of double cannon, that we feared not much any landing of ships on that quarter. The towns of Fife, all along the shore, made up such sconces and fosses, and planted such a number of ship-cannon upon batteries, that they were all in the case of a tolerable defence. Thus, in a short time, by God’s extraordinary help, we cut the main sinews of our adversaries hopes; all the strength of our land came in our hands; no man among us but those who swore they were stout friends. All otherwise disposed, both Noblemen, Gentlemen, and Ministers, were got away to our professed enemies, and the whole country put in such an order and magnanimity, that we found sensibly in every thing, the hand of God going before us; so all fear of human force was clean banished away.”[154]

Such were the energetic and successful movements, which, in the course of a few days, put the Covenanters in possession of all the strongholds of Scotland, and inspired them with assured confidence. Let us now turn to the preparations of King Charles for his enterprise against them.

About the middle of March, the King published a declaration of the reasons for his expedition against Scotland, and soon after issued the “Large Declaration,” or Manifesto, containing a more minute statement of the grounds of his projected invasion. The latter of these, as has been already noticed, was written by Balcanquel, Dean of Durham; and, although we have had occasion to select public documents from it, which could not be materially falsified, it is to be regarded merely as a varnished and partial statement on behalf of the King’s policy, on which no reliance can be placed, except when his testimony operates against the cause which he advocated. His Majesty thereafter took his departure from London, on the 27th of March, and, on the 1st of April, arrived at York, where he remained till the beginning of May, when he moved on to Newcastle-upon-Tyne. He marched thence to Berwick-upon-Tweed, in the vicinity of which he arrived about the beginning of the month, and continued there till the negotiations and treaty, betwixt him and the Covenanters, put a stop to the impending hostilities, on the 18th of June following.

The movements of the two armies, however, during that interval, form too prominent a picture of the times to be passed over without a brief notice—referring to the Royal Letters, and other documents of the day, which will be found annexed, as embodying the most authentic accounts, not merely of what was visible to the common eye, but of what was passing behind the scenes, in the secret councils of the antagonist courts and camps.

Charles, with a well-appointed army, which had preceded and accompanied him from London to York, was there joined by the English nobility; and, from the splendour of the national chivalry who there joined his standard, the march, from thence to Berwick; of betwixt 20,000 and 30,000 infantry, cavalry, and artillery, is described as resembling a military triumph. The English host was under the nominal command of the Earl of Arundel and Essex, but having its monarch and his standard in the midst. It finally encamped at the Birks, a few miles above Berwick, on the southern bank of the Tweed. The long inaction, however, which ensued—the peculiar nature of the service, in which the sympathies of the officers, as well as of the common soldiers, were, to a great extent, with the Scotch—and the unpopularity of Charles’ Government in England, created by his arbitrary dissolutions and discontinuance of Parliaments, paralysed the energies of this showy army; and Charles ere long discovered symptoms that there was peril in relying on a force the military prowess of which was unnerved by these inherent moral affections.

During the progress of this prolonged and hesitating advance towards the boundary which divided the kingdoms, the Marquis of Hamilton, who had remained in London at the King’s departure, to superintend the outfit of the naval expedition, had only reached Yarmouth Roads on the 15th of April, and being there detained by adverse winds, it was not till the 29th of that month that he reached Holy Island with his squadron, on board of which there were about 5000 raw levies, so inefficient that the greater part of them, including even the non-commissioned officers, did not even know how to fire a musket. On the 1st of May, he entered the Frith of Forth; and his squadron, consisting of about twenty vessels, cast anchor in Leith Roads.

The Covenanters were not unprepared for the threatened invasion. Whenever the fleet appeared in the offing, the beacon fires blazed along the summits of the mountains, awakening the land to a sense of its dangers and its duties. From all quarters, the stout peasantry and burgesses of Scotland followed, with ardour; the Nobles and gentry, and veteran officers, as their “Crowners” and commanders, to the point of danger; and, ere Hamilton could refresh his sickly troops, by landing them on Inchkeith and Inchcolm, or issue the King’s proclamations, the shores of the Forth, on both sides of his fleet, gleamed with twenty thousand Scottish spears and broadswords—the well-known symbols of ancient renown and national victory—and stood, “a wall of fire,” in defence of their native land, against what every man deemed an invasion by a foreign foe. Whatever we may now think of the circumstances of a political nature which led to this unhappy difference betwixt the King and his Scottish subjects, and however clearly we may trace, as it appears to us, through the backward vista of two hundred years, the errors and the failings of our fathers—there is not a true Scotchman, of these times, or in any future generations, who can look back on the records of such a scene, without a throb of pride and of patriotism swelling in his heart, that he is descended of a race who thus gathered themselves around the altar of their country and their God, in the hour of peril—in defence of what they deemed the highest and the holiest privileges of their fathers, of themselves, and of their children.

This splendid demonstration of national spirit and power, seems to have warned Hamilton that his purposes of attack were effectually frustrated, even if he was not paralyzed by the feelings inseparable from a generous nature in such a position. He lingered on in a fruitless series of negotiations with the leaders of the Covenanters, (of which the particulars are too minute for recapitulation here)—his strength frittered away by detaching a portion of his troops, and by the ravages of disease; and he continued in a state of listless distraction and impotence for many weeks, neither attempting anything hostile, nor receiving any aggression from his sagacious antagonists, until he was recalled by his royal master to headquarters, in the camp near Berwick.

It will be recollected that, by the proclamations of 9th and 22d September 1638, the General Assembly was indicted for the 21st of November that year, and the Scottish Parliament to meet on the 16th of May following.[155] The time had now arrived for the assembling of Parliament, to which, in compliance with the proclamation, the Nobles, Barons, and others liable or entitled to serve in the Supreme Legislature convened at Edinburgh, while public affairs were in the attitude of which we have thus given a brief outline—the King’s Commissioner on board a naval armament in Leith Roads, for the subjection of Scotland by force, and the nation mustered in arms to resist him; the Sovereign himself being at the head of a foreign army, (for, as regarded Scotland then, it was a foreign army,) on the eve of invading her territories, and issuing proclamations against the whole nation, as guilty of treason and rebellion. It was under these extraordinary circumstances that Parliament assembled on the 16th of June 1639; and it is necessary to advert to the proceedings which the Estates, thus convoked by royal authority, adopted.

It was surmised by the royalist partisans that the Covenanters would hold a Parliament according to the indiction, and proceed, without either the King or a Commissioner being present, and establish some form of government, more or less anti-monarchical; in this, however, they were mistaken. When his Majesty sent orders to prorogate the Parliament, all agreed that it should be prorogued, after being fenced, to any period his Majesty thought fit; and it was prorogued accordingly, and by subsequent adjournment, till September following. Before separating, however, the Members concurred in granting a very ample commission to General Leslie, as Commander-in-Chief, and appointed Balmerino Governor of Edinburgh Castle. Meanwhile, the Covenanting chiefs omitted no opportunity of appealing to the justice and patriotism of the King, by supplications to himself, and communications to others whom they thought likely to have influence in his councils.

We now turn our attention to that quarter where it appeared probable the main battle would be fought, had not the consciousness of danger in the battle-field, and a sinister and double policy, induced the King to listen to the proposals of peace from his subjects; and it is one of the most honourable traits in the character of the Covenanters, that, however mistaken they might be in some of their views and actions, they ever manifested a desire to avoid the calamities of war, and ever cherished feelings of loyalty to the King, and of submission to his constitutional authority.

As the plans of the King began to be developed by his own march to the Eastern Border, and Hamilton’s expedition to the Forth, the Covenanters concentrated their forces to meet the threatened invasion at all points. On the 18th of May, peremptory orders were given by the Committee of War for general and energetic exertions. The forces which had been organized and disciplined on the Western Borders, under Monro, advanced from Dumfries through Nithsdale, Annandale, Liddisdale, and Teviotdale, towards the Merse, and took up cantonments at Kelso; while the main army (after leaving sufficient force to keep Hamilton in check) marched toward the royal camp, under the command of Alexander Leslie as Generalissimo, and pitched their tents in an entrenched camp at Dunglas, on the confines of East Lothian and Berwickshire—each body being so placed as to interpose an opposing force if the King’s army should attempt to enter Scotland through Berwick or further up the Tweed—and so posted that either portion of the army could presently coalesce with the other at any point of attack by the English. While the opposing armies were thus situated, the King was busied in issuing proclamations, one of which was more mild in its tone than those which preceded it, offering amnesty to all who should relinquish hostilities, but denouncing all who should not do so, and holding out an insidious temptation to the tenantry of Scotland that the estates of their landlords would be forfeited and partitioned among them, but withal forbidding them to come within ten miles of the royal camp, &c. Early in June these proclamations were published along the Border—at Dunse by Arundel, having an armed force along with him, without opposition; but not so at Kelso. Holland was dispatched, on the 3d of June, with 1000 horse and 3000 foot, to Kelso, professedly for a similar purpose, but evidently with the view of attacking and dispersing Monro’s corps of the Covenanters. He “advanced towards them with the horse (leaving the foot three miles behind) to a place called Maxwel-heugh, a height above Kelso; which, when the rebels discovered, they instantly marched out with 150 horse, and (as my Lord Holland sayes) eight or ten thousand foot—five or six thousand there might have been. He thereupon sent a trumpet, commanding them to retreat, according to what they had promised by the proclamation. They asked whose trumpet he was: he said—my Lord Holland’s. Their answer was—he was best to be gone; and so my Lord Holland made his retreat, and waited on his Majesty this night, to give him this account.”[156] We learn, from the same authority, that this untoward result operated strongly on the royal mind. “This morning,” says Vane, in his Letter, “advertisement is brought his Majestie that Lesley, with 12,000 men, is at Cockburnspath—that 5000 will be this night or tomorrow at Dunce—6000 at Kelso; so his Majestie’s opinion is, with many of his Council, to keep himself upon a defensive, and make himself here as fast as he can.” He therefore instructed Hamilton not to act on the offensive, but to leave his fleet in the Forth in as good a posture as he could, and go in person to the royal camp.

Baillie gives an account of this same affair, varying but little from Lord Holland’s. After stating that the Scotch troops willingly stood at the required distance from the King’s encampment, in order to shew that they did not meditate any invasion of England, and mentioning the proclamation at Dunse, he adds:—“The like was intended at Kelso; but there Monro, Fleming, and Erskine, presenting themselves in battle array, made Holland, with some thousand foot and horse, with their show alone, to retire in haste in a shamefull disorder. It is thought Holland’s commission was to cut off all he met in opposition to him; but his soldiers that day was a great deal more nimble in their legs than arms, except their cavilliers, whose right arms were no less weary in whipping, than their heels in jading their horses. We were informed that, to repair that disgrace, Holland was commanded to return with far more forces to execute his former commission; wherupon our Generall raises his camp from Dunglass, advertises his troops at Kelso to march towards him. Both of them met together that night at Dunse, and there they sat down on the head of their fair Law.”[157] He continues—“This our march did much affray the English camp. Dunse Law was in their sight within six or seven miles; for they lay in pavilions some two miles above Berwick, on the other side of the Tweed, in a fair plain along the river. The King himself, beholding us through a prospect, conjectured us to be about 16,000 or 18,000 men. We were, indeed, above twelve; but at once we were above twenty-four. We might have doubled that number, but we had none there from the one full half of Scotland—not a man beyond Tay—few from Lothian, Fife, Edinburgh, the Merse; for they were waiting on the ships or employed in carriages; the south behoved to observe the border about Carlisle; and the west, the Irish shore; albeit that was needless.”

Baillie states the English army at that time to have been only about 16,000, “and these not of the stoutest.” “One night,” says he, “a false alarm being in our camp, when our drums began to beat, and our matches on the hill to shine through the darkness, there arose such a fray in the English camp, that very many betook them to their heels, expecting from us a present invasion; yea, had not our wise and valorous Prince, with his General Arundel, done diligence to encourage and to find out the grundless vanity of the fray, there had bein a greater flight than with honour could have been gotten stayed.”

Although anxious to compress, as much as possible, these illustrative historical details, we cannot resist gratifying ourselves, and, we trust, our readers, by giving Baillie’s most graphical, though quaint, description of the Scottish camp on Dunse Law. It affords a more lively impression of the character, the manners, and the spirit of those times, than any modern description could possibly convey; and as this was, perhaps, the last great national demonstration of “Scotland’s might and Scotland’s right” which her a___ls afford, we must be forgiven for recording it in these pages, in connection with the history of the Presbyterian Church.

“It would have done you good,” says the reverend patriot, “to have cast your eyes athort our brave and rich hills, as oft as I did, with greater contentment and joy; for I was there among the rest, being chosen preacher by the gentlemen of our shire, who came late with Lord Eglinton. I furnished to half a dozen of good fellows, muskets and pikes, and to my boy a broad sword. I carried myself, as the fashion was, a sword, and a couple of Dutch pistols at my saddle; but I promise, for the offence of no man except a robber in the way; for it was our part alone to pray and preach for the encouragement of our countrymen, which I did to my power most chearfully.

“Our hill was garnished on the top, towards the south and east, with our mounted cannon, well near to the number of forty, great and small. Our regiment lay on the sides of the hill, almost round about. The place was not ample in circle; a pretty round, rising in a declivity, without steepness, to the height of a bow-shot; on the top somewhat plain; about a quarter of a mile in length, and as much in breadth, as I remember, capable of tents for 40,000 men. The Crowners lay in canvas lodges, high and wide; their captains about them in lesser ones; the soldiers about, all in huts of timber, covered with divot or straw. Our Crowners for the most part were noblemen; Rothes, Lindsay, Sinclair, had among them two full regiments at least from Fife; Balcarras a horse-troop; Loudon, Montgomery, Erskine, Boyd, Fleming, Kircudbright, Dalhousie, Yester, Eglinton, Cassils, and others, either with a whole or half regiments. Montrose’s regiment was above 1500 men in the castle of Edinburgh; himself was expected; but what detained him ye shall hear at once.

“Argyle was sent for to the treaty of peace; for without him none would mint to treat. He came, and set up his tent in the hill; but few of his people with him. It was thought meet that he and his should lie about Stirling, in the heart of the country, to be always ready in subsidies for unexpected accidents, to be a terror to our neutralists or but masked friends; to make all, without din, march forward, lest his uncanny trewsmen should light on to call them up in their rear; always to have an eye what either the north, or the shires, or the west, or our stail host should mister of help. It was thought the country of England was more afraid of the barbarity of his Highlanders, than of any other terror. Those of the English that came to visit our camp, did gaze much with admiration upon these supple fellows, with their plaids, targes, and dorlachs. There were some companies of them under Captain Buchanan, and others in Erskine’s regiment; our captains, for the most part barons or gentlemen of good note; our lieutenants, most of old soldiers, who had served over sea in good charges. Every company had, fleeing at the captain’s tent-door, a brave new colour, stamped with the Scottish arms, and this motto, ‘For Christ’s Crown and Covenant,’ in golden letters.

“Our General had a brave royal tent; but it was not set up. His constant guard was some hundreds of our lawyers, musquetiers, under Durie and Hope’s command, all the good way standing in arms, with locked matches, before his high gate, well apparelled. He lay at the foot of the hill, with Baillie his sergeant-major or lieutenant-general. That place was destined for Almond, in whose wisdom and valour we had but too much confidence; yet in the time of our most need, the greatness of his gravel, or the pretence of it, made him go to France to be cut. Always, when he came there, it was found he needed no incision, so he passed to his charge in Holland, where to us he was as dead in all our dangers.

“The councils of war were kept daily in the castle; the ecclesiastick meetings in Rothes’s large tent. The General, with Baillie, came nightly for the setting of the watch on their horses. Our soldiers were all lusty and full of courage; the most of them, stout young plowmen; great chearfulness in the face of all: the only difficulty was, to get them dollars or two the man, for that voyage from home, and the time they entered in pay; for among our yeoman, money at any time, let be then, uses to be very scarce; but once having entered on the common pay, their sixpence a-day, they were galliard. None of our gentlemen were any thing worse of lying some weeks together in their cloaks and boots on the ground, or standing all night in arms in the greatest storm. Whiles, through storm of weather, and neglect of the commissaries, our bread would be too long a-coming, which made some of the eastland soldiers half-mutiny; but at once, order being taken for our victuals at Edinburgh, East Lothian, and the country about us, we were answered better than we could have been at home. Our meanest soldiers were always served in wheat-bread, and a groat would have gotten them a lamb-leg, which was a dainty world to the most of them. There had been an extraordinary crop in that country the former year, beside abundance that was stolen away to the English camp for great prices. We would have feared no inlack for little money for some months to come. Merse and Teviotdale are the best mixt and most plentiful shires, both for grass and corn, for flesh and bread, in all our land. We were much obliged to the town of Edinburgh for money. Mr Harry Pollock, by his sermons, moved them to shake out their purses; the garners of non-covenanters, especially of James Maxwell and Lord Winton, gave us plenty of wheat. One of our ordinances was, to seize on the rents of non-covenanters; for we thought it but reasonable, since they sided with these who put our lives and our lands for ever to sale, for the defence of our church and country, to employ for that cause, wherein their interest was as great as ours if they would be Scotsmen, a part of their rent for one year; but, for all that, few of them did incur any loss by that our decree, for the peace prevented the execution.

“Our soldiers grew in experience of arms, in courage, in favour daily. Every one encouraged another. The sight of the nobles, and their beloved pastors, daily raised their hearts. The good sermons and prayers, morning and evening, under the roof of heaven, to which their drums did call them for bells; the remonstrances very frequent, of the goodness of their cause; of their conduct hitherto, by a hand clearlie divine; also Lesly’s skill, and prudence, and fortune, made them as resolute for battle as could be wished. We were feared that emulation among our nobles might have done harm, when they should be met in the field; but such was the wisdom and authority of that old, little, crooked soldier, that all, with an incredible submission, from the beginning to the end, gave over themselves to be guided by him, as if he had been great Solyman. Certainly the obedience of our noblemen to that man’s advice was as great as their forebeers wont to be to their King’s commands: yet that was the man’s understanding of our Scots humours, that gave out, not only to the nobles, but to very mean gentlemen, his directions in a very homely and simple form, as if they had been but the advices of their neighbour and companion: for, as he rightly observed, a difference would be used in commanding soldiers of fortune, and of soldiers volunteers, of which kind the most part of our camp did stand. He kept daily in the castle of Dunse an honourable table for the nobles and strangers with himself; for gentlemen-waiters thereafter, at a long side-table. I had the honour, by accident, one day to be his chaplain at table, on his left hand. The fare was as became a General in time of war: not so curious by far as Arundel’s to our nobles; but ye know that the English fare sumptuously, both in war and peace.”

“It seems our General’s table was on his own charge; for, so far as yet I know, neither he, nor any noble or gentleman of considerable rent, got any thing for their charge. Well I know, that Englinton our Crowner entertained all the gentlemen of note that were with him, at his own table, all the time of our abode; and his son, Montgomery, kept with him very oft the chief officers of his regiments: for this was a voyage wherein we were glad to bestow our lives, let be our estates.

“Had you lent your ear in the morning, or especially at even, and heard in the tents of some, the sound of singing psalms, some praying, and some reading scripture, ye would have been refreshed. True, there was swearing, and cursing, and brawling, in some quarters, whereat we were grieved; but we hoped, if our camp had been a little settled, to have gotten some way for these misorders; for all of any fashion did regret, and all promised to do their best endeavours for helping all abuses. For myself, I never found my mind in better temper than it was all that time since I came from home, till my head was again homeward; for I was as a man who had taken my leave from the world, and was resolved to die in that service, without return. I found the favour of God shining upon me, and a sweet, meek, humble, yet strong and vehement spirit leading me all along; but I was no sooner on my way westward, after the conclusion of the peace, than my old security returned.

“It was not our General’s intention to sit long at Dunse; only till our army had grown to a considerable number: he thought meet to lie on that strength which was in the midst betwixt the two ways to Edinburgh, that if the English had moved either towards Haddington or Soutra, he might have been on their backs; for we knew not then well either of the estate or designs of the enemy: but after we were above 20,000 men, he gave out not obscurely his purpose to approach the English camp. Their fear of this, made them cast up some trenches on our side of Tweed, and work at them both on Sunday and Saturday. They had no will we should come so near them; therefore occasion was sought with all diligence of the treaty. The way of the procedure was this: Robin Lesly, one of the old pages, being come over to Dunse Castle, made, as it were of his own head, an overture, that we would be pleased yet to supplicate, or else the English forces did so multiply, that at once we would be overflown with them. Our fear daily diminished of their violence; we knew at once the great advantages we had of the King: yet such was our tenderness to his honour, that with our hearts we were ever willing to supplicate his offcoming; yea, had we been ten times victorious in set battles, it was our conclusion to have laid down our army at his feet, and on our knees presented nought but our first supplications. We had no other end of our wars; we sought no crowns; we aimed at no lands and honours as our party; we desired but to keep our own in the service of our Prince, as our ancestors had done; we loved no new masters. Had our throne been void, and our voices sought for the filling of Fergus’s chair, we would have died ere any other had sat down on that fatal marble but Charles alone.”

While the two armies were in the position thus described by an eye-witness—the Royal army, on the one hand, weak, wavering, and almost panic-struck, the Royal coffers nearly exhausted, and the spirit of the English troops and followers sunk to the most abject state; the Scotch, on the other hand, outnumbering their adversary, bold, eager for the fight, and full of high enthusiasm and confidence in superhuman support, yet with limited means for a protracted campaign, and anxious to avoid acts of deadly hostility against their native King—overtures for pacification were made; and in a very short space agreed to. In consequence of the hints given by Robert Leslie, which the Scotch leaders interpreted as an indication of his Master’s wishes, the Earl of Dunfermling was despatched to the Royal camp (on the 7th or 8th of June) with a short Supplication to his Majesty, and Letters to the English Council; and this mission terminated on the 18th of June, after various conferences and negotiations, in a Declaration by the King, and Articles of Pacification, signed by the Commissioners on both sides, which, for a season, put an end to the further progress of hostilities.

It would swell these notes beyond the compass that is suitable to this work, were we to give even a meagre abstract of the substance of the proposals and objections which formed the subject-matter of these negotiations; but we deem the whole correspondence, proclamations, and negociations which took place during the period which intervened betwixt the Assembly of 1638 and that of 1639, to be of so much importance to the full understanding of the history of those times, that, as formerly, we intend to supply our readers with all these documents themselves. This is the more requisite, as they are nowhere to be found entire, and without mutilation or the suppression of many of them, in any single history or, collection relative to those transactions; and, indeed, a number of the most curious and valuable—as unveiling the secret history of Charles’ policy and his motives—were not disclosed to the world for more than thirty years afterwards, when Burnet, after the restoration of Charles II., published his Memoirs of the Duke of Hamilton, in which these are embodied. Referring to these documents, therefore, as containing the only true history of the period referred to, (that has fallen under our observation,) and leaving every one to draw his own inferences from these muniments, we shall here only state the leading features of the Treaty, in so far as that is necessary to explain the circumstances in which the General Assembly of 1639 convened.

By his Royal Declaration, of date the 18th of June 1639, his Majesty, referring to the various supplications, &c. of his Scotch subjects, was “pleased to declare and assure that, according to the Petitioners’ humble desires, all matters ecclesiastical shall be determined by an Assembly of the Kirk, and matters civil in the Parliament, and other inferior judicatories established by law; and Assemblies, accordingly, shall be kept once a year, or as shall be agreed upon at the next General Assembly.

“And for settling the general distractions of that our antient Kingdom, our will and pleasure is, that a Frie General Assembly be kept at Edinʳ the 6ᵗʰ day of August next ensuing, where we intend (God willing) to be personally present, and for the legal indiction thereof, we have given orders and command to our Council; and thereafter a Parliament to be holden at Edinburgh the 20ᵗʰ day of August next ensuing, for ratifying of what shall be concluded in the said Assembly,” &c.[158]

To this declaration seven articles were annexed, the chief of which were—the immediate disbanding of the forces of Scotland—the surrendering to the King all the castles, forts, regalia, &c.—all fortifications; and meetings not sanctioned by Act of Parliament, to be desisted from: and, on the other part, his Majesty to withdraw all his ships, &c. on delivery of the fortresses.

On considering this Declaration and the Articles, the Scotch Commissioners, (viz., Rothes, Dunfermline, Lowdon, W. Douglas, Alexander Henderson, and Archibald Johnston,) on the part of the Covenanters, subscribed the following document, which completed the pacification:—

“In obedience to his Majestys Royal commands, we shall, upon Thursday next, the 20 of this June, dismiss our forces, and immediately thereafter deliver his Majesties Castles; and shall ever, in all things, carry ourselves like humble, loyal, and obedient subjects.”

And thus, to the great joy and rejoicing of both armies, this pacification was consummated, without bloodshed; and the several hosts dispersed themselves and retired to their homes. The Covenanters, with perfect good faith, surrendered the fortresses, Regalia, and all that they had seized as sureties for their safety; but they were too well aware of the craft with which they had to cope, to omit all needful precautions against the perfidy of their adversaries. It was his necessity, and not his will, that induced the King really to yield (though his apologists call it concede) to the Scotch army, the terms recorded in his Declaration; and, reluctant as we are to think harshly of that misguided Monarch, or to anticipate the judgment which our readers may form, on examination of the evidence which we have gleaned, or to obtrude our own humble reflections on the occurrences which we record—we cannot stifle an expression of our full conviction, that, in entering into that treaty of pacification, Charles I. did it with a settled purpose to violate his faith as a man and a King; and that, with regard to it and its fulfilment, he was guided by principles the most jesuitical, dishonourable, and immoral. The documents which follow, contain the most conclusive proofs of a paltry, pettifogging dissimulation, such as is scarcely to be paralleled in the whole range of authentic history.[159]

But we leave this painful topic, and pass on to the incidents more immediately introductory to the meeting of Assembly.

In reference to this, one of the ticklish points connected with it was, that, in the negotiations, the King would not recognise the Assembly of the preceding year as a lawful Assembly, while the Scotch Commissioners would not relinquish its character of legality; and, therefore, it was understood, that, without assuming anything on that point, the Assembly of 1639 should proceed de novo to consider all affairs ecclesiastic. The policy of the King and his councillors—Hamilton, Traquair, and certainly Canterbury and the Scotch Prelates—was, if possible, to prevent a recognition of its lawfulness or its Acts, and to mould the proceedings of the next Assembly and Parliament so as to defeat the Presbyterian polity, and pave the way for the resumption of high regal prerogative, (“the Kingly way,” as Hamilton termed it,) and the restoration of Episcopacy. It is necessary thus far to anticipate what will be found more fully developed in the King’s Instructions and other documents, in order that the reader may be prepared, as he advances, to perceive the bearing of the proceedings which ensued.

The King, if ever he seriously purposed to attend the Assembly in person, speedily relinquished the idea; and, indeed, his personal attendance would have been very inconvenient, considering the crooked policy by which, at the time, he was guided. He might have felt very serious embarrassment in managing personally, the refined duplicity of his schemes; and having, as is fully proved, a purpose of putting his veto upon anything that might be concluded either in the Assembly or Parliament, which was not in entire accordance with his own notions, (and he could not reasonably expect that they should be so,) it was more expedient to act by a Commissioner—whose acts he might disavow and repudiate—than to compromise himself by a personal appearance and a collision with the Scottish Covenanters on their own ground. He wished Hamilton to be his Commissioner once more; but that nobleman was too wary, after his former experiences, to attempt it; and Traquair was selected for this important office. His Lordship waited on the King at Whitehall in the beginning of August; and, on the 6th, his Commission was signed, and he set out for Scotland.

Without farther prefatory explanation, therefore, we now proceed to give the Acts and proceedings of the Assembly which convened at Edinburgh on the 12th of August 1639, adhering to the same arrangement as in the former part of this work.

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THE PRINCIPALL ACTS
OF THE GENERALL ASSEMBLY HOLDEN AT EDINBURGH, IN THE YEAR 1639.

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Sess. VII. August 17, 1639.
Master George Grahame his renouncing and abjuring of Episcopacie.

The which day was given in to the Assembly, direct from Master George Grahame, sometimes pretended Bishop of Orknay, an abjuration of Episcopacie, subscribed with his hand, which was publickly read in audience of the Assembly; and thereafter they ordained the same to be registrat in the Assembly Books, ad perpetuam rei memoriam, whereof the tenor follows.

TO all and sundry whom it effeirs, to whose knowledge these presents shall come, specially to the reverend and honourable Members of the future Assembly to be holden at Edinburgh, the twelfth day of August 1639 years: Me, Master George Grahame, sometime pretended Bishop of Orknay, being sorry and grieved at my heart that I should ever, for any worldly respect, have embraced the order of Episcopacie, the same having no warrand from the Word of God, and being such an order as hath had sensibly many fearful and evill consequences in many parts of Christendome, and particularly within the Kirk of Scotland, as by doleful and deplorable experience this day is manifest, to have disclaimed, like as I, by the tenor hereof, doe altogether disclaime and abjure, all Episcopal power and jurisdiction, with the whole corruptions thereof, condemned by lawful Assemblies within the said Kirk of Scotland, in regard the same is such an order as is also abjured within the said Kirk, by vertue of that National Oath which was made in the years 1580 and 1581; promising and swearing by the great Name of the Lord our God, That I shall never, whiles I live, directly or indirectly, exercise any such power within the Kirk, neither yet shall I ever approve or allow the same, not so much as in my private or publike discourse: but, on the contrary, shall stand and adhere to all the Acts and Constitutions of the late Assembly holden at Glasgow, the 21 of Novemb. 1638 last by-past, and shall concurre, to the uttermost of my power, sincerely and faithfully, as occasion shall offer, in executing the said Acts, and in advancing the Work of Reformation within this land, to the glory of God, the peace of the Countrey, and the comfort and contentment of all good Christians, as God shall be my help. In testimony of the which premisses, I have subscribed thir presents with my hand at Brecknes in Stromness, the eleventh day of February, the year of God 1639 years, before thir witnesses, Master Walter Stuart, Minister at Southronnaldsay, Master James Heynd, Minister at Kirkwall, Master Robert Peirson, Minister at Firth, and Master Patrick Grahame, Minister at Holme, my Son.

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Sess. VIII. 17 Aug. 1639.
Act containing the Causes and Remedie of the bygone Evils of this Kirk.

THE Kings Majestie having graciously declared, That it is His Royal will and pleasure, that all questions about Religion, and matters Ecclesiasticall, be determined by Assemblies of the Kirk; having also, by publike Proclamation, indicted this free national Assembly, for settling the present distraction of this Kirk, and for establishing a perfect peace against such divisions and disorders as have been sore displeasing to his Majestie, and grievous to all his good Subjects. And now his Majesties Commissioner, John Earle of Traquair, instructed and authorized with a full Commission, being present and sitting in this Assembly, now fully conveened, and orderly constitute in all the members thereof, according to the order of this Kirk, having, at large, declared His Majesties zeal to the reformed Religion, and His Royal care and tender affection to this Kirk, where His Majestie had both His Birth and Baptisme, His great displeasure at the manifold distractions and divisions of this Kirk and Kingdome, and His desires to have all our wounds perfectly cured, with a fair and fatherly hand: And, although in the way approven by this Kirk, tryal hath been taken in former Assemblies before from the Kirk registers, to our full satisfaction, yet the Commissioners Grace, making particular enquiry from the members of the Assembly, now solemnly conveened, concerning the real and true causes of so many and great evils as this time past had so sore troubled the peace of this Kirk and Kingdome, It was represented to His Majesties Commissioner by this Assembly, That, beside many other, the maine and most materiall causes were, First, The pressing of this Kirk, by the Prelates, with a Service Book, or Book of Common Prayer, without warrand or direction from the Kirk, and containing, beside the Popish frame thereof, diverse Popish errors and ceremonies, and the seeds of manifold grosse Superstitions and Idolatry, with a Book of Canons, without warrand or direction from the Generall Assembly, establishing tyrannicall power over the Kirk, in the person of Bishops, and overthrowing the whole discipline and government of the Kirk by Assemblies, with a Book of Consecration and Ordination, without warrand of Authoritie, Civill or Ecclesiasticall, appointing offices in the house of God, which are not warranted by the word of God, and repugnant to the discipline and Acts of our Kirk, and with the High Commission, erected without the consent of the Kirk, subverting the jurisdiction and ordinary judicatories of this Kirk, and giving to persons meerely Ecclesiasticall, the power of both swords, and to persons meerly Civill, the power of the Keys and Kirk censures. A second cause was the Articles of Perth—viz., the observation of Festivall dayes, kneeling at the Communion, Confirmation, Administration of the Sacraments in private places, which are brought in by a null Assembly, and are contrary to the Confession of Faith, as it was meant and subscribed Anno 1580 and divers times since, and to the order and constitutions of this Kirk. Thirdly, the changing of the government of the Kirk, from the Assemblies of the Kirk, to the persons of some Kirk-men, usurping prioritie and power over their Brethren, by the way, and under the name of Episcopall government against the Confession of Faith, 1580, against the order set down in the Book of Policy, and against the intention & constitution of this Kirk from the beginning. Fourthly, the Civill places and power of Kirkmen, their sitting in Session, Councell, and Exchequer; their Riding, Sitting, and Voiting in Parliament, and their sitting in the Bench as Justices of peace, which, according to the constitutions of this Kirk, are incompatible with their spiritual function, lifting them up above their Brethren in worldly pompe, and do tend to the hinderance of the Ministrie. Fiftly, the keeping and authorizing corrupt Assemblies—at Linlithgow, 1606 and 1608; At Glasgow, 1610; At Aberdene, 1616; At S. Andrews, 16I7; at Perth, 1618—which are null and unlawfull, as being called and constitute quite contrary to the order and constitutions of this Kirk, received and practised ever since the reformation of Religion, and, withall, labouring to introduce novations into this Kirk, against the order and religion established. A sixth cause is, the want of lawfull and free Generall Assemblies, rightly constitute of Pastors, Doctors, and Elders, yearly or oftner, pro re nata, according to the libertie of this Kirk, expressed in the Book of Policy, and acknowledged in the Act of Parliament, 1592. After which the whole Assembly, in one heart and voyce, did declare, that these and such other, proceeding from the neglect and breach of the Nationall Covenant of this Kirk and Kingdome, made in Anno 1580, have been, indeed, the true and maine causes of all our evills and distractions. And, therefore, ordaine, according to the constitutions of the Generall Assemblies of this Kirk, and upon the grounds respective above specified, That the foresaid Service-Book, Books of Canons, and Ordination, and the high Commission, be still rejected: That the Articles of Perth be no more practised; That Episcopall Government, and the Civill places and power of Kirk-men, be holden still as unlawfull in this Kirk; That the above named pretended Assemblies—At Linlithgow, 1606 and 1608; At Glasgow, 1610; At Aberdene, 1616; At S. Andrews, 1617; At Perth, 1618—be hereafter accompted as null, and of none effect. And that, for preservation of Religion, and preventing all such evils in time coming, Generall Assemblies, rightly constitute, as the proper and competent judge of all matters Ecclesiasticall, hereafter be kept, yearly and oftner, pro re nata, as occasion and necessity shall require; The necessity of these occasionall Assemblies being first remonstrate to His Majestie, by humble supplication: As also that Kirk Sessions, Presbyteries, and Synodall Assemblies, be constitute and observed, according to the order of this Kirk.

After the voycing of the Act, (anent the causes of our by-gone evils,) His Majesties Commissioner consented, verbally, to the said Act, and promised to give into the Clerk in writ, the Declaration of His consent, and that he should ratifie this Act in the ensuing Parliament.

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Sess. XVIII. 26 Aug. 1639.
Act approving an old Register of the Generall Assembly.

The whole Assembly, (upon the report made to them anent the old Register of the Assembly, gotten from Master John Rig,) all in one voice, approved the said Register, and ordained the same to make faith in judgement, and outwith in all time coming, as a true and authentick Register of the Kirk of Scotland, conforme to the testimonie subscribed by the Committee, to be insert in the Books of Assembly; whereof the tenor followeth:—

WE under subscribers, Forsameikle as the late Generall Assembly, holden at Glasgow, gave power and Commission to us, To peruse, examine, and cognosce upon the validitie, faith, and strength of the Books and Registers of the Assembly, particularly set down in the Commission given to us thereanent. According whereunto, we did carefully view, peruse, and consider the saids Registers, and gave our testimony thereof under our hands, of the validitie and sufficiencie of the samine, to the said Generall Assembly. And now, having a new Commission given to us from the Generall Assembly now presently conveened and sitting at Edinburgh, To peruse, examine, and cognosce upon the validitie, faith, and strength of another Register of the Assembly, which was not set down and recommended to us by the said former Commission, which Register beginneth at the Assembly holden at Edinburgh the sixth day of March 1572, and endeth at the Assembly likewise holden at Edinburgh 1573, we have carefully viewed, perused, and considered the said Register: And being deeply and maturely advised, as in a matter of greatest weight and consequence, doe attest before God, and upon our consciences declare to the world and this present Assembly, That the said Register above exprest, is a famous, authentick, and good Register, which ought to be so reputed, and have publik faith in judgement and outwith, as a valid and true Record in all things, And findis the same to be of the same handwrit, and subscribed by the same Clerk of the Generall Assembly, as divers of the said other Registers (formerlie perused by us) are. And, in testimonie of our solemne affirmation, we have subscribed these presents with our hands, at Edinburgh, the ________ day of August, 1639.

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Act Sess. XIX. Aug. 27, 1639.
Act approving the deposition of the Ministers by the Committees.

THE Assembly, after the receiving of the whole reports from the Committees, appointed for revising of the processes and sentences, led, deduced, and pronounced before, and by the severall Commissions granted by the Assembly at Glasgow, All in one voice approved the saids whole Processes as orderly proceeded, and the whole sentences pronounced thereintill, as just and lawfull decrees, without prejudice of any favour that can be showne to any person or persons, against whom the said sentences are pronounced upon their supplications, or of Justice to such as complaine of their processe, and offers to reduce the same upon whatsoever reason competent, by the Constitutions of this Kirk and Kingdome, before the Generall Assembly and the Commissioners thereof, they being appointed for that effect.

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Act Sess. XX. 28 Aug. 1639.
Act anent receiving of deposed Ministers.

THE which day, the Generall Assembly, upon the report of the Committees anent these who are deposed by Synods, Doe make this Generall Act, recommending to the Synods all these who are deposed before them for subscribing of the Declinator, and reading of the Service-book, and for no other grosse cause, That, upon their true repentance, and submission to the Constitutions of this Kirk, and upon their purgation and clearnesse from any grosse Faults laid to their charge in any new processe against them, they may be found by the Synods capable of the Ministerie, when God grants them an ordinary and lawfull calling by admission from the Presbyterie, either in the Church they served in before, or in any other Church.

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Act Sess. XXI. 29 August 1639.
Act anent the keeping of the Lords Day.

The Generall Assembly recommendeth to the several Presbyteries the execution of the old Acts of Assembly against the breach of the Sabbath Day, by going of Mylnes, Salt-Pannes, Salmond-fishing, or any such like labour; and, to this end, revives and reneues the Act of the Assembly holden at Haly-rude-house, 1602, Sess. 5, whereof the tenor follows:—

THE Assembly considering that the conventions of the People, specially on the Sabbath Day, are very rare in many places, by distraction of labour, not onely in harvest and seed-time, but also every Sabbath, by fishing both of white fish and Salmond-fishing, and in going of Mylnes. Therefore the Assembly dischargeth and inhibiteth all such labour of fishing, as well white fish and Salmond-fish, and going of Mylnes of all sorts upon the Sabbath, under the pain of incurring the censures of the Kirk: And ordaines the Commissioners of this Assembly to mean the same to His Majestie, and to desire that a pecuniall paine may be injoyned upon the contraveeners of this present Act.

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Act Sess. XXII. 29 Aug. 1639. â meridie.
Articles and Overtures approved by the Assemblie.

THAT some Commissioners be appointed to visit and peruse the whole Acts of Generall Assemblies, and to mark such Acts as are for the use of the Kirk in Generall, To extract the same out of the Registers, to the effect that after they be tryed, they may be printed according to the old Acts of the Assembly at Edinburgh, March 7, 1574, Sess. 9.

The Assemblie appoints the Presbyterie of Einburgh to have a care of this article, and to report their diligence to the next Assembly.

That course may be taken for restraining of people from passing to England to marry, which is the occasion of great inconveniences.

The Assembly alloweth this article, and recommends to the Parliament that they would appoint a pecuniall summe to be payed by the contraveeners.

That the Acts for furnishing expences to Commissioners, sent by the Presbyteries to the Generall Assembly, and sent in Commission by Generall Assemblies, may be explained; And it be declared that all such Commissioners whatsoever, by their stipends, may be furnished by the Kirks of the Presbyterie, according to the order set down in the Act of the last Assembly, since the errand is common, and the benefit concerneth all; and that order may be taken, how that an expedient voluntarie course, thought fit by the Assembly, shall, by advise of Parliament, have the force of a law, for compelling these to pay who are stented, both for the last and this Assembly, and in time to come.

The Assembly allowes this article, and referres the same to the Parliament.

That the Session-books of every Paroche be presented once a year to the Presbyteries, that they may be tryed by them.

The Assembly alloweth this article.

That the Act of the 38 Assembly at Edinburgh October 24, 1578, Sess. 8, ordaining Ministers who are deposed, to be charged, under the pain of excommunication, to dimit their places, that they may be unquestionably vacand, may now be renewed.

The Assembly alloweth this article, and remits the same to the Parliament.

The Assembly would revive or renew all former Acts of Assembly against Papists and excommunicate persons, against haunters with them, and receivers of them.

The Assembly alloweth this article.

That an uniforme Catechisme may be appointed to be used throughout this whole Kingdome, in the examinations before the Communion.

The Assembly alloweth this article.

That all Ministers or Intrants presented to Kirks, be tryed before their admission, if they be qualified for the places to which they are presented, besides the ordinary tryalls of Expectants before their entrie to the Ministerie.

The Assembly alloweth this Article.

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