Report of Proceedings OF THE GENERAL ASSEMBLY AT GLASGOW, 1638.

Having, in the foregoing pages, given an account of the occurrences which preceded this memorable Assembly, and reprinted front the authentic edition, the principal Acts which it passed; and, having superadded thereto, an abstract of various proceedings not embraced in any copies of those Acts hitherto published, as well as an ample collection of historical documents therewith connected, we shall further add to these particulars, a detailed Report of the whole of the discussions that took place from the first meeting on 21st November to the dissolution of it on 20th December 1638.

For the valuable MS. whence this Report is taken, we are indebted to the politeness and liberality of Mr J. Smith, youngest, of Glasgow. It forms a portion of a volume of MS.S. belonging to Stirling’s Library in that city, which also contains a similar report of the proceedings in the subsequent Assembly of 1639, and various other curious documents relative to that period of the Church’s history. The hand-writing may be referred to the period of the Assembly, or the middle of the seventeenth century; and from several markings on the volume, in the handwriting of Wodrow, which is well known, it appears to have at one time formed a part of his valuable collection of historical and ecclesiastical records. The volume may be referred to as “The Folio Manuscript.” Of its subsequent history we have no information; but from all its characteristics we consider ourselves warranted to assume that it possesses a high degree of authenticity. The volume referred to is marked “Stirling’s Public Library, c. i. 11,” and in the index prefixed there are the following items:—

“Imprimis—a Collection of Petitions, Remonstrances, Narrationes, Speeches, and other peapers, published in the beginning of our troubles in 1636, out of which may be gathered a perfect historie, yʳ of—from folio 1 to 94.”

“Item—the Sessions, Actings, and Canons of the 2 Genˡˡ Assemblies holden att Glasgow & Edinburgh, the one in 1638, yᵉ oyʳ in 1639, containing att great length everie thinge that past, ather spoken or done yʳ in: This takes up till folio 312.”

It is from the record thus described that the following report is extracted.

Before the MS. which we have adopted had come into our hands, Mr David Laing, librarian of the Writers to the Signet, had kindly communicated another and similar report, but wanting several leaves both at the beginning and end; and we were in hopes ere now to have had also in our possession a third MS. belonging to Mr Simpson, schoolmaster of Corstorphine, from which Dr Aiton states he took his account of the Assembly 1638, that is given in his Life of Henderson. Circumstances, however, have occurred to prevent this; but we are enabled, on the authority of Professor Fleming, of Glasgow College, who has collated these MS.S., to say that it coincides entirely with the Stirling’s Library Copy. Mr Laing’s copy seems to have at one time belonged to Dr Boog of Paisley: Mr Simpson’s was found in the repositories of a deceased brother, who was a preacher of the Secession communion; but we have not been able to learn any further particulars than those now mentioned, with respect to the several MS.S. referred to. The one which we subjoin, however, and the other documents that we have collected, will, we trust, render the present, on the whole, the most complete account of the Glasgow Assembly which has ever yet been published.

In addition to the documents contained in the “Large Declaration,” “Burnet’s Memoires of the House of Hamilton,” and “Balfour’s Annales,” we have to acknowledge the accession which we have obtained of some of the earlier edicts of Charles I. and the Scotch Privy Council, derived from the original record—an obligation which we owe to Mr A. M‘Donald of the Register House, and which we prize the more, because these documents have been suppressed in the various works to which we refer. To the Rev. Mr M‘Crie, too, we are indebted for the use of a Collection of Documents which belonged to his distinguished father, from whence we have gleaned several important writs, the authenticity of which is established by the duplicates attested under the hand of Archibald Johnston, the Clerk of the Assembly 1638, still in the repositories of the Church.

[November 21, 1638.]

The first day, the Commissioners from the King and Kirke being conveined, after prayer be Mr John Bell, Moderatour, agried upon till a moderatour was chosen, The King’s Commission to the Marqueis was [read], next the Commissions from 66 severall presbitries wer given into the Clerkes sone of the former Assembly, together with the Commissions from townes and colledges, and the names of the Commissioners red.

Sess. 1.136

After in calling vpon the name of God, The Kings Commissioner requyred that the Commissions might be examined before a Moderatour should be chosen, least some men should voit in chooseing a Moderatour, who wer not instructed with a sufficient Commission.

It was answered be the Earle of Rothes, Lord Loudoun, Mr Alexʳ Henrysone, Mr David Dick, and Mr Wᵐ Livingstoun, that a Moderatour behoved first to be chosen, before the Commissions could be examined, for thir reasons:—A Ecclesiasticall Moderatour should be chosen by the suffrage of such as have given in their Commissions for the Kirke and Burghes before particulars can be tryed—first, becaus this is the order and practise of the Kirke of Scotland. 2 reason, It is agrieable to reason, that the Assembly should descend by degries to the constitution from a promiscuous convention, to a number instructed with commissions from the severall Kirkes of the kingdome, vnto whose commission that much respect is due, that they may be presumed to be, for the most pairt, valide and worthie, at the least [to] have a voice in choyseing of a Moderator to themselves, by whose meanes everie commission may be more exactlie tryed. 3 reason, It is one of the poynts of the freedome of the Assembly, that the Commissioners from the Kirkes and burghes choyse their owne Moderatour, incontinent after the exhibition of the Commission, least any thing which concernes them be done inordourly or without the consent in the meeting where they are present. 4 reason, The Tryell of the Commissions is one of the worthiest matters of the Assembly, and never were there any discussion of the validitie of them before a Moderatour was chosen, and the judicatorie brought to a frame, so farre as the whole might judge of everie pairt; nor can they be discussed till the propper judicatorie be ance sett in a tollerable maner, which be the lawes hes authoritie to judge thereof. 5 reason, It was required in all the supplications for a free Assembly, that the questions belonging the maner and matter of Assemblies, should be referred to the Assembly it selfe; and, now a free Assembly is granted and indicted, therefore a formall Assembly must ance be made before any ecclesiastick question belonging to the Assembly can be rightlie discussed, which cannot be done till a Moderatour be chosen by common consent of the Kirke conveened. 6 reason, Seeing it is certaine, that these who are come doe represent the Kirkes from which they are come, and are instructed so well as they could be their knowledge, it were wrong done to the Kirkes conveened, not to suffer them to begin their owne incorporation, and to draw their oune Members to some ordourlie frame that at the first entrie they may proceed ordourlie. 7 Reason, Whatsomever reason can be alleadgit why the Commissions cannot be postponed to the chooseing of the Moderatour, will be more valide to prove that they cannot be discussed before the chooseing of a Moderatour. 8 Reason, Progressus erit in infinitum.

My Lord Comʳ his Grace gave way to the chooseing of a Moderatour, provyding it shall no wayes import his Graces acknowledgement of the votters, or such as shall be meit, or any of them, to be lawfull Members of this Assembly. But it shall be lawfull to his Grace, or any other at convenient tyme, to say they cannot be lawfull Members thereof; whereupon his Grace took acts and Instruments, as likewayes protested in name of the Archbishops and Bishops of this Kingdome, that no nomination or election of a Moderatour, Commissioner, or other Member of the said Assembly, made or to be made, nor the receaving, admitting, or allowing of any pretendit nomination, election, or Commission, before, to, or at the said Assembly, past or to be past in favours of or in the behalfe of any Member thereof, shall prejudge them or any of them in their place, voit, office, jurisdiction, dignitie, or priviliedge belonging to them or any of them, be whatsomever laufull right or custome, but that the same shall remaine to them, and everie ane of them, safe and inviolable, notwithstanding of anything done or to be done at the said Assembly; whairupon the said Commissioner his Grace tooke acts and Instruments. Farther craved ane other paper presented be Doctor Hamilton, in name of the Bishops, to be read publictlie, quhilk being refuised, the said Commissioners Grace protested, tooke acts and Instruments: farder, the said Commissioners Grace declaired that his Majestie had appoynted six noblemen, his Assessours, to repair to Glasgow, and to have voit in the said Assembly; and for that effect his Majesties Letters, directed to them, was produced; and accordinglie his Grace desired that, before any voting of the Moderatour, it should be condiscended that the foresaid Assessours should have voit, conforme to his Majesties Letters, which being refuised, his Grace protested and tooke acts and Instruments.

Farder protested that the Bishops, who were authorized be act of Parliament, are called pretendit Bishops.

The Protestation of the Commissioners fra Presbitries, Burghes, and Universities, and of the Complaints against Prelats.

We Commissioners of Presbitries, Ministers, and Elders, Commissioners of Burghes, and Universities, in our owne name, and in the name of the whole Church of Scotland, whom we represent, That whereas his Majesties Commissioner protested that he gave way to the chooseing of ane Moderatour, without acknowledging of the voits of any of them to be lawfull members of this Assembly; but that it be lawfull to him or any other to say, at convenient tyme, why they cannot be lawfull members;

We protest that this protestation made be my Lord Commissioner his Grace, be no wayes prejudiciall to the lawfull commissions produced be Ministers, Elders, and Commissioners of burghes and vniversities, qˡᵏ shall be allowed unto this Assembly, nor unto the freedome thereof, nor be any ground of quarrelling this Assembly and the proceedings thereof, in any time comeing; but, on the contrare, seeing we offer to heare all objections in a competent Assembly, at the discussing of the particular commissions.

We protest that this Assembly, now fenced in the name of the Sone of God, be esteemed and reputed a free Generall Assembly in all tyme comeing, and that it shall be lawfull to us to extend this our protestation, and insert the reasons thereof, in any tyme before the dissolving of this Assembly; whereupon we tooke instruments.

Lykeas we Commissioners of Presbitries, Burghes, and Universities in manner foresaid, That qʳas his Majesties Commissioner, in name of the Archbishops and bishops of this Kingdome, protested that no nominatione or election of Moderatour, no allowance of any pretendit commission in favours of any Members of this Assembly, nothing done or to be done in this Assembly, past or to be past, shall prejudge them in their voit, office, jurisdictione or dignitie belonging to them, be whatsomever law or custome: We Protest against this protestation of his Majesties Commissioner made in favours of the pretendit bishops and their pretendit priviledges in this kingdome, untill they and yʳ rights and priviledges now complained upon be the most pairt of this Kingdome in yʳ summonds, as usurpations, contrare to the word of God, Confession of faith, doctrine and discipline of this Kirke, to be tryed and allowed or disallowed in this Assembly, and that the determination yʳof therein, according to the word of God and Confession of faith, be esteemed and observed, and most just and lawfull; and we protest in favours of the liberties, priviledges, and discipline of this reformed church, and freedome of this Assembly in all ecclesiasticall matters, conforme to the Confession of faith and Covenant of this Kingdome, renued with the Lord, and for libertie to extend this protestation, and the reasons thereof, before the dissolving of the Assembly; qʳupon we tooke Instruments.

Lykeas We Noblemen, barrones, Ministers, burgesses, and Commouns, subscribers of the Covenant and persuers in the Commoun Complaints and Summonds against bishops, Protest that the Commissioner his Graces nomination of them, the Lords of the Clergie, and protestation in favours of yʳ calling, voits, dignitie, priviledges, be no wayes prejudiciall to the Covenant subscryved be us, to the policie of the Kirke, nor to our Summonds and Complaints against these our pretendit dignities, titles, and callinges, as contrare to the Confession of faith and word of God, nor to the freedome of this Assembly in their trying and discussing of our said Complaints; and we protest for libertie to extend this protestation; qʳupon we take acts and Instruments.

Lykeas, We Commissioners for Presbitries, burghes, and Universities, That qʳas his Majesties Commissioner having craved ane paper, presented be Doctor Hamilton in name of the Bishops, to be red publictlie, being refuised, did protest and take Instruments, We protest that before ane Assembly was constitut, and the Moderatour chosen, we would heare no supplications, billes, nor protestationes, but after the constitutione of the Assembly we should heare the same and give them an answer, and protested that they might be there personallie present for to answer to the Summonds and Complaints against them, with libertie to adde yʳupon and tooke Instruments.

Lykeas, quhensoever his Majesties Commissioner protested against our protestations, both the Commissioners from burghes and universities on the ane pairt, and the persewars and the Complainers on this, have renued their protestation against the Commissioners protestations: We Commissioners from Presbitries, Burghes, and Universities, That quhereas his Majesties Commissioner produced his Majesties Letter to Six Noblemen for to be his Assessours, and accordinglie desired that the foresaid assessours should have voit according to his Majesties Letter, and protested upon the present refusall of it before the election of a Moderatour, we protested, that seeing his Grace was his Majesties sole Comʳ, that none should have voit but the Commissioners from Presbitries, Burghes, and Universities, for thir reasons, qˡᵏˢ we are readie to shaw, for thir reasons to the Assembly being constitut after the election of a Moderatour, and protested for libertie to extend their owne protestation, and insert the reasons thereof any tyme before the dissolution of this Assembly: qʳupon we tooke Instruments, and yʳafter gave in the reasons following.

Concerning the voiting of his Majesties Assessours in the Generall Assembly.

With that respect which we ought to his Majesties Commission, and to the persons and places of the pryme Noblemen and Counsellours, his Grace his Assessours, for the preservation of the libertie of the Kirke of Jesus Christ, in this his Majesties Kingdome of Scotland, we the Commissioners from particular Presbitries, Universities, and burghes, here solemnlie assembled, in all humilitie, doe remonstrat that his Majesties Commissioner and Assessours can have but ane voit, in all matters treated and reasoned in the Assembly, for the reasons following:

1. Becaus the Generall Assemblies, in the matter of it, is ane ecclesiasticall meeting of persons ecclesiasticall, Ministers and Elders, representing the whole particular persons and presbitries quhilk collectivelie cannot convenientlie or possiblie conveine, and the Christian Magistrat doth not so much multiply voits for himselfe, as by his power, auctoritie, and command, and provyde that every particular Commissioners voit be asked and heard in order and quyetnes, that thereby the judgement of the Assembly, in everie poynt presented to their consideration, may be knowne.

2. We have had 39 Assemblies of this Kirke, without the presence of the Kings Majestie or any Commissioner sitting in the Assembly in his Majesties place.

3. It is not to be supposed that his Majesties Comʳ should have moe voits in his Ma. personall absence, then if he were in sacred persone present, since, jure representationis, they are all but ane, and ought to voit as ane.

4. This might prove contrare to his Ma. graceous intention, very prejudiciall to the libertie of the Kirke, there being no determination of the number of voits, for thus his M. affirmative voice might be turned in a negative; neither doth this Kirke want experience of this great danger.

5. As assessours sent from particular presbitries for assisting, thir Commissioners have no place to voit, so it is to be supposed that these assessours, appointed to attend his Majesties Comʳ, are only to give their advice and assistance unto his Grace in the great affaires of the Assembly, that all matters may be orderlie and peaceablie disposed. 6. Although we doe not pry narrowlie into his Majesties Commission, yet since we perceave it is granted to the Marqueis of Hamiltoun as his Majesties sole Commissioner, we cannot admitt that any be equall to his Grace in voiting in the Assembly.

7. As the Ecclesiasticall Moderatour, be the Acts and practise of this Kirke, hath some Members of the Assembly joyned to him to be assessours, who yet thereby have no further power granted to them than they had before be their Commission, so it is with preses politicus.

And whereas, his Majesties Commissioner protested that the bishops who were authorised be Acts of Parliament were called pretendit bishops, the complainers against bishops protested that such they were and such they should be esteemed and called, conforme to the summonds; and the Commissioners from presbitries, burghes, and universities, protested, that they should be so called till the complaints against them for the samen should be discussed, with libertie to adde; whereupon they tooke instruments.

The Moderatour for the tyme having declaired that the constitution of a Moderatour must be the first act, and goe before the act of examination of the Commissions, he puts upon the leitts Mr John Ker, Mr John Row, Mr James Bonar, Mr Wᵐ Livingston, and Mr Alexʳ Hendersone: the leitts being approven, and Mr Alexander Hendersone was chosen Moderatour be the voits of all the voits, not ane contrare except his oune.

Sess. 2. [November 22.]

After in calling upon the name of God,

The Moderatour craved that a list might be given for chuseing of a Clerk.

The Comʳ asked why a clerk should be elected, seeing there was a clerk there present, and what could be said against him why he should not execut the office in his fathers lifetyme?

The Moderatour answered—Please your Grace, the clerks sone could not be called the clerk.

The Commissioner required that the young man might have libertie to speake for himselfe, who, being permitted to speak, alledgit that his father was provydit to the office by the dimission of Mr Thomas Nicolsone, and hath served in the office after his dimission, and hath keeped the Registers, and hath given out extracts of the Acts and conclusions of the Assembly; and now being infirme and sicke, and not able to serve at the tyme, has surrogat me his sone in his place.

The Moderatour answered—Albeit Mr Thomas Nicolsone had the office and had demitted to his father, yet was not his Father elected by the Assembly; albeit, he had now possessed the office by the space of 20 yeares, yet I see not how the office can goe by deputation.

The young man answered—That beside the office of Mr Thomas Nicolsone, his father had the office by election in anno 1616.

The Moderatour answered—That he was not chosen by the voits of a free Assembly; and whether it was so or not, it matters not now, seeing he was become old, infirm, and sicke, and so unable to attend frequent Assemblies, which now we expect be the mercie of God, and with his Majesties favour and allowance; yet if there be any question in the matter, I shall ask the voits of the brether; but in my judgement, Edinburgh being the centure of the Kingdome, quhereunto all subjects have greatest resort, it is expedient, yea necessar and good, that the clerk should reside att Edinburgh. I grant the Clerk received no detriment be his fathers function, becaus his employment was but small.

The Earle of Rothes answered—Albeit his father had undoubted right to the office, yet the office is not transmissible: whereupon the young man remitted his interest in the office to the consideration of the Assembly.

The Commissioner answered—By what power the young man could demitt his ffathers right?

The young man answered—That he did not demitt his Fathers office, but onlie submitted his interest in it to the Assembly.

The Commissioner said—That he did not call in question the power of the Assembly concerning the election of a Clerk, but he desired to know how Mr Thomas Nicolsone having demitted his right in favours of the young man his father, and how his Father having enjoyed the office to this day, how ane other clerk should be elected, he being yet alive?

My Lord Lowdoun answered—That his father being absent, old, and sicke, could not now supplie the place, and yʳ the Assembly, now conveened, behooved to see to it, and surrogat ane other in his place—a man of skill and judgement—seeing he was civiliter mortuus—unable to come hither; yet I speake not this to prejudge his sones benefice, for the Assembly may consider of it; but if he hes a power from his father, he may submitt that to the judgement of the Assembly, and the Assembly may choose ane other without doing wrong to the young man.

The Commissioner answered—If, by reason of Gods hand on the man, they would yet macke [him] further to be a sufferer and a loaser, seeing he hath done the pairt of ane honest man, and his gift of office here doeth bear deputation, why will ye not suffer him to depute his sone in his place as others have done before? For albeit he be old, infirme, and sicke, that may not take away his place, if sicknes be on him by Gods hand, and againe throw time he shall be frustrat of the meanes to mentaine his life in his old age.

Lord Lowdoun answered—It is charitablie and justlie pleaded, and I think he should not be prejudgit the meanes of his life in his old age; but seeing there are here two prejudices in hand—ane to the Generall Assembly and other personall to the man—the lateis prejudice must yield to the former, and the Assembly must be served, and the man in his age and sicknesse supplied ane other way. As for deputation ane other in his place, we know he hes no power of it.

My Lord Rothes said—That the strenth of his fathers right to the office was not from Mr Thomas Nicolsones admission, but of that which the Assembly gave unto him; and what right the young man craved by deputation, he hath now put it in the hands of the Assembly.

The Moderatour asked—If the clerks place was not vacant for the tyme, and if it be not vacant, how shall the Assembly be provydit for a clerk for the tyme?

My Lord Rothes said—The Assembly calls for a clerk, and his father compeirs not; how is it furnished?

My Lord Lowdoun answered—Let the young man who craves the right adhere to it, and let it be decydit by the Assembly, or els submitted to the Assembly, or els choose your oune Clerk.

Whereupon the young man submitted himselfe to the Assembly.

The Moderatour craved that a lite might be given in for chooseing of a Clerk, and so a lite of four was given in: Mr Thomas Sandilands, sone to the clerk, Alexʳ Blair, John Nicoll, and Mr Archibald Johnstone; and it was requyred that these men that shall be elected shall be obliged to reside at Edinʳ.

The Moderatour asked the Comʳ which of these four his Grace would voit into?

The Comʳ answered—That he knew not any of them, neither would he voit to any of them, becaus he had not as yet seene a lawfull dimission of the present Clerk.

The Moderatour replyed—Then your Grace will be a non liquet.

The Comʳ answered—I desire that the voits of the Assessours nominat by his Majestie might be asked in a nomination of a Clerk.

The Moderatour said—Seeing your Graces assessours get no voit in chooseing a Moderatour, being a superiour office, it was not fitt to trouble them with asking their voit anent the election of a Clerk, being an inferiour office.

The Comʳ craved that the protestation made yesterday might be read over againe the day, anent the Kings power in appointing of assessours; which protestation being red,

The Comʳ craved that my Lord Argyle, Traquair, Southesk, Lauderdaill, might voit according to his Majesties command, given in severall letters; which Letters being sein and red,

Traquair craved that these assessours appoynted be his Majestie might have voit, as the custome was in King James, of worthie memorie, his tyme; and declaired, according to his Majesties command, he was readie to assist and give his voit.

The Moderatour answered—That it was not want of due respect to their Lordships that moved them to refuise your Lordships voits in this, but onlie to mentaine the Kings libertie—quherfor your Lordship had als goed reason to be als zealous as any in the house.

Traquair replyed—The imployment of this particular was of such small moment, that except it were in obedience to his Majesties command, he would never clame it. As to the Kirks liberties, that they should be preserved; yet why should any in the Kirk debarr the Kings Majestie from that libertie which to this day he never wanted in any Assembly? If the Kings Majestie be standing in a particular possession of assessours to treat, reason, and voit, who should his Majestie be dispossessed now?

The Moderatour answered—That they should either condiscend to that his Lordship craved, or else satisffie him in reason; and said, he would not deny but his Majestie had, in sundrie late Assemblies, moe asseasours then his one Commissioner, and yet there were also many Assemblies that neither King, Commissioner, nor assessours were present: which late Assemblies he wished this present Assembly had no reason to put them to the tryall.

Traquair asked—If, becaus the King is not present now, as he was not present in ane other Assembly, if they would exclude him and these nominat be him to voit in this Assembly?

Moderatour answered—There was no intention to exclude his Majestie, but rather wished his Majestie were present to be ane eye witnesse to all thir proceedings, and that he hoped for great favour from his Majestie if he were present, and that full satisfaction should be given to his Majestie, by Gods grace, to everie thing.

Sir Lues Stewart said—Seeing it hath beene in use that his Majestie hath appoynted assessours, Commissioners, and all perteining to the Generall Assembly, why not now also?

Lowdoun answered—There were sufficient reasons why it should not be so, and these reasons were put in the hand of the Moderatour to be red.

Thir reasons being red, why the King only should have ane voit,

Traquair said—Not out of any affection of imployment, but of love to the obedience of so gracious a prince, doe I take upon me to answer these reasons; neither yet am I of such sharpness, capacitie, and quickness of witt, to make answer to everie ane of these particular reasons; yet seeing we are tryed to make answer, we crave ane copie thereof that we may give our answer thereto, and desires that this matter of election of a Clerk may not be put to voiting till our reasons be heard.

The Moderatour said—It is good reason to be so, and all of us hes alse good reason to be zealous of the Kings honour, authoritie, and priviledge, as any, yet his Lordship had alse good reason to see to the Kirkes weill and libertie—the Mother of us all; and when we perceave that the Kings Majestie, or any in his name, would urge that which may encroach upon the liberties of the Kirke, they would labour to satisfie them in reason.

Traquair said—If I knew any thing would conduce more to the preservation and priviledge of the Kirkes liberties, then that his Majesties wonted authoritie should continue in the former vigour, I would condiscend unto it.

The Commissioner said—I render my protestation, made in name of my assessours appoynted be his Majestie.

My Lord Rothes said—And we also adhere to the protestation made be us.

Traquair craved that his assessours might eik to his Graces protestation, which was granted.

Then the Voits of the whole Assembly wer craved anent the election of a Clerk ad vitam, and Mr Archbald Johnston was chosen and admitted unto all the rights, fies, and priviledges, perteining to ane Clerk of before, to be extractit at large; who, after the acknowledgement of the weightiness of the charge, and his insufficiencie for it, embraced it as having a calling from God, and the honourable Assembly.

The Moderatour desired to be informed if any more was requisite for his admission but a solemne oath of his fidelitie and diligence?

Mr John Row answered—Nothing further, but that he should bring foorth, keepe, and preserve the Registers of the Church; at least so many as shall come in his hands, seeing pitifull experience could show how these Registers had been marred in former tymes.

Then Mr Archbald gave ane solemne oath of his fidelitie and diligence, and conscious keeping, and use making of all Registers and documents, was taken of his acceptance and admission.

The Moderatour said—The Bookes and Acts of all former Assemblies should be produced, and put in Mr Archbalds hands.

Mr Thomas Sandilands answered—That he had receaved no Registers from his father, but only two books, conteining some acts from the yeare 1590, till the Assemblie at Aberdein, holden 1616. which therein is only begunne with the Minuts of the Acts of the said Assembly of Aberdein, in a paper-apairt with the Minuts of St Androwes following 1617, with the acts of the Assembly at Perth, subscribed be Mr James Sandilands, and delivered the samen to the Assembly: And, being posed for the rest of the registers, answered, in his fathers name, that he had gotten these two from the Bishop of St Androwes, and had never receaved any moe, neither from him, nor from the Assembly, nor from any uther.

The Moderatour craved that all the Registers might be had and brought foorth from the hand of any Clerk or haver of them, affirming that these bookes had in them matters of greater weight then all uther evidents of land; for they wer the Kirke of Scotlands Magna Carta, contayning all her priviledges since the reformation. He wished also that this Assembly should not be deprived of so powerfull a meane of information for proceeding in matters to be handled there.

The former Clerks sone affirmed that he had destroyed none of these bookes.

The Moderatour urged the production of these bookes, and desired the Commissoner to take course for it.

The Commissioner answered—That he was willing to use any good meane that could be used for production of these bookes, if any could show in whose hands they were; for (said he) I desire not that any register should be absent, but, above all, the Kirkes Registers.

My Lord Rothes said—That, by a warrant from King James, the bookes wer taken from Mr Thomas Nicolsone and the last Clerk, and put in the hands of the pretendit bishop of St Androwes, and so of neid, force and course must be taken for getting of these bookes from the Bishop.

Mr Archbald Johnston said—That, by Gods providence, als many bookes were come in his hands, as should be able to make up a perfite register of the whole affaires of the Kirke, from the Reformation until this day, which Bookes he produced on the table, and declared by whom and what meanes they wer come to his hands—To witt, Mr Robert Winrahame, Depute-clerk under Mr Thomas Nicolsone, and from him to Alexʳ Blair; of quhich bookes there are fyve volumes in folio. But Mr Patrick Adamsone, Bishop of St Androwes, rent ane of them, and yet there are four to the foir of them, written be Mr James Richie and Mr Thomas Nicolsone, qʳof the first two containes the acts of Assembly from the year 1560 to 1572, subscribed by John Gray, Clerk to the Assembly; and the third volume, fra 1586, till 1590, written and subscrived in the margine be Mr James Richie, Clerk to the said Assembly—the first Booke being ane great volume of the Acts of the Assembly, fra the year 1560 to 1590, (whereof he had but ane len from ane minister,) whereof, the first four volumes the said Mr Archbald declared he had receaved them from Alexʳ Blair, wreater, who was servant, and succedit in the place of modifications of Stipends to Mr Robert Winrahame, who had a deputation from Mr Thomas Nicolsone, Clerk to the Generall Assembly.

The Moderatour said—These are good and comfortable newis unto the Church of Scotland—that a perfect Register of the Acts of the Assemblies are yet to the foir, and that it was neidfull that course be taken for tryell of these bookes, whether they be these same bookes written be the Clerks, or be their deputs, or Copies only of these bookes.

It was answered be the Clerk, That they are the same, written and subscryved be the Clerkis oune hand, and the leaves riven out of ane of them be the bishop from the 22 to the 27 leafe, may yet be knewen be the marked number of the leafes. The first Clerk, Mr John Gray, who subscribed everie Assembly with his hand. The next is also subscribed; and ane Memorandum on the first leaf of it, where Mr Archbald Huntar past to the Chancelour Maitland and receavet that Volume, and this uther, and the halfe of that which was rent by Bishop Adamsone, is marked in the next booke. The third booke, and the first act of it, is the election of Mr James Richie, Clerk; which booke is all of ane hand write. The ane booke is from the 60 to the 70 year; the next from the 79 wherein the bishop of St Androwes is censured and excommunicat; and now, in God’s Providence, there is now in the present Clerks hands a perfyte Register from the 70 year to this last Assembly, for which all of us have reason to praise God.

The Commissioner said—See that we build on ane suir foundation, and try weill that these bookes be authenticks.

The Moderatour craved that some judicious men, and skilled in dignoscing hand writtes, might be nominat for tryell of these bookes; and intreated the Earles Lawderdaill, Southesk, and Argyle to take inspection of the Bookes.

Argyle objected his youth and unskilfulness for so weightie a charge, yet, at command of the Commissioner, declaired his willingnes to assist the work.

The Comʳ said, that if his aune paines could contribute any thing to the furtherance of the worke, he would be readie to sit up day and night, but would not lay the burthen on his assessours; for, he said, seeing it is refuised that they should be Members of the Assembly, he said he saw not how they could be appoynted for trying of these Registers.

The Moderatour answered—We are hopefull that their Lordships will not refuse to further the good of this Assembly, seeing it is said heir, it is not for want of due respect we owe to their Lordships, but only for preservation of the Kirkes liberties, as said is.

The Comʳ said—I cannot see how these that are not granted to be Members of the Assembly, can cognosce bookes containing matters of so great weight.

The Moderatour answered, that they can best judge.

The Commissioner said—But I cannot consent unto it. Therefor

The Moderatour said—Let the skilfullest of the Clerks of Session, Counsell, and burrow Clerks, with the Ministers, such as the Laird of Durie, the Clerk of Dundie, Mr Alexʳ Pearsone, with their Assessours to help them of the Ministrie.

Mr James Bonar. Mr John Row.

Mr John Livingstone. Mr Andrew Ramsay.

[The Moderator called upon] Mr John Row.

Mr John Row answered—That he had yett in his hands the booke of the Kirke Policie subscribed be Mr James Richie, Clerk, which will serve to dignosce the hand writt.

Mr Archbald Johnston said he had the principall Booke of Policie, written in lumbard paper, in his hand, which also would conduce to that end.

This being judged to be the fittest way for tryell of the Registers of the Kirk, and makeing them to be authentick,

The Moderatour desyred that the Commissioner would proceed to try the Members of the Assembly and the Commissions, that soe the Assembly might be fullie constitut.

The Commissioner answered—That he who yesterday presentit a written paper from the Lords of the Clergie, desires that his bill or paper might be first read for information giving, anent the Members of the Assembly to be constitut; and becaus the reading of it yesterday was denyit before a Moderatour was chosen; now ane Moderatour and Clerk also being chosen, I desire this paper to be read; seeing the objections qᶜʰ were proponed yesterday are now removed, and that Doctor Robert Hamilton may be called to produce the paper, written in name of the Lords of the Clergie and their adherents; who being called, compeired and presented his paper to the Commissioner, desiring he would give charge to read it.

The Moderatour said—Some parte of the Impediments of reading it in publict are removed, but not all; for the Assembly is not as yet constitut fullie. But, so soone as the Assembly is constitut, it shall be read before any other bill or paper qwhatsoever.

The Commissioner urged still the reading of it before the Members of the Assembly were agried upon and constitut, becaus the paper contained many thinges neidfull to be knowen before the Members of the Assembly be constitut.

My Lord Lowdoun answered—That the reasons proponed yesterday for not reading of it, are yet standing in force; and as it was inexpedient yesterday that it should not be read till a Moderatour was chosen, so it is yet inexpedient till all the Members of the Assembly be fullie constitut; for, (said he,) there is no Assembly constitut till the Commissions of the Commissioners to the Assembly be tryed.

The Commissioner replyed—It is a hard cause, that a man cited before the Assembly should not be heard to object against the Members of the Assembly who were to be there judges. Who ever heard that a man accused as guiltie of a fault, was refused to be heard to object against his judge?

My Lord Lowdoun answered—If the objection wer now against the whole Assembly, it could not be read before the Assembly wer constitut to be judges. But if the objections wer against any particular Member of the Assembly, it were only fitt tyme to object when that mans Commission were in reading.

My Lord Rothes said—Let objections be given in against a particular Member and it may be heard, but cannot be heard against the whole Assembly before it be constitut; and

The Moderatour eiked—If that paper should open your eyes to give further light after constitution of the Assembly, that the errour of not reading it before shall be repented in dew time; for no sooner shall the Assembly be constitut but it shall be first read.

My Lord Commissioner said—I take instruments of your refusall to read it.

My Lord Lowdoun answered—It cannot be said that the Assembly hes refuised till it be ane Assembly constitut. Neither yet is the paper presented to the Assembly, but to your Grace.

The Commissioner replied—Because ye have refuised I took it; and I crave it might be read.

My Lord Lowdoun answered—So soon as it is an Assembly, it shall be read.

The Moderatour said—Then let us proceed to the tryell of the Commissions, that the Assembly might be constitut, and then it shall be read.

The Commissioner said—I am content, so be my Lords of Clergie receave no hurt nor prejudice; and before yee proceed, 1 ask documents that nothing be done in tryell of Commissions, and constituting the said Members of Assembly, to the prejudice of the said Lords of Clergie; and I desyre that the newlie constitut Clerk may pen ane act for this effect and give out ane extract of it.

The Clerk answered—I can neither make nor give out Acts without a warrand from the Assembly; and the Assembly cannot give warrand till it be constitut.

Then (said the Commissioner) I will take instruments in the hands of the Lord Register, seeing the Clerk of the Assembly refuses to write.

The Clerk said—I shall write it quhen the Moderatour gives direction; yea, I shall write it presentlie, but cannot give ane extract of it till the Assembly be constitut.

The Commissioner said—If ye be Clerk to all, why not to me? Shall I make a Clerk for myselfe? I did protest before, that niother the Lords of Clergie nor their adherents should be prejudged in their dignities or priviledges, by their refuseing to read their paper, presented by Dr Robert Hamiltoun; which paper containes reasones against election of the Members of Assembly.

My Lord Traquair said—It is very hard that these reasons against the election of such and such Members of the Assembly should not be heard.

The Moderatour said—When the Assembly is fullie constitut, then the Member complained of shall be removed.

The Commissioner said—I still will protest in name of the Lords of Clergie and their adherents, that they receave no prejudice by your not reading of their paper before the Assembly proceed to the examination of Commissions.

My Lord Traquair said—The protestation is upon your refusall to read it.

My Lord Lowdoun answered—Their refusall is no longer then till the Assembly be constitut; their reading of it is only deleyed till then.

The Commissioner said—But for my securitie I will take instruments of all in my Lord Registers hand, till that promise he performed; for, albeit I be his Majesties Commissioner, yet am I a poor subject, and must answer for my service.

The Moderatour said—I will judge reverentlie of your Graces proceedings; yet I may say there is a too too burning haste in these men for whom your Grace pleads, that they will have their bill read before the Assembly be constitut.

The Comʳ answered—They have reason to look to themselves, seeing it stands them now on their reputation, dearer to them nor their life; and, therefore, thinkes it only now fitt tyme to use their best defences: for what weight will their reasons have when their parties are constitut their judges? If myselfe were to be constitut judge, I would not refuise to heare reasons why I shᵈ not be such a mans judge; therefore, I requeist the Moderatour to state the question, and ask the Assembly what they think of it?

Then the Moderatour said—There is a motion made anent the reading of a paper, given in be the pretendit Archbishops and Bishops, and their adherents, for clearing of yʳ mynds who are present, concerning the election of the members of this Assembly, and ye did formerlie refuse it till the Assembly was constitut. Now, it is urged againe; and, therefore, I ask, whether it be convenient to read it now, or to delay it to the Assembly be constitut, and the commissions tryed?

My Lord Traquair said—If my Lords of Clergies information be not read before the voit and judgment of the Assembly be given, and before a judicatorie be constitut, it shall be to no purpose thereafter; therefore, it is only craved that then information may be heard, and no answer shall be craved till the Assembly be fullie constitut.

The Moderatour said—An absolute judgement of the Assembly shall not be given without reservation.

My Lord Traquair said—Instruments should be taken before they give out their judgements, that it prejudge not my Lords of Clergie.

My Lord Lowdoun answered—Ye cannot crave the judges Sentence in this matter before the judge be constitut.

The Comʳ said—We only crave to informe these who should be judges, and that reasons should be heard wherefore they cannot be judges.

My Lord Lowdoun replyed—It is no wayes competent to this Assemblie to heare that information as a judge, before yʳ be a judge, seeing that information shall be alse valide after the Assembly is constitut as now.

My Lord Traquair said—What if it can be showen by good reason, that such ane election of the members of this Assembly as ye are about, cannot be; and if this be, how shall it be tymeous to show it after the election is made?

My Lord Lowdoun answered—The judicatorie being constitut, it shall then be judged.

The Moderatour said—Whether should our owne or externall instruments be first heard?

My Lord Traquair answered—When a judicatorie is to be sett, whether is it more propper to except against those who are to be judges, before or efter the judicatorie is established?

The Moderatour answered—They shall be heard; but ourselves must be first heard.

My Lord Argyle said—I compare these here conveined to be ane assise nominat, but not yet sworne why may not then we, ane pairtie accused, informe the assise before it be sworne?

The Moderatour answered—We doe verilie perceave great sufficiencie in the Commissioners Grace, who only should speake here unto us; and if your Lo. have any information to give in, doe it in a convenient tyme; and it is not fitt your Lo. should speake here as a Commissioner; and it will be hard to us to make answer to every difficultie that such a number of wittie noblemen can propone.

My Lord Lowdoun said—My Lord Argyles instance is verie fitt, if these men who desires their information to be read would come in here as men pannelled before ane assise.

My Lord Argyle answered—There is a sort of acknowledgement be them of a judicatorie here, when they desire such a information to be read before it.

The Moderatour said—They shall be judged in nothing here till they have gotten libertie to speak, and except against any Commissioner here present.

The Comʳ said—If this be ane free Generall Assembly, why may not any propone their doubts? How can this be refuised to my Lord Argyle and others, they being Peires of the land, which cannot be denyed to Scottismen?

After sundrie speaches uttered be my Lord Argyle, Traquair, and answers given thereto be the Shirreff of Teviotdaill and my Lord Lowdoun, anent the comparisone taken from assise, it was concluded that the paper given be Doctor Robert Hamilton, in name of the Lords of Clergie and their adherents, should not be read till the Assembly was fully constitut.

Sess. 4. November 24, 1638.

The fourth day, be reason of the Commissioners delay in not comeing at his appoynted houre, the Moderatour desired that matters to be handled might goe one in his Grace his absence, and a promise that a full narration of thinges handled should be made knowne unto his Grace at his first incomeing, which the Comʳ refuised, seeing he was bound to give particular accompt to the Kings Majestie of everie thing done, therefore behoved to be ane witnesse of everie thing that should be done.

The Moderatour said—We left at the examination of Commissions, which serves for the constitution of the Assembly; and we crave that we may now proceed in the examination of Commissions; and the Commission given in for the Presbitrie of Dunce, was first read; next, the Commission for the Presbitrie of Chirnaide.

The Moderatour said—We need not to crave the voits of the Assembly anent every Commission; but, if none speake against a Commission, after it is read, we will hold silence for a consent and approbation of the commission.

The Commissioner answered—If ye appoynt that silence shall be taken pro confesso that the Commission is valide, I protest that my silence be not so exponed, but that I may have libertie to object against any Commission or Commissioner, in my owne tyme, becaus for the present, I am not instructed with objections which I have and will make hereafter; and to this protestation, the Moderatour, in name of the Assembly, assented; and so the Clerk went on to the reading of the rest of the Commissions, and red the third from the Presbitrie of Kelso; the 4 from Jedburgh; the 5 from toune of it; the 6 from Ersiltoun; the 7 from Lawder; the 8 from Selkirk; the 9 from the toune of it; the 10 from Dumbar; the ij from the toune of it; the 12 from Northberwick toune; the 13 from Hadingtoun; the 14 from Dalkeeth; the 15 from the Presbitrie of Hadingtoun; the 16 from Edinburgh; the 17 from the Colledge of it; the 18 from Linlithgow; the 19 from the toune of it; the 22 from the Presbitrie of Peibles, and a Protestation given in against it be Mr Robert Ellot, as a Commission purchased be indirect meanes used be the Lord Traquair.

My Lord Traquair, hearing his name called in question, thought himself much wronged, being calumnat be such a man, whom he would prove to be both a bryber and ambitious; and that he should be by him brought upon the stage before so reverent and grave ane auditour; and complained to the Commissioner of the Ingiver of the Protestation as ane infamous lybeller against ane officer of Estate, and Counsellour of his Majestie; and the Comʳ promised that the ingiver should be censured according to justice, in tyme and place convenient: therefore, both the Commission and the protestation was layd by till the fitt tyme of tryell.

The 23 commission was then read frome the toune of Peibles; the 24 from Middlebie; the 25 from Lochmaben; the 26 from the toune of it; the 27 from Mentoun; the 28 from Penpont; the 29 from Drumfreis; the 30 from the toune of it; the 31 from Kircudbright; the 32 from the toune of it; the 33 from New Gallaway toune; the 34 from the Sanquar toune; the 35 from Wigtoun toune; the 36 from Wigtoun Presb.; the 37 from Stranrawer; the 38 from the toune of it; the 39 from Air; the 40 from the toune of it; the 41 from Irving; the 42 from the toune of it; the 43 from Rosay; the 44 from Argyle; the 45 from Dumbartoun; the 46 from the toune of it; the 47 from Paisley; the 48 from Renfrew toune; the 49 from Glasgow; the 50 from the toune of it; the 51 from the colledge of it.

It was asked, why the Colledge of Glasgow put in 4 in their Commission, when uther Colledges hes but ane, and it was layd by to be examined.

The 52 [Com.] from Rutherglen toune; the 53 from Hamilton; the 54 from Lanerk; the 55 from the toune of it; the 56 from St Androwes; the 57 from the toune of it; the 58 from the Colledge of it; the 59 from the toune of Creall; the 60 from Kilreny toune; the 61 from Anstruther Easter; the 62 from Anstruther Wester; the 63 from Pittinweeme; the 64 from Coupar; the 65 from the toune of it; the 66 from Kirkcaldie; the 67 from the toune of it; the 68 from Dysert; the 69 from Kinghorne; the 70 from Bruntyland; the 71 from Dumfermling; the 72 from the toune of it; the 73 from Culros; the 74 from Innerkeithing; the 75 from Dumblane; the 76 from Auchterardour; the 77 frome Perth toune; the 78 from Dunkell; the 76 from Megle; 80 from Dundie; 81 from the toune of it; 82 from Forfor toune; 83 from Brechen, on the back of which Commission there was yʳ a declaration written in favours of the Laird of Din, Commissioner, subscryved be ane number of barons, and some noblemen to it, beside these insert in the Commission it selfe, who gave consent to the Commission. This writ, on the backsyde of the Commission, was for clearing the sufficiencie of it, in respect that ane vther Commission was granted be the same Presbitrie of Brechen, appointing my Lord Carnagie, ruleing elder, for ane Commissioner; ane copie of which Commission, with ane declaration upon the back thereof was craved be the Commissioner, vnder the Clerks hand, that he might thereby be the better instructed for objecting against any vther Commissions, and might have his mynd cleared in sundrie particulars which might conduce for the furtherance of his Majesties service.

The Moderatour answered, That his Grace should have ane copie of the Commission itselfe, but not of that which is written on the back of it, seeing it is not given as a parte of the Commission, but only a privat thing written by the ingiver, for clearing of his Commission.

The Commissioner said, Seeing that which is written on the backsyde of it may serve to further my masters service, why should a copie of it be denyed to me, seeing my desyre is reasonable? I cannot compell to give it, but, if it be denyed, what can I say but I am vsed in that as in the vther things?

My Lord Rothes said—The pairtie ingiver hes yet in his power to retreat and draw back both the Commission and all that is written upon it; and therefore the Clerk can give no copie nor extract of it till the Commision be authorized and made lawfull in judgement; for, till that, as it is only a privat paper which the ingiver may doe now if he have not a mynd to stand to it.

No, said my Lord Traquair, he may not draw it back, if it may contribute to the furtherance of the Kings service.

My Lord Lowdoun said he may not only draw it back, but ryve it.

No, said my Lord Traquair, seeing it is now produced in judgment; and the

Commissioner eikit—Not only is it produced in judgement, but hes at it the subscriptiones of a number of Noblemen barrons, who we hope will stand to it.

My Lord Montrois said—We will not passe from a jote of that which may serve for the clearing of the Commission.

Therefore, said the Commissioner, that which is written on the backsyde of the Commission, serves to prove the legalitie of the election of the Commissioner, and is used as ane argument to prove the illegalitie of ane uther Commission from the same Presbitrie. Why then should I not have a copie of that which is written on the backsyde of the Commission, seeing I find it serve much for the furtherance of my Masters service? My Lord Yester answered—It is not propper for the Clerk to give ane copie of extract of that which is not insert in the records of Assembly; and only the Commission will be registrat in the bookes of Assembly, when it is approven, but not that which is on the back of it.

The Moderatour eikit—Only that which is given to the Assembly for a Commission, may be craved of the Assembly; but that which is on the back of it is not given for a Commission, or any parte thereof, but only written on the back of the Commission given in accidentallie, and may be obliterat.

The Commissioner asked, how that could be called accidentall which had at it the subscription of 40 hand writtes, and produced in judgement to be read?

The Moderatour said—That on the back of the Commission is only accidentall, and I shall cleir it by ane supposition. There is ane evident given in before the Lords of Session, and on the back thereof there is ane compt written on some privat bussineese of the owner of it. Shall the Lords of Session, or the Clerk, be obliged to give out ane extract of the mans compt? No more can the Assembly or Clerk give out ane extract of that which no wayes belongs to them.

My Lord Forbes said—The ingiver hes power to eike, paire, or draw back at his pleasure, and such Commissions that are contravened are referred to ane vther day.

Mr David Dick said, Let the Ingiver of the Commission be asked, whether that on the back of it serves for approvation of his Commission or not? for, if it be only a probation of it, then that which is on the back should not be read till the time of probation, and for the tyme, only a copy of the Commission may be craved.

The Comʳ asked the voits of the Assembly whether or not a copie of all should be granted.

My Lord Lowdoun answered, that there could be no voiting till the Assembly be established; but so soone as it shall be established, it shall be granted.

Then, said the Comʳ, I take Instruments that such a Commission was given in to be read, on the back whereof there is a written declaration of the lawfulness of the election of the Commissioners of Brechin, and desires it may be keeped in the Clerks hands.

The Moderatour regrated much that the weightie and grave matters of the Assembly should be thus deleyed, and said that it had been better to have wanted all the Commissioners from Brechin; quhereat

Southeske cappit and unreverentlie replyed to the Moderatour, that he wronged them that wronged not him, and whom he had no reason to wrong.

The Moderatour answered—That what he did speake was within the bounds of reason, and he would be answerable for it to the Assembly; neither would [he] have expected from his Lordship such an undeserved censure.

Lowdoun answered—That it was ane great wrong that the Moderatour should be upbraided by any for preferring the publict weill, and the effaires of the Assembly to any mans particular.

Mr David Dick said, That God will trouble the impeaders of his owne work.

This was like to have drawen to a great heat if the Commissioner had not prevented it by commanding them to silence.

The 84 Commission from Ruthentoun was read; 85 from Arbroath; 86 from Montrois; 87 from Arbroth toune; 88 from Mernes; 89 from Aberdeine; 90 from the Colledge of it; 91 from the toune of it; 92 from Die; 93 ________________________; 94 from Ellon; 95 from Turreff; 96 from Kincardine.

Sess. 5. [November 25.]

After in calling vpon the name of God,

The Clerk went forward in reading the rest of the Commissions; and the 97 Commission, Garrioch, was first read, and billes of Complaint given in against the Commissioner, containing reasons why he should not be receaved as Commissioner, and was referred to tryell. The 98 from Fordice; 99 from Bamff toune; 100 from Elgin toune; 101 from Strabogie; 102 from Forres; 103 from Forres toune; 104 from Innernes; 105 from Innernes toune; 106 from Chanrie of Ross, and a protestation against it by Sir John MᶜKenzie; 107 from Tayne; 108 from the Toune of it; 109 from Dingwall; 110 from Sutherland; 111 from Cathnes; 112 from Orkney, from Patrick Smyth of Braco,137 and it was castin, being found nather from a Presbitrie, burgh, nor subscriving Minister.

The Moderatour said—Now the whole Commissions are read; and of all there are onlie 13 contravertit; and we have now reason to praise God, that, be the silence of all that are present, the rest of the Commissions are approven, and that, in Gods singular favour, we have place and power to voit and treat of all matters that shall come before us. As for these controverted Commissions, it is now tyme we should examine them.

The Commissioner said—If ye proceed to examination, I shall adhere to my former protestation of libertie to object against any Commission in my owne tyme.

My Lord Rothes answered—It is now fittest tyme.

The Commissioner answered—I find not yet my fitt tyme to make any objections, but seeing tyme reserved to me I will choose it.

Then the Moderatour said—Let the Commissions which are in question be discussed, and begin at the Presbitrie of Peibles, given, October first, to Mr James Bennet, and Laird of Posso, subscryved be the Clerk.

The Commission was read, and a protestation against it, alleadging that that election was not free, for many reasons.

My Lord Traquair craved libertie to speake in defence of that Commission: and

The Moderatour required that he should speake of the Minister who gave in the protestation, with a respect due to a Minister of Jesus Christ, till he was declared infamous.

My Lord Traquair answered—That he had no purpose to reckon for the tyme, but would referre the challenge against him to the Presbitrie; only craved libertie to regrat that so unjustlie he was brought upon the stage, seeing he did attest all the witnesses that were present at the outgiving of that Commission, that he did carry himself humblie and modestlie, as became a good Christian, intending nothing but a free and peaceable election; and that he did not utter any crosse word, or a word smelling of passion or discontent; and he attested God that the matter was as he said. Then he declaired that there was a formall process [extract] of that election in the hands of the Clerk of the Presbitrie, which, being produced, would make it cleare how unjustlie he was accused; which process he promised to produce the next day.

The Moderatour answered—If the process come from ane honest hand, and be clearlie and formallie deduced, it shall have faith; and, if the pairtie protester against the Commission can prove the contrare be sufficient witnesse, he also must be heard.

Mr Lord Traquair answered—It is hard to heare witnesses agᵗ a eldar, and formal process given in by a famous Clerk in writt.

The Moderatour asked at Mr Robert Ellot, (who gave in the protestation,) what he could say? He answered, That it was a vyld imputation layd to his charge, that he should be ane vnjust accuser of such a nobleman; but, sayth he, if I have done no evil, why am I called a basse, ambitious, brybbish boddie, in the hearing of this reverend assembly? But I passe it, seeing my Lord was called a Carpenter, a wine bibber, and ane enemie to Cæsar, and that he had a divel; yet I have said nothing as a libeller against my Lord Traquair, for I was readie to spend my life in his service; and I judged that he should have lyked the better of me, that I should have protested against any thing which seemed to prejudge this Assembly.

The Moderatour asked if the protestation made against that election was made in a Clerks hearing before witnesses, and if it was written and marked?

Mr Robert Ellot answered—That he protested openlie, and desired to be so heard, but it was refused.

My Lord Traquair answered—The process in the Clerks hand will clear all which is ordained to be produced; and if, after tryell, I be proven not to have been ane intruder of my selfe, or ane indirect dealler, seeing I walked so circumspectlie, I crave the wrong done to me may be redressed; for, before God, there is not a circumstance of that which is alleadged true.

The Commissioner answered—If he should continue in his office, he should have the wrong redressed: if not that, he should deale with any to occupy his place.

To that end, my Lord Rothes said—If there be wrong on his parte, the censure of it is competent to this Assembly.

The Commissioner said—I intend not to derogat any thing from the authoritie of this Assembly, but rather would contribut unto it, and preserve it in its oune integritie. But I would not that the Royall authoritie should so suffer that ane officer of Estate, being accused unjustlie, and so wronged, should not be repaired according to Justice.

My Lord Rothes said, that the tryell of this alledged wrong is only competent to this Assembly.

The Commissioner answered—I doubt not but the Assembly will doe to my Lord Traquair what is right; but I speake of the King’s right, and I know the Assembly may only judge in ecclesiasticall matters.

My Lord Traquair said—I declyne not the Assembly as judges in this matter; for I am content to subscryve ane blank paper, to be filled up by the Assembly; yea, I darre remitt the tryell of it to any Member of the Assembly.

The next Commission that was examined was from the Colledge of Glasgow as singular, containing four Commissioners, when other Colledges hath but ane, according to the act of Assembly.

The Principall, Doctor John Strong, craved the production of the Act; and after that the Act was considered, it was found that Colledges could have no privilidges above a Kirk, and therefore, ane act was sett downe, that ane colledge should have but ane voit in ane Assembly.

The 3d Commission from the Colledge of Glasgow was layd by till the Commissioner should find a fitt tyme to object against it.

The 4 from the Presbitrie of Ross. It was objected against it that it was onlie ane parte of the Presbitrie of Irwing, and it was acknowledged to be so of old, but was now disunited by the Bishop of Iles, as was alledged; but becaus it was not clearlie instructed, neither yet had beene in use to send Commissioners to former Assemblies as a presbitrie constitut, It is ordained that the Commissioners now sent shall have no voit in this Assembly; and becaus of ane large distance of place, and sea betwixt it and Irwing, it was thought fitt that hereafter it shall contribut a presbitrie of itselfe.

The 5 Contraverted Commission from the Presbitrie of Brechin, which after reasoning much too and fro, the tryell of it was referred to a particular committee—

Masters Andrew Ramsay, Robert Douglas,

David Dalgleesh, John Robertsone,

James Bonar, Alexʳ Somervell,

with power to them to take the oathes and deposition of the thrie Ministers Commissioners for clearing the matter, and reporte the diligence to the Assembly.

The 6 Commission, from Kincarden presbitrie, was examined; and being found that the Commissioners were not elected in the ordinar Meeting place, nor in the ordinar tyme, but only by the Bishop in ane uther place, and ane uther tyme, and without the consent of elders, and without the knowledge of particular Kirks, therefore it was rejected.

The 7 Commission, from the Presbitrie of Aberdein, after tryell, was approven, and Mr James Harvie and Doctor Barrons was rejected, as done nather in place nor face of a Presbitrie, without any advertisement to the congregations, and being only subscrived at that tyme by themselves, who wer Commissioners, and by thrie uther Ministers thereafter, in their owne houses.

8. Anent the Commissioner of Garrioch, Mr Androw Logie, sundrie complaints being given in against him, wer remitted to a Committee—viz., Mr Andrew Cant, Mr James Martine, Mr Thomas Mitchell, and Dr Guild.

9. The two Commissions given in from the Chanrie of Ross. The Laird of Tarbet produced ane Instrument against Mr Thomas MᶜKenyies Commission, and assured the uther lawfull Commissions were comeing. The said Mr Thomas being rejected, produced a protestation against the Constitution of this Assembly of Ministers and elders.

My Lord Rothes asked instruments, and protested that such a Complaint and protestation was given in by the said Mr Thomas. The Commissioner also tooke instruments of the production of it.

Mr Andrew Ramsay offered presently to prove from Scripture, antiquitie, consent of uther reformed Kirkes, standing practices of our aune Kirke, and bookes of Assemblies, that ruling Elders are lawful and necessar Members of ane Assembly.

The Commissioner, acknowledging his owne weaknes for disputeing of that question, promised, in a convenient tyme, to bring foorth some who would dispute against ruleing Members, as no lawfull Members of ane Assembly.

The last question, about the Commission from Orkney was declared null, having no consent of Presbitrie, nor subscription of ane Minister, toune, nor colledge.

The Moderatour answered—Now the whole Commissions are examined, and found good, except some few. It is now expedient that the sufficiencie of the Kirke Registers be cleared, that they may be declaired authentick.

The Commissioner answered—It is a good work; but I have some scruples not yet removed.

Then, said the Moderatour, Let some be appoynted for tryell of the Registers; for the Assembly being now fullie constitut, after the examination of all contraverted Commissions, may give their Commission for tryell of the Registers, and let their testimonie anent the perfection of the bookes be given in the morne.

Masters Masters

Andrew Ramsay, John Adamsone,

John Row, James Bonar,

Robert Murray,

Alexʳ Gibsone, yoʳ of Durie,

Alexʳ Wedderburne, Clerk of Dundie,

Alexʳ Pearsone, Advocat; with such uthers as they please to joyne with themselves.

Sess. 6. [November 26.]

After in calling upon the name of God,

The Moderatour said—Let us begin where we left, at the tryell of the record of Assemblies. There was a Committie appoynted yesternight to give in their testimonie anent the authentickness of the Registers. If it please your Grace, let their answer be heard.

The Commissioner having assented,

The Moderatour called upon these who wer appoynted for the examination of the Registers, to report their testimonie.

Durie said—Please your Grace and this reverend Assembly, We shall either give in our reasons be word or writt.

The Commissioner said—I desire to heare them give them in any way ye please.

Then the reasons of the authentickness of the Registers were given in be writt, and read by the Clerk.

The Moderatour said—Please your Grace, here is the testimonie of these that have skill in trying the Registers better nor any here present can relate. Hes your Grace gottine satisfaction?

The Commissioner answered—Verillie it is a matter of verie great importance, and there shall be no man more glad nor I, to see the Registers of the Kirke found reall, and proven to be authentick. I am far from contradicting anything these worthie gentlemen hath done; for it were impertinent so to doe. I can say nothing at the first hearing of a paper read; but it may be, that many scruples come in my mynd concerning them; yea, I have alreadie, whereof I am not resolved. This is the first tyme that ever I heard it read, and, therefore, I cannot give my judgment of it. I must confess my ignorance in thir things; and, therefore, I must be verie loath to give my assent or approbation to anything wherein I am not both clear and persuaded.

The Moderatour said—Hes your Grace any scruples to propone for the present?

The Commissioner said—I must think upon all before I propone them.

The Moderatour said—I would desire this reverend Assembly, that if there be any here, noblemen, gentlemen, ministers, that if they have any thing to say agˢᵗ this information concerning the authoritie of the Registers, that they would propone them, either now by word, or in a short tyme by writt, that this Assembly may make a declaration that they are authentick; and, if no objection be made against them, we will take your silence for an approbation of their authoritie. If ye have any thing to say, bring it foorth presentlie; if not, produce it in writt against the morne.

The Commissioner said—I am verie confident that there is not the Regents hand writt.

Durie answered—If it was not his hand writt it wᵈ have sic subscribitur, as all uther copies uses to have. I will not affirme that everie reason given for proving the authoritie of the bookes is unquestionallie good; but que non prosunt singula, multa juvant. I daresay this farre: all the Registers of Sessioun, Counsell, and pryme judicatories of this kingdome, are alse farr short of the Registers of the Kirke, as these Registers are short of these things treated here.

The Commissioner said—Truely, sir, I cannot but acknowledge these reasons hath cleared verie much, and verillie they have removed many scruples that myself had before the hearing of them; so that I will not contradict them: but I still doubt if that subscription be the Regents hand.

Moderatour said—If there be any brother that has any copie of James Richie, or John Gray, clerk to the Assembly, their hand writt, let them produce, to give farder information to confirme this information; for, possiblie, some minister or uther that hes some record that may give testimony and approbation to this hand writt.

Then Mr John Row produced ane copie of severall acts of the booke of Policie, written be the said Mr James Richie, and subscryved with his hand; ane uther brother of the Presbitrie, which he had keeped himself now 52 yeares; and the hand writt of the Assembly Booke and the Copies being compared, and seene be the Commissioner himself, they were acknowledged to be ane hand writt.

The Moderatour said—If any man have any thing to oppose against these bookes, let him now bring it foorth, that ane Act may be made; for, if no man produce anything, they will be acknowledged be the Assembly to be authentick hereafter.

Then the Moderatour, professing his owne insufficiencie for so weightie a charge as was now layd upon him, craved that some assessours might be nominat to joyne with him in a privat conference for ordering of matters to be proponed in Assembly.

The Commissioner answered, that he would not oppose any laudable custome of former Assemblies; but let the Clerk and Lord Register mark that my assent be no wayes prejudiciall to my masters right.

Mr David Dalgleish said—I have seen Assemblies of old, and such pryme conferences, according to my poore observation, hath wrought great prejudice to the Kirk; therefore, I would wishe that all were done by a voluntar consent, and by the concurrance of the whole Assembly.

Moderatour answered—Please you, the advice of the Privat Conference has done harme to the Assembly, but not the use and institution; for, of its inowne nature, [it] is very helpfull. They aught, deed, to keepe themselves within their owne bounds, and doe nothing that may be prejudiciall to the Assembly; but doe yee think it is possible for a man to propone matters for so great a meeting without assessours?

The Assembly declaired, there needed no Act be made for assessours, but that the Moderatour may choose at his owne discretion, some few to assist him in the ordering and proposition of matters; whereupon the Moderatour nominat—

Mr Hary Pollock, Minister at Edinburgh. Mr John Adamsone, Principall of the Colledge thereof. Mr David Dick, Minister at Irwing. Mr David Dalgleische, Minister at Coupar. The Earles of Rothes and Montrois. The Lords Lindsay, Lowdoun, and Balmerino. Sir William Douglas of Cavers. The Laird of Keir. The Laird of Haughton. James Cochrane, burges of Edinburgh. James Fletcher, Provest of Dundie. Mr Robert Barclay, Provest of Irwing.

My Lord Lowdoun said—Please your Grace, these assessours are only to advise what is to be done first, and what next, for greater expedition and acclerating of buseinesse.

The Commissioner said—I have alwayes bene carefull to eschue the speaking of any thing that might impede this great and good worke, and so shall I still be; yet must I be carefull that my silence be not prejudiciall to my gracious Master and Soveraigne; and, I hope neither your disposition, nor any here present, intends any wrong be what they say or doe, to auctoritie. But I have bein told that the overtures and proponing of matters doe principallie belong to his Majestie, what he thinks fitt to be agitat in the first place, in the midle, and in the last place; therefore I cannot passe by my just protestation, that this prove no wayes prejudiciall to my Masters service, and I receave no imputation by saying nothing. Whereupon his Grace tooke protestation.

The Moderatour said—Your Grace needed not to have protested, seeing the Assembly was content that everie thing done in the Assembly should be done with his Graces consent.

My Lord Rothes protested that the ordering and proponing of matters pertained only to the Moderatour.

The Commisioner said—Indeed I am well pleased to heare that from yow; but I must be carefull of my Masters right; and I hope it shall be seene to future ages that I have bein ane honest and trustie servant to my good and gracious Master.

The Moderatour desired his Grace to condiscend upon an houre for the Meeting of the Assessours formerlie nominat, and said it was the custome to meit in the Morning before Sermon.

The Commissioner said—I am told that the tyme and place uses to be appoynted be his Majestie or his Commissioner, who was alwayes present at these privie conferences; and therefore I protest that I be present at them all.

The Moderatour said—We shall be verie glad of your Graces presence and assistance; for we hope your Grace will be a helpe and not a hinderance unto us. Therefore lett us know the tyme and place which seemes to be most convenient, that the tyme be conforme to the dyet of this Assembly.

The Commissioner said—When my leasure can serve, I shall be readie to give attendance.

The Moderatour asked the opinion of some of the brethren. Mr Robert Douglas, Mr James Bonar, Mr Andrew Cant, Mr John Bell, said, that the tyme might be appoynted by the Moderatour; but it must be advertit that nothing be determined in these privie conferences, nor any thing prejudiceall to this free Assembly; but only that matters be ordered and digested be them, that soe things might be rightlie proponed in the Assembly.

The Moderatour said—I was present at these Conferences, at ane Assembly in Aberdein In 1616, and they tooke very much upon them, for all matters were concluded and determined; that the privie Conferences satt 3 or 4 houres, and the Assembly satt but ane houre, and intimation was only made in the Assembly of their Conclusions, and the Assembly was asked if they had any thing to say against it; but I hope they shall hold themselves within their bounds.

The Moderatour said—There uses some to be naimed for receaving of papers and billes that are to be given in, becaus it will not be convenient that the whole Assembly be troubled with everie particular complaint; therefore let some be nominat for vieuing of the Billes, that hes best skill in matters of this kynd, that they may report to the Assembly, what is pertinent to be handlit here, and what not.

The Commissioner said—There is nothing that hes bein the order and custome of Assemblies but I shall heartillie consent unto it.

The Assembly appoynted for receiving of Billes, &c.

The Moderatour desyred that the rest of the Commissions that were not cleared and approven, might now be examined; and first he desyred to hear the report of these that were on the Commission for Brechin. They answered that they were not sufficientlie instructed.

The next was Commission from Peibles.

My Lord Traquair said—For clearing of the sufficiencie of this Commission, ye may see the whole process under Mr Patrick Purdies hand, Clerk to the Presbitrie, who is here present.

Mr John Bennet said—We, the Commissioners of Peibles, have hitherto been silent; now we desyre to be heard, and that this reverend Assembly would take this matter to their Consultation; for here is ane whole Elderschip accused by ane man, whereas the Scripture sayes—“Accuse not ane elder but under the testimonie of two or three witnesses;” and this Man, ane of our bowells, of whom we expected better things, hes now brought us on the stage, and spitted on our face, and brought us in suspition, by surmizing speaches, and open challenges; and this he hath done under pretence of zeale for the freedome of this Assembly, quhilk God forbid we should prejudge. We are heir, Men, haters of vyce and lovers of veritie, willing to give all our concurrance to everie good worke.

The Moderatour said—It is not an accusation, but ane Protestation; and it will appeare by the determination of the Assembly, whether he hath done wrong or not.

My Lord Traquair said—I know certainly they have a Commission most warrantable; but since now it is contradicted, I submit myself to the judgement of the Assembly; and I crave that the whole proces may be read to the Assembly, that it may be knowne on whose parte the fault is; and if it doe not clearlie improve what Master Ellot hes said, and make good what I have said for myselfe, or if there be a syllable or circumstance of that quhilk he alledges true, or if ever I have a thought in that kynd, I were not worthie to come amongst Christians, let be to come here; for it is impertinent, if not impudent, for a man to intrude himselfe in such an action as that which is against all conscience and dignitie. But I propose not now to use any recriminations.

Mr Robert Ellot said—My Protestation is not accusation or challenge against any mans persone, but agᵗ the informalitie of the election of the Commissioners, least this Assembly should be challenged afterward for admitting such a voice in matters as was not instructed with sufficient Commissions. Alway I am sorry that my Lord Thesaurer should be offendit. I thought his Lordship should not have been offendit; for, God is my witnesse, I neither intendit, neither have I given any occasion of offence.

My Lord Traquair said—I submitt to the judgement of this honourable company, if this be not rather an accusation nor a protestation, and that in a high streame, challenging me for intruding myselfe in that bussines after so unjust a way; but neither this assertion nor myne can take away ane judiciall act. I hope both our partes shall be cleared be the Proces quhich must have faith, except ye will offer to improve the writt, and prove the Clerk to be false.

The Moderatour said—It is possible he may give some information for himselfe, which will not contradict but may subsist with the proces.

Then the proces was given to the Clerk and read.

Traquair said—I doe not say but my judgement may differ from Mr Ellots or any other mans; but if thare hes been any illegall way usit by me, I am readie to answer according to law and reason; but if his judgement doeth not goe alongst with me, I hope this will be no reason to condemn myne for it; and when this honourable meeting hes considered this proces, if they be not satisfied, I will submitt myselfe to their judgement.

Moderatour said—That Mr Ellot had nothing to say against the proces; quherupon the Thesaurer tooke Instruments, that Mr Ellot acquiesced to the trueth of the proces.

My Lord Yester requyred that these who were present might be asked concerning that quhilk Mr Robert had alleadged; for he sayes nothing contrare to the proces, but something more nor is in the proces. And he hath given in a protestation only, and not ane accusation; and when I posed him straitlie, what moved him to give in the protestation, he tooke God to witnesse that he did it out of conscience and love to the good of the Cause.

Traquair said—My Lord, let me speake as good friends and Christian subjects ane to another.

Yester answered—I desire earnestlie it may be so; but it may be I cannot speake so pleasantlie to your Lordship as I would, be reason of this throng about.

Traquair said—I take it to be a clame and accusation against the formalitie of the election; and what is in the proces, I remitt it to the judgement of the Assembly, and if any thing be called in question which the proces cannot cleare, I shall justifie ane uther way.

Sess. 7. 29 Novʳ 1638.

After in calling upon the name of God,

The Moderatour said—We left at the testimonie which was given by skilled men who wer appoynted for trying of the Kirk Registers, and their testimonie was read in your hearing; and we requested all to bring in this day, their objections and scruples concerning these registers: now we crave that ane who pleases would object; for if no man object, an act or record will be insert in the bookes of the Assembly, declairing that these bookes are authentick.

The Commissioner said—No man here shall have greater joy nor I, to heare the registers of the Kirk perfyte, and no man shall contrubut more to it then I, being a matter of so great importance or weight; for upon the acts set doune in these bookes very much depends. But becaus ye have heard [objections] be the Lords of Clergie made, and their adherents, against the legallitie of the proceedings of this Assembly, I am tyed yet to say somewhat; and I am sorrie that I must protest against that in word which my heart desires not. Sore greeved I have reason to be to protest against so good a work as is the restoreing to the Kirk of her records; yet considering many causes which now I will not expresse, I am forced to protest against it: ffor albeit these bookes may be found authentick be the consent of this Assembly, yet may I doe nothing which may import either his Majesties assent to it or myne; and therefore heir I make protestation against.

The Moderatour said—We only crave the Assemblys approbation; and if the pretendit Bishops or any uther will take upon them to improve these bookes, or any parte of them, they shall be heard. It is pittiful there should be such a rent in our Church, so fearful, and that any point of the cause of it shall be imputed to authoritie, if we consider what a sweete unitie was ance in this Kirk. To clear this unitie, I will read a testimonie out of the preface of the booke called “The Harmony of the Confession of the Reformed Kirkes.” After the reading of it in Latine, he exponed it, shawing the rare priviledges of the Kirk of Scotland beyond other Kirkes; that for the space of 54 yeares it remained in puritie of doctrine and discipline, without any errour or schisme, and gave a reason of it; becaus the Kirk of Scotland was reformed in doctrine and discipline according to the word of God: so it is clear, the Kirk ance had unitie, and it is clear also by what meanes and Instruments schisme hes come in.

The Commissioner said—I pray God the Kirk may enjoy this puritie 40,000 yeares more, if the world should endure so long; yet I must protest, in more pathetic words, against the authoritie of these bookes (for I did it in modestie before); albeit, I would give my estate and venture my life in furthering the Church to be restoired to her registers; but becaus of the manyfold exceptions I have against the way of the meeting of this Assembly, and against sundrie persons which are Members of it, I protest heir, that neither the Kings Majestie nor the bishops be wronged be any act in these bookes, and that they are not obleist be the acts of any booke, which is not subscryved be the Clerk of Aberdein.

My Lord Rothes said—Your Grace promised to propone some scruples against these bookes, wherin your Grace was not yet satisfied, which we desyre to heare; for they are found, of all who have tryed them, comparatively authentick, and utherwayes also.

Moderatour said—We are sure if his Grace had perused these bookes, he would approve them also.

The Roll being called be the Clerk, the Moderatour asked if the brethren did approve the registers? Who answered that they did; and desyres that reasons of the approbation might also be insert in the bookes of the Assembly, and that there was not any protestation made be his Majesties Commissioner. They desyred also that the Bishop of Sᵗ Andrews might be summonded for the production of these bookes which are wanting.

The Moderatour said—Ye heard of a declinatour given in be the pretendit Bishops and Archbishops, containing many divers crymes and challenges agᵗ the Members of this Assembly; therefore it is desyred that some paper may be read containing some answers to many pointes of their declinatour, and not a full answer, such as shall be given in hereafter; only this shall serve to give some answer, &c.: which two papers being read be the Clerk,

The Commissioner said—I did not expect an answer to the Bishops declinatour and protestations, seeing the declinatour was only presented to me, wherefore ane answer from the Assembly was needless.

The Moderatour answered—The inscription of the Declinatour sayth, “A Declinatour to be red before the Assembly,” and therefore ane answer must be given be the Assembly.

Rothes said—There is no more pertinent matter to be handlit in the Assembly then that declinatour, which in it hath so many criminations against the Members of it, and alleadges wronges in the Constitutions of it.

Mr Andrew Ramsay said—Your Grace hes als good reason to answer and object against the bishops declinatour as any in this house; becaus in it they declyned the Kings Grace and his Commissioner, be thrie testimonies cited be them, and will not suffer him or any other King or Emperour to hold voice in Assembly, saying, “Nemo preter Episcopos debet se ecclesiasticis protractibus immiscere.”

The Commissioner said—I thinke they have no intention to declyne the Kings Majestie as judge, seeing sundrie pairtes of their paper declaires their reverend subscription to his Majestie. But I will not wrong these reverend Lords be my disputing of their cause, who am so insufficient for it; but if I thought they intendit any prejudice against my Master and soveragne, I would protest als soone agᵗ them as any.

Then the Clerk was desyred to read some answers made to the Prelats and some Ministers objections in their declinatour and protestations against ruleing elders had any voice in the sentence of excommunication.

The Moderatour answered this—The Presbitrie hes it, and they as members of the Presbitrie. Further, he said, these papers being unperfyte, and not having fully exped all that is to be answered to be the bishops declinatour and protestation agᵗ Elders, there is the more to be expected; and in the meanetyme we are obleist to God that the lyke declinatour and objections wer given in be the remonstrances against the Synod of Dort; so that we neid no uther answer to the bishops objections then these the Synod of Dort made to these remonstrances.

Then the Moderatour red the answer out of the booke of the Synod of Dort, and said, this is Judicium Theologorum magne Britanniæ.

The Commissioner answered—Heir is a man by me, who desires to make answer of that which ye have red from the Synod of Dort.

Balcanquell asked libertie to speake, seeing he was not a Member of the Assembly; pleading so farre, of the caice of the remonstrances and our bishops was different in two maine respects—therefore the same answer could not serve the bishops declinatour, which was most valide agᵗ the remonstrances:—first, becaus the matter of the remonstrances accusations was anent points fundamentall, such as election upon foirseene faith,—universalitie of Christs death, and co-operation of Gods Grace with our will—resistabilitie of Grace,—the finall apostacie of the saintes: in which pointes, and uthers of that nature, are all bound, under the paine of damnation, to betake them to the one syde; and therefore the remonstrances could not justlie declyne the Church of the Low Countries in questions of that nature, though they had before that Synod, cleared themselves to the contrarie; for if any such exceptions are of force to declyne a Nationall Assembly, of necessitie they behoved to be referred to the judgement of strangers; but the questiones in the Church of Scotland were not anent fundamental poynts of religion, which, by our Confession, are declaired to be eternal and unchangeable, but anent matters of policie and order, which the twenty first article of our Confession shawes to be alterable. Secondly, he excepted that the Kirke of the Low Countries had not before that Synod, bund themselves by oath and subscriptioun, against the doctrine of the remonstrances, as we in the Kirke of Scotland had done against the bishops, and the causes depending betwixt us and them.

The Moderatour said that it was a questione of great difficultie, to decerne what pointes are fundamentall and what not; and, if this whole Assembly were sett to it, it would take them to the morrow at this tyme. Secondly, That Synod of Dort did not pronounce these pointes controverted betwixt them and the remonstrances to be hereticall, but only to be erroneous. Thirdly, Doctor Feild, and uthers, distinguishes errours in two fundamentall poynts about the foundations of these that are more remote, and preter fundamenta. In the first sort, meir ignorance was damnable, but, in the third, obstinacie, as Doctor Feild instances Pauls cloake, what became of it, or whether Onesimus was Pauls Servand now. Now the Moderatour assumed that Dr Balcanquell would not affirme that sinne ignorance of these pointes of Arminianisme was of the selfe damnable. Fourthlie, Our Church holds, that all the maine poyntes of her discipline ordour, were warrantable by the word of God; and that, be God’s grace, we are able to prove it to be so; for the second article of our Confession, declareing Ceremonies to be alterable, it is to be exponed only of the circumstances of the tyme and place.

Mr David Dalgleish addit two answers farder:—1, Antient Counsell had proceedit, and finds themselfes competent judges, even when matters of inferior degree are questioned, as in the questions of Novatus and Danatus. 2, That the Bishops wer indytit for poyntes of heresie, such as the Doctor acknowledged to be fundamentall poynts—to witt, poynts of Poperie and Arminianisme.

Then the Moderatour said—Seeing, in Gods providence, this Contestation is tymeouslie fallen in, it is fitt that this Assembly should voice, whether they find themselves competent judges to the pretendit Bishops, notwithstanding of the Declinatour and Protestation?

The Commissioner said—I find in myselfe a great contrarietie—causes of joy, but greater causes of grieff; causes of joy, that I am able, before God and all that heares me, to make good all the whole offeris his Majestie hes made to this Kingdome, be severall proclamations and declarations, and more also. But I have sorrow that I cannot goe on so as to bring matters in hand to such ane peaceable end as I would; therefore, before ye proceid further, I will renew all my protestations, made in name of my Master, and Lords of Clergie, here. I will present unto yow his Majesties gracious pleasure, signed with my owne hand by his warrand.