Records of the Kirk of Scotland / containing the Acts and Proceedings of the General Assemblies from 1638 downwards, as authenticated by the clerks of assembly.

by Church of Scotland. General Assembly

The session on Thursday was spent on the nomination of the committees. In all prior assemblies, some few of us met the night before the assembly in Wariston’s chamber, with Argyle, the Chancellor, and some others of our chief and wisest friends, to consider about chusing the moderator, committees, and chief points of the assembly. This preparation was now necessarily omitted to our hurt. Argyle and the Chancellor were both absent in their own houses, to eschew the subscription of the bond of maintenance. Wariston did not appear, not only for that cause, but also lest he should have been pressed to have pleaded against the ministers; for the eight ministers present at Mauchline muir were summoned to answer as raisers of the tumult. Mr William Guthrie, Mr Matthew Mowat, and Mr Thomas Wylie, were dissuaded to appear. Mr Gabriel Maxwell, Mr John Nevo, Mr William Adair, Mr Alexander Blair, appeared, and under their hand protested, that, directly nor indirectly, they had persuaded the people to meet there that day. When for divers weeks they had been put off from day to day, they were at last dismissed to a new citation. Always the good advocate being resolved in his mind, if he had been put to it, to have pleaded for the ministers, and not against them, was, with much ado, moved by his friends to lurk for some time till the storm went over.

The want of these private preparatory meetings, which the moderator’s health permitted him not to attend, did make our assembly needlessly long, and very tedious; for besides that the moderator’s way of inquiring at so many before every voice, was not for dispatch, his unacquaintance with the affairs of the committees before they came to the face of the assembly, made the reports unripe and unadvised and so oft needful after much debate in the assembly, to be recommitted. The committee of prime importance was that of publick affairs. Upon this the prime men were put; but so mixed, that the far most part were of the most rigid dispositions. When Mr Robert Ramsay, and some others, were moved to be added to the moderator’s list of this committee, it was peremptorily refused, upon this pretence, that he was upon another committee. By this means, were got out of that meeting whoever the moderator pleased, and on it whom he would.

For examination of the proceedings of the late commission, Mr John Moncrieff, Mr John Row, and some who had not before been commissioners, were named. Upon the fear, that they who had corrupted the parliament, should have been alike active to have procured commissioners to our assembly conform to their minds, it was carefully provided, that in all presbyteries they should be chosen who were most zealous for the covenant, and for the proceedings of the commission of the kirk, and for the maintenance thereof: so this assembly did consist of such whose minds carried them most against the present engagement, which was the great and only question for the time. The ruling elders were, Cassils, Lothian, Balmerino, Coupar, Torphichen, Kirkcudbright, Angus, Creigh, Moncrieff, Netherpollock, &c. Southesk and Loure were also commissioners; but Loure appeared not, and Southesk finding himself put on a mean committee, appeared no more. The chief contest betwixt us and the committee of estates, was like to be about the work of this committee for the commission-book. They sent in Glencairn to desire us to delay to approve the proceedings thereof, till they had prepared their considerations against them. The custom of the assembly, according to prior acts, was to examine with the first, acts of the commission of the preceding assembly. The exceptions the state took at their proceedings were such as made their persons incapable to voice in the assembly till they were cleared. Now the men were a great and chief part of this assembly; also the matter in question, the engagement, was of a great concernment, and had for many months been in agitation betwixt the church and state; so that long time needed not to set down any thing concerning it. So soon, therefore, as the report of that committee was ready, it was thought meet, without longer delay than a night or two, to receive and vote it. All without a contrary vote was approven. This angered our statesmen, and made them see, that all hope to make the assembly divert from the way of the former commission, was desperate.

The first ten or twelve days we had but one session in the day, the afternoon being given to the committees to prepare work for the assembly. In our committee for publick affairs, at our first meeting, I found more work cut out, and put in other hands, than I well liked. I agreed we should go on as far as the commission of the church had done against the engagement; but I wished no farther progress; yet it was proponed, and carried, to make a new publick declaration against it; yea, to have a declaration to England for the same effect. The drawing of these was committed to a subcommittee of six, whereof I was glad to be none; but I was not content, when, to Mess. David Calderwood, Robert Ker, John Smith, were joined Mess. James Guthrie, John Livingston, John Maclelland, Robert Blair, and David Dickson, who were afterwards added; and I was required to be added, but peremptorily refused; for my mind was not very forward for the writs they were to draw.

Friday and Saturday were spent on trying the commissions. Those of the presbyteries of Dunse and Chirnside were rejected; the one had chosen Mr Samuel Douglas moderator, the same day that a complaint of him had come to them from the commission of the church, for his never appearing there but once, and that to dissent from the church’s declaration against the engagement. The other presbytery’s commission was rejected, because they had put in a ruling elder, who had entered a written protestation in the presbytery against the causes of the late fast, relating to the late engagement. The disaffection of these two presbyteries was much spoken of; therefore it was thought fit to appoint a visitation, consisting of the most zealous brethren of Edinburgh, Lothian, and the Merse, to cognosce and censure their carriage as they found cause. The like course was taken with the presbyteries of Stirling and Dunkeld. They had not been exact enough in trying the alledged malignancy of one of their number. This occasioned a visitation of them likewise. Mr Harry Guthrie, a very bold man, but in this and the late assemblies very quiet, gave in a petition against this course; but rather than to make din in vain, took it up again. In our committee we had, these days, some reasonings about the commissions from boroughs: none of us were much for the things but all for tolerating of them, for fear of offending the boroughs at this time; only the commission of Edinburgh was thought to be wrong; but none offered themselves for that town. The discord betwixt their magistrates and ministers was much more than I desired to see. Their spleen against one or two of their ministers was great. The wilfulness of some rash men to have Sir John Smith out of his place has cost us dear. Since they have got the magistracy of that town, who, to their power, have carried all things there to the mind of those whom we little affected, one of their great cares has been, to keep their kirks rather vacant, than to plant them with any whom they liked not. In chusing of ministers and commissioners they took a new way. Their commissioners for the assembly they named in their town-council; also, as patrons, they elected their ministers there. They were content to propone the men elected, to the session of that church where they were to serve, but to no other. Much debate there was with them in a committee appointed for that end; but the result was, that the commissioners elected in their council should have the consent of their great session, which is their six sessions joined; also the ministers whom, as patrons, they name in the council, shall have the consent of the six sessions before they be presented to the presbytery; and in regard of their neglect to supply their vacant places, now of a long time, the assembly did vote six, whom they recommended to the great session to chuse four of them, and to obtain their orderly transportations from the commission of the church. The men were, Mess. John Maclellan, George Hucheson, Hugh Mackell, James Ferguson, James Naesmith, and Robert Trail. All this has added to the town of Edinburgh’s offence, and is thought will not further the plantation of their vacant places.

One of the assembly’s committees I have ever been against, tho’ yet without fruit. The city of Edinburgh is supplied with the ablest men of the kingdom; their chief service should be in assembly time. The custom ever has been, that so long as the assembly sits, all these men are idle, and all their kirks must be provided by members of the assembly. This makes many weak and ill-accommodated country preachers fill these eminent places, at most considerable times. This made the pulpits of Edinburgh be provided for on the Sundays, and week thereafter, worse than needed.

On Monday always we have the forenoon free, because many go out on the Sunday to the churches about. That time I spent in a meeting with the universities, and got them to meet twice or thrice more, where we debated, and concluded the most part of the overtures, whereof you have here a double.

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The three or four next sessions were spent much of them in votes and debates upon papers betwixt us and the states. Glencairn and others presented to us a petition from the Duke and the army for ministers, which they seconded. Likewise they offered all the security for religion they were able: and for removing the present differences they required a conference with us. To all these they required a present answer; at least before we past on the trial, in order to the approbation of the commission’s books, against which they professed they had divers new exceptions. To all these we gave answers in writ. The proceedings of the commission were unanimously approven; a conference was appointed; eight ministers named, and some elders; the army’s letter was referred to our committee. The state neglected the conference, since we had approven the proceedings of the commission, and had resolved, that no security to religion was possible so long as the engagement did stand; only they met once for a fashion, and gave in a paper, craving scripture from us for the unlawfulness of the engagement, and our meddling with matters of war and peace. This paper was referred to our committee. In an afternoon some few of us met, and set down our scriptural grounds for both these points; but thought fit to put them in the declaration rather than in a several paper.

Mr R. Blair and Mr J. Smith were willing to draw the declaration, lest it should fall in Mr James Guthrie’s brisk hand. I obtested Mr Blair, that he would be careful of two things; one, to be full against the sectaries; another, to beware that his draught carried any thing which, directly or indirectly, might carry us to a resistance of the state. I knew, that the most of the leading men thought a resistance by arms to the ways in hand lawful enough, if the dissenters in parliament, or any considerable part of the kingdom, had courage and probable force to act; but it was my greatest care, that nothing might bear any such thing; and this I obtained to my great contentment. There were two points somewhat akin to this that I obtained also, but with much difficulty. Sundry at divers times moved to have it determined, if it was lawful to pay any monthly maintenance, since avowedly it was pressed for the use of the army, which was unlawful. I avowed the lawfulness of it, as of a tribute agreed upon by the state before this army was in being; and that Cæsar in conscience must have his tribute, let him employ it to what uses he thinks fit. Also, if this were refused, the excise, the portion of annualrents, and all other dues, which were employed for the service of the army, behoved to be denied; which could not but make the state to take it by force, and the people to fight against their spoilers. At last we agreed to lay the question aside. It was likewise much pressed, that such as had been active for the engagement should be kept from the holy table; and, as I did think, the design of some was to have our statesmen put under church-censures for their diligence in this engagement. My mind in this you have in a paper here by itself. I got it, by much speech and private dealing, carried according to my mind. But other things were carried over my head. It was moved, for the farther clearing of the wickedness of the war, to make a collection from the commissioners of all the presbyteries of the chief insolencies committed by the soldiers before they went from among us, and to put these in our declaration. I was willing they should be collected to be complained of both to church and state, and censured by both so severely as possible; but was averse to have them registrated, for the infamy of the very nation, into our publick declaration. In this I was not heard. Also, when it was pressed that ministers silent, who did not preach against the engagement, should for this be deposed, I wished, if men were modest, and otherwise offended not, that this fault might carry no more but a rebuke; but not only it was made deposition, but, by the motion of two or three men at most, it was carried against my mind, and of divers others, that the prior acts against deposed ministers for malignancy should be made more strait: 1. That none of them should be ever admitted to any church whence a man for malignancy was deposed; but also, that they should be kept from preaching till a general assembly did find them fit for a church; also, if after their deposition they meddled with any part of the stipend or glebe, it should be excommunication to them. It was pressed by some, that the not paying of the stipend to the next intrant, should be excommunication to the patrons or tenants, who, upon the act of parliament, paid it to him who was deposed for adhering to the state. This was hardly got avoided.