A faithful Report of proceed anent the Assembly of Ministers at Abirdeen upon Twesday 2. july 1605.  Proverb. 18. vers. 17. 
He that is first in his own cause is just, then cometh his neighbour and maketh inquiry of him.  
21. Februar. 1606.   

A faithful Report of proceed anent the Assembly of Ministers at Abirdeen upon Twesday the second of julij 1605.  
ALthough I have been in England many years, yet I cannot but be moved with the grievous traducing of faithful Ministers in Scotland, which I hear every day as I have occasion to meet with men either addicted (more or less) to Papistry, or utterly ignorant of Scottis-affairs. Traducing, I say, sic Ministers as if they were indeed guilty of high treason. A lively member of the Kirk cannot but be sensible of the troubles thereof, in what part of the world so ever he be: How then can I be unmoved to hear sic things of the principal members of the Kirk in Scotland, so near and dear not only to Scottismen, but to Englishmen too, if they be truly religious? For doth not every wisehearted Christian evidently perceive, that (among other Stratagems of this declining age) Satan would blemish the gospel and undermined the Kirk, through the sides of those faithful Ministers.  
I have thought it therefore very necessary to collect and set done this faithful Report, hoping that th'indifferent Reader will suspend his judgement, till Truth (Times daughter) be fit to show herself in public. I confute no objections, because I would not offend: and besides Rectum est index sui & obliqui. Lastly I call this Report faithful, because I have faithfully collected the same out of faithful intelligences sent out of scotlan from faithful Brethren; and not because I can ovow (though I believe) every part thereof to be undoubtedly true. And therefore pray with protestation that this Report be not prejudicial to a more evident truth, which hereafter may be published by authority; or by the Ministry.  
In the General Assembly at Halyrudehous, in November 1602. the Brethren consented to his Ma: that the next Assembly sold be at Abirdeen the last Twesday of july 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 every year according to an act of Parliament 1592.) Respecting his Ma. pleasure so much, as that they did not duly consider how prejudicial it might prove to the liberty of the ●●rk, to transgress the said Acts of Parliament, and General Assembly, in not holding with all constancy the General Assembly Once (at least) every year.  
That their exceeding regard of his Ma: pleasure may ȝit more appear, it is not to be forgotten, that the Presbyteries yielded to a Letter dated at Perth 4. july 1604. and subscribed be the Laird of Lowreston the King's Commissioner, Master Patrick Galloway, Moderator of the said Assembly at Holyrudehous and Master Richard Thomeson, Clerk to the Commissioners, in name of the Commissioners of the General Assembly: Whereby they were certified that it was his majesties pleasure that the Assembly sold be continued to the First Twesday of july 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 General Assembly, to make any alteration, drift or delay of the diet of the General Assembly: Which act was made with his majesties consent, to remove a just conceived grief of the Kirk.  
The General Assembly being so mani-yeeres deferred, open scandals so multiplied, and the rather because inferior judicatories were contemned by the chiefest malefactors, who did elude, and escape their censures by appellation to a General Assembly, which they never expected; and Papists grew so insolent, jesuits and seminaries Priests travailing securely within the kingdom, That of necessity many Synods and Presbyteries used many means and Mediators, yea many Commissioners from many Provinces, convening at Saint johnstone in October 1604. made (with consent of his majesties Commissioner) a Supplication to his Majesty, for hasting the General Assembly; But all to no great purpose.  
For not long before the uttermost day of Assembly were letters dated at Edingburgh, subscribed as those from Perth, and directed to the Presbyteries, advising them not to keep the fifth day of julij: Which error of naming the fifth day for the First Twesday, which was the second day of juli directly appointed in the said letters from Perth, whether it were of purpose or no, it is not certain. But so it was that the Commissioners of some Presbyteries by reason thereof came not to Abirdeen till the 4. and 5. days of juli, and some not at all.  
The causes moving 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 General Assembly. 4 No other day and place were appointed. 5. The danger of the forfalting the liberty of the Kirk, and 6. The necessity of an Assembly.  
The Ministers who convened at Abirdeen the second of july were these, Maist. john Forbes, Ma. john Munro, Ma. Andro Duncan, Ma. Alexander Stranchen, Ma. William Forbes, Ma. Robert ʒoungson, Ma. james Irving, Ma. Charles Farm, Ma. john Sharp, Ma. Robert Durie. Ma. Archibald Blackburne, Ma. james Rosse, Ma. David Rail, Ma. Alexander Strogie, M. james Mill, Ma. David Robertson, Ma. William Davidson, Ma. Robert Reed, and john Rough, in all 19  
After the sermon made by Ma. james Rosse Minister at Abirdeen, the Brethren convened in the Kirk with the Laird of Lowreston, & by mutual consent continued their donn sitting till the after noon in expectation of more Brethren hindered in their journey, as was supposed, by injury of weather. At two hours in the after noon they met in the Session-house, within the Kirk of Abirdeen, and after incalling on the name of God by Mai. David Rout Moderator of the Synod of Abirdeen, in place of M. Pal. Galloway, they sent for the ordinary Clerk of the Assembly, who went to them; At which time the Laird of Lowreston sitting done amongst them, affirmed: That though he might charge them, yet he would rather make use of a missive Letter from the Lords of the secret Council, directed to the ministery in their Assembly at Abirdeen, which he desired them to read and answer. But until a Moderator was chosen, that could not be. He named Master john Forbes to be the mouth for the rest; But perceiving that the Assembly would proceed orderly in their election, he removed himself of his own free will, That (as he openly declared) he might eschew to be quarreled & found fault with, for seeming to approve the said Election by his presence, if it sold fall out that he and they sold not agree. After his removing, they desired Ma. Thomas Nicholsone (ordinary Clerk to the Assembly) to remain with them, and to do his office, He refused till he sold see how the issue of their doings sold content the Laird of Lowreston, and so (but first desiring and obtaining dispensation for his absence) he likewise removed himself.  
The Assembly proceeds, & having put in lytes Master Robert Durie, Ma. john Munro, and Ma. john Forbes, who were in ele●●●on, with general 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. john Sharp Clerk for that time.  
After this election the Letter missive was read, and the judgement of the Assembly craved. The letter consisted of two points; first that the Assembly sold be presently dissolved; and secondly, that no new diet sold be appointed till his Majesty were acquainted therewith. And yet it was agreed between the Lord Chancellor and Mai. john Forbes in Edinburgh before the Ministers met in their Assembly at Abirdeen, that the Ministers sold meet, and (upon request of the Council) having fenced their Assembly, continue the entreating of all things to a new day. The Assembly yielded to the former, But for reasons before mentioned, thought it needful 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 judgement of the Assembly, & he approved the former part of their conclusion, but refused to design any time long or short, Albeit the Assembly assured him that upon the reverend respect they had to satisfy his Ma. desire, they would be als ready afterward to continued to a certain day, if his Ma. sold require the same. After long reasoning was brought to consider the necessity of continuing the Assembly to a certain time: and the rather, because (as he himself did there openly report) it was thought they sold never have Assembly again: but yet would not agree thereunto, because (as he affirmed) he had no warrant so to do. He therefore again did voluntarily remove himself, though he was desired to stay, giving the second time the same cause of sic removing himself, which he gave before.  
Presently after, The entreating of the affairs of the Assembly were continued to the 〈◊〉 Twesday of September than next following a Abirdeen; & intimation ordained to be made in all Presbyteries according to the order & custom observed in sic cases. Which being done, & the Assembly ready to dissolve, the Laird of Lawreston returned of himself (for the doors were never shut) and protested that he did not acknowledge their meeting for a lawful Assembly from the beginning; Because of the absence of M. Patrick 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 God's word. 2. Laws of the Realm. 3. continual practice of the Kirk, since the year of our Lord 1560. But most clearly set done in the book of discipline established in this Land, at his Ma. own desire publicly made to the General Assembly held at Glasgo, 1581. where n the 7. ca art. 3. & 4. it is thus written: All ecclesiastical Assemblies have power to convene together for treating of things concerning the church p rtaining to their charges. They have 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 subjects. 5. The said letter of the Commissioners from Perth and. 6. Precedents in the Register of the Assembly of choosing a new Moderator in absence of the old, and a clerk for the time in place of th'ordinary.  
In mean time the Lord of Lowreston caused john Wisheart messenger to charge the Assembly with letters of Horning to suffer the same to desert, and gave a subscribed copy 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 passed. 2. That this Assembly was without his knowledge & consent. Thereunto Obedience was given instantly, the Moderator craving a certificate of the same under the hand of the messenger, who was also a public Notary: but he refusing, The Ministers after the dissolving of the Assembly with prayer by the Moderator, went presently to the common clerks chamber of Abirdeen, & took instruments of their obedience to the said charge: Which was t'honly charge that ever they heard of first or last by public or private intimation or knowledge whatsoever, as they protested upon their salvation in their Apology send afterward to his Majesty.  
Of this charge no mention was made to the Lords of the secret Council, but another was alleged to have been given by virtue of the same letters on Monday the first of july by open proclamation at the mercat cross of Abirdeen. Whereas (in truth) there was no sic thing done. For then the Laird of Lowreston would have intimated the same, when he delivered the said letter missive, & not have said that he might have charged them, if he would. Again, it can be proved that from the first coming of the Laird of Lowreston and his servants into Abirdeen to eight hours in the night, there were continually about the mercat cross, walking sundry honest men, who heard of no sic matter. Moreover, if the endorsement of the said supposed charge were true, to wit, that it was executed before. 2. witnesses, both servants to the Laird of Lowreston, between 7. and 8. hours at night, yet it was to no purpose. Because it was not executed in the morning between eight and 12. hour at noon, before famous witnesses according to an act of parliament 1587.  
Upon Thursday and Friday following 〈◊〉 reason of the error of the Commissioners Letter aforesaid, came to Abirdeen Mai. john Welsh, Mai. Nathaniel Inglis, Ma. james Greig, Ma. john ʒoung, Ma. Thomas Abirnethie, Ma. Archibald Symson, Ma. Nathaniel Harlaw, M. Abraham Henderson, and john Rosse: who finding the Assembly dissolved, and having received a subscribed copy of the proceed thereof, went to the place where the Assembly was holden, and for the discharge of their Commission, took instruments under the hands of two Notaries, that they were come to have kept the said Assembly and that they did ratify all the proceed thereof, in their own names, & in the names of the Presbyteries who sent them.  
After which proceed, the 24. of juli, Mai. john Forbes being in Edinburgh of purpose to satisfy the Lords of Council anent the alleged disobedience to his majesties charge, was send for by the Council to speak with them who were convened, consisting of 6. Lords and 7. or 8. of the late Bishops, & Commissioners of the General Assembly (a novelty not heard of before in Scotland) and was commanded to ward in the Castle of Edinburgh, because he would not condemn the Assembly at Abirdeen by his private judgement, albeit he submitted himself and proceed thereat to the General Assembly.  
Master john Welsh being also in Edinburgh, was charged by a messenger to compear before the Council the next day following; who compeiring & refusing to give his oath, as he took it super inquirendis, albeit he offered it upon the knowledge of the particular interrogatories, was likewise warded in the Tolbnith till eleven hours, at which time both he and Mai. john Forbes were transported to Blackness.  
The second of August Ma. Robert Durie, Ma. Andro Duncan, Ma. Alexander Stranchen, and Ma. john Sharp, being summoned, compeired before the Council, and with them M. john Welsh, who was brought from Blackness upon his offer to give his Oath upon the points of his summons, and were all committed to prison in Blackness, for the same cause for which Ma. john Forbes was imprisoned.  
The third of October other 14. of those, who had been either the 2. or 5. day of july in Abirdeen, being cited before the Council 7. of them, because they doubted of the lawfulness of the Assembly, till it were discussed in a free General Assembly, were remitted home; and other 7. were warded for the same cause, for which the rest were imprisoned before. To wit, Mai. Charles Farm, and Ma. john Munro were warded in the Castle of Dorone, M. Nathaniel Inglis, & M. james Greig, in the castle of Dumbertome, M. james Irving, Ma. William Forbes and john Rosse in the castle of Stirling. The rest who were at Abirdeen the 2. and 5. of july were not summoned, and so spared by the providence of God.  
After sundry Supplications, the said 13. imprisoned Ministers wrote reasons to prove the Summons from the secret Council, and proceed before them to be prejudicial to the authorized discipline of the Kirke, and contrary to the laudable order observed in the Realm. And most humbly besought their Lo: in the name of the Lord jesus Christ, who shall judge the quick and the dead, to remit their cause and trial thereof to the General Assembly as only judge competent thereto: as also to dimit them in peace that they might attend on their callings. Which Supplications not regarded, they gave to the Lords a Declinator subscribed by them all the said 24. of October. Whereby they did appeal, as it were, from the King and the Council, to the K. and General Assembly: yet so that they did always acknowledge themselves bound to submit to the Counsels judgement, in any matter wherein any other subject was bound to submit. And howsoever they referred the answering of theticall Interrogatories to the General Assembly, yet to clear themselves of crimes objected, they answered particular accusations & hypothetical interrogations in their Resuming of the said Summons and Apology to his Ma.  
Their Reasons of declining the Counsels judgement contained in their last supplication, and pleaded when they gave their Declinator, be these.  
1. They alleged and read an act of Parliament in anno 1592. whereby a former act of Parliament anno 1584. making it treasonable to decline the King & Counsels judgement was interpreted, (for it passed when the principal members both of Kirk and Commonwealth were forced to forsake the land, and it was never put in execution) not to derogate any thing to the privilege that God hath given to the spiritual office-bearers in the Kirk concerning any essential censure having warrant of God's word. But to judge of the lawfulness or unlawfulness of Synods (whereof the General Assembly is the sinew and life) is an essential censure, having warrant of God's word.  
2. By the practice of the Kirk since the act of Parliament 1584. recorded in the Register of the Assembly, one Assembly hath ever discerned and judged another, and the proceed thereof, as is evident in the General Assembly held at Dundie anno 1597. which allowed the Assembly at Perth, & the proceed 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 pertaining to that judicatory. And in his Ma: Proclamation given to Hampton-Court 26. of September 1605. His Ma: not forgetting the practice 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 july next.  
3. If the Council sold take upon them to judge & censure the lawfulness or unlawfulness, the validity or invalidity of an Assembly: What were this, but to confound Ecclesiastical, & Civil judicatories, which hitherto have been by law and practise happily distinguished? and which his Ma: in the Declaration of the said Act of Parliament, anno 1584. professeth to be far from his meaning. His intention being (as he there affirmeth) not in sort to take away the lawful and ordinary judgement in the Kirk, whereby Discipline and good order might decay; But that as temporal Magistrates do judge in temporal matters, so Spiritual jurisdiction sold have the ordinary trial in matters belonging to the Ministry and their estate.  
Moreover, It may be affirmed, that it is no new thing to decline the Council. For 1. there is a Declinator yet extant, subscribed by the hands of those same men of the ministery, who are now most against us, & more than 300. Pastors: and 2. It is also, and hath been an ordinary custom in civil and criminal matters even of Civil persons to decline the Council, and to take them to the judgement of the Lords of Session, or to the justice, upon the different quality of the civil fact.  
At this time Ma. Robert ȝounson, one of those who had been remitted from Perth, because he doubted of the lawfulness of the Assembly, being moved in conscience, returned; and the same day and hour when these 13. were standing before the Council in that cause did compear, and desiring to be heard did acknowledge his oversight 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 thither that day to justify that Assembly, & whole proceed thereof, to the great astonishment of the Lords, and comfort of his brethren; who also subscribed the Declinator with them. Who all thereafter were send back to their several prisons, & Ma. Robert ʒoungson to the Castle of Stirling, with the other three that were warded there, and so as yet all continue in ward.  
In their Resuming of summons and Apology before mentioned, the Ministers clear themselves of crimes objected, by narration of their proceed already reported, and reasons therein comprised; and yet further by these Apologetical answers.  
First, the true cause of the lawfulness of ecclesiastical Synods, and actions is the ordinance of jesus Christ, who as King of his Kirk, hath prescribed and commanded the same in his word, as is affirmed in the said book 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 civil approbation of our christian Sovereign moved of christian duty, in testification of his subjection to Christ, & willingness to have all his subjects brought under humble obedience to the sceptre of Christ, as may appear by these words of the said Act: And declareth the said Assemblies Presbyteries, and Sessions, jurisdiction and Discipline thereof, to have been in all time's bigane, & to be in all times coming, most good, just and godly in the self. Therefore, and the rather because of our subscription and oath to maintain the discipline of our Kirk contained in the Confession of our faith, we had highly sinned, if we had not forced the General Assembly, being not forbidden to meet by the Council, nor by the King's Commissioner, no not by the Commissioners of the General Assembly. For they only advised us not to keep the 5. day, and it was not kept. And seeing we had endangered the liberty of the Kirk, if we had not continued the Assembly to a certain day. For authority designed none, whereunto we might have consented, and therefore, that day being expired, another could not be appointed by the Kirke, according to the ordinance, and ordinary custom of the same.  
Secondly, we did not transgress 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 every year once, and ofter, as occasion shall require, to hold General Assemblies. 3. Because in the same statute it is provided that the King, or his Commissioner (if either be in the Town 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 General Assembly before the dissolving thereof: Neither doth the proviso give authority to the King or his Commissioner to nominate the time and place of the next Assembly absolutely, or by himself, but conjunctly and with the Assembly. But if neither the King nor his Commissioner be present in the place of the Assembly, than the proviso saith expressly, that it salbe lesum to the Assembly by themselves 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 himself, while the Assembly was continued to a certain time and place.  
Thirdly, let it be supposed that it was an offence to hold, and to continue the said Assembly, yet it was not to be imputed unto us, because we were but commissioners of sundry Presbyteries, whereunto, & not unto us in particular the saids letters from the Commissioners at Edinburgh were directed, which notwithstanding, the Presbyteries send us unto the Assembly, & approved our proceed after the Assembly. So that the Presbyteries (if any) and not we are subject to censure.  
All which allegations notwithstanding, Ma. john Forbes, Ma. john Welsh, Ma. Robert Durie, Ma. Andrew Duncan, Ma. john Sharp, and Ma. Alexander Stranchen were brought by the guard from blackness to Linlitgow, there to be arraigned upon Friday 10. january last, before the secret Council of Treason, because they declined the judgement of the said Council, contrary to the said Act of parliament anno 1584.  
The Council first dealt with them instantly, to departed from their Declinator for his Ma: satisfaction. They were willing, so that all proceed might be holden pro deleto. Then the Council willed them to take advise of their brethren, who were many then and there met together from many parts of Scotland. They did so, and at first found great difference of opinion. For some thought it lawful, & (in respect of inconveniences likely to follow) very expedient to departed from the said Declinator. In the end (with consent) some of the Ministers were send to the Council, for eschewing the present peril of their Brethren, to crave leave for the prisoners to go, & confer with the Presbyteries (which send them in commission) anent that motion, without whose advice they could do nothing in the said matter. This denied, it was thought by the whole number of the Ministers, that the Prisoners could not pass from their Declinator without great prejudice to the Kirk and Kingdom of Christ. Whereupon they were carried to the place of arraignment, and named for their Prolocutors Ma. Thomas Craig, M. William Oliphant, M. Thomas Hope, & M. Thomas Grace, who had all promised to speak for them; but the two former being absent were send for and refused to come. The other two by evident reasons made the lawfulness of the prisoners their proceed, manifest to the consciences of all. But the prisoners themselves so cleared themselves & their cause, that their enemies were astonished, their doubtful Brethrens resolved, & every one that heard, satisfied. So that the King's advocate was put to his shift, namely to charge the Assize only to find, whether the prisoners had declined the Counsels judgement or no, to which purpose only he gave them proofs. And the Assize was so troubled that they would have been rid of the matter. But that denied, & they enclosed; at the first they all would have cleansed the prisoners, which being signified to the Council they willed the justice clerk, and Henry Steward Chancellor of the Assize (in England called the Foreman of the jury) to deal with the prisoners, to see, if yet they might be made to departed from their Declinator; which being refused, they were send back to the Assize to convict the prisoners in respect it was his Ma. will, & it behoved so to be, for preparing way to their peace. Whereupon it being voted 6. cleansed, and the rest filled the Prisoners, to the unspeakable grief and miscontent of all men, except, etc. But judgement was suspended till his Ma. mind be known.  
Whose mind (I hope) will be to reexamine matters, or to release the prisoners, lest otherwise he be guilty of Innocent blood; ȝea the blood 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 anointed, & do my Prophets no harm. And the rather, because it is enacted 11. jacob. 6. ca 91. That all Assizes (or juries) be enclosed alone, and no person to be suffered to be with them, nor to repair to them under any pretence whatsoever, and that they be not suffered to come out for whatsoever cause, till they being agreed, return their answer to the judge. Otherwise, or in case any point of the said act be transgressed, the parties accused to be holden, and pronounced clear & 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 blood, because I have experience of his natural gracious disposition. For howsoever incensed by sic as sought themselves, he made grievous laws against the Kirk in anno 1584. ȝea so, that he put down the Presbyteries and set up Bishops: yet upon better information & consideration, he put down Papal Bishops, and set up the Presbytery as the ordinance of God. Again, his Ma. being very wise, can not but ●●rceyue how the titular Bishops which he hath made, grieving that they have a title without jurisdiction: And the late Commissioners of the General Assembly, aspiring to that transcendent authority, which they see Commissioners Ecclesiastical exercise in England, under pretence of his Ma: prerogative, use all the devises, friends, and means they can, to incense his Ma: against all Presbyterial government, especially the General Assembly, which holdeth all in awe.  
Beseeching God to sanctify and bless his Majesty, and his Royal Issue to justify wisdom, 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.