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.