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?