command, which had given liberty to them to proceed in the tryall of
such things as were needfull to be performed reformed. And his Majesty,
by his proclamacon, had declared that, if any of his subjects shall or
have presumed to assume to themselves any unlawfull power, they should
be lyable to triall; and, therefore, they conceived that whatsoever
should be concluded in this Assembly, should be halde as proceeding
from a lawfull Assemblie. The Marquesse thereupon commanded the
Assemblie to rise, which they refusing, hee himselfe arose and left the
Assemblie.
After the Marquesse was departed, the roll was given to the Clerk, who
called every man particularly by his name, and desired them to declare
their opinions on these 4 particulars:—
1—Whether the Assembly were lawful or not?
2—Whether the Assemblie were competent judges of the Bishops?
3—Whether they would allow of the Bishops declynator or not?
4—Whether they would adhere to their Commission of Faith, and contynue
still and hold on in the Assemblie?
Every man particularly concluded, That the Assembly was lawful:
That they were competent judges: That they would not allow of the
declynator; and, That they would adhere to the Confession, and contynue
the Assemblie, except Sir John Carnegie, Mr Patrick Mackgill, and 3
other Ministers.
1.—The first of December, (after calling on the name of the Lord,) Mr
Robert Blaire, Mr James Hamilton, Mr John Mackclagvell, and Mr John
Livingston, being demanded, why they came out of Ireland, and whether
they were under the censure of the Church or not? They declared the
cause of their comeing from Ireland, was because they refused to
embrace, subscribe, and sweare to the Service-Booke of Ireland, and all
the corruptions that were in that Church.
2.—The Earle of Argile, this day, left the Councell and came to the
Assemblie, and declared, That he had subscribed the Confession of the
ffaith with the Lords of the Councell, and found himselfe as farr
obliged by subscribing the Kings Covenant as anie that had subscribed
the National Covenant; and that hee subscribed the same as it was sett
down in anno 1581, and not otherwise; and, therefore, desired the
Assembly to goe on wisely in the matter of reconciling and explayning
the Covenant. Whereupon the Assembly desired him to stay and bee an
assistance and eye-witnesse of their proceedings, which hee both
promised and performed.
3.—The 3d day of December, many complaints was given in against
the Archbishops and Bishops, and especially ane libell against the
Bishop of Galloway, conteyneing 8 or 9 sheets of paper; whereupon
a Committee was chosen of noblemen, gentlemen, and ministers, to
hear the approbeicon, and to exawmine the truth of the matters which
were charged against the Bishops, and to give an accompt of their
proceedings unto the Assemblie.
There was likewise appointed another Committee to fynd out the errors
of the Service-Booke, Booke of Cannons, Booke of Ordinaicon and High
Commission, and to give sufficient reasons why they were rejected; and,
lastly, there was a Committee for the explanacon and reconciliacon of
the Covenants.
4.—The 4ᵗʰ of December, (after calling on the name of the Lord,) the
Earle of Argyle produced a letter sent unto him from some of the
Lords of the Councell, wherein were these words, (viz.)—Your Lordship
knowes that wee subscribed the Covenant upon noe other condition than
you did—that is, as it was subscribed in anno 1581. And the Earle
of Montrose also declared that the Earle of Wigton (another Privy
Councillor) had written the same unto him, and desired him to signifie
it unto the Assemblie, and 7 or 8 Councillors and noblemen afterwards
sent the like declarations to the Assembly.
Those who had beene appointed upon the Committees appeared, and
declared that they had begun upon their employments, but had not ended,
because it was a worke that required more then one or two dayes labour,
but promised to proceed with all care and diligence.
5.—The 5ᵗʰ of December, (after calling on the name of the Lord,) sundry
complaints and processes were produced against Mr David Michell, Mr
Gladstons, and Doctor Panter, for Arminianisme, whose libells being
read, every one of them was 3 severall tymes called in the Assembly,
and 3 severall tymes called at the doore, to come in and appeare,
and answer to the things given in against them; but, none of them
appearing, Mr David Dixon and Mr Robʳᵗ Baily, were ordayned to make an
oracon the next day to refute those Armynian points whereof Panter,
Michell, and Gladstons were accused, that they might proceed against
them. And, in the meanetyme, a Committee was appointed to heare, and
see, and exawmine these things alleadged against the said parties.
6.—The 6 of December, Mr Dixon made a speech, wherein he refuted fully
all those Armimian points which had beene preached by Mr Michell and
the other two; and Mr Andrew Ramsay made another speech, that hee
(being one of the Committees) and the rest of the Committees, had
seene, read, heard, and considered the things wherewith Michell and
the rest were charged, and found them fully proved. Whereupon, by
whole consent of the Assembly, Mr Michell and the other two were quite
deposed and deprived of their office in the Church.
After this, Mr John Hamilton declared to the Assembly, That the Laird
of Blackhall (a Councellor) had requested him to tell the Assemblie,
that his subscribing of the Kings Covenant could be noe hindrance to
their proceedings, but rather a furtherance, to cause him to doe what
lay in his power for them; and that hee would come himselfe to the
Assemblie and make his declaracon thereof unto them.
Lastly, the Commissioners for Edinburgh told the Moderator, that the
people of Edinburgh having heard that some of their Ministers having
subscribed the Bishops declynator, and, therefore, they would not
suffer the said Ministers to preach anie more unto them. Therefore
they desired to have it voted in the Assembly, Whether it were lawful
to depose the saids Ministers, and to employ others to preach in their
places? which was taken into deliberacon against the next meeting.
7.—The 7ᵗʰ day of December, the Bishop of Orkneys sonne delivered a
letter from his ffather vnto the Moderator, signifieing that hee was
willing to vndergoe what they pleased to impose vpon him, and submitted
himselfe wholy vnto the said Assembly to dispose of him and his place
and calling as they pleased.
The Committee for the Covenants returned answer, That they had
reconciled them both to one effect and meaning, and that the Covenant
in anno 1581 is more prejudicall then the other.
* * * * *
[The abbreviate of the Proceedings, which is in the Advocates’
Library, of which the prefixed is a copy, terminates on the 7th
of December; and annexed to it are the Acts of Deposition passed
against the Prelates, and an “Index of all the Principal Acts of the
Assembly holden at Glasgow 1638,” at the end of which there is a
docquet subjoined. The “Index” referred to being more full than any
of the copies that are to be found in the printed Acts, it is here
adopted as by the docquet authenticated by the Clerk of Assembly. The
official abbreviate being thus defective to a certain extent, we are
induced to fill up the chasm by adopting, as a supplement to it, an
abridged account of the actings after the 7th December, from “Balfour’s
Annales,” vol. ii., p. 209, _et sequen._]
* * * * *
8 December, Sessio 16.
Saterday, after much reiding of papers and dispute anent the lawfullnes
of Episcopacey in this churche, at last the questions was stated
thus:—Quhither, Episcopacey was abiured in our kirke by the confession
therof, and could be remoued? All in one woyce remoued the same, as
abiured, neuer heirafter to be established.
10 December, Sessio 17.
The 5 artickells of Perth is, by the assembley, in one woyce totally
abiured and remoued.
The Bischopes of Edinbrughe, Aberdeine, Rosse and Dumblaine, wer all
of them depossed from aney function in the kirke, and excommunicat.
Dumblaines crymes, by thesse that wer generall to all the bischopes,
wer Arminianisseme, poperey and drunkennesse.
11 December, Sessio 18.
Tuesday Mr George Grhame, Bischope of Orcades, his lybell read, and he
deposed; no excommunication againist him, becausse of his submission to
the assembley.
Mr Johne Guthrie, Bischope of Murray, deposed; and if he acquiessced
not with the said sentence and made his repentance, to be excomunicat.
Mr Patrick Lindesay, Archbischope of Glasgow, his lybell read, and he
deposed and excomunicat.
Mr James Fairlie, Bischope of Argyle, his lybell read, and he deposed;
and if he did not acquiesse with his sentence and repented, to be
excommunicat.
Mr Neill Campbell, Bischope of the Iles Hybrides, his lybell read, and
he deposed.
12 December, Sessio 19.
Vedinsday, after the depriuatione of Mr Thomas Forrester, minister of
Melros, Mr Alexander Lindesay, Bischope of Dunkelden, his lybell being
read, the assembley did deposse him from the office of bischope, and
suspendit him from the office of ministrie, and exercisse therof; bot
to be receauid therto againe vpone his repentance, manifested to the
presbeteries of Dunkelden and Pearthe, and wpone his prowyding of the
kirke of Dunkelden at the sight of the presbeterey.
After Dunkelden, Mr Johne Abernethy, Bischope of Cathnes, receaued
sentence of deposition from his office of episcopacey, and he to be
receaued in the office of the ministrie wpon his publicke repentance,
to be made in the kirk of Jedbrugh.
The sentence of excommunicatione, aganist diuers of the bischopes, wes
publickly read, and by acte of the assembley, ordained to be pronounced
tomorrow by the moderator in the heighe kirke, and therafter to be
intimat by the ministers and readers of all kirkes.
13 December, Sessio 20.
Noe more done this day, bot the sentence of the bischopes
excommunication solemley pronounced by the moderator, Mr Alexander
Hendersone, after a sermon preached by him, one the 1 versse of 110
Psalme.
14 December, Sessio 21.
Ther came this day, a letter to the assembley from the Earle of
Vigtone, directed to the Earle of Montrosse, wich read publicikly in
the assembley, desyrinng him to declare in his name, that he subscriued
to the confession of religion, in doctrine and discipline, as it was in
Aᵒ 1580, and that he wold defend the same with his bloode.
Fyue ministers wer deposed this day, viz.
Mr William Hannay, Minister at Aire;
Mr Androw Rollock, Minister at Dunce;
Doctor Robert Hamilton, M: at Glasfurd;
Mr Tho: Rosse, Minister at Chanrey.
Mr Henrey Scrymgeour, Minister at St Fillans, in Fyffe, for
fornicatione.
15 December, Sessio 22.
This day, the Earle of Vigton declared himselue, in face of the
assembley, conforme to his letter read in assembley, and directed to
the Earle of Montrosse.
16 December, Sessio 23.
Order takin this day by the assembley, for commissions in all quarters
of the kingdome, for cognoscing of proces presentlie depending befor
the assembley aganist ministers, and to deceid therin; they to sitt
doune at Edinbrughe first, the 26 of December instant, 1638; and at St.
Andrewes, the 20 of Januarij therafter, in Aᵒ 1639; and from thence to
Dundie, the 4 of Februarij, 1639.
17 December, Sessio 24.
Ten actes, and one referance past in assembley this day.
18 December, Sessio 25.
Ther was giuen in to the assembley, ane anssuer to the declinator
and protestation of the bischopes, also to the Kinges Commissioners
protestation.
Three commissions, anent complaints aganist ministers in the southe and
northe, exped this day.
Acte, that all tytills of dignity, as deans, subdeans, chanters,
flowing from the canon law and pope, are abolished in tyme cominge.
Acte, that no marriage be without thrysse proclamation, as the booke of
discipline bears, wich is not absolute, bot excepts in knowin necessity.
Acte, that no interments be in kirkes; and that ther be no funerall
sermons, as tending to superstition.
Acte, anent the maner of tryell of the expectents of the ministrie.
Mr Archbald Jhonston, clercke of the assembley, elected to be
procurator for the kirke, and Mr Robert Dagleische to be agent; and
fees appoynted for them.
19 December, Sessio 26.
This day was read the draught of a suplication to be made by the
assembley to the Kinges Maiestie, for his approuing, in the ensewing
parliament, of ther procidinges and decrees.
Commissioners appoynted to the parliament, from the generall assembley
of ministers; noblemens eldest sones and barons from all quarters, with
thesse follouing propositions:—
First, That the præuilidges of the kirke be rattified, and ther power
in holding generall assemblies.
2d. That the constitutions of the generall assembley be ratified.
3d. That presentations of kirkes be made by the patrons to the
presbeteries, with power to them of collation.
4to. For augmentation of kirkes small stipends, lying in bischopericks
and otheres.
5o. That no aduocation pas to counsell or session, from presbeteries
and shyres, to hinder or impeade the censure of the kirke.
6o. That visitatione be made of colledges, by commissione from the
parliament.
7o. That some few lynnes, by authority of parliament should be addit to
the couenant, to be subscriued by all suche as heirafter should enter
wnto the same.
Acte declaring ciuile places of kirkmen in counsaile, session, justice
of peace, &c. woycinng in parliament, &c. all to be wnlawfull, and they
recindit and anulled all former actes making the same lawfull.
Acte restoring kirke sessions, presbeteries, synods and assemblies, as
they wer in Aᵒ 1580, in all respectes, and in ther members and elders,
ther numbers and powar.
20 Decembris, Sessio 27.
In this session, ther was diuersse actes past, and transportations of
ministers.
Acte ordaning the generall assembley zeirlie, and oftner _pro re nata_;
as also ordaning the nixt generall assembley to be in Edinbrughe the 3d
Vedinsday of Julij, 1639.
Therafter the moderator discoursed of the worke of reformation in this
kingdome, and Gods workes therein, and of the coursse and progresse
of the assembley; to this same purposse spake eache of them after ane
other,
Mr Androw Ramsay,
Mr Dauid Dicksone,
Mr Robert Blaire,
Mr Androw Cant.
The Earle of Argyle, also, by occasione of speeiches wich fell from the
moderator, spoke to the assembley of his longe delay and bydinng out,
and not ioyning to the couenanters, not (said he) for want of affection
to the good causse, bot to doe more good; wich, quhen it failled, he
could byde no longer oute from them with the other syde, excepte he had
beine a falsse knaue. He exhorted ministers to doe ther dewtiey, and
to be respectiue of authority; also the ministers to peace and vnity
amongest themselues.
Therafter the moderator clossed the assembley with prayer, and singinge
of the 133 psalme, wpone the 20 day of December, 1638, being Fryday,
about 6 a clocke at night.
* * * * *
AN INDEX _of all the_ PRINCIPALL ACTS _of the_ ASSEMBLY _holden at_
GLASGOW 1638.
1.—An Act for registring sundrie protestations betwixt the marryners,
[“between the Commissioner’s Grace and the Members of the
Assembly.”—_Printed Acts._]
2.—An Act for the election of Mr Alxʳ Henrison to bee their Moderator.
3.—An Act for admitting Mr Archbald Johnston to bee the Clerke of the
Assembly, and producing and keeping the Registers of former Assemblies
which were preserved by Gods wonderfull providence.
4.—An Act of disallowing anie private conference with the Moderator.
5.—An Act ratifying the authentickness of the Registers.
6.—An Act registring his Majesties will declared by his Commission.
7.—An Act of the Assemblies Protestacon against dissolving of the
Assembly.
8.—An Act annulling the 6 late Assemblies—viz., one holden at Lithgow
1606; another at Lithgow 1608; one at Glasgow 1610; one at Aberdeene
1616; one at St Andrews 1617; and one at Perth 1618; with the reasons
of the nullitie of every one of them.
9.—An Act annulling the oath exacted by Prelats vpon Ministers where
they are admitted into their callings.
10.—An Act deposing Mr David Michell, Minister at Edinburgh.
11.—An Act deposing Mr Alexander Gladstons, Minister at St Andrews.
12.—An Act deposing Mr John Creighton, Minister at Pewisloe.
13.—An Act deposing Mr Robʳᵗ Hamilton, Minister at Glasford.
14.—An Act deposing Mr Tho. Foster.
15.—An Act deposing Mr Wᵐ. Annand.
16.—An Act deposing Mr Tho. Mackenzie.
17.—An Act declaring the abiuring and removing the 5 Articles of Perth.
18.—An Act condemning the Service Booke.
19.—An Act condemning the Booke of Cannons.
20.—An Act condemning the Booke of Ordinacons.
21.—An Act condemning the High Commission.
22.—An Act clearing the meaning of the Confession of the Faith, Anno D
ⁿⁱ. 1580, and abjuring and removing Episcopacie.
23.—An Act concerning the deposing and excommunicacon of the late
pretended Archbishops of St Andrews and Glasgow, the Bishops of
Edinburgh, Rosse, Galloway, Brechin, Dumblane, and Aberdeen.
24.—An Act concerning the deposicon absolutely, and excommunicacon
conditionally, of the late pretended Bishops of Murray, Argyle, Orkney,
Cathness, Dunkeld, and the Iles.
25.—An Act for restoring the Presbyteries, Provinciall Synods, and
Generall Assemblies, to their Constitutions of Ministers and Elders,
and their Powers and Jurisdictions, according as they are contained in
the Booke of Policies.
26.—An Act for erecting a Presbyterie in Argyle.
27.—An Act concerning the Visitacon of Particular Churches, Schooles,
and Colledges.
28.—An Act against Non-Residencie.
29.—An Act concerning the planting of Schooles in every parish.
30.—An Act directing of Presbitery Ministers how to choose their
Moderators.
31.—An Act referring to the competencie of Presbiteries and Parishes.
32.—An Act concerning the Conservacon of Ministers, as in anno 1595.
33.—An Act for Presbiteries to defray the expenses of their
Commissioners.
34.—An Act referring to former Acts for repressing of Poperie and
Supersticon.
35.—An Act referring to Presbiteries the more frequent Celebracon of
the Lords Supper.
36.—An Act against the Prophanacon of the Sabbath, for want of
afternoones exercise.
37.—An Act against Salmon Fishing and Going of Milnes on the Sabbath
day.
38.—An Act against Salt Panns, and such like imployments, on the
Sabbath day.
39.—An Act against Markets on Mondayes and Saturdayes within Borroughs.
40.—An Act setting downe the Roll of Provinciall Assemblies.
41. An Act against those that speake or write agᵗ the lawfulnes of the
Naconal Covenant, or this Assembly and the Constitucons thereof.
42.—An Act concerning the receiving the repentnance, submission, and
admission into the Ministrie of any penetent prelate.
43.—An Act for excommunicating of such Ministers as disobey their
sentence.
44.—An Act against the frequenting with excommunicat persones.
45.—An Act condemning Chapters, Archdeacons, Preaching Deacons, and
such like Popish trash.
46.—An Act against obtruding of Pastors upon people.
47.—An Act against Marriage without Proclamacon of Bands.
48.—An Act against Funerall Services.
49.—An Act for admission of Mr Archbald Johnston to bee Advocate, and
Mr Roberte Dalglassie to be Agent for the Church.
50.—An Act for transporting of Mr Alexander Henderson from Leuchers to
be one of the principall Ministers of Edinburgh.
51.—An Act for transporting Mr Robert Blaire from Ayre to St Andrews.
52.—An Act transporting Mr Andrew Cant from Pitslegoe to Newbottle.
53.—An Act condemning all Civill Offices in the persons of Ministers of
the Gospell, as to bee Justice of Peace, sitt in Session or Councell,
or to vote or ride in Parliament.
54.—An Act for a Commission for examinacon of complaints, to sitt at
Edinburgh the 26 of December next.
55.—Another Commission to sitt at Edinburgh the 22 of January next.
56.—Another Commission to sitt at Irwing the 25 of Jann. next.
57.—Another Commission to sitt at the Chancerie the 29 of Feb. next.
58.—Another Commission to sitt at Kircowbright the 9ᵗʰ of March next.
59.—An Act for the Commission to visite the Colledges of Glasgow and
Aberdeen.
60.—An Act appointing the Commissioners to attend the Parliament with
the Articles which they are to represent there in the name of the
Church vnto the 3 Estates.
61.—An Act ordaineing the Commissioners for Presbiteries and Burroughes
presently to gett under the Clerkes hands an Index and Abstract of all
the Acts, to carry hame with them from the Assemblie to their severall
Presbyteries and Burroughs.
62.—An Act ordaineing the Presbyteries to intymate in their severall
pulpits the Assemblyes explanacon of the Confession of Faith, the Act
against Episcopacie, the Act against the 5 Articles, the Act against
the Service Booke, the Booke of Cannons, Booke of Ordinances, and the
High Commission, the severall acts of deposicon and excommunicacon of
the prelates.
63. An Act discharging all printers not to print anything concerning
the Acts or the proceedings of this Assembly, or anything which
concerns the Church, without a warrant under Mr Archbald Johnstons
hands, as Clerk to the Assembly, and Procurator for the Church, and
that vnder the paine of all ecclesiasticall censure; and this to be
likewise intymated with the other Acts.
64.—An Act ordeyning the Covenant subscribed in Febʳ last to bee now
againe subscribed, with the Assemblyes declaracon thereof; and this to
bee also intymated by all ministers in their pulpitts.
65.—An Act dicharging all subscripcon to the Covenant subscribed by His
Majestie’s Commissioner and the Lords of Councell, which is likewise to
be intimated.
66.—An Act against those which are maliceous agˢᵗ this Church, or
dedyners or disoeclyers of the Acts of this Assembly.
67.—An Act warranting the Moderator and Clerke to give out summons,
upon lawfull complaints, against parties to appeare before the Assembly.
68.—An Act renewing the priviledges of yearly Generall Assemblies, and
oftener, (_pro re nata_) and for appointing the third Wednesday in July
next, in Edinburgh, for the next Generall Assembly.
69.—An Act that none be chosen as Ruling Elders to sitt in
Presbiteries, Provinciall or Generall Assemblies, but those who
subscribe the Covenant as it is now declared, and acknowledge the
constitutions of this Assemblie.
70.—An Act concerning the voting of church-sessions, and tryall of
Expectants.
71.—An Act for representing to the Parliament the necessitie of the
standing of the Procurators place for the Church.
72.—An Act ordayning all Presbiteries to keepe a solemn thanksgiving in
all parishes for Gods blessing and good successe of this Assemblie upon
the first convenient Sabbath.
_Extracted by mee_, Mr ARCHBALD JOHNSTON, _Clerke to the Generall
Assemblie._
* * * * *
=Miscellaneous Historical Documents.=
RELATIVE TO THE ECCLESIASTICAL AND POLITICAL EVENTS IN SCOTLAND,
1633-1638.
Having now presented to the reader the Acts and Proceedings of the
General Assembly 1638, from the most authentic sources, we are now to
submit a collection of illustrative historical documents, which will
be found to corroborate the narrative given in the Introduction, and
to throw much additional light on the period which elapsed from the
coronation of King Charles I., in 1633, till the rising of the General
Assembly on 20th December 1638.
It appeared to be exceedingly desirable to give a concentrated and
connected view of these, in juxtaposition with the Acts of Assembly,
of which they were the precursors and accompaniments; and this the
more especially as, in so far as we have been able to discover, these
are scattered over a variety of rare and expensive books, or unprinted
records, which may be regarded as nearly inaccessible to the great bulk
of the community. These are of peculiar value as explanatory of the
entire chain of events during the period referred to; and they exhibit
by much the most authentic record of the proceedings of all the parties
concerned in these transactions; thus furnishing a body of information
which cannot be found in any single or separate work on the era of
which we treat. It may be proper to mention the chief sources whence
these documents are derived.