Report of Proceedings OF THE GENERAL ASSEMBLY AT GLASGOW, 1638. (continued 2)

Then the Clerk tooke and red it, and it containes a discharging of the Service Booke, Booke of Cannons, High Commission; ordaines the 5 articles of Perth to be no more urged, and gives libertie to the present Assembly to represent their judgment of these articles to the next ensueing Parliament; and that no oath be taken of ministers but that which is insert in the Act of Parliament. It promises Generall Assemblies to be indicted als oft as shall be found expedient. It showes that his Majestie is content that the bishops be censured be the Generall Assembly, and that he intends no change of Religion. It hath a command to subscryve the Covenant and band made 1580 and repeited 1589. After the reading of it,

The Commissioner said—Now, I hope all these to all aspersions, anent change of religion, are declared to be unjust; so, if any change of religion had bein intendit, this Assembly had never been granted, nor yet these offers made unto yow. I am entrusted with a full commission for the preservation of religion, punishing of vyce, and to consider of all the just exceptions against the Bishops and Episcopacie, and have power to rectifie all the abuses of that office, so farr as that sort of government may still remaine in the Kirk, as government not contrare to the word of God; and anent the practice of this and uther churches, I have power to limite it so, that it shall not be able to wrong the church; and, if they wrong it, they shall be punished: yet, my commission is more ample than I will expresse. But, seeing I have not found that respect dew to ane Commissioner, and know what prejudicat opinion these here hes of me present, and, when I consider what directions were sent from the Tables of Conveiners of Meetings at Edinburgh to presbitries, be noblemen, gentlemen, ministers, and uthers, it gives me just occasion to declair, that I can give no consent to any thing that is heir done; and to cleare what I have said, I present heir two uther papers, ane sent from the Table at Edinburgh to presbitries, the uther from persons to their friends, and I desyre they may be red. I cannot designe the men who sent these papers; but sure I am these papers are sent, dispersed through the kingdome, and that mens proceedings are according to the directions of these papers; for there is not a Commissioner chosen but Covenanters, or, if any uther be, there is a protestation against him, or else they are chosen becaus none other could be found. I find, also, ane absolut resolution to mentaine the lawfulnes of the election of ley Elders, to voit here, and the election of ministers by ley Elders, and everie thing in this Assembly going on contrare to the practice of all former tymes and positive lawes of this kingdome: Therefore, I can acknowledge nothing to be heir done by the voit of such men. In the meane tyme, I desyre that this declaration of the Kings will, may be insert in the Bookes of the Assembly, as ane testimonie of his Majesties sinceritie in religion, and that he hath no intention of any change in Religion, and is readie to perform all that is here promised, and what further may conduce for the peace of the land, and especiallie, that Assemblies shall be indicted als oft as the affares of the Church shall requyre.

The Moderatour his Speach to the Commissioner his Grace.

It weell beseemeth us, his Majesties Subjects, conveened in this honorable Assembly, with all thankfullnes, to receave so ample a testimonie of his Majesties goodnes, and not to disesteeme of the smallest crumbes of comfort that falles unto us of his Majesties liberalitie. With our hearts doe we acknowledge before God, and with our mouth do we desyre to testifie to the world, how farr we think ourselves obleist to our dread Soveraigne; wishing that the secrete thoughts of our hearts, and the way wherein we have walked this tyme past, wer made manifest. It hath bein the glorie of the reformed Churches, and we accompt it our glorie after a speciall maner, to give unto Kings and Christian Magistrats, what belongs unto their places; and as we know the fifth command of the law to be a precept of the second table, so doe we acknowledge it to be the first of that kynd; and that nixt to pietie towards God, we are obleist unto loyaltie and obedience to our King. There is nothing due unto Kings and Princes, in matters ecclesiasticall, which, I trust, by this Assembly, shall be denyed unto our King: ffor, beside auctoritie and power in matters civill, to a Christian King belongeth, first, inspection over the affaires of the Kirk, et debet invigilare not only super ecclesiasticis sed super ecclesiastica: He watcheth not only over Kirkmen, but over Kirk matters. Secondly, The vindication of Religion doth also belong unto the King, for whom it is most propper, be his Majestie, to vindicat Religion from contempt and all abuses, he being keiper also of the first table of the law. Thirdlie, The functions, also, are in his Majesties hand, to confirme, be his royall auctoritie, the Constitutions of the Kirke, and to give them the strenth of a law. Fourth, His Majestie also hath the power of Correction: he both may and aught compell Kirkemen in the performance of their dueties which God requires of them. Fifthly, The Correction, also, must be from the Prince, who hath power from God to coerce and restraine them to his terrour and auctoritie, from what beseemeth not their places and callings. Sixth, The Christian Magistrat, also, hath power to convocat Assemblies, when they find that the urgent affaires of the Kirk doe call for them: and in Assemblies when [they] are conveened, his power is great, and his power aught to be heard—first, as he is a Christian, having the judgment of discretion in all matters debateable and contraverted; next, as he is King or Magistrat, he must have the judgment of his eminent place and high vocation, to discerne what concernes the Spirituall weill and Salvation of his Subjects: and, third, as a Magistrat singularlie gifted with more then ordinarlie, gifts of knowledge and auctoritie; and we heartilie acknowledge that your Grace, as his Majesties high Commissioner, and representing his Majesties Royall persone, hes a cheefe place in this reverend and honorable Assemblie—first, as a good Christian; next, as ye are his Majesties great Commissioner, and third, as ane endued with singular graces, and after a speciall manner, fittest for this employment. Far be it from us to deny any thing that is done to these who are in supreme auctoritie, or to such as are subordinat unto them and delegat be them. When Alexʳ the Great came to Jerusalem, he desyred that [an] Image might be sett up in the temple, which the Jewis modestlie refuised as inconsistent with the law, which was the law of God, but libertie offered in their power, and more honourable for the King, that they would begin the reckonings of the tymes from his coming to Jerusalem, and would call all the first borne sons be his name. What is Cæsars or what is ours, let it be given to Cæsar, but [let] the God by whom Kings reigne, have his owne place and prerogative—be whose grace our King reigneth and we pray may long and prosperouslie reigne over us.

The Commissioner said—Sir, ye have spoken as a good Christian and duetifull subject.

The Moderatour said—Indeed we take this to be a free assembly indicted be his Majesty, and we trust that all thinges in it shall be so moderat, that the word of God and reason shall seeme to proceed in everie thing, and that we shall not goe forward ane steppe, but as a clear light shall be holden out before us; and we trust to make it evident to all men that we cannot not darre not walke in ane uther way, and we are hopefull, that such a righteous King as ours is, needs nothing but to have a clear trueth pointed out before him, and when he sies it, he shall fall in love with it.

The Commissioner said—I am hopefull that ye will proceed so as ye are obledged by your oath of alleadgence, and I trust that all his commands shall be found to agrie with Gods commands.

The Moderatour said—It is our heartie wishe it be so; and we rander to his Majestie heartie thankes for this Assembly, and we trust that, be Gods assistance, in nothing shall we pas the bounds of a free Assembly.

My Lord Lowdoun eikit and said—As your Grace hath declaired his Majesties graceous pleasure, to the contentment of all the hearers, in condiscending to many points of the petitions of his subjects, for the which we heir rander, as the Moderatour hath said, heartie thankes; and we humblie desyre ane copy of the Prelats paper, conteining so many criminations against us, opposing this lawfull constitut Assembly, that we may consider it and censure it, and thereafter the giving of it, according to the word of God and Constitution of this Kirke, may cleare ourselves of all the imputations layd to our charge.

The Commissioner said—It hath a claus in it, as I remember, bearing registration; therefore ye may get it.

My Lord Lowdoun said—But we crave that we may have ane copie of it, with your Graces allowance, out of the Clerks hands.

The Commissioner said—I will not hinder yow to cleare yourself of any imputation layd to your charge; but I will not suffer yow to goe on in censureing the prelats as I wishe I might.

My Lord Lowdoun said—We trust that all our proceedings against them shall be found frie of partialitie.

The Moderatour said—As before I asked if the bookes and Acts were the rule whereby their faults should be censured, Sir, now I ask if this Assembly finds themselves competent judges to the Prelats?

The Commissioner answered—If they proceed in the censure of their persones and offices, I must remove myselfe.

The Moderatour said—A thousand tymes I wishe the contrare; and I intreat your Grace to heare the voites of this Assembly in this matter, seeing it belongs to the Assembly to be judge of their Constitutions.

The Commissioner said—I must not wrong myselfe, and much more the great bussinesse I am entrusted with, if I should argue the question with such a learned man as yow are; but I thinke it strange, notwithstanding the exceptions, documents, protestations, and declinatours usit be me in name of my Master and Lords of the Clergie, that they can take this matter to the consideration of the Assembly. Surely it is not the Bishops but the King ye have adoe with?

The Moderatour said—I must yet ask if this Assembly finds themselves competent Judges?

The Commissioner said—I wish that question mar be deferred this tyme.

The Moderatour said—It is only the fitt tyme to propone this, after the reading of the declinatour; and I am only a servand to this Assembly, and can doe nothing at myne owne hand.

The Commissioner said—I can tax your carriage in nothing you have done, as a wise and discreit Gentleman; but I see now that this Assembly hes determined to go on for all that can be said; therefore I may no longer keepe silence, but oppose myselfe unto it.

Rothes said—It seemes that the Commissioners Grace hath exceptiounes against this Assembly—for two reasons—first, becaus too many ruleing Elders have voice in it; to which I answer, there are no more nor are warrandit be the word of God, practice of uther Kirkes, and positive law of this Kirke; and if that any yet thinke that Elders should not have voice in this Assembly, alse free as any in former tymes, let them cleare it be good reason, for we are yet readie to dispute the matter. The uther exceptioun his Grace seemes to have against this Assembly is, that he thinkes partialitie will be used heir, and that matters are determined by us before hand, as his Grace hath laboured to cleare be his two papers that are red, which are said to come from the Tables at Edinburgh; but we deny these papers to be ours; and heir I produce the two verie true papers which came from us, which have no thing in them so absurd as is said to be.

The Commissioner said—I excepted not agᵗ your privat, but against your publict papers.

Rothes answered—There came no papers from ws but these two be me produced; and if any uthers there be, they are only the advice of privat men to their privat friends; and if any thing be worth the challenging in these papers, let the author of them answer for it. And now we crave and humblie entreat your Grace if there be any exceptiounes against our former proceedings, that they be declared; for we are verie hopefull to justifie all we have done to the full, and that we shall be able to defend all as warrantable: for we never intendit but to proceed according to the word of God and lawes of this Church and Kingdome.

The Commissioner said—Your refuiseing to give voit in this Assembly to the Kings Assessours, is enough to prove the contrare, if there were no more.

Rothes answered—Their voits is contrare to the Constitutions and liberties of this Kirke, and therefore our refuiseing must not be taken in evil pairt.

The Commissioner said—That the Kings Majestie hath bruiked the priviledge of having assessours to voit in Assembly these 50 yeares past, and why not in this Assembly, seeing our King hes showen such myldnes and benignes, and hath not uttered any angrie word since I came to this Kingdome?

Rothes replyed—As we acknowledge that he hath beene a good and graceous King, so whatsomever is competent to be done to such a King, shall be done by us, to witt, at his willing, obedience heartilie prayes and wishes that he may lang and prosperouslie reigne over us; and if we doe not so, let not Gods blessing be upon us. But we must so proceed as this free Assembly be not prejudged, nor the liberties of this Kirk impaired, seeing we must make answer to ane higher judge. If the privilege craved were in matters that were in our power, we would soone have yealded; but seeing they are not, I thinke we should be excused.

The Commissioner said—Seeing ye will not give to our King what was given be our predecessours, I cannot thinke ye will have that obedience ye speake of.

Rothes answered—Obey we will, in everie thing dew to his Majestie, be the word of God and lawes of this Kirk, and shall be readie to thrust out of doores all such as will be utherwayes. But if that which is now craved was given in former tymes, not by a right law but by a corrupt practice, and matters were caried utherwayes in his Majesties absence then they should when many moe corruptions, as now to be redressed, why not that amongst the rest?

The Commissioner said—It is enough for us to prove that he had Assessours.

My Lord Rothes said—Let your Grace say that he had be right, and we shall agrie to it.

Moderatour said—Thinkes your Grace of these worthie and Noble Lords that sitt by yow, that this is refuised out of any disobedience to our King, or disrespect to these Nobles, but from a respect to God and his Kirke, and these Commissions may verie weill agrie?

The Commissioner said—No man may thinke but our graceous King will mentaine the liberties of his Kirk in all heartie and sincere wayes as any of his predecessours, and thinke he nowayes intends to incrotche vpon the liberties of the Kirk at this tyme, but only to defend it from the oppression of over-ruleing Elders; and yet I tax no man—for I have no charge to that end; and if I had, I thinke I have a heart to execute my Masters Command as ane other Man. But our King, intending only the maintenance of the puritie of religion in a quyet maner; and, therefore, I desyre that nothing be put in practice in this Assembly by ley Elders, which hath beene so long out of practice. If these Elders should have beene pleased that this Assembly should have beene constitut, after the late ordinar maner, and than have comed in and claimed their right to sitt and voit here in a fair way, I thinke it would have beene granted; for what could conduce more to further a Kings end, and strengthen his auctoritie in ane Assembly, than that a number of wyse and learned laymen should have voit in it? But becaus he intendeth only the preservation of the puritie of religion, he cannot consent that ane Assembly should consist of such a great number of ignorant men, wanting abilitie to judge matters to be handlit heir, but desyred only that this Assembly may consist of the Churches owne pure Members, that so she may receave no prejudice heir.

Lowdoun said—I perceave the maine objection against the voiting of the Ruleing Elders is yet urged, and their ignorance to judge in matters that are to be handlit heir; therefore I offer heir to dispute, that the office of a Ruleing Elder is warranted by the word of God, practise of uther Kirkes, and lawes and practise of our owne Kirk, and referris the decision of the question to the Assembly as the only competent Judge. The question is alreadie dispute heir be Doctor Balcanquell, and it is grantit from the testimony of the Synod of Dort, that Elders have voit in matters of faith, and matters of discipline and order; and where it is objected that these Elders at the Synod of Dort were learned and judicious men, able to dispute and treate of the greatest matters in the Latine tongue, and these heir assembled are not such for the greater pairt, I answer, it is not alwayes men of the greater place and learning who bring foorth clearest light in matters that concerne religion. There are heir a number of Gentlemen and burgesses of the lowest sort, trained up at schooles and colledges, taught all the grounds of religion, and able to decerne trueth when it is pointed forth; therefore—seeing be the lawes and practice of this Kirke, such hath beene in use to voit before, and we have offered to dispute the matter yet more—referring the decision of the question to this Assembly, we hope there is enough said for clearing of our power.

The Commissioner said—It is hard for me to make answer for everie speach of such a number of learned and understanding men. But, as I remember, Doctor Balcanquell said not that the Elders of the Synod of Dort had voice in matters of faith.

My Lord Lowdoun answered—It is true the Doctor made a distinctione of more and les fundamental poyntes of faith. But that Synod did determine what was more fundamentall and what was less fundamentall poyntes of faith; and it is clearlie proven that the Elders had voit in all matters proponed their.

The Moderatour said to Doctor Balcanquell—Let the question be yet stated and agitat; for the question now in hand is not, whether the office of Ruleing Elders be warranted by the word of God—which I thinke none will deny—but the question is, whether the Elders, according to the Acts of Assembly and Customes of this Kirk, hes place to voice heir? And if ye, or any, will be pleased to conferre or dispute the question, we are ready for it. The Convocation House of England would not be content that any should say, “Your Church is not weill constitut;” far les can we heare it said to us; therefore we would be glad to heare what ye have to say in this question; and if the Commissioners Grace would stay, we trust he shall heare this and many uther questiones discussed.

My Lord Rothes said—The Commissioner seemes to take speciall notice of that expression which was in the Letters from Edinburgh, called the Tables; as if the Letters from these Tables did import a judicatorie; therefore I desyre to cleare it. When great numbers were conveined in Edinburgh from the sense of evills lying in this Kirk, and wer joyning together in putting up a supplication to the Lords of Counsell, my Lord Thesaurer taxed us for such numerous Convocations, quhilk as the Convocation was out of love to Religion, which seemed to be in hazard, and therefore everie man having onie particular interest, conveened: we answered, that such a Convocation behoved either to be, or Commissioners in their name; and your Grace desyred that when ye came to Edinburgh, that the toune might be emptied of such multitudes; and your Grace ordained that the schires should convene be their Commissioners: therefore, when the Commissioners from schyres and presbitries mett, and sett downe, what absurditie is in it, to call them so mett, “a Table,” seeing it is not called a Counsell Table, or a Judiciall Table, such as the Prelats called their Tables? If we called it a Judiciall Table, let us be hanged for it. A taylors table, sitting with his men sewing about it—so called a Table—or a company eating at such a mans table, there is no absurditie in the speache; and we did not call ourselves “The Tables,” but uthers gave it that name.

The Commissioner said—I except not much against the name of Table; neither have I spoken any thing in passion against it, albeit I be naturallie passionat; yet I thank God there hes not much passion escaped me heir. I have no caus of passion to heare these Meetings called a Table; for there is passion enough at my heart, that I find so much power at these Tables, and so little at the Counsell Table—for it is weill knowen, your positive Counsells are more regarded nor the Kings Counsell Table. But I forebeare to speake more. I could bring foorth many moe just causes and exceptions against your proceedings, but I know they will be to no end; for I feare your prejudged opinion of all that I can say.

My Lord Rothes desyred that his Grace would bring foorth any one instance wherein any had failed at that Table.

The commissioner said—Ye know that all the ordour from them hes been readilie obeyed, but little or nothing from the Counsell Table.

My Lord Rothes said—I know neither direction nor obedience given in any thing from that Table, but according to the word of God, and lawes of this Kirk and Kingdome.

The Commissioner said—I came not heir to recriminat, and therefore I pas it.

My Lord Rothes said—Please your Grace to heare the true directions from that Table; for, in trueth, I never heard of these given in be your Grace; and, when ours are read, we trust we shall be found to surrogat no auctoritie to ourselves.

The Moderatour said—If any good success come from these directions, it is to be imputed to God, and not to their auctoritie.

My Lord Lowdoun said—I would ask at your Grace, what are these directions from the Counsell Table, which have not gotten readie obedience from us? For I know none but such as could not be obeyed for conscience sake, and that cannot be compted disobedience.

The Commissioner said—I know that all my Masters Commands are justifiable, and such as good Christians should obey; and I thanke God for his righteous and clement heart.

My Lord Lowdoun said—We think that your Graces labours hes still turned matters to the better, and we pray it may be so still, till thir matters be at ane end.

The Moderatour said—I would ask the voits of the Tables, whether you thinke yourselfes a Nationall Assembly or not?

The Commissioner said—If I could patientlie continow, I should tell my opinion; but seeing now my loyaltie and faithfull discharge of my Commission is in hand, I must remove my persone; for my estate is not so deare to me as my reputation and fidelitie to my Master.

The Moderatour said—We only crave the renewing of your Graces former patience.

The Commissioner said—I cannot assist nor consent to any thing that is done heir, except ye adhere to that which ye have heard red, in the sealed paper; and still I protest that nothing done here may inferre his Majesties consent or myne, or yet oblidge any of his good subjects.

Rothes said—After many supplications were presented to his Grace, your Grace was imployed for satteling of matters, and we expected a happie conclusion when your Grace promised to deale for a free Assemblie; and, if any just exceptiones were against the Prelats persone or discharge of their office, it should be referred to the Assembly: And now the free Assembly is granted, and is fullie constitut. If your Grace, who is a cheafe Member of it, be protestation and deserting of it, labours to make this Assembly most unfree, it is more nor we expected. If your Grace hath any just exceptioun against our former proceedings, or doth feare that we shall not proceed in such a just maner as becomes us, we are readie to cleare our selves. In both we shall repell, or give satisfaction, for bygones, or for tyme to come—the law of God, and Constitution of this Kirke, shall be ane rule, as it hath beene hitherto.

The Commissioner said—I attest God, I have laboured as a good Christian, loyall subject, and kynd countryman, for the good of this Kirke, laying aside all privat considerations, as I shall answer to God; and, at my last going to Court, I said to some of my particular friends, that I should doe what in me lay for procureing a free Generall Assembly; and now a most free Generall Assembly hath beene procured and indicted: but things in it are so carried that it is like to be a most unfree Generall Assembly. For the reasons I have alreadie expressed, glad would I be to have it utherwayes, as there is nothing which, can be proponed, keeping my self within the bounds of my Commission and fidelitie to my Master, but I shall doe it; for I desyre to [serve] God, my King, and my Countrie. But a weightie burden is layd on the back of a sillie young man overcharged with a toilsome bussinesse, and unable to bring it to such ane end as I would.

Rothes said—And the present evils, and further inconvenients like to come by your Grace rysing, must be ane; and we protest that we are free of all: Therefore it must lye upon these unhappie men; they are the band of all the evils, and their source sends foorth all thir secrete suggestions and privat whisperings against Ruling Elders, is a chiefe cause of this.

The Commissioner said—But I heard these men sweare that, for procureing the peace of the Land, they were content to lay downe their offices and livings, and leave this Kingdome. I grant the offer is but small, for the Prince whom they serve can make it up another way.

The Moderatour said—I wische these men were more wise then to make themselves more odious to the land, by moving your Grace to leave this Assembly; for it is evidentlie seene by all, that they are the cause of your Grace rysing.

The Commissioner said—I grant the cause is be urging in of a declinatour and a protestation against lay Elders; but, truelie, they are free of this my declaration, now red in your hearing, which I desire to be insert in the bookes of the Assembly.

The Sheriff of Teviotdaile said—The paper your Grace craves to be insert, is full of grace and goodness, and the registration of that, proves the bookes to be an allowed Register, and the Assembly to be lawfull; and if your Grace hath protested against the auctoritie of these bookes, and lawfulnes of this Assembly, and will leave it as unlawfull, how disassenting are these?

The Commissioner replyed—Whenever I have assented, it shall stand good.

The Moderatour answered—Your Graces direction to registrat these papers in this, is ane acknowledgement that these bookes are good.

Mr David Dalgleishe said—I perceave, by your Graces speach and the Bishops paper, that they desyre to be cleared of these foule aspersions and imputations given in lybell against them. If, then, your Grace shall leave this Assembly, it is evident that they have the wyte of it, and have no will to be cleared, but would have all their challenges and imputations lye undiscussed.

The Commissioner answered—I am sure the Bishops desyres nothing more then to have a lawfull hearing before a judge free of partialitie; but no man will submitt himself to a judge whom he thinks his partie, as they think this Assembly to be.

Mr David Dalgleishe said—If I were in their case, and judged myselfe free of such imputations, I would submitt myselfe to the meanest subject of this kingdome, let be to such an honourable Assembly.

My Lord Lowdoun eikit—If they would declyne the judgment of ane nationall Assembly, I know not ane competent judgment seat for them but the King of Heaven; and, as for us, we sweare we have no personall prejudice at them: but in sua far as they have wranged the Church, the King, and Countrie, we desire they may be censured for it.

The Commissioner said—I stand to the Kings prerogative as Supreme Judge over all causes, civill and ecclesiasticall, to whom I think they may appeale, and not let the causes be reasoned heir.

My Lord Argyle desired the Assembly to heare him a little before his Grace should departe, and said—I was called to this Assembly by his Majestys command; but now, being come, I desyre to cleare myselfe, that my pairt hes bein fair in every thing that I know, neither as flatterer of the Kings Grace, nor for my own ends. I have not striven to blow the bellowes; but studied to keepe matters in als soft a temper as I could: and now I desyre to make it knowne to you, that I take you all for members of a lawfull Assembly, and honest countriemen. As this Assembly consists of members civill and ecclesiastic, I wishe that care may be had that this bodie may byde together, as ye all band yourselves by the late subscryved Confession of Faith; but I desyre that nothing be done in this Assembly to the wronging of that Confession subscryved by us of his Majesties Counsell, as if I had subscryved it with a mynd different from that which all had at the first making and subscryving of that Confession.

My Lord Lowdoun answered—Your Lordships protestation is very reasonable, seeing it is very scandalous that ane Confession should be subscryved be the Lords of his Majesties Counsell and Session, and ane uther be the bodie of the countrie, as if they were two different Confessions of Faith among the professours of ane religione in ane kingdome; therefore, it is earnestlie desyred of all, that the Confession of Faith be cleared, and a full explanation of all the heads and articles of it, that all may heartilie joyne in ane Religion, and duetifull obedience to our King, and that no slander goe abroad to uther nations.

The Commissioner said—What is done by warrand of auctoritie shall be cleared by the lawes of this Kirk and Kingdome, and wayes also shall be found to cleare his Majesties intention and will.

My Lord Lowdoun replyed—We are nothing diffident of that, neither is anything of that sort said by us to prescryve your Grace; but seeing two Confessions are subscryved of divers constructions, as humble supplicants we desyre that the Confession may be cleared, that all his Majesties subjects may be joyntlie tyed to God and the King.

The Commissioner said—I had warrand to give order for that and much more, but alace! I may not now stay.

My Lord Rothes said—It is pittifull that the Confession should not be cleared, seeing it is subscryved with three severall Constructions, and in Aberdein by some after a Popishe maner, admitting all the ordinances of the Kirk introduced or to be introduced, and this is the Papists implicite faith; by uther with that Construction only which it had when it was first subscryved anno 1580; and a third sort with a mere abjuration of all novations introduced since that tyme: therefore it is necessar that the Confession be cleared in the Assembly.

The Commissioner said—I cannot stay now.

My Lord Rothes said—Becaus your Graces departure was surmized this morning, therefore it was found necessar by this Assembly that a protestation should be made against your Grace. But we are most unwilling for to present it, and would rather intreat your Grace to propone your scruple and exceptions against this Assemblie, that they may be cleared. If your Grace will not, but will depairt, we must protest that your Grace hes depairted without a just reason.

The Commissioner said—I make a declaration that nothing done heir in this Assembly shall be of any force to bind any of his Majestys subjects; and I in his Majesties name discharge this Court to sit any longer.

[The Commissioner leaves the Assembly.]

And while the Commissioner was in depairting, this protestation against his depairture was put in the Clerks hand and red, and Instruments tane of the protestation.

The Moderatour said—All that are heir knowes the reasons of the meiting of this Assembly; and albeit we have acknowledged the power of Christian Kings for conveining of Assemblies and their power in Assemblies, yet that may not derogat from Christs right; for he hath given divine warrants to convocat assemblies whether Magistrats consent or not: therefore, seeing we perceave men to be so zealous of their Masters commands, have we not also good reason to be zealous toward our Lord, and to mentaine the liberties and priviledges of His Kingdome? Ye all know that the work in hand hes had many difficulties, and God hes borne us through them all to this day; therefore, it becometh us not to be discouradged now by any thing that hes interveined, but rather to double our courage when we seeme to be deprived of humane auctoritie. He desyred some of the brethren should speake a word of encouragement and directioun to the Assembly, as God shall put in their heart for the tyme.

Mr David Dick said—Ye all understand that the great worke now in hand hes bein from small beginnings; for at the first, we intendit only to exoner ourselves, and to leave a testimonie to the posteritie that we bure witnesse to Christs oppresst cause. We thought the Cause desperat when we wer chargit to buy the Service Bookes under the paine of horning; yet we gave in supplications to the Counsell, desyring us to be heard against such indirect proceedings. When we knew not what to doe nixt, God hes led us on steppe by steppe, keeping us still within the compasse of his word and lawes of this Kingdome, for any thing that we ken; and we have only followed our caus with humble supplications to our King, and protestations against that which we could not obey; and it is evident that God hes accepted our testimonie—for his hands are about us still—for if he had not directed us, and his hand had not guyded us, we had beene long since confounded in our witts, and could have done nothing for the compassing of this great worke, more nor young children; neither could we have continowed in ane mynd till this day, if ane spirit had not told us. Seeing the Lord hes led us in a safe way to this day, he is now to crave a solemne testimonie of the Kirk of Scotland, and to ask of everie Man, who is his God? And we have clearlie presented unto us, a lesson of our fidelitie to our Lord from my Lord Commissioner. He hath stood punctuallie to the least point of his Commission. It becomes us to be als loyall to our God, seeing we are not restricted to particulars as he: Therefore, seeing this Court is granted to us of God, under our King, and with allowance of our King, and a parliament indicted to warrand all the Conclusions of it; and now he hes drawen back his granted warrand, shall we for this be disloyall to our God, and slyde from that which He hath granted? If we goe not, we shall prove tratours both to God and our King; or if we be silent, and passe from this Assembly, how shall the will of God be demonstrat to our King in pointes controverted? There is not a meane to informe our King fullie and clearlie, but the determinations of this Assemblie: Therefore we must now proceed, and so proceed as all our proceedings must answer for themselves, and, it may be seine, we have proceedit as good subjects to God and our King. We must either goe on, or take upon us all the imputations of scandalous and turbulent persones, and grant that there hes been als many wranges as there had been false imputations layd out against us; and this were to sin more deeplie, and to quyte these glorious priviledges which Christ hath granted to us, above all our Sister Churches, seeing there is not a meane to cleare ourselves to the Christian world but this. Let us goe on, putting over the matter upon our Lord and Master, and he shall answer for us at the Court of Heaven, and justifie us in the eyes of all that are wise.

Mr Hary Rollock was called next, who uttered a speech to the effect foresaid.

Mr Andrew Cant, and some uther of the brethren, spack likewise to the same purpose.

In the meane tyme came in

My Lord Erskine, before the Assemblie, and, with teares, did regrait his so long refusall to subscryve the Covenant, and was now most willing, with heart and hand, to subscryve it, if the Assemblie would be pleased to accept of him: the seeing and hearing whereof caused no small matter of joy to the whole Assembly; acknowledging, with admiration, the wonderfull Providence of God—that some had deserted and gone from them, so uthers were sent unto them. To encourage them there were also, at that tyme, four or five uthers, some whereof had been in uther countries, in tyme past, who all did enter in ane Covenant with joy to themselfes and the whole Assembly. After which, the voites of all the Assembly were craved by the Moderatour—Whether they would adhere unto their Protestation newlie red, or continow to the end of the Assembly now discharged?

All and everie ane of the Assemblie except six or seven, declaired solemnlie, that, with all their heart, they adhered unto their Protestation, and promised to continow till this Assembly, after the settling of all matters, be dissolved be commoun consent of the Members.

The Moderatour, having renewed the question againe, Whether they found themselves lawfull and competent Judges to the pretendit Bishops and Archbishops of this Kingdome, and the Complaints given in against them and their adherents, notwithstanding of their declinatour and protestation? The whole Assemblie, except four, declared this Assemblie to be most lawfull and competent Judges to the pretendit Bishops and Archbishops of this Kingdome.

The Moderatour having called upon the name of God, this Session dismissed.

Sess. 8.—Novʳ 29, 1638.

Moderatour—I must intreat yow, honourable and welbeloved, to consider yow are in the sight of God, who not only requires inward reverence, but also outward respect; becaus these who hath beene our old adversaries, and hath now declaired themselves to be so, hath spoken reproachfullie against this Generall Assembly, especially becaus of the tumultuous carriage of the Members thereof, when they speake concerning the suffrages—the voits of the Members of the Assembly. But that no such occasion may be given to them heirafter, let your carriage be grave as in the sight of God. Keep yourselfes quyet; becaus ye ought to have your judgements exercised about the matter in hand, and elevating your mynds to God to send downe light; and, when he sends downe a good motion, ye may expresse it with gravitie, and that two or thrie speake with leive—not that I assume any thing to my selfe, but I am bold to direct yow in that, wherein I have the consent of your owne mynd.

After in calling upon the name of God,

The Moderatour uttered these words:—The Assemblie is not fullie constitut—not that I call the lawfullnes of it in question, for the authoritie of it is manifest—but let us leave nothing undone that is necessar for the constitution thereof. There are some Commissions controverted, quhilks are not yet discussed; therefore let the Committies delyver their papers, and tell their judgements.

Then the Clerk called the Committie of Peibles.

Moderatour said—Have ye found these Commissions good and valide enough?

Answer—We find no reason against it; but yet we think it good to heare any that hes any further information.

Moderatour said—If there be any Member of this Assemblie that hes any further information to give to the Committie for the Presbitrie of Peibles, let them give it in to my Lord Burlie at 4 o’clock.

Then was the Committie for Brechin called on.

Mr James Bonar said—We are not able to give ane answer to the Assembly as yet, in respect we have not mett since. But if the Assembly please to give us farder tyme we shall take farder tryell.

Moderatour said—Think ye not that ane of the fyve Commissioners that are pretendit to be chosen, Mr Lawrence Kinneir, who is designit be both sydes, may voit presentlie in the Assemblie; and no question if the Assembly knew the Man, none would object against his persone, and his Commissione cannot be cantraverted, since both pairties hath chosen him?

Lowdoun said—Enquyre both the pairties if they have any thing to object against him.

Carnagie was absent.

Moderatour asked Din if he had any thing to object, who

Answered—I beleive it is knawen to the Committie who tooke the oath of the Ministers concerning the declaration of the veritie of the businesse.

Moderatour—We’ll heare the judgement of the Assembly.—Then he called on

Mr David Dalgleishe, who approved that Mr Lawrence Kinneir should have voit. Then he called on

Mr Robert Dowglas, who said—I was upon the Committie, and I think it meit to let it lye, and let none have voiting till tyme it be better sighted; for it may be, informalitie be found on both sydes—for Carnegie being absent, it is good to let lye to see if he will compeir to-morrow: if not, consider if the uther have such insufficiencie that it cannot stand as a Commission; and if it be not insufficient, let him voit.

The Moderatour desyred ane uther of the Ministers of Carnaigies Commission to stay still, becaus he was a reverend Father, and was acquainted with the Assemblies. Though his Commission was not lawfull, yet he may be a witnesse to their proceedings: who answered, he should stay if the Assembly would allow of his Commission.

Moderatour said—We are not to give sentence whill the morne.

Moderatour said—In the declinatour and protestations given in by the Prelats, there were some exceptions tane against some worthie men [who] came out of the Kirk of Ireland, admitted Ministers in Scotland, and now chosen Commissioners to this Assembly; therefore it is good the Assembly had all their mynds cleare concerning them: and after that we will not have much adoe with Mr Robert Blair, Mr John Livingstoun, Mr James Hamiltoun; for Mr Alexʳ Turnbull he is under censure.

Mr Robert Blair said—We have our reasons to give in against the unjust proceeding of the Prelats against us in Ireland, proving their Censure to be null. If the Assembly thinke it expedient, we shall read them.

Moderatour said—Doe ye remember the words of the Declinatour concerning yourselfe?

Mr James Hamiltoun said—These are the words: “also some Ministers under the Censure of the Kirk in Ireland.”

Then the Reasons were given to the Clerk and publictlie red.

Moderatour said—Take head to these Reasons that ye may object and propone in any thing wherin ye get no satisfaction.

Mr Robert Blair said—There were some that were under censure, and we were never chargit; only we heard about a year after we came away they were seeking us.

Mr David Dick said—Moderatour, I will tell some thing to cleare that, becaus I am their neighbour. Now, I heard that when they wer under proces, the bishops had respect to their not comeing back againe, or if they came, it might scarr people from hearing of them.

Moderatour said—I believe our Church is independent, and depends not on the Church of Ireland.

Mr Blair said—And there is not ane in this Assembly that adheres to the Confession and Covenant of the Kirk of Scotland, but the Prelats, both heir and there, judges them all worthie of the deepest censure that their pretendit power can inflict. It had bein small matter that some four or five of ws been carceired, were not thereby the publict caus had been woundit; for the same prelats are alreadie to charge this whole Assemblie with the same, wherewith they charge us; therefore, if there be any heir who have any thing to say, let them doe it publictlie in the face of this Assemblie. If the declarations be not cleare, the Assembly may get full assurance of this.

The Moderatour said—Ye have not a mynd to bring this Assembly to a snair; but if there fall out any thing to be written against the Assembly, ye will cleare the same by writt.

Mr Blair said—We promise so to doe, and for our owne parte, we thinke all that speakes in ane Assemblie, should speake in the sight of God.

Shirreff of Teviotdaill said—I thought to have gotten farder satisfaction and some information concerning your depairture out of this Kingdome, at first removed.

Moderatour said—Weill remembred; for there is something of that in the Proclamation, saying these who made Sermons against Monarchicall Government are Members of this Assembly.

Mr Blair said—I thank God that, by occasion of this and that which the worschipfull Shirreff have said, my declaration of this point is occasioned, all which of my owne accord I would gladly have motioned, were not I feared the imputation of takeing up too much tyme in this Honorable Assembly. I first take God to witness, that all the afflictions that hath befallen me from my youth, at my hand, hath beene, for aught I know, for constant adhereing to the Confession of Faith of the Kirk of Scotland, since the day that Perthes Acts were determined, where I was present, and the Lord furnished me with resolutions to stand to the trueth, which there I perceaved to be oppressed. And I am sorie that this declaration, if I be particular in it, will force me to expresse the names of some whom rather I would desyre to sparr. It is weill knawne, while I was a Master of the Colledge of Glasgow, there came a learned Countryman of myne, that had been in forraigne pairts, and promised to reduce the Colledge to conformitie to Perthes Articles; and finding me somewhat resolute to stand out, it made some little grudge in that learned mans mynd. There was addit to this ane uther in a publict theological dispute. It fell out that a poynt of Arminianisme in the poynt of election, where foirsein faith was mentained by that learned mans schollers, who came out of France with him, I being the opponent. What I say can be justified by a Commissioner within this house, who will be loath to utter it unles he be put to his oath, in respect of the respect that he beares to that learned man. This being the Controversie, standing out against the corrupt course of conformitie, and that in a dispute I taxed that Arminian poynt in my notes upon Aristotles Ethicks and Politicks. Heirupon I, not being called to any publict, civil, or ecclesiasticall Judicatorie; but in ane accademicall or schoele meeting I was called there, and examined upon some dictats in Ariatotles Ethicks, where I stood before all the Universitie, offering dispute upon all that I had taught, and for three houres dyted aff hand answers to the questions that were made, subscryved them with my hand, and offered that they should be transmitted to the Kings Majestie of blessed memorie. This being done, Mr Robert Wilkie, Rector of the Colledge, being a hearer, stood up and said, “Would to God King James himselfe were present to hear the declaration that this man hes made:” Lykewayes, Mr Robᵗ tooke me in his armes and thanked God that I had so far cleared myselfe. Perceaving what undermyning powers were against me and the course of the tyme, I resolved to have resigned my place, whereto I was bound seven yeares: wherupon Mr Cameron, that learned man—a learned man indeed, whose name I wished altogether to have spaired—perceaving he was lyke to have lost his thanks for labouring to reduce me to conformitie, dealt with me in privat, and ingadgit himselfe that I should ryse to preferments if I would be drawen to conformitie, and that it was ane happie occasion to give up my name to the King, having declaired myselfe to their satisfaction. Ane uther poynt—the Archbishop of Glasgow was drawen on this course to examine the poynt; but perceaving how he had bein led, and that malice had caried on the course, he delyvered my papers wherein I had given my answers, and would not take them back againe, and told to a worthie man, Mr James Robertson, that he perceaved the ground of all the matter was meere malice against me, and withall sent for me and requeasts me not to leave the Countrey, for I should shortlie be provydit for: And after I had gone to Ireland, he declared to my brother-German, Mr Wᵐ Blair—a grave and judicious man, knawen be the most parte of the Assembly—that he was resolved to plant me in the Kirk of Air, where God by his providence hes now brought me. This was written to me the first moneth I was in Ireland—and moreover, there was ane Letter written be the Archbishop of Glasgow to King James; and before he wrote it he send for me and said, “I fear there be some that not only carries evill will at yow but me in this matter, and least we should be both wranged, I will write ane Letter to his Majestie for our exoneration;” and thene he wrote ane letter, and there was an answer returned to me by my Lord Alexander, Earle of Stitlings sone, resolving me that the King was more nor satisfied; and so there was no cryme layd against me, but that I proponed some question out of Aristotles Ethicks; swa there was never any judiciall proces, let be ane sentence against me: only there was ane academick meeting, and becaus I wearied of philosophie and demitted my place.

The Moderatour said—Then it is unjustlie said by same, that being censured, yow are put out of the Colledge.

Then Mr George Young and Mr Robert Baillie and Mr Zacharie Boyd declared that he had related the matter truelie.

Mr John Adamsone said—There is ane generall accusation against them as is against the whole Assembly; and so they are but scandalls.

Moderatour—They scandall us for having laick Elders, and we shall make it manifest be the word of God, that we should have them. Then the Moderatour called on sundrie members of the Assemblie—Mr Robert Wilkie, Mr James Bruce, Mr Androw Ramsay; Nobles—Johnstoun, Lowdoun, Cranstoun, who answered they were all satisfied.

The Moderatour said—Altho’ the prelats accusation be generall, yet for stopping of the mouth of malicious persons, we will stryve to answer any particular that we can perceave they ayme. Ye remember that there are some generall thinges in the declinatour concerning some ministers under censure and not, were stryving to find out who they could meane, bethought they be not named; and we find that there were some under the censure of the High Commission: Mr David yow are one.

Mr David Dick said—I was admitted Minister of Irwing before Perth Assembly six months; and having understood that Perth Articles were given out, I fell to and studied the cause as I should answer to God; and being under sickness for the tyme, I held me quyet the space of two yeares and heard all men and [carried] not myselfe hither and yond: and last, when I saw it lyke my life should not have been long, I saw it necessar to give my testimonie to that trueth that I thought was borne downe. The Bishop got notice that I spake frielie, and yet in such modest termes as they would not have gotten me in the calk; for within three or four yeares after my entrie, was summondit before the High Commission. I compeired; and becaus it was the first day of the Bishops their new roofe—having gotten the greene wax from Court—that is, that day they were made sole bishops as they were not before—I tooke course, after the incalling of the name of God, to doe as became a faithfull member of the Church of Scotland, to mell with what belonged to my calling, I drew to a declinatour of that Judicatorie, because I was inhibited be act of Parliament. When. I red my summonds, I looked wher they should have said, “James, be the Grace of God, King of Great Britaine,” and I found that they said, “James, be the mercie of God,” &c., “and John, be the mercie of God, Bishop of Glasgow,” which I made a reason of my declinatour, and offered to be judged by the first General Assembly; and this declinatour they turned to be my quarrell: which day I was appointed to waird; and least I should be mistane, albeit I acknowledgit not their sentence, I removed from Irwing, in regard to the Kings auctoritie, to Turray, where I was three quarters of a year. After, I was, by the diligence of my Lord Eglintoun and the toune of Irwing, by my knowledge, brought to Glasgow, where Cameron tooke in hand to convert me or to put my heid in the perrill; and after I had talked with the Bishop, I obtained this honour that he should not make conformitie the matter of my challenge, but wherein I had done wrang to auctoritie I would cleare it. And my Lord Eglintoun, Mr John Bell, and Mr Robert Scott, who is now dead, was present when I cleared myselfe, to have done no wrang to auctoritie by my declinatour. After this the Bishop of Glasgow gave ane warrand to my Lord Eglintoun, under his hand write, to send for me to keip for my exoneration. I took Instruments of my hand, comeing to Irwing: heir the act and the letter of the Bishop, which I desyre the Clerk to read.

The Moderatour said—I hope the brethren hes gotten satisfaction.

The Moderatour called on Mr Samuel Rutherfuird and said to him—Were you not sent to Aberdeine by the High Commission?

Mr Samuel sayes—Most true. I was sent in and summonded be the High Commission for divers pointes the Bishop of Galloway lybelled against me, and there was nothing at all proven against me, notwithstanding three severall dayes I was before them; and the third day they had no uther question to propone but these wherewith they attempted me the first two dayes—only the matter of none conformitie which I stand by; and upon this they sentenced me, after I declared, by write, the unlawfulness of that seat, and that I durst not be answerable to the King to acknowledge that Judicatorie, becaus it was against the standing law of the Kingdome. Notwithstanding of this, they proceedit against me, deprived me of my ministrie in Anweth, and confined me in Aberdeine. I watched on in Edinburgh, desyring the Clerk to give me ane extract of the sentence, but could not get it, and the reason why he schiftit me was, becaus the Bishop of Galloway caused him adde a pointe to my sentence that I was not sentenced for—to witt, that I should exercise no ministeriall functione within the Kings dominions. The Clerk denyed it was a pointe of my sentence; notwithstanding, the Bishop of Galloway caused adde that pointe, and I could never have the extract of it, onlie I got the Copie of it, and so I went in without a charge; and, heareing that the Secrete Counsell had accepted a declinatour against the High Commission, I came out without a charge.

Clerk sayes—By Act of Parliament, all the Kings leidges are discharged to give obedience to any judicatorie, but that which is established by Act of Parliament and lawes of the Kingdome; therefore ye ought to be condignlie censured for entering into waird.

The Moderatour said—Earlstoun, yow have beine lykewayes under their Censure; who answered—I was confined in Wigtoun under the High Commission, where I gave ane appellation to the Counsell which Lorne can declair.

Argyle said—Indeed I remember weill of the Decreit past against Earlstoun when I was in England, and, when I came home, it was the day before Earlstoun was appointed to goe to waird. I desyred earnestlie that he might not be confyned but fyned; and so the pretendit Bishops did, which is not overseene in their dittay. There was a decreit given out from the High Commission upon no warrand but his none compeirance, as if he had bein present in foro contentissimo. The Bishops went on as if he had compeired, and decreitit all that was libellit, as if it had been proven; and the Bishop eikit, at his owne hand, “becaus Earlstoun presumed to protest.” Upon this I found it was a litle informall, and desyred Earlstoun to forme ane bill and give in to the Counsell. When the bill was given in, I dealt with the Bishop of Galloway, to see if he would keep it from a publict hearing, and he was satisfied, but afterwards he was not so willing. I insisted and solicitat the Counsell that they should be content to dispense with the confynement, upon the payment of his fyne, which they were content with.

Moderatour said—I beleive verilie that these to whose eares the voice of the speakers hes come, be satisfied with that which hath bein said. If any be not yet satisfied, or hes any point or circumstance to show that they have heard objected against thir worthie Men, let them bring foorth.—Since there is nothing to say, let us goe on.

Although we doe not match or equall the Confession of Faith of any reformed Kirk with the word of God; altho’ we doe not make it formam fidei sed formam confessionis; yet we have great reason to think reverentlie of our owne Confession; because uthers, who have bein Strangers, give a great testimonie to it. That it may be the better thought of, it is expedient that we have a cleare understanding of the particular articles therein contained, especeallie these that are controverted. Ye know what a bussines hes bein about the subscriptions of the Confession of Faith—some subscryving it with some interpretation of it, or application to the Seruice Bookes and Cannons, and uthers subscryving that of late tryed by his Majestie, and the short Confession of Faith, with the generall band nakedlie, without any sick application or interpretation, subscryvit be the Counsell. We are to think advisedlie to it as of great importance, and hope we shall heare somewhat to give us light to encouradge us to goe forward in the interpretation thereof, that that light we have may shine to uthers.

Argyle said—I should be glad that all that are heir might heare me to the full; and least I should be mistaken of what I said yesterday, I would gladlie let it be heard to this company, I intendit that two thinges should have beene knowne before we parted in the termes we did. The first was, onlie to take the Commissioner and States to witnes on the one parte, that what had beene my parte in all this bussines was neither flatterie nor seeking my owne ends; that, upon the uther pairt, it ought to be knowne that I was never a desyrer of any to doe anything that might wrang soveraine auctoritie, but studied to keepe thinges in the fairest order I could. The second thing was truelie, I heard some dispute was like to grow by somewhat that was spoken be Doctor Balcanquell concerning the Constitution of this Church; and, although it was incumbent to me to beware that that dispute should not grow dangerous—that when a whole Kingdome was entered in a nationall oath, the Assembly might not enter in any dispute, nor go in any thing that might prejudge any thing that by their owne knowledge and consent had been done; I say it was incumbent to me to beare witnes that nothing should be done prejudiciall to that voit; not that I thought that I desyred it should not be tane to consideratione what it were, becaus some hes done it doubtsomlie—uthers hes referred it to the Generall Assemblie—uthers, not out of any dislike to religion, subscrivit it as the meaning of it was when it was first sett downe, which I now adhere unto, and declaires, that in the publict way that we did it, it was as it was then profest, without any sophisticatione or equivocatione whatsomever, and I heare of no uther interpretation; and that I adhere to againe and againe, and desyres that any thing of that kynd be done wiselie, and be so looked to, that a whole kingdome run not themselfes to a national perjurie. And if I have beine anything intricat, I cleare myselfe, and make it knowne unto the world that I adhere unto the meaning of that Covenant as it was first subscryvit, againe and againe, shortlie wisheing this nobile and worthie meiting to go on wyselie, considering the goodnes of our gracious Master, who hath condescendit to many things, and gone further on nor many looked for; and what is wanting I hope it is misinformation. And for the Commissioners cariage, it hath beene very modest; and therefore I recommend to you to consider that ye have both the estate of the countrie and the estate of religion in hand, and according to your discreit cariage will this glorious worke be done; and doe it in that respect to your graceous Soveraigne as becomes obedient Subjects.

Then the Earle of Montrois said—My Lord Wigtown was to come heare with my Lord Argyle to make his owne declaration, and will be heir on Tuysday to declair himself to the Assembly as my Lord Argyle hes done, and will give all satisfaction.

Then the Moderatour spacke to the Assembly—My Lord Argyle desyres yow to know that his Lordship hes put his hand to the Confession of Faith, and uthers of His Majesties Counsell, with this express declaration, that they have subscrived according to the meaning of it when it was first sett downe, and willes the Assemblie to proceed consideratlie concerning that, lest they doe any thing to bring any man that hes subscryved it under the suspition of that they cannot tell what; and Wigtowne hes declared by Montrois that he could not stay to day to make the same declaration, but will returne the next week for that effect; therefore since we have this recommended to us after this manner, and the matter requyres the same, it is good for us to proceed advysedlie and consideratelie, as that which will have light to any menes mynds—I mean when we come to declair what was the meaning of the Confession of Faith when it was first subscrived—what was abjured therein in doctrine, discipline, worship, or government—so as it may give all satisfaction to all men; and I trust this grave Assembly will give their declaration from good Masons and weil groundit, for it is a material poynte.

Then the Moderatour, in name of the Assembly, desyred Argyle to stay in the towne and be a witnesse to their proceedings, though he was not a Commissioner.

Argyle said—My interest in religion, as I am a Christian, though not a member of this Assembly, yet in the Collective bodie of the Kirk, induces me thereto.

The Moderatour said—This is a materiall poynt, and it would take up a lang tyme to heare all the acts concerning the clearing of the Confession of Faith; therefore I thinke it good, if the Assembly be pleased with it, to appoynt a Committie to view the bookes therefore, that they may advyse about thinges and make them ryper to the Assembly: for next unto the word of God, this Confession, so solemnlie sworn, should goe deepest in our mynds.

Lowdoun said—It must be the rule of all our proceedings, and the ground of all our comfort, when we are put to farther tryells; therefore it would be verie deeplie considerit, and some judicious men named upon the Committie.

Auldbar said—There is some in the North that hes a third Covenant.

Moderatour said—We are not oblist to expone that.

The names of the Committie:

Mr David Lindsay, Mr Andrew Cant,

Mr James Martine, Mr Harie Rollock,

Mr Thomas Mitchell, Mr David Dick,

Mr Walter Balcanquell, Mr Robert Hendersone.

Mr Thomas Wilkie.

Rothes, Lowdoun, Balmerino, Burley.

Barons—

Auldbar, Keir, Shirreff of Teviotdaile.

Burgesses—

James Cochrane, Patrick Bell provest of Glasgow,

James Fletcher provest of Dundie.

Montgomerie said—Moderatour, we desyre our Summonds and Claime against the pretendit Archbishops and Bishops be red.

The Moderatour said—Ye knaw the Prelats wer summond in the best way could be thought upon; and now, since the Assemblie is constitut, and hath discussed all objections that can be imagined against us, let us heare what is said against ane of the Bishops, and remove the rest to be looked on by these that have the charge of the Billes. We need not spend tyme in reading the generall Complaint against the Bishops; but here is a particular, condiscending upon some things which will cleare the generall. This is against the Bishop of Galloway.

There was a lang Clame red, conteining fifteen or sixtein scheits of paper, against the pretendit Bishop of Galloway: Then he was called upon by the Officer of the Assembly, James Bell.

The Moderatour said—This is a great bussines we are entered upon, and we may perceave, by the reading of the Clame, what will be said against all the rest; and becaus it will trouble the Assembly, let them be first viewed by a Committee delegat by the Assembly for that effect, who may give accompt to the Assembly.

The names of the Committee— Mr James Ramsay, for the Diocie of Edinʳ, Mr John Jamiesone, for the Diocie of Glasgow, Mr Wᵐ Dalgleishe, for Galloway, Mr Donald MᶜElwrath, for Argyle, Mr John Duncane, for Dumblane, Mr George Symer, for Dunkell, Mr Robert Murray, for Sᵗ Androwes, Mr George Halyburton, for Brechin, Mr Alexʳ Martine, for Aberdeene, Mr Wᵐ Falconer, for Murray, Mr David Monro, for Ross, Mr George Leslie, for Cathnes, Mr Wᵐ Stewart, for Orkney,

Nobles— Eglintoun, Weymes, Johnstoun, Wedderburn, Lawers, Kinlict, Provest of Kinghorne, Baillie of Innernes,Mr George Gray clerk of Dundie, [Haddington.]

To thir wer addit— Mr John MᶜKenzie, of Lewis, and George Gordoun, brother to Sutherland.

When the Clerk called on Doctor Robert Hamilton, Procurator for the Bishops, to answer to any thing he can say to the Summonds and Complaints given in against them, he compeired not.

The Moderatour said—Ye know I was saying that the first occasion of our Complaints and Supplications were the Service Booke, and these Cannons that were urged upon us. Ye know how miserable the face of this Church and State had bein before this tyme, if we had not supplicated against these evills, and what great mercie the Lord our God wham we sarve hes shawen in delyvering ws so farr from them; yet that it may be knawen to the world that our supplications wer just, and that there may be some monument of the wickednes of that Booke left to the generation following, it is very expedient that it be examined heir, that your judgments may be knawen and the reason of your judgements; and that we may goe on the more compendiouslie, it will be good that there be a Committee chosen also for this. Then the advyce of some of the Members of Assembly wer taken, who all gave consent to this.

The names of the Committie—

Mr Androw Ramsay, Mr John Adamsone,

Mr Robert Baillie, Mr Edward Wright,

Mr Alexʳ Petrie, Mr John Menzies,

Mr John Oswell, Mr Samˡ Rutherfuird,

Mr Alexʳ Kerss, Mr John Hay.

The Moderatour said—The Booke of Cannons, Service Booke of Ordination, and High Commission, all of them are to be sighted by yow.

Sess. 9.—Novʳ 30, 1638.

After prayer to God by the Moderatour,

The Moderatour uttered these words—We trust in God, that the more our good cause hath bein defending, and for which we are now conveened, is agitat, it shall be the more clearlie seen, and the more to be seen the more it shall be affected, and these that shall see the excellent lusture that shall be on it, shall, no doubt, be enamoured with it.

Argyle said—I have gotten a paper which I never saw before. It is from the Earle of Kinghorne, and, becaus it is a missive direct to me, I shall read it, and desyres it may be keeped by the Clerk.

Rothes said—Heir is ane uther of that same nature from my Lord Galloway. Lowdoun, Yester, Home, went to him, and he spack something before, and we caused put it in writt and sent to him, and he renewed it; quherein his Lordship declaired that he had subscrived the Confession of Faith, as it was professed in the year 1581, and wishes all the Assembly to make it the rule of all their proceedings; and he shawes that they were all wyld in, secreatlie, to the Commissioners Chamber, and, being debardit, they subscryvit the proclamation, not knawing what was in it; but, when Galloway heard it, he would have had his hand from it, and, when he saw that he could not get it back, he was so excessively greeved that he professed he got no sleepe all that night.

Then the Earle of Montrois said—That the Earle of Mar had given him Commission to declair to the Assembly, that he had the same meaning in the subscryving of the Confession of Faith; and, quhen tyme was fitt, he would declair it before all the world. Lykewise said the Earle of Mar, he being hardlie pressed to subscryve the proclamation, he refused, and said, he would not declair his Sone a Traitour, who yester night had subscryved the Covenant, and professed to the Marqueis and these who pressed him, that, as long as his blood was hote, he would think Covenanters als honest Men as themselves. Likewise,

Montrois said—That he had Commission from my Lord Napier, to declair to the Assembly, that he had the same meaning in subscryving the Schort Confession, as it was first sett doune. Montrois said, further, my Lord Amont would declair the same before the Assembly.

The Moderatour said—Though we had not a Nobleman to assist us, our cause were not the worse nor the weiker; but there is occasion given us to blesse God that they are comeing in daylie in throngs.

Then the Moderatour called on the Committie for Peibles.

My Lord Burlie answered—Since this charge was layd upon us, to collation the Commission and protestation with the Proces, we find no great reason why the election shall not stand good; and for Mr Robert Ellot, we find, in the last article of the proces, that he did clearlie protest, and that upon good reasons. Ane was, that this honourable judicatorie should no wayes be prejudged in the friedome thereof, in case there were any illegalitie or informalitie in the election, and that no place of carping were left to our adversaries; the next was, he had some scruples in his mynd anent the illegalitie thereof, of which, after conference, he gat satisfaction, and is content now to take up his proces; and quhereas my Lord Thesaurer was pleased to take some offence at this protestation, and he did it now de animo, he is sorie for it, and, if his Lordship were heir present, he would crave his Lordships pardon.

Mr Mathew Brisbane said—I think it should be tane notice of, that my Lord Thesaurer was present at the election, and did approve the Ruling Elders, and came there as ane himselfe, and, in the face of the Assemblie, pleaded for the Commission.

Then the Moderatour called on the Committie for Brechin, who promised to make report to the Assembly to-morrow.

Moderatour said—There were, in your hearing, some Committies appoynted for some materiall poyntes; for considering the Confession of Faith; the Complaint agᵗ the Prelats; the Service booke; the booke of Cannons; High Commission, and Booke of Ordination; but it is impossible to examine thir in so short a tyme, and therefore we passe them.

Lowdoun said—Please yow Moderatour, we began to looke upon that purpose, being a matter of great importance, and deserved an accurat investigation of thinges that did passe, especeallie, not about the Confession of Faith, which was first made and subscryved at that tyme. We went back, in looking to these registers and Bookes of Assemblies quherein we find the discipline of the Kirk accuratelie expressed, so that I thinke, if, in Gods Providence, these Bookes had not bein found, it had bein hard for the Church of Scotland; because it is about matters as they wer then presentlie established and concludit. The seeking out of this and the looking over of many Acts, tooke a long tyme; but, on all, we find a great harmonie and cohesione, clearlie set downe, to put out Popperie and Episcopacie. The name is examined; the Corruptions is examined; the office is examined; and their severall considerations tane to many Assemblies. The Discipline, of long deliberation, is sett downe. The Confession of Faith following, is a confirmation both upon the ane and the uther; and the ground of thir hes bein the root of many of our proceedings through this Kingdome, especeallie the renewing of the Confession of the same oath first [framed], which I hope will give satisfaction to all men who could not weill understand it before, when they shall take knowledge of thir bookes. We dar not now give out our judgement fullie; but we will goe on in consideration, to satiefie yow all, and we crave your patience to acquyet yourselfes in it. It must have long tyme; for matters of so great importance cannot be done but accuratelie, for every mans satisfaction.

The Moderatour said—It were better not to toutch it at all then not to handle it accuratelie and solidlie; yet we allow not the Committies for determination of any thing, but only to prepair matters for the Assembly their judgement, and if need be, tyme may be prorogat further to them.

Lowdoun said—God, the Father of light, give light unto it, for it must be the rule of all our proceedings.

The names of the Committie for the Prelats called upon for their Complaints.

Mr Robert Murray said—That the Complaint against every particular Prelat behoved to be tryed, and therefore desyred the Moderatour to intimat to the Assembly, and, if any had information against any particular Diocesian Prelat, that they would give it in to the Committie.

Then the Committie for the Billes were called on.

Mr David Lindsay answered—We have discussed some particular Billes that came before us, and we conceave this; that where the caus is weightie and the proces red, we think it good that Summonds be directed both for the Pairties and witnesses. There be uthers against whom there is no formall proces, and it will be weill done to heare the judgement of the Assembly anent these.

Moderatour said—There be two sortes of processes: ane sort are these which are closed alreadie before the particular Judicatories; I meane the Presbitries from whence the Pairtie are complained upon, who have heard the witnesses and set downe their deposition; and nothing left to the Assembly but to pronounce their Sentence. These may come in pertinentlie before the Assemblie. But for uther proceses that are not concludit, and witnesses not heard, but to be heard, before the Assembly consider whether it be more expedient to send citations to the Pairtie and witnesses to compeir before the Assembly, or if they shall be remitted to their Presbitries, or the next adjacent Presbitrie, as having Commission from the Generall Assembly to put a finall conclusion to them, and report it to the next Generall Assembly.

The question was moved concerning Doctor Hamiltons proces, whether it should be heir, agitat or remitted to the Presbitrie, in respect that the Presbitrie had refused proces alreadie, and it was reported that he would goe shortlie out of the Countrie? And therefore it was concludit to be decydit by the Assembly.

The Moderatour said—Lett us come to the third Committee concerning the Service Bookes, Cannons, and High Commission.

Mr Androw Ramsay answered—It is a toylesome taske—a Papall Service Booke, anti-Christian constitutions, and a superstitious Booke of ordinations—and will take us eight dayes at the least.

Moderatour said—Ye would consider that ye are not to dispute against ane adversarie, but to make such abridgement of the errours therein contained, as may be seine to such a grave Assembly.

[Complaints against Prelates.]

Moderatour said—Ye knaw there be some Complaints against the Prelats, common against them all—some of them more personall against Pointes of Doctrine and Conversation: As, for example, there is a transgression of these Caveats, and limitations put upon them by the Generall Assemblie when they wer first admitted to voit in parliament. Matters of this kind will be so notour as the Assembly at the reading of the processes, that we will not need great probation; and therefore the Committies neids not to trouble themselves but in poyntes of doctrine.

Then were the Caveats red.

The Moderatour said—I would wish that uther some of them or all of them had been heir to answer for themselves, and some of them objected, and speciallie Doctor Lindsay, that these Caveats were put upon them, but Assemblies had lowsed them. The Bishop of Sanct Androwes, in a Booke which he calls “The Refutation of a litle booke anent the Government of the Kirk of Scotland,” giving ane answer to that that is against their booke of the Caveats: he says they never had a purpose to keip them, but only to delyver them from the contentions of turbulent men. This is not red that ye should give out definit sentence till the whole complaint be considered by these to whose consideration it is presented; but there may be an abridgement of the Caveats, and particular transgressions of them drawn up.

The Shirreff of Teviotdaile [said]—That these transgressions, many of them be notour to us, yet not to strangers, to whom the relation of our proceedings shall come; therefore it is necessar all to be proven.

Moderatour said—It is objected be these that wrote that litle booke of the Government of the Kirk of Scotland, which was sent over to Holland at what tyme the Synod of Dort was sitting, for weightie Causes and considerations, to prevent evills that might have come in in the Kirk of God: It is said in that booke, that when they went forward, there was protestations used against them. He answered, what protestation they meaned I cannot tell, but for that Covenant wherein they please themselves so much, it was rashly and unadvisedly forged by braine-sicke men, to the destruction of the King and republict, and to the mocking of God; therefore God hes recompensed them with shame and ane unhappie success of all their interpryses.

Then answered ane Mr Law—That he saw him subscryve that Covenant that he had so traduced. Then some said that things alleadged against the Prelats which seemed most evident neided not to be proven.

Moderatour said—Abundantia juris non nocet; and it is necessar when a nation or Kirk would make it manifest to the world the lawfulness of their proceedings, though it were never so notour to themselves.

Moderatour said—We have not farder to doe till the Committies have tane paines and presented their labours to the Assembly. For the present ye see they are relaxed from that limitation in the Assembly holden at Linlithgow 1606 and 1608, and at Glasgow 1610. There are something heir in a paper given in to be considered by the Assembly, concerning these forsaids Assemblies, together with the Assemblies at Aberdeine 1616, at Sᵗ Androwes 1617, at Perth 1618. These are the speceall Assemblies they trust into, and these are the Assemblies that hes wrought this Kirk meikle woe. It is not unfitt for yow to heare them in the minutes of the proceedings in the Assembly 1616. The Bishop of Sᵗ Androwes changed the Acts with his awne hand on the margine, deleiting and adding acts quhereof some wer against Papists. The hand writt was seene by severall of the Assembly, who constantlie affirmed, on hazard on their life, that it was his hand. Some declaired that when the Bishop of Murray said to ane uther of the bishops, “we will tyne the field,” he answered, “I shall devyce a vyce—we shall give idle Ministers ane warrand;” and so they sent for the number of 36, that were not Commissioners, and delt wᵗ them for their voices; and they put out Commissioners whom they suspected and put uthers in their places, and sundrie that were Commissioners were not called on, and the Moderatour said in face of the Assemblie, “I will committ twenty prejudices to please the King.”

Mr David Dalgleishe said—There was neither booke nor Bible opened; but the Kings Letter was read at everie Sessioun immediatlie before the voiting; and in the tyme of the voiting, Waughtoun said they sett doune the names of some who came away from that Assembly, quhereof I was ane.

Mr James Bonar said—He called on all these first that he knew would voite with them, for he had a croce upon all their names, and lykewayes he said that a number of voites should not doe the turne, for these articles should be proclaimed at the Croce by sound of trumpet.

Mr James Cunninghame said—When I desyred Zancheus to be produced for a testimonie, all the Bishops said the King was more learned than ten thousand Zancheus; and he threatened continuallie with banishment, imprisonment, and deprivation; and they put all their names together whom they knew would voite for them, and resolved to gar them goe all in a hurle together, quhilk they did quhill Mr John Martine turned the chase, and this they did to weaken the hands of many.

The Moderatour said—There would be a Committie appointed for the considering of these Assemblants, for it is a poynt of no small importance.

The names of the Committie— Earle of Home, Lords Sinclare, Yester, Balmerino, Coupar, Cranstoun.

George Gordoune, Mr Thomas Ker, Lamington, Barclay, James Sword, George Jamesone, Thomas Durie, Androw Baird, Mr John Robisone, John Maitland, Mr James Scharpe, Richard Ingles, Gilbert Murray, Wᵐ M‘Kenzie, John Rae, John Robertsone, John Ker.

Sessio 10.—Primo Decembris 1638.

After prayer, the Moderatour said—Ye know a great pairte of these affaires to be agitat this day, was committed to some worthie men upon a Committie, to be presented to your view—such as the Confession of Faith, the Complaint against the Prelats, the matters of the Service Booke, the auctoritie, or null auctoritie of the Assemblies; and we tooke this little tyme to heare some particular complaints against some ministers, especiallie these who have their proces closed alreadie, in a manner, and nothing left but the sentence and determination of the Assembly; for they must be viewed by you. We should do nothing without a warrand; and I doubt not but ye are better acquainted with the warrand and ground of our proceedings nor I can expresse. Ye knowe there is no familie, nor hous, nor republick—no citie, no kingdome, or corporation—nor any humane societie, that can subsist without order; and, in the midst of the world, where the Divell is opposing, and corruption mightilie working, we may be assured that the integritie of the Word of God cannot stand without Government and ecclesiasticall discipline. Our Lord gives it the name of the Keyes of the kingdome of Heaven—a glorious name, indeed; and the Apostle, 1. Cor. 5., calls it a power committed to the Kirk, not for destruction, but for edification. In the nature of it, it is not so much magisteriall as ministeriall power; and, though the power be great it is principally in his hand who is Lord and Master of the house—the Son of God, who hes absolute power; and we are but his ministers and servants. Ye know it is requyred in a servand, and especiallie in a steward, (and we are called stewards and dispensatoures of the misteries of God,) that they be found faithfull. We must stryve to approve our selves in the Masters sight, who is sett over the house. The power committed to us is very great, if we consider the effects of it. Mathew, ch. 18. the effects of it are set downe. If we proceed in sentenceing of a man, especiallie if we goe on that far as to excommunicat him, he against whom the sentence is pronouncit, is counted a publican; or, if ye looke the Apostles word—more: he is given over to the hands of the Divell: he is put out of the Kirk; and, although it be horrible to think on such a thing, yet the fruites of it are sweet—for God heirby is glorified; for surelie, in despyte of the world and the Divell, he will be sanctified of these that drawes neare him. The terrible example of Nadab and Abihu is a sufficient document of this. Ye know the Word and the Sacraments are holy and sufficient meanes to convey grace. They should be purged of inventions that men hes put upon them; and sicklyke that Gods house should be purged of scandall and leaven, and these also against whom the sentence passes, if they be not in a damnable caise and incorrigible, it serves for the subdueing of the fleshe and wakening of the spirit—if there be any such distinction to be made between the fleshe and spirit. This is the last and most extreame remedie to subdue the fleshe and waken the spirit. So it is necessar, that we now assembled in Christs name, so solemnlie and so weill warranted, goe on with auctoritie; for, though we be weake and unworthie instruments, we must consider what keyes he put in our hands, that hes the keyes of the house of David, that shutts and no man opens, that opens and no man shutts. I may give you assurance, in the name of our Lord, that if we goe on as we are warrandit by Him, without partialitie and respect to men, but having respect to the honour of God and weilfair of this Kirk—if we goe on with sentence and excommunication, that which we doe on earth he shall ratifie in Heaven, and we shall be all witnesses that he shall ratifie the same. If there be any of the particular Complaints that are to be given in, let them be presented heir, to be red be the Clerk.

Mr David Lindsay said—We have met, and thir processes which are deducit and concludit we have sent the formalitie; and such as we produce heir, according to our judgment, are of weightie causes, and formerlie deduced. Uthers complaints are considerit by us, and we have advysed and tane this course, only to advyse them before what judicatorie they shall not intend proces; and if the Presbitries where they dwell be competent judicatories, let them goe to them; and if not, let uther Presbitries be joyned to them. Heir is ane proces against Mr David Mitchell.

[Case of Mr David Mitchell.]

Moderatour said—We should have heard truelie with regrait of their persons—yea with joy when we see the Lord putting to his hand to purge his awne house.

Then was the proces red against Mr David Mitchell.

Then Mr Henry Rollock said—It may be thought that he should now have spoken more of that kynd; but truelie, till the last day of his suspension, he was bussie therein; and some pointes of doctrine came to our knowledge after the proces was closed—namely, that it was ane abasement for kings to be subject to the Word of God; and when he wrote to us he carried so much neglect to us, that he called us not brethren of the Presbitrie, but brethren of the Exercise of the said judicatorie—alluding it was nomine tenus non re. Lykewise he hes declyned the Assembly; but, indeed, it wer a pittie of him, for utherwayes he hes good partes.

Rothes said—Bellermine had good partes; but he would be ane evill Minister for the Kirk of Scotland.

The Moderatour said—There are two sortes of Arminianisme. One is that which hes troubled the Low Countries, and hath spred itselfe so farr, and that is nothing but the way to Socinianisme, and Socinianismus inchoatus is Arminianismus consociatus. Certainlie no man that will consider aright of the poyntes of Arminianisme, but he will see more nor the seids and grossnesse of Socinianisme. There is ane uther Arminianisme mentioned by some in England, and uthers in Scotland, and that runs in ane uther way—it runs to Papistrie, and is inchoatus Papismus; and if ye consider this, how our doctrine, and the particulars of our Confession of Faith, taught by the ministers of the Kirk of Scotland since the Reformation, how thir pointes began to be depraved by Arminianisme, and poyntes of Poperie, joyned with their poyntes of Arminianisme, and next consider how that the externall worship of God was in changeing by the Service Booke, I see nothing deficient for the whole bodie of Poperie but the Pope himselfe—Convertion of a Sinner—universalitie of the matters of Christs death—justification by workes—falling away of the saints; and then, if we had receaved the Service Booke, what difference had beene ’twixt the Romane faith and ours, if we had subjected ourselfes to the Pope? I say it, that we may acknowledge the goodnes of God that hes thought good to visite us thus with so sensible an opportunitie, that if we had gone on, our case had bein so desperat and miserable, that none of us can conceave: but great is the Lords mercie; and we have all of us reason to make good use of this good occasion, quherin sick evills may be prevented in tyme. We heard the proces, and we desyre not to proceed to the sentence this day; but we will heare the judgement of the brethren.

Then was Mr David Mitchell called upon.

The Moderatour said—We have to consider that this Kirk hes not been acquainted with Censures of that kind, blessed be God! Howsoever, there hes bein a great and lamentable schisme in this Kirk these many yeares, yet few poyntes of heresie could be objected against any of this Church who were verie free of it before; therefore no marvell is that we Ministers and Elders be not so throughlie acquainted with their differences as utherwayes we would have bein: but since the matter is gone so farr on, and corruptions are vented so braid and wyde in this land, it were meet we were acquainted with them that we may discerne betwixt trueth and errour, light and darknes; and if it seeme convenient to the Assembly, it is good that some Ministers that are best able make some discourse of this matter, especiallie to shaw what we hold with the reformed Kirkes, which hath beene so publictlie contradicted by thir preachours, and how their tenets contradicts our tenets as the reformed Kirkes. I know there is ane uther proces against some uthers in Schooles of Divinitie that hes the same poyntes, and uthers preachours lykewayes, and it would seeme to have beene done of purpose, and that they are all joyned in ane combination together for venting such poyntes of doctrine; for there is come doune some poyntes from England, which were holdin to be the tenets of a great learned man, and thir preachers seemes to be his schollers.

Then said the Moderatour—Let us heare some moe two or thrie Billes.

Then there was red against Doctor Panter, Master of the New Colledge of Sᵗ Androwes, containing many erroneous and Papisticall poynts of doctrine.

Then there was read a proces against Mr Alexʳ Gledstanes, Minister of Sᵗ Androwes.

Then the Committie for Din and Carnaigies Commission was called.

Mr James Bonar said—If we find that if the last election had not interveened, the first had beene good; and if the first had not proceedit, the last had bein good. The first wants ane act of the Presbitrie and their Subscription, and so it wants the formall poynt but gives commission; and the uther hath proceedit from ane desyre to be electit.

The Moderatour said—It were les prejudice to want the voices of them both, then to doe any thing that may prejudge the Assembly afterward.

After lang controversie to and fro about this particular, the rows were called, and the Assembly voited that neither of them should have voite.

Sess. 11.—3 Decʳ 1638.

After prayer made by the Moderatour,

My Lord Argyle said—Ye remember heir I made protestation that nothing might be done that might seeme to wrong Soveraigne auctoritie; for albeit I be not a Member of this Assembly, yet I have leive to represent my opinion; and truelie I will say, I know no better way for you then every way to cary yourselves modestlie, keeping all dutie and respect to whom it is due. And I remember of a good passadge—si tacitus possit corvus, &c.—therefore my humble desyre to you all, and especiallie to the Ministerie, is, that ye be very spairing to meddle with the Kings power and auctoritie—not that I suspect any, but that I hope all knowes what is my meaning. They are wise I hope who are entrusted in this worke, and knowes what is their duetie to a good and graceous King; and I trust our Master will be wise in his commands, and so there will be the lesse neid to meddle with any thing of this kind; therefore take this advertisement from me, least any sclander be layd on this bussines. I am very spairing to insist; but what I have said it is out of affection to the caus.