Sessio 20.—August 28, Wednesday.
The Assemblies Motion for authorizing the Covenant, by way of new Swearing and Subscriving thereto by the whole Kingdome.
After in calling upon the name of God, the Moderatour said—Please your Grace: The tyme now drawes schort; and your Grace, we trust, considers that there are some weightie poyntes of greater consequence and moment nor we have handlit, that are yet to be done, and this a speciall ane. We are longing to have your Grace with us in the Covenant, and all others in the kingdome; that, as we are under ane religion and kingdome, [we] may all be under ane Covenant and band. And this I know, the whole Assemblie is longing for it.
The Commissioner answered—Truelie, that particular hath beine so much in agitatione this tyme past that if I should not expect something to be spocken of it in this Assemblie, I should be much to blame. I believe yesternight was the first occasion of discourse that I had upon it; and truelie I think it a matter of great consequence; and as it is a bussines which I cannot say but ye have reason to presse as that which may make a happie conclusion of all this bussines; so, on the other pairt, it being made up of two bodies—the Confession and Band—in either of both there is so much, that, if I desire to be weill advysed in it, I hope I shall offend none.
I will not rype up the mistakes that hath beine; for I believe, whatever differences there hes beine about it, they have beine about mistakes. Yet this much I may say for the Confession of Faith itselfe—The ground of it proceeds from the year 1580, 1581, and renewed sundrie tymes since. It seemes that, by the progresse of tyme, there hath beine some thing which hath intervened, that gave the Kirk of Scotland occasion to thinke it necessar to explain it in some thinges, and to find that some thinges were excluded by it that is not particularlie expresst in it. And now it hath pleased God to move our Kings Majestie to indict this Assemblie, and hath given me warrand, whatever exposition this Assemblie shall find that Confession to beare, and likewayes whatever is found by this Assemblie to be excluded by that Confession, I, in my Masters name, shall consent unto it; and now, if there be any mistake, it is upon that pairt of the Covenant which makes up the Band.
Now, for the Confession itselfe I have no scruple, neither as it was literallie sett downe, nor as it is now explained. For the Band, it may be, if in forme and matter some thinges were rightlie understood, soveraignitie will receave satisfaction.
The Moderatour answered—We have still bein and are able to give satisfaction in all thinges that might impaire the due estimation of good and loyall subjects. As for the Band, we thinke it so well conceaved, that, were it to doe over againe, we could not light upon such happie expressions. Nevertheless, we are content that your Grace call for whom ye please to receave farther satisfaction.
The Commissioner said—Whatever debates there hes beine betweene me and this Assemblie since our meeting, I hope [these] shall take a friendlie conclusion. I believe there hes bein none except in that particular anent the deposed ministers; and, for that, I hope to receave a charitable answer, since it is my Masters speciall command so to doe; and duetie oblisses me, since my Master conceaves most of them suffers for his cause; and so, what debates hes bein, the conclusion is good. You have taken your way, which is agrieable to the constitutions of this Kirke; and I believe with that respect to my Master what favour shall be granted to them upon their Supplications.
But for the particular—there is so much done in it by this Assemblie, that, for myselfe, I have no doubts of the Confession of Faith itselfe, or of the explanation that is made upon it; that if there be any scruple, or shadow of scruple, it is concerning the said Band.
The Moderatour answered—We are very readie to remove these shadowes, and to give your Grace satisfaction.
Upon a Supplication of the new Colledge of Sᵗ Androwes, that, according to the Act of Assemblie at Edinburgh, October 9, 1582, Sess. 10, Commissioners would be appoynted for visitation thereof, to concurre with the Commissioner from the Parliament, for examining the foundation thereof—establishing necessar Professours of Divinitie, provyding competent meanes. The Assemblie find this desyre most reasonable; and, therefore, did grant Commission to Earles of Rothes, Montrois, Cassiles, Lowthiane, Lindsey, Burlie, Balcarras; Ministers—Mʳˢ Alexander Hendersone, Andro Cant, Robert Blair, William Scott, David Dalgleische, James Bruce, Andro Fleck, Frederick Carmichaell, for that effect.
It is observed, that there was a clause in this Supplication, that the foresaid Colledge might have libertie to call for any man to be Professour therein. It was excepted against by the Colledges of Glasgow and Edinburgh; and much contestation being like to arise, the motion was put to voicing, Whither their Supplications be grantit simplie or conditionallie? And, by the greatest parte of the voices, it was granted but conditionallie.
The Supplication of the Colledge of Glasgow to that same effect. The Assemblie fand it necessar to be grantit next, and after Sᵗ Androwes, and without prejudice to them; and, therefore, did nominat, Earles Argyle, &c.; Ministers—Mr James Bonar, &c.; Burgesses—Provost of Stirling, &c., to meet the first Tuesday of October.
The Supplicatione of the Towne of Edinburgh, containing a leete of ministers for planting of their Kirkes at the desire of the Assemblie, they were content to passe from them all, except Mr James Hamilton. After reading of the said Mr James his reasons, the matter being put to voiceing, the said Mr James, by the greater parte of the voices, decerned to stay in Dumfries.
These that were appoynted to conferre with Mr Joⁿ Lindsey, were desired to give in their reports. They answered that he gave full satisfaction to their contentment, and did heavilie regreat his former wayes—was willing to submitt himselfe to the constitutiones of the Kirk; and, therefore, they thought it fitt that the Assemblie should declair him capable of the ministrie; and upon his satisfaction at his Presbitrie and Paroche, and declaration of his repentance, then he might be reponed to a flocke.
Mr John Lindsey, compeiring, said—I professse in the presence of the Commissioners Grace and this Assemblie, that I am heartilie grieved that ever I should have offended Nobleman, Minister, or any other; and that I myselfe should have bein the caus of it. And I confesse I was too violent in that course of conformitie, and now have gotten satisfaction of my scruples. I doe submitt myselfe to the determination of this Assemblie—yea, and to all these to whom I have failed. The Assemblie declaired him capable of the Ministrie, and approves the Report of the Committie.
Anent Mr James Hamilton, Minister at Cambusnethan, the Committie reported that he was a young man of good behaviour, and welbeloved of his paroche, and guiltie of nothing directlie but the subscryving of the Declinatour; and, therefore, it was their judgement he might be dealt with as Mr John Lindsey.
The said Mr James compearand, confessed that he had wranged and offended his Mother Kirk, and humblie desired to be receaved in her favour.
The Assemblie did heartille receave him, and declaired him capable of the Mlnisterie.
The same report was made for Mr Wᵐ Forbes, who humblie confessing his faults before the Assemblie, got the same favour.
The Committie reported that Mr John Hamilton was also truelie penitent, but it was [thought] he should give his tryell of new. The Assemblie refers him back to to the Presbitrie.
Mr Robert Hamilton, of Lismahagow, compeired and said he was willing to subscryve the Cannons of the Synod of Dort, and to revoke all his Arminian tenets that he had mentioned; and, in speciall, he was sorrie for his rashe expressions in his paper given in yesterday to the Commissioners Grace, and was willing to submitt himselfe to the Assemblie.
The Moderatour said—This matter is not of so small consequence, that we should either cutt yow off from hopes of being receaved upon your repentance, nor that we slight the auctoritie of this Assemblie, so farr scuffed by yow yesternight, that we should suddenlie receave yow to the Ministrie who hes bein so lang obstinat and caried your selfe in such a proud maner.
Auldbar said—It is not four houres since he was converted.
The Assemblie referris him to the Synod of Glasgow.
The Commissioner said—I still urge that it is your best for these churches that are vacant, whereof our Master is Patron, to represent the case to him, and what yow doe in this, let it be by way of Supplication; and If I shall not both convey the same, and be a good instrument to obtaine your desire, I pray God I never thryve.
Upon occasion of this, my Lord Argyle said—When we consider the great divisions and distractiouns of this Kirk, we rejoyce to see this dayes worke, and your Grace sitting here to put order to all thinges in his Majesties name; and since we have enjoyed this by his Majesties graceous favour, I represent to your Grace and this Assembly, if it shall not be very incumbent to us to thinke upon some humble way how to testifie our heartie acknowledgement of this favour from his Majestie, and to rander his Majestie humble thankes therefore: to the which the Commissioners Grace and the whole Assemblie did applaud, and desired it might come in with the Overtures.
My Lord Lowdoun said—If it like your Grace, I shall be bold to desire ane thing may be added to the Overtures—and I know certainlie I have the applause of the whole Assemblie. Amongst uthers, imputations that have beene layd upon this Church and the government of it as it is now established, that Ministers will rashlie and misrespectivelie have preached of auctoritie, and, therefore, especiallie since the Kings Majestie thought by his haveing of the Bischops he had a readie way to censure and punische Ministers that should deboord in this kynd, least we should seeme to derogat any thing from the due respect acknowledged justlie to his Majesties Soveraignitie, it seemes expedient that the Assemblie should now testifie their respect to his Majestie by making of ane Act, that no Minister preache rashlie of anything concerning auctoritie, and an Act for censuring all such as shall transgresse.
The Commissioner answered—I believe there is none that heares your Lordships proposition, but they take it to come from a noble heart; and if I should thinke otherwayes, I were not worthie to sitt here. How farr the Constitutions of the Kirk will warrand yow to goe on in censuring such thinges I know not. But I believe you intend not to exclude the civile magistrat from punishing of such thinges.
The Moderatour answered—We are so farr from that, that we are content to be the first tryers of these thinges, that we may make schort worke for the civile magistrat.
The Commissioner said—I will not exclude Presbitries, Synods, &c., from censuring ecclesiastick persones: but I shall not be of the opinion of some that thinke that frae ance the goune and coull be putt on, they have no more adoe with the civile magistrat.
The Moderatour said—Farr be it from us to thinke so: that opinion is papisticall; but for ws, we make it a poynt of religion to be subject to our Prince.
Boneymoons Bill for erecting of a new Kirk distinct from the Kirk of Brechin, being read and the reasons of both being read, the Assembly grants the said Bonymoone his desire, without prejudice of any parties civile right, which they reserve to any judge competent.
Bruntilands Supplication delayed.
The Earle of Athols Supplication for dismembering of Glenlyon from the Church of Forthingall, remitt to the Commission from [for] the Parliament.
The Committie for the Billes ordained to referre or delay the rest of the Billes of lesse importance, and not trouble the Assemblie, for shortnes of tyme.
These that were appoynted yesterday to meit wᵗ the Commissioners Grace, desired to attend his Grace after the dissolving of the Assemblie, with Auldbarr, John Smith, and Mr Robert Barclay to attend with them.
The Committie for the Declaration appoynted, to give in their diligence the morne. The Assemblie to meit to morrow at 9 a clocke.
Sess. 21.—August 29, Thursday, hora nona.
After in calling upon the name of God, the Moderatour said—The Assemblie doth long greatlie to heare your Graces mynd concerning the mayne point that yet remaines, that we all, who are ane people in ane Kingdome, may be of ane heart in ane Covenant.
The Commissioner answered—We met yesterday about that purpose; and I hope we have made that happie progresse. We have considered of the Covenant, which is a great worke, wherein our Master conceaves our religion and his honour may concerne it; and if it be well thought upon, both the matter and forme is no lesse then may be expected from good subjects and good Christians. Having taken this to our consideration, being satisfied both for the matter and forme of it, and after many overtures how we might accommodat matters to the contentment of all, to wit, that we should follow a precedent of former tymes, that, as the Assemblie hath gone on in former tymes, sae we may now; and I trust this shall reconcile all.
The Commissioners Grace sought libertie to depart, to the end he might conferre with the Councell against the afternoone, of the best way how to accommodat the matter.
It was complained by some, that by the reason of the great tumult they could not heare the purpose.
The Moderatour, after he had exhorted them to order, quyetnes, and gravitie, said—The matter is anent the Covenant—that there may be a common course for the subscription of the same by all the subjects within this Kingdome, and that by ecclesiasticall and civill auctoritie. The way of the doing of this it’s thought fittest that it be the same that was used in the year 1590, wherein the Generall Assemblie sett downe the Confession of Faith with the Band, and gave in a Supplication to the Councell that they might joyne their civill sanction thereunto, and ordained the same to be subscryved by all the leidges; lykeas they by their ecclesiastick auctoritie, commanded the same to be subscryved under all ecclesiastick censure. The same course is now to be taken. This Assemblie is to supplicat his Majesties Commissioner and Councell, desiring them by Act of Councell to ratifie our Covenant, and enjoyne it upon all the subjects; and thereafter the Assembly themselves is injoyned under the ecclesiastick censures, and to supplicat the Parliament, that both their oune Act and the Act of Councell may be ratified there; and so there is no alteration to be of the Covenant, but the whole Covenant, totum compositum, to be subscryved; only this, the Commissioners Grace will adde a Declaration before his subscription, that the Kings Majestie having receaved satisfaction of his subjects that they intended nothing but the preservation of religion and mantainance of his auctoritie, therefore he subscryves; and the Counsell also, according to the declaration of the Assemblie, and his Grace is now gone to consider of this. The Moderatour desired some of the brethren to give their judgement of this course.
Mr Hary Rollock answered—I thinke all men that heares of it rejoyces at it, and I thinke it is as much as we could hope for: yea, we scarce expected such good newes as to heare that our Covenant should be confirmed by all sanction, civill and ecclesiasticall; and I thinke nane that hes heard it but they are sending up their heart secreatlie to praise the Lord for it.
Mr Andro Ramsay, Mr Andro Cant, and divers of the Brethren, spacke to the same effect.
Those that were appoynted for the Manifesto Booke [Large Declaration] were desired to goe presentlie foorth of the Assemblie, and prepaire their diligence against the afternoone.
Anent the Report of the Committie appointed to consider of the Decreit given out by the Commissioners of the last Assemblie, for Visitation of the Colledge of Aberdeene, concerning Mr James Sandilands: They fand that the intention of the Commissioners was only to discharge him to teache anything in the profession of the Canoun law which was not agrieable to our religion and profession, and therefore thought it meit that he should enjoy the said office, with the emoluments for his mantainance, but upon the foresaid condition.
The Supplications of Mr David Foules, Mr Hary Pearsone, Mr Robert MᶜLellane, being read: Becaus it was testified by these that were at the Synods where they were depoised, that there were many grosse thinges proven against them which they had not confessed in their Supplications; therefore remitts unto the Synod, conforme to the Act made yesterday.
Mr David Lindsey gave in above the number of 40 particular Billes, which the Committie had cognosced upon; referred, delayed, or granted as the Assemblie had given them direction yesterday; which are not neidfull heir to insert.
The Acts of the Assemblie ratified, against Salmond Fisching on the Sabboth, upon a Supplication of Johne Forbes of Leslie.
The Assemblie to meet at 2 a clocke in the afternoone.
Sess. 22.—Hora quarta.
After in calling upon the name of God, the Moderatour desired the Commissioners Grace to show to the Assemblie the cause of their so long stay, or command some other to doe it.
The Commissioner answered:—The reason of our so long stay and treatie all this tyme, is to draw this matter to a good conclusion; and now, blest be God, it is neare a poynt; for, as concerning the Covenant, we are agried both in the matter and forme, and there rests nothing but the drawing up of it in ane Act; and this is a matter of great weight, and I hope this Assembly shall thinke it a good conclusione to see this the last Act of the Assembly, tho’ it take some tyme for the doing of it.
The Moderatour having repeated the Commissioner his speach to the Assemblie, did signifie to them, becaus this greate worke could not be endit this night, the Commissioners Grace had condiscendit to delay the ryding of the Parliament till Saterday, and the Assemblie to conveine againe tomorrow, and then to conclude.
A number of particular Billes were given in to the Assemblie, not needfull to be insert, such as the Supplications of Mr George Diserff [Sidserff?] Mr Thomas Carmichael, Mr Wᵐ Rollock, Mr Henry Pearsone, Mr Francis Harvie, Doctor Andro Lawmond, are [referred] to the Synods. Some uther particular Billes, anent the uniting or disuniting of Kirkes, or of Kirkes from Presbitries and Provincialls, referred to the Parliament.
A Bill, presented in name of the Laird of Kilcherron, being excommunicat by Mr James Bonar, for his contempt and railling against the Covenant, for his disobedience, supplicating for liberation from that sentence—referred to the Synod.
The Overtures read over againe.
Becaus the Members of the Assemblie desired to heare the Supplication that was to be given in to the Commissioner and Counsell, therefore it was thought good that the whole Assemblie should conveine at 8 a clocke, to heare the Supplication read, and the Commissioners Grace to come at 9, because he behooved to be in the Counsell.