The Tryell of the Commissions.
After this the Assembly proceidit to the tryell and examination of the Commissions; and the Moderatour desyred that if the Commissioner his Grace, or any Member of the Assembly had anything to object against the validitie or formalitie of the Commissions, that they would make declaration of the same.
[Commissioner] answered—I believe I shall be glad that there shall be few contrare opinions—yea, few contests anent the election of Commissioners at this tyme, and such is my gracious Masters desyre to have everie thing caried in a fair, calm, and peaceable way at this Assembly; for all his commands runnes thus, that in anything that should concerne him, I should give good example and begin, so that though I might object severall informalities, yet so desyrous is our Master of peace, that I only remonstrat it to yow to take it to your consideration. And for me, surely it shall be a very great informalitie which shall make me interrupt so good a worke.
The Moderatour said—We are glad to heare from your Grace expressions of peaceable intentions; yet becaus something of that kinde may reflex upon our proceeding, therefore we should be glad to heare your Grace name these exceptions; for we desyre not to be pardoned in a thing wherein we may be mended; if there be reason to approve them, let them be approven; and if there be reason to cast them, let them be casten.
The Commissioner said—I conceave there are grounds to cast elections—as, for example, I conceave that, in the choosing of Commissioners from Presbitries or Presbitrie, if it appeare that there have been moe Lay Elders then Ministers, I should not think it formall. Secondlie, if there be a Commissioner chosen where he never had his residence, and, consequentlie, where he is not ane Elder, I thinke it not formall. Thirdly, if any man be chosen Lay Elder, and yet not chosen Commissioner from that place where he is Elder, I think it not formall. Fourthlie, if a man be chosen laick Elder in ane place, and after reside in another place and be chosen there, I thinke that not formall. Fifthlie, if a man be a rebell and at the Kings horne, I cannot thinke his electione formall. These and many other of this kynde doe I represent unto your consideratione.
The Moderatour answered—Please your Grace: It wer a spending of lang tyme to dispute the question in generall. But if it please your Grace, either by yourselfe or by any other, to nominat these Commissioners against whom the exception is, and in their persone to dispute the question, and so either admit them upon reason or reject them upon reason; ffor we professe we will tollerat no man against whom there is a just exception wherefore he should not heare be a Commissioner: therefore, when it comes to the particular, let the exception be nominat, and it shall be purged some way or els the man removed: therefore, if there be any within this house who hes any thing to object against the formalitie of the election of Commissioners, let them declair the same; utherwayes we will hold our silence for ane approbation of all.
After the Commissioners wer approven by the whole Assembly,
The Moderatour said—The Assemblie is now constitut and the Members found perfyte: The Lord give a blessing unto it! Therefore, if your Grace have any thing to say, it is now a fullie constitut Assembly, and the Judicatorie sett.
The Commissioner answered—I did not expect so great expedition; but I am glad that yow take to your wise consideration all meanes that may facilitat so good a worke; and since, as I was saying, in generall I am to communicat his Majesties mynd to this Assembly, which I hope shall give satisfactione to all, I must first communicat to some in privat, that so it may be the better digested for publict audience; therefore I desire that any thing materiall may be forborne this day, and that if there be any matter of lesse importance, they may now be dispatched. To the which the Assembly acquiesced.
The Moderatour craved, that, in respect he was put upon the toppe of the bussinesse, and made the mouthe of the Assembly, that whatsoever might contribute to the good of the worke, they would not only all be willing in generall but in speciall, to communicat to his assistance as a servant of the house, and, for that end, that libertie might be granted to him to joyne some assessours to himselfe, as, namely, the Earles Argyle, Rothes, Eglintoun, Montrois, my Lord Lowdoun: Ministers—Mr Alexʳ Henrysone, Androw Ramsay, Harry Rollock, John Ker, David Lindsay, Robert Douglas, William Livingstone: Commissioners or laick Elders—the Lairds of Haughtone, Moncreiff, Auldbarre, Wedderburne.