The Moderatour said—That on the back of the Commission is only accidentall, and I shall cleir it by ane supposition. There is ane evident given in before the Lords of Session, and on the back thereof there is ane compt written on some privat bussineese of the owner of it. Shall the Lords of Session, or the Clerk, be obliged to give out ane extract of the mans compt? No more can the Assembly or Clerk give out ane extract of that which no wayes belongs to them.
My Lord Forbes said—The ingiver hes power to eike, paire, or draw back at his pleasure, and such Commissions that are contravened are referred to ane vther day.
Mr David Dick said, Let the Ingiver of the Commission be asked, whether that on the back of it serves for approvation of his Commission or not? for, if it be only a probation of it, then that which is on the back should not be read till the time of probation, and for the tyme, only a copy of the Commission may be craved.
The Comʳ asked the voits of the Assembly whether or not a copie of all should be granted.
My Lord Lowdoun answered, that there could be no voiting till the Assembly be established; but so soone as it shall be established, it shall be granted.
Then, said the Comʳ, I take Instruments that such a Commission was given in to be read, on the back whereof there is a written declaration of the lawfulness of the election of the Commissioners of Brechin, and desires it may be keeped in the Clerks hands.
The Moderatour regrated much that the weightie and grave matters of the Assembly should be thus deleyed, and said that it had been better to have wanted all the Commissioners from Brechin; quhereat
Southeske cappit and unreverentlie replyed to the Moderatour, that he wronged them that wronged not him, and whom he had no reason to wrong.
The Moderatour answered—That what he did speake was within the bounds of reason, and he would be answerable for it to the Assembly; neither would [he] have expected from his Lordship such an undeserved censure.
Lowdoun answered—That it was ane great wrong that the Moderatour should be upbraided by any for preferring the publict weill, and the effaires of the Assembly to any mans particular.