Yoe know there was two sorts of accusationes given in against them. The ane was generall, and that was the breach of the Caveats that was put upon them to keepe them. The Moderatour said—The uther was particular faults against them. Let us first examine the generall, and be very exact in it becaus the examination of ane is a rule of the rest.
There was the Complaint against the Bishop of Sᵗ Androwes red, and it was found that he had sworne the Caveats at his admission to the Bishoprick of Glasgow, bot he had not subscryved as the first Caveats requyres.
Mr John Livingstone said—That his father declaired to him that he was present at the Bishops admission, and heard him swear; and a little thereafter he went to Court, and, being reproved by King James for swearing of the Caveats, he purchased a testificat from the Presbitrie of Glasgow that he had not sworne and subscryved, quhilk was true, being tane conjunctim; whereas he was adstricted to doe nothing in Parliament to the prejudice of the libertie of the Kirk, but by warrant from the Kirk. It was found that he had divers tymes voited in Parliament to the prejudice of the Kirks libertie, but never had a warrant from the Kirk, quhilk poynts wer notour to the whole Assembly, and declaired by Rothes, Eglintoun, Lowdoun, Mr Robert Blair, Mr David Dalgleische, Mr Joⁿ Grahame, Mr James Martine, and Mr James Sibbald, to be most true.
Moderatour said—Since the Kirk of Scotland, who should have given him a warrant, is heir, and declaires he had none from them; and, lykewayes, since he compeires not to shaw his warrant, it is cleare he never had any. It was also found that he had sett tacks, and sold patronages to the prejudice of the Kirk; and diverse noblemen declaired that he had sold patronages to them, and they said they tooke their pennyworthe of him.
Lowdoun and the Laird of Blair, Provest [of] Dunbarton, and Mr George Young, wer taken sworne to declaire to the Committie what they knew in this particular.
Whereas the fyft Caution requires residence with their flocke, to be present at their Presbitries, the Contrair was notour to all the Assembly; and the Moderatour declaired that this 20 year he heard not 3 exercises in their Presbitrie.
The 6 and 7 Cautions were more manifest to the whole Assembly. The breach of the 8 is evident by their declinatour, whereas they call themselves “the Representative Kirk.”
Lowdoun declaired—That when our Petitions were framed and given in to Counsell, the pretendit Bishop rejected it, becaus it bure, “in the name of the Kirk and Clergie joyning with the Nobles, Gentlemen,” &c. The Bishop of Sᵗ Androwes answered, “Whom call ye the Kirk? A number of baggage Ministers, worthie to be banished; ye shall understand that we are the Kirk.”
This James Cochrane witnessed also; and Mr James Bonar declaired that in a Convention of Bishops at Leith, he heard them say these words: “They say that they are the Kirk, but we are the Kirk, and it shall be so; who will say the contrare?”
[Process against John Crichtoun.]