The Acts Of The General Assemblies of the Church of Scotland. Church of Scotland. General Assembly

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.

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      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 [pg 005] 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.

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      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 [pg 007] 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.