Having beene witnesses of the loyall and regall proceedings at the last

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.

Records of the Kirk of Scotland containing the Acts and Proceedings of the General Assemblies from 1638 downwards, as authenticated by the clerks of assembly. · 第 34 / 186 段