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 Iohn 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 Iames Ritchie 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 John 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 made manifest
by an act mentioned in the third book, in the time of Master Iames
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.
IIII. 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 successively from Iohn Gray, Master
Iames 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 Thomas 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
actuall servant, and so had the said books by progresse from him, which
the said Alexander is readie presently to testifie.
V. The two registers of Master Iames Richie, albeit not under his own
hand, yet are frequently margined with his own hand-writ, and the same
marginall additions subscribed by him; which hand-writ is seen and
cognosced by famous men, who knoweth the same; and is evident, being
compared with his several writings and subscriptions yet extant.
VI. The saids registers are more perfect, lesse vitiated, scored, and
interlined, than any other authentic and famous registers of the most
prime judicatories within this Kingdome.
VII. Master Thomas Sandilands, in name of his father, who was late
Clerk by dimission of Master Thomas Nicolson, hath produced a volume,
which proveth the saids two registers of Master Iames Richie to be
sufficient records; because that same Volume is begun by that same
hand, whereby the said Master Iames Richie his registers are written,
and is subscribed once in the margine by Master Iames Richie his hand,
and is 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 Iames 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 cognosced
and known to be his hand writ, by famous and worthy persons; which
is also manifest by the said Master Iames his band 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 Iames 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 deest_.
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 presupponed to have been
done, but by corrupt men, of intension to corrupt the books, which were
not necessary, if they were not principall registers.
XIII. In the Assembly 1586, 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 Iames Richie, Clerk, proporteth; which clearly evinceth
that these 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 generall acts out of it, if it were not an
approbation thereof, 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 Iames Carmichel,
subscribed by himself, and Master Iames Richie, there are sundry acts
and passages quotted out of the said fifth great Volume, saying, It
is written in such a page of the book of Assembly, which agreeth in
subject and quottations with the said fifth book, and cannot agree
with any other; so that Master Iames 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 authentic 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 presupponed
that any will attempt that high wickednesse, seeing the inducements
answerable 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
Kingdome 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 speciall
providence are preserved so intire, that in the judgment 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 disconforme
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, conforme to the register, and have no force, so far
as it debordeth there-from; 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 throughly, 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 Hadingtoun, &c.
II. From the want of a lawfull calling, to these who went to that
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.
IIII. From the power of these 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 matter whatsoever, the decision whereof
is pertinent, and proper to a free generall Assembly. Fourthly, If
anything 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, preceeding itselfe: and that Assembly
wherof 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 estate,
counsellours, 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 Presbyteries, 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 Presbyterie 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 that 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 registrat 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 sundrie
severall Presbyteries then three, as five from Brechen, five from
Arbroth, five from Kirkcubright, seven from the Presbytery of Argyl,
foure from the Presbyterie of Cowper, foure from Linlithgow, foure
from Pasley, foure from Hammiltoun, foure from Drumfreis, foure from
Dunkell: as the register of that Assembly beareth.
II. There were 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 consent 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.
IIII. 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 gentlemen voters without
commission from the Kirk. Mr. 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 registrat 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 wore no ruling Elders having commission from their
Presbyteries at that Assembly.
IIII. 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, acknowledgeth
it was but a meeting, wherein disgrace was offered to his Majestie.
IIII. 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.
III. No formall election of their new Clerk.
IIII. There were five whole Dyocies absent, viz. Orknay, Cathnes,
Rosse, Argyll, and Isles; and many Presbyteries had no Commissioners
there, as the register of that pretended Assembly beareth.
V. There were nineteen noblemen and Barrons, eleven Bishops, that
had no Commission from the Kirk. Whereas the act for constitution
of Assemblies, ordaineth every Burgh to have but one Commissioner,
except Edinburgh, which may have two, (Act at Dundie 1597) yet in that
pretended Assembly, Perth had three Commissioners, Dundie had two,
Glasgow had two, and St. Andrews had two: Of the Burghes there were
thirtie six absent: and for ruling Elders, there were none at all with
commission from their Presbyteries. All these things are cleared by the
records of that pretended Assemblie.
VI. The Commissioners from some Presbyteries exceeded their number,
prescribed in the act at Dundie, 1597: for the Presbyterie of
Arbroth were foure Commissioners, and foure for the Presbyterie
of Aughter-ardour: Beside these that were heard to vot, having no
commission at all, and some who had commission were rejected, and were
not enrolled, but others put in their place without commission.
VII. The pretended Bishops did practise some of the articles to be
concluded there, before the pretended Assembly, in Edinburgh, St.
Andrews, and other cathedrall Churches, by keeping festivall dayes,
kneeling at ye Communion. Thus their voices were prejudged by their
practise of these articles before condemned by the Kirk, and therefore
they should have been secluded from voicing.
VIII. In all lawfull Assemblies, the voicing should be free: But in
this pretended Assembly there were no free voicing; for the voicers
were threatned to voice _affirmativè_, under no lesse pain nor
the wrath of authoritie, imprisonment, banishment, deprivation of
ministers, and utter subversion of the state: Yea, it was plainly
professed, that neither reasoning, nor the number of voices should
carie the matter away: Which is qualified by the declaration of many
honest old reverend Brethren of the ministery now present.
IX. In all lawfull Assemblies, the grounds of proceeding were, and used
to be, the word of God, the confession of Faith, and acts of former
generall Assemblies. But in this pretended Assembly, the ground of
their proceeding in voicing was the Kings commandment only: For so the
question was stated: _Whether the five articles, in respect of his
Majesties commandement should passe in act, or not:_ As the records
of that pretended Assembly beareth, where it is declared, that for
the reverence and respect which they bear unto his Majesties Royal
commandements, they did agree to the foresaids articles.
X. Many other reasons verifying the nullitie of all these Assemblies,
were showen and proven before the Assembly, which needeth not here to
be insert.
* * * * *
Act. Sess. 13. December 5. 1638.
_Against the unlawfull oathes of intrants._
The six Assemblies immediately preceding, for most just and weightie
reasons above-specified, being found to be unlawfull, and null from the
beginning: The Assembly declareth the oathes and subscriptions exacted
by the Prelates of intrants in the ministerie all this time by past
(as without any pretext of warrand from the Kirk, so for obedience of
the acts of these null Assemblies, and contrare to the ancient and
laudable constitutions of this Kirk, which never have been nor can
be lawfully repealled, but must stand in force) to be unlawfull and
no way obligatorie. And in like manner declareth, that the power of
Presbyteries, and of provinciall and generall Assemblies, hath been
unjustly suppressed, but never lawfully abrogate. And therefore that it
hath been most lawfull unto them, notwithstanding any point unjustly
objected by the Prelats to the contrare, to admit, suspend, or deprive
ministers, _respectivè_ within their bounds, upon relevant complaints
sufficiently proven, to choose their own Moderatours, and to execute
all the parts of ecclesiasticall jurisdiction according to their own
limits appointed them by the Kirk.
* * * * *
Act Sess. 14. December 6. 1638.
_Condemning the Service-book, Book of Canons, Book of Ordination, and
the high Commission._