The Proceedings of the late Solemne Assembly, holden at Edinburgh 12 of August 1639. (continued 2)

The Commissioner said—I desire that everie thing be rightlie understood, that there be no mistake betwixt his Majestie, or me his servant, and this Assemblie concerning these deposed ministers. I have alreadie spocken my mynd in it, and in no other termes but that the state of your processes be so taken to this Assemblies consideration, that if they be found worthie of deposition, let them be deposed. But for such of them that are only guiltie of the errour of the tyme, whereof our Master hes beene guiltie (this is an ill wealed word, but I know it is so taken) as their refusing to subscryve to the constitutions of that controverted Assembly at Glasgow, which they have done by his Majesties speciall commandment, and according to the light of their consciences, which they thought right then, I shall only represent to the Assemblie whither or not they thinke our Master may expect from us that such ministers who for life and doctrine shall be found fitt to exercise the calling of the ministrie upon their submitting of themselves to this Assembly, to the determinations of this Kirk, should not be restored to their places? I speake it to this end; and I beseeche yow take it right, that since our Master goes so farr on our way with us in removing all the occasions of our feares, and hath appoynted to this Assembly to try whither these ministers deserves such a sentence now if they shall submitt themselves to this Assembly? I only represent to your consideration, whither in some things we ought to doe that that may satisfie our Master?

The Moderatour answered—We intend equitie and moderation, that none shall have just cause to complaine. In the meantyme, becaus it is incumbent to this Assembly to cleare their mynds towards his Majestie, I will speak a little. I will not admitt to say so much as your Grace hath said. We will not let that much imputation to goe from us so high as to speake of guiltinesse in his Majestie, who hes not bein brought up heir. We will lay the guiltinesse upon the ministers, who should have knowne the constitutions of the Kirk of Scotland; and, therefore we heare plead that his Majesties honour may be cleared, and they seene to be in the calk. This I speake not, but this Assembly may shew all moderation and favour to those whom his Majestie requires, in alse farr as we wrong not trueth, and the libertie and constitutions of the Kirk.

The Commissioner answered—I believe the most of these men that declyned the last Assembly, they did so upon ane of two grounds—either becaus they could not thinke lay Elders to be lawfull members of the Assembly, or becaus their judgment went not along with us anent Episcopacie, in both which our Masters judgment was ane and the same with them. Yet now, upon their acknowledgment of their errours in these, and submitting themselves to this Assembly, I only remitt it to your consideration if yow can thinke yow should deale so strictlie with our Master, who hes condiscended so farr to our desires, that he may not expect something may be done in this, since it may be done without prejudice to the Constitutions of the Kirk whereof yow pretend yow are so tender. Therefore I desire this Assemblie to consider wiselie of it, and not to be led away with your aune particulars—their spleene at these men or their affection to others whom they would have in their roume.

The Moderatour said—It is our purpose to put a difference betwixt those who have only done according to their light in these two things your Grace mentions, and betwixt those whose life and doctrine have beine scandalous, and to shew all the moderation to that sort that your Grace desires.

The Commissioner said—I believe some of the members of this Assembly, who were appoynted yesternight to speake with me, dealt so ingenuouslie with me as to say, that although there were many things alleadged against these ministers, yet could they not be legallie tryed, except with these things that I have alleadged; for though they were scandalous in some thinges, yet could there be no formall proces led against them. Now it is a dangerous position, that a man shall be condemned for suspicions, becaus his air and the way of his carriage agries not with others. Let us looke to it; for though in their judgement they would not subscryve the Covenant nor allow lay elders, yet to sentence them for that, I thinke it a dangerous rule.

The Moderatour answered—Grants to your Grace; but so purpose we to proceed that our moderation shall so appeare as your Grace shall consent als willinglie as we.

The Moderatour desired Mr Andro Ramsay, Mr Alexʳ Henrysone, and Lord Lowdoun to declair their judgments.

Mr Andro Ramsay said—I thinke there is no man but he will applause to your Grace in general; but as for the particulars, they who are judges can cognosce better, and upon their relation the judgment of the Assembly may rest; for, as I said yesterday, there are four causes of their removing or deprivation from their Kirks; either becaus they have not consented to the Acts of the Assembly, or becaus they have deserted their flockes, or for corruption of doctrine, or for vitiousnes of life. The two last his Grace pleads not, but only for the first two, which I remitt to the judgment of the Assembly and thinkes it should be handlit with moderation to his Graces satisfaction.

Mr Alexʳ Hendersone said—Truelie for my selfe I have no spleen against any of these Ministers, and I believe they have none at me. I have beine more blamed this tyme bygone, for that that is called moderation, than for any great vehemencie against any persone; but for that the Commissioners Grace hes beine saying, I thinke verilie there will be many that will be willing to submitt themselves to the judgment and determination of the Assembly. But I should wishe that they would confesse some errours in their judgment before they submitt themselves. Alwayes I thinke it is but a dabling with untempered mortar. These that are not of the judgement of our Kirk, they will be pleased to professe themselves to be such, and then let them be conferred with and convinced. As for others againe whose judgment has gone after their affection and their affection after the world, these hes need of repentance; but I thinke they should first acknowledge that there is something done amisse, and that they have beine guiltie of some errours; and I thinke by your confession they doe great honour to God, and establishe a more perfect peace betwixt them and their brethren.

Lord Lowdoun said—So many of them as have not beine present where they were processed upon, and representation of their case to this Assembly by supplication, deserves to have their proces considered of here, or some appoynted by the whole Assembly to heare them.

Mr Alexʳ said—I thinke, verilie, there should be a difference put betweene those who have not followed their practise according to the tymes then, but also hes troubled others beside them, yea, and hes run into England to doe all the ill they could there, and betwixt these who in modestie and simplicitie, so to speake, hes followed their oune judgment, thinking it to be right.

The Commissioner said—I shall only differ from Mr Alexander Hendersones opinion in this—that I believe that none of the ministers that went to England, went neither out of wantonnes, nor of a purpose of oary misinformation, but meirlie out of necessitie, for not having stockes of money. I thinke were [it] not the Kings bountie they should have starved, and with what peace and securitie could they live here during the troubles of this countrie? so it was not only but fitting, but necessar that they should goe.

Mr Alexʳ Hendersone said—Divers of them went to England with full purses, and others of them stayed at home in securitie; so that it is evident neither povertie nor fear made them goe out of the Kingdome.

Earle of Rothes said—I thinke, according to the order of this Kirke, which we cannot goe by—for there are cleare Acts for it—ye must take the reportes of these that have beine on the former committies, and then it shall be fitt to cognosce of particulars according to the degries of the faults and the measure of their repentance; and I assert so much to the Commissioners Grace, that if these men be so free as his Grace declaires, I trow there hath beine so much moderation shawen in the Act of the deposition, that they were sought with all earnestnes and kindnes to acknowledge their mother Kirk; and I believe that some charitable disposition will remain still. But can it be thought enough that a man shall come in heir before this Assemblie, and declair that he assents unto the institutions of this Kirk, who is knowne not only to be in some things corrupt in his judgement, but disassenting from the orthodox doctrine of the Kirk of Scotland, and corrupted with many moe errours.

The Commissioner said—I suspect if yow looke some of your processes, you shall find litle more proven against some of them, but these thinges whereof I have spocken, except it be some pycked quarrells. But if your Lordship and this Assembly conceaves that we can doe nothing in that but by takeing in the reportes and makeing formall Acts thereupon, which is nothing but to evince what we professe to ayme at, and to fall upon those rockes which we have hitherto eschued, I doe professe that I can neither consent nor be a witnes unto it. As for the second—for being of adverse judgment, I hope yow are not so cruell as absolutelie to condemne a man for being of a contrare opinion anent Ruleing Elders or such other.

Rothes said—If any man hes made a declaration to your Grace that they have beine processed for no other crymes then that, your Grace should notifie such; and I thinke the Assemblie being now conveined, he that thinkes himselfe thus wronged—that thinges have beine layd to his charge that it cannot be cleared—it should be considered by the Assemblie. As for your Graces answer to the last parte of my speach, my meaning is—not only any opinion of unlawfulnes of Lay Elders, but a judgment different from the whole frame of the doctrine of our Church at the Reformation as it is now restoired, and likewayes comitted Arminianisme and Poppishe tenets: and here I cannot but remember that man who, in presence of your Grace, layd some imputations against some worthie Members of this Assemblie. For my parte, I presse that this proces may be ryped up againe, and I can bear witnes that that man Mr John Lindsey, sometyme Minister at Carstaires, hath beene corrupt in his judgment, hereticall in his doctrine, directlie opposite and adverse from the judgement of the Kirk of Scotland, and a maine incendiarie and enemie to the worke of reformation in this land. This shall be made good to your Grace; and if your Grace would paine yourselfe with the particular, we shall cleare it to your Graces satisfaction.

The Commissioner said—I desire to eschue nothing so much as the rypeing up of the particulars that reflex upon one of zon rockes that we have hitherto eschued; and if this Assemblie will goe on to their formalitie anent these reportes which I will not dispute much against yow, yow shall force me to a protestation which I have hitherto spaired; and, therefore, I shall desire that some such motion may be made how this rocke may be eschued.

My Lord Argyle said—Becaus it may be, the Commissioners Grace spaires to speake such free language as need were, for feare of offence, and, on the other pairt, the Moderatour doeth in free termes expresse himselfe for fear to light upon the other rocke, and so it may be, many of this Assembly knowes neither what his Grace nor the Moderatour would be at: therefore I represent to the Assembly that all may understand what we would be at, and I believe that soe much tyme and losse as the agitation of it in publict would take, will suffice to cleare the matter better in privat.

To the whilk motion the Commissioners Grace and the whole Assembly did applaud, and for that effect did nominat—[not named].—Becaus the roll of their names was inlarged and given in more perfectlie the next Session, we here omitt it.234

The Supplication of the Toune of Edinburgh for the transportation of Mr Robert Douglas from Kirkcaldie to Edinburgh, was againe presented to the Assemblie; and after the hearing and reading of all reasons betweene Kirkcaldie, Mr Robert Dowglas, and the Toune of Edinburgh, the rolls were called, and the said Mr Robert Douglas was chosen Minister to Edinʳ by the farr greatest parte of the voices.

To met at 4 a clock in the afternoone.

Sess. 13.—Hora quarta in the afternoone.

After prayer, the Moderatour said—According as we left before noone, we have beine taking some course how exceptions may be taken away from any that would desire to carpe either at our forme or our present proceedings. As we appoint a Committie to take in the Reportes, so have we now, to facilitat our bussines—so have we now inlarged the number, and divided them againe in four Committies, for the greater accelerating of matters: viz., ane for Edinburgh and Jedburgh—the 2ᵈ for Irwing and Kirkcudbright—the 3ᵈ for Sᵗ Androwes and Kirkcaldie—and, 4, for Aberdeine and Forrest.

For Edinʳ and Jedburgh, Mr Robert Knox, and so foorth, hic deest.

The Supplication of Leith being againe presented and red in face of the Assemblie, Mr James Scharpe, Minister at Govan, was transported to Leith, with the consent of all the Assembly, none opposeing.

A Complaint of ane Mr Robert Hatsone, Minister at Grange, upon ane George Jamesone, for stryking and abusing of the said Mr Robert to the indangering of his life, for no caus but becaus the said Mr Robert had summond him before the Presbitrie for living in fornication, referred earnestlie and humblie to the consideration of the Commissioners Grace.

A Complaint from the Toune of Peiblis against their reader, referred to the Presbitrie.

A Supplication for the transportation of Mr Frederick Carmichaell from _______________ to _______________ referred to the Presbitrie.

A Bill of Forgane in Fife, for Mr David Forrests transportation, Minister at _____________, referred to the Presbitrie.

The Bill of Invernes against their Minister, referred to the Provinceall Assemblie.

A Supplicatione for the change of the Presbitrie seat of Mearnes, referred to the Committie for the Billes.

The names of these that were to preach on the Sabbath day, &c. [not given.]

The forsaid Committie to meit with my Lord Commissioners Grace in the severall roumes of the Tolbuith, to-morrow, at 6 a clocke. The Assemblie to meit at 10.

Sessio 14.—Hora decima, Friday, [23 August.]

After prayer, the Moderatour desired the four severall Committies to give in their diligence; and, first, for the north, Mr David Lindsey, Moderatour of that Committie, gave in the summe of the proces against Mr George Gordoune, which was found to bare beine clearlie proven, and the Assemblie did approve the sentence of the Commission against him.

A Supplication from Mr James Sandilands, Canonist in the Kings Colledge of Aberdeine: That whereas the late Commission from the Generall Assemblie had abolished the said facultie whereof he was Professor, did therefore supplicat the Assemblie for annulling the said Act, in respect he was only cited before the Commission to be examined upon his personall carriage, and, therefore, neither had they warrand to doe further, nor he was bound to answer them in further, and that becaus there were not a sufficient quorum there present at that tyme.

The Assemblie, at the desire of the Commisioners Grace, delayed it till the next Session.

As there were some other Reports coming in,

Lowdoun said—The tyme for the Assemblie is now far spent, and the Parliament approaching verie neare; and, doubtles, there are many materiall things to be done before the closure of this Assemblie. It wer fitt that these matters be pretermitted. I shall represent this to your consideration to be thought upon. Since all of these deposed Ministers, who are desirous to be heard, are either such whose faults are so palpable grosse, that on the first view they may be seene to deserve their sentence, these does not deserve in so short a tyme to have re-entrie to the Ministry, and so needs not to trouble the Assembly at this tyme. Others are mainly, declyning the Generall Assembly, who otherwayes are not so vitious, and who, now professing penitence, would be receaved upon their repentance, and the more moderatelie dealt with, that the Commissioners Grace doth now solicite for them. Others also whose proces is more dark and intricat might be laid by at this tyme, that so, if our tyme cutt us schort, whichever is left, it may be of thir personall matters.

To the which motion the Assemblie, with the Commissioners Graces consent, did applaud, and, for that effect, desired the severall Committies to take up a roll of these who were onlie deposed for declyning the Assemblie, and were now supplicants, and to put a difference between these and others who were more grosse in life and erroneous in doctrine; and so, matters being made cleare before they came to the Assemblie, it would facilitat the matter greatlie.

To meit at 4 afternoone.

Sess. 15.—At 4 a clocke in the afternoone.

After prayer, the Moderatour of the Committie for Edinʳ and Jedburgh did report, that they had seene the Supplicatiouns of Mr Robert Hamilton, Minister at Lesmahago, Mr John Hamilton, Minister at Dalserff, Mr William Forbes, Minister at Campsie, Mr James Hamilton, Minister at Hamilton, and we find them of different natures—some of them exceeding humble and penitent to us, others of them nothing so. As for Mr Robert Hamilton, the Committie thinkes he is not to be suddainlie receaved; for he was that ingenuous as to confesse his opinion of universall grace, and said it was verie probable. And lyke wayes his error anent the matter of baptisme.

The matter being put to voiceing, the whole Assemblie, in ane voice, did allow and approve the proces and sentence given out against the said Mr Robert by the Commission.

The Commissioners Grace did so allow the same, but only as ane Act of this Assemblie.

The second Report was of Mr John Hamilton, Minister at Dalserff, whose proces was cleare—guiltie of symonie at his entrie; changing of the Elders of the Kirk, contrare to the order of the Kirk, for his oune ends; concealing of adulteries; miscarriages upon the Sabbath day.

The rolles being called, the Assemblie did approve the sentence against him.

The Commissioners Grace alleadged that these were verie hard proceedings, and he was affrayed they should yet run themselves upon ane of the rockes they had hitherto eschewed.

It was answered by the Earle of Rothes, Lord Lowdoun, and the Moderatour, that they behoved to testify their detestation of such lewd practises and erroneous opinions, as they loved the honour of their Lord and Master, who was very jealous of it; and yet, so as they should be most willing to testifie their compassion to any penitent persones; and desired that, if the Commissioners Grace knew a better way to eschew rockes, his Grace would declair it, and they would follow it.

The 4 Report was Mr David Fletchair, who was deposed for reading of the Service Booke, and subscryving of the Declinatour, but was uther wayes a man of good behaviour, and free of all sort of heresie, and was now truelie penitent for that which he had done.

The Assemblie did approve the sentence, but did grant him the freedome to be receaved to the ministrie at the first occasion that should offer.

Mr Wᵐ Forbes, Mr James Hamilton, Minister at Hamilton, and Mr James Hamilton, Minister at Cambusnethan, deleyed till the morne.

The Assemblie to meit at 9 a clocke; and so, after thanksgiving, the Assemblie dismissed.

Sess. 16.—August 24, die Saturnæ, hora nona.

After prayer, the Moderatour said—The reason of our stay so long this morning is, becaus we are labouring for a fair way, and we find the Commissioners Grace verie much inclyned unto it. And we are seeking to give such a meeting as becomes good and obedient subjects, and for that end we trust delay to speake of the rest of the reportes at this tyme, if the Assemblie shall so thinke it fitt. In the meanetyme I regrate that this nationall Kirk suffers under a declaration fathered upon the Kings Majestie. I regrate that many honourable members of this Kirk suffers lykewayes: yea, I regrate most of all that his Majestie suffers, being made the speaker of the whole storie, which could not come to his Majestie but by reporte; and therefore I desire that this may be taken to consideration, how the Kings honour may be repaired—how the honour of this Nationall Kirk may be repaired; and that every thing in this bussinesse may be done as becomes such a grave Assemblie, assisted with the Kings Commissioner.

The Commissioner answered—For the first parte of your discourse, our deley is taken in good parte by all honest men who thinkes no tyme long nor ill spent in rectifying abuses, and in that fair way as may give content both to the King and people. And if on the other parte, they thinke not this a worke of difficultie, they are mistaken. Therefore let us lay aside all consideration in thir particulars that may concerne ourselves, and with patience and moderation goe on as we have begun, that the closeing may be [up to] our expectation; and if we keepe not this way, my weaknes may carry me on the ane rocke, and your forwardnes, yow on the other: therefore I thinke some few dayes should not wearie us, much lesse some few houres that is spent in prepairing of ourselves to come heir, that so, according to my intentions, according to my Masters directions, and that that I am confident is all your resolutions, that so our Master may get satisfaction and we may get our desires, which I conceave is nothing but to testifie our loyaltie to our Gracious Soveraigne, securitie to our religion, and establishment of the government of the Church. I believe these are all our ends.

For the second parte of your speache, I shall desire that nothing I have to say be taken hold upon; for all that I may bragg of my selfe is, that I have gained so much as to be in some measure sensible of my oune weaknes. Tho’ in some thinges I may fancie ane extemporarie answer, yet, before I speake much, I shall desire to take it to my consideration. Yow have beine pleased to make mention, in a very modest way, of a Declaration, which, if I take it right, is a Booke wherein is expresst the whole progress of our proceedings: and truelie, sir, the way that yow have expresst it, no man can take exceptions against it. Yet I shall recommend to yow, since it carries the title of my Masters name, that whatever be your sense of the particular, and wherein yow conceave his Majestie hath had misinformation, yow may walke so circumspectlie as may testifie that yow tender his Majesties honour.

The Moderatour answered—It shall be our serious endeavour in all things, and especiallie in that particular, to testifie that we tender his Majesties honour as the apple of our eye.

The Commissioner said—Since I understand it concernes my Master so neare, I desire, before yow bring it any more in publict, that some may speake with me in privat.

Earle of Rothes said—There would be difference put betwixt that that is reallie done by the King. Anent that which his Majestie himself heard with his eares, and saw with his eyes, we thinke it becomes us to speake verie tenderlie of it; but for that which hath come by misinformation, we must cleare that to the full.

The Moderatour said—Please your Grace: that this bussines may be more warilie and wiselie handlit, if the Assemblie thinke good, let some be appoynted to revise the Booke, and they will distinguishe all, and prescryve such a wise method as we cannot weill erre in.

The Commissioner said—Truelie for myselfe, I am willing to speake my aune mynd freelie. For me, I thinke the desire is modest and fair, and I shall be glad to heare anything further in that.

Mr Alexʳ Henrysone being desired to give his judgement, said—Truelie, for the matter itselfe, it is verie necessar, and I trust it will give no offence to the Kings Majestie that that Booke be looked on and examined: ffor, in trueth, I thinke it were a dishonour to the Kings Majestie to be King over such subjects, both in Church and State, as are described in that Booke; and I believe it is not written by his particular direction, nor is he acquainted with the particulars of it. But these thinges must be left to the view of these that are appoynted by the Assemblie, who, I trust, will make such particulars in it as may tend both to Gods honour and the Kings, whereof we are very tender; and I trust it shall appeare—yea, I am persuadit of it—that we are more tender nor he that hes written the Booke.

To the which, the Assemblie did condiscend, and for that effect, did appoynt to view the Booke: Ministers—Mʳs Robert Baillie, Andro Ramsay, John Adamsone, Alexʳ Petrie, Mathew Brisbaine, John Smyth, John Reid, Joⁿ Home, and Thomas Craufuird: Nobles—Rothes, Cassiles, Lowdoun, Kirkcudbright, Burlie, Auldbar, and the Shireff of Tiviotdaill: appointed to meet together and divide their aune taskes, and be diligent students; further, whosoever had marked or noted any thinge of the Booke, of their aune observatione, let them give it in to these that are named.

The Toune of Edʳ presented a Supplication for the transportation of Mr William Bennet from Monymeall to Edʳ; and, after the hearing of his reasons, and his parochiners, the matter was put to voiceing; and the said Mr Wᵐ Bennet ordained to stay at Monymeall, by the greatest parte of the voices.

The Supplication of the Kirk of Dennune to the Assemblie, to grant a warrand to build the same, and make it a distinct church, referred to the Parliament.

The Supplication of the Laird of Halhill referred to the Provinciall of Fyffe.

The Committie for Reportes to meit at 2 houres with the Commissioners Grace at the Abbey.

The Assemblie to meit on Monday, at 8 houres.

Sess. 17.—Monday, hora nona. August 26.

After prayer, the Moderatour desired the Committie who were appointed for revising the processes of such Ministers as were now supplicants to give in their diligence.

The first reporte was for Mr Andro Collace. The Moderatour of the Committie for Edʳ and Jedburgh, Mr Harie Rollock, declaired that they found him to be deprived for drunkennes, actuall and habituall—subscryving of the Declinatour of the last Assemblie—remaining disobedient to the constitutions thereof—for sacriledge; and, further, they found some pretendit answers to the forsaid pointes processed against him: his maine answer to them, in generall, was that the witnesses who had proved the same were somewhat of kin to the Provest of Dundie, whom, he alleadged, was his accuser. It was answered by the Moderatour, that the Provest did onlie accuse him in name of the paroche, and, by that meanes, none might be witnesses against him who were of kin to any of the paroche.

The Commissioner said—I am to plead for no vitious man; but I thinke it would seeme too summar to approve his sentence presentlie; for I thinke all this Assemblie hes not heard all these reasons of his red, nor if they had, have they tyme to ponder them. I perceave all the processes are of two natures—either for declyning of the last Assemblie, &c., or for personall faults. Now, these deserve diverse considerations, and, I say, this is a certaine ground—that this Assemblie resolves not to punische all alike, but that, according to the nature of their faults, yee will show them favour, less or more. Now, if ye shall goe on squairlie to approve all the reportes, I doe but onelie represent to your considerations whither this be not to barre the doore, and tye your owne hands from showing favour to these whom ye would show it hereafter.

The Moderatour answered—We will not approve of any proceedings of the Commissions, how lawfull soever, but with a reservation of justice to them that will seeke a reduction, and of mercie to them that will supplicat for favour.

The Commissioner asked—Before whom must they seeke a reduction of their proces?

The Moderatour answered—Before a Commission from this Assemblie.

The Commissioner answered—If this Assembly shall not approve the sentence of the former Commissions from the last Assemblie, and the partie sentenced seeke a reduction of the proces before a new Commission from this Assemblie, can he ever expect another answer? But it is alreadie decyded before this Assembly, or, if they doe otherwayes, they shall oppose the formalitie of this Assemblie.

Argyle answered—The Commissioners may doe legallie and formallie in judgment, according to the probation of the witnesses, and yet the pairtie may thereafter improve235 the deposition of the witnesses; and soe he may get favour either when he improves that is done, or upon his repentance.

Rothes sayes—It stands verie weill with formalitie to say the sentence was justlie pronounced upon that that was proven at that tyme, secundum allegata probata; as, for example, they declyned their Mother Kirk at that tyme; and what could the Kirk doe lesse than depose them from it now?—They having rectified their judgement, they recall the sentence, and recommends the men to your Grace to be provydit at the first occasion; and soe there is a cleare distinction. The Lords of Session may reduce their owne decreits, the pairtie compeirand who before was absent, and impugning the probation. As for these who have done nothing but declyned the last Assemblie, upon their acknowledgement of their error, and supplicating for favour, are presently put out of controversie, your Grace shall get satisfaction; for the Assembly shall presentlie declair them capable of a ministrie; but for others who hes beene procest for personall faults, and neither compeiring themselves, nor no procurator for them, but all proven, I remit to the judgement of the Assemblie, whether or not they, compeiring before ane other Commission impugning the processes, saying the witnesses wronged them, and using legal objections, the Commission from this may repone the sentence, and make it null? But I thinke if they have been able to doe this, they should have offered before this Assembly.

The Commissioner said—They choosed rather the way of humble supplicating, becaus they conceaved it most satisfactorie to the Assemblie; and I trust the Assemblie shall not take advantage by that to proceed the more strictlie against them; but, if they heare of this, I thinke some of them shall mene their supplications against the afternoone.

Argyle said—I shall represent to the Assemblie this mids. Let the Assemblie approve the diligence of the former Commission, and remit further consideration of the proces to a Commission from this Assemblie.

Lowdoun said—It would be considered that there are two parties interest in this question: first, there is the Commissioners who had the charge of the former Commissions and ar now makeing their reportes for their exoneration; 2ᵈˡⁱᵉ, There is the pairties now supplicants, and they are either such as upon their penitence or acknowledgement of their errours, and upon their ignorance of the Constitutions of the Kirk, doth merite favour; or they are such as complaines informalitie in their proces, and so seekes to have them reduced and annulled. Now the ane pairtie—to witt, the Commissioners, seekes to be exonered. The uther pairtie supplicants, seekes, that they may not be so exponed as they be stoped from being heard hereafter. Your Grace objects how that can be reduced, which, after it is deduced, is approven here? If it lyke your Grace, verie easilie. The Assemblie doth approve that they have done, secundum allegata probata; and yet this approbation may be given with this qualitie, that it be without prejudice to uthers to be heard, and to reduce their sentences before the Commission, and grants Commission for that effect. This being a parte of the Act, it keepes the mater inteere for reduction. Now, tell me if any pairtie be wronged by this?

Argyle said—I hope your Grace, by urging of this Assemblie not to approve the sentences of the Commission from the last, doth not intend to make us doe any thing which may import our passing from our Assemblie at Glasgow, which we will never doe. Whilst we breath, we cannot thinke this; for some of them are approven alreadie. It is lykewise a great mistake to thinke that [by] our craving of the bringing in of reportes, we seeke ane approbation of the last Assemblie.

The Commissioner answered—Your Lordship speakes to verie good purpose. I intend no such thing; but onlie I declair what is done in this I will assent unto it as ane Act of this Assemblie.

The Moderatour said—Please your Grace, I have bein drawen up the forme of the Assemblies approbation of these sentences, which I hope shall both give satisfaction to your Grace and to the Assembly:—

“The Assembly, after the receaving of the Reportes from the Committies, approves their proceedings; without prejudice of any favour that can be shewed to any pairties, upon their supplications, or of justice to such as complaines of their proces, and offers to impugne the same, by whatsover reasone, competent by the laws of this Kirk and Kingdome: Lykeas the Assemblie doth grant Commission to that effect.”

After much agitation, this forme was agried upon.

The next Report was of Mr Robert Rollock, who was found, by the Committie, to be deprived for non-residence for 3 yeares; 2ᵈ For neglect of his charge while he was with it; thirdlie, for maintaining the universalitie of Christs merits, and the falling away of the Saints.

The said Mr Robert compeirand, and being demandit what he had to answer for himself, alleadged that the witnesses who deponed these thinges were ignorant men; 2ᵈˡⁱᵉ, That he did not in preaching, but in privat, affirme the forsaids pointes. The Committie finds his proces clearlie deduced, and sufficientlie proven.

The Assemblie approve the Sentence, with the forsaid reservation.

The Committies were ordained to have their Reportes readie written against afternoone.

To meit at 3 a clocke.

Sess. 18.—Hora tertia in the afternoone.

After prayer, the Moderatour called for the rest of the Reportes.

The Moderatour of the Committie, Mr Hary Rollock, answered—There is Mr James Hannay and Mr Alexʳ Thomsone. We find they were deposed at ane Committie joyntlie for reading the Service Booke and subscryving the Declinatour, and the Committie finds that it was verie formallie deduced.

Mr Wᵐ Ogstane, sometyme Minister at Colingtoune, was deposed for deserting of his flocke—causeing his people (after a superstitious way) sitt on their knees when he examined them—medling with the poore folkes box, &c.

Mr George Maxwell, Minister at Dumbar, for foule errours in his doctrine, as his proces at length beares—for medling with the poore folkes box, hard usage of his flocke and paroche, &c.

Mr George Sydserfe, at Colberspeth, for contemning his Presbytrie, preaching after his deposition, &c.

Mr Wᵐ Whishart his proces is so lang, that it is a volume—onlie we have drawen up his dittay in these thrie generalls—in his doctrine, life, and discipline. I remember of ane particular of his doctrine, proven be all his paroche, preaching upon Genesis, how Isaak desired his wife to say she was his sister. He gave a marke. “If God (said he) had punished the father, the Sone had never fallen in the like fault”—common drunkenes, notour, &c.

Mr John Watsone, in the Canongait, for deserting his flocke, contemning his Presbitrie, and declyning the Generall Assembly. All these Processes the Committie finds to be formallie deduced and sufficientlie proven.

Mr Francis Harvie, of Zeattam, was deposed for contempt of his Presbytrie—for setting up of ane altar and raill—for declyning of the Assemblie—for a cruell act of his hands in stryking of a man that within short tyme thereafter he died—ane of the most notorious raillers against worthie Noblemen that ever was heard tell of.

Lastlie, Mr Patrick Lindsey his proces is very fearfull, for its all grosse Poperie and Arminianisme—yea, there is not a poynt of Arminian doctrine or Poperie but he hes mentained it in the grossest way. We find all these orderlie deduced.

The next Committie for Kirkcaldie, Dundie, Sᵗ Androwes, was called upon to give in their reportes. Mr Robert Douglas, Moderatour of that Committie, answered—We found all the processes that have come before us formallie deduced, viz., Mr John __________, Reader, Vicar, and Procurator of the Kirk of Dundie, was deposed becaus he tooke upon him the office of a preaching Presbyter without a flocke; 2ᵈˡⁱᵉ, He did contemptuously disobey the Constitutions of the last Assemblie; 3ᵈˡⁱᵉ, He did not onlie refuse the reading of the Confession of Faith, but mocking, called it the Jewall of Four. He absented his charge often 4 weekes togither. Mr Wᵐ Wischart, Minister at Sᵗ Andrewes, was deposed by that Presbitrie, and their assessours adjoyned to them, be the last Assemblie, for deserting of the flocke for the space of 18 moneths together.

Doctor Panter, of the New Colledge of Sᵗ Androwes, for his erroneous doctrine taught to his schollars, found in his Note Bookes, at large exprest in his proces.

Mr Hary Scrymgeor, for his fornication confest, &c.: first, for not catechising his people for the space of 12 yeares; 2ˡⁱᵉ, Becaus he affirmed the Nobles were taking the crowne off the Kings head to sett on their owne; 3ˡⁱᵉ, For calling the Covenant a black Covenant; 4ˡⁱᵉ, For disobeying the Presbitrie; 5, For obtrudeing his Sone to preache and administrat the Sacraments, not being called thereto.

Mr Androw Learmonth, for calling all the Covenanters perjured—declyning his Presbitrie and the Generall Assembly—refuseing to intimat the Bishops sentence. He gave in a Supplication this morning to the Committie, and tooke it up againe and promised to correct some faults in it, and bring it in againe the afternoone, but hes not keeped his promise. These we find all formallie deduced.

The third Committie of Irwing and Kirkcudbright called. Mr Mathow Brisbane, Moderatour thereof, said—We find Mr James Hutchisone hes beine deposed not only for declyning of the Assembly but for sundrie other grosse enormities—profanation of the Sabbeth, drunkennes, strykeing of ane John Dougall as he was going into the pulpitt, and sundrie other pointes.

Mr James Stewart, for declyning the Assembly—non-residence the space of six Sabbeths together—imprecations out of the pulpitt against his paroche.

Mr Thomas __________, of Cameray, for grosse drunkennes, profanation of the Sabbeth, ordinary swearing, oppression, strycking, &c., not only proven but confessed by his hand writting.

Mr George Buchannan, of Kirkcudbright, for declyning the Assembly and continowing in his contumacie, refuseing to compeir before the Commission. The said Mr George compeiring before the Assemblie, which was delayed till the morn. The Committie finds all clearlie deduced. The Assemblie approves the sentence against him, with the foresaid reservation.

The Supplication of the Universitie of Glasgow for the increase of their provision and number of their Professours, which they craved might be recommended to the ensuing Parliament. Delayed till farder advysement.

The Supplication of the Burgh of Glasgow for the transportation of Mr Robert Baillie from Irwing [Kilwinning] to Glasgow delayed till the morne, that all parties who had interes might prepair their reasons in writt.

The Committee appoynted for trying of the Booke of Assembly which was newlie come to the Clerks hand, gave in their Reports:—That they fand the Booke to be authentick, and the reasons thereof subscryved with their hands. The whole Assembly, in ane voice, did approve the said Booke as ane authentick register, and ordained the same to have faith in judgment, and outwith, in all tyme comeing. The Commissioners Grace desired the reasons of the validitie thereof might be insert in the Booke of the Assembly.

A Supplication from Mr Thomas Tullidaff, minister at Foverane, a man of 98 yeares, having bein a minister 57 yeares; that whereas he had demitted his place in favours of Mr John Patersone for the soume of 400 merkes a-yeare, and having no better securitie but the said Mr Johns simple bond, who may be transported or suspendit, &c., and so the old man prejudged, therefore did supplicat for ane Act of the Assembly in his favours, that he might be secured of the forsaid soume during his life; to the which the Assemblie willinglie condiscendit.

A Bill from the Boundes benorth Tay, desireing a Commission may be directed from this Assemblie for rectifying of many abuses there, and for planting of the vacant Kirks, such as Elgine, Innernes, Chanrie: this Bill, at the desire of the Commissioners Grace, delayed till the morrow.

The Supplication of the Toune of Edʳ for planting of their Churches with a lite of such as they had their eyes upon, viz., Mr David Dicksone, Minister at Irwing, present Moderatour; Mr Andro Cant at Newbottle; Mr James Hamilton at Dumfries—becaus of contestations like to arise, delayed till the morne.

The Baronie Kirk of Glasgow, of 11,000 communicants, discerned to be a distinct paroche, upon a Supplication presented be Mr Zacharie Boyd. Mr John Row, Mr John Ker, who were appoynted to take notice of Doctor Eliots case, reported that they thought him to be a humble and modest man, penitent for any thing he hes done, and submissive to the Constitutions of the Kirk. The Assembly declaires him to be capable of the Ministrie, and to be provydit at the first occasion.

The Committie for viewing of the Declaration appoynted to meit in the Assembly House tomorrow at six houres.

The Assemblie to meit at 11 houres, and to have but ane Session tomorrow.

Sess. 19.—Hora undecimo. August 27.

After prayer, the rest of the Reportes being called on, the Moderatour of the Committie fand that Mr Robert Murray was deposed by the Commission of Kirkcudbright for oppression, drunkenness, railing, selling the Sacraments, sacriledge, bryberie, &c., instanced in many particulars and clearlie proven.

Mr James Scott was deposed for his absence from his flocke 8 Sabboths together, sacrialedge, intromitting with penalties and contributions, disobedience to the Presbytrie, tableing, converseing with excommunicat Papists, and declyning the Generall Assemblie.

Mr Patrick Adamsone was deposed for his insufficiencie for the Ministrie, proven by the testimonie of his brethren, frequent drunkennes on the Sabboth, and dancing in his drunkennes, and disobedience of the Presbitrie.

Mr Robᵗ MᶜClellane deposed for his insufficiencie, intemperat drinking, and disobedience to the Presbitrie; all which processes the Committie finds formallie deduced and clearlie proven.

The Assemblie approves their sentences without prejudice of justice or mercie, upon the Supplication of some or reduction of the processes of others.

Mr David Fletcher, compeering personallie, declaired that he was penitent and greeved in soule for these two errors, in reading the Service Booke, and declyning of the Assemblie; and, therefore, in all humilitie, desired to be receaved in favour with the Assemblie, and declaired to be capable and worthie of the Ministrie, and submitted his life and conversion to the censure of the Ministrie of Edinʳ, who declaired that his life and doctrine was both unblameable. The Assemblie found it expedient that he should be restoired to the Ministrie, and to a particular flocke, as he gets ane orderlie calling.

A Supplication of the province of Aberdeine upon the cruell oppression and persecution of the enemies of this Church and Kingdome, daylie lying in wait for their lyves, so that Ministers were forced to retier themselves, and not to come to their flockes, recommended most humbly and earnestlie to the Parliament.

Mr John Lindsey at Carstaires, compeering personallie, presented a Supplication to the Assemblie, acknowledging his forward following the course of conformitie, craved pardon of the Assemblie, and sought re-entrie to the Ministrie, in respect it was the humble petition of his parochiners to have him restoired to them againe, and promised obedience to the Constitutions of the Assembly. The brethren of his Presbytrie testified that he was a violent prosecutor of the course of conformitie, and urging his people thereto; that he was contumacious, disobedient to his Presbytrie, railer against his brethren, and hes declyned their judgment and the Assembly both; that he would not come to the Synod where he was cited, alleadging his want of health and strength, but anon, thereafter, found health and strength to goe into the English army.

After much agitation to and fro, the Commissioners Grace pleading for him, and his owne brethren testifying against him, the Assembly ordained these persones following, to conferre and try the soundnes of his repentance and his judgement in doctrinall poyntes: Mr Alexʳ Somervell, Richard Inglis, George Young, Mathow Brisbane, Andro Ramsay, Robert Douglas, Hary Rollock, Andro Cant.

Mr James Hamilton, who hes beene these 52 yeares actuall Minister, being deposed for declyning of the Assemblie; upon his humble Supplication and Confession, declaired capable of the Ministrie.

Mr John Hamilton of Dalserff, his Supplication delayed till the morne.

Mr Wᵐ Ogstounes referred to the Commission that was to be appointed.

The Commissioners Grace presented a paper in name of Mr Robert Hamiltoun of Lesmahagow, wherein there was not the least word of his repentance or submission, but rather a maintaining of his errours, especiallie Arminianisme, and in substance a declyning of this Assemblie.

The Moderatour desired Mr John Adamsone, Mr James Bonar, Mr John Row, Mr Andro Cant, to give their judgement of this man. They all in ane voice declaired he was worthie of excomunication in this Assemblie; nevertheless, the Assemblie, to show their moderation and willingness to gaine the man from his errours, did appoynt Mr Samuell Rutherford and Mr Robert Baillie to conferre with him and report against the morne.

Upon occasion of the erroneous doctrine defended by these Ministers, there was a motion made by Mr Alexʳ Hendersone, That it was expedient that there were a positive confession drawen up, and these errours related therein and expresslie condemned by the Church, and the doctrine of the Church of Scotland cleared, that none heirafter pretend ignorance of them, and that this grave worke were recommended to such and such men; the which motion the whole Assemblie did applaud.

Sir Robert Edwards Supplication referred back to the Presbitrie.

The Supplication of the Presbitrie of Skye, not being joyned to any provinciall, and of the parochiners of the North Isles, for erection of ane provinciall amongst them, delayed till all the interest be heard.

The Bill for the change of the Presbitrie seat of Mewres, referred back to the Presbitrie.

Sir Alexʳ Carnegie of Bonnymoone having built a Church upon his oune expenses, did supplicat that it might be decerned to be a distinct paroche.

As lykewayes a Supplication of Duncan Campbell of Glenlyon to the same effect, referred to the Parliament.

Mr James Scotts Supplication referred to the Commission.

Walter Macaulay, of Ardincaple, his Supplication for the distinguish of two paroches lying promiscuouslie through other, referred to the Presbitrie of Dumbarton.

The Supplication of the Chanrie of Ross referred to the Parliament.

Mr James Sandilands, canonist, his Supplication being againe presented to the Assemblie, and many pressing arguments why the ffacultie could not be abolished, used by the said Mr James, which gave great light to the Assemblie, the Assemblie appoynted Mʳˢ John Adamsone, David Lindsey, James Bonar, Doctor Strang, to consider of it till the morrow, and then to give their best overtures in writt.

The Supplication of Mʳˢ Alexander Schrogie, William Leslie, ___________ Lindsey, referred to the Commission.

The Supplication of Alexʳ Gordoun, of Knockgray, in name of the Parochiners of Carffairne, for a contribution for a stipend to the said Kirk built be the said Paroche, according to the Act of the Assemblie at Glasgow, Decʳ 16.

The Assembly recommends the same de novo to the charitie of the bounds then designed for that contribution.

Mr Alexʳ Callender, Minister at Denna, in Stertoun, a pendicle of Falkirk, and supplicat that it might be established as a distinct Kirk, referred to the Parliament.

The Parochiners of Ardinlach and Edenkillie being under ane ministrie, and far distant, did supplicat for a disunion—Fiat ut petitur.

The Assemblie craves warrand of transportation to Mr Alexʳ Pearsone.

A Complaint of some of the Parochiners of Bathgait, upon their Minister, for leaving of preaching in the ordinarie Kirk thereof, and preaching in a Kirk new built, in a myle distant from it, not commodious for holding the congregation, referred to the Synod.

The Committie for the Overtures being desired to report their diligence, gave in these following—(Hic decst.)

Earle of Eglintounes Supplication for erection of ane Kirk between Beith and Lochunnoch, referred to the Commissions for the Parliament.

The 4 Committies for the deposed Ministers, appoynted to meit tomorrow, at 7 a clocke, to try their repentance, and to hear their just defences, and report to the Assembly.

Sessio 20.—August 28, Wednesday.

The Assemblies Motion for authorizing the Covenant, by way of new Swearing and Subscriving thereto by the whole Kingdome.

After in calling upon the name of God, the Moderatour said—Please your Grace: The tyme now drawes schort; and your Grace, we trust, considers that there are some weightie poyntes of greater consequence and moment nor we have handlit, that are yet to be done, and this a speciall ane. We are longing to have your Grace with us in the Covenant, and all others in the kingdome; that, as we are under ane religion and kingdome, [we] may all be under ane Covenant and band. And this I know, the whole Assemblie is longing for it.

The Commissioner answered—Truelie, that particular hath beine so much in agitatione this tyme past that if I should not expect something to be spocken of it in this Assemblie, I should be much to blame. I believe yesternight was the first occasion of discourse that I had upon it; and truelie I think it a matter of great consequence; and as it is a bussines which I cannot say but ye have reason to presse as that which may make a happie conclusion of all this bussines; so, on the other pairt, it being made up of two bodies—the Confession and Band—in either of both there is so much, that, if I desire to be weill advysed in it, I hope I shall offend none.

I will not rype up the mistakes that hath beine; for I believe, whatever differences there hes beine about it, they have beine about mistakes. Yet this much I may say for the Confession of Faith itselfe—The ground of it proceeds from the year 1580, 1581, and renewed sundrie tymes since. It seemes that, by the progresse of tyme, there hath beine some thing which hath intervened, that gave the Kirk of Scotland occasion to thinke it necessar to explain it in some thinges, and to find that some thinges were excluded by it that is not particularlie expresst in it. And now it hath pleased God to move our Kings Majestie to indict this Assemblie, and hath given me warrand, whatever exposition this Assemblie shall find that Confession to beare, and likewayes whatever is found by this Assemblie to be excluded by that Confession, I, in my Masters name, shall consent unto it; and now, if there be any mistake, it is upon that pairt of the Covenant which makes up the Band.

Now, for the Confession itselfe I have no scruple, neither as it was literallie sett downe, nor as it is now explained. For the Band, it may be, if in forme and matter some thinges were rightlie understood, soveraignitie will receave satisfaction.

The Moderatour answered—We have still bein and are able to give satisfaction in all thinges that might impaire the due estimation of good and loyall subjects. As for the Band, we thinke it so well conceaved, that, were it to doe over againe, we could not light upon such happie expressions. Nevertheless, we are content that your Grace call for whom ye please to receave farther satisfaction.

The Commissioner said—Whatever debates there hes beine betweene me and this Assemblie since our meeting, I hope [these] shall take a friendlie conclusion. I believe there hes bein none except in that particular anent the deposed ministers; and, for that, I hope to receave a charitable answer, since it is my Masters speciall command so to doe; and duetie oblisses me, since my Master conceaves most of them suffers for his cause; and so, what debates hes bein, the conclusion is good. You have taken your way, which is agrieable to the constitutions of this Kirke; and I believe with that respect to my Master what favour shall be granted to them upon their Supplications.

But for the particular—there is so much done in it by this Assemblie, that, for myselfe, I have no doubts of the Confession of Faith itselfe, or of the explanation that is made upon it; that if there be any scruple, or shadow of scruple, it is concerning the said Band.

The Moderatour answered—We are very readie to remove these shadowes, and to give your Grace satisfaction.

Upon a Supplication of the new Colledge of Sᵗ Androwes, that, according to the Act of Assemblie at Edinburgh, October 9, 1582, Sess. 10, Commissioners would be appoynted for visitation thereof, to concurre with the Commissioner from the Parliament, for examining the foundation thereof—establishing necessar Professours of Divinitie, provyding competent meanes. The Assemblie find this desyre most reasonable; and, therefore, did grant Commission to Earles of Rothes, Montrois, Cassiles, Lowthiane, Lindsey, Burlie, Balcarras; Ministers—Mʳˢ Alexander Hendersone, Andro Cant, Robert Blair, William Scott, David Dalgleische, James Bruce, Andro Fleck, Frederick Carmichaell, for that effect.

It is observed, that there was a clause in this Supplication, that the foresaid Colledge might have libertie to call for any man to be Professour therein. It was excepted against by the Colledges of Glasgow and Edinburgh; and much contestation being like to arise, the motion was put to voicing, Whither their Supplications be grantit simplie or conditionallie? And, by the greatest parte of the voices, it was granted but conditionallie.

The Supplication of the Colledge of Glasgow to that same effect. The Assemblie fand it necessar to be grantit next, and after Sᵗ Androwes, and without prejudice to them; and, therefore, did nominat, Earles Argyle, &c.; Ministers—Mr James Bonar, &c.; Burgesses—Provost of Stirling, &c., to meet the first Tuesday of October.

The Supplicatione of the Towne of Edinburgh, containing a leete of ministers for planting of their Kirkes at the desire of the Assemblie, they were content to passe from them all, except Mr James Hamilton. After reading of the said Mr James his reasons, the matter being put to voiceing, the said Mr James, by the greater parte of the voices, decerned to stay in Dumfries.

These that were appoynted to conferre with Mr Joⁿ Lindsey, were desired to give in their reports. They answered that he gave full satisfaction to their contentment, and did heavilie regreat his former wayes—was willing to submitt himselfe to the constitutiones of the Kirk; and, therefore, they thought it fitt that the Assemblie should declair him capable of the ministrie; and upon his satisfaction at his Presbitrie and Paroche, and declaration of his repentance, then he might be reponed to a flocke.

Mr John Lindsey, compeiring, said—I professse in the presence of the Commissioners Grace and this Assemblie, that I am heartilie grieved that ever I should have offended Nobleman, Minister, or any other; and that I myselfe should have bein the caus of it. And I confesse I was too violent in that course of conformitie, and now have gotten satisfaction of my scruples. I doe submitt myselfe to the determination of this Assemblie—yea, and to all these to whom I have failed. The Assemblie declaired him capable of the Ministrie, and approves the Report of the Committie.

Anent Mr James Hamilton, Minister at Cambusnethan, the Committie reported that he was a young man of good behaviour, and welbeloved of his paroche, and guiltie of nothing directlie but the subscryving of the Declinatour; and, therefore, it was their judgement he might be dealt with as Mr John Lindsey.

The said Mr James compearand, confessed that he had wranged and offended his Mother Kirk, and humblie desired to be receaved in her favour.

The Assemblie did heartille receave him, and declaired him capable of the Mlnisterie.

The same report was made for Mr Wᵐ Forbes, who humblie confessing his faults before the Assemblie, got the same favour.

The Committie reported that Mr John Hamilton was also truelie penitent, but it was [thought] he should give his tryell of new. The Assemblie refers him back to to the Presbitrie.

Mr Robert Hamilton, of Lismahagow, compeired and said he was willing to subscryve the Cannons of the Synod of Dort, and to revoke all his Arminian tenets that he had mentioned; and, in speciall, he was sorrie for his rashe expressions in his paper given in yesterday to the Commissioners Grace, and was willing to submitt himselfe to the Assemblie.

The Moderatour said—This matter is not of so small consequence, that we should either cutt yow off from hopes of being receaved upon your repentance, nor that we slight the auctoritie of this Assemblie, so farr scuffed by yow yesternight, that we should suddenlie receave yow to the Ministrie who hes bein so lang obstinat and caried your selfe in such a proud maner.

Auldbar said—It is not four houres since he was converted.

The Assemblie referris him to the Synod of Glasgow.

The Commissioner said—I still urge that it is your best for these churches that are vacant, whereof our Master is Patron, to represent the case to him, and what yow doe in this, let it be by way of Supplication; and If I shall not both convey the same, and be a good instrument to obtaine your desire, I pray God I never thryve.

Upon occasion of this, my Lord Argyle said—When we consider the great divisions and distractiouns of this Kirk, we rejoyce to see this dayes worke, and your Grace sitting here to put order to all thinges in his Majesties name; and since we have enjoyed this by his Majesties graceous favour, I represent to your Grace and this Assembly, if it shall not be very incumbent to us to thinke upon some humble way how to testifie our heartie acknowledgement of this favour from his Majestie, and to rander his Majestie humble thankes therefore: to the which the Commissioners Grace and the whole Assemblie did applaud, and desired it might come in with the Overtures.

My Lord Lowdoun said—If it like your Grace, I shall be bold to desire ane thing may be added to the Overtures—and I know certainlie I have the applause of the whole Assemblie. Amongst uthers, imputations that have beene layd upon this Church and the government of it as it is now established, that Ministers will rashlie and misrespectivelie have preached of auctoritie, and, therefore, especiallie since the Kings Majestie thought by his haveing of the Bischops he had a readie way to censure and punische Ministers that should deboord in this kynd, least we should seeme to derogat any thing from the due respect acknowledged justlie to his Majesties Soveraignitie, it seemes expedient that the Assemblie should now testifie their respect to his Majestie by making of ane Act, that no Minister preache rashlie of anything concerning auctoritie, and an Act for censuring all such as shall transgresse.

The Commissioner answered—I believe there is none that heares your Lordships proposition, but they take it to come from a noble heart; and if I should thinke otherwayes, I were not worthie to sitt here. How farr the Constitutions of the Kirk will warrand yow to goe on in censuring such thinges I know not. But I believe you intend not to exclude the civile magistrat from punishing of such thinges.

The Moderatour answered—We are so farr from that, that we are content to be the first tryers of these thinges, that we may make schort worke for the civile magistrat.

The Commissioner said—I will not exclude Presbitries, Synods, &c., from censuring ecclesiastick persones: but I shall not be of the opinion of some that thinke that frae ance the goune and coull be putt on, they have no more adoe with the civile magistrat.

The Moderatour said—Farr be it from us to thinke so: that opinion is papisticall; but for ws, we make it a poynt of religion to be subject to our Prince.

Boneymoons Bill for erecting of a new Kirk distinct from the Kirk of Brechin, being read and the reasons of both being read, the Assembly grants the said Bonymoone his desire, without prejudice of any parties civile right, which they reserve to any judge competent.

Bruntilands Supplication delayed.

The Earle of Athols Supplication for dismembering of Glenlyon from the Church of Forthingall, remitt to the Commission from [for] the Parliament.

The Committie for the Billes ordained to referre or delay the rest of the Billes of lesse importance, and not trouble the Assemblie, for shortnes of tyme.

These that were appoynted yesterday to meit wᵗ the Commissioners Grace, desired to attend his Grace after the dissolving of the Assemblie, with Auldbarr, John Smith, and Mr Robert Barclay to attend with them.

The Committie for the Declaration appoynted, to give in their diligence the morne. The Assemblie to meit to morrow at 9 a clocke.

Sess. 21.—August 29, Thursday, hora nona.

After in calling upon the name of God, the Moderatour said—The Assemblie doth long greatlie to heare your Graces mynd concerning the mayne point that yet remaines, that we all, who are ane people in ane Kingdome, may be of ane heart in ane Covenant.

The Commissioner answered—We met yesterday about that purpose; and I hope we have made that happie progresse. We have considered of the Covenant, which is a great worke, wherein our Master conceaves our religion and his honour may concerne it; and if it be well thought upon, both the matter and forme is no lesse then may be expected from good subjects and good Christians. Having taken this to our consideration, being satisfied both for the matter and forme of it, and after many overtures how we might accommodat matters to the contentment of all, to wit, that we should follow a precedent of former tymes, that, as the Assemblie hath gone on in former tymes, sae we may now; and I trust this shall reconcile all.

The Commissioners Grace sought libertie to depart, to the end he might conferre with the Councell against the afternoone, of the best way how to accommodat the matter.

It was complained by some, that by the reason of the great tumult they could not heare the purpose.

The Moderatour, after he had exhorted them to order, quyetnes, and gravitie, said—The matter is anent the Covenant—that there may be a common course for the subscription of the same by all the subjects within this Kingdome, and that by ecclesiasticall and civill auctoritie. The way of the doing of this it’s thought fittest that it be the same that was used in the year 1590, wherein the Generall Assemblie sett downe the Confession of Faith with the Band, and gave in a Supplication to the Councell that they might joyne their civill sanction thereunto, and ordained the same to be subscryved by all the leidges; lykeas they by their ecclesiastick auctoritie, commanded the same to be subscryved under all ecclesiastick censure. The same course is now to be taken. This Assemblie is to supplicat his Majesties Commissioner and Councell, desiring them by Act of Councell to ratifie our Covenant, and enjoyne it upon all the subjects; and thereafter the Assembly themselves is injoyned under the ecclesiastick censures, and to supplicat the Parliament, that both their oune Act and the Act of Councell may be ratified there; and so there is no alteration to be of the Covenant, but the whole Covenant, totum compositum, to be subscryved; only this, the Commissioners Grace will adde a Declaration before his subscription, that the Kings Majestie having receaved satisfaction of his subjects that they intended nothing but the preservation of religion and mantainance of his auctoritie, therefore he subscryves; and the Counsell also, according to the declaration of the Assemblie, and his Grace is now gone to consider of this. The Moderatour desired some of the brethren to give their judgement of this course.

Mr Hary Rollock answered—I thinke all men that heares of it rejoyces at it, and I thinke it is as much as we could hope for: yea, we scarce expected such good newes as to heare that our Covenant should be confirmed by all sanction, civill and ecclesiasticall; and I thinke nane that hes heard it but they are sending up their heart secreatlie to praise the Lord for it.

Mr Andro Ramsay, Mr Andro Cant, and divers of the Brethren, spacke to the same effect.

Those that were appoynted for the Manifesto Booke [Large Declaration] were desired to goe presentlie foorth of the Assemblie, and prepaire their diligence against the afternoone.

Anent the Report of the Committie appointed to consider of the Decreit given out by the Commissioners of the last Assemblie, for Visitation of the Colledge of Aberdeene, concerning Mr James Sandilands: They fand that the intention of the Commissioners was only to discharge him to teache anything in the profession of the Canoun law which was not agrieable to our religion and profession, and therefore thought it meit that he should enjoy the said office, with the emoluments for his mantainance, but upon the foresaid condition.

The Supplications of Mr David Foules, Mr Hary Pearsone, Mr Robert MᶜLellane, being read: Becaus it was testified by these that were at the Synods where they were depoised, that there were many grosse thinges proven against them which they had not confessed in their Supplications; therefore remitts unto the Synod, conforme to the Act made yesterday.

Mr David Lindsey gave in above the number of 40 particular Billes, which the Committie had cognosced upon; referred, delayed, or granted as the Assemblie had given them direction yesterday; which are not neidfull heir to insert.

The Acts of the Assemblie ratified, against Salmond Fisching on the Sabboth, upon a Supplication of Johne Forbes of Leslie.

The Assemblie to meet at 2 a clocke in the afternoone.

Sess. 22.—Hora quarta.

After in calling upon the name of God, the Moderatour desired the Commissioners Grace to show to the Assemblie the cause of their so long stay, or command some other to doe it.

The Commissioner answered:—The reason of our so long stay and treatie all this tyme, is to draw this matter to a good conclusion; and now, blest be God, it is neare a poynt; for, as concerning the Covenant, we are agried both in the matter and forme, and there rests nothing but the drawing up of it in ane Act; and this is a matter of great weight, and I hope this Assembly shall thinke it a good conclusione to see this the last Act of the Assembly, tho’ it take some tyme for the doing of it.

The Moderatour having repeated the Commissioner his speach to the Assemblie, did signifie to them, becaus this greate worke could not be endit this night, the Commissioners Grace had condiscendit to delay the ryding of the Parliament till Saterday, and the Assemblie to conveine againe tomorrow, and then to conclude.

A number of particular Billes were given in to the Assemblie, not needfull to be insert, such as the Supplications of Mr George Diserff [Sidserff?] Mr Thomas Carmichael, Mr Wᵐ Rollock, Mr Henry Pearsone, Mr Francis Harvie, Doctor Andro Lawmond, are [referred] to the Synods. Some uther particular Billes, anent the uniting or disuniting of Kirkes, or of Kirkes from Presbitries and Provincialls, referred to the Parliament.

A Bill, presented in name of the Laird of Kilcherron, being excommunicat by Mr James Bonar, for his contempt and railling against the Covenant, for his disobedience, supplicating for liberation from that sentence—referred to the Synod.

The Overtures read over againe.

Becaus the Members of the Assemblie desired to heare the Supplication that was to be given in to the Commissioner and Counsell, therefore it was thought good that the whole Assemblie should conveine at 8 a clocke, to heare the Supplication read, and the Commissioners Grace to come at 9, because he behooved to be in the Counsell.

Sess. 23.—August 30.

After prayer, there was some Billes given in, which were delivered to the Committie since they gave in their reportes.

A Bill from the Presbitrie of Lanerk anent the division of Kirkes, recommended to the Parliament.

Mr Wᵐ Livingstoun his Bill for a fellow-helper in the Ministrie at Lanerk, recommended to the Parliament.

Mr Robert MᶜClellane, at Zietaum, his Bill recommended to the Presbitrie of Kirkcudbright.

The Bill of Teviotdaill and Merse, against the profanation of the Lords Sabbath, granted.

The Bill of the Presbitrie of Haddingtoun, desiring the ratification of former Acts agᵗ the Salt Pannes upon the Sabbath day, granted.

The Assembly appoynted a Commission for drawing up of ane uniforme Cathechisme, and the order of familie exercise, and to reporte their diligence to the next Assemblie, to be there considered—viz., Mr Andro Ramsay, Alexʳ Hendersone, Robert Blair, Edward Wright, John Livingston, James Hamilton.

The Assemblie, considering that should it please God to conclude all matters in this Assemblie and Parliament, it were necessar there should be a solemne thanksgiving through all the land; that the whole bodie might rejoyce together, and the Kings Majestie might heare that this Kirk rejoyces under the sence of receaved favours; and, that they could not now appoynt the day, did give Commission to the Presbitrie of Edinburgh to advertise the whole Presbitries.

The Moderatour desired that the motion concerning the new Colledge of Sᵗ Androwes be intertained, and some expediences found out for promoving of that warke.

Mr Alexʳ Hendersone, Mr Robert Meldrum, Mr Robert Douglas, at the Moderatours desire, by many pressing arguments, did show the necessitie of provyding the Colledge well with Professours and competent means, without prejudice of any uther Colledge within the kingdome, because it was thought necessar that the Kings Majestie should receave thankes from this Assemblie, and that in a publict way.

The Committie for the Overtures did represent to the Assemblie that they should have a Commission to the Presbitrie of Edinburgh, and some uther adjacent Presbitries, with power to draw up a humble Supplication to his Majestie, acknowledging all his byegone favours bestowed upon this Kirk; to present the grievances of the Kirk, and everie member thereof; and to receive ane answer from his Majestie; and, likewise, in case of any exigencie, to acquaint his Majestie with the necessitie of holding an occasionall Assemblie. Becaus this motion was opposed by the Commissioners Grace when he came in, and another course taken to the satisfaction of the Assemblie, hereafter to be insert, [the motion was abandoned.]

The names of these that were appoynted to preach on the Sabbath. [Not given.]

A number of the Commissioners of the Assemblie, Noblemen, Ministers, Barrons, were appoynted to attend the Parliament, and there to represent the grievances of the Kirk, and to meit everie day at 6 in the morning for that effect.

Mr Alexʳ Hendersone was sent to the Councell house for the Supplication, that it might be read and considered by the Assembly before the Commissioner [came] in, the tenor whereof followeth:—

The Assemblies Supplication for Subscryving of the Covenant. [Vide p. 207 of these Records.]

The Committie appoynted for viewing of the Large Declaration having drawen up their diligence in 12 scheits of paper, for fear of marring the Assemblie, extracted furth, in two scheits, their maine and most materiall observations upon the said Booke, which they did represent unto the Assemblie, the tennour whereof followes:—

This Declaration of Doctor Balcanquel is, First, Dishonourable to God; 2ˡⁱᵉ, To the Kings Majestie; 3ˡⁱᵉ, To this Nationall Kirk; 4ˡⁱᵉ, It is stuffed full of Lies and Calumnies, which we make evident to the world by these reasons:—

First,—It is dishonourable to God:—

That albeit the Subscription of our Confession of Faith and Covenant was ane Act evidentlie tending to the glorie of God, besides the testimonies of our consciences thereanent, is now, praised be the Lord, againe acknowledged be this present Assemblie; notwithstanding, to the great dishonour of God and his true religion, as it is now professed in this kingdome, it is most impudentlie averred in this Large Declaration, that the subscription of our Covenant doth most evidentlie tend to the dishonour of God.—Pag. 20.

That the same Covenant is dung which was throwne upon the face of auctoritie—a lewd Covenant, with a seditious Band annexed thereto, so that everie religious and wise man may run and read that sentence of condemnation which it carrieth in its owne front—Pag. 54.

That it is a wicked Covenant, or pretended Holy League, like to that of France.—Pag. 2.

That it is a spurious Covenant.—Pag. 125.

A rebellious Covenant.—Pag. 156.

That it is not far from blasphemie to say, that God, by the fire of his Spirit from Heaven, hath accepted thereof.—Pag. 178.

That it is a dangerous and fearfull approach to blasphemie to say that it was sealed from Heaven.—Pag. 179.

And that all Christians in the world who have heard of it doe acknowledge that no such Covenant came from Heaven but from Hell, from whence cometh all portion of schisme.—Pag. 161.

Secondlie,—Dishonourable to this Kirk:—

For although it hath beene the glorie of our Kirk among foraign nations, that with the veritie of doctrine received, the puritie of discipline according to the word of God, whereby all errour in doctrine, superstitione in worship, and tyrannie in government, and especiallie all Poperie, hath beine opposed and removed; and that, of late, we have laboured to recover that puritie by removing these offices and corruptions that have no warrant by the Word of God, and re-establishing these office-bearers that are warranted by the same; notwithstanding, to the great dishonour of this Kirk, [it] is affirmed in this Declaration that there is a great deformitie in our service—no forme of publict prayer, but preachers, readers, and ignorant schoollemasters, praying in the church, sometymes so ignorantlie as it was a shame to all religion to have the Majestie of God so barbarouslie spocken to; sometymes so seditiouslie, that their prayers were plaine lybellis goeing against soveraignitie and auctoritie, or hes bein stuffed with all the false reportes of the kingdome.—Pag. 16.

That we have taken such a course to undermynd and blow up the Reformed Religion, that if the conclave of Rome, the severall colledges perpetuallie sitting at Rome for contryving and effecting the meanes of reducing all kingdomes to the Romane obedience; nay, if with both these, all the Jesuites and their most especiallie combyned and sworne enemies to our profession, all assembled in ane place, and had all their witts and devices concentred in ane conclusion and resolution, they could hardlie have fallen upon for turning all men out of the pathes of religion reformed, or have settled upon such courses which can bespeake no uther event but the undoubted everthrow of it, at least in that kingdome, unles God from heaven (which we hope) have all their cobble webs, contextures, in derision; that our maximes are the same with the Jesuites; that our preachours sermons have beine delivered in the very phrase of Becanus, Scippeius, and Swarez; that the meanes which we have used to induce credite with our proselytes, are meirlie Jesuitical fables, false reportes, false prophets, pretended inspirations and divinations of the weaker sex, as if now Herod and Pylat were once againe reconceiled for the ruine of Christ and his true religion.—P. 3 and 4.

That out conclusions are quite contrarie to the Confessions of all Reformed Churches in particular, and of our Scottish Positive Confession, and that all the weapons wherewith we now fight against these Protestant Conclusions, are stolen or borrowed out of the most rigide Jesuit Magazens; to witt, that we are to be accompted not as friends to the Kings Majestie, but as foes; not as Protestants, but as the most rigide of Papists, Jesuits; and so being without in this poynt, not bring scandall upon the reformed religion, and those who are not with the same, especiallie considering we have gone about to wound the reformed religion through the Kings Majesties sydes—Pag. 4.

That Ruleing Elders were brought in, onlie out of a feare that rigide ministers designed for the Assemblie, might want a sufficient number of their fellow ministers for their elections in their severall Presbitries.—Page 189.

That Mr David Mitchell was processed and deposed, for doctrines uncontraverted and generallie receaved by all Protestant Churches in the world.—Pag. 206.

That the processe against the Bishops was pursued with such malice, injustice, falshood, and scandall, not only to the reformed religion in particular, but to the Christian religion in generall, as it cannot be paralelled by any precedent of injustice in precedent ages; and which, if it were knowen among Turkes, Pagans, or Infidells, would make them abhorre the Christian Religion, if they did thinke it would either countenance or could cousist with such abominable impietie and injustice.—Pag. 207.

That some used a notable trick of forgerie and Romish imposture, for advancing the worke of reformation, by working upon the weaknes of a young maid, and makeing choyse of her as a fitt instrument to abuse the people.—Pag. 226, 227.

That such was our blind obstinacie, that we scorned that any one should sitt in the Assemblie who ran not in our rebellious courses, as holding it a dis-reputation to abate any thing of our power or will, and we would be sure to clippe the winges of auctoritie.—Pag. 245.

That we should have everie mechanick artizan, being chosen a lay elder, to have equall power and state with his Majestie.—Pag. 246.

That the Kings Commissioner got certain intelligence of the Covenanters unmovable resolution, that altho’ the Assemblie should be continowed, and all things which they desire should be granted and effected, that the quyetnes and peace of this Kingdome should be never a whitt the more settled or established, but that they were determined to choose certain committies, who, under the name of Commissioners from the Generall Assembly, should keepe up their Tables, and be chosen and continowed from one Assemblie to another, and so hold on the same rebellious courses which they ever held, since the first erection of their Tables—to the overthrow of the Kings royall auctoritie, and the auctoritie of the Lords of Counsell and Session.—Pag. 269.

That under the name of Arminian tenets, many thinges in all the Reformed Churches were condemned in the Assemblie.—Pag. 317.

That the conclusions in the Assemblie tended to the sedition and rebellion, and the overthrow of the lawes both of Church and Kingdoms; and that many of them were false and foolishe positions.—Pag. 324.

That the Covenanters are the worst and most disloyall pack of the Kingdome.—P. 380.

Thirdlie,—Dishonourable to the Kingdome:—

For, although it hath beene the glorie of this Kingdome that it hath continowed in duetifull subjection and obedience for many ages under 107 Kings, and we have ever acknowledged our quyenes, stabilitie, and happines to depend upon the safetie of our graceous King, as upon Gods Vicegerent sett over us for mantenance of Religion and ministration of Justice—not having any intention to desire to attempt any thing that might turne to the diminution of the Kings honour and auctoritie;—notwithstanding, to the great dishonour of this Kingdome, it is affirmed in this Declaration, that, although the Marqueis of Hamiltoun, during his continowance among us, found that we gave him civill respects as Marqueis of Hamiltoun, yet his being clothed with the Kings auctoritie and Commission did much diminische them.—Pag. 86.

That the State of Scotland hath beene much of late discomposed and disconected by the seditious practices of divers, impatient of all lawes and government—Pag. 1.

That, by persisting [in] our tumultuous and rebellious courses, we doe demonstrat to the world our wearinesse of being governed by his Majestie and his Lawes, and our itching humour of having this Kingdome governed by a Table of our owne devysing—a monstrous birth, as the lyke hath not beene bredd in any kingdome, Christian, Jewish, or Pagan.—Pag. 2.

That we are like these of the bloudie League in France, who hoped that the verie name of Holy League would cause in the world a mistake of their meaning, and palliat their most wicked and unnaturall treasons for rooting out that lawfull Soveraignitie and the true Religion.—Pag. 44.

That we begunne the most unnaturall Councells and horrible rebellion that this or perhapes any other age in the world hath ever beine acquanted with—that we begin to invest ourselves with the supreme ensignes and markes of Majestie and Soveraignitie, by erecting publict tables of advice and counsell for ordering the effaires of the Kingdome without the Kings auctoritie, and by entering into a Covenant and most wicked band and combination against all opposers, not excepting the Kings oune persone, directlie against the Law of God, the Law of Nations, and the Municipall Lawes of this Kingdome.—Pag. 53, 54.

That these our meetings at our tables have beene accompted by wise men, rather stables of unrulie horses brocken louse, and pulling doune all they can reach, and throwing dung into the face of auctoritie.—Pag. 54.

That we suggested some alteration in religion to be made by the innovations, onlie to that end that the Kings Subjects might be keeped from returning to their obedience.—Pag. 152.

That the divilishe obstinacie and malice of our factious spirits found meanes to blindfold the peoples eyes, and so keepe them from discovering and acknowledging the Kings Grace and goodnes towards them.—Pag. 155, 156.

That it was our master peice to stoppe anything, though never so well lyked be ourselves, if it wer commanded by the Kings auctoritie, as fearing that if he had obedience In any one thing, the people might recover the tast of governement.—Pag. 193.

That the heads of the Covenanters were affrayed that any shew of obedience should be yielded to the King by his people in the least poynt.—Pag. 204.

That not so much as the least inclination to peace could be discovered in us.—Pag. 84.

That, above all things, they of the Covenanters table, were affrayed that the people should receave any satisfaction from his Majestie, or rest contented with the grace of his most reasonable proffers of favour.—Pag. 90.

That the Leaders of the Covenanters studied nothing more then to suppresse the Kings graceous intentions and favoures towards them—Pag. 91.

Fourthlie,—This Declaration is stuffed with a hudge number of Lies, in averring Untruthes besides the alreadie mentioned—for instance, as follows:—

That the Covenanters pretend religion, and intend nothing less then that: their courses are tumultuous and rebellious.—Pag. 2, et passim.

That our Covenant, by Papists, was receaved with infinit joy, as hopeing that the King and his successours might be brought to ditest that religion whose profest zelots had beene the author of such ane insufferable Covenant, which could not subsist with Monarchie—Pag. 74.

That, upon the removing of the Covenant, there was a suddaine and frequent arryvall of Priests and Jesuits from Doway, and other seminaries beyond the seas, in hope of their welcome to his Majestie.—Ibidem.

That our Covenant was receaved by the Protestants abroad with most offensive scandall, and infinit grieffe—namelie, at Charingtoune, Geneva, and other reformed churches in France—who were so scandalized with this prodigious Covenant, as that they were affrayed of nothing more then this, that It will bring ane indelable scandall upon the Reformed Churches, and alienat the mynds of all Christian Princes from ever entertaining a good thought of our religion.—P. 74.

That the Covenant was obtruded to all sortes of people with furie and madnes, with threatenings, tearing of clothes, drawing of blood, & cet.—Pag. 95.

That the seids of this sedition were sawen by the plotters of the Covenant, first, at the Kings Majesties revocation.—Pag. 6.

Secundlie, at the Commission of Surrenders.—Pag. 7.

Thirdlie, Upon the refusall of honours at the late Parliament.—Pag. 11.

That the finall alterations of the Service Booke urged upon us, in which it differeth from the English Service Booke, are such as might best comply with the mynds and dispositions of the subjects of this kingdome.—Pag. 18.

And that the same Service Booke was no different from the English in any materiall poynt.—Pag. 19.

That the heads of the Covenant had no sooner notice of the peaceable course intended by us, but they flew out in farr greater violence.—Pag. 79 and 113.

That the Proclamation, Julii 4, would have beene receaved by the people with humble and thankfull acknowledgment, if they had not beene not onelie diverted, but perverted by these men, who interpreted everie satisfaction of the subjects to be a divideing from themselves.—Pag, 92, 93.

That, in our Privat Meetings and Publict Sermonds, we have endeavoured to settle in the subjects mynds, opinions, feares, and jealousies quyte contrare to our printed asseverations—Pag. 107.

That the principall Covenanters, Noblemen, Gentlemen, and Ministers, protested to the Kings Commissioner, that their meaning was never to abolische Episcopall governments, but to have it limited, and censurable by the Generall Assemblie; and that they had farr rather live under it than under the tyrannie of Presbitries, which they have heard the Fathers complaine of, and bidd them bewarr of.—Pag. 114, 115.

That the heads of the Covenant had layd upon the King that aspersion that he intended to bring in Poperie, or, at least, to tollerat the same; becaus they believed it was the most powerfull meanes of alienating the mynds of the people from him, which they onlie intendit—Pag. 125, 126.

That the Marqueis of Hamilton presented to his Majestie not only the improbabilitie that ever the ring leaders of that rebellion would desist untill they had obtained their wicked ends, and that the only hope of peace was placed in dividing the people from them, by preferring unto the people such graceous favours as in all likeliehood they neither could nor would reject.—Pag. 126.

That laymen did not sitt in Presbitries 40 yeares before.—Pag. 132 and 191.

That it is unquestionablie true that Episcopacie may and doth consist with the Confession of Faith. Pag. 158 and 177.

That Archbishops and Bishops, September 1638, had and have still a settled office in the Kirk be Parliament, nay, and be Assemblie too.—Pag. 180.

That the Covenanters choose none to the Assemblie but such as they were sure would receave no satisfaction, and keepe all uthers from accepting any.—Pag. 188.

That the Covenanters laboured hard to persuade that none of these thinges promised in the proclamation—no, not the Assemblie itselfe—were ever intended to be performed by the King, but that he studied to deley tyme whill he were readie for their ruine—Pag. 195.

That they resolved to increase thir disorders to such a height, and to multiplie affronts upon the King and his auctoritie, as they imagined should be past all sufferance, that they might compasse their desyres of his Majesties Commissioner, either prorogation or discharging the Assemblie.—Pag. 195 and 228.

That the witnesses in Mr David Mitchells process being all laymen, wer men of such mean and ordinarie understanding, as that it was improbable, if not impossible, that they should understand the doctrines that he was charged with.—Pag. 206.

That the meeting at Edʳ was to agrie upon the conclusions to be made in the Assemblie.—Pag. 133 and 231.

That the two Covenanting Ministers of Edinburgh declairing to uther Covenanting Ministers that bemoned themselves, wondering that they would give way to the utter defaceing of the Church by these laick intrusions, that they grieved for it as much as themselves, but that they must winke at it, else the nobilitie, gentrie, and burrowes did threaten them with a desertion. That the Bookes of Discipline were penned by some privat men, but were never confirmed by Act of Parliament or Generall Assemblie.—Pag. 313.

That there is nothing in the Confession of this Kirk against the tenets of Arminius.

That we confessed the 4 Bookes of the Assemblie not to be originalls, but copies—Pag. 271.

Fyftlie,—Our intentions, wordes, and actiones, are miserable wreasted in this Declaration.

That our refuseing to except the King out of the number of persons against whom the Band of mutuall Maintainers was intendit demonstration that, in our intentions, he was the persone chiefly aymed at.—Pag. 106.

Whereas he could not be excepted, because our Mutuall Maintenance against all persones quhatsomever was in defence of Religion, the Kings persone, and auctoritie.

That our meaning in explication of the Covenant was, that we would continow the Kings obedient subjects if he would pairt from his soveraignitie, and that we would obey him if he would suffer us to command.—Pag. 115.

Whereas our true meaning therein was to cleare ourselves of the imputation of disloyaltie to our graceous Soveraigne; and whereas the Bill against the President and Clerk-Register was given in to crave justice upon them as offenders, yet it is affirmed that it was becaus we knew the Marqueis neither could nor would yield unto it, and that by his denyall we might have meanes to irritat, even to disgust the Kings graceous favours.—Pag. 93.

The Assemblies Judgment concerning the Manifesto.

After the reading whereof, the Moderatour desired some of the brethren to give their judgment of the said Booke.

Mr Andro Cant said—It is [so] full of grosse absurdities that I thinke hanging of the author should prevent all other censures.

The Moderatour answered—That punishment is not in the hands of Kirkmen.

The Shireff of Teviotdaill, being asked his judgment, said—Ye were offendit with a churchmans hard sentence alreadie; but, truelie, I could execute that sentence with all my heart, becaus it is more propper to me, and I am better acquainted with hanging.

My Lord Kirkcudbright said—It is a great pittie, that many honest men in Christendome, for writing little bookes called pamphlets, should want eares; and false knaves, for writing such volumes, should brooke heads.

The Assemblie, after serious consideration of the great dishonour to God, this church and kingdome, by the said Booke, did condescend upon a supplication to the Commissioners Grace, that the same might be represented to the Kings Majestie, that his Majestie might be pleased to call in all the said Bookes, and thereby shew his dislyke thereof; and next to give Commission to cite all such persones who are either knowne or suspected to be the authors thereof, or informers anent it; and in speciall, Doctor Balcanquell, who is knowne and professed to be the author, at least the owner of a great parte thereof; that, by their examplarie punishment, others may be deterred from such dangerous and seditious courses; the tennour of which Supplication followeth:—[Vide p. 206 of these Records.]

The Assemblie thought it expedient that some overtures might be advised upon for keeping order in the Assemblie in tyme comeing.

The Assemblie found it expedient, for the preventing of all Innovations which might impede this recovered reformation, that no dangerous motion, tending to the hurt of the Church, be proponed or concluded suddenlie in any Assemblie, Presbiteriall or Provinciall; but when any question shall arise in any inferiour judicatorie, it may be communicat to all others, agitat and disputed in Sessions, Presbitries and Synods, and so might be rypened for the Generall Assemblie: lykewayes, that nothing should come before the Generall Assemblie, but that which came by reference or by appellation, and which could not be discussed by another Inferiour Judicatorie: As also that no reference should be made but orderlie—viz., from Session to Presbitrie, from thence to Synods, and then to the Generall Assemblie.

The Commissioner being come in to the Assemblie, the Moderatour desired his Grace to show the Assemblie the Declaration wherewith his Grace was to subscryve the Covenant.

The Commissioner answered—For my Declaration [it] is verie short. It is nothing els but what I have declaired many a tyme since we mett here; for, as I told yow, when that Act, abolishing Episcopacie and the rest of these evilles, past heir, the 17 of this instant, I was to consent unto that Act in my Masters name, not as a thing that my Masters judgement and opinion willed him unto, but that his tender affection to our satisfaction moved him to assent unto it. Even so now, I am to make a short Declaration, least if my Master should subscryve simplie, he should condemne thinges that are allowed in the Kirk he lives in, and which his judgement assents unto. A king may be a king of divers kingdomes that are of divers religions: and we hope we will not say but he may doe that that may satisfie one of his dominions which will not satisfie another. And for my Declaration quherewith I subscryve the Covenant as the Kings Commissioner, and in his name, it shall not be obligatorie to any Scottis man to subscryve with declaration; neither shall any Scottis subject whatsoever shelter himselfe under it; but if he subscryve not with the Assemblies Declaration, shall be lyable to the censures of the Kirk, and so shall I myselfe be; for as Lord of Traquair I shall subscryve totum compositum, with all the rest of the subjects, even as Mr Archbald Johnstoune subscryves, which I believe is strict enough. And so the Commissioners Grace arose and sought libertie to goe to the Counsell, and the Assemblie to sitt still till he returned.

Thereafter the Supplication was sent in to the Commissioners Grace and Counsell, by the Earle of Argyle, Rothes, Lowdoun, Mr Alexʳ Hendersone, Keir, Provost of Irwing. In the interim the Moderatour exhorted the Assemblie, and speciallie the Ministrie, to call to mynd the old Acts of the Assembly, that were revised, anent the conversation and carriage of Ministers, that by their painfulnes upon their people, the fruites of the Gospell might appeare in the land, that all that lookes on may see that we intendit nothing but reformation; and in particular regrated heavilie the great slighting of the worke of examination, that it was become perfunctorie when it was left to a few dayes before the Communion, and there wished that there should be weeklie examinations, and desired that some of the brethren should speake their judgments.

Mr Robert Blair said—I remember at the last Assemblie that King James was at, holden at Holyrudhous, 1602 yeares, that there were instructions given for the visiting of severall congregations, and a number of questions that the Ministers are to be tryed in; and it is expresslie said there, that they shall be asked whether they have weeklie catechiseing through the year; and whill this be amended there is small hopes that people will be brought to the knowledge of religion.