the Committie for Edʳ and Jedburgh, Mr Harie Rollock, declaired
that they found him to be deprived for drunkennes, actuall
and habituall—subscryving of the Declinatour of the last
Assemblie—remaining disobedient to the constitutions thereof—for
sacriledge; and, further, they found some pretendit answers to the
forsaid pointes processed against him: his maine answer to them,
in generall, was that the witnesses who had proved the same were
somewhat of kin to the Provest of Dundie, whom, he alleadged, was his
accuser. It was answered by the Moderatour, that the Provest did onlie
accuse him in name of the paroche, and, by that meanes, none might be
witnesses against him who were of kin to any of the paroche.
The Commissioner said—I am to plead for no vitious man; but I thinke it
would seeme too summar to approve his sentence presentlie; for I thinke
all this Assemblie hes not heard all these reasons of his red, nor if
they had, have they tyme to ponder them. I perceave all the processes
are of two natures—either for declyning of the last Assemblie, &c.,
or for personall faults. Now, these deserve diverse considerations,
and, I say, this is a certaine ground—that this Assemblie resolves
not to punische all alike, but that, according to the nature of their
faults, yee will show them favour, less or more. Now, if ye shall goe
on squairlie to approve all the reportes, I doe but onelie represent
to your considerations whither this be not to barre the doore, and tye
your owne hands from showing favour to these whom ye would show it
hereafter.
The Moderatour answered—We will not approve of any proceedings of the
Commissions, how lawfull soever, but with a reservation of justice
to them that will seeke a reduction, and of mercie to them that will
supplicat for favour.
The Commissioner asked—Before whom must they seeke a reduction of their
proces?
The Moderatour answered—Before a Commission from this Assemblie.
The Commissioner answered—If this Assembly shall not approve the
sentence of the former Commissions from the last Assemblie, and
the partie sentenced seeke a reduction of the proces before a new
Commission from this Assemblie, can he ever expect another answer?
But it is alreadie decyded before this Assembly, or, if they doe
otherwayes, they shall oppose the formalitie of this Assemblie.
Argyle answered—The Commissioners may doe legallie and formallie in
judgment, according to the probation of the witnesses, and yet the
pairtie may thereafter improve[235] the deposition of the witnesses;
and soe he may get favour either when he improves that is done, or upon
his repentance.
Rothes sayes—It stands verie weill with formalitie to say the sentence
was justlie pronounced upon that that was proven at that tyme,
_secundum allegata probata_; as, for example, they declyned their
Mother Kirk at that tyme; and what could the Kirk doe lesse than depose
them from it now?—They having rectified their judgement, they recall
the sentence, and recommends the men to your Grace to be provydit at
the first occasion; and soe there is a cleare distinction. The Lords
of Session may reduce their owne decreits, the pairtie compeirand
who before was absent, and impugning the probation. As for these
who have done nothing but declyned the last Assemblie, upon their
acknowledgement of their error, and supplicating for favour, are
presently put out of controversie, your Grace shall get satisfaction;
for the Assembly shall presentlie declair them capable of a ministrie;
but for others who hes beene procest for personall faults, and neither
compeiring themselves, nor no procurator for them, but all proven,
I remit to the judgement of the Assemblie, whether or not they,
compeiring before ane other Commission impugning the processes, saying
the witnesses wronged them, and using legal objections, the Commission
from this may repone the sentence, and make it null? But I thinke if
they have been able to doe this, they should have offered before this
Assembly.
The Commissioner said—They choosed rather the way of humble
supplicating, becaus they conceaved it most satisfactorie to the
Assemblie; and I trust the Assemblie shall not take advantage by that
to proceed the more strictlie against them; but, if they heare of
this, I thinke some of them shall mene their supplications against the
afternoone.
Argyle said—I shall represent to the Assemblie this mids. Let the
Assemblie approve the diligence of the former Commission, and remit
further consideration of the proces to a Commission from this Assemblie.
Lowdoun said—It would be considered that there are two parties interest
in this question: first, there is the Commissioners who had the charge
of the former Commissions and ar now makeing their reportes for their
exoneration; 2ᵈˡⁱᵉ, There is the pairties now supplicants, and they
are either such as upon their penitence or acknowledgement of their
errours, and upon their ignorance of the Constitutions of the Kirk,
doth merite favour; or they are such as complaines informalitie in
their proces, and so seekes to have them reduced and annulled. Now the
ane pairtie—to witt, the Commissioners, seekes to be exonered. The
uther pairtie supplicants, seekes, that they may not be so exponed as
they be stoped from being heard hereafter. Your Grace objects how that
can be reduced, which, after it is deduced, is approven here? If it
lyke your Grace, verie easilie. The Assemblie doth approve that they
have done, _secundum allegata probata_; and yet this approbation may be
given with this qualitie, that it be without prejudice to uthers to be
heard, and to reduce their sentences before the Commission, and grants
Commission for that effect. This being a parte of the Act, it keepes
the mater inteere for reduction. Now, tell me if any pairtie be wronged
by this?
Argyle said—I hope your Grace, by urging of this Assemblie not to
approve the sentences of the Commission from the last, doth not
intend to make us doe any thing which may import our passing from
our Assemblie at Glasgow, which we will never doe. Whilst we breath,
we cannot thinke this; for some of them are approven alreadie. It
is lykewise a great mistake to thinke that [by] our craving of the
bringing in of reportes, we seeke ane approbation of the last Assemblie.
The Commissioner answered—Your Lordship speakes to verie good purpose.
I intend no such thing; but onlie I declair what is done in this I will
assent unto it as ane Act of this Assemblie.
The Moderatour said—Please your Grace, I have bein drawen up the forme
of the Assemblies approbation of these sentences, which I hope shall
both give satisfaction to your Grace and to the Assembly:—
“The Assembly, after the receaving of the Reportes from the Committies,
approves their proceedings; without prejudice of any favour that can
be shewed to any pairties, upon their supplications, or of justice to
such as complaines of their proces, and offers to impugne the same, by
whatsover reasone, competent by the laws of this Kirk and Kingdome:
Lykeas the Assemblie doth grant Commission to that effect.”
After much agitation, this forme was agried upon.
The next Report was of Mr Robert Rollock, who was found, by the
Committie, to be deprived for non-residence for 3 yeares; 2ᵈ For
neglect of his charge while he was with it; thirdlie, for maintaining
the universalitie of Christs merits, and the falling away of the Saints.
The said Mr Robert compeirand, and being demandit what he had to answer
for himself, alleadged that the witnesses who deponed these thinges
were ignorant men; 2ᵈˡⁱᵉ, That he did not in preaching, but in privat,
affirme the forsaids pointes. The Committie finds his proces clearlie
deduced, and sufficientlie proven.
The Assemblie approve the Sentence, with the forsaid reservation.
The Committies were ordained to have their Reportes readie written
against afternoone.
To meit at 3 a clocke.
Sess. 18.—_Hora tertia_ in the afternoone.
After prayer, the Moderatour called for the rest of the Reportes.
The Moderatour of the Committie, Mr Hary Rollock, answered—There is
Mr James Hannay and Mr Alexʳ Thomsone. We find they were deposed at
ane Committie joyntlie for reading the Service Booke and subscryving
the Declinatour, and the Committie finds that it was verie formallie
deduced.
Mr Wᵐ Ogstane, sometyme Minister at Colingtoune, was deposed for
deserting of his flocke—causeing his people (after a superstitious way)
sitt on their knees when he examined them—medling with the poore folkes
box, &c.
Mr George Maxwell, Minister at Dumbar, for foule errours in his
doctrine, as his proces at length beares—for medling with the poore
folkes box, hard usage of his flocke and paroche, &c.
Mr George Sydserfe, at Colberspeth, for contemning his Presbytrie,
preaching after his deposition, &c.
Mr Wᵐ Whishart his proces is so lang, that it is a volume—onlie we have
drawen up his dittay in these thrie generalls—in his doctrine, life,
and discipline. I remember of ane particular of his doctrine, proven be
all his paroche, preaching upon Genesis, how Isaak desired his wife to
say she was his sister. He gave a marke. “If God (said he) had punished
the father, the Sone had never fallen in the like fault”—common
drunkenes, notour, &c.
Mr John Watsone, in the Canongait, for deserting his flocke, contemning
his Presbitrie, and declyning the Generall Assembly. All these
Processes the Committie finds to be formallie deduced and sufficientlie
proven.
Mr Francis Harvie, of Zeattam, was deposed for contempt of his
Presbytrie—for setting up of ane altar and raill—for declyning of the
Assemblie—for a cruell act of his hands in stryking of a man that
within short tyme thereafter he died—ane of the most notorious raillers
against worthie Noblemen that ever was heard tell of.
Lastlie, Mr Patrick Lindsey his proces is very fearfull, for its all
grosse Poperie and Arminianisme—yea, there is not a poynt of Arminian
doctrine or Poperie but he hes mentained it in the grossest way. We
find all these orderlie deduced.
The next Committie for Kirkcaldie, Dundie, Sᵗ Androwes, was called
upon to give in their reportes. Mr Robert Douglas, Moderatour of that
Committie, answered—We found all the processes that have come before
us formallie deduced, viz., Mr John __________, Reader, Vicar, and
Procurator of the Kirk of Dundie, was deposed becaus he tooke upon him
the office of a preaching Presbyter without a flocke; 2ᵈˡⁱᵉ, He did
contemptuously disobey the Constitutions of the last Assemblie; 3ᵈˡⁱᵉ,
He did not onlie refuse the reading of the Confession of Faith, but
mocking, called it the Jewall of Four. He absented his charge often 4
weekes togither. Mr Wᵐ Wischart, Minister at Sᵗ Andrewes, was deposed
by that Presbitrie, and their assessours adjoyned to them, be the last
Assemblie, for deserting of the flocke for the space of 18 moneths
together.
Doctor Panter, of the New Colledge of Sᵗ Androwes, for his erroneous
doctrine taught to his schollars, found in his Note Bookes, at large
exprest in his proces.
Mr Hary Scrymgeor, for his fornication confest, &c.: first, for not
catechising his people for the space of 12 yeares; 2ˡⁱᵉ, Becaus he
affirmed the Nobles were taking the crowne off the Kings head to sett
on their owne; 3ˡⁱᵉ, For calling the Covenant a black Covenant; 4ˡⁱᵉ,
For disobeying the Presbitrie; 5, For obtrudeing his Sone to preache
and administrat the Sacraments, not being called thereto.
Mr Androw Learmonth, for calling all the Covenanters perjured—declyning
his Presbitrie and the Generall Assembly—refuseing to intimat the
Bishops sentence. He gave in a Supplication this morning to the
Committie, and tooke it up againe and promised to correct some faults
in it, and bring it in againe the afternoone, but hes not keeped his
promise. These we find all formallie deduced.
The third Committie of Irwing and Kirkcudbright called. Mr Mathow
Brisbane, Moderatour thereof, said—We find Mr James Hutchisone hes
beine deposed not only for declyning of the Assembly but for sundrie
other grosse enormities—profanation of the Sabbeth, drunkennes,
strykeing of ane John Dougall as he was going into the pulpitt, and
sundrie other pointes.
Mr James Stewart, for declyning the Assembly—non-residence the space
of six Sabbeths together—imprecations out of the pulpitt against his
paroche.
Mr Thomas __________, of Cameray, for grosse drunkennes, profanation of
the Sabbeth, ordinary swearing, oppression, strycking, &c., not only
proven but confessed by his hand writting.
Mr George Buchannan, of Kirkcudbright, for declyning the Assembly
and continowing in his contumacie, refuseing to compeir before the
Commission. The said Mr George compeiring before the Assemblie, which
was delayed till the morn. The Committie finds all clearlie deduced.
The Assemblie approves the sentence against him, with the foresaid
reservation.
The Supplication of the Universitie of Glasgow for the increase of
their provision and number of their Professours, which they craved
might be recommended to the ensuing Parliament. Delayed till farder
advysement.
The Supplication of the Burgh of Glasgow for the transportation of Mr
Robert Baillie from Irwing [Kilwinning] to Glasgow delayed till the
morne, that all parties who had interes might prepair their reasons in
writt.
The Committee appoynted for trying of the Booke of Assembly which was
newlie come to the Clerks hand, gave in their Reports:—That they fand
the Booke to be authentick, and the reasons thereof subscryved with
their hands. The whole Assembly, in ane voice, did approve the said
Booke as ane authentick register, and ordained the same to have faith
in judgment, and outwith, in all tyme comeing. The Commissioners Grace
desired the reasons of the validitie thereof might be insert in the
Booke of the Assembly.
A Supplication from Mr Thomas Tullidaff, minister at Foverane, a man
of 98 yeares, having bein a minister 57 yeares; that whereas he had
demitted his place in favours of Mr John Patersone for the soume of 400
merkes a-yeare, and having no better securitie but the said Mr Johns
simple bond, who may be transported or suspendit, &c., and so the old
man prejudged, therefore did supplicat for ane Act of the Assembly in
his favours, that he might be secured of the forsaid soume during his
life; to the which the Assemblie willinglie condiscendit.
A Bill from the Boundes benorth Tay, desireing a Commission may be
directed from this Assemblie for rectifying of many abuses there, and
for planting of the vacant Kirks, such as Elgine, Innernes, Chanrie:
this Bill, at the desire of the Commissioners Grace, delayed till the
morrow.
The Supplication of the Toune of Edʳ for planting of their Churches
with a lite of such as they had their eyes upon, viz., Mr David
Dicksone, Minister at Irwing, present Moderatour; Mr Andro Cant at
Newbottle; Mr James Hamilton at Dumfries—becaus of contestations like
to arise, delayed till the morne.
The Baronie Kirk of Glasgow, of 11,000 communicants, discerned to
be a distinct paroche, upon a Supplication presented be Mr Zacharie
Boyd. Mr John Row, Mr John Ker, who were appoynted to take notice of
Doctor Eliots case, reported that they thought him to be a humble and
modest man, penitent for any thing he hes done, and submissive to the
Constitutions of the Kirk. The Assembly declaires him to be capable of
the Ministrie, and to be provydit at the first occasion.
The Committie for viewing of the Declaration appoynted to meit in the
Assembly House tomorrow at six houres.
The Assemblie to meit at 11 houres, and to have but ane Session
tomorrow.
* * * * *
Sess. 19.—_Hora undecimo._ August 27.
After prayer, the rest of the Reportes being called on, the Moderatour
of the Committie fand that Mr Robert Murray was deposed by the
Commission of Kirkcudbright for oppression, drunkenness, railing,
selling the Sacraments, sacriledge, bryberie, &c., instanced in many
particulars and clearlie proven.
Mr James Scott was deposed for his absence from his flocke 8 Sabboths
together, sacrialedge, intromitting with penalties and contributions,
disobedience to the Presbytrie, tableing, converseing with excommunicat
Papists, and declyning the Generall Assemblie.
Mr Patrick Adamsone was deposed for his insufficiencie for the
Ministrie, proven by the testimonie of his brethren, frequent
drunkennes on the Sabboth, and dancing in his drunkennes, and
disobedience of the Presbitrie.
Mr Robᵗ MᶜClellane deposed for his insufficiencie, intemperat drinking,
and disobedience to the Presbitrie; all which processes the Committie
finds formallie deduced and clearlie proven.
The Assemblie approves their sentences without prejudice of justice or
mercie, upon the Supplication of some or reduction of the processes of
others.
Mr David Fletcher, compeering personallie, declaired that he was
penitent and greeved in soule for these two errors, in reading the
Service Booke, and declyning of the Assemblie; and, therefore, in all
humilitie, desired to be receaved in favour with the Assemblie, and
declaired to be capable and worthie of the Ministrie, and submitted
his life and conversion to the censure of the Ministrie of Edinʳ,
who declaired that his life and doctrine was both unblameable. The
Assemblie found it expedient that he should be restoired to the
Ministrie, and to a particular flocke, as he gets ane orderlie calling.
A Supplication of the province of Aberdeine upon the cruell oppression
and persecution of the enemies of this Church and Kingdome, daylie
lying in wait for their lyves, so that Ministers were forced to retier
themselves, and not to come to their flockes, recommended most humbly
and earnestlie to the Parliament.
Mr John Lindsey at Carstaires, compeering personallie, presented a
Supplication to the Assemblie, acknowledging his forward following
the course of conformitie, craved pardon of the Assemblie, and sought
re-entrie to the Ministrie, in respect it was the humble petition of
his parochiners to have him restoired to them againe, and promised
obedience to the Constitutions of the Assembly. The brethren of his
Presbytrie testified that he was a violent prosecutor of the course of
conformitie, and urging his people thereto; that he was contumacious,
disobedient to his Presbytrie, railer against his brethren, and hes
declyned their judgment and the Assembly both; that he would not come
to the Synod where he was cited, alleadging his want of health and
strength, but anon, thereafter, found health and strength to goe into
the English army.
After much agitation to and fro, the Commissioners Grace pleading
for him, and his owne brethren testifying against him, the Assembly
ordained these persones following, to conferre and try the soundnes
of his repentance and his judgement in doctrinall poyntes: Mr Alexʳ
Somervell, Richard Inglis, George Young, Mathow Brisbane, Andro Ramsay,
Robert Douglas, Hary Rollock, Andro Cant.
Mr James Hamilton, who hes beene these 52 yeares actuall Minister,
being deposed for declyning of the Assemblie; upon his humble
Supplication and Confession, declaired capable of the Ministrie.
Mr John Hamilton of Dalserff, his Supplication delayed till the morne.
Mr Wᵐ Ogstounes referred to the Commission that was to be appointed.
The Commissioners Grace presented a paper in name of Mr Robert
Hamiltoun of Lesmahagow, wherein there was not the least word of his
repentance or submission, but rather a maintaining of his errours,
especiallie Arminianisme, and in substance a declyning of this
Assemblie.
The Moderatour desired Mr John Adamsone, Mr James Bonar, Mr John Row,
Mr Andro Cant, to give their judgement of this man. They all in ane
voice declaired he was worthie of excomunication in this Assemblie;
nevertheless, the Assemblie, to show their moderation and willingness
to gaine the man from his errours, did appoynt Mr Samuell Rutherford
and Mr Robert Baillie to conferre with him and report against the morne.
Upon occasion of the erroneous doctrine defended by these Ministers,
there was a motion made by Mr Alexʳ Hendersone, That it was expedient
that there were a positive confession drawen up, and these errours
related therein and expresslie condemned by the Church, and the
doctrine of the Church of Scotland cleared, that none heirafter pretend
ignorance of them, and that this grave worke were recommended to such
and such men; the which motion the whole Assemblie did applaud.
Sir Robert Edwards Supplication referred back to the Presbitrie.
The Supplication of the Presbitrie of Skye, not being joyned to any
provinciall, and of the parochiners of the North Isles, for erection of
ane provinciall amongst them, delayed till all the interest be heard.
The Bill for the change of the Presbitrie seat of Mewres, referred back
to the Presbitrie.
Sir Alexʳ Carnegie of Bonnymoone having built a Church upon his oune
expenses, did supplicat that it might be decerned to be a distinct
paroche.
As lykewayes a Supplication of Duncan Campbell of Glenlyon to the same
effect, referred to the Parliament.
Mr James Scotts Supplication referred to the Commission.
Walter Macaulay, of Ardincaple, his Supplication for the distinguish
of two paroches lying promiscuouslie through other, referred to the
Presbitrie of Dumbarton.
The Supplication of the Chanrie of Ross referred to the Parliament.
Mr James Sandilands, canonist, his Supplication being againe presented
to the Assemblie, and many pressing arguments why the ffacultie could
not be abolished, used by the said Mr James, which gave great light
to the Assemblie, the Assemblie appoynted Mʳˢ John Adamsone, David
Lindsey, James Bonar, Doctor Strang, to consider of it till the morrow,
and then to give their best overtures in writt.
The Supplication of Mʳˢ Alexander Schrogie, William Leslie, ___________
Lindsey, referred to the Commission.
The Supplication of Alexʳ Gordoun, of Knockgray, in name of the
Parochiners of Carffairne, for a contribution for a stipend to the said
Kirk built be the said Paroche, according to the Act of the Assemblie
at Glasgow, Decʳ 16.
The Assembly recommends the same _de novo_ to the charitie of the
bounds then designed for that contribution.
Mr Alexʳ Callender, Minister at Denna, in Stertoun, a pendicle of
Falkirk, and supplicat that it might be established as a distinct Kirk,
referred to the Parliament.
The Parochiners of Ardinlach and Edenkillie being under ane ministrie,
and far distant, did supplicat for a disunion—_Fiat ut petitur_.
The Assemblie craves warrand of transportation to Mr Alexʳ Pearsone.
A Complaint of some of the Parochiners of Bathgait, upon their
Minister, for leaving of preaching in the ordinarie Kirk thereof,
and preaching in a Kirk new built, in a myle distant from it, not
commodious for holding the congregation, referred to the Synod.
The Committie for the Overtures being desired to report their
diligence, gave in these following—(_Hic decst._)
Earle of Eglintounes Supplication for erection of ane Kirk between
Beith and Lochunnoch, referred to the Commissions for the Parliament.
The 4 Committies for the deposed Ministers, appoynted to meit tomorrow,
at 7 a clocke, to try their repentance, and to hear their just
defences, and report to the Assembly.
* * * * *
Sessio 20.—August 28, Wednesday.
_The Assemblies Motion for authorizing the Covenant, by way of new
Swearing and Subscriving thereto by the whole Kingdome._
After in calling upon the name of God, the Moderatour said—Please your
Grace: The tyme now drawes schort; and your Grace, we trust, considers
that there are some weightie poyntes of greater consequence and moment
nor we have handlit, that are yet to be done, and this a speciall
ane. We are longing to have your Grace with us in the Covenant, and
all others in the kingdome; that, as we are under ane religion and
kingdome, [we] may all be under ane Covenant and band. And this I
know, the whole Assemblie is longing for it.