is clearlie convict of Arminianisme and many Poyntes of Poperie, and
the Censure of the Kirk is deprivation for his false doctrine, and
excommunication for declyning the Generall Assembly; therefore, I
thinke this Assembly should extirpat such birds, least the Kirk receave
prejudice heirafter.
Mr Androw Ramsay said—That he promised to forbeare such doctrine,
but did it not; and not only declyned this Assembly, but used meanes
to stoppe the course, by letters from the Bishop and Commissioner,
commanding the Presbitrie to [desist] from any censure. Therefore he
deserves deposition.
Moderatour said—This is a sufficient ground of a Sentence against
him, that his doctrine is the doctrine of the remonstrances that they
avowed at the Counsell of Dort, contrare to the doctrine of all the
reformed Kirkes, whose Commissioners were there; and consequently to
the doctrine of the Kirk of Scotland; for he defends universall grace,
resistabilitie of Grace—efficacie of Christs death—apostacie of the
Saints; so he is both convict of heresie, and obstinatelie glories
in the venting of it; and so in respect of his false doctrine and
declinatour, _merito ejiciendus_.
Then the rows were called, and the whole Assembly voiced to his
deprivation.
Moderatour said—There is none here, I am sure, more loath to pronounce
a sentence of deprivation nor I, who never did the lyke; yet, since
place is given unto me, in name of this Assembly, and in name of Jesus
Christ our Saviour, I declair, that Mr David Mitchell shall no more
exercise the function of the Ministrie; and, for that whilk is laid
to his charge, he is not worthie of any Ministration of the word and
Sacraments in the Kirk of God, and declares his place to be vacant;
and ordaines the Presbitrie of Edinburgh to make intimation thereof in
their Kirkes.
* * * * *
Sess. 12.
[Decʳ 4. 1638.]
After prayer to God, there was a long and learned speach against
Arminianisme, uttered by Mr Robert Baillie, Minister at Kilwinning.
Then the Commissioners of Edinʳ declared to the Assembly—That the
Citizens of Edinʳ, so soone as they heard their Ministers had declyned
the Assembly, they were in such a rage against them, that they would
neither heare them preaching, nor joyne with them in their Sessions;
therefore, they cravit the benefite of the Acts of the Assembly;
and in respect it would have tane up meikle tyme to have heard the
particular clauses of everie ane of them, the Assembly resolved to
delegat some men, who should have full power and Commissione from the
Assembly, to heare and examine all complaints given in against them,
and, if they deserve deposition, that they shall have alse great power
to pronounce it as the Generall Assembly, according to the Customes
of the Assemblies of the Kirk in former tymes, who may transmit the
power by Commission, _quoad ad huno effectum_. Some Complaints were
given in against Mr George Sydeserff and Mr Wᵐ Maxwell, qˡᵏ was red,
and proces produced against the persone of Leith, and Mr Joⁿ Watsone.
The Commission hes power upon all the forsaids persones in Edinburgh,
Leith, Canongeit, and Dumbar.
The names of the Commissioners—
Mr John Ker,
Mr James Fleyming,
Mr James Porteous,
Mr Richard Dicksone,
Mr Robert Cranstoun,
Mr Androw Blackball,
Mr Joⁿ Oswald,
Mr Robert Douglas,
Mr James Symsone,
Mr Frederik Carmichael,
Mr Alexander Hendersone.
Nobles—
Rothes, Montrois, Lowthian, Lindsay, Lowdoun, Balmerrino.
Barons—
Auldbar, Waughton, Schirreff of Teviotdaile.
Burgesses—
Mr George Gray, Mr Robert Cunninghame, or any thirteen of them, 7
thereof being Ministers. They are to sitt doune before the end of
Januar.
Then some Ministers were sworne before the Assembly to depone
faithfully to the Committie upon the complaint against the pretendit
Prelate what they know—namely, Mr James Blair, Wᵐ Dalgleishe, Androw
Andersone.
* * * * *
Then there was a proces against Mr Alexʳ Gladstanes, Archdeane of Sᵗ
Androwes; and the whole Assembly voited to his deprivation, and the
Moderatour pronounced the sentence.
Then the Committie, that was appoynted to be upon the nullatie of the
Assemblies, gave in their reasones, quhilk wer all red, and verified by
Acts of uther Assemblies, the Presbitrie bookes, and the King’s Letter.
The Moderatour told that the Acts of Linlithgow Assembly were sent
up and doune to Court; and, at last, when they came home, there was
ane Act shifted in among them, that these who were Bishops, _ratione
beneficii_, (for there was no such office,) should be constant
Moderatours of provinciall Assemblies, and this was proven to be false
in Mr James Nicolsones face, and the clerk called Philip, which was the
caus of the said Mr James his death. John Stewart, Provest of Dumbar,
was there, and told that he never heard such a thing voited. Adam Colt,
Mr William Watsone, Mr James Carmichael, Mr James Cauldcleuch, Mr
Androw Melvill, Mr Wᵐ Scott, and uther worthie men of the Ministrie,
were sent to Court and detained quhile this present Assembly should
passe.
Mr John Ker told, that, in the Assembly 1608, all the names of the
Nobles, Barrons, Burgesses, Ministers, directed by the King, voited
without any uther Commission, and the 13 Bischops, and from sundrie
Presbitries, four or fyve Commissioners.
Mr John Row said—I was not Commissioner to the Assembly at Glasgow
1610, but I was Moderator in our Presbytrie for the tyme, and Mr George
Gledstaines brought the Kings Letters, quhilk is registrat in our
bookes, and he brought three particular Letters to thrie brethers of
the Presbitrie nominat by the King to goe to that Assembly. I, with the
advyce of the brether, made them stand and swear, as they should answer
to Jesus Christ, that they should admit no alteration in government
of our Kirk, nor consent to any thing that might derogat from her
former auctoritie. They went to the Assembly, and, when they came back
againe, we asked at them what they had done or concludit: they would
not tell us. Alwayes ane of them, that had gotten no gold, said—“God
be thanked I have gotten nothing.” The other two said nothing; and we
thought thereby that they were in the calke. There wer thrie sorts of
voits at that Assembly—_affirmative—negative_—and _non liquet_; and he
that said _non liquet_ gat nothing; and this brother of ours, Mr John
Stewart, voited _non liquet_, and a friend of his, Patrick Stewart,
hearing that he said _non liquet_, said to him, (not knowing what _non
liquet_ meaned,) “How now, cusigne, they say devill belicket yow gatt?”
Alwayes the uther two that had gotten it, would not declair what they
had done. The God of Heaven made it manifest what they had done; for
ane of them, Mr Andro Foster, fell into a pittifull sicknesse, for he
had taken silver out of the poore folkes box with false keyes. It came
to passe that he, not being gifted for such ane place, his parochiners
would fain have beine quyte of him, and desyred him to dimitt his
place to Mr John Murray, and offered him a great soume of money, and
lykewayes offered to get him a landwart kirk, and, if his stipend
were not good, they promised to make it alse good, whereto he would
not consent; but, through vehemencie of sicknes, troubled in mynd,
feares and terrours of conscience that God struck him with, he was in a
pittifull case, and even readie to put hand to himselfe, as I can bear
witness, who was sent for to comfort him. He tooke apprehension of a
word that Chancellor Seaton said to him when he reveiled to him what
he had done—“that it were well waired he wer hanged.” He apprehendit
that he would be presentlie tane and hangit; but, having perswaded
him of the contrair, I desyrit him to tell the trueth to Gods glorie,
and he promised to answer me of any question I would propone; and I
demandit of him, first, saying—“Brother, are yow perswadit in your
heart that God calls yow to the Ministrie?” who answered—“Nay, nay,
I soght ever the world, and so seene on me.” Secondlie, I asked at
him—“What he gat in Glasgow for selling the liberties of the Kirk of
Scotland?” He said—“Fyftie merkes.” I said to him—“It is good for yow
to prepaire yourselfe for death;” whereupon he apprehendit that he was
presentlie to be execute. I besought him to pray. He said he could not;
but desyred me to pray for him, whilk I did; and, in the tyme of the
prayer, all the buttons lapp aff his breast, and [he] bled horriblie
at mouth and nose. After prayer, I asked him—“Are yow prepared to die?”
He answered—“No, woe is me!” Said he—“If you would spare my life till
the morne, I would be better prepared;” and requested me to deale with
Patrick Stewart for his life, and might I give him assurance it should
be so; so, the morne I came to see him, and he was benumed, and wist
not what he did or said, and granted that he was not in the case he was
in before. At last, he deserted his calling and came to the Presbitrie,
and gave over his place to Mr John Murray. And the lyke fell out too
with Mr Wᵐ Patoun; for he gat uther fyftie merkes: and, the poore
folkes box being broken in his house, the Bishop, at his visitation,
made him to lay downe uther fyftie merkes for it, and so he had no
vantage for that shift.
Mr David Dick said—Doctor Wᵐ Guild and I was auditors of ane who
was a verie penitent man, for taking some money at their Assembly.
He confessed he gat 40 punds; and we asked what he did with it? He
answered—he bought ane silver satt fatt with it, and he said “there was
no more to give me.”
Doctor Guild said—In trueth there was some money in dealling, but he
came to the hinder end and when the purse was weill neare teemed.
Mr Joⁿ Ker said—I know a minister, Mr John Lawder, that came when the
bag was almost teemed, and the Earle of Dumbar, who was his patron,
said—“Well, Mr John, yow are too lang a-coming, for I have no more left
but ten punds, 40ᵈ less,” and that he gat.
Mr Thomas Mitchell said he had a good-brother that was there, and
when he came hame he was asked what he gat. He answered, he saw it in
dealling, but not a penny he gatt, but was threatened by the Bishop to
be sent to Ireland.
Mr Simeon Johnstoun said—He was there, but gat no money; only went
thither upon the Kings Letter.
The Moderatour said—That might weill be your rewaird.
Then diverse other of the brethren arose and declaired that there was
both money taken and given at that last Assembly, and lykewayes they
nominat sundrie that had receaved it. Then the reasons for the nullitie
of the pretendit Assembly at Aberdein 1616 was red and proven to be
valide.
The Reasons of the nullitie of Perth Assembly 1618 was red and fund
valide, and Mr Laurence Kinneir told that his name was put out and
uthers wer put in the rows.
Mr George Muschet said—Some that came with Commissions, because they
trowed their voice would be negative, their names wer put out, and
Mr John Murray offered three or foure tymes to speake the pretendit
Moderatour, but gat not libertie; and when he came hame he said he
never saw [such] ane ordour at ane Assembly.
Mr James Cunninghame said—The Bishop or pretendit Moderatour, in his
discourse which he had be way of preaching, he was there labouring to
cleare himselfe of any imputations which he said was layd on him for
being the devyser of the 5 Articles. He tooke aff his hatt, which he
had on all the tyme of the preatching, and attested God that he never
knew of the 5 Articles till the King sent them doune, and commanded
to ingrosse them in the Assembly; and Doctor Lindsay, who was the man
that answered all the arguments, when it came to the voiting, said,
“I confesse there is neither Scripture, antiquitie, nor reason for
them;” and farder, he was heard say, “If either reason, Scripture,
or antiquitie had place, he will tyne the cause.” The question was
stated, whither, in respect of the Kings Commandment, the 5 Articles
should pas or not in ane Act? And it was urged onlie to be acted in the
Assembly bookes, and the Bishop said they should never be urgit with
the practice of them; and the Bishop of Galloway, directing his speache
to Mr James Carmichael, said, “Yow may see we conceaved the Act be way
of Councell and not be way of Command,” and so, many gave way to the
inserting of it in the booke for the Kings pleasure, who for conscience
sake would never have practised them.
The Moderatour said—Brethren, I think when ye read constitution of
Synods, and these conditions that are essentiallie requyred for making
up of lawfull Assemblies and Synods, ye will find many peccant humours
in these Assemblies against these rules, and ye will find scairce any
of them keeped. I have sundrie tymes considered the Conditions that all
divines think requisite to be keeped in Assemblies, but I could never
see ane of them keeped in their Assemblies, especiallie in that of
Perth.
Mr David Dalgleishe said—I remember it was said that these articles
seemed to Poprie, and the pretendit Moderatour said he would meet the
Pope midgate; and in voiting they wer commandit either to grant all or
deny all, for the Articles wer all voited together.
The Moderatour said—If there be any other brether in this Assembly
that hes any uther particular concerning Perth Assembly, let them
now declair it before it goe to voiting, and let us doe all out of
cleare light, solide knowledge, and certane persuasion, that we pass
not from it the nixt day. Ye know what pitiful perturbations and
tragical tribulations hes bein upon the urging of these articles, and
we have reason to blesse God, who this day calls them to examination.
I think there was four yeares betwixt the closing of the Assembly
and Parliament that ratified it, and all the tyme betwixt, there
could never a certane forme be gotten of that Act. Alwayes brethren,
becaus this is a matter of importance, and I would have you all fullie
perswaded in your mynds; any man that hes anything to say, he hes now
tyme.
The Assembly was all silent, and thereby declared their satisfaction.
Then the rolles wer called, and the whole Assembly, all in ane voice,
without contrare voice, declaired all the forsaids Assemblies to be
null.
The Moderatour said—Ye have voited unanimouslie; and these Assemblies I
trust be not only null, but hereafter shall be a beacon that we stryke
not against such rocks; _pathemata nothemata, nocumenta documenta_.
Then the Moderatour pronounced, in name of the Assembly, these
Assemblies to be null, in these words:
The Assemblie heir declaires these Assemblies to be null—to have no
ecclesiastical nor civile authoritie; and consequentlie whosoever
practises any thing under pretence of their authoritie, shall be
censured.
Sess. 13.—5 Decʳ 1638.
After in calling on the name of God,
The Moderatour said—We have great reason to blesse the Lord for these
very cleare and sensible demonstrations of his presence amongs us, both
in veritie and unitie, as we did sensiblie find yesterday. There is
none of us that hes now assented to the declaration of the nullitie of
these Assemblies, but they can gather such ane appendix as this, That
since these Assemblies ar null, no oath that were taken of any Minister
shall have any further obligation; and if these pretendit Assemblies
had no pretext of ane Assembly, and the rest that wer pretendit to be
Assemblies, are declaired to be null: and this was ane great pairt
of that intolerable tyrannie and yoke that was upon the neck of this
Church; and since all these things are now in effect dischargit and
declaired to be null that were concludit in these Assemblies, we ought
all to turne to our former practice, warrantable by lawfull Assemblies
and customes of this Church, and, no more to be acknowledgit, the power
of these null Assemblies. And sicklyke since Presbyteriall power was
tane away by these pretendit Assemblies, their power is now returned
againe; and therefore let all of us use it when we goe hame.
Mr David Dick said—I desyre that that may be insert in the bookes
of the Assembly; and becaus that some Ministers are admitted be
Presbitries, wham the Bishops refused to admitt, it wer good it wer
ratified in the Assembly.
The Moderatour said—That which they have done in Presbitries, according
to Presbyteriall order, cannot be null.
Lowdoun said—The corrupt Assemblies, which are now declaired to be
null, was a impediment to the positive grounds and the government
of the Kirk, and therefore these considerations that are propounded
heir, tho’ they follow _ex consequentia_, divers [deserves] to have a
severall act by themsellf.
Moderatour said—I think it necessar that all bands and yockes be
tane off this Kirk, that all that are of the Ministry may find and
acknowledge their libertie; but let thir things be referred to the
hinder end of the Assembly.
Then was there some witnesses sworne for information according to their
knowledge concerning the Bishops of Galloway and Brechin, namely Mr
Hugh Huchesone, Andrew Agnew, James Agnew, Allan M‘Gill, Mr George
Home, Mr John Weymes, Mr Lawrence Kinnier, Mr Mathew Weymes, Mr Alexʳ
Wedderburne.
Then there was a proces produced against Mr George Hanna and the
Minister of Dirleton which are referred to the Commission at Edinʳ.
After this there was a proces produced against Doctor Hamiltoun, and
the executions produced; and the officer reported that when he summoned
him, he bad him hang himself—he was not a treatour to compeir before
rebells; and that he was ane honester man nor any that sat at Assembly.
Then he was called on, and ane day assigned for the witnesses.
Then Mr Wilkle, Henry Stirling, Sir Robert Boyd of Bonschaw, Mr David
Elphingstoun, Mr Hendry Semple were sworne to declair what they knew
against Mr James Forsythe, Minister of Kilpatrick, to the Commissioner
for the Billes.
_Complaint against the Prelats._
Moderatour said—Now let us goe on in the great complaint against the
Prelats; and if there be any thing done in it, let it be accuratelie
and orderlie; and that it may be upon some sure grounds, for our
proceedings will be strichted to the uttermost.
Yoe know there was two sorts of accusationes given in against them. The
ane was generall, and that was the breach of the Caveats that was put
upon them to keepe them. The Moderatour said—The uther was particular
faults against them. Let us first examine the generall, and be very
exact in it becaus the examination of ane is a rule of the rest.
There was the Complaint against the Bishop of Sᵗ Androwes red, and
it was found that he had sworne the Caveats at his admission to the
Bishoprick of Glasgow, bot he had not subscryved as the first Caveats
requyres.
Mr John Livingstone said—That his father declaired to him that he was
present at the Bishops admission, and heard him swear; and a little
thereafter he went to Court, and, being reproved by King James for
swearing of the Caveats, he purchased a testificat from the Presbitrie
of Glasgow that he had not sworne and subscryved, quhilk was true,
being tane _conjunctim_; whereas he was adstricted to doe nothing
in Parliament to the prejudice of the libertie of the Kirk, but by
warrant from the Kirk. It was found that he had divers tymes voited
in Parliament to the prejudice of the Kirks libertie, but never had a
warrant from the Kirk, quhilk poynts wer notour to the whole Assembly,
and declaired by Rothes, Eglintoun, Lowdoun, Mr Robert Blair, Mr David
Dalgleische, Mr Joⁿ Grahame, Mr James Martine, and Mr James Sibbald, to
be most true.
Moderatour said—Since the Kirk of Scotland, who should have given him a
warrant, is heir, and declaires he had none from them; and, lykewayes,
since he compeires not to shaw his warrant, it is cleare he never had
any. It was also found that he had sett tacks, and sold patronages to
the prejudice of the Kirk; and diverse noblemen declaired that he had
sold patronages to them, and they said they tooke their pennyworthe of
him.
Lowdoun and the Laird of Blair, Provest [of] Dunbarton, and Mr George
Young, wer taken sworne to declaire to the Committie what they knew in
this particular.
Whereas the fyft Caution requires residence with their flocke, to
be present at their Presbitries, the Contrair was notour to all the
Assembly; and the Moderatour declaired that this 20 year he heard not 3
exercises in their Presbitrie.
The 6 and 7 Cautions were more manifest to the whole Assembly. The
breach of the 8 is evident by their declinatour, whereas they call
themselves “the Representative Kirk.”
Lowdoun declaired—That when our Petitions were framed and given in to
Counsell, the pretendit Bishop rejected it, becaus it bure, “in the
name of the Kirk and Clergie joyning with the Nobles, Gentlemen,” &c.
The Bishop of Sᵗ Androwes answered, “Whom call ye the Kirk? A number of
baggage Ministers, worthie to be banished; ye shall understand that we
are the Kirk.”
This James Cochrane witnessed also; and Mr James Bonar declaired that
in a Convention of Bishops at Leith, he heard them say these words:
“They say that they are the Kirk, but we are the Kirk, and it shall be
so; who will say the contrare?”
* * * * *
[_Process against John Crichtoun._]
Then there was a proces given in against Mr John Crichtoun, Minister
at Pasley, whilk was red. It contained many blasphemous poynts, both of
Arminianisme and Poperie—about 48—besyde his scandelous lyfe. Then the
roll was called, and the whole Assembly voited to his deprivation.
Then the Moderatour said—Though it be our parte to doe what the Lord
hes commanded us, we should doe it with griefs and compassion of
heart; for a just sentence may be pronounced with ane evill heart:
notwithstanding, we ought to have hope that the Lord will give him
repentance; but since ye have thought him worthie of deposition, In the
name of this Assembly, and in the name of Christ, our Lord, I depose
him from all function of the Ministrie, both in doctrine and use of
Sacraments, and declaires his place to be vacant.
* * * * *
Sess. 14.
[December 6, 1638.]
After prayer to God, there was some witnesses sworne to give their
information concerning the Complaint [against] the Prelats—as namelie,
Doctor Guild, Mr David Lindsey, Mr David Young, Mr Alexʳ Robertsone, Mr
Androw Strauchane, Mr John Rutherfuird, Mr Thomas Mitchell, Mr David
Forrest, Mr Wᵐ Menzies, Mr George Robertsone, Mr George MᶜGill, Mr
George Fleyming, Thomas Durhame, Mr George Muschet, Mr George Grahame,
and James Row, Archibald Campbell, Mr Robert Bruce; and becaus these
persones are witnesses, they cannot be judges, and therefore they
cannot sitt heir as voiters in that particular.
The Moderatour said—Ye know there was a Committie of some learned and
worthie brethren anent the Service Booke, Cannons, &c., and we trust
their labours shall have a large approbation of yow. Ye shall heare
some of them red unto yow, which we hope shall give great light unto
your mynds. Take head to them that you may be able, after the hearing
of them, to the voiting, that after the declaration of your mynd, ane
act may be drawen up such as beseemes the General Assemblie, and that
by the auctoritie of this Assembly, order may be given for printing a
Treatise which may be a guard for the posteritie to come against such
evills, and perhaps for uther Kirkes also; and albeit the laboures of
our worthie brethren take up some tyme in reading of them, I hope we
will not wearie, becaus there are many notable poyntes of heresie and
errour in these bookes; and since there hes beine great paines taken
by the authors of these bookes thir many yeares in frameing of them,
I hope ye shall find it a well bestowed day, to see the darknes and
errours of them discovered; and I am sure it will be more delectable
for us to heare thir thinges reading, nor to have bein reading these
Popishe bookes ourselves in our churches.
Then there was a large and learned Treatise red by these reverend
brethren that were in that Committie, descryving the Idolatrie and
Superstition of the Service book, the tyrannie and usurpation of the
Booke of Cannons and Ordination, and the unlawfulnes of the High
Commission, which gave great satisfaction to the whole Assembly.
* * * * *
_The Assemblies condemning the Service Booke and High Commission._