Records of the Kirk of Scotland / containing the Acts and Proceedings of the General Assemblies from 1638 downwards, as authenticated by the clerks of assembly.

by Church of Scotland. General Assembly

VII. Master Thomas Sandilands, in name of his father, who was late Clerk by dimission of Master Thomas Nicolson, hath produced a volume, which proveth the saids two registers of Master Iames Richie to be sufficient records; because that same Volume is begun by that same hand, whereby the said Master Iames Richie his registers are written, and is subscribed once in the margine by Master Iames Richie his hand, and is 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 Iames 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 cognosced and known to be his hand writ, by famous and worthy persons; which is also manifest by the said Master Iames his band 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 Iames 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 deest.

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 presupponed to have been done, but by corrupt men, of intension to corrupt the books, which were not necessary, if they were not principall registers.

XIII. In the Assembly 1586, 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 Iames Richie, Clerk, proporteth; which clearly evinceth that these 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 generall acts out of it, if it were not an approbation thereof, 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 Iames Carmichel, subscribed by himself, and Master Iames Richie, there are sundry acts and passages quotted out of the said fifth great Volume, saying, It is written in such a page of the book of Assembly, which agreeth in subject and quottations with the said fifth book, and cannot agree with any other; so that Master Iames 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 authentic famous book.