A Breife Collection of the Passages of the Assembly holden at Glasgow, in Scotland, November last, 1638; with the Deposicon of Divers B.p.p. Their Offences for which they were sentenced; and an Index of all the Acts made at the said Assembly.

Upon Wednesday the vijᵗʰ day of November, a generall ffast was kept throughout all Scotland, for calling upon God for his blessing upon their Assembly, and praying for Gods gracious assistance that their meeting might take good effect to Gods glorie and their owne good.

21.—Upon the 21ˢᵗ day of November, their Assembly begun, where (after calling upon the name of the Lord) their Nobilitie and Commissioners were called and desired to bring in their Commissions.

22.—The 22ᵈ day, the Commissioners Letters, and Commissions were produced; and the Commissioners for every Presbyterie produced their Commission.

23.—The 23ᵈ day, Mr Alexʳ. Henrison (after long contestacon) was chosen Moderator for the Assembly.

24.—The 24ᵗʰ day the Assembly proceeded to the election of their Clerke out of 4 Clarks, then nomynated:—(viz.)—Mr Thomas Sandilands, Mr Archibald Johnston, Mr John Nicholls, and Mr Alexʳ Blair.

The Marquesse (as his Majesties Commissioner) desired that the votes of his Assessors might be admitted for choosing the Clerke, and in all other things, which the whole Assembly refused, for many reasons then given.

25.—The Assembly, proceeding to their election, made choyce of Mr Archibald Johnston for the Clerke, who, being generallie allowed of, was presently sworne for the dutiful administracon of his office, and to bee answerable for the Register Books to the said Assembly.

This being done, the Registers of all the Assemblies since 1560 were produced, consisting of 6 faire volumes.

The Assembly, after some consultacon, made ane Act that the Earle of Rothes, Earle of Lauderdale, Mr Alex. Wilson, the Earle of Dundie, Mr Andrew Ramsay, Mr John Raine, Mr John Adamson, Mr James Bonnar, Mr John Bell, and Mr Robert Murray, should visite and peruse the said Books of the Assemblies, and to report their judgement concerning their authentickness and creditt.

26.—The 26 day of November, (after prayers,) the Moderator desired that the Commissions might be tryed and allowed, and, for avoyding of tediousness, declared, that if any would object against any Commission or Commissioner, they should be heard; But, if none objected, their silence should be taken for approbacon.

To this the Kings Commissioner answered, That he might object against anie Commission at any tyme, after the Commissions were produced.

Amongst manie Commissions produced this day, onely two were questioned, and they were both for brethrin. In the one, the Laird of Dunn was nominated a Commissioneasr; and, in the other, the Lord of Carnaigie was made a Commissioner. Dunns Commission had an approbacon on the backside thereof; but the Lord Carnaigies had noe approbacon; whereupon the Lord Marquesse desired the copie of Dunns Commission and approbacon under the Clerks hand. The Assembly were content hee should have the Commission, but not the approbacon. Upon which the Marquesse took instruments of their refusall.

27. The 27 day of November, (after prayers,) the rest of the Commissions were read, and some were questioned—namely, for the Presbitrie of Peebles; for the Presbitrie of Glasgow; for the Ministrie of Glasgow—because each of them had three Commissions; and Brechin—for having two Ruling Elders, (as aforesaid,) which were all referred to a Committee of 6 Ministers, to consider of and certifie.

The Commission for the Colledge of Aberdeen had noe warrant to give any vote; but only to attend their affaires as procurator for the Colledge.

The Presbitrie of Aberdeen had two Commissioners; (viz:)—Mr David Lindsay, and Mr Doctor Guild, which were allowed.

28.—The 28 of November, the Visitors of the Registers gave in their testimoniall, subscribed with their hands, testifying the Registers to bee good, authentique, and worthy of credit; which, being read, Mr Alexʳ Gibson further declared, in the presence of the Commissioners and whole Assemblie, that he had seene and considered the registers produced, and found them to be very authentique, and that hee thought if the Registers of the Council or Sessions were compared with them, they would be found to come fair short of those Registers.

Whereupon the Moderator desired the Commissioner, and all others, if they had anything to say against the said Registers, they should speak now, or give it in writing at the next sitting.

After this, protestacon was given in by Mr Robᵗ Elliot against the election of the Commissioners for Peebles, wherein the Earle of Traquaire was highly accused for intruding himselfe in that election; and this was referred to a committee.

29.—The 29 of November, (after prayers,) Doctor Hamilton, in the name of the Archbishopps and Bishops declined, in a protestacon to the Marquesse, (who received it,) whereby they declyned the Assembly, and protested that the same should bee holden null in law.

Whereupon Mr Alexʳ Gibson protested that the Bishops should be holden as delinquents in the Assembly, and that they ought soe to come and appeare personally.

After this, certaine remonstrances were presented, by the Presbitries of Glasgow and Dundie, to the Commissioner and Assemblie, desiring all Commissioners that have beene chosen to be laike Elders, might be putt away, which was generally denyed.

The Moderator had presented unto him a paper which the Clerk read openly to the Assemblie, containing many sufficient answers unto the objections exhibited by the Bishops, with their declynator against the lawfullnesse of the Assemblie.

After the same was read, the Moderator, in the name of the Assemblie, desired the Marquesse, that it might bee voted in the Assembly, whether or not they were competent Judges to the Bishops; but the Marquesse refused, and adhered to the protestacon and declynator of the Bishops, against the lawfullnes of the Assemblie; whereupon there was a great conference betwixt the Marquesse, the Earle of Rothes, and the Lord Lowdon, concerning the said declynator.

Their conference being ended, the Moderator againe desired the Marquesse to lett the matter goe to voting, or else to make objections against the lawfullnes of the Assemblie, and they would resolve them. But the Marquesse still refused it, alleadging it to bee ane unlawfull Assembly wherein laike Elders were; which was thus retorted—Then the Assembly of Perth was noe lawfull Assembly, for there were Ruling Elders; which answer much moved the Marquesse, and soe checked him as he knew not what to answer; for that Assemblie is the chiefe Assemblie the Prelats had. But the Marquesse put it off with a faire discourse, and, at last, told them he hoped the King’s declaracon of his pleasure would fully satisfie them, which hee caused the Clerke to reade.

His Majesties will was, That the Service-Book, Booke of Canons, and High Commission, should be annulled and discharged; The practise of the 5 Articles at Perth, or the urging thereof; and freed all Ministers from all unlawful oaths at their admission; likewise it made all his Majesties subjects lyable unto the censure of the Church; onely hee would not have the office of a Bishop to be altogether destroyed.

After this, the Clerk read the Noblemens Protestacon, which was made to uphold the liberty and freedome of the Assemble, which being read, the Marquesse fell into a large discourse concerning the goodnes and liberalitie of the King’s Majestie, which was fully answered by the Moderator, who acknowledged his Majesties goodnes, and affirmed that, if his Majestie were truly informed of the just grievances of his subjects, and of the foulness of the crymes charged upon the Prelats, hee would leave them to their tryall.

And, therefore, hee, in the name of the whole Assemblie, requested the Marquesse that, seeing hee had now gone on in a faire way hitherto, and had not closed his ears unto their just requeste, hee would not now begin to stopp, but would grant that it might be voted in the Assembly, whether they were a lawfull Assembly or not. The Marquesse protested hee would not, onely hee would have them subscribe the Covenant, and rest content with his Majesties will declared unto them; and if they proceeded any further hee would not assent thereto; but that whatsoever was done should bee held null, and as done in ane unlawful Assembly.

They answered, that they had beene called thither by his Majesties command, which had given liberty to them to proceed in the tryall of such things as were needfull to be performed reformed. And his Majesty, by his proclamacon, had declared that, if any of his subjects shall or have presumed to assume to themselves any unlawfull power, they should be lyable to triall; and, therefore, they conceived that whatsoever should be concluded in this Assembly, should be halde as proceeding from a lawfull Assemblie. The Marquesse thereupon commanded the Assemblie to rise, which they refusing, hee himselfe arose and left the Assemblie.

After the Marquesse was departed, the roll was given to the Clerk, who called every man particularly by his name, and desired them to declare their opinions on these 4 particulars:—

1—Whether the Assembly were lawful or not?

2—Whether the Assemblie were competent judges of the Bishops?

3—Whether they would allow of the Bishops declynator or not?

4—Whether they would adhere to their Commission of Faith, and contynue still and hold on in the Assemblie?

Every man particularly concluded, That the Assembly was lawful: That they were competent judges: That they would not allow of the declynator; and, That they would adhere to the Confession, and contynue the Assemblie, except Sir John Carnegie, Mr Patrick Mackgill, and 3 other Ministers.

1.—The first of December, (after calling on the name of the Lord,) Mr Robert Blaire, Mr James Hamilton, Mr John Mackclagvell, and Mr John Livingston, being demanded, why they came out of Ireland, and whether they were under the censure of the Church or not? They declared the cause of their comeing from Ireland, was because they refused to embrace, subscribe, and sweare to the Service-Booke of Ireland, and all the corruptions that were in that Church.

2.—The Earle of Argile, this day, left the Councell and came to the Assemblie, and declared, That he had subscribed the Confession of the ffaith with the Lords of the Councell, and found himselfe as farr obliged by subscribing the Kings Covenant as anie that had subscribed the National Covenant; and that hee subscribed the same as it was sett down in anno 1581, and not otherwise; and, therefore, desired the Assembly to goe on wisely in the matter of reconciling and explayning the Covenant. Whereupon the Assembly desired him to stay and bee an assistance and eye-witnesse of their proceedings, which hee both promised and performed.

3.—The 3d day of December, many complaints was given in against the Archbishops and Bishops, and especially ane libell against the Bishop of Galloway, conteyneing 8 or 9 sheets of paper; whereupon a Committee was chosen of noblemen, gentlemen, and ministers, to hear the approbeicon, and to exawmine the truth of the matters which were charged against the Bishops, and to give an accompt of their proceedings unto the Assemblie.

There was likewise appointed another Committee to fynd out the errors of the Service-Booke, Booke of Cannons, Booke of Ordinaicon and High Commission, and to give sufficient reasons why they were rejected; and, lastly, there was a Committee for the explanacon and reconciliacon of the Covenants.

4.—The 4ᵗʰ of December, (after calling on the name of the Lord,) the Earle of Argyle produced a letter sent unto him from some of the Lords of the Councell, wherein were these words, (viz.)—Your Lordship knowes that wee subscribed the Covenant upon noe other condition than you did—that is, as it was subscribed in anno 1581. And the Earle of Montrose also declared that the Earle of Wigton (another Privy Councillor) had written the same unto him, and desired him to signifie it unto the Assemblie, and 7 or 8 Councillors and noblemen afterwards sent the like declarations to the Assembly.

Those who had beene appointed upon the Committees appeared, and declared that they had begun upon their employments, but had not ended, because it was a worke that required more then one or two dayes labour, but promised to proceed with all care and diligence.

5.—The 5ᵗʰ of December, (after calling on the name of the Lord,) sundry complaints and processes were produced against Mr David Michell, Mr Gladstons, and Doctor Panter, for Arminianisme, whose libells being read, every one of them was 3 severall tymes called in the Assembly, and 3 severall tymes called at the doore, to come in and appeare, and answer to the things given in against them; but, none of them appearing, Mr David Dixon and Mr Robʳᵗ Baily, were ordayned to make an oracon the next day to refute those Armynian points whereof Panter, Michell, and Gladstons were accused, that they might proceed against them. And, in the meanetyme, a Committee was appointed to heare, and see, and exawmine these things alleadged against the said parties.

6.—The 6 of December, Mr Dixon made a speech, wherein he refuted fully all those Armimian points which had beene preached by Mr Michell and the other two; and Mr Andrew Ramsay made another speech, that hee (being one of the Committees) and the rest of the Committees, had seene, read, heard, and considered the things wherewith Michell and the rest were charged, and found them fully proved. Whereupon, by whole consent of the Assembly, Mr Michell and the other two were quite deposed and deprived of their office in the Church.

After this, Mr John Hamilton declared to the Assembly, That the Laird of Blackhall (a Councellor) had requested him to tell the Assemblie, that his subscribing of the Kings Covenant could be noe hindrance to their proceedings, but rather a furtherance, to cause him to doe what lay in his power for them; and that hee would come himselfe to the Assemblie and make his declaracon thereof unto them.

Lastly, the Commissioners for Edinburgh told the Moderator, that the people of Edinburgh having heard that some of their Ministers having subscribed the Bishops declynator, and, therefore, they would not suffer the said Ministers to preach anie more unto them. Therefore they desired to have it voted in the Assembly, Whether it were lawful to depose the saids Ministers, and to employ others to preach in their places? which was taken into deliberacon against the next meeting.

7.—The 7ᵗʰ day of December, the Bishop of Orkneys sonne delivered a letter from his ffather vnto the Moderator, signifieing that hee was willing to vndergoe what they pleased to impose vpon him, and submitted himselfe wholy vnto the said Assembly to dispose of him and his place and calling as they pleased.

The Committee for the Covenants returned answer, That they had reconciled them both to one effect and meaning, and that the Covenant in anno 1581 is more prejudicall then the other.

[The abbreviate of the Proceedings, which is in the Advocates’ Library, of which the prefixed is a copy, terminates on the 7th of December; and annexed to it are the Acts of Deposition passed against the Prelates, and an “Index of all the Principal Acts of the Assembly holden at Glasgow 1638,” at the end of which there is a docquet subjoined. The “Index” referred to being more full than any of the copies that are to be found in the printed Acts, it is here adopted as by the docquet authenticated by the Clerk of Assembly. The official abbreviate being thus defective to a certain extent, we are induced to fill up the chasm by adopting, as a supplement to it, an abridged account of the actings after the 7th December, from “Balfour’s Annales,” vol. ii., p. 209, et sequen.]

8 December, Sessio 16.

Saterday, after much reiding of papers and dispute anent the lawfullnes of Episcopacey in this churche, at last the questions was stated thus:—Quhither, Episcopacey was abiured in our kirke by the confession therof, and could be remoued? All in one woyce remoued the same, as abiured, neuer heirafter to be established.

10 December, Sessio 17.

The 5 artickells of Perth is, by the assembley, in one woyce totally abiured and remoued.

The Bischopes of Edinbrughe, Aberdeine, Rosse and Dumblaine, wer all of them depossed from aney function in the kirke, and excommunicat. Dumblaines crymes, by thesse that wer generall to all the bischopes, wer Arminianisseme, poperey and drunkennesse.

11 December, Sessio 18.

Tuesday Mr George Grhame, Bischope of Orcades, his lybell read, and he deposed; no excommunication againist him, becausse of his submission to the assembley.

Mr Johne Guthrie, Bischope of Murray, deposed; and if he acquiessced not with the said sentence and made his repentance, to be excomunicat.

Mr Patrick Lindesay, Archbischope of Glasgow, his lybell read, and he deposed and excomunicat.

Mr James Fairlie, Bischope of Argyle, his lybell read, and he deposed; and if he did not acquiesse with his sentence and repented, to be excommunicat.

Mr Neill Campbell, Bischope of the Iles Hybrides, his lybell read, and he deposed.

12 December, Sessio 19.

Vedinsday, after the depriuatione of Mr Thomas Forrester, minister of Melros, Mr Alexander Lindesay, Bischope of Dunkelden, his lybell being read, the assembley did deposse him from the office of bischope, and suspendit him from the office of ministrie, and exercisse therof; bot to be receauid therto againe vpone his repentance, manifested to the presbeteries of Dunkelden and Pearthe, and wpone his prowyding of the kirke of Dunkelden at the sight of the presbeterey.

After Dunkelden, Mr Johne Abernethy, Bischope of Cathnes, receaued sentence of deposition from his office of episcopacey, and he to be receaued in the office of the ministrie wpon his publicke repentance, to be made in the kirk of Jedbrugh.

The sentence of excommunicatione, aganist diuers of the bischopes, wes publickly read, and by acte of the assembley, ordained to be pronounced tomorrow by the moderator in the heighe kirke, and therafter to be intimat by the ministers and readers of all kirkes.

13 December, Sessio 20.

Noe more done this day, bot the sentence of the bischopes excommunication solemley pronounced by the moderator, Mr Alexander Hendersone, after a sermon preached by him, one the 1 versse of 110 Psalme.

14 December, Sessio 21.

Ther came this day, a letter to the assembley from the Earle of Vigtone, directed to the Earle of Montrosse, wich read publicikly in the assembley, desyrinng him to declare in his name, that he subscriued to the confession of religion, in doctrine and discipline, as it was in Aᵒ 1580, and that he wold defend the same with his bloode.

Fyue ministers wer deposed this day, viz. Mr William Hannay, Minister at Aire; Mr Androw Rollock, Minister at Dunce; Doctor Robert Hamilton, M: at Glasfurd; Mr Tho: Rosse, Minister at Chanrey. Mr Henrey Scrymgeour, Minister at St Fillans, in Fyffe, for fornicatione.

15 December, Sessio 22.

This day, the Earle of Vigton declared himselue, in face of the assembley, conforme to his letter read in assembley, and directed to the Earle of Montrosse.

16 December, Sessio 23.

Order takin this day by the assembley, for commissions in all quarters of the kingdome, for cognoscing of proces presentlie depending befor the assembley aganist ministers, and to deceid therin; they to sitt doune at Edinbrughe first, the 26 of December instant, 1638; and at St. Andrewes, the 20 of Januarij therafter, in Aᵒ 1639; and from thence to Dundie, the 4 of Februarij, 1639.

17 December, Sessio 24.

Ten actes, and one referance past in assembley this day.

18 December, Sessio 25.

Ther was giuen in to the assembley, ane anssuer to the declinator and protestation of the bischopes, also to the Kinges Commissioners protestation.

Three commissions, anent complaints aganist ministers in the southe and northe, exped this day.

Acte, that all tytills of dignity, as deans, subdeans, chanters, flowing from the canon law and pope, are abolished in tyme cominge.

Acte, that no marriage be without thrysse proclamation, as the booke of discipline bears, wich is not absolute, bot excepts in knowin necessity.

Acte, that no interments be in kirkes; and that ther be no funerall sermons, as tending to superstition.

Acte, anent the maner of tryell of the expectents of the ministrie.

Mr Archbald Jhonston, clercke of the assembley, elected to be procurator for the kirke, and Mr Robert Dagleische to be agent; and fees appoynted for them.

19 December, Sessio 26.

This day was read the draught of a suplication to be made by the assembley to the Kinges Maiestie, for his approuing, in the ensewing parliament, of ther procidinges and decrees.

Commissioners appoynted to the parliament, from the generall assembley of ministers; noblemens eldest sones and barons from all quarters, with thesse follouing propositions:—

First, That the præuilidges of the kirke be rattified, and ther power in holding generall assemblies.

2d. That the constitutions of the generall assembley be ratified.

3d. That presentations of kirkes be made by the patrons to the presbeteries, with power to them of collation.

4to. For augmentation of kirkes small stipends, lying in bischopericks and otheres.

5o. That no aduocation pas to counsell or session, from presbeteries and shyres, to hinder or impeade the censure of the kirke.

6o. That visitatione be made of colledges, by commissione from the parliament.

7o. That some few lynnes, by authority of parliament should be addit to the couenant, to be subscriued by all suche as heirafter should enter wnto the same.

Acte declaring ciuile places of kirkmen in counsaile, session, justice of peace, &c. woycinng in parliament, &c. all to be wnlawfull, and they recindit and anulled all former actes making the same lawfull.

Acte restoring kirke sessions, presbeteries, synods and assemblies, as they wer in Aᵒ 1580, in all respectes, and in ther members and elders, ther numbers and powar.

20 Decembris, Sessio 27.

In this session, ther was diuersse actes past, and transportations of ministers.

Acte ordaning the generall assembley zeirlie, and oftner pro re nata; as also ordaning the nixt generall assembley to be in Edinbrughe the 3d Vedinsday of Julij, 1639.

Therafter the moderator discoursed of the worke of reformation in this kingdome, and Gods workes therein, and of the coursse and progresse of the assembley; to this same purposse spake eache of them after ane other,

Mr Androw Ramsay,

Mr Dauid Dicksone,

Mr Robert Blaire,

Mr Androw Cant.

The Earle of Argyle, also, by occasione of speeiches wich fell from the moderator, spoke to the assembley of his longe delay and bydinng out, and not ioyning to the couenanters, not (said he) for want of affection to the good causse, bot to doe more good; wich, quhen it failled, he could byde no longer oute from them with the other syde, excepte he had beine a falsse knaue. He exhorted ministers to doe ther dewtiey, and to be respectiue of authority; also the ministers to peace and vnity amongest themselues.

Therafter the moderator clossed the assembley with prayer, and singinge of the 133 psalme, wpone the 20 day of December, 1638, being Fryday, about 6 a clocke at night.