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

[Sess. 9—August 19.]

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

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

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

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

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

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

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

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

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

To meit to morrow at 9 a clocke.

Sess. 10.—August 20. Twysday—Hora nona.

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

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

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

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

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

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

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

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

To meit tomorrow at 9 a clocke.

Sess. 11.—Hora nona, Wedinsday [Aug. 21.]

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

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

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