there be any here, noblemen, gentlemen, ministers, that if they have
any thing to say agˢᵗ this information concerning the authoritie of the
Registers, that they would propone them, either now by word, or in a
short tyme by writt, that this Assembly may make a declaration that
they are authentick; and, if no objection be made against them, we will
take your silence for an approbation of their authoritie. If ye have
any thing to say, bring it foorth presentlie; if not, produce it in
writt against the morne.
The Commissioner said—I am verie confident that there is not the
Regents hand writt.
Durie answered—If it was not his hand writt it wᵈ have _sic
subscribitur_, as all uther copies uses to have. I will not affirme
that everie reason given for proving the authoritie of the bookes is
unquestionallie good; but _que non prosunt singula, multa juvant_. I
daresay this farre: all the Registers of Sessioun, Counsell, and pryme
judicatories of this kingdome, are alse farr short of the Registers of
the Kirke, as these Registers are short of these things treated here.
The Commissioner said—Truely, sir, I cannot but acknowledge these
reasons hath cleared verie much, and verillie they have removed many
scruples that myself had before the hearing of them; so that I will not
contradict them: but I still doubt if that subscription be the Regents
hand.
Moderatour said—If there be any brother that has any copie of James
Richie, or John Gray, clerk to the Assembly, their hand writt, let them
produce, to give farder information to confirme this information; for,
possiblie, some minister or uther that hes some record that may give
testimony and approbation to this hand writt.
Then Mr John Row produced ane copie of severall acts of the booke of
Policie, written be the said Mr James Richie, and subscryved with his
hand; ane uther brother of the Presbitrie, which he had keeped himself
now 52 yeares; and the hand writt of the Assembly Booke and the Copies
being compared, and seene be the Commissioner himself, they were
acknowledged to be ane hand writt.
The Moderatour said—If any man have any thing to oppose against these
bookes, let him now bring it foorth, that ane Act may be made; for, if
no man produce anything, they will be acknowledged be the Assembly to
be authentick hereafter.
* * * * *
Then the Moderatour, professing his owne insufficiencie for so weightie
a charge as was now layd upon him, craved that some assessours might
be nominat to joyne with him in a privat conference for ordering of
matters to be proponed in Assembly.
The Commissioner answered, that he would not oppose any laudable
custome of former Assemblies; but let the Clerk and Lord Register mark
that my assent be no wayes prejudiciall to my masters right.
Mr David Dalgleish said—I have seen Assemblies of old, and such pryme
conferences, according to my poore observation, hath wrought great
prejudice to the Kirk; therefore, I would wishe that all were done by a
voluntar consent, and by the concurrance of the whole Assembly.
Moderatour answered—Please you, the advice of the Privat Conference
has done harme to the Assembly, but not the use and institution; for,
of its inowne nature, [it] is very helpfull. They aught, deed, to
keepe themselves within their owne bounds, and doe nothing that may be
prejudiciall to the Assembly; but doe yee think it is possible for a
man to propone matters for so great a meeting without assessours?
The Assembly declaired, there needed no Act be made for assessours,
but that the Moderatour may choose at his owne discretion, some few to
assist him in the ordering and proposition of matters; whereupon the
Moderatour nominat—
Mr Hary Pollock, Minister at Edinburgh.
Mr John Adamsone, Principall of the Colledge thereof.
Mr David Dick, Minister at Irwing.
Mr David Dalgleische, Minister at Coupar.
The Earles of Rothes and Montrois.
The Lords Lindsay, Lowdoun, and Balmerino.
Sir William Douglas of Cavers.
The Laird of Keir.
The Laird of Haughton.
James Cochrane, burges of Edinburgh.
James Fletcher, Provest of Dundie.
Mr Robert Barclay, Provest of Irwing.
My Lord Lowdoun said—Please your Grace, these assessours are only to
advise what is to be done first, and what next, for greater expedition
and acclerating of buseinesse.
The Commissioner said—I have alwayes bene carefull to eschue the
speaking of any thing that might impede this great and good worke, and
so shall I still be; yet must I be carefull that my silence be not
prejudiciall to my gracious Master and Soveraigne; and, I hope neither
your disposition, nor any here present, intends any wrong be what they
say or doe, to auctoritie. But I have bein told that the overtures and
proponing of matters doe principallie belong to his Majestie, what he
thinks fitt to be agitat in the first place, in the midle, and in the
last place; therefore I cannot passe by my just protestation, that this
prove no wayes prejudiciall to my Masters service, and I receave no
imputation by saying nothing. Whereupon his Grace tooke protestation.
The Moderatour said—Your Grace needed not to have protested, seeing the
Assembly was content that everie thing done in the Assembly should be
done with his Graces consent.
My Lord Rothes protested that the ordering and proponing of matters
pertained only to the Moderatour.
The Commisioner said—Indeed I am well pleased to heare that from yow;
but I must be carefull of my Masters right; and I hope it shall be
seene to future ages that I have bein ane honest and trustie servant to
my good and gracious Master.
The Moderatour desired his Grace to condiscend upon an houre for the
Meeting of the Assessours formerlie nominat, and said it was the
custome to meit in the Morning before Sermon.
The Commissioner said—I am told that the tyme and place uses to be
appoynted be his Majestie or his Commissioner, who was alwayes present
at these privie conferences; and therefore I protest that I be present
at them all.
The Moderatour said—We shall be verie glad of your Graces presence and
assistance; for we hope your Grace will be a helpe and not a hinderance
unto us. Therefore lett us know the tyme and place which seemes to be
most convenient, that the tyme be conforme to the dyet of this Assembly.
The Commissioner said—When my leasure can serve, I shall be readie to
give attendance.
The Moderatour asked the opinion of some of the brethren. Mr Robert
Douglas, Mr James Bonar, Mr Andrew Cant, Mr John Bell, said, that the
tyme might be appoynted by the Moderatour; but it must be advertit
that nothing be determined in these privie conferences, nor any thing
prejudiceall to this free Assembly; but only that matters be ordered
and digested be them, that soe things might be rightlie proponed in the
Assembly.
The Moderatour said—I was present at these Conferences, at ane Assembly
in Aberdein In 1616, and they tooke very much upon them, for all
matters were concluded and determined; that the privie Conferences satt
3 or 4 houres, and the Assembly satt but ane houre, and intimation was
only made in the Assembly of their Conclusions, and the Assembly was
asked if they had any thing to say against it; but I hope they shall
hold themselves within their bounds.
The Moderatour said—There uses some to be naimed for receaving of
papers and billes that are to be given in, becaus it will not be
convenient that the whole Assembly be troubled with everie particular
complaint; therefore let some be nominat for vieuing of the Billes,
that hes best skill in matters of this kynd, that they may report to
the Assembly, what is pertinent to be handlit here, and what not.
The Commissioner said—There is nothing that hes bein the order and
custome of Assemblies but I shall heartillie consent unto it.
The Assembly appoynted for receiving of Billes, &c.
The Moderatour desyred that the rest of the Commissions that were not
cleared and approven, might now be examined; and first he desyred to
hear the report of these that were on the Commission for Brechin. They
answered that they were not sufficientlie instructed.
The next was Commission from Peibles.
My Lord Traquair said—For clearing of the sufficiencie of this
Commission, ye may see the whole process under Mr Patrick Purdies hand,
Clerk to the Presbitrie, who is here present.
Mr John Bennet said—We, the Commissioners of Peibles, have hitherto
been silent; now we desyre to be heard, and that this reverend Assembly
would take this matter to their Consultation; for here is ane whole
Elderschip accused by ane man, whereas the Scripture sayes—“Accuse not
ane elder but under the testimonie of two or three witnesses;” and this
Man, ane of our bowells, of whom we expected better things, hes now
brought us on the stage, and spitted on our face, and brought us in
suspition, by surmizing speaches, and open challenges; and this he hath
done under pretence of zeale for the freedome of this Assembly, quhilk
God forbid we should prejudge. We are heir, Men, haters of vyce and
lovers of veritie, willing to give all our concurrance to everie good
worke.
The Moderatour said—It is not an accusation, but ane Protestation; and
it will appeare by the determination of the Assembly, whether he hath
done wrong or not.
My Lord Traquair said—I know certainly they have a Commission most
warrantable; but since now it is contradicted, I submit myself to the
judgement of the Assembly; and I crave that the whole proces may be
read to the Assembly, that it may be knowne on whose parte the fault
is; and if it doe not clearlie improve what Master Ellot hes said,
and make good what I have said for myselfe, or if there be a syllable
or circumstance of that quhilk he alledges true, or if ever I have a
thought in that kynd, I were not worthie to come amongst Christians,
let be to come here; for it is impertinent, if not impudent, for a
man to intrude himselfe in such an action as that which is against
all conscience and dignitie. But I propose not now to use any
recriminations.
Mr Robert Ellot said—My Protestation is not accusation or challenge
against any mans persone, but agᵗ the informalitie of the election of
the Commissioners, least this Assembly should be challenged afterward
for admitting such a voice in matters as was not instructed with
sufficient Commissions. Alway I am sorry that my Lord Thesaurer should
be offendit. I thought his Lordship should not have been offendit;
for, God is my witnesse, I neither intendit, neither have I given any
occasion of offence.
My Lord Traquair said—I submitt to the judgement of this honourable
company, if this be not rather an accusation nor a protestation, and
that in a high streame, challenging me for intruding myselfe in that
bussines after so unjust a way; but neither this assertion nor myne can
take away ane judiciall act. I hope both our partes shall be cleared be
the Proces quhich must have faith, except ye will offer to improve the
writt, and prove the Clerk to be false.
The Moderatour said—It is possible he may give some information for
himselfe, which will not contradict but may subsist with the proces.
Then the proces was given to the Clerk and read.
Traquair said—I doe not say but my judgement may differ from Mr Ellots
or any other mans; but if thare hes been any illegall way usit by
me, I am readie to answer according to law and reason; but if his
judgement doeth not goe alongst with me, I hope this will be no reason
to condemn myne for it; and when this honourable meeting hes considered
this proces, if they be not satisfied, I will submitt myselfe to their
judgement.
Moderatour said—That Mr Ellot had nothing to say against the proces;
quherupon the Thesaurer tooke Instruments, that Mr Ellot acquiesced to
the trueth of the proces.
My Lord Yester requyred that these who were present might be asked
concerning that quhilk Mr Robert had alleadged; for he sayes nothing
contrare to the proces, but something more nor is in the proces. And
he hath given in a protestation only, and not ane accusation; and when
I posed him straitlie, what moved him to give in the protestation, he
tooke God to witnesse that he did it out of conscience and love to the
good of the Cause.
Traquair said—My Lord, let me speake as good friends and Christian
subjects ane to another.
Yester answered—I desire earnestlie it may be so; but it may be I
cannot speake so pleasantlie to your Lordship as I would, be reason of
this throng about.
Traquair said—I take it to be a clame and accusation against the
formalitie of the election; and what is in the proces, I remitt it to
the judgement of the Assembly, and if any thing be called in question
which the proces cannot cleare, I shall justifie ane uther way.
* * * * *
Sess. 7. 29 Novʳ 1638.
After in calling upon the name of God,
The Moderatour said—We left at the testimonie which was given by
skilled men who wer appoynted for trying of the Kirk Registers, and
their testimonie was read in your hearing; and we requested all to
bring in this day, their objections and scruples concerning these
registers: now we crave that ane who pleases would object; for if
no man object, an act or record will be insert in the bookes of the
Assembly, declairing that these bookes are authentick.
The Commissioner said—No man here shall have greater joy nor I, to
heare the registers of the Kirk perfyte, and no man shall contrubut
more to it then I, being a matter of so great importance or weight; for
upon the acts set doune in these bookes very much depends. But becaus
ye have heard [objections] be the Lords of Clergie made, and their
adherents, against the legallitie of the proceedings of this Assembly,
I am tyed yet to say somewhat; and I am sorrie that I must protest
against that in word which my heart desires not. Sore greeved I have
reason to be to protest against so good a work as is the restoreing to
the Kirk of her records; yet considering many causes which now I will
not expresse, I am forced to protest against it: ffor albeit these
bookes may be found authentick be the consent of this Assembly, yet may
I doe nothing which may import either his Majesties assent to it or
myne; and therefore heir I make protestation against.
The Moderatour said—We only crave the Assemblys approbation; and if the
pretendit Bishops or any uther will take upon them to improve these
bookes, or any parte of them, they shall be heard. It is pittiful there
should be such a rent in our Church, so fearful, and that any point of
the cause of it shall be imputed to authoritie, if we consider what a
sweete unitie was ance in this Kirk. To clear this unitie, I will read
a testimonie out of the preface of the booke called “The Harmony of the
Confession of the Reformed Kirkes.” After the reading of it in Latine,
he exponed it, shawing the rare priviledges of the Kirk of Scotland
beyond other Kirkes; that for the space of 54 yeares it remained in
puritie of doctrine and discipline, without any errour or schisme,
and gave a reason of it; becaus the Kirk of Scotland was reformed in
doctrine and discipline according to the word of God: so it is clear,
the Kirk ance had unitie, and it is clear also by what meanes and
Instruments schisme hes come in.
The Commissioner said—I pray God the Kirk may enjoy this puritie 40,000
yeares more, if the world should endure so long; yet I must protest,
in more pathetic words, against the authoritie of these bookes (for I
did it in modestie before); albeit, I would give my estate and venture
my life in furthering the Church to be restoired to her registers; but
becaus of the manyfold exceptions I have against the way of the meeting
of this Assembly, and against sundrie persons which are Members of it,
I protest heir, that neither the Kings Majestie nor the bishops be
wronged be any act in these bookes, and that they are not obleist be
the acts of any booke, which is not subscryved be the Clerk of Aberdein.
My Lord Rothes said—Your Grace promised to propone some scruples
against these bookes, wherin your Grace was not yet satisfied, which
we desyre to heare; for they are found, of all who have tryed them,
comparatively authentick, and utherwayes also.
Moderatour said—We are sure if his Grace had perused these bookes, he
would approve them also.
The Roll being called be the Clerk, the Moderatour asked if the
brethren did approve the registers? Who answered that they did; and
desyres that reasons of the approbation might also be insert in the
bookes of the Assembly, and that there was not any protestation made
be his Majesties Commissioner. They desyred also that the Bishop of Sᵗ
Andrews might be summonded for the production of these bookes which are
wanting.
The Moderatour said—Ye heard of a declinatour given in be the
pretendit Bishops and Archbishops, containing many divers crymes and
challenges agᵗ the Members of this Assembly; therefore it is desyred
that some paper may be read containing some answers to many pointes of
their declinatour, and not a full answer, such as shall be given in
hereafter; only this shall serve to give some answer, &c.: which two
papers being read be the Clerk,
The Commissioner said—I did not expect an answer to the Bishops
declinatour and protestations, seeing the declinatour was only
presented to me, wherefore ane answer from the Assembly was needless.
The Moderatour answered—The inscription of the Declinatour sayth, “A
Declinatour to be red before the Assembly,” and therefore ane answer
must be given be the Assembly.
Rothes said—There is no more pertinent matter to be handlit in the
Assembly then that declinatour, which in it hath so many criminations
against the Members of it, and alleadges wronges in the Constitutions
of it.
Mr Andrew Ramsay said—Your Grace hes als good reason to answer and
object against the bishops declinatour as any in this house; becaus
in it they declyned the Kings Grace and his Commissioner, be thrie
testimonies cited be them, and will not suffer him or any other King
or Emperour to hold voice in Assembly, saying, “Nemo preter Episcopos
debet se ecclesiasticis protractibus immiscere.”
The Commissioner said—I thinke they have no intention to declyne
the Kings Majestie as judge, seeing sundrie pairtes of their paper
declaires their reverend subscription to his Majestie. But I will not
wrong these reverend Lords be my disputing of their cause, who am so
insufficient for it; but if I thought they intendit any prejudice
against my Master and soveragne, I would protest als soone agᵗ them as
any.
Then the Clerk was desyred to read some answers made to the Prelats
and some Ministers objections in their declinatour and protestations
against ruleing elders had any voice in the sentence of excommunication.
The Moderatour answered this—The Presbitrie hes it, and they as members
of the Presbitrie. Further, he said, these papers being unperfyte, and
not having fully exped all that is to be answered to be the bishops
declinatour and protestation agᵗ Elders, there is the more to be
expected; and in the meanetyme we are obleist to God that the lyke
declinatour and objections wer given in be the remonstrances against
the Synod of Dort; so that we neid no uther answer to the bishops
objections then these the Synod of Dort made to these remonstrances.
Then the Moderatour red the answer out of the booke of the Synod of
Dort, and said, this is _Judicium Theologorum magne Britanniæ_.
The Commissioner answered—Heir is a man by me, who desires to make
answer of that which ye have red from the Synod of Dort.
Balcanquell asked libertie to speake, seeing he was not a Member of
the Assembly; pleading so farre, of the caice of the remonstrances and
our bishops was different in two maine respects—therefore the same
answer could not serve the bishops declinatour, which was most valide
agᵗ the remonstrances:—first, becaus the matter of the remonstrances
accusations was anent points fundamentall, such as election upon
foirseene faith,—universalitie of Christs death, and co-operation of
Gods Grace with our will—resistabilitie of Grace,—the finall apostacie
of the saintes: in which pointes, and uthers of that nature, are all
bound, under the paine of damnation, to betake them to the one syde;
and therefore the remonstrances could not justlie declyne the Church
of the Low Countries in questions of that nature, though they had
before that Synod, cleared themselves to the contrarie; for if any such
exceptions are of force to declyne a Nationall Assembly, of necessitie
they behoved to be referred to the judgement of strangers; but the
questiones in the Church of Scotland were not anent fundamental poynts
of religion, which, by our Confession, are declaired to be eternal and
unchangeable, but anent matters of policie and order, which the twenty
first article of our Confession shawes to be alterable. Secondly, he
excepted that the Kirke of the Low Countries had not before that Synod,
bund themselves by oath and subscriptioun, against the doctrine of the
remonstrances, as we in the Kirke of Scotland had done against the
bishops, and the causes depending betwixt us and them.
The Moderatour said that it was a questione of great difficultie, to
decerne what pointes are fundamentall and what not; and, if this whole
Assembly were sett to it, it would take them to the morrow at this
tyme. Secondly, That Synod of Dort did not pronounce these pointes
controverted betwixt them and the remonstrances to be hereticall, but
only to be erroneous. Thirdly, Doctor Feild, and uthers, distinguishes
errours in two fundamentall poynts about the foundations of these
that are more remote, and _preter fundamenta_. In the first sort,
meir ignorance was damnable, but, in the third, obstinacie, as Doctor
Feild instances Pauls cloake, what became of it, or whether Onesimus
was Pauls Servand now. Now the Moderatour assumed that Dr Balcanquell
would not affirme that sinne ignorance of these pointes of Arminianisme
was of the selfe damnable. Fourthlie, Our Church holds, that all the
maine poyntes of her discipline ordour, were warrantable by the word
of God; and that, be God’s grace, we are able to prove it to be so;
for the second article of our Confession, declareing Ceremonies to be
alterable, it is to be exponed only of the circumstances of the tyme
and place.
Mr David Dalgleish addit two answers farder:—1, Antient Counsell had
proceedit, and finds themselfes competent judges, even when matters
of inferior degree are questioned, as in the questions of Novatus and
Danatus. 2, That the Bishops wer indytit for poyntes of heresie, such
as the Doctor acknowledged to be fundamentall poynts—to witt, poynts of
Poperie and Arminianisme.
Then the Moderatour said—Seeing, in Gods providence, this Contestation
is tymeouslie fallen in, it is fitt that this Assembly should voice,
whether they find themselves competent judges to the pretendit Bishops,
notwithstanding of the Declinatour and Protestation?
The Commissioner said—I find in myselfe a great contrarietie—causes
of joy, but greater causes of grieff; causes of joy, that I am able,
before God and all that heares me, to make good all the whole offeris
his Majestie hes made to this Kingdome, be severall proclamations
and declarations, and more also. But I have sorrow that I cannot
goe on so as to bring matters in hand to such ane peaceable end as
I would; therefore, before ye proceid further, I will renew all my
protestations, made in name of my Master, and Lords of Clergie, here. I
will present unto yow his Majesties gracious pleasure, signed with my
owne hand by his warrand.
Then the Clerk tooke and red it, and it containes a discharging of
the Service Booke, Booke of Cannons, High Commission; ordaines the
5 articles of Perth to be no more urged, and gives libertie to the
present Assembly to represent their judgment of these articles to the
next ensueing Parliament; and that no oath be taken of ministers but
that which is insert in the Act of Parliament. It promises Generall
Assemblies to be indicted als oft as shall be found expedient. It
showes that his Majestie is content that the bishops be censured be
the Generall Assembly, and that he intends no change of Religion.
It hath a command to subscryve the Covenant and band made 1580 and
repeited 1589. After the reading of it,