Chapter 3

TO THE READER.

[Transcriber’s Note: This 17th-century book was printed in the typographical conventions and spelling of that time; for instance, the printed book used the long _f_-shaped glyph for the letter _s_, it included old spellings such as _Kingdome_, _civill_, and _publick_, and old words such as _hes_, _samine_, and _welas_, and numbers generally are ended with a period. In this transcription, archaic printing is replaced with modern characters, so the letter _s_ appears as _s_, with the effect that what in the original book would look like _Minifters_ is here transcribed _Ministers_, but archaic spelling, capitalization, punctuation, and usage are transcribed as they appeared in the printed book.]

It were long, neither do we now intend, to represent, what in the beginning, by the Mercies of our _God_ and Ministry of his faithful Servants, was the reformation of this Kirk: what purity of Doctrine and Worship, what Order, what Authority, and what Unity continued for many years, by the Prayers and Labours of Ministers and Professors, what Novations and Corruptions have been introduced upon us of late, in the time of our Division and Detection, by such as have ever been enemies to the Cross of _Christ_, and who have minded earthly things: How manifold and how comfortable experience we have at this time of the care and compassions of our _Lord_ and _Saviour_ preventing the utter ruine of Religion, and the horrible vastation of this Kirk, by looking upon the afflictions of his people, by hearing their groans, mocked by the World: And by moving the Heart of our gracious and dread Soveraign the Kings Majesty to conveen a free national Assembly for redressing the wrongs done to Religion, and what undeniable testimonies, and notable manifestations of the divine presence and assistance of _Christ_, have accompanied this meeting and whole work. _Who so is wise and observeth these things will see the loving kindness of the Lord_.

For the present it seemed necessary that such of the Acts and Constitutions of the Assembly as are of most general concernment should be published in print; the correct writing of so many Copies as were called for, not being possible to be exped in due time, and the Kirk having resolved upon this course in former times, which, had it been keeped, our defection through the almost invincible ignorance of the proceedings of the Kirk, had not proven so dangerous and deplorable.

In these Acts and Constitutions special regard was had to our _National Confession of Faith_, as it was at first and diverse times after professed and is now of late sworn and subscribed, that all mens minds, who delight not to cavil, might rest satisfied in the true meaning thereof, found out by the diligent search of the Ecclesiastick Registers. Our care was also rather at this time to revive and bring to light, former laudable Acts, than to make any new ones, reflecting as little as might be upon the reformation of other Kirks, and choosing to receive our directions from our own _Reformation_, approven by the ample testimony of so many _Forreign Divines_: according to the example of the venerable Assembly at _Dort_, where special caution was, that the 30. and 31. article of the Confession of the _Belgick_ Kirks touching _Ecclesiastick Order_ should not be examined by _Strangers_, there being a _Difference_ touching that point amongst _Reformed Kirks_, So many as were present can bear witness that all the _Members of the Assembly_ were many times called on, and required to propone their _Doubts_, and to give their _Judgments_ of every _Article_, before it was Enacted, that every one might receive _Satisfaction_, and from the full perswasion of his mind might give his _Voice_: Wherin the _Unanimity_ and _Harmony_ was the more admirable, that many parting from their _preconceived Opinions_, which had possessed their _Minds_, did most willingly receive the _Light_, which did now unexpectedly appear from the _Records_ of the _Kirk_.

That this _Extract_ shall stop the _Mouthes_ of the malicious, is more than we can promise, or should be expected, We know there be some Incendiaries who would with great joy and content of mind, seek their lost penny in the ashes of this poor Kirk and Kingdom: And we have already found, that our _Laboures_ and the grounds whereupon we have proceeded, before they be seen, are misconstrued by so many as finds their hopes blasted, and are come short of their earthly projects: but our comfort is that we have walked in the truth of our hearts as in the sight of God, That the Adversaries of the Kirk have not transformed themselves into Angels of light, nor can say they are doing _God_ service, but are seen in their colours, and do seek themselves, and that so many as have erred before, not knowing the order and constitutions of this Kirk, will as absent Children to their mother speaking plainly and powerfully of old and now after long silence opening her mouth again, and uttering her mind in a free Assembly, hear her voice, and with that reverence that beseemeth under the supreme Majesty of _Christ_, obey her directions, that being all of one mind, peace may be upon us, and upon the Kirk of _God_; and the _God_ of peace, and love may be with us. 1639.

THE GENERAL ASSEMBLY, AT GLASGOW.

Act Sess. 6. November 27. 1638.

The testimony of the Committy for tryall of the Registers, subscribed with their hands, being produced, with some reasons thereof in another paper, and publickly read; _My Lord Commissioner_ professed that it had resolved him of sundry doubts, but desired a time to be more fully resolved.

The Moderatour desired that if any of the Assembly had any thing to say against the said testimonie for the books, that they would declare it, and finding none to oppon, yet be appointed the day following, to any to object any thing they could say; and if then none could object the Assembly would hold the Registers as sufficient approven.

Act. Sess 7. November 28.

_Act. approving the Registers._

Anent the report of the Assemblies judgement of the authority of the books of Assembly; The Moderatour having desired that if any of the Assembly had any thing to say, they would now declare it, otherwise they would hold all approved by the Assembly.

The Commissioner his Grace protested that the Assemblies _approving these books, or any thing contained in them_ be no wayes prejudicial to his Majestie, nor to the Archbishops, and Bishops of this Kingdome, or any of their adherents; because he had some exceptions against these books. My Lord _Rothes_ desired these exceptions to be condescended on, and they should be preferably cleared, and protested that these books should be claimed authentick and obligatorie hereafter.

The whole Assembly all in one voice approved these books, and ordained the same to make faith in judgement, and out with, in all time commitit, as the true and authentick Registers of the Kirk of Scotland, conform to the testimonie subscribed by the Committie, to be insert with the reasons thereof in the books of Assembly: Whereof the tenour followeth.

We under-subscribers, having power and commission from the generall Assembly now presently convened, and sitting at _Glasgow_, to peruse, examine and cognosce upon the validity, faith and strength of the books and registers of the Assembly under-written, to wit: A register beginning at the Assembly holden the twentie day of _December_ 1566. and ending at the fourth session of the Assembly held in the 28 of _December_ 1566.

Item another register beginning at the generall Assembly, holden the second day of June 1567. and ending at the fourth session of the Assembly holden at _Perth_ the ninth day of _August_ 1572, which register is imperfect, and mutilate in the end, and containeth are no leaf nor page after that page which containeth the said inscription of the said fourth session, which two registers bears to be subscribed by _John Gray_ scribe.

Item a register of the Assembly holden at _Edinburgh_ the seventh day of _August_ 1574, and ending with the twelfth session, being the last session of the Assembly 1579.

Item another register beginning at the Assembly holden at _Edinburgh_ the tenth of _May_ 1586. and ending in the seventeenth session of the Assembly holden in _March_, 1589.

Item another register being the fifth book, and greatest volume, beginning at the Assembly holden in _Anno_ 1560, and ending in the year 1590.

Having carefully viewed, perused and considered the first registers, and every one of them, and being deeply and maturely advised, as in a matter of greatest weight and consequence, do attest before God, and upon our conscience declare to the world and this present Assembly, that the saids foure registers above expressed, and every one of them, are famous, authentick and good registers: which ought to be so reputed and have publick faith in judgement and out with ad validem it the records in all things, and that the said fifth & greatest book, beginning at the Assembly 1560. and ending 1590. being by the hand writs of the Clerk, cognosced, and tryed, and agreeable to the other four registers, in what is extant in them, ought be free of all prejudice and suspicion, and received with them. And in testimonie of our solemne affirmation, we have made these presents with our hands.

Subscribitur, Master Andrew Ramsay. Master John Adamson. Master John Row. Master Rohre Murray. Master Alexander Gibson. Master James Boner. Master Alexander Peerson. Master Alexander Wedderburn.

_Reasons prooving the five Books and Registers produced before the Assembly to be authentick_.

The books now exhibited unto us underscribers, which we have revised and perused by commission from the generall Assembly, are true registers of the Kirk: to wit, Five Volumes, whereof the first two contain the acts of the Assembly, from the year of God 1560. to the year 1572. all subscribed by _John Gray_ Clerk. The third from the year of God 1574. to the year 1579. The fourth from the year of God 1586. to the year 1589. At which time _Master James Richie_ was Clerk, who hath frequently written upon the margine of the saids two last books, and subscribed the said margine with his hand-writing. And the fifth book being the greatest Volume, containing the acts of the generall Assembly, from the year of God 1560. to the year 1590. which agreeth with the foresaids other foure books and registers, in so far as is extant in them, and further recordeth, what is wanting by them, passing by what is mutilate in them, and which with the two Volumes produced by _Master Thomas Sandilands_ from the year 1590. to this present, maketh up a perfect register.

I. For the first two Volumes subscribed by _Ionn Gray_, albeit it be not necessar in such antiquietie to proove that he was Clerk, seeing he designes himself so by his subscription, yet the same is manifest by an act mentioned in the third book, in the time of _Master James Richie_, who succeeded him in the said office, and his hand-writ was acknowledged by sundry old men in the ministery.

II. The uniformitie of his subscriptions through both Volumes, evident by ocular inspection above the ordinarie custome of most famous Notars, delivers the same from all suspicion _in facto tam antiquo_.

III. There be many coppies, specially of general acts, yet extant, which do not debord from the saids registers, but are altogether agreeable thereto.

IV. It is constant by the universal custome of this Kingdome, that all registers are transmitted from one keeper to his successour; and so comming by progresse and succession from the first incumbent to the last possessour, are never doubted to be the registers of that judicatorie, whereof the last haver was Clerk; and therefore it is evident, that these books comming successfulie from _John Gray_, _Master James Richie_, and _Master Thomas Nicolson_, who were all Clerks to the Assembly, into the hands of _Master Robert Winrame_, who was constitute Clerk depute by the said _Master Robert Nicolson_ (as his deputation here present to show, will testifie) are the undoubted registers of the Assembly: like as _Alexander Blair_ succeeded the said _Master Robert_ in his place of Clerkship to the assignations and modifications of Ministers stipends; and during _Master Robert_ his life-time, was his actual servant, and so had the said books by progresse from him, which the said _Alexander_’s readie presently to testifie.

V. The two registers of _Master James Richie_, albeit not under his own hand, yet are frequently margined with his own hand-writ, and the same marginal additions subscribed by him, which hand-writ is seen and cognosced by famous men, who knoweth the same, and it is evident, being compared with his several writings and subscriptions yet extant.

VI. The said registers are more perfect, lesse vitiated, scored, and interlined, then any other authentick and famous registers of the most prime judicatories within this Kingdom:

VII. _Master Thomas Sandilands_, in name of his father, who was late Clerk by dimution of _Master Thomas Nicolson_, hath produced a Volume, which proveth the saids two registers of _Master James Richie_ to be sufficient records; because that same Volume is begun by that same hand, whereby the said _Master James Richie_ his registers are written, and is subscribed once in the margine by _Master James Richie_ his hand, and followed forth, and continued in the same book by _Master Thomas Nicolson_, who succeeded him in the place, and was known by most men here present to be of such approven worth and credit, that he would never have accomplished a register which had not been famous and true: and whereof the hand-write, had not then been known to him sufficiently.

VIII. That register produced by _Master Thomas Sandilands_, and prosecuted by _Master Thomas Nicolson_, proves the first part of that register to be true and famous, and that first part being by ocular inspection of the same hand writ, with _Master James Richies_ registers, and subscribed in the margine with the same hand writ, proveth _Richies_ two books to be good records, and _Richies_ registers doth approve _Grays_ books by the act of Assembly before written: specially considering the same hath come by progresse and succession of Clerks, in the hands of _Alexander Blair_, now living, and here present.

IX. The compts anent the thirds of benefices between the Regent for the time, and the Assembly, in the second volume, pag. 147. are subscribed by the Lord Regents own hand, as appeareth: for it is a royall-like subscription, and there is no hand writ in all the book like unto it, and beareth not _Sic subscribitur_, which undoubtedly it would do, if it were a coppie.

X. _Master Iames Carmichell_ was commanded by the generall Assembly 1595, Sess. 9, in the book produced by _Master Thomas Sandilands_, to extract the generall acts forth of their books; and it is evident that these books are the same which he perused for that effect, because he hath marked therein the generall acts with a crosse, and hath designed the act by some short expression upon the margine, which is cognosed and known to be his hand writ, by famous and worthy persons: which is also manifest by the said _Master James_ his hand and subscription, written with his own hand in the last leafe of the said books; as also acknowledged in the said book, produced by _Master Thomas Sandilands_, wherein the said _Master James Carmichell_ granteth the receipt of these, with some other books of the Assemblies.

XI. The registers produced, are the registers of the Assembly, because in _Anno_ 1586, the Assembly complaineth that their registers are mutilate: which hath relation to _Richies_ third book, which is lacerat and mutilate in divers places without any interveening of blank paper, or any mention of _hic deese_.

XII. If these were not principall registers, the enemies of the puritie of Gods worship, would never have laboured to destroy the same which notwithstanding they have done; as appeareth by the affixing and battering of a piece of paper upon the margine, anent a condition of the commission not to exceed the established discipline of this Kirk; subscribed by the Clerk, book 3, pag. 147, and the blotting out the certification of the excommunication against Bishop _Adamson_, book 4, pag. 30, who in his Recantation generally acknowledgeth the same: but which, without that recantation, cannot be presupposed to have been done, but by corrupt men of intention to corrupt the books, which were not necessary, if they were not principall registers.

XIII. In the Assembly 1596, the Church complained upon the Chancelour his retention of their registers, & desired they might be delivered to their Clerk, which accordingly was done; as a memorandum before the beginning of the first book, bearing the redeliverie of these foure books to _Master James Richie_, clerk proporteth; which clearly evinceth that those foure books are the registers of the Assembly.

XIV. The said fifth book and greatest Volume, is also marked on the margine, with the hand-writ of the said _Master James Carmichell_; (which is cognosced) who was appointed to peruse the books of the Assembly as said is, and would not have margined the same by vertue of that command, nor extracted the general acts out of it, if it were not an approbation therof, as an authentick and famous book.

XV. The said fifth Volume doth agree with the other foure books; in all which is extant in them, and marketh the blanks, which are lacerate and riven out of the same; and compleateth all what is lacking in them.

XVI. In the book of Discipline pertaining to _Master James Carmichel_, superscribed by himself, and _Master James Richie_, there are sundry acts and passages quoted out of the said fifth great Volume, saying, It is written in such a page of the book of the Assembly, which agreeth in subject and quotation with the said fifth book, and cannot agree with any other; so that _Master James Carmichel_ reviser of the Assembly books, by their command, would not alledge that book, nor denominate the same a book of the Assembly, if it were not an authentick famous book.

XVII. Though the corrupt nature of man hath been tempted to falsifie particular evidents, yet it hath never been heard that any whole register hath ever been counterfeited; neither can it bee presupposed that any will attempt that high wickednesse, seeing the inducements anwerable to that crime, can hardly be presupposed.

XVIII. It is certain, and notour to all these who are intrusted with the keeping of the publick records of the Kingdome, that the same are never subscribed by the Clerk, but only written and filled up by servants, and most frequently by unknown hands, yet they and the extracts thereof make publick faith, and the same are uncontrovertedly authentick registers; and when the most publick registers of the Kingdom shall be seen, and compared with these registers of the Assembly, it shall be found that these other registers of the most soveraigne judicatories ever unsubscribed are more incorrect, oftner margined, scored, and interlined, made up by greater diversitie of unknown hand writs, than these books of the Assembly, which by special providence are preserved so intire, that in the judgement of any man acquainted with registers, they will manifestly appear at the very sight to be true, famous, and authentick.

XIX. The fame and credit of ancient registers in this Kingdome, is so much reverenced that if any extract be different or discontinuous from the register, that extract albeit subscribed by the person who for the time had been of greatest eminence in the trust of registers, will be rectified, conform to the register, and have no force, so far as it debordeth therefrom; although the registers be written with an obscure, unknown hand, and unsubscribed.

Act. Sess. 12. December fourth.

_The six late pretended Assemblies condemned._

Anent the report of the Committie, for trying the six last pretended Assemblies: They produced in writ sundrie reasons, clearing the unlawfulnesse and nullitie of these Assemblies; which were confirmed by the registers of the Assembly, the books of Presbyteries, the Kings Majesties own letters, and by the testimonie of divers old reverend Ministers, standing up in the Assembly, and verifying the truth thereof. The Assembly with the universall consent of all, after the serious examination of the reasons against every one of these six pretended Assemblies apart, being often urged by the Moderatour, to informe themselves thoroughly, that without doubting, and with a full perswasion of minde, they might give their voices, declared all these six Assemblies of _Linlithgow_ 1606. and 1608, _Glasgow_ 1610, _Aberdeen_ 1616, St. _Andrews_ 1617, _Perth_ 1618. And every one of them to have been from the beginning unfree, unlawfull, and null Assemblies, and never to have had, nor hereafter to have any Ecclesiasticall authoritie, and their conclusions to have been, and to bee of no force, vigour, nor efficacie: Prohibited all defence and observance of them, and ordained the reasons of their nullitie to be insert in the books of the Assembly: _Whereof the tennour followeth._

_Reasons annulling the pretended Assembly, holden at_ Linlithgow, 1606.

I. From the indiction of it. It was indicted the third of _December_ to bee kept the tenth of _December_. And so there was no time given to the Presbyteries, far distant, neither for election of Commissioners nor for preparation to those who were to be sent in Commission. The shortnesse of the time of the indiction is proved by the Presbyterie books of _Edinburgh_, _Perth_, and _Hadingtonn_, &c.

II. From the want of a lawfull calling, to these who went to the meeting, seeing they were not at all elected by their Presbyteries, but were injoyned to come by the Kings letters. This also is proved by the foresaids books of the Presbyteries, and by his Majesties letters.

III. From the nature of that meeting, which was only a private meeting, or convention, for consultation to be taken by some persons of sundry estates written for, as the Kings letters and the Presbyterie books do acknowledge.

IV. From the power of those ministers who were present. Their Presbyteries did limitate them: First, That they should give no suffrages in that meeting as a generall Assembly. Secondly, That they agree to nothing that may any wayes be prejudiciall to the acts of the generall Assemblies, or to the established discipline of the Kirk. Thirdly, That they should not agree to resolve or conclude any question, article, or mater whatsoever, the decision whereof is pertinent, and proper to a free generall Assembly. Fourthly, If any thing be concluded contrary thereunto, that they protest against it. These limitations are clear by the Presbyterie books.

V. The acts of this meeting were not insert in the book of Assemblies, as is evident by the register.

VI. The next pretended Assembly at _Linlithgow_, 1608, doth acknowledge the Assembly, Whereof _Master Patrick Galloway_ was Moderatour, to have been the last immediate Assembly, preceding it selfe: and that Assembly whereof he was moderatour, was the Assembly holden at _Halyroodhouse_, 1602. So they did not acknowledge that meeting at _Linlithgow_, 1606. for any Assembly at all. This is clear by the registers of the Assembly, 1608, in the entrie thereof.

_Reasons for annulling the pretended Assembly at_ Linlithgow, 1608.