The Moderator, Mr Ja. Wood, and Mr D. Dickson, said, that they might modifie and molify their own act—yea, repeal it, if need wer.
The Lord Commissioner said, they might repeal the act; but seeing the Act was standing, he saw not how it could be passed by.
The Moderator answered, that they knew quhat to doe with their own Acts, (this was by way of a nipp;) and they quho could repeall the Acts could modify the execution of the Acts, and yet not repeal the same.
The Commissioner said also, that the Protestation was reflecting on King and Parliament, as weel as upon the Assembly, and desired that to be taken heed to. So that it was the drift of the discourse of many to have some of them at least summarly excommunicat; but observe that we could not see that act for summar excommunication; only there was ane act Assembly ’38, that the Bishop of Edinʳ, in regard he had declined the Assembly, should be excommunicat summarly, according to former Acts of Assemblies, quhich they said wer among the registers of the Kirk.
The Moderator proponed that the matter of censure was not the present question; but he revived the former motion, whether all or only some of them should be cited? And he said that the Committy thought fitt that 3 should be cited. Mr Ja. Guthry, Mr P. Gillespy, Mr Ja. Simson. But others said ther wer others that wer cheife actors in that wickedness quho should also be cited, viz. Mr Ja. Naismith, Mr Jo. Menzies; and some opposed this, soe that it run to a vote, whither all these 5 or not should be cited? It carried that all the 5 should be cited; only there wer some quho thought that they should have been more amicably dealt with in regard these men walked upon point of conscience; therefore these few, viz., Mr Jo. Dickson, Mr Robᵗ Fergison, Mr Ja. Nisbit, Mr Alexʳ Gordon, (the author,) Mr Charles Archbald, Mr Alexʳ Smith, Capt. Robᵗ MᶜClellan, and noe others of all the members of the Assembly voted that they wer not clear for the citation of any of the members at all, quhich was very strangely looked on by the most present.
Speaking of Mr Ja. Naismith, whether he should be cited, Eng. Pittillo answered, Mr Ja. Naismith had been active in drawing aside the Presbitry of Dunkeld.
Mr Tho. Lundy answered, that these Ministers of Dunkeld wer dissatisfyed upon other grounds, even upon the point of conscience, and not upon the relation of affinity that Mr Naismith had to these unsatisfyed bretheren. This being passed, the day of their compearance was appointed the last day of July, before the Assembly. A fast was appointed to be keept by the Members of the Assembly the following Lord’s day.
Sess. 9.—July 24.
There came a Letter from the Commissioners of Stranrauer excusing their absence, and shewing that they assented to the publick resolutions. The Moderator proposed that, seing the examination of the procedure of the Commission was ready, the Assembly would fall upon that, and desired that evry man might have full liberty to speak his mind and not be derided and mocked, quhich was a thing too much in custome; for he remarked a passage in Mr Carstairs’ Letter, supposing that there wer men that sate in this Assembly quhich in former times durst not mutter, quhich, said he, doth evidently declare the insolence and dominering of these men. But he desired that the Assembly might doe otherwise, and even though possibly the reasons of opposers were to small purpose, yet that they might be patiently heard. After that the Moderator proponed, that seeing they were to fall upon the examination of the proceedings of the Commission, that they would chuse a new Moderator; and it was ordered that every one should name one as they pleased; soe it fell on Mr R. Baily—after quhich all the members of the precedent Commission wer removed and their power and authority read.