The Moderatour said—Altho’ the prelats accusation be generall, yet for

stopping of the mouth of malicious persons, we will stryve to answer

any particular that we can perceave they ayme. Ye remember that there

are some generall thinges in the declinatour concerning some ministers

under censure and not, were stryving to find out who they could meane,

bethought they be not named; and we find that there were some under the

censure of the High Commission: Mr David yow are one.

Mr David Dick said—I was admitted Minister of Irwing before Perth

Assembly six months; and having understood that Perth Articles were

given out, I fell to and studied the cause as I should answer to God;

and being under sickness for the tyme, I held me quyet the space of two

yeares and heard all men and [carried] not myselfe hither and yond:

and last, when I saw it lyke my life should not have been long, I saw

it necessar to give my testimonie to that trueth that I thought was

borne downe. The Bishop got notice that I spake frielie, and yet in

such modest termes as they would not have gotten me in the calk; for

within three or four yeares after my entrie, was summondit before the

High Commission. I compeired; and becaus it was the first day of the

Bishops their new roofe—having gotten the greene wax from Court—that

is, that day they were made sole bishops as they were not before—I

tooke course, after the incalling of the name of God, to doe as became

a faithfull member of the Church of Scotland, to mell with what

belonged to my calling, I drew to a declinatour of that Judicatorie,

because I was inhibited be act of Parliament. When. I red my summonds,

I looked wher they should have said, “James, be the Grace of God, King

of Great Britaine,” and I found that they said, “James, be the mercie

of God,” &c., “and John, be the mercie of God, Bishop of Glasgow,”

which I made a reason of my declinatour, and offered to be judged by

the first General Assembly; and this declinatour they turned to be

my quarrell: which day I was appointed to waird; and least I should

be mistane, albeit I acknowledgit not their sentence, I removed from

Irwing, in regard to the Kings auctoritie, to Turray, where I was three

quarters of a year. After, I was, by the diligence of my Lord Eglintoun

and the toune of Irwing, by my knowledge, brought to Glasgow, where

Cameron tooke in hand to convert me or to put my heid in the perrill;

and after I had talked with the Bishop, I obtained this honour that he

should not make conformitie the matter of my challenge, but wherein I

had done wrang to auctoritie I would cleare it. And my Lord Eglintoun,

Mr John Bell, and Mr Robert Scott, who is now dead, was present when I

cleared myselfe, to have done no wrang to auctoritie by my declinatour.

After this the Bishop of Glasgow gave ane warrand to my Lord Eglintoun,

under his hand write, to send for me to keip for my exoneration. I took

Instruments of my hand, comeing to Irwing: heir the act and the letter

of the Bishop, which I desyre the Clerk to read.

The Moderatour said—I hope the brethren hes gotten satisfaction.

The Moderatour called on Mr Samuel Rutherfuird and said to him—Were you

not sent to Aberdeine by the High Commission?

Mr Samuel sayes—Most true. I was sent in and summonded be the High

Commission for divers pointes the Bishop of Galloway lybelled against

me, and there was nothing at all proven against me, notwithstanding

three severall dayes I was before them; and the third day they had

no uther question to propone but these wherewith they attempted me

the first two dayes—only the matter of none conformitie which I stand

by; and upon this they sentenced me, after I declared, by write, the

unlawfulness of that seat, and that I durst not be answerable to

the King to acknowledge that Judicatorie, becaus it was against the

standing law of the Kingdome. Notwithstanding of this, they proceedit

against me, deprived me of my ministrie in Anweth, and confined me

in Aberdeine. I watched on in Edinburgh, desyring the Clerk to give

me ane extract of the sentence, but could not get it, and the reason

why he schiftit me was, becaus the Bishop of Galloway caused him adde

a pointe to my sentence that I was not sentenced for—to witt, that I

should exercise no ministeriall functione within the Kings dominions.

The Clerk denyed it was a pointe of my sentence; notwithstanding, the

Bishop of Galloway caused adde that pointe, and I could never have the

extract of it, onlie I got the Copie of it, and so I went in without

a charge; and, heareing that the Secrete Counsell had accepted a

declinatour against the High Commission, I came out without a charge.

Clerk sayes—By Act of Parliament, all the Kings leidges are discharged

to give obedience to any judicatorie, but that which is established by

Act of Parliament and lawes of the Kingdome; therefore ye ought to be

condignlie censured for entering into waird.

The Moderatour said—Earlstoun, yow have beine lykewayes under their

Censure; who answered—I was confined in Wigtoun under the High

Commission, where I gave ane appellation to the Counsell which Lorne

can declair.

Argyle said—Indeed I remember weill of the Decreit past against

Earlstoun when I was in England, and, when I came home, it was the day

before Earlstoun was appointed to goe to waird. I desyred earnestlie

that he might not be confyned but fyned; and so the pretendit Bishops

did, which is not overseene in their dittay. There was a decreit given

out from the High Commission upon no warrand but his none compeirance,

as if he had bein present _in foro contentissimo_. The Bishops went

on as if he had compeired, and decreitit all that was libellit, as if

it had been proven; and the Bishop eikit, at his owne hand, “becaus

Earlstoun presumed to protest.” Upon this I found it was a litle

informall, and desyred Earlstoun to forme ane bill and give in to

the Counsell. When the bill was given in, I dealt with the Bishop of

Galloway, to see if he would keep it from a publict hearing, and he

was satisfied, but afterwards he was not so willing. I insisted and

solicitat the Counsell that they should be content to dispense with the

confynement, upon the payment of his fyne, which they were content with.

Moderatour said—I beleive verilie that these to whose eares the voice

of the speakers hes come, be satisfied with that which hath bein said.

If any be not yet satisfied, or hes any point or circumstance to show

that they have heard objected against thir worthie Men, let them bring

foorth.—Since there is nothing to say, let us goe on.

Although we doe not match or equall the Confession of Faith of any

reformed Kirk with the word of God; altho’ we doe not make it _formam

fidei sed formam confessionis;_ yet we have great reason to think

reverentlie of our owne Confession; because uthers, who have bein

Strangers, give a great testimonie to it. That it may be the better

thought of, it is expedient that we have a cleare understanding of

the particular articles therein contained, especeallie these that are

controverted. Ye know what a bussines hes bein about the subscriptions

of the Confession of Faith—some subscryving it with some interpretation

of it, or application to the Seruice Bookes and Cannons, and uthers

subscryving that of late tryed by his Majestie, and the short

Confession of Faith, with the generall band nakedlie, without any sick

application or interpretation, subscryvit be the Counsell. We are

to think advisedlie to it as of great importance, and hope we shall

heare somewhat to give us light to encouradge us to goe forward in the

interpretation thereof, that that light we have may shine to uthers.

Argyle said—I should be glad that all that are heir might heare me to

the full; and least I should be mistaken of what I said yesterday, I

would gladlie let it be heard to this company, I intendit that two

thinges should have beene knowne before we parted in the termes we did.

The first was, onlie to take the Commissioner and States to witnes on

the one parte, that what had beene my parte in all this bussines was

neither flatterie nor seeking my owne ends; that, upon the uther pairt,

it ought to be knowne that I was never a desyrer of any to doe anything

that might wrang soveraine auctoritie, but studied to keepe thinges

in the fairest order I could. The second thing was truelie, I heard

some dispute was like to grow by somewhat that was spoken be Doctor

Balcanquell concerning the Constitution of this Church; and, although

it was incumbent to me to beware that that dispute should not grow

dangerous—that when a whole Kingdome was entered in a nationall oath,

the Assembly might not enter in any dispute, nor go in any thing that

might prejudge any thing that by their owne knowledge and consent had

been done; I say it was incumbent to me to beare witnes that nothing

should be done prejudiciall to that voit; not that I thought that I

desyred it should not be tane to consideratione what it were, becaus

some hes done it doubtsomlie—uthers hes referred it to the Generall

Assemblie—uthers, not out of any dislike to religion, subscrivit it as

the meaning of it was when it was first sett downe, which I now adhere

unto, and declaires, that in the publict way that we did it, it was

as it was then profest, without any sophisticatione or equivocatione

whatsomever, and I heare of no uther interpretation; and that I adhere

to againe and againe, and desyres that any thing of that kynd be done

wiselie, and be so looked to, that a whole kingdome run not themselfes

to a national perjurie. And if I have beine anything intricat, I cleare

myselfe, and make it knowne unto the world that I adhere unto the

meaning of that Covenant as it was first subscryvit, againe and againe,

shortlie wisheing this nobile and worthie meiting to go on wyselie,

considering the goodnes of our gracious Master, who hath condescendit

to many things, and gone further on nor many looked for; and what is

wanting I hope it is misinformation. And for the Commissioners cariage,

it hath beene very modest; and therefore I recommend to you to consider

that ye have both the estate of the countrie and the estate of religion

in hand, and according to your discreit cariage will this glorious

worke be done; and doe it in that respect to your graceous Soveraigne

as becomes obedient Subjects.

Then the Earle of Montrois said—My Lord Wigtown was to come heare

with my Lord Argyle to make his owne declaration, and will be heir on

Tuysday to declair himself to the Assembly as my Lord Argyle hes done,

and will give all satisfaction.

Then the Moderatour spacke to the Assembly—My Lord Argyle desyres yow

to know that his Lordship hes put his hand to the Confession of Faith,

and uthers of His Majesties Counsell, with this express declaration,

that they have subscrived according to the meaning of it when it was

first sett downe, and willes the Assemblie to proceed consideratlie

concerning that, lest they doe any thing to bring any man that hes

subscryved it under the suspition of that they cannot tell what; and

Wigtowne hes declared by Montrois that he could not stay to day to

make the same declaration, but will returne the next week for that

effect; therefore since we have this recommended to us after this

manner, and the matter requyres the same, it is good for us to proceed

advysedlie and consideratelie, as that which will have light to any

menes mynds—I mean when we come to declair what was the meaning of

the Confession of Faith when it was first subscrived—what was abjured

therein in doctrine, discipline, worship, or government—so as it may

give all satisfaction to all men; and I trust this grave Assembly will

give their declaration from good Masons and weil groundit, for it is a

material poynte.

Then the Moderatour, in name of the Assembly, desyred Argyle to stay in

the towne and be a witnesse to their proceedings, though he was not a

Commissioner.

Argyle said—My interest in religion, as I am a Christian, though not

a member of this Assembly, yet in the Collective bodie of the Kirk,

induces me thereto.

The Moderatour said—This is a materiall poynt, and it would take up

a lang tyme to heare all the acts concerning the clearing of the

Confession of Faith; therefore I thinke it good, if the Assembly be

pleased with it, to appoynt a Committie to view the bookes therefore,

that they may advyse about thinges and make them ryper to the Assembly:

for next unto the word of God, this Confession, so solemnlie sworn,

should goe deepest in our mynds.

Lowdoun said—It must be the rule of all our proceedings, and the ground

of all our comfort, when we are put to farther tryells; therefore it

would be verie deeplie considerit, and some judicious men named upon

the Committie.

Auldbar said—There is some in the North that hes a third Covenant.

Moderatour said—We are not oblist to expone that.

The names of the Committie:

Mr David Lindsay,

Mr Andrew Cant,

Mr James Martine,

Mr Thomas Mitchell,

Mr Walter Balcanquell,

Mr Harie Rollock,

Mr David Dick,

Mr Robert Hendersone.

Mr Thomas Wilkie.

Rothes, Lowdoun, Balmerino, Burley.

Barons—

Auldbar, Keir, Shirreff of Teviotdaile.

Burgesses—

James Cochrane, Patrick Bell provest of Glasgow,

James Fletcher provest of Dundie.

Montgomerie said—Moderatour, we desyre our Summonds and Claime against

the pretendit Archbishops and Bishops be red.

The Moderatour said—Ye knaw the Prelats wer summond in the best way

could be thought upon; and now, since the Assemblie is constitut, and

hath discussed all objections that can be imagined against us, let us

heare what is said against ane of the Bishops, and remove the rest to

be looked on by these that have the charge of the Billes. We need not

spend tyme in reading the generall Complaint against the Bishops; but

here is a particular, condiscending upon some things which will cleare

the generall. This is against the Bishop of Galloway.

There was a lang Clame red, conteining fifteen or sixtein scheits of

paper, against the pretendit Bishop of Galloway: Then he was called

upon by the Officer of the Assembly, James Bell.

The Moderatour said—This is a great bussines we are entered upon, and

we may perceave, by the reading of the Clame, what will be said against

all the rest; and becaus it will trouble the Assembly, let them be

first viewed by a Committee delegat by the Assembly for that effect,

who may give accompt to the Assembly.

The names of the Committee—

Mr James Ramsay, for the Diocie of Edinʳ,

Mr John Jamiesone, for the Diocie of Glasgow,

Mr Wᵐ Dalgleishe, for Galloway,

Mr Donald MᶜElwrath, for Argyle,

Mr John Duncane, for Dumblane,

Mr George Symer, for Dunkell,

Mr Robert Murray, for Sᵗ Androwes,

Mr George Halyburton, for Brechin,

Mr Alexʳ Martine, for Aberdeene,

Mr Wᵐ Falconer, for Murray,

Mr David Monro, for Ross,

Mr George Leslie, for Cathnes,

Mr Wᵐ Stewart, for Orkney,

Nobles—

Eglintoun, Weymes, Johnstoun, Wedderburn,

Lawers, Kinlict,

Provest of Kinghorne, Baillie of Innernes,

Mr George Gray clerk of Dundie, [Haddington.]

To thir wer addit—

Mr John MᶜKenzie, of Lewis, and

George Gordoun, brother to Sutherland.

When the Clerk called on Doctor Robert Hamilton, Procurator for

the Bishops, to answer to any thing he can say to the Summonds and

Complaints given in against them, he compeired not.

The Moderatour said—Ye know I was saying that the first occasion of our

Complaints and Supplications were the Service Booke, and these Cannons

that were urged upon us. Ye know how miserable the face of this Church

and State had bein before this tyme, if we had not supplicated against

these evills, and what great mercie the Lord our God wham we sarve hes

shawen in delyvering ws so farr from them; yet that it may be knawen

to the world that our supplications wer just, and that there may be

some monument of the wickednes of that Booke left to the generation

following, it is very expedient that it be examined heir, that your

judgments may be knawen and the reason of your judgements; and that we

may goe on the more compendiouslie, it will be good that there be a

Committee chosen also for this. Then the advyce of some of the Members

of Assembly wer taken, who all gave consent to this.

The names of the Committie—

Mr Androw Ramsay,

Mr Robert Baillie,

Mr Alexʳ Petrie,

Mr John Oswell,

Mr Alexʳ Kerss,

Mr John Adamsone,

Mr Edward Wright,

Mr John Menzies,

Mr Samˡ Rutherfuird,

Mr John Hay.

The Moderatour said—The Booke of Cannons, Service Booke of Ordination,

and High Commission, all of them are to be sighted by yow.

* * * * *

Sess. 9.—Novʳ 30, 1638.

After prayer to God by the Moderatour,

The Moderatour uttered these words—We trust in God, that the more our

good cause hath bein defending, and for which we are now conveened, is

agitat, it shall be the more clearlie seen, and the more to be seen

the more it shall be affected, and these that shall see the excellent

lusture that shall be on it, shall, no doubt, be enamoured with it.

Argyle said—I have gotten a paper which I never saw before. It is from

the Earle of Kinghorne, and, becaus it is a missive direct to me, I

shall read it, and desyres it may be keeped by the Clerk.

Rothes said—Heir is ane uther of that same nature from my Lord

Galloway. Lowdoun, Yester, Home, went to him, and he spack something

before, and we caused put it in writt and sent to him, and he renewed

it; quherein his Lordship declaired that he had subscrived the

Confession of Faith, as it was professed in the year 1581, and wishes

all the Assembly to make it the rule of all their proceedings; and he

shawes that they were all wyld in, secreatlie, to the Commissioners

Chamber, and, being debardit, they subscryvit the proclamation, not

knawing what was in it; but, when Galloway heard it, he would have had

his hand from it, and, when he saw that he could not get it back, he

was so excessively greeved that he professed he got no sleepe all that

night.

Then the Earle of Montrois said—That the Earle of Mar had given him

Commission to declair to the Assembly, that he had the same meaning in

the subscryving of the Confession of Faith; and, quhen tyme was fitt,

he would declair it before all the world. Lykewise said the Earle

of Mar, he being hardlie pressed to subscryve the proclamation, he

refused, and said, he would not declair his Sone a Traitour, who yester

night had subscryved the Covenant, and professed to the Marqueis and

these who pressed him, that, as long as his blood was hote, he would

think Covenanters als honest Men as themselves. Likewise,

Montrois said—That he had Commission from my Lord Napier, to declair to

the Assembly, that he had the same meaning in subscryving the Schort

Confession, as it was first sett doune. Montrois said, further, my Lord

Amont would declair the same before the Assembly.

The Moderatour said—Though we had not a Nobleman to assist us, our

cause were not the worse nor the weiker; but there is occasion given us

to blesse God that they are comeing in daylie in throngs.

Then the Moderatour called on the Committie for Peibles.

My Lord Burlie answered—Since this charge was layd upon us, to

collation the Commission and protestation with the Proces, we find no

great reason why the election shall not stand good; and for Mr Robert

Ellot, we find, in the last article of the proces, that he did clearlie

protest, and that upon good reasons. Ane was, that this honourable

judicatorie should no wayes be prejudged in the friedome thereof, in

case there were any illegalitie or informalitie in the election, and

that no place of carping were left to our adversaries; the next was, he

had some scruples in his mynd anent the illegalitie thereof, of which,

after conference, he gat satisfaction, and is content now to take up

his proces; and quhereas my Lord Thesaurer was pleased to take some

offence at this protestation, and he did it now _de animo_, he is sorie

for it, and, if his Lordship were heir present, he would crave his

Lordships pardon.

Mr Mathew Brisbane said—I think it should be tane notice of, that

my Lord Thesaurer was present at the election, and did approve the

Ruling Elders, and came there as ane himselfe, and, in the face of the

Assemblie, pleaded for the Commission.

Then the Moderatour called on the Committie for Brechin, who promised

to make report to the Assembly to-morrow.

Moderatour said—There were, in your hearing, some Committies appoynted

for some materiall poyntes; for considering the Confession of Faith;

the Complaint agᵗ the Prelats; the Service booke; the booke of Cannons;

High Commission, and Booke of Ordination; but it is impossible to

examine thir in so short a tyme, and therefore we passe them.

Lowdoun said—Please yow Moderatour, we began to looke upon that

purpose, being a matter of great importance, and deserved an accurat

investigation of thinges that did passe, especeallie, not about the

Confession of Faith, which was first made and subscryved at that tyme.

We went back, in looking to these registers and Bookes of Assemblies

quherein we find the discipline of the Kirk accuratelie expressed,

so that I thinke, if, in Gods Providence, these Bookes had not bein

found, it had bein hard for the Church of Scotland; because it is about

matters as they wer then presentlie established and concludit. The

seeking out of this and the looking over of many Acts, tooke a long

tyme; but, on all, we find a great harmonie and cohesione, clearlie set

downe, to put out Popperie and Episcopacie. The name is examined; the

Corruptions is examined; the office is examined; and their severall

considerations tane to many Assemblies. The Discipline, of long

deliberation, is sett downe. The Confession of Faith following, is a

confirmation both upon the ane and the uther; and the ground of thir

hes bein the root of many of our proceedings through this Kingdome,

especeallie the renewing of the Confession of the same oath first

[framed], which I hope will give satisfaction to all men who could

not weill understand it before, when they shall take knowledge of thir

bookes. We dar not now give out our judgement fullie; but we will goe

on in consideration, to satiefie yow all, and we crave your patience

to acquyet yourselfes in it. It must have long tyme; for matters of

so great importance cannot be done but accuratelie, for every mans

satisfaction.

The Moderatour said—It were better not to toutch it at all then not to

handle it accuratelie and solidlie; yet we allow not the Committies

for determination of any thing, but only to prepair matters for the

Assembly their judgement, and if need be, tyme may be prorogat further

to them.

Lowdoun said—God, the Father of light, give light unto it, for it must

be the rule of all our proceedings.

The names of the Committie for the Prelats called upon for their

Complaints.

Mr Robert Murray said—That the Complaint against every particular

Prelat behoved to be tryed, and therefore desyred the Moderatour

to intimat to the Assembly, and, if any had information against

any particular Diocesian Prelat, that they would give it in to the

Committie.

Then the Committie for the Billes were called on.

Mr David Lindsay answered—We have discussed some particular Billes that

came before us, and we conceave this; that where the caus is weightie

and the proces red, we think it good that Summonds be directed both for

the Pairties and witnesses. There be uthers against whom there is no

formall proces, and it will be weill done to heare the judgement of the

Assembly anent these.

Moderatour said—There be two sortes of processes: ane sort are these

which are closed alreadie before the particular Judicatories; I meane

the Presbitries from whence the Pairtie are complained upon, who have

heard the witnesses and set downe their deposition; and nothing left

to the Assembly but to pronounce their Sentence. These may come in

pertinentlie before the Assemblie. But for uther proceses that are

not concludit, and witnesses not heard, but to be heard, before the

Assembly consider whether it be more expedient to send citations to the

Pairtie and witnesses to compeir before the Assembly, or if they shall

be remitted to their Presbitries, or the next adjacent Presbitrie, as

having Commission from the Generall Assembly to put a finall conclusion

to them, and report it to the next Generall Assembly.

Records of the Kirk of Scotland containing the Acts and Proceedings of the General Assemblies from 1638 downwards, as authenticated by the clerks of assembly. · 第 40 / 186 段