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

Sess. 4.
November 24, 1638.

The fourth day, be reason of the Commissioners delay in not comeing at his appoynted houre, the Moderatour desired that matters to be handled might goe one in his Grace his absence, and a promise that a full narration of thinges handled should be made knowne unto his Grace at his first incomeing, which the Comʳ refuised, seeing he was bound to give particular accompt to the Kings Majestie of everie thing done, therefore behoved to be ane witnesse of everie thing that should be done.

The Moderatour said—We left at the examination of Commissions, which serves for the constitution of the Assembly; and we crave that we may now proceed in the examination of Commissions; and the Commission given in for the Presbitrie of Dunce, was first read; next, the Commission for the Presbitrie of Chirnaide.

The Moderatour said—We need not to crave the voits of the Assembly anent every Commission; but, if none speake against a Commission, after it is read, we will hold silence for a consent and approbation of the commission.

The Commissioner answered—If ye appoynt that silence shall be taken pro confesso that the Commission is valide, I protest that my silence be not so exponed, but that I may have libertie to object against any Commission or Commissioner, in my owne tyme, becaus for the present, I am not instructed with objections which I have and will make hereafter; and to this protestation, the Moderatour, in name of the Assembly, assented; and so the Clerk went on to the reading of the rest of the Commissions, and red the third from the Presbitrie of Kelso; the 4 from Jedburgh; the 5 from toune of it; the 6 from Ersiltoun; the 7 from Lawder; the 8 from Selkirk; the 9 from the toune of it; the 10 from Dumbar; the ij from the toune of it; the 12 from Northberwick toune; the 13 from Hadingtoun; the 14 from Dalkeeth; the 15 from the Presbitrie of Hadingtoun; the 16 from Edinburgh; the 17 from the Colledge of it; the 18 from Linlithgow; the 19 from the toune of it; the 22 from the Presbitrie of Peibles, and a Protestation given in against it be Mr Robert Ellot, as a Commission purchased be indirect meanes used be the Lord Traquair.

My Lord Traquair, hearing his name called in question, thought himself much wronged, being calumnat be such a man, whom he would prove to be both a bryber and ambitious; and that he should be by him brought upon the stage before so reverent and grave ane auditour; and complained to the Commissioner of the Ingiver of the Protestation as ane infamous lybeller against ane officer of Estate, and Counsellour of his Majestie; and the Comʳ promised that the ingiver should be censured according to justice, in tyme and place convenient: therefore, both the Commission and the protestation was layd by till the fitt tyme of tryell.

The 23 commission was then read frome the toune of Peibles; the 24 from Middlebie; the 25 from Lochmaben; the 26 from the toune of it; the 27 from Mentoun; the 28 from Penpont; the 29 from Drumfreis; the 30 from the toune of it; the 31 from Kircudbright; the 32 from the toune of it; the 33 from New Gallaway toune; the 34 from the Sanquar toune; the 35 from Wigtoun toune; the 36 from Wigtoun Presb.; the 37 from Stranrawer; the 38 from the toune of it; the 39 from Air; the 40 from the toune of it; the 41 from Irving; the 42 from the toune of it; the 43 from Rosay; the 44 from Argyle; the 45 from Dumbartoun; the 46 from the toune of it; the 47 from Paisley; the 48 from Renfrew toune; the 49 from Glasgow; the 50 from the toune of it; the 51 from the colledge of it.

It was asked, why the Colledge of Glasgow put in 4 in their Commission, when uther Colledges hes but ane, and it was layd by to be examined.

The 52 [Com.] from Rutherglen toune; the 53 from Hamilton; the 54 from Lanerk; the 55 from the toune of it; the 56 from St Androwes; the 57 from the toune of it; the 58 from the Colledge of it; the 59 from the toune of Creall; the 60 from Kilreny toune; the 61 from Anstruther Easter; the 62 from Anstruther Wester; the 63 from Pittinweeme; the 64 from Coupar; the 65 from the toune of it; the 66 from Kirkcaldie; the 67 from the toune of it; the 68 from Dysert; the 69 from Kinghorne; the 70 from Bruntyland; the 71 from Dumfermling; the 72 from the toune of it; the 73 from Culros; the 74 from Innerkeithing; the 75 from Dumblane; the 76 from Auchterardour; the 77 frome Perth toune; the 78 from Dunkell; the 76 from Megle; 80 from Dundie; 81 from the toune of it; 82 from Forfor toune; 83 from Brechen, on the back of which Commission there was yʳ a declaration written in favours of the Laird of Din, Commissioner, subscryved be ane number of barons, and some noblemen to it, beside these insert in the Commission it selfe, who gave consent to the Commission. This writ, on the backsyde of the Commission, was for clearing the sufficiencie of it, in respect that ane vther Commission was granted be the same Presbitrie of Brechen, appointing my Lord Carnagie, ruleing elder, for ane Commissioner; ane copie of which Commission, with ane declaration upon the back thereof was craved be the Commissioner, vnder the Clerks hand, that he might thereby be the better instructed for objecting against any vther Commissions, and might have his mynd cleared in sundrie particulars which might conduce for the furtherance of his Majesties service.

The Moderatour answered, That his Grace should have ane copie of the Commission itselfe, but not of that which is written on the back of it, seeing it is not given as a parte of the Commission, but only a privat thing written by the ingiver, for clearing of his Commission.