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.