assembly at Glasgow, qʳ we know a humble supplication was appointed
to be sent to his graceous Ma., in thankfull acknowledgement of the
benefites qᶜʰ, by the indiction of that Generall Assembly, from his Ma.
pietie and justice, doth redound to all his subjects, and for humble
supplicating his Ma. to continow in his gracious resolution to performe
his royall promise, in holding the Parliament indicted, from his owne
bountie and goodnes, for ratifieing the acts and constitutions of that
Assembly; as the same hath comfortablie refresched his Ma. loyall
subjects, so will they be able to justifie themselves to any impartiall
reader. Therefore we are bold to intreat your Lo. that, by your favour,
our petition may have accesse to his Ma. royall hands, and unfolding
your Lo. judgement, impartiallie to receave the simple trueth, his
Ma. may have better seasoned informations of his loyall and faithfull
subjects’ proceedings, then can be expected from the enemies of this
Church and State, among quhom we shall be verie sorie to reckon your
Lo., tho’ we have too good reason to suspect your Lo. carriage here,
in opposing the most reasonable motions, and justest actions, qᶜʰ did
proceed from ws, quhensoever your Lo. perceaved any of our just demands
in the least measure to be any waves dissonant from his Ma. pleasure.
But quhen we remember your Lo. best arguments ever to have beene more
for satisfieing of his Ma. desires, (oft tymes proceeding from the
Sinistrous information and Calumnies of our enemies, for their owne
ends,) then any other ground or reason quhilk we could find, we are
confident, as your Lordship loves both his Majesties honour, persone,
and authoritie, that yow give reall proofe of it at this tyme, both by
your Lordships meanes, who hes taken so great and insatiable paines in
this bussinesse, his Ma. may know the trueth of our proceedings, that
neither of these may run hazard in our sufferings. We acknowledge it
not to be the leist of our evills, indeed, that our graceous Soveraigne
lives at such distance; for, be the fountaine never so pure, the
streames may, and oft tymes are, corrupted, before they can run so
farr, if the channell be not verie cleane, qwhich, to our great greefe
and prejudice, hes beene wanting to our actions this long tyme; and
if it be not supplied tymouslie by your Lo., both out of your duetie
to our King and Countrie, we may, by interposition of our adversaries
malice and power, as ecclipsed from the beames of his Ma. favour, be
the first sufferers. But his Ma. cannot but find his owne losse, by
sympathising with his loyall subjects in the so much threatned ruine
of this his native and antient Kingdome; and we will never beleive
that such thought can possesse the heart of so gracious a King, But
are confident, when the trueth of all out actions shall, without any
by respect, (as we take God to witnesse, we had no other end but for
his divine glory, and the honour of our King,) be made knowne, and
pondered in the ballance of his Ma. righteous judgement, our fidelitie
and loyaltie shall appeare; and his Ma. gracious dealing, in adding the
Sanction of his royall auctoritie and Civill law, by Parliament, for
corroborating the religious constitutions of that late and most lawfull
nationall Assembly of this Kirk, will be a most evident demonstration
of his Majesties pietie and justice to the discoverie of his secrete
enemies, the comfort of all his loyall subjects, and his Majesties
never dieing glorie; for all quhich ends, and for expressing our duetie
and obedient respect to his Majestie, we could excogitat nothing more
conduceable then, by that humble supplication, heartilie to acknowledge
our thankfulnes for the effects of his foregone favour and bountie, and
humblie to crave that his Majestie may, for establishment of religion,
joyne the authoritie of Civill law, as the strongest bond of our
obedience; and we hope that your Lordships affection to religion, your
countrie, and your respect to his Majesties honour, and the equitie of
our desires in a bussines deserving the greatest, and beseeming the
best affected, instruments, will be sufficient motives to make your
Lordship contribute your best endeavours for settling such a solide
peace in this Kirke and Kingdome, as may preserve that love and heartie
obedience dew to his Majestie; qᶜʰ is and shall be the sincear and
earnest desire of
Your Lordships humble Servants.
* * * * *
=Report of Proceedings=
OF THE
GENERAL ASSEMBLY AT GLASGOW, 1638.
Having, in the foregoing pages, given an account of the occurrences
which preceded this memorable Assembly, and reprinted front the
authentic edition, the principal Acts which it passed; and, having
superadded thereto, an abstract of various proceedings not embraced
in any copies of those Acts hitherto published, as well as an ample
collection of historical documents therewith connected, we shall
further add to these particulars, a detailed Report of the whole of the
discussions that took place from the first meeting on 21st November to
the dissolution of it on 20th December 1638.
For the valuable MS. whence this Report is taken, we are indebted to
the politeness and liberality of Mr J. Smith, youngest, of Glasgow. It
forms a portion of a volume of MS.S. belonging to Stirling’s Library in
that city, which also contains a similar report of the proceedings in
the subsequent Assembly of 1639, and various other curious documents
relative to that period of the Church’s history. The hand-writing
may be referred to the period of the Assembly, or the middle of the
seventeenth century; and from several markings on the volume, in the
handwriting of Wodrow, which is well known, it appears to have at
one time formed a part of his valuable collection of historical and
ecclesiastical records. The volume may be referred to as “The Folio
Manuscript.” Of its subsequent history we have no information; but from
all its characteristics we consider ourselves warranted to assume that
it possesses a high degree of authenticity. The volume referred to is
marked “Stirling’s Public Library, c. i. 11,” and in the index prefixed
there are the following items:—
“_Imprimis_—a Collection of Petitions, Remonstrances, Narrationes,
Speeches, and other peapers, published in the beginning of our troubles
in 1636, out of which may be gathered a perfect historie, yʳ of—from
folio 1 to 94.”
“_Item_—the Sessions, Actings, and Canons of the 2 Genˡˡ Assemblies
holden att Glasgow & Edinburgh, the one in 1638, yᵉ oyʳ in 1639,
containing att great length everie thinge that past, ather spoken or
done yʳ in: This takes up till folio 312.”
It is from the record thus described that the following report is
extracted.
Before the MS. which we have adopted had come into our hands, Mr David
Laing, librarian of the Writers to the Signet, had kindly communicated
another and similar report, but wanting several leaves both at the
beginning and end; and we were in hopes ere now to have had also in
our possession a third MS. belonging to Mr Simpson, schoolmaster of
Corstorphine, from which Dr Aiton states he took his account of the
Assembly 1638, that is given in his Life of Henderson. Circumstances,
however, have occurred to prevent this; but we are enabled, on the
authority of Professor Fleming, of Glasgow College, who has collated
these MS.S., to say that it coincides entirely with the Stirling’s
Library Copy. Mr Laing’s copy seems to have at one time belonged to
Dr Boog of Paisley: Mr Simpson’s was found in the repositories of a
deceased brother, who was a preacher of the Secession communion; but
we have not been able to learn any further particulars than those now
mentioned, with respect to the several MS.S. referred to. The one which
we subjoin, however, and the other documents that we have collected,
will, we trust, render the present, on the whole, the most complete
account of the Glasgow Assembly which has ever yet been published.
In addition to the documents contained in the “Large Declaration,”
“Burnet’s Memoires of the House of Hamilton,” and “Balfour’s Annales,”
we have to acknowledge the accession which we have obtained of some
of the earlier edicts of Charles I. and the Scotch Privy Council,
derived from the original record—an obligation which we owe to Mr A.
M‘Donald of the Register House, and which we prize the more, because
these documents have been _suppressed_ in the various works to which
we refer. To the Rev. Mr M‘Crie, too, we are indebted for the use of a
Collection of Documents which belonged to his distinguished father,
from whence we have gleaned several important writs, the authenticity
of which is established by the duplicates attested under the hand
of Archibald Johnston, the Clerk of the Assembly 1638, still in the
repositories of the Church.
* * * * *
[November 21, 1638.]
The first day, the Commissioners from the King and Kirke being
conveined, after prayer be Mr John Bell, Moderatour, agried upon
till a moderatour was chosen, The King’s Commission to the Marqueis
was [read], next the Commissions from 66 severall presbitries wer
given into the Clerkes sone of the former Assembly, together with
the Commissions from townes and colledges, and the names of the
Commissioners red.
Sess. 1.[136]
After in calling vpon the name of God, The Kings Commissioner requyred
that the Commissions might be examined before a Moderatour should be
chosen, least some men should voit in chooseing a Moderatour, who wer
not instructed with a sufficient Commission.
It was answered be the Earle of Rothes, Lord Loudoun, Mr Alexʳ
Henrysone, Mr David Dick, and Mr Wᵐ Livingstoun, that a Moderatour
behoved first to be chosen, before the Commissions could be examined,
for thir reasons:—A Ecclesiasticall Moderatour should be chosen by the
suffrage of such as have given in their Commissions for the Kirke and
Burghes before particulars can be tryed—first, becaus this is the order
and practise of the Kirke of Scotland. 2 reason, It is agrieable to
reason, that the Assembly should descend by degries to the constitution
from a promiscuous convention, to a number instructed with commissions
from the severall Kirkes of the kingdome, vnto whose commission that
much respect is due, that they may be presumed to be, for the most
pairt, valide and worthie, at the least [to] have a voice in choyseing
of a Moderator to themselves, by whose meanes everie commission may be
more exactlie tryed. 3 reason, It is one of the poynts of the freedome
of the Assembly, that the Commissioners from the Kirkes and burghes
choyse their owne Moderatour, incontinent after the exhibition of the
Commission, least any thing which concernes them be done inordourly or
without the consent in the meeting where they are present. 4 reason,
The Tryell of the Commissions is one of the worthiest matters of the
Assembly, and never were there any discussion of the validitie of them
before a Moderatour was chosen, and the judicatorie brought to a frame,
so farre as the whole might judge of everie pairt; nor can they be
discussed till the propper judicatorie be ance sett in a tollerable
maner, which be the lawes hes authoritie to judge thereof. 5 reason,
It was required in all the supplications for a free Assembly, that
the questions belonging the maner and matter of Assemblies, should be
referred to the Assembly it selfe; and, now a free Assembly is granted
and indicted, therefore a formall Assembly must ance be made before
any ecclesiastick question belonging to the Assembly can be rightlie
discussed, which cannot be done till a Moderatour be chosen by common
consent of the Kirke conveened. 6 reason, Seeing it is certaine, that
these who are come doe represent the Kirkes from which they are come,
and are instructed so well as they could be their knowledge, it were
wrong done to the Kirkes conveened, not to suffer them to begin their
owne incorporation, and to draw their oune Members to some ordourlie
frame that at the first entrie they may proceed ordourlie. 7 Reason,
Whatsomever reason can be alleadgit why the Commissions cannot be
postponed to the chooseing of the Moderatour, will be more valide
to prove that they cannot be discussed before the chooseing of a
Moderatour. 8 Reason, _Progressus erit in infinitum_.
My Lord Comʳ his Grace gave way to the chooseing of a Moderatour,
provyding it shall no wayes import his Graces acknowledgement of the
votters, or such as shall be meit, or any of them, to be lawfull
Members of this Assembly. But it shall be lawfull to his Grace, or
any other at convenient tyme, to say they cannot be lawfull Members
thereof; whereupon his Grace took acts and Instruments, as likewayes
protested in name of the Archbishops and Bishops of this Kingdome,
that no nomination or election of a Moderatour, Commissioner, or other
Member of the said Assembly, made or to be made, nor the receaving,
admitting, or allowing of any pretendit nomination, election, or
Commission, before, to, or at the said Assembly, past or to be past in
favours of or in the behalfe of any Member thereof, shall prejudge them
or any of them in their place, voit, office, jurisdiction, dignitie, or
priviliedge belonging to them or any of them, be whatsomever laufull
right or custome, but that the same shall remaine to them, and everie
ane of them, safe and inviolable, notwithstanding of anything done
or to be done at the said Assembly; whairupon the said Commissioner
his Grace tooke acts and Instruments. Farther craved ane other paper
presented be Doctor Hamilton, in name of the Bishops, to be read
publictlie, quhilk being refuised, the said Commissioners Grace
protested, tooke acts and Instruments: farder, the said Commissioners
Grace declaired that his Majestie had appoynted six noblemen, his
Assessours, to repair to Glasgow, and to have voit in the said
Assembly; and for that effect his Majesties Letters, directed to them,
was produced; and accordinglie his Grace desired that, before any
voting of the Moderatour, it should be condiscended that the foresaid
Assessours should have voit, conforme to his Majesties Letters, which
being refuised, his Grace protested and tooke acts and Instruments.
Farder protested that the Bishops, who were authorized be act of
Parliament, are called pretendit Bishops.
* * * * *
_The Protestation of the Commissioners fra Presbitries, Burghes, and
Universities, and of the Complaints against Prelats._
We Commissioners of Presbitries, Ministers, and Elders, Commissioners
of Burghes, and Universities, in our owne name, and in the name of
the whole Church of Scotland, whom we represent, That whereas his
Majesties Commissioner protested that he gave way to the chooseing of
ane Moderatour, without acknowledging of the voits of any of them to be
lawfull members of this Assembly; but that it be lawfull to him or any
other to say, at convenient tyme, why they cannot be lawfull members;
We protest that this protestation made be my Lord Commissioner his
Grace, be no wayes prejudiciall to the lawfull commissions produced be
Ministers, Elders, and Commissioners of burghes and vniversities, qˡᵏ
shall be allowed unto this Assembly, nor unto the freedome thereof, nor
be any ground of quarrelling this Assembly and the proceedings thereof,
in any time comeing; but, on the contrare, seeing we offer to heare all
objections in a competent Assembly, at the discussing of the particular
commissions.
We protest that this Assembly, now fenced in the name of the Sone
of God, be esteemed and reputed a free Generall Assembly in all
tyme comeing, and that it shall be lawfull to us to extend this our
protestation, and insert the reasons thereof, in any tyme before the
dissolving of this Assembly; whereupon we tooke instruments.
Lykeas we Commissioners of Presbitries, Burghes, and Universities in
manner foresaid, That qʳas his Majesties Commissioner, in name of the
Archbishops and bishops of this Kingdome, protested that no nominatione
or election of Moderatour, no allowance of any pretendit commission
in favours of any Members of this Assembly, nothing done or to be
done in this Assembly, past or to be past, shall prejudge them in
their voit, office, jurisdictione or dignitie belonging to them, be
whatsomever law or custome: We Protest against this protestation of
his Majesties Commissioner made in favours of the pretendit bishops
and their pretendit priviledges in this kingdome, untill they and yʳ
rights and priviledges now complained upon be the most pairt of this
Kingdome in yʳ summonds, as usurpations, contrare to the word of God,
Confession of faith, doctrine and discipline of this Kirke, to be tryed
and allowed or disallowed in this Assembly, and that the determination
yʳof therein, according to the word of God and Confession of faith, be
esteemed and observed, and most just and lawfull; and we protest in
favours of the liberties, priviledges, and discipline of this reformed
church, and freedome of this Assembly in all ecclesiasticall matters,
conforme to the Confession of faith and Covenant of this Kingdome,
renued with the Lord, and for libertie to extend this protestation, and
the reasons thereof, before the dissolving of the Assembly; qʳupon we
tooke Instruments.
Lykeas We Noblemen, barrones, Ministers, burgesses, and Commouns,
subscribers of the Covenant and persuers in the Commoun Complaints
and Summonds against bishops, Protest that the Commissioner his
Graces nomination of them, the Lords of the Clergie, and protestation
in favours of yʳ calling, voits, dignitie, priviledges, be no wayes
prejudiciall to the Covenant subscryved be us, to the policie of the
Kirke, nor to our Summonds and Complaints against these our pretendit
dignities, titles, and callinges, as contrare to the Confession
of faith and word of God, nor to the freedome of this Assembly in
their trying and discussing of our said Complaints; and we protest
for libertie to extend this protestation; qʳupon we take acts and
Instruments.
Lykeas, We Commissioners for Presbitries, burghes, and Universities,
That qʳas his Majesties Commissioner having craved ane paper, presented
be Doctor Hamilton in name of the Bishops, to be red publictlie, being
refuised, did protest and take Instruments, We protest that before ane
Assembly was constitut, and the Moderatour chosen, we would heare no
supplications, billes, nor protestationes, but after the constitutione
of the Assembly we should heare the same and give them an answer, and
protested that they might be there personallie present for to answer to
the Summonds and Complaints against them, with libertie to adde yʳupon
and tooke Instruments.
Lykeas, quhensoever his Majesties Commissioner protested against our
protestations, both the Commissioners from burghes and universities
on the ane pairt, and the persewars and the Complainers on this, have
renued their protestation against the Commissioners protestations:
We Commissioners from Presbitries, Burghes, and Universities, That
quhereas his Majesties Commissioner produced his Majesties Letter to
Six Noblemen for to be his Assessours, and accordinglie desired that
the foresaid assessours should have voit according to his Majesties
Letter, and protested upon the present refusall of it before the
election of a Moderatour, we protested, that seeing his Grace was his
Majesties sole Comʳ, that none should have voit but the Commissioners
from Presbitries, Burghes, and Universities, for thir reasons, qˡᵏˢ we
are readie to shaw, for thir reasons to the Assembly being constitut
after the election of a Moderatour, and protested for libertie to
extend their owne protestation, and insert the reasons thereof any tyme
before the dissolution of this Assembly: qʳupon we tooke Instruments,
and yʳafter gave in the reasons following.
* * * * *
Concerning the voiting of his Majesties Assessours in the Generall
Assembly.
With that respect which we ought to his Majesties Commission, and to
the persons and places of the pryme Noblemen and Counsellours, his
Grace his Assessours, for the preservation of the libertie of the Kirke
of Jesus Christ, in this his Majesties Kingdome of Scotland, we the
Commissioners from particular Presbitries, Universities, and burghes,
here solemnlie assembled, in all humilitie, doe remonstrat that his
Majesties Commissioner and Assessours can have but ane voit, in all
matters treated and reasoned in the Assembly, for the reasons following:
1. Becaus the Generall Assemblies, in the matter of it, is ane
ecclesiasticall meeting of persons ecclesiasticall, Ministers and
Elders, representing the whole particular persons and presbitries
quhilk collectivelie cannot convenientlie or possiblie conveine, and
the Christian Magistrat doth not so much multiply voits for himselfe,
as by his power, auctoritie, and command, and provyde that every
particular Commissioners voit be asked and heard in order and quyetnes,
that thereby the judgement of the Assembly, in everie poynt presented
to their consideration, may be knowne.
2. We have had 39 Assemblies of this Kirke, without the presence of
the Kings Majestie or any Commissioner sitting in the Assembly in his
Majesties place.
3. It is not to be supposed that his Majesties Comʳ should have moe
voits in his Ma. personall absence, then if he were in sacred persone
present, since, _jure representationis_, they are all but ane, and
ought to voit as ane.
4. This might prove contrare to his Ma. graceous intention, very
prejudiciall to the libertie of the Kirke, there being no determination
of the number of voits, for thus his M. affirmative voice might be
turned in a negative; neither doth this Kirke want experience of this
great danger.
5. As assessours sent from particular presbitries for assisting, thir
Commissioners have no place to voit, so it is to be supposed that these
assessours, appointed to attend his Majesties Comʳ, are only to give
their advice and assistance unto his Grace in the great affaires of the
Assembly, that all matters may be orderlie and peaceablie disposed. 6.
Although we doe not pry narrowlie into his Majesties Commission, yet
since we perceave it is granted to the Marqueis of Hamiltoun as his
Majesties sole Commissioner, we cannot admitt that any be equall to his
Grace in voiting in the Assembly.
7. As the Ecclesiasticall Moderatour, be the Acts and practise of
this Kirke, hath some Members of the Assembly joyned to him to be
assessours, who yet thereby have no further power granted to them than
they had before be their Commission, so it is with _preses politicus_.
And whereas, his Majesties Commissioner protested that the bishops who
were authorised be Acts of Parliament were called pretendit bishops,
the complainers against bishops protested that such they were and such
they should be esteemed and called, conforme to the summonds; and the
Commissioners from presbitries, burghes, and universities, protested,
that they should be so called till the complaints against them for the
samen should be discussed, with libertie to adde; whereupon they tooke
instruments.
* * * * *
The Moderatour for the tyme having declaired that the constitution of a
Moderatour must be the first act, and goe before the act of examination
of the Commissions, he puts upon the leitts Mr John Ker, Mr John Row,
Mr James Bonar, Mr Wᵐ Livingston, and Mr Alexʳ Hendersone: the leitts
being approven, and Mr Alexander Hendersone was chosen Moderatour be
the voits of all the voits, not ane contrare except his oune.
* * * * *
Sess. 2.
[November 22.]
After in calling upon the name of God,
The Moderatour craved that a list might be given for chuseing of a
Clerk.
The Comʳ asked why a clerk should be elected, seeing there was a clerk
there present, and what could be said against him why he should not
execut the office in his fathers lifetyme?
The Moderatour answered—Please your Grace, the clerks sone could not be
called the clerk.
The Commissioner required that the young man might have libertie to
speake for himselfe, who, being permitted to speak, alledgit that
his father was provydit to the office by the dimission of Mr Thomas
Nicolsone, and hath served in the office after his dimission, and hath
keeped the Registers, and hath given out extracts of the Acts and
conclusions of the Assembly; and now being infirme and sicke, and not
able to serve at the tyme, has surrogat me his sone in his place.
The Moderatour answered—Albeit Mr Thomas Nicolsone had the office and
had demitted to his father, yet was not his Father elected by the
Assembly; albeit, he had now possessed the office by the space of 20
yeares, yet I see not how the office can goe by deputation.
The young man answered—That beside the office of Mr Thomas Nicolsone,
his father had the office by election in anno 1616.
The Moderatour answered—That he was not chosen by the voits of a free
Assembly; and whether it was so or not, it matters not now, seeing he
was become old, infirm, and sicke, and so unable to attend frequent
Assemblies, which now we expect be the mercie of God, and with his
Majesties favour and allowance; yet if there be any question in the
matter, I shall ask the voits of the brether; but in my judgement,
Edinburgh being the centure of the Kingdome, quhereunto all subjects
have greatest resort, it is expedient, yea necessar and good, that
the clerk should reside att Edinburgh. I grant the Clerk received no
detriment be his fathers function, becaus his employment was but small.
The Earle of Rothes answered—Albeit his father had undoubted right to
the office, yet the office is not transmissible: whereupon the young
man remitted his interest in the office to the consideration of the
Assembly.
The Commissioner answered—By what power the young man could demitt his
ffathers right?
The young man answered—That he did not demitt his Fathers office, but
onlie submitted his interest in it to the Assembly.