The Acts Of The General Assemblies of the Church of Scotland. Church of Scotland. General Assembly
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.
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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; [pg 009] 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 [pg 010] 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.
I. Manie of the voters in that pretended Assembly had no lawfull commission from the Kirk, to wit, 42 Noble men, officers of state, councellours, and Barrons, also the Bishops, contrare to the act of Dundie, 1597. And one of their caveats, the Noble men, were as commissioners from the King, the Bishops had no commission at all from the Presbyterie, for every Presbyterie out of which they came, had their full number of Commissioners beside them, as the register of the Assembly beareth.
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II. In a lawfull Assembly there should be none but Commissioners from Presbyteries, Burghs, and Universities, and but three ministers at most, with one Elder, Commissioners from every Presbyterie, according to the act made at Dundie, 1597. But in that pretended Assembly, there were foure ministers from the severall Presbyteries, of Edinburgh, and Cowper, five from the Presbyteries of Arbroth, as the roll of the said pretended Assembly beareth, whereas there were no ruling Elders sent from Presbyteries, according to the book of policie and act of Dundie.
Reasons for annulling the pretended Assembly at Glasgow, 1610.
I. The Commission of the pretended Commissioners to the meeting was null. 1. Because the election of them was not free, seeing they were nominate by the Kings Letters, as the Presbyterie books of Edinburgh, Perth, and Hadingtoun declare. And the Bishop of St. Andrews in his letter to some Presbyteries required them to send such commissioners as the King had nominate: assuring them, that none other would be accepted. This the Bishops letter registered in the Presbyterie books of Hadingtoun doth cleare. 2. And whereas there were no ruling Elders sent from the Presbyteries to that pretended Assembly, as the roll of Commissioners sheweth; yet there were moe ministers from undue severall Presbyteries then three, as five from Brechen, five from Arbroth, five from Kirkenbright, seven from the Presbytery