men who desires their information to be read would come in here as men
pannelled before ane assise.
My Lord Argyle answered—There is a sort of acknowledgement be them of a
judicatorie here, when they desire such a information to be read before
it.
The Moderatour said—They shall be judged in nothing here till they have
gotten libertie to speak, and except against any Commissioner here
present.
The Comʳ said—If this be ane free Generall Assembly, why may not any
propone their doubts? How can this be refuised to my Lord Argyle and
others, they being Peires of the land, which cannot be denyed to
Scottismen?
After sundrie speaches uttered be my Lord Argyle, Traquair, and answers
given thereto be the Shirreff of Teviotdaill and my Lord Lowdoun,
anent the comparisone taken from assise, it was concluded that the
paper given be Doctor Robert Hamilton, in name of the Lords of Clergie
and their adherents, should not be read till the Assembly was fully
constitut.
* * * * *
Sess. 4.
November 24, 1638.
The fourth day, be reason of the Commissioners delay in not comeing at
his appoynted houre, the Moderatour desired that matters to be handled
might goe one in his Grace his absence, and a promise that a full
narration of thinges handled should be made knowne unto his Grace at
his first incomeing, which the Comʳ refuised, seeing he was bound to
give particular accompt to the Kings Majestie of everie thing done,
therefore behoved to be ane witnesse of everie thing that should be
done.
The Moderatour said—We left at the examination of Commissions, which
serves for the constitution of the Assembly; and we crave that we may
now proceed in the examination of Commissions; and the Commission given
in for the Presbitrie of Dunce, was first read; next, the Commission
for the Presbitrie of Chirnaide.
The Moderatour said—We need not to crave the voits of the Assembly
anent every Commission; but, if none speake against a Commission, after
it is read, we will hold silence for a consent and approbation of the
commission.
The Commissioner answered—If ye appoynt that silence shall be taken
_pro confesso_ that the Commission is valide, I protest that my silence
be not so exponed, but that I may have libertie to object against any
Commission or Commissioner, in my owne tyme, becaus for the present, I
am not instructed with objections which I have and will make hereafter;
and to this protestation, the Moderatour, in name of the Assembly,
assented; and so the Clerk went on to the reading of the rest of the
Commissions, and red the third from the Presbitrie of Kelso; the 4
from Jedburgh; the 5 from toune of it; the 6 from Ersiltoun; the 7
from Lawder; the 8 from Selkirk; the 9 from the toune of it; the 10
from Dumbar; the ij from the toune of it; the 12 from Northberwick
toune; the 13 from Hadingtoun; the 14 from Dalkeeth; the 15 from the
Presbitrie of Hadingtoun; the 16 from Edinburgh; the 17 from the
Colledge of it; the 18 from Linlithgow; the 19 from the toune of it;
the 22 from the Presbitrie of Peibles, and a Protestation given in
against it be Mr Robert Ellot, as a Commission purchased be indirect
meanes used be the Lord Traquair.
My Lord Traquair, hearing his name called in question, thought himself
much wronged, being calumnat be such a man, whom he would prove to be
both a bryber and ambitious; and that he should be by him brought upon
the stage before so reverent and grave ane auditour; and complained to
the Commissioner of the Ingiver of the Protestation as ane infamous
lybeller against ane officer of Estate, and Counsellour of his
Majestie; and the Comʳ promised that the ingiver should be censured
according to justice, in tyme and place convenient: therefore, both
the Commission and the protestation was layd by till the fitt tyme of
tryell.
The 23 commission was then read frome the toune of Peibles; the 24 from
Middlebie; the 25 from Lochmaben; the 26 from the toune of it; the 27
from Mentoun; the 28 from Penpont; the 29 from Drumfreis; the 30 from
the toune of it; the 31 from Kircudbright; the 32 from the toune of it;
the 33 from New Gallaway toune; the 34 from the Sanquar toune; the 35
from Wigtoun toune; the 36 from Wigtoun Presb.; the 37 from Stranrawer;
the 38 from the toune of it; the 39 from Air; the 40 from the toune of
it; the 41 from Irving; the 42 from the toune of it; the 43 from Rosay;
the 44 from Argyle; the 45 from Dumbartoun; the 46 from the toune
of it; the 47 from Paisley; the 48 from Renfrew toune; the 49 from
Glasgow; the 50 from the toune of it; the 51 from the colledge of it.
It was asked, why the Colledge of Glasgow put in 4 in their Commission,
when uther Colledges hes but ane, and it was layd by to be examined.
The 52 [Com.] from Rutherglen toune; the 53 from Hamilton; the 54
from Lanerk; the 55 from the toune of it; the 56 from St Androwes; the
57 from the toune of it; the 58 from the Colledge of it; the 59 from
the toune of Creall; the 60 from Kilreny toune; the 61 from Anstruther
Easter; the 62 from Anstruther Wester; the 63 from Pittinweeme; the 64
from Coupar; the 65 from the toune of it; the 66 from Kirkcaldie; the
67 from the toune of it; the 68 from Dysert; the 69 from Kinghorne;
the 70 from Bruntyland; the 71 from Dumfermling; the 72 from the
toune of it; the 73 from Culros; the 74 from Innerkeithing; the 75
from Dumblane; the 76 from Auchterardour; the 77 frome Perth toune;
the 78 from Dunkell; the 76 from Megle; 80 from Dundie; 81 from the
toune of it; 82 from Forfor toune; 83 from Brechen, on the back of
which Commission there was yʳ a declaration written in favours of the
Laird of Din, Commissioner, subscryved be ane number of barons, and
some noblemen to it, beside these insert in the Commission it selfe,
who gave consent to the Commission. This writ, on the backsyde of the
Commission, was for clearing the sufficiencie of it, in respect that
ane vther Commission was granted be the same Presbitrie of Brechen,
appointing my Lord Carnagie, ruleing elder, for ane Commissioner; ane
copie of which Commission, with ane declaration upon the back thereof
was craved be the Commissioner, vnder the Clerks hand, that he might
thereby be the better instructed for objecting against any vther
Commissions, and might have his mynd cleared in sundrie particulars
which might conduce for the furtherance of his Majesties service.
The Moderatour answered, That his Grace should have ane copie of the
Commission itselfe, but not of that which is written on the back of it,
seeing it is not given as a parte of the Commission, but only a privat
thing written by the ingiver, for clearing of his Commission.
The Commissioner said, Seeing that which is written on the backsyde of
it may serve to further my masters service, why should a copie of it be
denyed to me, seeing my desyre is reasonable? I cannot compell to give
it, but, if it be denyed, what can I say but I am vsed in that as in
the vther things?
My Lord Rothes said—The pairtie ingiver hes yet in his power to retreat
and draw back both the Commission and all that is written upon it;
and therefore the Clerk can give no copie nor extract of it till the
Commision be authorized and made lawfull in judgement; for, till that,
as it is only a privat paper which the ingiver may doe now if he have
not a mynd to stand to it.
No, said my Lord Traquair, he may not draw it back, if it may
contribute to the furtherance of the Kings service.
My Lord Lowdoun said he may not only draw it back, but ryve it.
No, said my Lord Traquair, seeing it is now produced in judgment; and
the
Commissioner eikit—Not only is it produced in judgement, but hes at it
the subscriptiones of a number of Noblemen barrons, who we hope will
stand to it.
My Lord Montrois said—We will not passe from a jote of that which may
serve for the clearing of the Commission.
Therefore, said the Commissioner, that which is written on the backsyde
of the Commission, serves to prove the legalitie of the election of
the Commissioner, and is used as ane argument to prove the illegalitie
of ane uther Commission from the same Presbitrie. Why then should
I not have a copie of that which is written on the backsyde of the
Commission, seeing I find it serve much for the furtherance of my
Masters service? My Lord Yester answered—It is not propper for the
Clerk to give ane copie of extract of that which is not insert in the
records of Assembly; and only the Commission will be registrat in the
bookes of Assembly, when it is approven, but not that which is on the
back of it.
The Moderatour eikit—Only that which is given to the Assembly for a
Commission, may be craved of the Assembly; but that which is on the
back of it is not given for a Commission, or any parte thereof, but
only written on the back of the Commission given in accidentallie, and
may be obliterat.
The Commissioner asked, how that could be called accidentall which had
at it the subscription of 40 hand writtes, and produced in judgement to
be read?
The Moderatour said—That on the back of the Commission is only
accidentall, and I shall cleir it by ane supposition. There is ane
evident given in before the Lords of Session, and on the back thereof
there is ane compt written on some privat bussineese of the owner of
it. Shall the Lords of Session, or the Clerk, be obliged to give out
ane extract of the mans compt? No more can the Assembly or Clerk give
out ane extract of that which no wayes belongs to them.
My Lord Forbes said—The ingiver hes power to eike, paire, or draw back
at his pleasure, and such Commissions that are contravened are referred
to ane vther day.
Mr David Dick said, Let the Ingiver of the Commission be asked, whether
that on the back of it serves for approvation of his Commission or not?
for, if it be only a probation of it, then that which is on the back
should not be read till the time of probation, and for the tyme, only a
copy of the Commission may be craved.
The Comʳ asked the voits of the Assembly whether or not a copie of all
should be granted.
My Lord Lowdoun answered, that there could be no voiting till the
Assembly be established; but so soone as it shall be established, it
shall be granted.
Then, said the Comʳ, I take Instruments that such a Commission was
given in to be read, on the back whereof there is a written declaration
of the lawfulness of the election of the Commissioners of Brechin, and
desires it may be keeped in the Clerks hands.
The Moderatour regrated much that the weightie and grave matters of the
Assembly should be thus deleyed, and said that it had been better to
have wanted all the Commissioners from Brechin; quhereat
Southeske cappit and unreverentlie replyed to the Moderatour, that he
wronged them that wronged not him, and whom he had no reason to wrong.
The Moderatour answered—That what he did speake was within the bounds
of reason, and he would be answerable for it to the Assembly; neither
would [he] have expected from his Lordship such an undeserved censure.
Lowdoun answered—That it was ane great wrong that the Moderatour should
be upbraided by any for preferring the publict weill, and the effaires
of the Assembly to any mans particular.
Mr David Dick said, That God will trouble the impeaders of his owne
work.
This was like to have drawen to a great heat if the Commissioner had
not prevented it by commanding them to silence.
The 84 Commission from Ruthentoun was read; 85 from Arbroath; 86 from
Montrois; 87 from Arbroth toune; 88 from Mernes; 89 from Aberdeine;
90 from the Colledge of it; 91 from the toune of it; 92 from Die; 93
________________________; 94 from Ellon; 95 from Turreff; 96 from
Kincardine.
* * * * *
Sess. 5.
[November 25.]
After in calling vpon the name of God,
The Clerk went forward in reading the rest of the Commissions; and
the 97 Commission, Garrioch, was first read, and billes of Complaint
given in against the Commissioner, containing reasons why he should not
be receaved as Commissioner, and was referred to tryell. The 98 from
Fordice; 99 from Bamff toune; 100 from Elgin toune; 101 from Strabogie;
102 from Forres; 103 from Forres toune; 104 from Innernes; 105 from
Innernes toune; 106 from Chanrie of Ross, and a protestation against
it by Sir John MᶜKenzie; 107 from Tayne; 108 from the Toune of it; 109
from Dingwall; 110 from Sutherland; 111 from Cathnes; 112 from Orkney,
from Patrick Smyth of Braco,[137] and it was castin, being found nather
from a Presbitrie, burgh, nor subscriving Minister.
The Moderatour said—Now the whole Commissions are read; and of all
there are onlie 13 contravertit; and we have now reason to praise
God, that, be the silence of all that are present, the rest of the
Commissions are approven, and that, in Gods singular favour, we have
place and power to voit and treat of all matters that shall come before
us. As for these controverted Commissions, it is now tyme we should
examine them.
The Commissioner said—If ye proceed to examination, I shall adhere to
my former protestation of libertie to object against any Commission in
my owne tyme.
My Lord Rothes answered—It is now fittest tyme.
The Commissioner answered—I find not yet my fitt tyme to make any
objections, but seeing tyme reserved to me I will choose it.
Then the Moderatour said—Let the Commissions which are in question
be discussed, and begin at the Presbitrie of Peibles, given, October
first, to Mr James Bennet, and Laird of Posso, subscryved be the Clerk.
The Commission was read, and a protestation against it, alleadging that
that election was not free, for many reasons.
My Lord Traquair craved libertie to speake in defence of that
Commission: and
The Moderatour required that he should speake of the Minister who gave
in the protestation, with a respect due to a Minister of Jesus Christ,
till he was declared infamous.
My Lord Traquair answered—That he had no purpose to reckon for the
tyme, but would referre the challenge against him to the Presbitrie;
only craved libertie to regrat that so unjustlie he was brought upon
the stage, seeing he did attest all the witnesses that were present at
the outgiving of that Commission, that he did carry himself humblie and
modestlie, as became a good Christian, intending nothing but a free
and peaceable election; and that he did not utter any crosse word, or
a word smelling of passion or discontent; and he attested God that
the matter was as he said. Then he declaired that there was a formall
process [extract] of that election in the hands of the Clerk of the
Presbitrie, which, being produced, would make it cleare how unjustlie
he was accused; which process he promised to produce the next day.
The Moderatour answered—If the process come from ane honest hand, and
be clearlie and formallie deduced, it shall have faith; and, if the
pairtie protester against the Commission can prove the contrare be
sufficient witnesse, he also must be heard.
Mr Lord Traquair answered—It is hard to heare witnesses agᵗ a eldar,
and formal process given in by a famous Clerk in writt.
The Moderatour asked at Mr Robert Ellot, (who gave in the
protestation,) what he could say? He answered, That it was a vyld
imputation layd to his charge, that he should be ane vnjust accuser of
such a nobleman; but, sayth he, if I have done no evil, why am I called
a basse, ambitious, brybbish boddie, in the hearing of this reverend
assembly? But I passe it, seeing my Lord was called a Carpenter, a wine
bibber, and ane enemie to Cæsar, and that he had a divel; yet I have
said nothing as a libeller against my Lord Traquair, for I was readie
to spend my life in his service; and I judged that he should have lyked
the better of me, that I should have protested against any thing which
seemed to prejudge this Assembly.
The Moderatour asked if the protestation made against that election was
made in a Clerks hearing before witnesses, and if it was written and
marked?
Mr Robert Ellot answered—That he protested openlie, and desired to be
so heard, but it was refused.
My Lord Traquair answered—The process in the Clerks hand will clear all
which is ordained to be produced; and if, after tryell, I be proven
not to have been ane intruder of my selfe, or ane indirect dealler,
seeing I walked so circumspectlie, I crave the wrong done to me may be
redressed; for, before God, there is not a circumstance of that which
is alleadged true.
The Commissioner answered—If he should continue in his office, he
should have the wrong redressed: if not that, he should deale with any
to occupy his place.
To that end, my Lord Rothes said—If there be wrong on his parte, the
censure of it is competent to this Assembly.
The Commissioner said—I intend not to derogat any thing from the
authoritie of this Assembly, but rather would contribut unto it, and
preserve it in its oune integritie. But I would not that the Royall
authoritie should so suffer that ane officer of Estate, being accused
unjustlie, and so wronged, should not be repaired according to Justice.
My Lord Rothes said, that the tryell of this alledged wrong is only
competent to this Assembly.
The Commissioner answered—I doubt not but the Assembly will doe to my
Lord Traquair what is right; but I speake of the King’s right, and I
know the Assembly may only judge in ecclesiasticall matters.
My Lord Traquair said—I declyne not the Assembly as judges in this
matter; for I am content to subscryve ane blank paper, to be filled up
by the Assembly; yea, I darre remitt the tryell of it to any Member of
the Assembly.
The next Commission that was examined was from the Colledge of Glasgow
as singular, containing four Commissioners, when other Colledges hath
but ane, according to the act of Assembly.
The Principall, Doctor John Strong, craved the production of the Act;
and after that the Act was considered, it was found that Colledges
could have no privilidges above a Kirk, and therefore, ane act was
sett downe, that ane colledge should have but ane voit in ane Assembly.
The 3d Commission from the Colledge of Glasgow was layd by till the
Commissioner should find a fitt tyme to object against it.
The 4 from the Presbitrie of Ross. It was objected against it that
it was onlie ane parte of the Presbitrie of Irwing, and it was
acknowledged to be so of old, but was now disunited by the Bishop of
Iles, as was alledged; but becaus it was not clearlie instructed,
neither yet had beene in use to send Commissioners to former Assemblies
as a presbitrie constitut, It is ordained that the Commissioners now
sent shall have no voit in this Assembly; and becaus of ane large
distance of place, and sea betwixt it and Irwing, it was thought fitt
that hereafter it shall contribut a presbitrie of itselfe.
The 5 Contraverted Commission from the Presbitrie of Brechin, which
after reasoning much too and fro, the tryell of it was referred to a
particular committee—
Masters Andrew Ramsay,
David Dalgleesh,
James Bonar,
John Robertsone,
Robert Douglas,
Alexʳ Somervell,
with power to them to take the oathes and deposition of the thrie
Ministers Commissioners for clearing the matter, and reporte the
diligence to the Assembly.
The 6 Commission, from Kincarden presbitrie, was examined; and being
found that the Commissioners were not elected in the ordinar Meeting
place, nor in the ordinar tyme, but only by the Bishop in ane uther
place, and ane uther tyme, and without the consent of elders, and
without the knowledge of particular Kirks, therefore it was rejected.
The 7 Commission, from the Presbitrie of Aberdein, after tryell, was
approven, and Mr James Harvie and Doctor Barrons was rejected, as done
nather in place nor face of a Presbitrie, without any advertisement
to the congregations, and being only subscrived at that tyme by
themselves, who wer Commissioners, and by thrie uther Ministers
thereafter, in their owne houses.
8. Anent the Commissioner of Garrioch, Mr Androw Logie, sundrie
complaints being given in against him, wer remitted to a
Committee—viz., Mr Andrew Cant, Mr James Martine, Mr Thomas Mitchell,
and Dr Guild.
9. The two Commissions given in from the Chanrie of Ross. The Laird of
Tarbet produced ane Instrument against Mr Thomas MᶜKenyies Commission,
and assured the uther lawfull Commissions were comeing. The said Mr
Thomas being rejected, produced a protestation against the Constitution
of this Assembly of Ministers and elders.
My Lord Rothes asked instruments, and protested that such a Complaint
and protestation was given in by the said Mr Thomas. The Commissioner
also tooke instruments of the production of it.
Mr Andrew Ramsay offered presently to prove from Scripture, antiquitie,
consent of uther reformed Kirkes, standing practices of our aune Kirke,
and bookes of Assemblies, that ruling Elders are lawful and necessar
Members of ane Assembly.
The Commissioner, acknowledging his owne weaknes for disputeing of that
question, promised, in a convenient tyme, to bring foorth some who
would dispute against ruleing Members, as no lawfull Members of ane
Assembly.
The last question, about the Commission from Orkney was declared null,
having no consent of Presbitrie, nor subscription of ane Minister,
toune, nor colledge.
The Moderatour answered—Now the whole Commissions are examined, and
found good, except some few. It is now expedient that the sufficiencie
of the Kirke Registers be cleared, that they may be declaired
authentick.
The Commissioner answered—It is a good work; but I have some scruples
not yet removed.
Then, said the Moderatour, Let some be appoynted for tryell of the
Registers; for the Assembly being now fullie constitut, after the
examination of all contraverted Commissions, may give their Commission
for tryell of the Registers, and let their testimonie anent the
perfection of the bookes be given in the morne.
Masters Masters
Andrew Ramsay, John Adamsone,
John Row, James Bonar,
Robert Murray,
Alexʳ Gibsone, yoʳ of Durie,
Alexʳ Wedderburne, Clerk of Dundie,
Alexʳ Pearsone, Advocat; with such uthers
as they please to joyne with themselves.
* * * * *
Sess. 6.
[November 26.]
After in calling upon the name of God,
The Moderatour said—Let us begin where we left, at the tryell of the
record of Assemblies. There was a Committie appoynted yesternight to
give in their testimonie anent the authentickness of the Registers. If
it please your Grace, let their answer be heard.
The Commissioner having assented,
The Moderatour called upon these who wer appoynted for the examination
of the Registers, to report their testimonie.
Durie said—Please your Grace and this reverend Assembly, We shall
either give in our reasons be word or writt.
The Commissioner said—I desire to heare them give them in any way ye
please.
Then the reasons of the authentickness of the Registers were given in
be writt, and read by the Clerk.
The Moderatour said—Please your Grace, here is the testimonie of these
that have skill in trying the Registers better nor any here present can
relate. Hes your Grace gottine satisfaction?
The Commissioner answered—Verillie it is a matter of verie great
importance, and there shall be no man more glad nor I, to see the
Registers of the Kirke found reall, and proven to be authentick. I am
far from contradicting anything these worthie gentlemen hath done; for
it were impertinent so to doe. I can say nothing at the first hearing
of a paper read; but it may be, that many scruples come in my mynd
concerning them; yea, I have alreadie, whereof I am not resolved. This
is the first tyme that ever I heard it read, and, therefore, I cannot
give my judgment of it. I must confess my ignorance in thir things;
and, therefore, I must be verie loath to give my assent or approbation
to anything wherein I am not both clear and persuaded.
The Moderatour said—Hes your Grace any scruples to propone for the
present?
The Commissioner said—I must think upon all before I propone them.