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

The Commissioner said, Seeing that which is written on the backsyde of it may serve to further my masters service, why should a copie of it be denyed to me, seeing my desyre is reasonable? I cannot compell to give it, but, if it be denyed, what can I say but I am vsed in that as in the vther things?

My Lord Rothes said—The pairtie ingiver hes yet in his power to retreat and draw back both the Commission and all that is written upon it; and therefore the Clerk can give no copie nor extract of it till the Commision be authorized and made lawfull in judgement; for, till that, as it is only a privat paper which the ingiver may doe now if he have not a mynd to stand to it.

No, said my Lord Traquair, he may not draw it back, if it may contribute to the furtherance of the Kings service.

My Lord Lowdoun said he may not only draw it back, but ryve it.

No, said my Lord Traquair, seeing it is now produced in judgment; and the

Commissioner eikit—Not only is it produced in judgement, but hes at it the subscriptiones of a number of Noblemen barrons, who we hope will stand to it.

My Lord Montrois said—We will not passe from a jote of that which may serve for the clearing of the Commission.

Therefore, said the Commissioner, that which is written on the backsyde of the Commission, serves to prove the legalitie of the election of the Commissioner, and is used as ane argument to prove the illegalitie of ane uther Commission from the same Presbitrie. Why then should I not have a copie of that which is written on the backsyde of the Commission, seeing I find it serve much for the furtherance of my Masters service? My Lord Yester answered—It is not propper for the Clerk to give ane copie of extract of that which is not insert in the records of Assembly; and only the Commission will be registrat in the bookes of Assembly, when it is approven, but not that which is on the back of it.

The Moderatour eikit—Only that which is given to the Assembly for a Commission, may be craved of the Assembly; but that which is on the back of it is not given for a Commission, or any parte thereof, but only written on the back of the Commission given in accidentallie, and may be obliterat.

The Commissioner asked, how that could be called accidentall which had at it the subscription of 40 hand writtes, and produced in judgement to be read?