APPENDIX.

I.

PROCEEDINGS OF THE GENERAL ASSEMBLY HOLDEN AT GLASGOW, IN THE YEAR 1638,

RELATIVE TO THE REGISTERS OF THE CHURCH.

Sessio 3tia. November 26. 1638.

THEN the voices of the haill Assemblie wer craved anent the electioun of a Clerk, and Mr Archibald Johnstoun wes chosin be the universall consent of all except one, and wes admittit Clerk vnto the Assemblie ad vitam, and vnto all the richtes, fies, and priviledges perteining to ane Clerk off before, to be extendit at large; who, efter the acknowledgement of the weichtines of the charge, and his insufficiencie for it, imbraced it, as haveing a calling from God and the honourable Assemblie. The Moderator desyred to be informed, if anie more wes requisite for his admissioun, bot a solemne oath of his fidelitie and diligence. Mr Johne Row ansuered, Nothing farder, but that he sould bring foorth, keip and preserve the Registers of the Church, at leist so manie as sall come in his handis, seing pitiful experience could shew how these Registers had been marred in former tymes. Then Mr Archibald gave an solemne oath of his fidelitie and diligence and conscious keeping and use making of all Registers; and documents was taken of his acceptance and admission. The Moderator said, that the books and acts of all former Assemblies should be produced and putt in Master Archibald's hands. Mr Thomas Sandilands ansuered, that he had receaved no Registers from his father, but onlie two bookes containing some Acts from the year 1590, till the Assemblie at Aberdeen holden anno 1616, which therein is onlie begunne, with the minuts of the acts of the said Assemblie of Aberdene in a paper apairt, with the

minutes of Sanct Androis following 1617, with the acts of the Assemblie at Perth subscribed be Mr James Sandilands, and delivered the samen to the Assemblie: and being posed for the rest of the Registers, answered, in his fathers name, that hee had gotten these two from the bischop of Sanct Androis, and had never receaved any more neither from him nor from the Assemblie nor from any other. The Moderator craved, that all the Registers might be had and brought foorth from the hand of any clerk or haver of them, affirming that these bookes had in them matters of greater weight then all other evidents of Land &c. ffor they were the Kirk of Scotlands Magna Carta, containing all her priviledges and liberties since the Reformation. Hee wished also, that this Assemblie sould not be depryved of so powerfull a meane of informatione, for proceeding in matters to be handled there. The former clerks sone affirmed, that he had destroyed nane of these books. The Moderator urged the production of these books, and desired the Commissioner to take course for it. The Commissioner ansuered, that hee was willing to use any good meane that could be used for the productione of these bookes, if any could shew in whose hands they were; for (said he) I desire not that any Register sould be absent, but above all the Kirk Registers. My Lord Rothes said that, by a warrant from King James, the Bookes were taken from Mr Thomas Nicolsone and the last clerk, and putt in the hands of the pretended Bischop of Sanct Androis, and soe of neidforce a course must be taken for getting of these bookes from the Bischop. Mr Archibald Johnstone said that, in Gods providence, als many books were come in his hands as sould be able to make up a perfite Register of the whole affaires of the kirk from the Reformatione untill this day; which bookes he produced on the table and declared by whom and what meanes they were come into his hands; to witt, Mr Robert Winrahame, depute Clerk under Mr Thomas Nicolsone, and from him to Alexander Blair, of which bookes there are five volumes in folio; but Mr Patrick Adamsone, Bischope of Sanct Androis, rent one of them, and there are yet four to the foir of them written be Mr James Ritchie and Mr Thomas Nicolsone, whereof the first two containes the Acts of Assemblie from the year 1560 to 1572, subscribed be Johne Gray, Clerk to the Assemblie: The third volume fra 1586 till 1590, written and subscribed in the margine be Mr James Ritchie, Clerk to the said Assemblie: The fifth booke, being ane great volume of the Acts of the Assemblie fra the year 1560 till 1590, (whereof he had but an len from an minister:) Whereof the first four volumes, the said Mr Archibald declaired that he had receaved them from Alexander Blair, Wreater, who was servand, and succeeded in the place of Modifications of Stipends to Mr Robert Winrahame, who had a deputation from Mr Thomas Nicolsone, Clerk to the Generall Assemblie.

The Moderator said, These are good and comfortable newis unto the Church of Scotland, that a perfect Register of the Acts of the Assemblies are yet to the foir; and that it was needful that course be taken for tryell of these bookes, whether they be these same bookes written be the clerks or be their deputes, or copies onlie of these bookes. It was ansuered be the clerk, that they are the same, written and sub

scribed by the clerks owne hand; and the leaves riven out of ane of them by the Bischop, from the 22d to the 27th leaffe, may yet be knowen by the merkit number of the leaffis. The first Clerk wes Mr Johne Gray, who subscribed everie Assemblie with his hand. The next is also subscryved, and an memorandum on the first leaff of it, where Mr Archibald Huntar passed to the Chancellor Maiteland and receaved that volume and this uther, and the half of that which was rent by Bischope Adamsone; The third booke, the first act

of it is the election of Mr James Ritchie, Clerk, which booke is all of one hand writt. The one booke is from the 60 to the 70 year. The next from the 79, wherein the Bischope of Sanct Androis is censured and excommunicat. And now in Gods providence there is in the present clerks hands, a perfite Register from the 70 year to this last Assemblie, for which all of us have reason to praise God. The commissioner said, See that wee build on an sure foundation, and try well that these bookes be authentick. The Moderator craved, that some judicious men, and skilled in dignoscing handwritts, might be nominat for tryell of these bookes; and intreated the Earles of Lauderdaill, Southesk, and Argyle, to take inspection of the bookes. Argyle obiected his youth and unskillfulness for so weightie a charge, yet at command of the Commissioner he declaired his willingness to assist the worke. The Commissioner said, that if his owne paines could contribute any thing to the furtherance of the worke, he would be ready to sitt upp day and night, but would not lay that burthen on his Assessours; for, said he, seing it is refused that they should be members of the Assemblie, hee saw not how they could be appointed for trying of these Registers. The Moderator answered, Wee are hopeful that their Lordshipps will not refuse to further the good of this Assemblie, seing it is said here it is not for want of due respect wee owe to their Lordshipps, but onlie for preservation of the Kirks liberties as said is. The Commissioner said, I cannot see how these that are not granted to be members of this Assemblie, can cognosce bookes containing matters of so great weight. The Moderator answered, that they can best judge. The Commissioner said, but I cannot consent unto it: Therefore the Moderator said, let the skilliest of the clerks of Sessione, counsell and burrow clerks, such as the Laird of Durie, the clerk of Dundie, Mr Alexander Pierson, Advocate, be conjoined as their assessours, to help them of the ministerie, Mr James Bonar, Mr John Row, Mr Andro Ramsay, Mr Wm. Livingstown, Mr John Adamson, Mr Robert Murray.

Mr John Row ansuered, that he had yet in his hands the Booke of the Kirk Policie, subscryved be Mr James Ritchie, clerk, which will serve to dignosce the hand writt. Mr Archibald Johnstone said, hee had the principall Book of Policie, written in Lumbard paper, in his hand, which also would conduce to that end; this being judged to be the fittest way for tryall of the Registers of the Kirk, and makeing them to be authentick.

Sessio 5. November 26. 1638.

The Moderator then said, It is now expedient that the sufficiencie of the Kirk Registers be cleared, that they may be declaired authentick. The Commissioner ansuered, it is a good work; but I have some scruples not yet removed. Then said the Moderator, let some be appointed for tryell of the Registers; for the Assemblie being now fullie constitut, after the examination of all controverted commissions, may give them commission for tryell of the Registers, and let their testimonie anent the perfection of the bookes be given in the morne. The Names of the Committee, Mr Andro Ramsay, Mr John Adamsone, Mr John Row, Mr James Bonar, Mr Robert Murray, Mr Alexander Gibsone younger of Durie, Mr Alex' Wedderburne clerk of Dundie, Mr Alex' Piersone Advocat, with such others as they please to joyne with themselves,

Sess. 6. November 27. 1638.

The Moderator said, Let us beginne where we left at the tryell of the Records of Assemblies. There was a Committie appointed yesternight to give in their testimonie anent the authenticnes of the Registers. If it please your Grace, let their ansuere be heard. The Commissioner having assented, the Moderator called upone these who were appointed for the examination of the Registers to reporte their testimonie. Durie said, Please your Grace and this reverend Assemblie, wee shall either give in our reasones be word or in writt. The Commissioner said, I desire to heare you give them in any way you please. Then the reasones of the authenticknes of the Registers were given in in writt and read by the clerk,

The Moderator said, please your Grace, heir is the testimonie of these that have skill in trying the Registers better nor any here present; hes your Grace gotten satisfaction. The Commissioner answered, verilie it is a matter of very great importance, and there shall be no man more glad nor I to see the Registers of the Kirk fund reall and proven to be authentick. I am far from contradicting any thing that these worthie gentlemen hath done, for it were impertinent soe to doe. I can say nothing at the first hearing of a paper read, but it may be that many scruples come in my mynd concerning them, yea I have alreadie whereof I am not resolved. This is the first time that ever I heard it read, and therefore I cannot give my judgment of it. I must confesse my ignorance in thir things, and therefore I must be verie loath to give my assent or approbation to any thing wherein I am not both cleare and persuaded. The Moderator said, hes your Grace any scruples to propone for the present. The Commissioner

said, I must think upon it before I propone them. The Moderator said, I would desire this reverend Assemblie, that if there be any here, noblemen, gentlemen, or ministers, that if they have any thing to say against this information concerning the authoritie of the Registers, that they would propone them either now by word, or in a short time by writt, that this Assemblie may make a declaration that they ar authentick, and if no objection be made against them, wee will take your silence for an approbatioun of their authoritie: if you have anything to say, bring it foorth presentlie, if not, produce it in writt against the morne. The Commissioner said, I am verie confident that that is not the Regents hand writt. Durie answered, if it was not his hand writt it would have sic subscribitur as all other copies use to have. I will not affirme that everie reasone given in for proving the authoritie of the books is unquestionablie good; but que non prosunt singula, multa juvant. I daire say this farre: all the Registers of Sessione, counsell, and prime judicatories of this Kingdome are als farre short of the Registers of the Kirk, as these Registers are short of these things treated here. The Commissioner said, truelie, Sir, I cannot but acknowledge that these reasones hath cleared verie much, and verilie they have removed many scruples that I myself had before the hearing of them, soe that I will not contradict them; but I still doubt if that subscription be the Regents hand. Moderator said, If there be any brother that hes any coppie of James Ritchie, or John Gray, Clerks to the Assembly, their hand writt, lett them produce them to give furder informatioun, or confirme this informatioun, for possiblie some minister or other hes some record that may give testimony and approbation to this hand writt. Then Mr Johne Row produced an coppie of severall acts, and of the Booke of Policie, written by the said Mr James Ritchie, and subscrived with his hand, and other brethren of the presbitrie, which hee had keeped him selff now fiftie-two years; and the hand writt of the Assemblie Booke, and the coppies being compared and seene by the Commissioner himselffe, they were acknowledged to be ane hand writt. The Moderator said, if any man have anything to oppose against any of these bookes, let him now bring it foorth, that an act may be made; for if no man produce anything, they will be acknowledged by this Assemblie to be authentick hereafter.

Sess. 7. November 28. 1638.

The Moderator said, wee left at the testimonie which was given by skilled men, who were appointed for trying of the Kirk Registers, and their testimonie was read in your hearing, and wee requeisted all to bring in this day their obiections and scruples concerning these Registers; now wee crave that [any] one who pleases would obiect: for if no man obiect, ane act or record will be insert in the Bookes of the Assemblie, declairing that these books are authentick. The Commissioner said, no man here shall have greater joy nor I to see the Registers of the Kirk perfyte; and no man sall contribute more to it than I, being a matter of so great importance and weight; for upon the Acts sett down in these Books very much depends. But because yee have heard