A
faithfull
Report
of
proceedings
anent
the
Assemblie
of
Ministers
at
Abirdeen
vpon
Twesday
the
second
of
Iulij
1605.
ALthough
I
haue
been
in
England
many
yeeres
,
yet
I
cannot
but
be
moved
with
the
grievous
traducing
of
faithfull
Ministers
in
Scotland
,
which
I
heare
euery
day
as
I
haue
occasion
to
meet
with
men
either
addicted
(
more
or
lesse
)
to
Papistrie
,
or
vtterly
ignorant
of
Scottis-affairs
.
Traducing
,
I
saye
,
sic
Ministers
as
if
they
were
indeed
guiltie
of
high
treason
.
A
lively
member
of
the
Kirk
cannot
but
be
sensible
of
the
troubles
thereof
,
in
what
part
of
the
world
so
euer
he
be
:
How
then
can
I
be
vnmoued
to
heare
sic
things
of
the
principal
members
of
the
Kirk
in
Scotland
,
so
neare
and
deare
not
only
to
Scottis-mē
,
but
to
English-men
too
,
if
they
be
truely
religious
?
For
doeth
not
euery
wise-hearted
Christian
evidently
perceiue
,
that
(
among
other
Stratagemes
of
this
declining
age
)
Satan
would
blemish
the
gospell
and
vnderminde
the
Kirk
,
through
the
sides
of
those
faithfull
Ministers
.
I
haue
thought
it
therefore
very
necessarie
to
collect
and
set
donn
this
faithfull
Report
,
hoping
that
th'
indifferent
Reader
will
suspend
his
iudgement
,
till
Trueth
(
Times
daughter
)
be
fit
to
shew
her selfe
in
publict
.
I
confute
no
obiections
,
because
I
would
not
offend
:
and
besides
Rectum
est
index
sui
&
obliqui
.
Lastly
I
call
this
Report
faithfull
,
because
I
haue
faithfullie
collected
the
same
out
of
faithfull
intelligences
sent
out
of
Scotlande
from
faithfull
Brethren
;
and
not
because
I
can
ovow
(
though
I
beleeve
)
everie
part
thereof
to
be
vndoubtedly
true
.
And
therefore
pray
with
protestation
that
this
Report
be
not
preiudiciall
to
a
more
evident
truth
,
which
hereafter
may
bee
published
by
authoritie
;
or
by
the
Ministrie
.
In
the
Generall
Assembly
at
Halyrudehous
,
in
November
1602.
the
Brethren
consented
to
his
Ma:
that
the
next
Assemblie
sould
be
at
Abirdeen
the
last
Twesday
of
Iuly
1604.
and
not
before
(
Notwithstanding
it
was
then
and
there
ordained
with
his
Ma.
consent
,
that
the
diets
of
Assemblies
be
appointed
,
and
kept
precisely
euerie
yeere
according
to
an
act
of
Parliament
1592
)
Respecting
his
Ma.
pleasure
so
much
,
as
that
they
did
not
duly
consider
how
preiudiciall
it
might
proove
to
the
libertie
of
the
●●rk
,
to
transgresse
the
said
Actes
of
Parliament
,
and
Generall
Assembly
,
in
not
holding
with
all
constancie
the
Generall
Assembly
Once
(
at
least
)
euery
yeere
.
That
their
exceeding
regard
of
his
Ma:
pleasure
may
ȝit
more
appeare
,
it
is
not
to
be
forgotten
,
that
the
Presbyteries
yeelded
to
a
Letter
dated
at
Perth
4.
Iuly
1604.
and
subscribed
be
the
Laird
of
Lowreston
the
Kings
Commissioner
,
Maister
Patrik
Galloway
,
Moderator
of
the
said
Assemblie
at
Holyrudehous
and
Maister
Richard
Thomeson
,
Clerk
to
the
Commissioners
,
in
name
of
the
Commissioners
of
the
Generall
Assembly
:
Whereby
they
were
certified
that
it
was
his
Maiesties
pleasure
that
the
Assembly
sould
be
continued
to
the
First
Twesday
of
Iuly
1605.
if
advertisement
came
not
sooner
.
And
this
they
did
,
notwithstanding
an
Act
of
the
Assembly
at
Holyrudehous
,
whereby
all
power
was
taken
from
the
Commissioners
of
the
Generall
Assembly
,
to
make
any
alteration
,
drift
or
delay
of
the
diet
of
the
Generall
Assembly
:
Which
act
was
made
with
his
Maiesties
consent
,
to
remooue
a
iust
conceyued
grief
of
the
Kirk
.
The
Generall
Assembly
being
so
mani-yeeres
deferred
,
open
scandalls
so
multiplied
,
and
the
rather
because
inferior
Iudicatories
were
contemned
by
the
chiefest
malefactors
,
who
did
elude
,
and
escape
their
censures
by
appellation
to
a
Generall
Assembly
,
which
they
neuer
expected
;
and
Papists
grew
so
insolent
,
Iesuites
and
Seminarie
Priestes
travayling
securely
within
the
kingdome
,
That
of
necessitie
many
Synodes
and
Presbyteries
vsed
many
meanes
and
Mediators
,
yea
many
Commissioners
from
many
Provinces
,
convening
at
Saint
Iohnstone
in
October
1604.
made
(
with
consent
of
his
Maiesties
Commissioner
)
a
Supplication
to
his
Maiestie
,
for
hasting
the
General
Assembly
;
But
all
to
no
great
purpose
.
For
not
long
before
the
vttermost
day
of
Assembly
were
letters
dated
at
Edingburgh
,
subscribed
as
those
from
Perth
,
and
directed
to
the
Presbyteries
,
advising
them
not
to
keepe
the
fifth
day
of
Iulij
:
Which
error
of
naming
the
fifth
day
for
the
First
Twesday
,
which
was
the
second
day
of
Iuli
directly
appointed
in
the
said
letters
from
Perth
,
whether
it
were
of
purpose
or
no
,
it
is
not
certen
.
But
so
it
was
that
the
Commissioners
of
some
Presbyteries
by
reason
therof
came
not
to
Abirdeen
till
the
4.
and
5.
dayes
of
Iuli
,
and
some
not
at
all
.
The
causes
mooving
the
Presbyteries
to
send
their
Commissioners
(
these
letters
notwithstanding
)
were
these
.
1.
They
came
too
late
.
2.
They
were
not
with
command
,
but
by
way
of
advice
.
3.
By
the
said
Act
at
Halyrudehous
,
the
power
of
altering
or
delaying
the
Diet
of
Assemblies
was
taken
from
the
Commissioners
of
the
Generall
Assemblie
.
4
No
other
day
and
place
were
appointed
.
5.
The
danger
of
the
forfalting
the
libertie
of
the
Kirk
,
and
6.
The
necessitie
of
an
Assemblie
.
The
Ministers
who
convened
at
Abirdeen
the
second
of
Iuly
were
these
,
Maist.
Iohn
Forbes
,
Ma.
Iohn
Munro
,
Ma.
Andro
Duncan
,
Ma.
Alexander
Stranchen
,
Ma.
William
Forbes
,
Ma.
Robert
ʒoungson
,
Ma.
Iames
Irving
,
Ma.
Charles
Ferme
,
Ma.
Iohn
Sharp
,
Ma.
Robert
Durie
.
Ma.
Archibald
Blackburne
,
Ma.
Iames
Rosse
,
Ma.
Dauid
Rail
,
Ma.
Alexander
Strogie
,
M.
Iames
Mill
,
Ma.
David
Robertson
,
Ma.
William
Dauidson
,
Ma.
Robert
Reed
,
and
Iohn
Rough
,
in
all
19.
After
the
sermon
made
by
Ma.
Iames
Rosse
Minister
at
Abirdeen
,
the
Brethren
convened
in
the
Kirk
with
the
Laird
of
Lowreston
,
&
by
mutuall
consent
continued
their
donn
sitting
till
the
after
noone
in
expectation
of
mo
Brethren
hindred
in
their
iourney
,
as
was
supposed
,
by
iniurie
of
weather
.
At
twoo
houres
in
the
after
noone
they
mett
in
the
Session-house
,
within
the
Kirk
of
Abirdeen
,
and
after
incalling
on
the
name
of
God
by
Mai.
Dauid
Rout
Moderator
of
the
Synod
of
Abirdeen
,
in
place
of
M.
Pal.
Galloway
,
they
sent
for
the
ordinarie
Clerk
of
the
Assemblie
,
who
went
to
them
;
At
which
time
the
Laird
of
Lowreston
sitting
don
amongst
them
,
affirmed
:
That
though
he
might
charge
them
,
yet
he
would
rather
make
vse
of
a
missive
Letter
from
the
Lordes
of
the
secret
Councell
,
directed
to
the
Ministerie
in
their
Assembly
at
Abirdeen
,
which
he
desired
them
to
read
and
answer
.
But
vntill
a
Moderator
was
chosen
,
that
could
not
be
.
He
named
Maister
Iohn
Forbes
to
be
the
mouth
for
the
rest
;
But
perceiuing
that
the
Assembly
would
proceed
orderly
in
their
election
,
he
remooved
him selfe
of
his
owne
free
will
,
That
(
as
he
openly
declared
)
hee
might
eschew
to
be
quarelled
&
found
fault
with
,
for
seeming
to
approove
the
said
Election
by
his
presence
,
if
it
sould
fall
out
that
he
and
they
sould
not
agree
.
After
his
remooving
,
they
desired
Ma.
Thomas
Nicholsone
(
ordinarie
Clerke
to
the
Assembly
)
to
remaine
with
them
,
and
to
do
his
office
,
He
refused
til
he
sould
see
how
the
issue
of
their
doings
sould
content
the
Laird
of
Lowreston
,
and
so
(
but
first
desiring
and
obtayning
dispensation
for
his
absence
)
he
likewise
remooved
himselfe
.
The
Assembly
proceedes
,
&
having
put
in
lytes
Maister
Robert
Durie
,
Ma.
Iohn
Munro
,
and
Ma.
Iohn
Forbes
,
who
were
in
ele●●●on
,
with
generall
consent
choose
Mai.
Io●●
Forbes
Moderator
,
and
the
rather
,
because
they
were
willing
to
respect
the
Laird
of
Lowstones
nomination
;
and
after
prayer
made
by
the
new
Moderator
,
they
did
choose
M.
Iohn
Sharp
Clerk
for
that
time
.
After
this
election
the
Letter
missiue
was
read
,
and
the
iudgement
of
the
Assemblie
craved
.
The
letter
consisted
of
two
pointes
;
first
that
the
Assembly
sould
be
presently
dissolved
;
and
secondly
,
that
no
new
diet
sould
be
appointed
till
his
Maiestie
were
acquainted
therewith
.
And
yet
it
was
agreed
betweene
the
Lord
Chancellor
and
Mai.
Iohn
Forbes
in
Edinburgh
before
the
Ministers
met
in
their
Assembly
at
Abirdeen
,
that
the
Ministers
sould
meet
,
and
(
vpon
request
of
the
Councell
)
having
fenced
their
Assembly
,
continue
the
intreating
of
all
things
to
a
new
day
.
The
Assembly
yeelded
to
the
former
,
But
for
reasons
before
mentioned
,
thought
it
needfull
to
appoint
a
new
diet
,
if
the
Laird
of
Lowreston
would
not
,
but
if
he
would
they
agreed
to
consent
thereto
,
were
the
day
appointed
long
or
short
.
They
sent
&
desired
his
presence
.
The
Moderator
declared
to
him
the
iudgement
of
the
Assembly
,
&
he
approved
the
former
part
of
their
conclusion
,
but
refused
to
designe
any
time
long
or
short
,
Albeit
the
Assembly
assured
him
that
vpon
the
reverent
respect
they
had
to
satisfie
his
Ma.
desire
,
they
would
bee
als
readie
afterward
to
continue
to
a
certen
day
,
if
his
Ma.
sould
require
the
same
.
After
long
reasoning
was
brought
to
consider
the
necessitie
of
continuing
the
Assembly
to
a
certaine
time
:
and
the
rather
,
because
(
as
hee
him selfe
did
there
openly
report
)
it
was
thought
they
sould
never
haue
Assembly
againe
:
but
yet
would
not
agree
therevnto
,
because
(
as
he
affirmed
)
he
had
no
warrant
so
to
do
.
He
therefore
againe
did
voluntarily
remooue
him selfe
,
though
he
was
desired
to
stay
,
giving
the
second
time
the
same
cause
of
sic
remooving
him selfe
,
which
hee
gaue
before
.
Presently
after
,
The
intreating
of
the
affairs
of
the
Assembly
were
continued
to
the
〈◊〉
Twesday
of
September
then
next
following
a
Abirdeen
;
&
intimation
ordained
to
be
made
in
all
Presbyteries
according
to
the
order
&
custome
observed
in
sic
cases
.
Which
being
done
,
&
the
Assembly
readie
to
dissolue
,
the
Laird
of
Lawreston
returned
of
him selfe
(
for
the
doores
were
neuer
shut
)
and
protested
that
he
did
not
acknowledge
their
meeting
for
a
lawfull
Assemblie
from
the
beginning
;
Because
of
the
absence
of
M.
Patrik
Galloway
,
Moderator
of
the
former
general
Assembly
;
&
of
the
ordinary
clerk
:
(
Here
it
is
to
be
noted
that
the
number
of
Ministers
assembled
,
was
not
then
excepted
against
.
)
To
the
protestation
the
Moderator
(
in
name
of
the
rest
)
answered
that
the
reasons
thereof
notwithstanding
,
it
behoved
the
Assembly
to
be
lawful
:
Because
of
the
warrant
.
1.
of
Gods
word
.
2.
Lawes
of
the
Realme
.
3.
continuall
practise
of
the
Kirk
,
since
the
yeere
of
our
Lord
1560.
But
most
clearly
set
donn
in
the
book
of
discipline
established
in
this
Lande
,
at
his
Ma.
owne
desire
publickly
made
to
the
General
Assembly
holden
at
Glasgo
,
1581.
where
n
the
7.
ca.
art.
3.
&
4.
it
is
thus
written
:
All
ecclesiasticall
Assemblies
haue
power
to
convene
together
for
treating
of
things
concerning
the
church
p
rtaining
to
their
charges
.
They
haue
power
to
appoint
times
and
places
to
that
effect
,
&
one
Assembly
to
appoint
diet
,
time
and
place
of
another
.
4.
The
subscription
and
oath
of
the
King
and
all
his
subiects
.
5.
The
said
letter
of
the
Commissioners
from
Perth
and.
6.
Presidents
in
the
Register
of
the
Assembly
of
choosing
a
new
Moderator
in
absence
of
the
old
,
and
a
clerke
for
the
time
in
place
of
th'
ordinarie
.
In
meane
time
the
Lord
of
Lowreston
caused
Iohn
Wisheart
messinger
to
charge
the
Assembly
with
letters
of
Horning
to
suffer
the
same
to
desert
,
and
gave
a
subscribed
copie
to
the
Moderator
in
name
of
the
Assembly
?
The
reasons
whereof
were
these
.
1.
That
his
Ma.
had
signified
that
he
could
not
be
resolved
anent
a
general
Assembly
till
the
Parliament
was
past
.
2.
That
this
Assembly
was
without
his
knowledge
&
consent
.
Therevnto
Obedience
was
given
instantly
,
the
Moderator
craving
a
certificat
of
the
same
vnder
the
hand
of
the
messinger
,
who
was
also
a
publike
Notarie
:
but
he
refusing
,
The
Ministers
after
the
dissolving
of
the
Assemblie
with
prayer
by
the
Moderator
,
went
presently
to
the
common
Clerkes
chamber
of
Abirdeen
,
&
tooke
instruments
of
their
obedience
to
the
said
charge
:
Which
was
t'honly
charge
that
ever
they
heard
of
first
or
last
by
publick
or
private
intimation
or
knowledge
whatsoever
,
as
they
protested
vpon
their
salvation
in
their
Apologie
send
afterward
to
his
Maiestie
.
Of
this
charge
no
mention
was
made
to
the
Lords
of
the
secret
Councel
,
but
another
was
alleadged
to
haue
ben
giuen
by
vertue
of
the
same
letters
on
Monday
the
first
of
Iuly
by
open
proclamation
at
the
mercat
crosse
of
Abirdeen
.
Whereas
(
in
trueth
)
there
was
no
sic
thing
don
.
For
then
the
Laird
of
Lowreston
would
haue
intimated
the
same
,
when
he
delivered
the
said
letter
missiue
,
&
not
haue
said
that
he
might
haue
charged
them
,
if
he
would
.
Againe
,
it
can
be
proved
that
from
the
first
comming
of
the
Laird
of
Lowreston
and
his
servants
into
Abirdeen
to
eight
houres
in
the
night
,
there
were
continually
about
the
mercat
crosse
,
walking
sundrie
honest
men
,
who
heard
of
no
sic
matter
.
Moreouer
,
if
the
indorsement
of
the
said
supposed
charge
were
true
,
to
wit
,
that
it
was
executed
before
.
2.
witnesses
,
both
servantes
to
the
Laird
of
Lowreston
,
betweene
7.
and
8.
houres
at
night
,
yet
it
was
to
no
purpose
.
Because
it
was
not
executed
in
the
morning
betweene
eight
and
12.
houre
at
noone
,
before
famous
witnesses
according
to
an
act
of
Parleament
1587.
Vpon
Thursday
and
Friday
following
〈◊〉
reason
of
the
error
of
the
Commissioners
Letter
aforesaid
,
came
to
Abirdeen
Mai.
Iohn
Welsh
,
Mai.
Nathaniel
Inglis
,
Ma.
Iames
Greig
,
Ma.
Iohn
ʒoung
,
Ma.
Thomas
Abirnethie
,
Ma.
Archibald
Symson
,
Ma.
Nathaniel
Harlaw
,
M.
Abraham
Henderson
,
and
Iohn
Rosse
:
who
finding
the
Assembly
dissolved
,
and
having
received
a
subscribed
copie
of
the
proceedings
thereof
,
went
to
the
place
where
the
Assembly
was
holden
,
and
for
the
discharge
of
their
Commission
,
tooke
instruments
vnder
the
handes
of
two
Notaries
,
that
they
were
come
to
haue
kept
the
said
Assembly
and
that
they
did
ratifie
all
the
proceedings
thereof
,
in
their
own
names
,
&
in
the
names
of
the
Presbyteries
who
sent
them
.
After
which
proceedings
,
the
24.
of
Iuli
,
Mai.
Iohn
Forbes
being
in
Edinburgh
of
purpose
to
satisfie
the
Lords
of
Councell
anent
the
alleadged
disobedience
to
his
Maiesties
charge
,
was
send
for
by
the
Councell
to
speak
with
them
who
were
convened
,
consisting
of
6.
Lords
and
7.
or
8.
of
the
late
Bishops
,
&
Commissioners
of
the
Generall
Assemblie
(
a
noveltie
not
heard
of
before
in
Scotland
)
and
was
commanded
to
warde
in
the
Castle
of
Edinburgh
,
because
he
would
not
condemne
the
Assembly
at
Abirdeen
by
his
private
iudgement
,
albeit
he
submitted
him self
and
proceedings
thereat
to
the
General
Assemblie
.
Maister
Iohn
Welsh
being
also
in
Edinburgh
,
was
charged
by
a
Messinger
to
compeir
before
the
Councell
the
next
day
following
;
who
compeiring
&
refusing
to
giue
his
oath
,
as
he
tooke
it
super
inquirendis
,
albeit
he
offered
it
vpon
the
knowledge
of
the
particular
interrogatories
,
was
likewise
warded
in
the
Tolbnith
till
eleaven
houres
,
at
which
time
both
he
and
Mai.
Iohn
Forbes
were
transported
to
Blacknes
.
The
second
of
August
Ma.
Robert
Durie
,
Ma.
Andro
Duncan
,
Ma.
Alexander
Stranchen
,
and
Ma.
Iohn
Sharp
,
being
summoned
,
compeired
before
the
Councell
,
and
with
them
M.
Iohn
Welsh
,
who
was
brought
from
Blacknes
vpon
his
offer
to
giue
his
Oath
vpon
the
pointes
of
his
summonds
,
and
were
all
committed
to
prison
in
Blacknes
,
for
the
same
cause
for
which
Ma.
Iohn
Forbes
was
imprisoned
.
The
third
of
October
other
14.
of
those
,
who
had
been
either
the
2.
or
5.
day
of
Iuly
in
Abirdeen
,
being
cited
before
the
Councell
7.
of
them
,
because
they
doubted
of
the
lawfulnes
of
the
Assembly
,
til
it
were
discussed
in
a
free
Generall
Assembly
,
were
remitted
home
;
and
other
7.
were
warded
for
the
same
cause
,
for
which
the
rest
were
imprisoned
before
.
To
wit
,
Mai.
Charles
Ferme
,
and
Ma.
Iohn
Munro
were
warded
in
the
Castle
of
Dorone
,
M.
Nathaniel
Inglis
,
&
M.
Iames
Greig
,
in
the
castle
of
Dumbertome
,
M.
Iames
Irving
,
Ma.
William
Forbes
and
Iohn
Rosse
in
the
castle
of
Stirling
.
The
rest
who
were
at
Abirdeen
the
2.
and
5.
of
Iuly
were
not
summoned
,
and
so
spared
by
the
providence
of
God
.
After
sundrie
Supplications
,
the
saide
13.
imprisoned
Ministers
wrote
reasons
to
proove
the
Summonds
from
the
secret
Councell
,
and
proceedings
before
them
to
be
preiudiciall
to
the
authorised
discipline
of
the
Kirke
,
and
contrarie
to
the
laudable
order
observed
in
the
Realme
.
And
most
humbly
besought
their
Lo:
in
the
name
of
the
Lord
Iesus
Christ
,
who
shall
iudge
the
quick
and
the
dead
,
to
remit
their
cause
and
trial
thereof
to
the
Generall
Assembly
as
only
iudge
competent
thereto
:
as
also
to
dimit
them
in
peace
that
they
might
attende
on
their
callings
.
Which
Supplications
not
regarded
,
they
gaue
to
the
Lords
a
Declinator
subscribed
by
them
al
the
said
24.
of
October
.
Wherby
they
did
appeale
,
as
it
were
,
from
the
King
and
the
Councell
,
to
the
K.
and
General
Assembly
:
yet
so
that
they
did
alwaies
acknowledge
themselues
bounde
to
submit
to
the
Councels
iudgement
,
in
any
matter
wherein
any
other
subiect
was
bound
to
submit
.
And
howsoever
they
referred
the
answering
of
theticall
Interrogatories
to
the
Generall
Assembly
,
yet
to
cleare
themselues
of
crimes
obiected
,
they
answered
particular
accusations
&
hypotheticall
interrogations
in
their
Resuming
of
the
said
Summonds
and
Apologie
to
his
Ma.
Their
Reasons
of
declining
the
Councels
iudgement
contained
in
their
last
supplication
,
and
pleaded
when
they
gaue
their
Declinator
,
be
these
.
1.
They
alleadged
and
read
an
act
of
Parliament
in
anno
1592.
whereby
a
former
act
of
Parliament
anno
1584.
making
it
treasonable
to
decline
the
King
&
Councels
iudgment
was
interpreted
,
(
for
it
passed
when
the
principall
members
both
of
Kirk
and
Commonwealth
were
forced
to
forsake
the
land
,
and
it
was
neuer
put
in
execution
)
not
to
derogate
any
thing
to
the
priviledge
that
God
hath
given
to
the
spirituall
office-bearers
in
the
Kirk
concerning
any
essentiall
censure
having
warrant
of
Gods
word
.
But
to
iudge
of
the
lawfulnes
or
vnlawfulnes
of
Synodes
(
wherof
the
General
Assembly
is
the
sinew
and
life
)
is
an
essentiall
censure
,
having
warrant
of
Gods
word
.
2.
By
the
practise
of
the
Kirk
since
the
act
of
Parliament
1584.
recorded
in
the
Register
of
the
Assembly
,
one
Assembly
hath
euer
discerned
and
iudged
another
,
and
the
proceedings
thereof
,
as
is
evident
in
the
Generall
Assembly
holden
at
Dundie
anno
1597.
which
allowed
the
Assembly
at
Perth
,
&
the
proceedings
thereof
;
at
both
which
Assemblies
his
Ma:
was
present
:
and
(
which
is
more
)
he
required
the
question
made
of
the
former
to
be
decided
by
the
later
Assembly
,
as
properly
pertayning
to
that
Iudicatorie
.
And
in
his
Ma:
Proclamation
given
to
Hampton-Court
26.
of
September
1605.
His
Ma:
not
forgetting
the
practise
of
this
Kirk
,
expecteth
separation
of
the
supposed
disorders
of
the
Assembly
(
for
which
we
are
called
in
question
)
at
the
Assembly
to
be
holden
at
Dundie
the
last
Twesday
of
Iuly
next
.
3.
If
the
Councell
sould
take
vpon
them
to
iudge
&
censure
the
lawfulnes
or
vnlawfulnes
,
the
validitie
or
invaliditie
of
an
Assembly
:
What
were
this
,
but
to
confounde
Ecclesiasticall
,
&
Civill
Iudicatories
,
which
hitherto
haue
been
by
law
and
practise
happely
distinguished
?
and
which
his
Ma:
in
the
Declaration
of
the
saide
Act
of
Parliament
,
anno
1584.
professeth
to
bee
farre
from
his
meaning
.
His
intention
being
(
as
he
there
affirmeth
)
not
in
sort
to
take
away
the
lawfull
and
ordinarie
iudgement
in
the
Kirk
,
whereby
Discipline
and
gude
order
might
decay
;
But
that
as
temporall
Magistrates
do
iudge
in
temporall
matters
,
so
Spirituall
Iurisdiction
sould
haue
the
ordinarie
triall
in
matters
belonging
to
the
Ministrie
and
their
estate
.
Moreouer
,
It
may
be
affirmed
,
that
it
is
no
new
thing
to
decline
the
Councell
.
For
1.
there
is
a
Declinator
yet
extant
,
subscribed
by
the
handes
of
those
same
men
of
the
Ministerie
,
who
are
now
most
against
vs
,
&
mo
then
300.
Pastors
:
and
2.
It
is
also
,
and
hath
been
an
ordinarie
custome
in
civill
and
criminall
matters
even
of
Civill
persons
to
decline
the
Councell
,
and
to
take
them
to
the
iudgement
of
the
Lords
of
Session
,
or
to
the
Iustice
,
vpon
the
different
qualitie
of
the
civill
fact
.
At
this
time
Ma.
Robert
ȝounson
,
one
of
those
who
had
been
remitted
from
Perth
,
because
he
doubted
of
the
lawfulnes
of
the
Assembly
,
being
mooved
in
conscience
,
returned
;
and
the
same
day
and
houre
when
these
13.
were
standing
before
the
Councel
in
that
cause
did
compeir
,
and
desiring
to
be
heard
did
acknowledge
his
ouersight
at
Perth
,
and
confesseth
his
trouble
in
conscience
.
And
therefore
that
albeit
not
summoned
by
their
Lo:
yet
charged
by
the
living
God
,
was
compelled
to
come
thether
that
day
to
iustifie
that
Assembly
,
&
whole
proceedings
thereof
,
to
the
great
astonishment
of
the
Lords
,
and
comfort
of
his
brethren
;
who
also
subscribed
the
Declinator
with
them
.
Who
all
thereafter
were
sende
backe
to
their
seuerall
prisons
,
&
Ma.
Robert
ʒoungson
to
the
Castle
of
Stirling
,
with
the
other
three
that
were
warded
there
,
and
so
as
yet
all
continue
in
warde
.
In
their
Resuming
of
Summondes
and
Apologie
before
mentioned
,
the
Ministers
cleere
themselues
of
crimes
obiected
,
by
narration
of
their
proceedings
alreadie
reported
,
and
reasons
therein
comprised
;
and
yet
further
by
these
Apologeticall
answers
.
First
,
the
true
cause
of
the
lawfulnes
of
ecclesiasticall
Synodes
,
and
actions
is
the
ordinance
of
Iesus
Christ
,
who
as
King
of
his
Kirk
,
hath
prescribed
and
commaunded
the
same
in
his
word
,
as
is
affirmed
in
the
saide
booke
of
Discipline
,
cap.
1.
art.
10.
So
that
the
act
of
Parliament
in
anno
1592.
is
not
the
only
warrant
of
sic
Synods
and
actions
,
being
but
the
ciuill
approbation
of
our
christian
Soveraigne
mooved
of
christian
dutie
,
in
testification
of
his
subiection
to
Christ
,
&
willingnes
to
haue
all
his
subiectes
brought
vnder
humble
obedience
to
the
scepter
of
Christ
,
as
may
appeare
by
these
wordes
of
the
said
Act
:
And
declareth
the
said
Assemblies
Presbyteries
,
and
Sessions
,
Iurisdiction
and
Discipline
thereof
,
to
haue
been
in
all
times
bigane
,
&
to
be
in
all
times
comming
,
most
gude
,
iust
and
godly
in
the
selfe
.
Therfore
,
and
the
rather
because
of
our
subscription
and
oath
to
mainteine
the
discipline
of
our
Kirk
conteined
in
the
Confession
of
our
faith
,
we
had
highlie
sinned
,
if
we
had
not
forced
the
General
Assembly
,
being
not
forbidden
to
meet
by
the
Councell
,
nor
by
the
Kings
Commissioner
,
no
not
by
the
Commissioners
of
the
Generall
Assemblie
.
For
they
only
advised
vs
not
to
keepe
the
5.
day
,
and
it
was
not
kept
.
And
seeing
we
had
indangered
the
libertie
of
the
Kirk
,
if
we
had
not
continued
the
Assemblie
to
a
certen
day
.
For
authoritie
designed
none
,
wherevnto
we
might
haue
consented
,
and
therefore
,
that
day
being
expired
,
another
could
not
bee
appointed
by
the
Kirke
,
according
to
the
ordinance
,
and
ordinarie
custome
of
the
same
.
Secondly
,
we
did
not
transgresse
the
said
act
of
Parliament
anno
1592.
in
any
thing
.
1.
Because
it
is
no
instituting
law
,
but
a
simple
approbation
of
Assemblies
as
they
are
appointed
by
the
Kirk
.
2.
Because
the
said
Approbation
declares
that
it
salbe
lawful
to
the
Kircke
&
Ministers
euery
yeer
once
,
and
ofter
,
as
occasion
sall
require
,
to
hold
Generall
Assemblies
.
3.
Because
in
the
same
statute
it
is
provided
that
the
King
,
or
his
Commissioner
(
if
either
be
in
the
Towne
where
the
general
Assembly
is
held
)
be
present
,
not
to
allow
or
disallow
the
convening
or
holding
of
the
said
Assemblies
,
but
only
to
nominate
the
time
&
place
of
the
next
Assembly
.
And
therefore
it
is
provided
that
the
King
or
his
Commissioner
be
present
at
Ilk
Generall
Assembly
before
the
dissolvinge
thereof
:
Neither
doth
the
proviso
giue
authoritie
to
the
King
or
his
Commissioner
to
nominate
the
time
and
place
of
the
next
Assembly
absolutely
,
or
by
him selfe
,
but
coniunctly
and
with
the
Assembly
.
But
if
neither
the
King
nor
his
Commissioner
be
present
in
the
place
of
the
Assembly
,
then
the
proviso
saith
expresly
,
that
it
salbe
lesum
to
the
Assembly
by
them selues
to
nominate
time
and
place
of
the
next
Assembly
.
But
true
it
is
,
that
his
Ma:
could
not
,
and
his
Commissioner
would
not
be
present
,
but
(
as
said
is
)
voluntarily
removed
him selfe
,
while
the
Assemblie
was
continued
to
a
certen
time
and
place
.
Thirdly
,
let
it
be
supposed
that
it
was
an
offence
to
hold
,
and
to
continue
the
said
Assemblie
,
yet
it
was
not
to
be
imputed
vnto
vs
,
because
we
were
but
commissioners
of
sundrie
Presbyteries
,
wherevnto
,
&
not
vnto
vs
in
particular
the
saids
letters
from
the
Commissioners
at
Edinburgh
were
directed
,
which
notwithstanding
,
the
Presbyteries
send
vs
vnto
the
Assembly
,
&
approved
our
proceedings
after
the
Assembly
.
So
that
the
Presbyteries
(
if
any
)
and
not
we
are
subiect
to
censure
.
All
which
allegations
notwithstanding
,
Ma.
Iohn
Forbes
,
Ma.
Iohn
Welsh
,
Ma.
Robert
Durie
,
Ma.
Andrew
Duncan
,
Ma.
Iohn
Sharp
,
and
Ma.
Alexander
Stranchen
were
brought
by
the
guard
from
Blackenes
to
Linlitgow
,
there
to
be
arraigned
vpon
Friday
10.
Ianuary
last
,
before
the
secret
Councell
of
Treason
,
because
they
declined
the
iudgement
of
the
said
Councell
,
contrarie
to
the
saide
Act
of
Parleament
anno
1584.
The
Councell
first
dealt
with
them
instantly
,
to
depart
from
their
Declinator
for
his
Ma:
satisfaction
.
They
were
willing
,
so
that
all
proceedings
might
be
holden
pro
deleto
.
Then
the
Councell
willed
them
to
take
advise
of
their
brethren
,
who
were
many
then
and
there
met
together
from
many
partes
of
Scotland
.
They
did
so
,
and
at
first
found
great
difference
of
opinion
.
For
some
thought
it
lawfull
,
&
(
in
respect
of
inconveniences
likely
to
follow
)
verie
expedient
to
depart
from
the
said
Declinator
.
In
the
end
(
with
consent
)
some
of
the
Ministers
were
send
to
the
Councell
,
for
eschewing
the
present
perill
of
their
Brethren
,
to
craue
leaue
for
the
prisoners
to
go
,
&
conferre
with
the
Presbyteries
(
which
send
them
in
commission
)
anent
that
motion
,
without
whose
advice
thei
could
do
nothing
in
the
said
matter
.
This
denied
,
it
was
thought
by
the
whole
number
of
the
Ministers
,
that
the
Prisoners
could
not
passe
from
their
Declinator
without
great
preiudice
to
the
Kirk
and
Kingdome
of
Christ
.
Wherevpon
thei
were
caried
to
the
place
of
arraignment
,
and
named
for
their
Prolocutors
Ma.
Thomas
Craig
,
M.
William
Oliphant
,
M.
Thomas
Hope
,
&
M.
Thomas
Gray
,
who
had
all
promised
to
speake
for
them
;
but
the
two
former
being
absent
were
send
for
and
refused
to
come
.
The
other
two
by
evident
reasons
made
the
lawfulnes
of
the
prisoners
their
proceedings
,
manifest
to
the
consciences
of
all
.
But
the
prisoners
them selues
so
cleared
themselues
&
their
cause
,
that
their
enemies
were
astonished
,
their
doubtfull
Brethren
resolved
,
&
euery
one
that
heard
,
satisfied
.
So
that
the
Kings
advocat
was
put
to
his
shift
,
namely
to
charge
the
Assise
only
to
finde
,
whether
the
prisoners
had
declined
the
Councels
iudgment
or
no
,
to
which
purpose
only
he
gave
them
proofes
.
And
the
Assise
was
so
troubled
that
they
would
haue
been
ridde
of
the
matter
.
But
that
denied
,
&
they
inclosed
;
at
the
first
they
all
would
haue
clensed
the
prisoners
,
which
being
signified
to
the
Councell
they
willed
the
Iustice
clerk
,
and
Henrie
Steward
Chancellor
of
the
Assise
(
in
England
called
the
Foreman
of
the
Iurie
)
to
deale
with
the
prisoners
,
to
see
,
if
yet
they
might
be
made
to
depart
from
their
Declinator
;
which
beeing
refused
,
they
were
sende
back
to
the
Assise
to
convict
the
prisoners
in
respect
it
was
his
Ma.
wil
,
&
it
behoued
so
to
be
,
for
preparing
way
to
their
peace
.
Whervpon
it
being
voted
6.
clensed
,
and
the
rest
filed
the
Prisoners
,
to
the
vnspeakeable
grief
and
miscontent
of
all
men
,
except
,
&c.
But
iudgement
was
suspended
till
his
Ma.
mind
be
knowne
.
Whose
minde
(
I
hope
)
will
be
to
reexamine
matters
,
or
to
release
the
prisoners
,
lest
otherwise
he
be
guiltie
of
Innocent
bloud
;
ȝea
the
bloud
of
the
Lords
holy
ones
(
for
such
are
faithful
Ministers
in
a
special
sense
)
which
is
right
precious
in
his
sight
.
And
therefore
he
saith
,
Touch
not
mine
anoynted
,
&
do
my
Prophets
no
harme
.
And
the
rather
,
because
it
is
inacted
11.
Iacob
.
6.
ca.
91.
That
all
Assises
(
or
Iuries
)
be
inclosed
alone
,
and
no
person
to
be
suffered
to
be
with
them
,
nor
to
repaire
to
them
vnder
any
pretence
whatsoeuer
,
and
that
they
bee
not
suffered
to
come
out
for
whatsoeuer
cause
,
till
they
being
agreed
,
returne
their
answere
to
the
iudge
.
Otherwise
,
or
in
case
any
point
of
the
saide
act
be
transgressed
,
the
parties
accused
to
be
holden
,
and
pronounced
cleare
&
innocent
of
the
crimes
and
treasons
then
laid
to
their
charge
.
Nay
though
there
were
no
such
statute
,
yet
(
I
hope
)
his
Ma:
will
take
heed
of
such
innocent
bloud
,
because
I
haue
experience
of
his
naturall
gratious
disposition
.
For
howsoeuer
incensed
by
sic
as
sought
themselues
,
he
made
greeuous
lawes
against
the
Kirk
in
anno
1584.
ȝea
so
,
that
hee
put
downe
the
Presbyteries
and
set
vp
Bishops
:
yet
vpon
better
information
&
consideration
,
he
put
downe
Papall
Bishops
,
and
set
vp
the
Presbyterie
as
the
ordinance
of
God
.
Again
,
his
Ma.
being
verie
wise
,
can
not
but
●●rceyue
how
the
titular
Bishops
which
he
hath
made
,
grieving
that
they
haue
a
title
without
Iurisdiction
:
And
the
late
Commissioners
of
the
Generall
Assembly
,
aspiring
to
that
transcendent
authoritie
,
which
they
see
Commissioners
Ecclesiasticall
exercise
in
Englande
,
vnder
pretence
of
his
Ma:
prerogatiue
,
vse
all
the
devises
,
friendes
,
and
meanes
they
can
,
to
incense
his
Ma:
against
all
Presbyteriall
governement
,
especially
the
Generall
Assembly
,
which
holdeth
all
in
aw
.
Beseeching
God
to
sanctifie
and
blesse
his
Maiestie
,
and
his
Royall
Issue
to
iustifie
wisedome
,
and
comfort
his
people
.
I
commend
this
Report
to
the
Reader
,
and
him
to
the
grace
of
God
.
From
my
chamber
the
21.
of
February
1606.