Report of Proceedings OF THE GENERAL ASSEMBLY AT GLASGOW, 1638. (continued 3)

Moderatour said—We are obleist to the goodnes and providence of our God that hes given unto us so wise and honourable a Member to sitt heir to give tymous advertisement concerning our duetie—perhaps rather to prevent that which might ensue nor to censure any thing that is done; and surelie we ought to consider, that, altho’ the Kirk of Christ, especiallie assembled in ane counsell and such ane Assembly as this, hath very great power, yet they should very weill observe the limits of their power; for, first, altho’ we have power to judge betwixt true and false doctrine—altho’ we have power also to consider the mater of the Sacraments—the sealles of the doctrine of the life and manners of men throughout the kingdome, and of the maters of the Policie of the Government of the Kirke—yet our power is not autocratistical but ministerial and subordinat, and ought to give the Lord his owne soveraignitie annexed to him, and to give every one their owne place. Let the Lord have the first place—we will not give his glorie to another; and let Cæsars have their owne places. And surelie he thocht I spack very distinctlie of this purpose that said—“God or his Spirit, speaking in Scripture, is the judge, and that the Kirk is not judge but index, and that the Christian Magistral is Vindex; and so give every one his owne place.” The judgement of Soveraigntie and absolute jurisdiction belongs to God; and this is that great Soveraigntie which must keepe us in the right way, without the which our sillie witts would wander in the bypaths of errour. Since it hath pleased Him to manifest his will in his word as if he were among us and we heare his voyce, we should stryve to decerne his voyce, and governe our proceedings thereby. Next for the Magistrat—he is the keeper of both the Tables, and ane avenger of the breakers of both; and we are not to judge so uncharitablie and so unreverentlie of our superiors, especiallie of him who is in the highest place above us, that he will usurpe any thing propper to the Lord, who is only absolute Soveraigne. It becomes us to content ourselves with the interpretation of Scripture, or with the indications of it as that word which I alreadie used imports; and for that which my noble Lord hes bein speaking, it becomes us to think reverentlie and speake modestlie of superior powers; and I am sure there is no subject but they will be more carefull to take heid to their words and wayes both in pulpits and other places, nor if the Kings Majestie were present himselfe. I remember of ane example of ane worthie man in this Kirk who did oftentymes preach in the presence of King James; and when the King was absent he alwayes spacke with greater reverence, and recommended subjectione and loyaltie to all subjects; but when he was present, he told him all that he heard of him; and I wish all of us would carry us so; and altho’ his place or his Commission be emptie, let us thinke and speake as if one of them were into it: let us carry ourselves as in the sight of God and of our Consciences which are both ane; for seeking the approbation of a good Conscience we approve ourselves to God, and next in his Majesties sight; and we need not thinke that the wordes that are spoken heir will [not] be caried to him with a worse sense put on it. If his Majesties Commissioner wer heir present there neidit no report; but since it comes to passe that things are made worse, we have so much the more to take heid to ourselves: and I hope of the Spirite of Wisdome and Pietie, which teaches all loyaltie and subjection to superiour powers, shall so direct us as there shall be no caus to censure any man justlie.

You remember, right reverend and weil-beloved, there ware some thing spoken heir be occasions of a particular complaint given in against Mr David Mitchell, for mentaining poynts of Arminianisme; and we desyred ane of our reverend brethren to speak somewhat for refutation of that errour.

[Arminianism discussed.]

Then Mr David [Dick] raise and spack as followes:—The taske is large, the tyme is short; therefore I will sett myselff to as little tyme as I can; only I would have this preface in the beginning, that we would all labour to have errours in als great detestation as any corporall vyce; and doubtlesse, if our eyes were open to see the bewtie of trueth and the good fruites of it, and to see the vyldnes of errours, and the fearfull consequences of it, we would need no exhortatioun of this sort. For the preaching of errour is like the selling of poysoned pestied bread, that slays the eater of it, and infects with the breath every man that comes neir hand; and albeit the Lord hath brought in wholesome food in his house, and hes held his table long covered, yet the malice of Sathan, and the bussines of the Pope to recover his Kingdome, and the dalliance of worldlie men, hes sett instruments on foot to trouble our Church againe; and God, in his deep wisdome and justice, hes suffered the matter to goe that farr on, that we might see what a fearfull sin it was to put the keyes of the house of God in wrong hands, and what evil freicks, errours in discipline would bring foorth, and also that he might punische the unsanctified and proud witts of men that would take upon them to governe his Kirk, as also he would have these ministers in this land corrected for their negligence who are like the rest of the countrie, who thinkes of armes whilst they are in peace. So have we done. In tyme of peace, we were all secure, and dreamed not of straites, and studied for no more but to get ane sermone in the week; yet blessed be our God, who hes alse many painfull and faithfull servands as will be sufficient to cleare his trueth of his Kirk against all that will say the contrair.

By the power of Jesus, I will take up my speach in thir heads. First, I will lay out their errors in 4 heads; Secondlie, I will lay out our doctrine in uther 4; then, Thirdlie, I will lay out before you the cullours they use instead of probation; Fourthlie, then I will lay before you some maine reasons which are the cause and ground of all the errours, and the grounds whereupon the dispute runs wrong on their syde; then I will shaw you the bulwark wherein our strenth stands; Lastlie, I will answer some objections, and so close. For the trueth of our doctrine, I will content myselfe with a place or two, and is in the hinder end of the 52 Isai, and 6 of John, 29 vˢᵉ, which is sufficient for a confirmation of our all doctrine against all Arminians.

(1) For the first, The Arminians they grant ane election; but such a ane as makes man to be a chooser of God, and not God to be chooser of man, that by their course God shall choose a man 20 tymes, and refuse him or reprobat him 21 tymes, and the man to goe to hell in the hinder end.

(2) For the death of Christ they make a great bussines for it, as if they were the only men that knew to extend the worth of it; but it comes home to this:—Christ layes doune his blood, and buyes no waires bot a possibilitie of some mans salvation—that is to say, they extend his death in drawing on of a bargane betwixt God and man, to put man in the termes that Adam fell into, that man may take a new essay of himselfe, by the force of universall grace, to hold his feet where Adam fell.

(3) There is concerning mans conversion, wherein they would seeme to plead for themselves, that they are seeking no more but to make man to be no stock nor block, and if they had no further, we should easillie grant that he were not a stock in his conversion; but he is a quick divell, and when it comes to the upwith, heir doe they schoot to put all the matters in mans awne hand, that God shall be the giver of abilitie to convert by giving the man a power of frie will, but the man shall have the glorie to turne himselfe to God or receave grace.

(4) For the last and fourth poynt; they sever poor simple man, and setts him alone with the staff of his frie will tottering in his hand, and the Divell, the world, and sin tempting him; and then they dispute with him, saying, that there is no assurance of perseverence, and that the saints may fall away and all the rest of it, while, as they should joyne all his helpes with all his hinderances, and should put him in the hand of ane cautioner and guyd to teach him and correct him, and raise him up when he is fallen.

These being their four errors, I oppose to them the doctrine of the Kirk of Scotland, whereof we may all thinke good the day, and thank God most heartilie for it; and seeing I have gotten leeve to speake, I blesse God in Jesus Christ our Lord, that evir looked upon the Kirk of Scotland, to give us a doctrine that will not suffer itselff to be disgraced by errors or false doctrine, but will take the place of it in the hands of weake Ministers who will not boast of their learning, but whose glorie is simple trueth; and in that we will glorie more nor in all the learning in the world, finding ourselves guarded against all the Scribes and disputers of the world, since they have the trueth of Christ in simplicitie according to the word.

1. We give this for our doctrine out of the word of God—That there is a number severed out, in Gods speceall purpose, from the race of mankind, and advanced above the state of nature, to the estate of Grace and Glorie, by a speceall designation, and that for no foirseene good workes in the man, but for his free Grace and good purpose who helped to make the man, then to put the saule in him, and then to put such and such graces in his saule, and restoir what was fallen in him, and so make him doe good workes. This ground is clear from Scripture. Ye know he will have mercie on whom he will, and whom he will he hardnes; for he is a Soveraigne Lord, and, of his owne workmanship, he can advance ane pairt higher of it then ane uther, and doe no wrang to the rest.

2. For the matter of Christs purchase by his death, we teatch that our Lord made no blind blocke, but wist weill what he bought, as the Father wist what he sold; and had his scheepe before his eyes and was content to lay doune his lyfe for them; all thinges that belonges to lyfe and Salvation he layd doune such a pryce to the Father, and declaired, by a Voice from Heaven, that he was pleased with it—“This is my beloved Sone.”

3. For conversion we say, that how quicke, how reasonable soever a man is in the houre of his conversion, considering him as he is, a naturall man and so wicked in himselff, that there is so much power in the Gospell of Grace, the Spirit of God concurring therewith, that he is able, not onlie morallie to perswade and convince the man, but effectuallie to induce the mynd of him—keeping himselfe still in a freedome of will, that most willinglie and frielie makes the man turne unto God, and to take his Mediator and God in his armes, who before was in the armes of Sathan.

4. For the fourth we say, that, albeit it is true there is nothing vainer nor man—nothing lighter than he—he being laid in the balance, and nothing fickler nor he, for at his best estate he is altogether vanitie—yet He that hes bought him deare will never leave him nor forsake him. That man that he hes begun to take be the heart, and to speake to as he uses to doe to these quhom he setts his mynd upon and calls according to his purpose, he so admonishes him, reproves him, corrects him, and causes him to eat the fruit of his owne wayes in cace he deborred, that he causes him cast all consolations from himselfe—from men—from the world—from sin—and makes him faine to creipe in under his Lords winges, and bringes him through all doubts, and rubbs difficulties and temptations, and never leaves him till he sett him before his Master and Lord.

Now, their cullours are chieflie thrie—first, from Scriptures, rent ane of them from ane uther, as if there were no Scripture but that text quhilk they would seeme to prove their errours by, quhich text of theirs being compaired with uthers, is our doctrine; and by soe doeing they deale lyke sophists rather then telling the mynd of the Spirit of God, who tells not all his mynd in ane sentence, but must be waited on till he tell his last word; and reason it be so—as, for example, when the matter of mans salvation and conversion is spoken of, to say the Lord sweares he loves not the death of a sinner, and we oppose to them ane uther Scripture, that he laughed at the destruction of the wicked; where they take the ane place and not the uther, and takes not that quhilk agries with—but he rejoyces at their destruction—not as it is a destructione of the creature: but when man wilfullie rejects grace and mercie and scornes God, it is righteous wᵗ God to rejoyce in his destruction when the man will not rejoyce in his mercie.

Ane other of their cullours is a number of calumnies of our doctrine, where before the ignorant and unlearned, that understands not what we teache, they seeme to speake to them with some face, as if our doctrine did open a doore to sin; whereas howsoever as in other professions there are too many prophane among them, if all of them be not so, yet amongst us, the doctrine is not such that if any man be prophane or abuse the trueth that is spocken, he beares the blame himselfe and not the Lord.

Their third cullour is plausable humane reasones and discourse, drawen from the corrupt judgement of unsanctified men—as if men wer to sitt downe and lay the platforme of his owne Salvation, and not to leave it to the Word and to the Lord; but humane reasone shall prove a foole when it comes to the contrare of these two.

The grounds of their mistaking are thir—I. That they confound the decreet of God concerning the last end of man with the maner of the executiones of the decrie of the meanes: as, for example, they draw all their objections from the matter of Gods treating with the Visible Church, wherein God takes up the ridle and seif and fyne of his promise and commandments, threatenings, and conditionall offices, and sifts out the man that is his owne, and leaves the rest unexcusable. They draw out a decreit of this, as if God had been unresolved when he began to speake conditionallie to man—as if there had beine no more determinat concerning the man he had a purpose unto, nor the preacher that must speake to every ane of his auditours; and this error drawes verie deepe, for they make Gods decreit, reducit according to his frie will, layes Gods decreit by, whill man falles in his lappe, and so makes God resigne his Soverainitie, whill the end of the world they make man goe and God to stand by: for man will guyde the matter of his salvation by his frie will, and so they make God a spectator or a furnisher of directions only as he is called by the mans frie will. God comes in at frie-wills back and furnishes directions, and frie-will determines; and so they give a Godhead to frie-will, and makes God resigne his Soveraignitie quhill doomsday, and only now coming in at the back of free-will, following the designations of man.

Ane uther reason of theirs is this—that they extend the death of Christ only to a possibilitie of the salvation of all men, and to the possibilitie of the salvation of no man—making Christs death to have the oune operation sufficientlie, if Christ facilitat the way betwixt God and man; howbeit, Christ never got a man saved nor ever eat the fruit of his laboures, whereas our Lord was never so evill a Merchand as to lay downe his lyfe, and never will therefore, nor sick a foole as to make a bargane whilk might be suspended by mans fickle frie-will, who hes that much prudence that he forsee a losse or danger he will governe it.

A third errour is this—That they think Gods effectuall working in the conversion of man cannot subsist with the reservation of the nature of his owne frie-will, even as if the saints in Heaven, and the spirits that are perfyted, and Jesus Christ our Lord, in his manhead, had never done, nor could never doe, a turne but of necessitie, and nothing of frie-will; for, except they got this soveraignitie to mans frie-will, if the will of God overrule him, and determine him to doe good, presentlie they cry out, he’s destroyed the mans frie-will; as when a man preaches morallie to ane auditour, leaving nothing undone to persuad them by his word, he hes left their freedome never a straw the less.

According to the Popish and Arminian grounds, the man being left standing his alone, he must fall away from Grace; for sure Christ hes done all that can be done by a Mediatour, and then only stand besyde as a spectator (as they say.) I wonder nothing that they speake of perseverance as they doe; for if the world were left to us our alone, we would fall in the myre; whereas, in the perseverance of the Saints, the man and the master goes togither—the debtor and the cautioner goes togither—the captaine and the souldiour goes togither—Christ and the man never sheds; and howsoever we grant that without Christ we can doe nothing, and that if there were no more nor our strength, all would goe wrong; yet, with Christ, we are able to doe all things, and bring any thing about that he is to imploy us in.

Thair maine errour is this, (let me speake it with reverence towards your learning)—not knowing the Scriptures, and the power of God in the matter of the Covenant of redemption betwixt God and Christ; yet there is enough of it in the Scripture. They pointed at it themselves, which, if they should have followed, they might sein all their matter in the midst; for the Covenant of Salvation betwixt God and man is ane thing, and the Covenant of Redemption betwixt God and Christ is ane uther thing. The Covenant betwixt God and Christ was done and endit before ever there was a word of it in the world; but the Covenant betwixt God and man is by the meanes of the Mediator, which makes all sufficient, and he is our strenth and bulwarke; and when all their objections are made, we steppe to our Magna Charta, and where we can get any gripping we hold it fast, to wit—the Articles of a Superior Covenant made by Jesus Christ, our Mediator and Advocat, in which there are articles contradictorie to all Arminians, that so there shall be no more possibilitie of the breaking of these Articles, nor of garring God and Christ faill. When an end of a bridge falles, the uther must fall with it; so when our frie-will is the ane end, and Christ the uther, then must it stand; and heir, I say, is our bulwarke.

Their generall objections are three. The first is, that our doctrine is not good, for we terrifie them, telling them that God has a speciall election and speciall reprobation; and our doctrine, say they, is not good for tender consciences that are converted. We desyre no better answer for the tyme, nor retort their objections back againe upon them; and we say that their doctrine is not good for Conversion, becaus they keepe the man unhumble and unpenetent. They never gar a man say, “I have no strenth nor abilitie to doe any good to my selfe—Lord amend me!” But they keepe a man from denying himselfe, and how shall follow Christ? But our doctrine layes man in the dust, and garres him peepe of it: and so our doctrine for conversion is very fitt; and if our doctrine prevaile that farr with any man as to garr him grant that he hes nothing, then presentlie our Lord keepes him, and gives Grace to that unworthie bodie. Every man that takes with his sinfulness, our doctrine pulles that man in the armes of it. I say more: our doctrine drawes any man fra that—“I will not be saved albeit God bid me,” but garres him either come to a note, or professe himselfe to be hypocrite; and for these that are tender and weake, he caries the matter so, that he will not breake the bruised reid, if he grant he hes inlaiked and would be helped of yow, but if (a would be helped) he keepes him, and proppes him up on all hands. Upon the uther hand, our doctrine will not let a man lay his platt upon Heaven; that is, not in the way to it. It will not let him say he is a believer, except he be labouring to worke by love, and expres his faith be his obedience; and we retort this upon them, for they say it is in the mans power, when, how, and in what measure he will determine what he pleases; and so a man may say, “I am young, and I may delay till death comes, for it will come not so soone but I will get halfe an houres advertisement;” and so their doctrine opens a doore to sinning rather then ours.

Now for the grounds. Looke what the Scripture sayes for us, and that will settle the bussines. The last pairt of the 52 Chap. Esai—“Behold my servand shall deale prudentlie; he shall be exalted and extolled, and be very high.” There Christ is called the Fathers servand, becaus he was designed to take on our nature, and to bring in the Elect Children. It is said of him, that he shall deale prudentlie—he shall keepe up the doctrine of electione and reprobation, so that never man shall get the doore dung in his schafts that would be in, but does good to all, to the kind and to the unkynd, and layes no stumbling blocke before them that perisches. No man shall ken the reprobation of any; but election shall have many markes, whereby the man may climb up to the Palace, and by tyme read his name in the Booke of Lyfe. How will this matter be brought about, his visage was so marred more nor any man? They say that indeed Christ will get a blecked face by the gate; and he get this done, he must waide the glarre myre of our sins and the punishment thereof. Our Lord got his visage marred; but what will be uncertaine of recompence? This it was told him 5000 yeares agoe, that he should be exalted, extolled, and be very high, and that kings should speir for him. Take yow all good heart. The caus that we are about the day, Kings shall speir for it, and shall be forced to heare it in due tyme, by Christs wise bringing about the matter; and becaus men would thinke this universall, he tells in the beginning of the next chapter that it was for none but these to whom the Lords arme is reveilled. The reasons wherefore the reprobates would not believe:—he tells us there are some wicked persons, who, tho all the miseries were before them, and wer dealt with by never so many arguments to turne from their former wickednes, yet they will not leave their owne wayes, but wilfullie choyse the wayes of death of their owne accord. And (John 6) our Master telles—“All that the Father hes given to me shall come to me; and they that comes to me I will not cast out, but will raise them up at the last day.” He must keepe not only your soules but your bodies, yea, and your very dust, and shall never be tane aff the hand of the Sone of God till he render up the Kingdome to the Father.

Now I will close my Speache. By all meanes lett Christs parte in the Scripture, and the thinges that concernes his kingdome and persone be better studied by us; lett this Covenant, made betwixt God and Christ, and betwixt God and us through Christ, be better studied; for since the whole Byble takes the denomination from this Covenant, it is recommended to us to studie it better, where ye see our Lord hes tane course to make all thinges fast, and hes so wiselie expressed in the Scripture, that no man shall have leave to presume to despair, to be profane or abuse the doctrine of Grace upon any just ground.

Now for the theses. They shall be given in write ryplie at a convenient tyme.

1. There is a Covenant of redemption betwixt God and the Mediatour Christ, preceiding the Covenant of Grace and Salvation made betwixt God and the faithfull Man through Christ, which is the ground of all this treating that God hes with Man in the preaching of the Gospell.

2. In this Covenant of redemption betwixt God and the second persone, designed Mediatour betwixt God and Man, the elect wer designed and condescendit particularlie upon their number and names, with their gifts and graces of grace and glorie to be bestowed upon them, and the tyme and meanes to bestow it, was all condescendit and agried upon.

3. The pryce of the redemption, what and how much should be payit by the Redeemer for the purchase of all these gifts, how lang he should be holden captive of death, &c., all was determined.

4. The Mediatour was made sure of succes before he pat hand to the making of the world; and all the elect were given to him and their salvation put in his hand, with all power in heaven and earth given to him to bring it to passe; and so he is sure to find out the man to pursuade and convert, to lead him through toutches and temptations, through fears and falls, till he bring him to peace; and this refuge of the soule is a sufficient post against all Arminians doubts.

5. He manadges this matter in the dispensation of the Gospell so wiselie, as it gives no man any reasonable ground either to presume of Gods mercie or to despair of Gods grace; he tempers it so that the holiest man shall have no matter of comfort except he walke in the way of holinesse, and the wickedest man shall not be put out of hopes but to be receaved whensoever he will turne in to seeke Grace, and lyfe, and holiness in Jesus.

Then Mr Androw Ramsay was desyred by the Moderatour to speake somewhat of that subject.

Mr Androw said—I have nothing premeditat; but this shortlie, ex tempore. The question betwixt us and the Arminians are thir—1. Whether our salvation runs upon the hingers of our owne will or upon Gods grace? Our salvation is considered in five respects—1. As it is ordained; 2. As it is purchased; 3. As it is offered; 4. As it is applyed; 5. As it is perfyted.

First, as it is ordained, it depends on God, according as he forsaw mans warkes, (as they say,) and swa to depend on mans will. Some, he saw their warkes would be good, and he choosed them; some he saw their warkes to be evill, and he rejected them; and so they make the first originall chartour to depend on mans will, salvation being ordained.

2. Then it is considered as purchased, either actuallie or potentiallie; potentiallie, as Christ died for all; effectuallie, as it depends on our will; actuallie, he died for all. Who would receave his grace should be receaved, and who rejected should be damned.

3. As it is offered by God or accepted by us, it depends on mans will.

4. As it perseaveirs, it depends on mans will; and so they make his whole salvation to depend on his will. He elected us becaus he saw our will that we would accept grace, and died effectuallie for these whom he saw would accept grace, and that he would offer grace to such as he saw would perseveare.

(1) We say it depends upon Gods grace, and that he elected such and such to salvation when he might have condemned all.

(2) We say that Christs sacrifice was not offered for all, nor for one of the reprobats.

(3) That the effectual calling of man, when the Lord offers grace, the man may potentiallie reject, but not effectuallie; for he writts the law in his heart that he can reject it.

(4) It stands not by mans will, but by Gods grace; so the Arminians question our salvation in these poyntes, and says it depends on mans will. We say it depends on Gods grace. Our reasons are these—1. If it depend on mans will, and not on Gods grace, then Christ had not said, “I thank thee, O Father, that hast hid these things from the wise and prudent, and reveiled them to babes; even so, Father, because it was thy pleasure.” 2. If our salvation dependit on our will, then grace should depend upon nature, and should be a subservient caus to nature. 3. God, who is a independent being, should become a dependent being; for, if his will dependit on man, then Gods will, who is independent, should become independent. 4. Last, it is against that action in the schooles: for actus secundus should be prestantior primo; and so they give all the glorie to man, and we give it to God; and we have the consent of all the antients, and the whole Roman Kirk, (till of new some Jesuits has risen up,) that our election depends on Gods grace.

Then the Moderatour said—We have reason to blesse the Lord for his graceous providence, that, before this errour spread very far, it hes pleased him to nippe it in the bud; and God be thanked, who hes raised up some spirits in our tyme to acquaint themselves with this errour, that they are able to refute it. I have some tymes hard that there be two very small poynts, as would seem, wherein this great errour does consist. They are like two grammarians: the ane is, whether the word Elect, or, in Latine, Electi, is nomen or participium. The question is, whether we doe believe, becaus we are chosen to faith? They say God chooses men because they believe. We say this—That we are elected comes from Gods free grace. There is ane uther word about the signification of ante and pro. They take pro, that Christ hes died, pro omnibus, for the behove and benefite of all. We say that it hes ane uther signification, vice omnium—I meane as Scripture takes it—that is, for all sortes, and if it be tane vice electorum they must be saved in whose place Christ hath died.

[Bishop of Orkney’s Submission.]

After that there was ane Letter from the Bishop of Orkney, and produced by his sone, wherein he submitted himselfe in all respects to the Assembly.

After that, Sir Archbald Stewart of Blackhall, as Counsellour, declaired, by Mr John Hamiltoun, his Minister, that he subscryved the Confession of Faith, as it was first subscryved in the year 1581.

After that, a young Gentleman, of excellent pairtes, called Mr Joⁿ Forbes, brother-German to Craigievar, who had bein in forraigne countries, and in ane Universitie in England long, and drank in the love of the customes of these Churches, and, after he came to Scotland, was confirmed in the lyke opinions in Aberdeene, by the Doctors there, and came onlie occasionallie of purpose to have stayed but ane night, and then retired to Ireland; and, seeing the progres of this Assembly, it pleased God so to worke with him that he was enamoured with it, and, contrare to his former resolution, came in before the Assembly and subscryved the Covenant.

Mr David Mitchells deprivation.

Then was Mr David Mitchells proces red, and the Acts of the Kirk was red in the caces of deprivation.

The Moderatour said—There is a difference betwixt the censures of the Kirk of England and ours. They make a difference betwixt deprivation, deposition, and degradation. They say, deprivation takes away his benefice, deposition his office, and degradation, according to the Priests of old in the Bookes of Martyres, were degradat when they made apostacie from the Roman Religion; and they mentained, with the Papists, that, notwithstanding of all their Censures, there remaines something which they call character indelibellis, which is a certain impression put upon the saule of a man when he receives ordination; but they themselves cannot tell what it is. But censures usit in our Ministers, beside admonition, ar suspension, deprivation, deposition: Suspension for a tyme from exercising the function of the Ministerie; deprivation and deposition we take to be ane, becaus, when he is depryved of his benefice, so of his office. There is ane of thir censures alreadie put on Mr David Mitchell, Minister in Edinburgh. Now ye have to consider what ye have to doe further. Ye have heard the proces, and he has declyned the Assembly, contrare to the Act of the Generall Assembly at Sanct Androwes, the year 1595.

Then the Moderatour asked Mr Robert Douglas opinion, who answered—He is clearlie convict of Arminianisme and many Poyntes of Poperie, and the Censure of the Kirk is deprivation for his false doctrine, and excommunication for declyning the Generall Assembly; therefore, I thinke this Assembly should extirpat such birds, least the Kirk receave prejudice heirafter.

Mr Androw Ramsay said—That he promised to forbeare such doctrine, but did it not; and not only declyned this Assembly, but used meanes to stoppe the course, by letters from the Bishop and Commissioner, commanding the Presbitrie to [desist] from any censure. Therefore he deserves deposition.

Moderatour said—This is a sufficient ground of a Sentence against him, that his doctrine is the doctrine of the remonstrances that they avowed at the Counsell of Dort, contrare to the doctrine of all the reformed Kirkes, whose Commissioners were there; and consequently to the doctrine of the Kirk of Scotland; for he defends universall grace, resistabilitie of Grace—efficacie of Christs death—apostacie of the Saints; so he is both convict of heresie, and obstinatelie glories in the venting of it; and so in respect of his false doctrine and declinatour, merito ejiciendus.

Then the rows were called, and the whole Assembly voiced to his deprivation.

Moderatour said—There is none here, I am sure, more loath to pronounce a sentence of deprivation nor I, who never did the lyke; yet, since place is given unto me, in name of this Assembly, and in name of Jesus Christ our Saviour, I declair, that Mr David Mitchell shall no more exercise the function of the Ministrie; and, for that whilk is laid to his charge, he is not worthie of any Ministration of the word and Sacraments in the Kirk of God, and declares his place to be vacant; and ordaines the Presbitrie of Edinburgh to make intimation thereof in their Kirkes.

Sess. 12. [Decʳ 4. 1638.]

After prayer to God, there was a long and learned speach against Arminianisme, uttered by Mr Robert Baillie, Minister at Kilwinning.

Then the Commissioners of Edinʳ declared to the Assembly—That the Citizens of Edinʳ, so soone as they heard their Ministers had declyned the Assembly, they were in such a rage against them, that they would neither heare them preaching, nor joyne with them in their Sessions; therefore, they cravit the benefite of the Acts of the Assembly; and in respect it would have tane up meikle tyme to have heard the particular clauses of everie ane of them, the Assembly resolved to delegat some men, who should have full power and Commissione from the Assembly, to heare and examine all complaints given in against them, and, if they deserve deposition, that they shall have alse great power to pronounce it as the Generall Assembly, according to the Customes of the Assemblies of the Kirk in former tymes, who may transmit the power by Commission, quoad ad huno effectum. Some Complaints were given in against Mr George Sydeserff and Mr Wᵐ Maxwell, qˡᵏ was red, and proces produced against the persone of Leith, and Mr Joⁿ Watsone. The Commission hes power upon all the forsaids persones in Edinburgh, Leith, Canongeit, and Dumbar.

The names of the Commissioners—

Mr John Ker, Mr Androw Blackball,

Mr James Fleyming, Mr Joⁿ Oswald,

Mr James Porteous, Mr Robert Douglas,

Mr Richard Dicksone, Mr James Symsone,

Mr Robert Cranstoun, Mr Frederik Carmichael,

Mr Alexander Hendersone.

Nobles—

Rothes, Montrois, Lowthian, Lindsay, Lowdoun, Balmerrino.

Barons—

Auldbar, Waughton, Schirreff of Teviotdaile.

Burgesses—

Mr George Gray, Mr Robert Cunninghame, or any thirteen of them, 7 thereof being Ministers. They are to sitt doune before the end of Januar.

Then some Ministers were sworne before the Assembly to depone faithfully to the Committie upon the complaint against the pretendit Prelate what they know—namely, Mr James Blair, Wᵐ Dalgleishe, Androw Andersone.

Then there was a proces against Mr Alexʳ Gladstanes, Archdeane of Sᵗ Androwes; and the whole Assembly voited to his deprivation, and the Moderatour pronounced the sentence.

Then the Committie, that was appoynted to be upon the nullatie of the Assemblies, gave in their reasones, quhilk wer all red, and verified by Acts of uther Assemblies, the Presbitrie bookes, and the King’s Letter.

The Moderatour told that the Acts of Linlithgow Assembly were sent up and doune to Court; and, at last, when they came home, there was ane Act shifted in among them, that these who were Bishops, ratione beneficii, (for there was no such office,) should be constant Moderatours of provinciall Assemblies, and this was proven to be false in Mr James Nicolsones face, and the clerk called Philip, which was the caus of the said Mr James his death. John Stewart, Provest of Dumbar, was there, and told that he never heard such a thing voited. Adam Colt, Mr William Watsone, Mr James Carmichael, Mr James Cauldcleuch, Mr Androw Melvill, Mr Wᵐ Scott, and uther worthie men of the Ministrie, were sent to Court and detained quhile this present Assembly should passe.

Mr John Ker told, that, in the Assembly 1608, all the names of the Nobles, Barrons, Burgesses, Ministers, directed by the King, voited without any uther Commission, and the 13 Bischops, and from sundrie Presbitries, four or fyve Commissioners.

Mr John Row said—I was not Commissioner to the Assembly at Glasgow 1610, but I was Moderator in our Presbytrie for the tyme, and Mr George Gledstaines brought the Kings Letters, quhilk is registrat in our bookes, and he brought three particular Letters to thrie brethers of the Presbitrie nominat by the King to goe to that Assembly. I, with the advyce of the brether, made them stand and swear, as they should answer to Jesus Christ, that they should admit no alteration in government of our Kirk, nor consent to any thing that might derogat from her former auctoritie. They went to the Assembly, and, when they came back againe, we asked at them what they had done or concludit: they would not tell us. Alwayes ane of them, that had gotten no gold, said—“God be thanked I have gotten nothing.” The other two said nothing; and we thought thereby that they were in the calke. There wer thrie sorts of voits at that Assembly—affirmative—negative—and non liquet; and he that said non liquet gat nothing; and this brother of ours, Mr John Stewart, voited non liquet, and a friend of his, Patrick Stewart, hearing that he said non liquet, said to him, (not knowing what non liquet meaned,) “How now, cusigne, they say devill belicket yow gatt?” Alwayes the uther two that had gotten it, would not declair what they had done. The God of Heaven made it manifest what they had done; for ane of them, Mr Andro Foster, fell into a pittifull sicknesse, for he had taken silver out of the poore folkes box with false keyes. It came to passe that he, not being gifted for such ane place, his parochiners would fain have beine quyte of him, and desyred him to dimitt his place to Mr John Murray, and offered him a great soume of money, and lykewayes offered to get him a landwart kirk, and, if his stipend were not good, they promised to make it alse good, whereto he would not consent; but, through vehemencie of sicknes, troubled in mynd, feares and terrours of conscience that God struck him with, he was in a pittifull case, and even readie to put hand to himselfe, as I can bear witness, who was sent for to comfort him. He tooke apprehension of a word that Chancellor Seaton said to him when he reveiled to him what he had done—“that it were well waired he wer hanged.” He apprehendit that he would be presentlie tane and hangit; but, having perswaded him of the contrair, I desyrit him to tell the trueth to Gods glorie, and he promised to answer me of any question I would propone; and I demandit of him, first, saying—“Brother, are yow perswadit in your heart that God calls yow to the Ministrie?” who answered—“Nay, nay, I soght ever the world, and so seene on me.” Secondlie, I asked at him—“What he gat in Glasgow for selling the liberties of the Kirk of Scotland?” He said—“Fyftie merkes.” I said to him—“It is good for yow to prepaire yourselfe for death;” whereupon he apprehendit that he was presentlie to be execute. I besought him to pray. He said he could not; but desyred me to pray for him, whilk I did; and, in the tyme of the prayer, all the buttons lapp aff his breast, and [he] bled horriblie at mouth and nose. After prayer, I asked him—“Are yow prepared to die?” He answered—“No, woe is me!” Said he—“If you would spare my life till the morne, I would be better prepared;” and requested me to deale with Patrick Stewart for his life, and might I give him assurance it should be so; so, the morne I came to see him, and he was benumed, and wist not what he did or said, and granted that he was not in the case he was in before. At last, he deserted his calling and came to the Presbitrie, and gave over his place to Mr John Murray. And the lyke fell out too with Mr Wᵐ Patoun; for he gat uther fyftie merkes: and, the poore folkes box being broken in his house, the Bishop, at his visitation, made him to lay downe uther fyftie merkes for it, and so he had no vantage for that shift.

Mr David Dick said—Doctor Wᵐ Guild and I was auditors of ane who was a verie penitent man, for taking some money at their Assembly. He confessed he gat 40 punds; and we asked what he did with it? He answered—he bought ane silver satt fatt with it, and he said “there was no more to give me.”

Doctor Guild said—In trueth there was some money in dealling, but he came to the hinder end and when the purse was weill neare teemed.

Mr Joⁿ Ker said—I know a minister, Mr John Lawder, that came when the bag was almost teemed, and the Earle of Dumbar, who was his patron, said—“Well, Mr John, yow are too lang a-coming, for I have no more left but ten punds, 40ᵈ less,” and that he gat.

Mr Thomas Mitchell said he had a good-brother that was there, and when he came hame he was asked what he gat. He answered, he saw it in dealling, but not a penny he gatt, but was threatened by the Bishop to be sent to Ireland.

Mr Simeon Johnstoun said—He was there, but gat no money; only went thither upon the Kings Letter.

The Moderatour said—That might weill be your rewaird.

Then diverse other of the brethren arose and declaired that there was both money taken and given at that last Assembly, and lykewayes they nominat sundrie that had receaved it. Then the reasons for the nullitie of the pretendit Assembly at Aberdein 1616 was red and proven to be valide.

The Reasons of the nullitie of Perth Assembly 1618 was red and fund valide, and Mr Laurence Kinneir told that his name was put out and uthers wer put in the rows.

Mr George Muschet said—Some that came with Commissions, because they trowed their voice would be negative, their names wer put out, and Mr John Murray offered three or foure tymes to speake the pretendit Moderatour, but gat not libertie; and when he came hame he said he never saw [such] ane ordour at ane Assembly.

Mr James Cunninghame said—The Bishop or pretendit Moderatour, in his discourse which he had be way of preaching, he was there labouring to cleare himselfe of any imputations which he said was layd on him for being the devyser of the 5 Articles. He tooke aff his hatt, which he had on all the tyme of the preatching, and attested God that he never knew of the 5 Articles till the King sent them doune, and commanded to ingrosse them in the Assembly; and Doctor Lindsay, who was the man that answered all the arguments, when it came to the voiting, said, “I confesse there is neither Scripture, antiquitie, nor reason for them;” and farder, he was heard say, “If either reason, Scripture, or antiquitie had place, he will tyne the cause.” The question was stated, whither, in respect of the Kings Commandment, the 5 Articles should pas or not in ane Act? And it was urged onlie to be acted in the Assembly bookes, and the Bishop said they should never be urgit with the practice of them; and the Bishop of Galloway, directing his speache to Mr James Carmichael, said, “Yow may see we conceaved the Act be way of Councell and not be way of Command,” and so, many gave way to the inserting of it in the booke for the Kings pleasure, who for conscience sake would never have practised them.

The Moderatour said—Brethren, I think when ye read constitution of Synods, and these conditions that are essentiallie requyred for making up of lawfull Assemblies and Synods, ye will find many peccant humours in these Assemblies against these rules, and ye will find scairce any of them keeped. I have sundrie tymes considered the Conditions that all divines think requisite to be keeped in Assemblies, but I could never see ane of them keeped in their Assemblies, especiallie in that of Perth.

Mr David Dalgleishe said—I remember it was said that these articles seemed to Poprie, and the pretendit Moderatour said he would meet the Pope midgate; and in voiting they wer commandit either to grant all or deny all, for the Articles wer all voited together.

The Moderatour said—If there be any other brether in this Assembly that hes any uther particular concerning Perth Assembly, let them now declair it before it goe to voiting, and let us doe all out of cleare light, solide knowledge, and certane persuasion, that we pass not from it the nixt day. Ye know what pitiful perturbations and tragical tribulations hes bein upon the urging of these articles, and we have reason to blesse God, who this day calls them to examination. I think there was four yeares betwixt the closing of the Assembly and Parliament that ratified it, and all the tyme betwixt, there could never a certane forme be gotten of that Act. Alwayes brethren, becaus this is a matter of importance, and I would have you all fullie perswaded in your mynds; any man that hes anything to say, he hes now tyme.

The Assembly was all silent, and thereby declared their satisfaction. Then the rolles wer called, and the whole Assembly, all in ane voice, without contrare voice, declaired all the forsaids Assemblies to be null.

The Moderatour said—Ye have voited unanimouslie; and these Assemblies I trust be not only null, but hereafter shall be a beacon that we stryke not against such rocks; pathemata nothemata, nocumenta documenta.

Then the Moderatour pronounced, in name of the Assembly, these Assemblies to be null, in these words:

The Assemblie heir declaires these Assemblies to be null—to have no ecclesiastical nor civile authoritie; and consequentlie whosoever practises any thing under pretence of their authoritie, shall be censured.

Sess. 13.—5 Decʳ 1638.

After in calling on the name of God,

The Moderatour said—We have great reason to blesse the Lord for these very cleare and sensible demonstrations of his presence amongs us, both in veritie and unitie, as we did sensiblie find yesterday. There is none of us that hes now assented to the declaration of the nullitie of these Assemblies, but they can gather such ane appendix as this, That since these Assemblies ar null, no oath that were taken of any Minister shall have any further obligation; and if these pretendit Assemblies had no pretext of ane Assembly, and the rest that wer pretendit to be Assemblies, are declaired to be null: and this was ane great pairt of that intolerable tyrannie and yoke that was upon the neck of this Church; and since all these things are now in effect dischargit and declaired to be null that were concludit in these Assemblies, we ought all to turne to our former practice, warrantable by lawfull Assemblies and customes of this Church, and, no more to be acknowledgit, the power of these null Assemblies. And sicklyke since Presbyteriall power was tane away by these pretendit Assemblies, their power is now returned againe; and therefore let all of us use it when we goe hame.

Mr David Dick said—I desyre that that may be insert in the bookes of the Assembly; and becaus that some Ministers are admitted be Presbitries, wham the Bishops refused to admitt, it wer good it wer ratified in the Assembly.

The Moderatour said—That which they have done in Presbitries, according to Presbyteriall order, cannot be null.

Lowdoun said—The corrupt Assemblies, which are now declaired to be null, was a impediment to the positive grounds and the government of the Kirk, and therefore these considerations that are propounded heir, tho’ they follow ex consequentia, divers [deserves] to have a severall act by themsellf.

Moderatour said—I think it necessar that all bands and yockes be tane off this Kirk, that all that are of the Ministry may find and acknowledge their libertie; but let thir things be referred to the hinder end of the Assembly.

Then was there some witnesses sworne for information according to their knowledge concerning the Bishops of Galloway and Brechin, namely Mr Hugh Huchesone, Andrew Agnew, James Agnew, Allan M‘Gill, Mr George Home, Mr John Weymes, Mr Lawrence Kinnier, Mr Mathew Weymes, Mr Alexʳ Wedderburne.

Then there was a proces produced against Mr George Hanna and the Minister of Dirleton which are referred to the Commission at Edinʳ.

After this there was a proces produced against Doctor Hamiltoun, and the executions produced; and the officer reported that when he summoned him, he bad him hang himself—he was not a treatour to compeir before rebells; and that he was ane honester man nor any that sat at Assembly. Then he was called on, and ane day assigned for the witnesses.

Then Mr Wilkle, Henry Stirling, Sir Robert Boyd of Bonschaw, Mr David Elphingstoun, Mr Hendry Semple were sworne to declair what they knew against Mr James Forsythe, Minis292 ter of Kilpatrick, to the Commissioner for the Billes.

Complaint against the Prelats.

Moderatour said—Now let us goe on in the great complaint against the Prelats; and if there be any thing done in it, let it be accuratelie and orderlie; and that it may be upon some sure grounds, for our proceedings will be strichted to the uttermost.

Yoe know there was two sorts of accusationes given in against them. The ane was generall, and that was the breach of the Caveats that was put upon them to keepe them. The Moderatour said—The uther was particular faults against them. Let us first examine the generall, and be very exact in it becaus the examination of ane is a rule of the rest.

There was the Complaint against the Bishop of Sᵗ Androwes red, and it was found that he had sworne the Caveats at his admission to the Bishoprick of Glasgow, bot he had not subscryved as the first Caveats requyres.

Mr John Livingstone said—That his father declaired to him that he was present at the Bishops admission, and heard him swear; and a little thereafter he went to Court, and, being reproved by King James for swearing of the Caveats, he purchased a testificat from the Presbitrie of Glasgow that he had not sworne and subscryved, quhilk was true, being tane conjunctim; whereas he was adstricted to doe nothing in Parliament to the prejudice of the libertie of the Kirk, but by warrant from the Kirk. It was found that he had divers tymes voited in Parliament to the prejudice of the Kirks libertie, but never had a warrant from the Kirk, quhilk poynts wer notour to the whole Assembly, and declaired by Rothes, Eglintoun, Lowdoun, Mr Robert Blair, Mr David Dalgleische, Mr Joⁿ Grahame, Mr James Martine, and Mr James Sibbald, to be most true.

Moderatour said—Since the Kirk of Scotland, who should have given him a warrant, is heir, and declaires he had none from them; and, lykewayes, since he compeires not to shaw his warrant, it is cleare he never had any. It was also found that he had sett tacks, and sold patronages to the prejudice of the Kirk; and diverse noblemen declaired that he had sold patronages to them, and they said they tooke their pennyworthe of him.

Lowdoun and the Laird of Blair, Provest [of] Dunbarton, and Mr George Young, wer taken sworne to declaire to the Committie what they knew in this particular.

Whereas the fyft Caution requires residence with their flocke, to be present at their Presbitries, the Contrair was notour to all the Assembly; and the Moderatour declaired that this 20 year he heard not 3 exercises in their Presbitrie.

The 6 and 7 Cautions were more manifest to the whole Assembly. The breach of the 8 is evident by their declinatour, whereas they call themselves “the Representative Kirk.”

Lowdoun declaired—That when our Petitions were framed and given in to Counsell, the pretendit Bishop rejected it, becaus it bure, “in the name of the Kirk and Clergie joyning with the Nobles, Gentlemen,” &c. The Bishop of Sᵗ Androwes answered, “Whom call ye the Kirk? A number of baggage Ministers, worthie to be banished; ye shall understand that we are the Kirk.”

This James Cochrane witnessed also; and Mr James Bonar declaired that in a Convention of Bishops at Leith, he heard them say these words: “They say that they are the Kirk, but we are the Kirk, and it shall be so; who will say the contrare?”

[Process against John Crichtoun.]

Then there was a proces given in against Mr John Crichtoun, Minister at Pasley, whilk was red. It contained many blasphemous poynts, both of Arminianisme and Poperie—about 48—besyde his scandelous lyfe. Then the roll was called, and the whole Assembly voited to his deprivation.

Then the Moderatour said—Though it be our parte to doe what the Lord hes commanded us, we should doe it with griefs and compassion of heart; for a just sentence may be pronounced with ane evill heart: notwithstanding, we ought to have hope that the Lord will give him repentance; but since ye have thought him worthie of deposition, In the name of this Assembly, and in the name of Christ, our Lord, I depose him from all function of the Ministrie, both in doctrine and use of Sacraments, and declaires his place to be vacant.

Sess. 14. [December 6, 1638.]

After prayer to God, there was some witnesses sworne to give their information concerning the Complaint [against] the Prelats—as namelie, Doctor Guild, Mr David Lindsey, Mr David Young, Mr Alexʳ Robertsone, Mr Androw Strauchane, Mr John Rutherfuird, Mr Thomas Mitchell, Mr David Forrest, Mr Wᵐ Menzies, Mr George Robertsone, Mr George MᶜGill, Mr George Fleyming, Thomas Durhame, Mr George Muschet, Mr George Grahame, and James Row, Archibald Campbell, Mr Robert Bruce; and becaus these persones are witnesses, they cannot be judges, and therefore they cannot sitt heir as voiters in that particular.

The Moderatour said—Ye know there was a Committie of some learned and worthie brethren anent the Service Booke, Cannons, &c., and we trust their labours shall have a large approbation of yow. Ye shall heare some of them red unto yow, which we hope shall give great light unto your mynds. Take head to them that you may be able, after the hearing of them, to the voiting, that after the declaration of your mynd, ane act may be drawen up such as beseemes the General Assemblie, and that by the auctoritie of this Assembly, order may be given for printing a Treatise which may be a guard for the posteritie to come against such evills, and perhaps for uther Kirkes also; and albeit the laboures of our worthie brethren take up some tyme in reading of them, I hope we will not wearie, becaus there are many notable poyntes of heresie and errour in these bookes; and since there hes beine great paines taken by the authors of these bookes thir many yeares in frameing of them, I hope ye shall find it a well bestowed day, to see the darknes and errours of them discovered; and I am sure it will be more delectable for us to heare thir thinges reading, nor to have bein reading these Popishe bookes ourselves in our churches.

Then there was a large and learned Treatise red by these reverend brethren that were in that Committie, descryving the Idolatrie and Superstition of the Service book, the tyrannie and usurpation of the Booke of Cannons and Ordination, and the unlawfulnes of the High Commission, which gave great satisfaction to the whole Assembly.

The Assemblies condemning the Service Booke and High Commission.

Then the Moderatour said—Your Honours and Wisdomes all know how this Church hath bein burdened with these great weights and multitudes of evills, the Service, &c. Ye know also how a great parte of the Subjects of this Kingdome, of all rankes, did joyne together in a great, peaceable, and humble maner, and did supplicat his Majestie against these manifold and great evills; and when at the first, they had not such great hope as utherwayes they would have wished, to have beene free of these great evills, how they joyned together in that Confession of Faith and in a publict declaration, that in their judgement these evills were abjured in the Confession of Faith 1580. Ye are acquanted with the words wherein these same evills are abjured; “and becaus efter due examinatione we plainlie perceave and undoubtedlie beleive that the forsaids narations and evills,” &c. Ye know it pleased the Kings Majestie at last to discharge all these bookes and High Commission, for the which we have reasone heartilie to thanke his gracious Majestie; and it hes pleased God, by the indiction of this present free Generall Assemblie, to bring us all heir, and is now calling us to give our judgements concerning these bookes and High Commission. I did not thinke that any of yow neids any farder information, both becaus the Kings Majestie hes discharged them alreadie, and becaus it is not the first day that ye have heard of them, but hath informed yourselfes of the evill of them or now; and though your judgements had not bein prepaired by the laboures of our reverend and learned brethren, I put no question but ye would have done it before out of verie cleare light. Ye know ye must consider whether these bookes and the High Commission have bein brought into the Kirk without warrant of the Kirk, contrare to the order thereof, whether they containe thinges abjured in our National Confessione of Faith we have latelie subscryved—and, in a word, whether they be by this National Assembly to be condemned?

Then Mr Alexʳ Somervell raise up and spacke.—I approve the travells of our worthie and learned brethren, which, I hope, hes given full satisfaction; and for these proud men who gives proud titles to them quhilks, calling the Service Booke “a booke of commone prayer;” for it is commone to all the reprobat that walke in the broad way; and, for the uther booke callit “Cannons,” it is a name which is given to Scripture itselfe; and for their owne pride, they were not content with that which kirk, country, and parliament gave them, but would rise above all; and nothing would satisfie their unlimited ambitione. It seemes that Gods hand is upon them in this instance, and not only will take from them that which they have usurped, but also that which was given unto them; ffor as long as there was nothing concludit but the Five Articles, many were deceaved with their indifferencie; but now their courses are discovered, and it is weill knowne now they are leading us toward Rome; and we have reasone to blesse God that by the Kings majesties indiction of this Generall Assembly, they are now coming to voiting. And if personall faults be so worthie of censure, much more their ministeriall errours which crosse that holy calling; and, therefore, I hope ye are all readie, not only to give sentence against these bookes, but against the authors of them.

Then the Moderatour stated the question—Whither doe ye reject or condemne these Bookes and the High Commission, for the reasons foresaids, or not?

Then the Clerk called the rolles.

Mr Alexʳ Kerse being first called upon, said—As for these bookes, sepeliantur sine honore: as they were hatched and introduced in ane unlawfull maner, let them be buried with reproach and shame, and send them ad infortunatas insulas. As for the High Commission, no tyrannie is of long durance, and, therefore, with a short cutt, I abjure it.

Mr Thomas Ramsay said—I reject them to the jacks of eternal destruction.

Mr Androw Cant said—I think the High Commission like the Spanish Inquisition. I think the Booke of Canons full of Popishe and Pop-lyke tyrannie. I think the Service Booke full of superstition and massing Poperie; and I think that Booke of Ordination, like the beast in the Revelation, with which none could buy or sell; and, therefore, I abjure and condemne them all.

Then all the rest of the Assembly, without a contrare voite, rejected and condemned them all.

Moderatour said—We have very great reason to acknowledge the goodnes of God to us, that joynes us together after such a maner, in giving so ample a testimony to Christ our Lord, and so large a testimonie against the worke of Antichrist in this land; and every one of us should wishe for the same spirit to goe on with us to the end of the worke.

Then divers of the Assembly desyred that the labour of these worthie and learned men might be put to the presse, whilk was promised.

Then there was some desyred to depone their oathes concerning the Bishop of Galloway, Mr Robert Aird, Neven Agnew, Mr George Gillespie, Mr James Bonar.

Then there was a commission nominat for Dundie and some adjacent paroches, for taking order with some transgressions in their ministrie and in Angus, as namely—

Mr Alexʳ Hendersone, Mr Alexʳ Bisset,

Mr David Dalgleische, Mr Alexʳ Cunninghame,

Mr John Robertsone, Mr George Halyburtone,

Mr Andrew Wood, Mr Frederick Carmichael,

Mr George Somervell, Mr John Robertsone,

Mr Silvester Lammie, Mr James Lightoune,

Nobles—

Montrois, Sinclare,

Lindsey, Cowpar,

Barrons—

Auldbar, Din,

Fintray, Newtoune,

Scottiscraig, Auchterhouse,

Thomas Durhame, James Sword,

The quorum ij, whereof 6 ministers being alwayes present; and so their session dismissed.

Sess. 15.—Dec. 7.

After in calling upon the name of God,

There were some witnesses sworne to depose what they knew against Mr William Annand—namely, Mr James Bonar, Mr Thomas Garven, Mr James Cunninghame, Robert Gordoune, John Knyᵗ, John Kennedie, Mr John Bonar, Mr Wᵐ Smyth, James Cochrane, Adam Dalrymple, John Patersone, Wᵐ MᶜAdam, Wᵐ Spier, Thomas Blair, Wᵐ Patoun, John MᶜNire, Mr David MᶜCorne, Mr Johne Burne, Mr John Hamilton, Mr James Baillie, Mr James Scharpe, and Mr Robert Baillie.

Against the Bishop of Dumblane—Mr Henry Livingstoune, Androw Raid, Mr John Duncane.

Against the Bishop of Edinburgh—Mr Robert Murray, Mr George Gillespie, Mr Alexʳ Symmer, John Blyth, Joⁿ Weymes, Mr David Dick.

Then Mr James Stewart brought in a letter, and produced before the Generall Assembly, which came from the Bishop of Dunkell, wherein he humbly submitted himselfe to the judgment of the Generall Assembly; and Mr James Steuart shew ane letter written to himselfe, wherein he had given him commission to intreat his reverend brethren not to rank him among the rest of the Bishops, in respect he had neither subscryved the declinatour nor protestation.

Then there was [a complaint] given in against Mr George Halyburtone, and red, wherein he was accused for sacriledge for declyning the Presbitrie, and for denying some of his parochiners the benefite of baptisme, marriage, buriall, and uther benefites of the Kirk. The Assemblie, having manie weightie and grave matters and affaires in hand, remitts the same back againe to the Presbitrie of Sᵗ Androwes, and adjoyned unto them, in Commission, the Earle of Rothes, Mr Robert Douglas, Mr Robert Cranstoune, &c.

Then there was complaints given in against Mr James Fleck, wherein he was accused for defending universall grace; who answered that he did never defend it, as a parte of the doctrine of the Arminians; but only that he said to the gentleman that he should not thinke hardlie of him for that, because it was the doctrine of the Lutherian Kirk. I confesse I citted two texts of Scripture—John 2. 1, 2, Pet. 2; but I was never of that opinion that Christus mortuus est pro singulis. The Assembly, finding it would consume much tyme to discuss the particulars, and that they had weightie occasions in hand, did appoynt a committie for that effect—namely Mr Matthew Brisbane, Mr Alexʳ Somervell, Mr John Moncreiffe, Mr John Maitland, and Mr Samuel Rutherfuird.

[Bishop of Galloway deposed, &c.]

Then were the Articles that were approven against Mr Thomas Sydserff, pretendit Bishop of Galloway, given in; and it was sufficiently proven and notour to the whole Assembly that he was guiltie of the breach of the Caveats, besyde many poyntes of Poprie and Arminianisme, and many grosse personall faults.

Then was red the paynes and censures of the Caveats furth of the Acts of Assembly.

Then the Moderatour said—We must not esteeme of mans faults according to the worlds estimatione; for ye know if a man be not a drunkard, a theiff and robber, &c., in their estimatione he is a good man, whatever fault he has utherwayes. But we of this Assemblie ought to thinke utherwayes; not that I would extenuat the foir-named faults, but are to consider their habituall and ordinary transgressions of a publict law is a great guiltines; or, as schoolmen speakes, spiritualia peccata are greater than temporalia peccata. So say I. The preaching of false doctrine, and venemous poysone of that kynde, to bring the people from the trueth of their profession to Papistrie and Idolatrie, must have a great censure; and, consequently, the breach of these Caveats by him, the declyning of this Assembly, and the bringing in of the Service Booke—which you have alreadie censured and condemned for the manifold guiltinesse that it hes in the bowells of it—he deserves no lessa than excommunication. I remember in the English Church there is a sort of excommunication which the Papists call excommunicatio lata—that is, when the man committs the cryme, he shall be declaired to be excommunicat. And there is two sortes of excommunication used in this Church: the one is called summar excommunication, and the uther uses to have admonition before, and is propter contumaciam. Summar excommunication hath beene used in this Church in two cases and was for hynous crymes. The uther was when the Kirk was in danger by suffering of such a member—as a rotten member is cut off least it should corrupt the whole bodie. The uther, which is propter contumaciam, is knowne to all men. In respect that this pretendit Bishop of Galloway is guiltie of contumacie, being cited to compeir heir, and having declyned this Assembly, his excommunication cannot be called summar, but propter contumaciam. It is pittifull to see some hath such a great conceat of their owne words, learning, and engyne that they will not be ranked among uthers; but, as they thinke themselves above uthers in gifts, so they thinke they should be advanced above them in place—and, therefore, ane ordinary stipend cannot content them; and then they begin to tyre of preaching and catechising; and thus are tane away with the pleasures and caires of the world and idlenes. Therefore ye have to consider what shall be their censure; and least you eire, ye shall heare some articles that were gathered out of the Acts of the Generall Assemblies of the Kirk, as lykewayes ane Act of 9 Parlᵗ K. Ja. 6., wherein is exprest the censures that is due to them. And ye shall understand, whatsoever sentence the Assembly shall thinke fit to pronounce against these, when it is all for their good—for the destruction of their fleshe that their saule may be saved in the day of the Lord. But let us remember that these that are deponed witnesses against them sitt not heir as voiters.

Then the Moderatour desyred some of the brethren to give their advyce how they should proceed in that mutter.

Mr David Dick said—It is weill enough knowne that they, having exeemed themselves from ane particular flocke, and from the censure of Presbitrie, and acknowledged no kind of Judicatories but only the Generall Assembly, whilk cannot alwayes sitt; and, therefore, for the wronges they have done to Christ Jesus our Lord, and to the poore Kirk of Scotland, which they have tossed to and fro now these sixteene moneths; and, notwithstanding that everie sermon hes bein taught all this tyme hes bein a summonds for them to repentance, yet doe we see no appearance of it, but a constant ongoing to bring this Kirk to ruine—stirring up the Prince against the people: therefore, my opinion is, that we declair our zeale for the Lord; and that the last censure which is the meanes to humble proud men, be given out against them though they should laugh at us for so doing; for since neither the troubling of this poore Kirk, nor our prayers and teares could humble them, it is good the last meane be assayed, and solicite God to voiting.

My Lord Lowdoun said—The not appearance of these men upon their citation and declyning of this Assembly, proves their contumacie.

Moderatour said—Their great guiltinesse is notour to the world; and yet, notwithstanding of all, they could never cry so much as peccavi; and since we excommunicat all that wer Papists, and disobedient to preachers and pastors, from partaking of the holy Communion; since they are guiltie of both, why should not the censure pas against them? I will read some words of a reverend Father, Mr Andro Melvill. When the Bishop of Sᵗ Androwes was to be excommunicat, he said, “That old dragon had so stinged him with avarice, and swalled so exorbitantlie, that he threatened the destruction of the whole bodie, if he were not cutt off.”

Then the Moderatour stated the question, which was this—Whither Master Thomas Sydserff, pretendit Bishop of Galloway, upon things layd to his charge—the breacking of the Caveats—for preaching of false doctrine, Arminianisme, and Papistrie, and bringing in of the Service Booke—whither he shall be deposed and excommunicat, or not?

Then the rolles were called.

Mr Alexʳ Kerse, being first nominat, answered—I chanced lately to see ane Extract of ane Act of a Generall Assembly holden at Glasgow, Appryle 26, 1580, wherein is registrat that the Bishops of Isles, Aberdeine, and Sᵗ Androwes submitted themselves to the Assembly, and I looked that our oune Bishops should have done the lyke; but instead of their submission, whereby they might have quenched the fire that they have kindled, they have addit contumacie; and the said Mr Thomas Sydserff is Incendiarius. Soloman sayes, “he that breakes doune ane hedge, a serpent shall byte him;” and they have brocken doune a hedge, and therefore the serpent of sharpe excommunication shall byte them. And since he is alse guiltie as any, he deserves excommunication, so abscindatur quem nos perturbatur.

Then the rest of the names were called; and the whole Assembly in ane voite unanimouslie did voit to his deposition and excommunication, except Mr Silvester Lammie, Mr Andro Ker, Mr Robert Baillie, Patrick Bell, who the morne, efter advisement, did voit to his excommunication.

Then Mr John Hay, Minister at Raffoord in the North, produced a censure of the Service Booke which he had written; and the Moderatour receaved with all thankfulnes, and the Assembly thought fitt that it and the laboures of some uther worthie men upon that subject should be put to the presse.

Moderatour said—Ye may see that the same spirit which breaths in the South blowes also in the North; and as some of our reverend brethren about Edinburgh and the South hath contributed to this, so also some in the North hath not beene idle.

[Spottiswoode, Bishop of St Andrews.]

Then the pretendit Bishop of Sᵗ Androwes was called on and the proces red, and he proven to be guiltie of adulterie, drunkennes, preaching of Arminianisme and Papisticall doctrine; and for this cause the whole Assemblie voited to his deposition and excommunication as of before.

[Bishop of Brechin.138]

Whilk being done, the Clarke proceaded in reading of the Crymes given in by the Committie against Mr Walter Whytefoord, Bishop of Brechin, [consisting of five Articles.]

After that thir and manie other faults proved against him were redde in the Assemblie; ane paper was given in by the Committie, conteaning the probation of his adulterie with Aleson Chrichtone, by the circumstances which were done thereanent; as who had given her money at his instance, who hes baptized the bairne at his requeist, and sundrie other passages thereof were their commemorat. Which being redde, Mr Alexʳ Ramsay gave in ane paper, conteaning that ane certaine woman, servitrix to ane Nobleman, had told him, being to come to the Assembly, that shee had lykewise borne ane bairne to the said Bishop, but by his persuasion had given it to another, which her conscience accusing her for, shee was forced to tell: whilk woman he had warned to be present at the Assemblie for the probation of the same.

The voyces at last being sought anent his censure, he was adjudged, as the other two, to be deposed from his office, Ministeriall and Episcopall, and lykewyse to be excommunicat. After whilk, thankes being given, they dissolved.

Sess. 16.—Decʳ 8, 1638. [Lindsay, Bishop of Glasgow.]

After prayer to God,

The Moderatour said—We wer going forward yesterday in the lybell of the Bishops, and the complaints against them. We began at the Bishop of Galloway and then at Sᵗ Androwes and Brechin, and least it may seeme a neglect that we are lang in coming to the Bishop of Glasgow, whose residence is so hard by us, let us goe on to the tryell of him.

My Lord Weymes said—The Bishop of Glasgow sent ane gentleman to me desyreing me earnestlie to speake with him; and because I could not goe to him before the Assembly, he intreated me to desyre the Assembly that nothing might be done anent him till I speake with him.

Moderatour said—It is good for that cause to take some uther purpose in hand; and since your Lordship desyres that he may be superceidit, yee shall be pleased to joyne ane or two discreit Members of the Assembly with you to speake with him, for it is better to wound ane then to losse twentie.

[Confession of Faith—Episcopacy.]

Then the Moderatour called on the Committie for the Confession of Faith, and desyred my Lord Argyle to speake somwhat anent it.

Argyle said—Becaus I believe occasion may fall out that I must of necessitie goe to Edinburgh shortlie, therefore I desyre that the Confession of Faith, wherin I acknowledge myselfe to be tyed, might be explained before I goe, that I may both be a witnesse to what is done and be able also to informe uthers. There are two Confessions. One is the Confession with the explanation: the uther is the Confession, that which breids much questioning; some referring the explanation of it to the Assembly, uthers subscryving it according to the meaning of it when it was first sett doune, as the Counsell hes done: therefore it is wisdome to consider whether ye take it to consideration as a thing fitting and expedient or not? Or if ye take it (as the Kings Commissioner and these of good qualitie hes done) as it was first subscryved? If ye take it to your consideration whether Episcopacie should be or not, it may be that more disputable; for I confesse I have never dyvit deeplie in it. Therefore I humbly represent unto your consideration the lawdable acts and estate of the Kirk at that tyme, and to consider as in Ecclesia constituta.

My Lord Rothes said—I thinke it is absolutelie necessar, in regard that my Lord Argyll is to be at ane Counsell day shortlie in Edinburgh, where it is like, the Commissioner will be present, and so his Lordship shall have occasion to give them satisfaction, if we make such grounds heir as shall be answerable to explane the Confession that they themselves have subscryved.

Then the Moderatour desyred Lowdoun to declair his mynd.

Lowdoun said—It is sufficientlie knawne to this reverend Assemblie what great straites this Kirk was redacted to when the Popishe Booke of Service, Cannons, &c., now justlie condemned, were injoyned as the only forme of Gods publict worschip, and that some of the most sinceare Ministers, Gods faithfull servands, were chargit, under the paine of rebellion, to receave these Bookes, till by a Bill of Suspensione they obtained some breathing tyme, that men of all rankes might supplicat against these evills. It is knowne to yow also, that by the Bishops malice and misinformation of our Prince, the answer of all our Supplications at Stirling was returned by a proclamation, under the paine of treason, that we should not presume to meit any more to prosequute our desyres; so that at that tyme we are driven to such exigencie that we behoved either to fall in rebellion and excommunication on the one hand, or forfeiting of the way of trueth and true religion and breach of our Nationall Covenant with God on the uther hand; and we knew not to what hand to turne us, till it pleased God to lead us by his light to the renewing of our Confession of Faith, which ye know was verie solemnlie sworne throw this Kingdome; and ye know also that no meanes hes bein left unassayed to have rescindit the same. Then it was taxed to be ane unlawfull combination, whereof we did cleare it sufficientlie. That our Supplication of it should be left out, that it might be the more ambiguous in the interpretation, and therefore it necessarilie at this time requyres ane explanation, and the way that we have proceidit therin is this: First, we have drawen up some reasons of the necessitie of ane explanation to be made; next, that we may schunne the neidles dispute of Episcopacie in abstracto, and of these corruptions that were introduced after they were expelled out of this Kirk, we thought it most necessar to state the question thus: Whither Episcopacie and these corruptions be compatable with the doctrine and discipline of the Kirk, as it was established in the year 1580 and 1581 to adhere? And this being examined, we hope it will cleare all the scruples about the Confession of Faith, and for this purpose we have drawen up a number of Articles thereanent. And when we consider how the Bishops have striven to creip in by degries, and have abstracket the Bookes of Records of the Kirk, which now in Gods providence are come in our hands—and how they made many Acts of Generall Assemblies which now are declaired to be null—and how they have thrust themselves in the pryme places of the Estate, and by their boundles power in the High Commission, and sheltered themselves under the shaddow of auctoritie, oppressed the word of God;—no wonder that some hes beene deceaved rather to think them tollerable then to suffer themselves to be thrust from their flocks and places. We trust in God, when it shall appeare that they have done nothing but what hes beene protested against by Gods servands, and that they had never a warrand from Ecclesiasticall power, and that these things were once abolished as mens inventions, tending to the overthrow of religion and wanting a warrand from Gods word, we hope, these grounds being cleared, we shall all returne to our former puritie, and, by so doing, shall give testimonie of our obedience to God, loyaltie to our King, and happie conjunction amongst ourselves.

The Moderatour said—I am glad that my Lord Lowdouns speach hes come to your eares; and I think that whilk scarres some most, is feare to offend the Kings Majestie. But we are sure, when the Kings Majestie sies we make conscience of our oath, and when it is manifest to his Majestie that we doe nothing but what is sworne to be done in the Confession of Faith enjoyned be himselfe, we hope he will think them good and loyall subjects to him, who have proven so obedient to God.

Then there were reasons heard by the Clerk, showing how necessar it was that there should be a necessar explanation of the Confession of Faith.

After the reading of the Reasons,

The Moderatour said—Ye have heard many reasons showing a necessatie of this explanation: now heir the explanation itselfe. And I intreat yow, Nobles, Gentlemen, Ministers, Elders, or any Minister of this Assembly, call for reading of any Act that will cleare your mynd, and they shall heare them out of the Book of the Assemblies; for I think there be many Theologs in this Assembly that are not weill acquainted with the Acts of Generall Assemblies.

The Clerk said—To show yow how diligent our Reformers wer in gathering of their Acts, there wer two fasts appoynted, to seik Gods direction therein—the ane 26 April 1577, and the [other] 1578. Then all the Acts of the Assemblies, clearing the meaning of the Kirk of Scotland, concerning Episcopacie in the year 1580, 1581, wer red by the Clerk.

Then the Moderatour desyred to read the Act of Counsell 22ᵈ of September 1638, in which Act his Majesties Commissioner and Lords of Counsell declared, that they subscryved the Confession of Faith, as it was professed and established in the forsaids years 1580, 1581. Then there was a Letter, in Latine, writtine to some of our divines by the Kirk of Helvetia, red by the Moderatour, giving approbation to the Confession of this Kirk, and showing their opinion in the poynt about Episcopacie, wherein they declaired it to be but humane consuetude that appoynted the prioritie of Pastors above Pastors, and that divine institutione had only appoynted a paritie among Ministers.

Then the Clerk said—It is evident that, in all their Assemblies, the abrogation of Episcopacie, the establishing of the Booke of Discipline, and the injoying of the Subscription of the Confession, wer alwayes conjoyned. After the reading of many uther Acts,

The Moderatour said—Heirby any may perceave what the meaning of the Kirk of Scotland was concerning Episcopacie, in the 1580, 1590, and 1591; and what shall be our meaning, except we shall deall deceatfullie with our God in our Covenant?

Then the Clerk said—I know certainlie that this office of the Bishops was never established by any Act of Parliament in Scotland, which I never knew my selfe but within this twelfemonth, that I tooke speceall notice of all the Acts of Parliament for that effect.

The Moderatour said—It becomes us to have a reverende estimation of the Lawes of the Countrey; yet there is no Acts of Parliament that can be the ground of our Ecclesiasticall Policie.

Lowdoun said—It is but too cleare what we are doing in Ecclesiasticall Judicatorie hes nothing in the civill law repugnant to it. Then my Lord Lowdoun red the Act of the 15 Parliament of King Jaˢ 6, and ane uther Act Parlᵗ 1612. In the former there is nothing concerning the office of Bishops, but only reserving to the Kings consideratione and advysement with the Generall Assembly; and in the last there is a relation to the former; so that there is nothing in the interveining Acts 1606 and 1609, and the Act 1612 does not ratifie that which is concludit in Glasgow Assembly, which now is condemned. That ground being taken away, the Ratification also falls.

The Moderatour said—Ye have heard a cleare deduction of this purpose; and if it would please my noble Lord Argyle, whom I know hes tane paines to be cleare herein, if it would please his Lordship to declair if he be satisfied, we would be glad to heare him.

Argyle said—Indeed I cannot deny but all this tyme, both before the Confession was subscryvit by the Counsell and since, I have ever found that the question was drawen much narrower nor it was before; for the greatest question ever since that tyme hath been only concerning the government of the Bishops, and that will be the greatest question; and, I think, for the declaration of any uther thing, we did all show that we could be ruled by yow of this Assembly: and, since I am requyred to speake, I must not thinke shame to confesse my ignorance. I neither studied it nor did I see the Bookes of Assembly, and, whenever I was demandit of this, I answered I would not determinatelie say anything till it should come to be considered by a free Assembly, and find what was the constitution of the Kirk. At that time I said, for aught I know, I said, it was a lawfull office established by Parliament and lawes; and I could not have thought even [when] the Commissioner went away, that things had bein so clear as they are, and, for my oune part, it satisfies me fullie—that, according to the Constitution of our Church, the Government established at that tyme, when it was first subscryvit, is verie cleare in my judgement.

Moderatour said—There is a lang tyme spent, and therefore we will proceed to state the question—Whither, according to the Confession of Faith, as it was professed in the 1580, 1581, and 1590, (I keip the words of the Act of Counsell, because it is a clause of the explanation of it,) there be any uther Bishops but a Bishop over a particular flocke? or, Whether there be any to be acknowledged Pastor over Pastors, having preheminence over the brethren? and, consequentlie, Whither all uther Episcopacie, place, power, or preheminence is to be removed out of this Kirk?

Abjuration of Episcopacie.

Then the Rolles were called, and

Mr Alexʳ Kerse said—The true sentence and meaning of the Confession of Faith being made clear by these Assemblies, showes a incompatibilitie betwixt Episcopall Government and Presbyteriall Power, that they are to be removed and abjured out of this Kirk.

Then the whole Assembly unanimouslie in one voice, with the hesitation of ane allanerlie, voited that Episcopacie should be abjured and removed out of this Kirk.

Then the Moderatour spack—I think there be nane of us heir but we have beine oftentymes calling upon the name of God in secrete and open, that he, and he only who was able to doe it, would have beine pleased to stay the course of defection that was going so fast on. And I think there be nane of us but it was the earnest desyre and wish of, that we might have sene a day to have taken to a consideration, whether we have transgressed the Covenant of God or not, and gane on in a course of defection; and now he has granted us the day wherein we may call all matters to a reckoning, which day we much long for; and many a tyme have I myselfe besought God to stop this course of defection, and so he hes done. Many are the miseries, burdens, and calamities that hes beine upon this poore Kirk thir yeares bygone; and we are scorned by uthers that it was for the brecke of the Covenant of God; and we trust it shall kythe to the world, when we are dead, that we have turned unto him and renewed it againe. It rests now that we be thankfull unto our Lord for the same; and I trust there is nane of us that are come heir with ane honest mynd, but they would have bought this day at a deare rate, and given a deare pryce for this voiting, whilk God hes done far beyond our deserving or expectation—and our adversaries neid not to say that it was the voites of a number of Gentlemen and Elders that carried it away; but, blessed be God, that Ministers and everie ane heir present, with great unanimitie, hes gone together without any contradiction, which is a matter of admiration, and a wonder of wonders, for the whilk we know not what we shall rander unto our graceous Lord. Therefore we will not medle with any uther purpose, but goe altogether and give heartie thankes unto our Lord for this harmony.

Sess. 17.—Decʳ 10, 1638.

After prayer to God,

Mr John Row declaired—That a brether sone of his, who had bein in Germany and Pollᵈ these 13 yeires bygane, was willing, with heart and hand, to subscryve the Covenant, which the Assemblie willinglie accepted.

Then there was a Committie appoynted for gathering and viewing any overture that was to be made for good order of the Church in tyme comeing, when we had removed some of the cheefe corruptions—namely:

Mr John Adamsone, Mr John Row,

Mr James Sibbald, Mr John Moncreife,

Balmerino, Kinliet, Auldbar,

James Cochrane, Gilbert Gourlay,

Moderatour said—We must begin where we endit on Saturday and goe forward in that worke. There is ane great mountaine removed, blessed be our Lord, who have done it. Ye know that in the explanation of our subscribit Confession of Faith, we did oblische ourselves to forbeare the practice of all novations or approbation of the corruptions of the publict Government of the Kirk till a free Generall Assemblie, which hes beine done conscientiouslie by many; and now, blessed be our Lord, and blessed be he ten thousand tymes! and great reason have we to bless him more—and I hope the posteritie that heares of it shall call it a happie work that is past—hes bein done without any contradiction of the voites of the Assembly. Now it rests that we goe to the uther parte—the Inovations alreadie introduced. As for the Service Booke, Cannons, &c., the Assembly hes declaired their judgement of them. By the innovations introduced, I mean, principallie, the Fyve Articles of Perth Assembly, which now is null, and, by consequence, they must fall; yet we are obleist to hear the judgement of the Assembly anent these novations, and, to the end ye may be prepaired for voiting, ye shall heare something red concerning these novations; which the Clerk tooke and red. After reading the first concerning Festival Dayes,

The Moderatour said—It is knowne that a festivall and holy day hes, first, a cessation frae a’ warkes; 2, There is some service ordained to be done where there is feasting, rejoyceing, or hilaritie, as it is called. That commonlie is called a festivall day. Ye know the Apostles doctrine concerning these dayes; and, altho’ there hes bein great dispute about them, I think the brethren heir present are to satisfie what to think concerning them. There is three words that the Apostle uses. The first is to judge of a holy day—that is, to mentaine it in our judgements. The second imports, that we affect it because we esteime of it; and, thirdlie is, to proceid from our estimations and affection to observe it. Indeed the common and rude sort gave an estimation of ane day above ane uther as Baronius sayes—ane yeird of ground is more fertile then ane uther, so there is some dayes produces better effects then ane uther—as the day of Christs resurection, assension, &c.; and I thinke there are none heir that are judicious, but they can answer to this, and then truelie ye would consider that the Kirk of Scotland is utherwayes oblissed, as ye see by that which is red, then uther Churches. All uther Churches, except the Church of England, and even in it before the latter tymes, it would appeare that they rather speake of these dayes as tollerable then as a contendable observation; and, becaus they cannot amend it and the Church purged, therefore they excuse it. But, for us, we blesse God that our Reformers hes gone so far on as to purge out those dayes from this land. We are not to judge of uther reformed Churches, but to consider what is expedient for ourselfes. I have beine grieved many tymes to see the writtings of some divines, upon the Sabath day. They divide holy dayes, in ordinary and extraordinarie dayes, and anniversarie holy dayes, weeklie dayes, and the Lords day. Anniversarie are Pasche, Zuill, &c.; and is it not a fearfull sort of divinitie to matche these dayes with the Lords day? What dispute hes beene concerning these dayes thir yeares past, ye are not unacquainted with, and ye perceave what is attributed to these dayes of mens institution. Even als much is derogat from the Lords day; and therefore, if any of you hes any scruple to propone, there is now a tyme wherein ye shall be heard.