Act Sess. 6. November 27. 1638.
The testimony of the Committy for tryall of the Registers, subscribed with
their hands, being produced, with some reasons thereof in another paper,
and publickly read; _My Lord Commissioner_ professed that it had resolved
him of sundry doubts, but desired a time to be more fully resolved.
The Moderatour desired that if any of the Assembly had any thing to say
against the said testimonie for the books, that they would declare it, and
finding none to oppon, yet be appointed the day following, to any to
object any thing they could say; and if then none could object the
Assembly would hold the Registers as sufficient approven.
Act. Sess 7. November 28.
_Act. approving the Registers._
Anent the report of the Assemblies judgement of the authority of the books
of Assembly; The Moderatour having desired that if any of the Assembly had
any thing to say, they would now declare it, otherwise they would hold all
approved by the Assembly.
The Commissioner his Grace protested that the Assemblies _approving these
books, or any thing contained in them_ be no wayes prejudicial to his
Majestie, nor to the Archbishops, and Bishops of this Kingdome, or any of
their adherents; because he had some exceptions against these books. My
Lord _Rothes_ desired these exceptions to be condescended on, and they
should be preferably cleared, and protested that these books should be
claimed authentick and obligatorie hereafter.
The whole Assembly all in one voice approved these books, and ordained the
same to make faith in judgement, and out with, in all time commitit, as
the true and authentick Registers of the Kirk of Scotland, conform to the
testimonie subscribed by the Committie, to be insert with the reasons
thereof in the books of Assembly: Whereof the tenour followeth.
We under-subscribers, having power and commission from the generall
Assembly now presently convened, and sitting at _Glasgow_, to peruse,
examine and cognosce upon the validity, faith and strength of the books
and registers of the Assembly under-written, to wit: A register beginning
at the Assembly holden the twentie day of _December_ 1566. and ending at
the fourth session of the Assembly held in the 28 of _December_ 1566.
Item another register beginning at the generall Assembly, holden the
second day of June 1567. and ending at the fourth session of the Assembly
holden at _Perth_ the ninth day of _August_ 1572, which register is
imperfect, and mutilate in the end, and containeth are no leaf nor page
after that page which containeth the said inscription of the said fourth
session, which two registers bears to be subscribed by _John Gray_ scribe.
Item a register of the Assembly holden at _Edinburgh_ the seventh day of
_August_ 1574, and ending with the twelfth session, being the last session
of the Assembly 1579.
Item another register beginning at the Assembly holden at _Edinburgh_ the
tenth of _May_ 1586. and ending in the seventeenth session of the Assembly
holden in _March_, 1589.
Item another register being the fifth book, and greatest volume, beginning
at the Assembly holden in _Anno_ 1560, and ending in the year 1590.
Having carefully viewed, perused and considered the first registers, and
every one of them, and being deeply and maturely advised, as in a matter
of greatest weight and consequence, do attest before God, and upon our
conscience declare to the world and this present Assembly, that the saids
foure registers above expressed, and every one of them, are famous,
authentick and good registers: which ought to be so reputed and have
publick faith in judgement and out with ad validem it the records in all
things, and that the said fifth & greatest book, beginning at the Assembly
1560. and ending 1590. being by the hand writs of the Clerk, cognosced,
and tryed, and agreeable to the other four registers, in what is extant in
them, ought be free of all prejudice and suspicion, and received with
them. And in testimonie of our solemne affirmation, we have made these
presents with our hands.
Subscribitur,
Master Andrew Ramsay.
Master John Adamson.
Master John Row.
Master Rohre Murray.
Master Alexander Gibson.
Master James Boner.
Master Alexander Peerson.
Master Alexander Wedderburn.
_Reasons prooving the five Books and Registers produced before the
Assembly to be authentick_.
The books now exhibited unto us underscribers, which we have revised and
perused by commission from the generall Assembly, are true registers of
the Kirk: to wit, Five Volumes, whereof the first two contain the acts of
the Assembly, from the year of God 1560. to the year 1572. all subscribed
by _John Gray_ Clerk. The third from the year of God 1574. to the year
1579. The fourth from the year of God 1586. to the year 1589. At which
time _Master James Richie_ was Clerk, who hath frequently written upon the
margine of the saids two last books, and subscribed the said margine with
his hand-writing. And the fifth book being the greatest Volume, containing
the acts of the generall Assembly, from the year of God 1560. to the year
1590. which agreeth with the foresaids other foure books and registers, in
so far as is extant in them, and further recordeth, what is wanting by
them, passing by what is mutilate in them, and which with the two Volumes
produced by _Master Thomas Sandilands_ from the year 1590. to this
present, maketh up a perfect register.
I. For the first two Volumes subscribed by _Ionn Gray_, albeit it be not
necessar in such antiquietie to proove that he was Clerk, seeing he
designes himself so by his subscription, yet the same is manifest by an
act mentioned in the third book, in the time of _Master James Richie_, who
succeeded him in the said office, and his hand-writ was acknowledged by
sundry old men in the ministery.
II. The uniformitie of his subscriptions through both Volumes, evident by
ocular inspection above the ordinarie custome of most famous Notars,
delivers the same from all suspicion _in facto tam antiquo_.
III. There be many coppies, specially of general acts, yet extant, which
do not debord from the saids registers, but are altogether agreeable
thereto.
IV. It is constant by the universal custome of this Kingdome, that all
registers are transmitted from one keeper to his successour; and so
comming by progresse and succession from the first incumbent to the last
possessour, are never doubted to be the registers of that judicatorie,
whereof the last haver was Clerk; and therefore it is evident, that these
books comming successfulie from _John Gray_, _Master James Richie_, and
_Master Thomas Nicolson_, who were all Clerks to the Assembly, into the
hands of _Master Robert Winrame_, who was constitute Clerk depute by the
said _Master Robert Nicolson_ (as his deputation here present to show,
will testifie) are the undoubted registers of the Assembly: like as
_Alexander Blair_ succeeded the said _Master Robert_ in his place of
Clerkship to the assignations and modifications of Ministers stipends; and
during _Master Robert_ his life-time, was his actual servant, and so had
the said books by progresse from him, which the said _Alexander_’s readie
presently to testifie.
V. The two registers of _Master James Richie_, albeit not under his own
hand, yet are frequently margined with his own hand-writ, and the same
marginal additions subscribed by him, which hand-writ is seen and
cognosced by famous men, who knoweth the same, and it is evident, being
compared with his several writings and subscriptions yet extant.
VI. The said registers are more perfect, lesse vitiated, scored, and
interlined, then any other authentick and famous registers of the most
prime judicatories within this Kingdom:
VII. _Master Thomas Sandilands_, in name of his father, who was late Clerk
by dimution of _Master Thomas Nicolson_, hath produced a Volume, which
proveth the saids two registers of _Master James Richie_ to be sufficient
records; because that same Volume is begun by that same hand, whereby the
said _Master James Richie_ his registers are written, and is subscribed
once in the margine by _Master James Richie_ his hand, and followed forth,
and continued in the same book by _Master Thomas Nicolson_, who succeeded
him in the place, and was known by most men here present to be of such
approven worth and credit, that he would never have accomplished a
register which had not been famous and true: and whereof the hand-write,
had not then been known to him sufficiently.
VIII. That register produced by _Master Thomas Sandilands_, and prosecuted
by _Master Thomas Nicolson_, proves the first part of that register to be
true and famous, and that first part being by ocular inspection of the
same hand writ, with _Master James Richies_ registers, and subscribed in
the margine with the same hand writ, proveth _Richies_ two books to be
good records, and _Richies_ registers doth approve _Grays_ books by the
act of Assembly before written: specially considering the same hath come
by progresse and succession of Clerks, in the hands of _Alexander Blair_,
now living, and here present.
IX. The compts anent the thirds of benefices between the Regent for the
time, and the Assembly, in the second volume, pag. 147. are subscribed by
the Lord Regents own hand, as appeareth: for it is a royall-like
subscription, and there is no hand writ in all the book like unto it, and
beareth not _Sic subscribitur_, which undoubtedly it would do, if it were
a coppie.
X. _Master Iames Carmichell_ was commanded by the generall Assembly 1595,
Sess. 9, in the book produced by _Master Thomas Sandilands_, to extract
the generall acts forth of their books; and it is evident that these books
are the same which he perused for that effect, because he hath marked
therein the generall acts with a crosse, and hath designed the act by some
short expression upon the margine, which is cognosed and known to be his
hand writ, by famous and worthy persons: which is also manifest by the
said _Master James_ his hand and subscription, written with his own hand
in the last leafe of the said books; as also acknowledged in the said
book, produced by _Master Thomas Sandilands_, wherein the said _Master
James Carmichell_ granteth the receipt of these, with some other books of
the Assemblies.
XI. The registers produced, are the registers of the Assembly, because in
_Anno_ 1586, the Assembly complaineth that their registers are mutilate:
which hath relation to _Richies_ third book, which is lacerat and mutilate
in divers places without any interveening of blank paper, or any mention
of _hic deese_.
XII. If these were not principall registers, the enemies of the puritie of
Gods worship, would never have laboured to destroy the same which
notwithstanding they have done; as appeareth by the affixing and battering
of a piece of paper upon the margine, anent a condition of the commission
not to exceed the established discipline of this Kirk; subscribed by the
Clerk, book 3, pag. 147, and the blotting out the certification of the
excommunication against Bishop _Adamson_, book 4, pag. 30, who in his
Recantation generally acknowledgeth the same: but which, without that
recantation, cannot be presupposed to have been done, but by corrupt men
of intention to corrupt the books, which were not necessary, if they were
not principall registers.
XIII. In the Assembly 1596, the Church complained upon the Chancelour his
retention of their registers, & desired they might be delivered to their
Clerk, which accordingly was done; as a memorandum before the beginning of
the first book, bearing the redeliverie of these foure books to _Master
James Richie_, clerk proporteth; which clearly evinceth that those foure
books are the registers of the Assembly.
XIV. The said fifth book and greatest Volume, is also marked on the
margine, with the hand-writ of the said _Master James Carmichell_; (which
is cognosced) who was appointed to peruse the books of the Assembly as
said is, and would not have margined the same by vertue of that command,
nor extracted the general acts out of it, if it were not an approbation
therof, as an authentick and famous book.
XV. The said fifth Volume doth agree with the other foure books; in all
which is extant in them, and marketh the blanks, which are lacerate and
riven out of the same; and compleateth all what is lacking in them.
XVI. In the book of Discipline pertaining to _Master James Carmichel_,
superscribed by himself, and _Master James Richie_, there are sundry acts
and passages quoted out of the said fifth great Volume, saying, It is
written in such a page of the book of the Assembly, which agreeth in
subject and quotation with the said fifth book, and cannot agree with any
other; so that _Master James Carmichel_ reviser of the Assembly books, by
their command, would not alledge that book, nor denominate the same a book
of the Assembly, if it were not an authentick famous book.
XVII. Though the corrupt nature of man hath been tempted to falsifie
particular evidents, yet it hath never been heard that any whole register
hath ever been counterfeited; neither can it bee presupposed that any will
attempt that high wickednesse, seeing the inducements anwerable to that
crime, can hardly be presupposed.
XVIII. It is certain, and notour to all these who are intrusted with the
keeping of the publick records of the Kingdome, that the same are never
subscribed by the Clerk, but only written and filled up by servants, and
most frequently by unknown hands, yet they and the extracts thereof make
publick faith, and the same are uncontrovertedly authentick registers; and
when the most publick registers of the Kingdom shall be seen, and compared
with these registers of the Assembly, it shall be found that these other
registers of the most soveraigne judicatories ever unsubscribed are more
incorrect, oftner margined, scored, and interlined, made up by greater
diversitie of unknown hand writs, than these books of the Assembly, which
by special providence are preserved so intire, that in the judgement of
any man acquainted with registers, they will manifestly appear at the very
sight to be true, famous, and authentick.
XIX. The fame and credit of ancient registers in this Kingdome, is so much
reverenced that if any extract be different or discontinuous from the
register, that extract albeit subscribed by the person who for the time
had been of greatest eminence in the trust of registers, will be
rectified, conform to the register, and have no force, so far as it
debordeth therefrom; although the registers be written with an obscure,
unknown hand, and unsubscribed.
Act. Sess. 12. December fourth.
_The six late pretended Assemblies condemned._
Anent the report of the Committie, for trying the six last pretended
Assemblies: They produced in writ sundrie reasons, clearing the
unlawfulnesse and nullitie of these Assemblies; which were confirmed by
the registers of the Assembly, the books of Presbyteries, the Kings
Majesties own letters, and by the testimonie of divers old reverend
Ministers, standing up in the Assembly, and verifying the truth thereof.
The Assembly with the universall consent of all, after the serious
examination of the reasons against every one of these six pretended
Assemblies apart, being often urged by the Moderatour, to informe
themselves thoroughly, that without doubting, and with a full perswasion
of minde, they might give their voices, declared all these six Assemblies
of _Linlithgow_ 1606. and 1608, _Glasgow_ 1610, _Aberdeen_ 1616, St.
_Andrews_ 1617, _Perth_ 1618. And every one of them to have been from the
beginning unfree, unlawfull, and null Assemblies, and never to have had,
nor hereafter to have any Ecclesiasticall authoritie, and their
conclusions to have been, and to bee of no force, vigour, nor efficacie:
Prohibited all defence and observance of them, and ordained the reasons of
their nullitie to be insert in the books of the Assembly: _Whereof the
tennour followeth._
_Reasons annulling the pretended Assembly, holden at_ Linlithgow, 1606.
I. From the indiction of it. It was indicted the third of _December_ to
bee kept the tenth of _December_. And so there was no time given to the
Presbyteries, far distant, neither for election of Commissioners nor for
preparation to those who were to be sent in Commission. The shortnesse of
the time of the indiction is proved by the Presbyterie books of
_Edinburgh_, _Perth_, and _Hadingtonn_, &c.
II. From the want of a lawfull calling, to these who went to the meeting,
seeing they were not at all elected by their Presbyteries, but were
injoyned to come by the Kings letters. This also is proved by the
foresaids books of the Presbyteries, and by his Majesties letters.
III. From the nature of that meeting, which was only a private meeting, or
convention, for consultation to be taken by some persons of sundry estates
written for, as the Kings letters and the Presbyterie books do
acknowledge.
IV. From the power of those ministers who were present. Their Presbyteries
did limitate them: First, That they should give no suffrages in that
meeting as a generall Assembly. Secondly, That they agree to nothing that
may any wayes be prejudiciall to the acts of the generall Assemblies, or
to the established discipline of the Kirk. Thirdly, That they should not
agree to resolve or conclude any question, article, or mater whatsoever,
the decision whereof is pertinent, and proper to a free generall Assembly.
Fourthly, If any thing be concluded contrary thereunto, that they protest
against it. These limitations are clear by the Presbyterie books.
V. The acts of this meeting were not insert in the book of Assemblies, as
is evident by the register.
VI. The next pretended Assembly at _Linlithgow_, 1608, doth acknowledge
the Assembly, Whereof _Master Patrick Galloway_ was Moderatour, to have
been the last immediate Assembly, preceding it selfe: and that Assembly
whereof he was moderatour, was the Assembly holden at _Halyroodhouse_,
1602. So they did not acknowledge that meeting at _Linlithgow_, 1606. for
any Assembly at all. This is clear by the registers of the Assembly, 1608,
in the entrie thereof.
_Reasons for annulling the pretended Assembly at_ Linlithgow, 1608.
I. Manie of the voters in that pretended Assembly had no lawfull
commission from the Kirk, to wit, 42 Noble men, officers of state,
councellours, and Barrons, also the Bishops, contrare to the act of
_Dundie_, 1597. And one of their caveats, the Noble men, were as
commissioners from the King, the Bishops had no commission at all from the
Presbyterie, for every Presbyterie out of which they came, had their full
number of Commissioners beside them, as the register of the Assembly
beareth.
II. In a lawfull Assembly there should be none but Commissioners from
Presbyteries, Burghs, and Universities, and but three ministers at most,
with one Elder, Commissioners from every Presbyterie, according to the act
made at _Dundie_, 1597. But in that pretended Assembly, there were foure
ministers from the severall Presbyteries, of _Edinburgh_, and _Cowper_,
five from the Presbyteries of _Arbroth_, as the roll of the said pretended
Assembly beareth, whereas there were no ruling Elders sent from
Presbyteries, according to the book of policie and act of _Dundie_.
_Reasons for annulling the pretended Assembly at_ Glasgow, 1610.
I. The Commission of the pretended Commissioners to the meeting was null.
1. Because the election of them was not free, seeing they were nominate by
the Kings Letters, as the Presbyterie books of _Edinburgh, Perth_, and
_Hadingtoun_ declare. And the Bishop of St. _Andrews_ in his letter to
some Presbyteries required them to send such commissioners as the King had
nominate: assuring them, that none other would be accepted. This the
Bishops letter registered in the Presbyterie books of _Hadingtoun_ doth
cleare. 2. And whereas there were no ruling Elders sent from the
Presbyteries to that pretended Assembly, as the roll of Commissioners
sheweth; yet there were moe ministers from undue severall Presbyteries
then three, as five from _Brechen_, five from _Arbroth_, five from
_Kirkenbright_, seven from the Presbytery of _Argyl_, foure from the
Presbyterie of _Cowper_, foure from _Linlithgow_, foure from _Pasley_,
foure from _Hammilton_, foure from _Drumfreis_, foure from _Dunkell_: as
the register of that Assembly beareth.
II. There where thirtie voters of Noble men and Barrons, beside the
pretended Bishops, who had no commission from any Presbyterie. In the
fourth Session of this pretended Assembly it is plainly said, That the
Noble men and Barrons came to it by the Kings direction.
III. The voting of the commissioners was not free: for by the Kings Letter
to the Assembly they were threatned, and it was declared that their
content was not needfull to any act to be made there: The King might doe
it by his own power, yet they were allured to vote by a promise that their
good service in so doing should be remembred and rewarded thereafter.
IV. The principall acts which were made, were set down _verbatim_ in the
privie conference, which chiefly consisted of the Kings Commissioners and
pretended Bishops, and only read to be ratified in the Assembly.
V. Sundrie ministers then present, doe now declare, that they knew the
ministers who voted the wrong way, to have received their present reward,
and that money was largely dealt unto them.
_Reasons for annulling the pretended Assembly at_ Aberdene, 1616.
I. There was no election of a Moderatour: but that place usurped by the
pretended Bishop of Saint _Andrews_, as the Register beareth.
II. The indiction of that pretended Assembly was but twentie dayes before
the holding of it: so that the Presbyteries and burghes could not be
prepared for sending their commissioners: which caused the absence of many
Presbyteries and fourtie foure Burghes.
III. There were twentie five noble-men, and gentle-men voters without
commission from the Kirk. Ma. _William Struthers_ voted for the
Presbyterie of _Edinburgh_, yet had no commission there-from. The
commission being given by that Presbyterie to other three, as the said
Commission registrar in the books of the Presbytery beareth. And whereas
there should be but one Commissioner from every burgh, except _Edinburgh_,
to the Assembly; at this pretended Assembly, there were two Commissioners
from _Glasgow_, two from _Cowper_, two from St. _Andrews_: whereas there
were no ruling Elders having commission from their Presbyteries at that
Assembly.
IV. When the acts of that pretended assembly were written, the Bishop of
St. _Andrews_ with his own hand did interline, adde, change, vitiate,
direct to be extracted or not extracted, as he pleased: as the scrolls
themselves seen, doe show; wherefore the Clerk did not registrat the acts
of that Assembly, in the books of Assemblies, as may be easily seen by the
blank in the register left for them remaining unfilled.
_The nullitie of the pretended Assembly at_ Saint Andrews, 1617.
I. There is no mention of it in the register of the Assemblies, and so no
warrand for their commissions, their Moderatour or Clerk.
II. The indiction of it was so unformall, that as the scroll declareth, a
great part of the Commissioners from Synods, Burrows, and gentle-men,
would not be present.
III. The Kings Majestie in his letter to _Perths_ Assembly, acknowledged
it was but a meeting, wherein disgrace was offered to his Majestie.
IV. The former corruptions of the foure preceding Assemblies had their
confluence in this and the subsequent Assembly.
_Reasons for annulling the pretended Assembly, holden at_ Perth, 1618.
I. The Assembly was indicted but twentie dayes before the holding of it:
and all parties requisit received not advertisement, as appeareth by their
absence. The untimous indicting of it, is cleared by Presbyterie books.
II. There was no election of the Moderatour, as was accustomed to be in
lawfull Assemblies; The register cleareth this.