Then Mr George Grahame, pretendit Bishop of Orkney, was called on, and his proces red, and probatione thereof. After the reading thereof,
The Moderatour said—Ye see what he hath committed against all the Caveats, and what tyrranicall usurpation he hath exercised above the ministrie, and many uther particulars which ye heare in the proces; and, notwithstanding of all this, he hath be his letter offered a kynd of submission to the Assembly, in saying, if God spair his lyfe, he will be readie to doe and answer whatever the Assembly shall impose and requyre; and, lykewayes, he hes not subscryved the declinatour, and, therefore, it would seeme that he deserves not such a sentence as some uthers.
Mr Walter Stewart objected that there was nothing in his letter which could import a formall submission; but was rather to be understood of his intention to answer to what was to be layed against him.
It was answered by my Lord Lowdoun, that it was a materiall submission, howbeit not formall; and to this answer the Assembly applaudit.
Furthermore, Mr Walter Stewart declaired, that he had gotten information, under the clerks hand writt of Leith, that there was a gentlewoman there present delivered of a childe, and she declaired that Mr Patrick Oliphant, minister at Scheitland, sister sone to the forsaid Bishop, was father to the chyld, and this the Bishop knew before Lambes, and, notwithstanding, tooke no order therewith.
Then the Moderatour answered—Whither or not the pretendit Bishop of Orkney, (not having subscryved the declinatour, and given in a materiall submission to this Generall Assembly,) should be deposed, or have any further censure? To the which, after calling of the rolles, the Assemblie did agree; and, farder, if he did continow obstinat, he should be excommunicat.
[Bishop of Murray.]
Then there was given in a proces against Mr John Guthrie, pretendit Bishop of Murray, wherein it was found that he had transgressed all the Caveats. It was objected that the Assembly could not proceed against him, in respect he was not personallie summondit. The clerk answered that he had summonded him at the Kirk of Edinburgh and Leith, the ordinarie places of citatione in ecclesiasticall causes. 2ᵈˡⁱᵉ, That he was personallie summonded; but the executions of the summonds was not produced; 3ᵈˡⁱᵉ, It was answered, that the 2 Caveats obleissed every ane of them to compeir before everie Assemblie, to make accompt of their doings; 4, That the protestatione was sufficient, protesting that it might be instead of summonds for them.
Mr Androw Cant said that he knew him to be a common ryder on the Sabbath day, and lykewayes that he was a prettie dancer, as Mr Thomas Abernethie can testifie. At his daughters brydell, he danced in his shirt. Lykewayes, Mr Androw said, that he conveyed some gentlewoman to a chappell, to make a pennance, all hair footed. This Mr Thomas Abernethie declaired to be of trueth.
Mr Frederick Carmichaell said, that the Bishop being, by occasion, ryding from the church on the Sunday morning, he was desyred to stay all the night, becaus it was the Sabbath day. He answered, he would borrow that piece of the day from God, and be as good to him some uther gate.