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.