oeth, and to that man, Come, and he cometh_, that
is obedience."----He answered, "To suffer, Sir, is also obedience,
howbeit not of the same kind, and that obedience was not absolute but
limited with exception, of a countermand from a superior power." "I am
informed, said the king, ye are a refractor, the bishop of Glasgow your
ordinary, and bishop of Caithness the moderator and your presbytery,
testify ye have kept no order, ye have repaired to neither presbytery
nor synod, and are no way conform." He answered, "I have been confined
these eight or nine years, so my conformity or non-conformity in that
point could not well be known." "Gude faith, thou art a very knave,"
said the king, "see these same false puritans, they are ever playing
with equivocations."--The king asked, If he was relaxed if he would obey
or not?--He answered, "I am wronged, in that I am forced to answer such
questions, which are besides the libel, &c." after which he was
removed.

When called in again, it was intimated to him, that if he did not
repair to synods and presbyteries between this and October, conform in
the time, and promise obedience in all time coming, the bishop of
Glasgow was to deprive him. Then Mr. David begged leave to speak to the
bishops, which being granted, he reasoned thus, "Neither can ye suspend
or deprive me, in this court of high commission, for ye have no power in
this court, but by commission from his majesty; his majesty cannot
communicate that power to you, which he claims not to himself." At which
the king wagged his head, and said to him, "Are there not bishops and
fathers in the church, &c. persons clothed with power and authority to
suspend and depose."--"Not in this court," answered Mr. Calderwood. At
which word there arose a confused noise, so that he was obliged to
extend his voice, that he might be heard. In the end the king asked him,
If he would obey the sentence?--To which he answered, Your sentence is
not the sentence of the kirk, but a sentence null in itself, and
therefore I cannot obey it. At which some reviling called him proud
knave. Others were not ashamed to shake his shoulders in a most insolent
manner, till at last he was removed a second time.

Being again called in, the sentence of deprivation was pronounced, and
he ordained to be committed to close ward in the tolbooth of St.
Andrews, till afterward that farther orders were taken for his
banishment, after which he was upbraided by the bishop,