era in mm ■ it?- *.« « r ■ e&omaa TBroton, Dalfceitb* as *\W 1 SC$ -^\i0i r he PRINCIPAL L ACTS OFTHESOLEMNEGENERALL vASSSMULY OF T.HE ^I'KK 0F SCOTLAND INDICTED BY THE K^I^igS ^MAfESriE, AND COMVEENED^^ At ?^ thesri. of j&gfy November 1U38. ^^^®y?J Vified, colle&ed, and extra&ed forth of the Regifter of the adls of the Lsfjfembly, h the Clerk thereof. Printed by the Heirs of Andrew Hart, szAnno Dom. 1639. To the Reader. f;.^25fW^ ! Twere long, neither do rve now intend., to rcprefcnt , volutin J the beginning, by the mercies of our Godandthemimflerie ^©^ll^®3 °f6isfaithfullfervants,was the reformation of this Kirk: ^IttsiilS what purity of doctrine andworflnp^what order , what au- thority, and what unity continued for many years .by the prayers and labours cfCMinifiers and Prof ejf ours , what novations and corruptions have been introduced upon ns of late , in the time of our divifion and defect ion, by fuch as have ever been enemies to the croffe ofChxi^and who have mind- ed earthly things : how many fold and how comfortable experience we have at this time of the care and compafsions of our Lord and Saviour prevent- ingtheuttcr ruine of Religion, and the horrible vacation of this Kirk , by looking upon the afflictions of his people , by hearing their grones, mocked by the world: and by moving the heart of our gracious and dread Soveraigne the Kings o. Having carefully viewed, perufed and confidered the /aids regi- fters,and every one of them, and being deeply and maturely advifedy as in a matter of greateft weight and confequence, do atteft before God , and upon our confeience declare to the world and this prefent AfTembly, that the faids foure regifters above exprefled, arid every one of them, are famous , authentick and good regifters : which ought to be fo reputed, and havepublick faith in judgement and out- with, as valid and true records in all things, and that the faid fifth and greateft book , beginning at the AfTembly 1 5: 6 o. and ending 155)0. being margined by the hand- writs of the Clerk, and revifer of the regifters , cognofced , and tryed , and agreeable to the other foure regifters, in what is extant in them , ought alfb to be free of all prejudice and fufpicion , and received with ere? dit. And in teftimonie of our folemnc affirmation, we have fub- fcribed thefe prcfents with our hands. Sic t ASSEMBLY. 163$, Sic fubfcribitur. CMafter Andrew Ramfay, zMaftef Iohn Adamfon, lM after Iohn Row. Majler Robert Murray, M after Alexander Gibfon. Mafter lames Boner. Mafter Alexander Peerfon. Mafter Alexander Wedderburn. Reafons proovfngthe five books and Re« giU 'ers produced before the Aftembly to be authentick. THe books now exhibited 'unto us under-fubfcribers , which we have revifed and perufed by commiflion from the gene- rail AfTembly, are true regiftcrs of the Kirk : to wit, Five volumes, whereof the fTrft two contain the acts of the AfTembly, from the year of God ijtfo.to the year 1572. all TubTcribed by Iohn Cray £Ierk. The third from the year of God 1574. t0 tne vcar 1579. The fourth from the year of God i$%6. to the year 1589. At- which time Mafter lames Richie was Clerk, who hath frequently written upon themargine ofthefaids twolaft books, and Tubicribed the faid margine with his hand- writing. And the fifth book being the greateft volume, containing the acts of the generall AfTem- bly , from the year of God 1560. to the year ijpo. which agreqth with the foreiaids other foure books'and regifters, in To far as is ex- tant in them, and further recordeth, what is wanting by them, paf- /ing by what is mutilate in them, and which with the two volumes produced by Mailer Thomas Sand/lands from the year r 5 5? . to this prefent , maketh up a perfect regiftcr. For the firfr two volumes TubTcribed by Iohn Cray, albeit it be I- riot necefTarin fuch anriquitieto proovethat he was Clerk , Teeing he defignes himfelf To by his fubfeription , yet the fame is made ma- nifeft by an act mentioned in the third book, in the time of Ma- iler lames Richie , who fuccecded him in the faid office, and his hand- writ was acknowledged by Tundry old men in the miniftcry. The uniformitieof his TubTcriptions through both vohimes,evi- If . «Ient by ocular infpeetion above theordinariecuftomc of mod fa- mous Notars, delivers the Tame from all fufpicionj in faclo tarn sntiquo. There be many coppics, fpecially of generall acts, yet extant, 1 1 1 A 2 which. 4 ifliJ 0£iV£4/( Ju^ which do not dcboid from the faids regifters, but are altogether agreeable thereto. 1 III. It is conftant by the univerfall cuftome of this Kingdomc, that all rcgifters are tranfmitrcd from one keeper ro his fuccciTour , and fo comming by progrelfe and fuCceflSon from the firft incum- bent to the laft poiTeiTbur , are never doubted to be the rcgifters of that judicatorie , -whereof the laft haver was Clerk, and there- fore it is evident , that thefe books comming fucceflively from John Gray , Matter lama Richie , and Mafler Thomas %icolfon^ who were all Clerks to the Affembly, into the hands of Mafler Robert Winrame , who was conftitute Clerk depute by the faid Mafler Thomas liholfon (as his deputation hereprefent to fhow, will tefti- fie)are the undoubted regifters of the Affembly : like as Alexander Blair fucceeded the faid CMafler Robert in his place of Clerkfhip to the aflignjtions and modifications of Miniftcrs ftipendsjand du- ring Mafler Robert his life-time, was his actuall fervanr, and fo had the faid books by progrelfe from him, which the faid Alexander is readie prefently to teftifie. V< The two rcgifters of Mafler James Richie , albeit not under his own hand, yet are frequently margined with his own hand- writ, and the fame marginall additions fubferibed by him , which hand- writ is feen and cognofced by famous men, who knbweth the fame , and is evident , being compared with his feverall writings and fubferiptions yet extant. VI* The faids regifters are more perfect, lefTe vitiated, fcored, and interlined , then any other authentick and famous regifters of the moit prime judicatories within this Kingdome. VII. Mafler Thomas SanMlands , in name %£ his father, who was late Clerk by dimiflion of Mafler Thomas %kolfbn^ hath produced a volume, which proveth the faids two regifters of ' OHaJter James Richie to be fiifficient records 5 becaufe that fame volume is begun by that fame hand , whereby the faid Mafler lames Richie (lis rc- gifters are written, and is fubferibed once in themargine by Ma- tter James Richie his hand, and is followed forth*, and continued in the fame book by Mafter Thomas TQcolfov^ who fucceeded him in the place,and was known by moft men here prefentto be offuch approven worth and credit, that he would never have accomplift]- cd a regifter which had not been famous and true: and whereof the hand-write, had not then been known to him fufflciently. VIII. That regifter produced by M r . Thomas Sandilands , and profecutcd by Mafter Thomas JVicolfon^pr oves the firft part of that regifter to be true andfamous, and that firft part being by ocular in fpection of the fame hand-writ, with (JMafter James Richies regifters, and fubferibed in the margine with the fame hand-wnr,proveth Richies two books to be good records, and Richies regifters doth approve Grays books by the aft of Aftembly before written : fpeciallv confide ring the fame hath come by progrefTe and fucceffion of Clerks, in the hands of ^Alexander Blair , now living , and here prefent. The ASSEMBLY. 1638. , 5 The comprs ancnt the thirds of benefices between the ke^cne I X. for the time, and the AflTembly, in thefecond volume, pag. 147, *re fubferibed by the Lord Regents own hand, as appeareth.' for it is a royall-like fubferiprion , and there is no hand writ in all the book like unto it, and beareth not Sic fibfcribitur 7 which un- doubtedly it would do, if it were a coppie. Mafter lames Carmichell was commanded by the gene rail Affem- x bty * 5 9 5» Se/T. 9. in the book produced by Mafter Thomas San- dilandsj to extract the generall ads forth of their books-, and it is evident thatthefe books are the fame which he perilled for that effect, becaufe he hath marked therein the' generall a&s with a croffc , and hath defigned the ad by fome fliort expre/fion upon themargine, which is cognofced aid known to be his hand-writ, by famous and worthy perfons: which is alfo manifeft by the faid Mafter lames his band and fubferiprion, written with his own hand in the laft leafe of the faid boaks •, as alfo acknowledged h the faid book, produced by M.ifter Thorn is Sandilands , wherein the faid cMdfter lames Carmichell granteth the receipt of thefe , with fome other books of the Affemblies. The regifters produced, arc the regifters of the AfTcmbly, xi becaufe in Anm 1 5 8 6. the Affembly complaineth that their re- gifters are mutilate: which hath relation to Kichies third book, which is lacerat and mutilate in divers places without any inter- veening of blank paper, or any mention of hie deep. If thefe were not principall regifters , the enemies of the puri- x II. tie of Gods worfhip , would never have laboured to deftroy the fame: which notwithftanding they have done} as appeareth by the affixing and battering of a piece of paper upon the margine, anenta condition of the commiflion not to exceed the eftabliflied difciplineofthis Kirk, fubferibedby the Clerk, book 3 pag. 147. And the blotting out the certification of the excommunication againft Bifhop Adamfon^ book 4. pag. 30. who in his Recantation generally acknowledged the fame: but which, without that recan- tation, cannot be prefupponed to have been done, but by corrupt men of intention to corrupt the books , which were not neceffary, if they were not principall regifters. In the AflTembly 1586. The Church complained upon the XIII.' Chancelour his retention of their regifters , and dclired they might be delivered to their Clerk , which accordingly was done ; as a memorandum before the beginning of the firft book, bearing the redelivcrie of thefe fourc books to CMafter lames Richie^ Clerk, proportcth-, which clearly cvinceththac thefe foarc books are the regifters of the AflTembly. The faid fifth book and greareft volume , is alfo marked on the XIII I. - margine, with the hand-writ of the faid W. lames Carmichell ( which is cognofced J who was appointed to perufethe books of the AflTem- bly as faid is , and would not have margined the fame by vcrruc of that command 3 nor extracted the generall acls out of it, if it were not 6 T H E G E E TCE R A LL not an approbation thereof, as an authentick and famous book, XV. The laid 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 fames and compleateth all what is lacking in them. XVI. j n tne book of Difci pline pertaining to Mafter fames Carmichell^ fubferibed by himfelf, and CMafter lames Richie , there arefundry ads and pafTages quotted out of the faid fifth great volume, fay- ing , It is written in fuch a page of the book of AiTembly , which agreeth in fubject and quotations with the faid fifth book,and cannot agree with any other ; fo that Mafter lames Carmkhell revifer of the AiTembly books , by their command , would noralledge that book, nor denominate the fame a book of the AiTembly , if it were not an authentick famous book. X V 1 1. Though the corrupt nature of man hath been tempted to fal- fifie particular evidents , yet it hath never been heard that any whole regifter hath ever been counterfeited ; neither can it bee prefup- poned that any will attempt that high wickednefTe , feeing the in- ducements anfwerable to that crime , can hardly be prefuppofed. XVIII. It is certain, and notour to all thefe who arc intrufted with the keeping of the publick records of the kingdome j that the fame are never fubferibed by the Clerk, but only written and filled up by fervants , and moil: frequently by unknown hands, yet they and theextracts thereof make publick faith, and the fame are uncontrovertedly authentick regifters ; and when the moft publick regifters of the kingdome ihall be;feen,and compared with thefe regifters of the AiTembly , it fhall be found that thefe; other regifters of the moft foveraigne judicatories ever unfubferi- bed are more incorrect, oftner margined, fcored, and interlined, made up by greater diverfitie of unknown hand- writs , than thefe books of the AiTembly, which by fpeciall providence are preferved fo intire , that in the judgement of any man acquainted with regi- fters,they will manifeftly appear at the very fight to be true, famous, and authentick. XIX. The fame and credit of ancient regifters in this kingdome, is fo much reverenced, that if any extract be different or difcon forme from the regifter, that extract albeit fubferibed by the perfon who for the time had been of greateft eminence in the truft of re- gifters, will be rectified, conformeto the regifter, and have no force, fo far as it debordeth there-fromj although the regifters fee Written with an obfeure, unknown hand, and unfubferibed. Act Kji S S E M B IT. irfjS A<5t. SefT. 12. December fourth. The fix late pretended Ajfemblies condemned. iNEN T the report of the Committie, for trying the fix laft pretended AlTemblies: They produced in writ fundrie reafons, clearing the unlaw fulneffe and nullitie of thefe AlTemblies : which were confirmed by the rcgifters of the AlTembly , the books of Presbyteries , the Kings Majefties own letters , and by the teitimonie of divers old reverend Jvlinifters , {tending up in the AlTembly , and veri- fying the truth thereof. The AfTcmbly with the univerfall con- fent of all , after the ferious examination of the reafons againfr. every one of thefe fix pretended Alfemblies apart , being ofcen urged by the Moderatour , to informe themfelves throughly, that without doubting, and. with a full perfvvafion of minde, they might give their voices > declared all thefe fix AlTemblies of Linlithgow I 6 06. and i6o$. GlafgotP 1610. Aberdeen 1616. S c . Andrews 1 6 x 7. Perth 16 iS. And every one of them to have been from the beginning unfree , unlawfull , and null Aflemblies, and never to have had, nor hereafter to have any Ecclefiafticall authoritie , and their conclusions to have been , and to bee of no force , vigour, nor efficacie : Prohibited all defence and obfervance of them ,and ordained the reafons of their nullitie to be infert in the books of the AlTembly: Whereof the tennour followeth s Reafons annulling the pretended Afiembly , holden at Linlithgow. \6o6. |^^f^Rom the indi&ion of it. It was indicted the third of ci* ' l$8fe> December , to bee kept the tenth of December. And fo : kepi there was no time given to the Presby tcries,far diftant, ^ neither for eleclion of Commiflioners , nor for prepa- ration to thofe who were to hz fent in Commiflion. The lhortnclTi: of the time of the indication is proved by the Presby tcne books of Edinburgh, Perth, and Hodtngtoun, &c. From the want of a lawfull calling, to thefe who went to that meeting , feeing they were not at all cle&cd by their Presbyteries, but werein/oyned to come by the Kings letters. This alfo is pro- ved by the forefaids books of the Presbyteries, and by his Ma- jefties letters. From the nature of that meeting, which was only a private nicer* ing, or convention, for conlultation to be taken by fonic pcrfons offundry II. III. 8 T H E G E N E R A LL of fundryeftatcs written for , as the Kings letters and the Presby- T - j - teiic books do acknowledge. From the power of thefe minifters who were prefent Their Presbyteries did limitate them: Firft, That they mould give no fuf frages in that meeting as a generall AfTembly. Secondly, That they agree to nothing that may any wayes be prejudicial! to the ads of thegenerall AfTcrnblies, or to the eftablifhed dif cipline of the Kirk. 1 hirdly , That they mould not agree to refolve or conclude any queftion, article, or mater whatfoever , the decifion whereof is pertinent, and proper to a free generall AfTembly. Fourthly, If any thing be concluded contrary thereunto , that they proreft a- gainft it. Thefe limitations are clear by the Presbyterie books. V. The acls of this meeting were not infert in the book of Af- iemblies , as is evident by the regifter. V I. The next pretended AfTembly at Linlithgow i 1608. dot,h ac- knowledge the AfTembly , whereof Mafter Patrick Galloway was Moderatour , to have been the laft immediate AfTembly, precee- ding it felfe : and that AfTembly whereof he was moderatour, was the AfTembly holden at Halyrood-houfe , i 6 o 2. So they did not acknowledge that meeting at Linlithgow , 1606. for any AfTem- bly at all. This is clear by the regifters of the AfTembly, 160 8. in the entrie thereof. Reafons for annulling the pretended Affembly at Linlithgow* 1 60 8. *• «• M A N I E of the voters in that pretended AfTembly had no |\/| lawfull commiffion from the Kirk, to wit, 42. Noble J.YX men, officers of eftate, Counfellours , and Barrons, alfo theBifhops, contiaretb^theacT: of Dundie^ 1597. And one of their caveats. The Noble men, were as eommiifioners from the King, the Bifhops had no commiffion at all from the Presbyteries, for every Presbyterie out of which they came, had their full num- ber of Commiffioners befide them, as the regifter of the Affem- TT bly beareth. 1 *• In a lawfull AfTembly there fhould be none but Commiffioners from Presbyteries , Burghs , and Univerfities , and but three mi- nifters atmoft , with one Elder , Commiffioners from every Pref- byterie , according to the acl: made at Dundie , r 5 9 7. But irt that pretended AiTembly, there werefoure minifters from the fe- verall Presbyteries , of Edinburgh^ and Cowper , five from the Pref. byterie of Arbroth , as the roll of the faid pretended AfTembly beareth ; whereas there were no ruling Elders Tent from Presbyte- ries, according to the book ofpolicie and acl ofcDundit* Reafons ASSEMBLY. J 6 $8. 9 Reafons for annulling the pretended Afimbly at Glafgoiv. 1610, fHe Commiflion of the pretended Commiflioners to I. that meeting was null. 1. Becaufetheele&ion of them was not free, feeing they were nominate by the Kings Letters, as the Presbyterie books of 'Edinburgh ^Perth^ and Hadingtom declare. And the Bifhop of S c . Andrews in his let- ter to fome Presbyteries, required them to fend fuch commiflioners as the King had nominate : Affuring them, that none other would be accepted. This the Bifhops letter rcgiftrat in the Presbyterie books of Hddingtoun doth cleare. 2. And whereas there were no ruling El- ders lent from the Presbyteries to that pretended AiTembly, as the roll of Commiflioners fheweth ; yet there wcremoe miniftersfrom fundrie feverall Presbyteries then three, as five from Brecben , five from Arbroth , five from Kirkcubright^ (even from the Presbytery ofArgyl , foure from the Presbyterie ok'cowpcr, foure from Linltth- . gotVj foure from Papy , foure from Hammiltoun , foure from Drum- freisj foure from Dtinkell: as the regifter of that Aflembly beareth. There were thirtie voters of Noble men and Barrons, befide I j, the pretended Bifhops, who had no commiflion from any Pref- byterie. In the fourth Seflion of this pretended AiTembly it is plain- ly laid, That the Noble men and Barrons came to it by the Kings direction. The voting of the commiflioners was not free : for by the Kings III. Letter to the AiTembly they were threatned , and it was declared that their confent was not needfull to any aft to be made there: The King might doe it by his own power , yet they were allur- ed to vote by a promife that their good fcrvicc in fo doing mould be remembred and rewarded thereafter. The principall acis which were made , were let down verbatim in j j j r o the privie conference , which chiefly confifted of the Kings Com- miflioners and pretended Bifhops , and only read to be ratified in the AflTcmbly. Sundrie ministers then prefcnt,doe now declare , that they knew y the minifters who voted the wrong way , to have received their prefent reward, and that money was largely dealt unto them. Reafons for annulling the pretended Affembly at Abcrdcne, 1 6 1 6. THere was no election of a Moderatour: but that place ufur- j. ped by the pretended Bifhop of Saint Andrews , as the Re- gister beareth. The indiSion of that pretended AiTembly was but twentie dayes I L B before io r H E G E 1i_E R A LL before the holding ofit : fo that the Presbyteries and burghes could not be prepared for fending their commffioners : which caufedthe abfence of many Presbyteries and fourtie foure Burghes. III. There weretvvemie five nobIe-men,and gentle-men .voters with- out commiflion from the Kirk. M ,£ . William Stmthers voted for the Presbyterie of Edinburgh , yet had no commiflion there-from : The commiflion being given by that Presbyterie to other three , as the laid Commiflion regiftrat in the books of the Presbytery beareth. And whereas there mould be but one Commiflioner frpm every burgh, except Edinburgh , to the Affembly j at this pretended Af- fembly , there were two Commifsioners from Glafgow , two from Cowper , two from S c , Andrews : whereas there were no ruling El- ders having commiflion from their Presbyteries at that Affembly. 1 1 II. When the acts of that pretended affembly were written , the Bifhop of S^ Andrews with his own hand did interline, adde, change, vitiate , direct to be extracted or not extracted , as he p leafed ; as the fcrolls themfelves feen, doe mow 5 wherefore the Clerk did not regiftrat the acts of that Affevnbly,in the books of Affemblics, as may be eafily feen by the blank in the regifter lefc for them re- maining unfilled. The nullitie of the pretended Affem- bly at Saint Andrews, i6ij, I. 8ip|Herels no mention of it in the regifter of the Aflemblies, gl| and fo no warrand for their commifsions , their Modera- tes tour or Clerk. 1 1. The indiction of it was fo unformall, that as the fcroll declar- eth, a great part of the Commifsioners from Synods, Burro ws,and gentle-men, would not be prefent. III. TheKings Majeftie in his letter to Berths Affembly, acknow- ledged it was but a meeting , wherein difgrace was offered to his Majeftie. 1 1 1 1. The former corruptions of the foure preceeding AfTemblies had their confluence in this and the fubfequent Affembly. Reafons for annulling the pretended Afiembly , holden at Perth, 1 6 i 8. $8J3SHe Affembly was indicted but twentie dayes before the hold? !• fjTi ing of it: and all parties requifit received not advertife- ^S3=sa ment,asappcareth by their abfence. The untimous indicting of it, is cleared by Presbyterie books. There A S S E M B L T. 16 z2. ir IT There was no cle&ion of the Moderatpur , as was accuftomed •*' to be in lavvfull AfTemblies \ The rcgifter cleareth this. No formall ele&ion of their new Clerk. III. There were five whole Dyocies abfent, viz. Orkney^ Cathncs, II II. Rofie, Argyll, and Ijles : and many Presbyteries had no Commif- fioners there, as the regifter of that pretended Affembly beare:h. V. There were nineteen noble-mcnand Barrons, eleven Bifhops,that had no Commifsion from the Kirk. Whereasthe a& for co.iftimci- on of AfTemblies, ordaineth every Burgh to have but one Conmif- floner, except Edinburgh , which may have two ( Act. at Dundie> 1 5 9 7) y et m tnat pretended Affembly , Perth had three Commif- fioners, Dnndie had two , Ghfgow had two, and S : . Andrews had two : Of the Burghcs there were thirtie fix abfent: And for ruling Elders, there were none at all with commifsion from their Pick byteries. All thefe things are cleared. by the records of that pre- tended AfTcmblie. The Commifsioners from fome Presbyteries exceeded their num- y j ber , prefcribed in the ad at Bundle , 1597- for the Presbyterie of 'At broth were foure Commiffioners, and foure for the Presbyte- rie of ' Aughter-ardour .-Befide thefe that were heard to vot, having no commiffionat all,and fome who had commiflion were reje&ed^and were not enrolled,but others put in their place without commirfion. The pretended Bifhops did practife fome of the articles to be y 1 1. concluded there, before the pretended Affembly , in Edinburgh^ S c » Andrews^ and other caqhedrall Churches, by keeping feftivall dayes , kneeling at the Communion. Thus their voices were pre- judged by their pra&ife of thefe articles before condemned by the Kirk, and therefore they fhould have been fecludedfrom voicing. In all lawful! AfTemblies, the voicing fhould befrce: But in this VI ll# pretended Aflembly there were no free voicing; for the voicers were threatned to voice affirmative^ under no lefTe pain nor the wrath of authoritie , imprifonment , banifhment , deprivation of rnifiiiters ? and utter fubverfion of the flate. : Yea y it was plainly profefled, that neither reafoning., nor the number of voices fhould carie the mat- ter away: Which is qualified' by the declaration of many borieft old reverend brethren of theminiftery now prefent. In all jawfuil AfTemblies j the grounds of proceeding were,and I X. ufed to be, the word of God, the confeffion of Faith , and acts of former generall AfTemblies. But in this pretended Aflembly , the ground of their proceeding in voicing, was the kings command- mentonly : For fo.the queftion was ftated: Whether the five article^ inrejpeci of his MajejHes commandemeht , fhould pafic in att^ornot /ps-the records of that pretended Affembly beareth. Whereit is deckrec^ that for the reverence and refpect which they bear unto his Majesties royall commandements,they did agree to the forefti&s articles. Many other reafons verifying the nullitie of all thefe AfTemblies; v" 1 were fhowen and proven before the Affembly , which ncedetli toot here to be infert. B 2 Art. 12 THE G EN E R A LL A&. Seff. 13. December 5. \6 3 8. Againfi the unUvtfull oathes of intrants. T He fix AfTcmblies immediately preceedin?,for mod juftand weightie reafonsabove-fpecified, being found to be unlaw- full, and null from the beginning: The Alfembly declareth the oathes and fub'fcriptions exacted by the Prelates ofintrantsin the •minifterie all this time by paft ( as without any pretext of warrand from the Kirk , fofor obedience of the acts of thefe null AJTemblies, and contrare to the ancient and laudable constitutions of this Kirk, which never have been nor can be lawfully repealled , but m Lift ftand in force ) to be unlawfull , and no wa y obligatorie. And ia like manner declareth,that the power of Presbyteries, and of provinciall andgenerall Aflemblies, hath beenunjuftly fupprefled, but never lawfully abrogate. And therefore that it hath been moft lawful! unto them , notwithstanding any point unjuftly objected by the Prelats tothecontrare, to admit, fufpend, or deprive minifters, rejjretfive within their bounds, upon relevant complaints fufficiently proven -, tochoofe their ownModeratours , and to execute all the parts of ecclefiafticall jurifdiction according to their own limits appoined them by the Kirk. < Aft. SefT. 14.. December 6. 1638. Condemning the fervice book, book of Canons, book of ordination, and the high Commifsion. ^^HeAflembly having diligently confidered the book of com- _ g i l| mon prayer , lately obtruded upon the reformed Kirk with- *• B ; 53e9 inthis Realme,bothinrefpect of themanner of the introduc- ing thereof, and in refpect of the matter which it containeth, find- eththat it hath been deviled and brought in by the pretended Pre- lats , without direction from the Kirk ; and prefled upon minifters without warrand from the Kirk , to be univerfally received as the on- ly forme of divine fervice, under all higheft paines, borhcivill and eccleflafticall, and the book it felf, befide thepopijh frame and forms in divine worfhip, to containe many popifh errours and ceremonies, and the feeds of manifold and grofle fuperftit/on and idolatrie. The AiTembly therefore all in one voice, hath rejected, and condemned and by thefe prefents doth reject and condemne the faid book , not onlyas illegally introduced , but alfo as repugnant to the doctrine, diicjipline and order of this reformed Kirk , to the confeflion of PaitH, conftirutions of generall Aflemblies, and acts of Parlia- ment eftabliming the true Religion ; and doth prohibite the ufe and practife thereof: and ordaines Presbyteries to proceed with the cenftireof the Kirk againft all fuch as mail tranfgreffe. 1 1. The AfTembly alfo,takingto their consideration the book of Can- Dons , and the manner how it hath been introduced , findeth that it hath A S S E M B LT. 16$%. I* hath been deviled by the pretended Prelats, without warrand or dire- ction from rhe general! Aifemblyiand to eftablifh a ty rannicall power intheperfons of the pretended Bifhops , over the worfhipofGod, mens confeiences , liberties and goods, and to overthrow the whole difcipline and government of the generall and Synodall Aflemblies, Presbyteries , and Seffions formerly eftablifhed in our Kirk, Therefore the Aflfembly all in one voice hath rejected and con- demned , and by thefe prefents doth reject and condemne the faid book , as contrare to the confeffion of our Faith , and repug- nant to the eftablifhed government, the book of Difcipline , and the ads and conftitutions of our Kirk: prohibits the ufe and practifcof the fame j and ordains Presbyteries to proceed with the cenfure of the Kirk againft all fuch as (hall tranfgrefle. TheAflembly having confidered the book of confecration and HI* ordination , findethitto have been framed by the Prelats t to have been introduced and pradifed without warrand of authority, either civill or eccle/iafticall: and that it eftablifheth offices in Gods houfe, which are not warrandedby the word of God, and are repugnant to the Difcipline, and conftitutions of our Kirk, that itis an impedi- ment to the crime of fit and worthie men to the miniftery , and to the difcharge of their dutie after their entrie, conforme to the di- fcipline of our Kirk. Therefore the Afl'embly all in one voice hath rejected and condemned , and by thefe prefents doe reject and con- demne the faid book ;and prohibits the ufe and practife of the fame: And ordaines Presbyteries to proceed with the cenfure of the Kirk againft all fuch as flial I tranfgrefle. The generall AfTembly , after due tryall , having found that the j j j j t Court of high Commiffion , hath been erected without the confent or procurement of the Kirk, or confent of the Eftates in Parliament, thatitfubverteththejurifdictionand ordinarie judicatories and Af- femblies of the Kirk, Seflions , Presbyteries, provincial! and natio- nal! AfTemblies , that it is not regulate by lawes civill or ecclefiafti- call, but at thedifcretion and arbitrement of the Commiffioners; that itgiveth to ecclefiafticall perfons,the power of both thefwords, and to perfons meerly civill,the power of the keys and Kirk cenfures: Therefore the AfTembly all in one voice , hath difallowed and con- demned , and by thefe prefents doth difallow and condemne the faid court, as unlawfull in it felfe, and prejudicial! to the liberties of Chrifts Kirk and Kingdorae, the Kings honour in maintaining the eftablifhed lawes and judicatories of the Kirk ; and prohibits the ufe and practife of the fa ne ; and ordaines Presbyteries to proceed with the cenfutes of the Kirk, againft all fuch as fhall tranfgrefle. xjtfterthefcrious difcufing of the fever all Froceffcsjn many Sefions, from Sejf.i^. {which are in the Clerks hands , andneedeth not here toheinfert ) the following fentences were folcmnlj pronounced af- ter Sermon by the Moderatout , in the Afembly of GlafgOW, Sefi 2q. December ij # 1638. Sentence r4 THE GENERA LL Sentence of depofition and excommuni- cation againft M r . Iehn Spottiswood, pretended Arch- bifliop of S\ Andrews ; M r . Patrick Lindfay^ pre- tended Archbifhop of Glafgow .• M r . David Lindfay^ pretended Bifhop o{ Edinburgh: M r . Thomas Sidferfe, pretended Bifhop of Galloway : M r . Iohn Maxwell , pre- tended Bifliop of Rofie: M r . Walter Whytfoord^ pretended Bifhop of Brechen. g^j He generall AfTembly, having heard the lybels and com- pj plaintSjgi ven in againft the forefaids pretended Bifhops HC t0 ^e Presbyterie of Edinburgh , and fund ry other M Presbyteries within their pretended Dyocies, and by £ the faids Presbyteries referred to the AfTembly , to be tryed ; The faids pretended Bifhops being lawfully citeM , often-times called, and their Procutour DocJoitr Robert Hammiltoun, and not compearing , but declining and protefting againft this AfTembly , as is evident by their declinatour andproteftation given in by the faid ^rf T R0btn - Hammiltmn minifter at Glasfoord, which by the adts of Aflembly is cenfurable with fummar excommunication : Entered in confederation of the faid declinatour, and finding the fame not to be relevant , bur on the contrare to be a difplayed banner againft the lerled order and government of this Kirk , to be fraughted with in- ioent and difdainfbll fpeeches , lies and calumnies againft the la w- tullmembers of this AfTembly, proceeded to the cognition of the faids complaints , and lybels againft them ; and finding them guiltie of the breach of the cautions, agreed uponinthe AfTembly holden at Montrofe, Anno 1600. for drifting of the minifter voter in Parliament, from incroaching upon the liberties and jurifdiclion of this Kirk, which was fetdown with certification of depofition,in- tamie, and excommunication, fpecially for receiving ofconfecra- tion to the office of hpifcopacie, condemned by the confeffion of Faith , and arls of this Kirk, as having no warrand, norfoundament *fh XV0ri * o fGod,andby verue of this ufurpedpower,and power of the high Com million, preffmg,the Kirk with novations in the worfhip of God. and for fundrie other haynous offences,and enormi- ties, at length .expreflTed, and clearly proven in the r procefle,and for their refufall to underly the tfyall of the reigning flartder of lundne other grofTe tranfgrdfions andciymes laid to their charge- Therefore the AfTembly moved with zeal to the gloric of God, and purging of his Kirk, hath ordained the faids pretended Bifhops ro ° e d Pofed i and by thefe prefents doth depofe them , not only of the office of Commiffionarie to vote in Parliament, Councell,or Convention in name of the Kirk, butalfoofail functions whether ofpre- k^SSEMBLT. 1638. 15 of pretended Epifcopall or minifteriall calling ,declareth them infi- mous . And likewife ordaincth the faids pretended Bifhops to be cxcom!nunicate,and declared to beof thefc whom Chrift command - cth to be holden by all and every one of thefaithfull as ethnicks, and publicanesjand the kivence of excommunication to be pronounced by M r . Alexander Henderfon^ Moderatour in face of the Affembly in the high Kirk ofGUJgow. and the execution of the fentence to bee intimat ia all the Kirks of Scotland by the Paftours of every particular congregation, as they will be anfwerable to their Prefs byterics and Synods,or the next generall Aflembly , incafeofrhe negligence of Presbyteries and Synods. Sentence ofdepoficion and excommunication, Jgainjl M 1 '. Adam Ballantyne , fret ended Bijhop of Aberdeen , and M r . lames Wedderburn pretended Bijhop of Dumblanc. THe generall Aflembly , having heard the Jybels and com- plaints given inagainft the forefaids pretended Bifhops , of Aberdeen , and Dumblanejoxhe. Presbytery ofEdinbttrgh^nd fundry Presbyteries within their pretended Dyocies , and by the faids Presbyteries referred to this Affembly to be tryed : The iaids pretended Bifhops being lawfully cited, often-times called, and not compearing, proceeded to the cognition of the complaints and lybels againft them , and rinding them guiltie of the breach of the cautions , agreed upon in the Affembly holden at Montrofe , Anno 1 60 o.for rcftri<5ting theminifter voter in Parliamenr,from encroach- ing upon the liberties and jurifdi&ions of this Kirk , which was fet down with certification ofdepofition , infamieand excommunica- tion, fpccially for receiving confecration to the office of Epifcopa- cie, condemned by the confeffion of Faith, and ads of this Kirk, as having no warrandnorfoundament in the word of God , and by vertueofthis ufurped power, and power ofthe high Commiflion, preffing the Kirk with novations in the worfhip of God, and for fun- dry other haynous offences and enormities , at length expreffed, and clearly proven in their Procclfe, and for their refufallto underly the tryall of the reigning flander of fundry other groffe tranfgrcflions and offences laid to their charge.- Therefore the affemblymoved with zeal to the glorieof God, and purging of the Kirk, hath ordained the faids pretended Bifhops to bcdcpofed,and by thefe prcfents dorh depofethcm^notonly ofthe office of Commi/fionary to votin Par- liament, Councell, or Convention, in name ofthe Kirk, but alio of all functions, whether of pretended Epifcopall or minifteriall cal- ling,declareth them infamous: And likewife ordains the faids preten- ded Bifhops to beexcommunicate and declared to be of thefe whom Chrift commanded to be holden byall and every one ofthe faithfull as Ethnicks asEthnicks and Publicans, and the fenrence of excommunication tobc pronounced by M r . Alexander Henderfon Moderatour , in face of the AfTembly, after Sermon, in the high Kirk of Glafgoiv. and that the execution ofthefentencebeintimatinallthe Kirks within this Realmc , by the Paftours of every particular Congregation , as they will be anfwerable to their Presbyteries and Synods,or the next gene? rail AfTembly , incafe of the negligence of Presbyteries and Synods. Sentence of depoficion againft Matter Iohn Guthry , pretended Bifhop of (Murray: M r . Iohn Grahtme pretended, Biihop oforknay. M r . lames Fairlit , pretended Bifhop of Lifmoir: M r . 'HeilCambdl^ pretended Biihop of 'Ijles. I He generall AfTembly having heard the lybels and complaints given in againft the forefaids pretended Bifhops , to the Presbyterie of Edinburgh , and fun- drie Presbyteries within their Dyocies , and by the faids Presbyteries referred to this AfTem bly to bee tryed : The faids pretended Bifroos being lawfully cited, often-times called , and not compearing,' proceeded to the cognition of the complaints and lybels againft them; and finding them guilrie of the breach of the cautions agreed upon in the Af- Tembly at -Mw/™/?, Anno 1 60 o v for reft riding of the minifter voter in Parliament , from incroaching upon the liberties and jurifdiclions of this Kirk, which was fetdown with certification of depofition,in- famie and excommunication ; and efpecially for receiving confe- crationtothe oifice of Epifcopacie condemned by theconfeffion of Faith , and a<5rs of this Kirk, as having no warrand nor foundament in the word of God , and by venue of this ufurped power , and power of the high commiffion , prefTing the Kirk with novations in the worfhipofGod; and for their refufillto underly thetryall of the reigning (lander of fundrie other grofl'e tranfgreffions and offences, laid to their charge: Therefore the AfTembly , moved with zeal to the glorie of God , and purging of this Kirk , ordaines the faids pre- tended Bifhops, to bee depofed, and by thefe prefents doth depofe themmotonly ofthe office of commitfionarie,to vote in Parliament, Councel , or convention in name of the Kirk : But alfo of all functi- ons , whether of pretended Epifcopall , or minifteriall calling : And likewife incafe they acknowledge not this AfTembly , reverence not the conftitutions thereof, and obey not the fentence , and make not their repentance, con forme to the order prefcribed by this AfTem- bIy,ordaines them to be excommunicated, and declared to beeof fchefewhom Chrift commandeth to beholden by all and every one of the A S S E M B L T. i6$8. 17 of the faithful! as Ethnicks and Publicanes : and the fentence of ex- communication to be pronounced upon their refufall, in the Kirks ap- pointed, by any ofthefe who are particularly named, to have the charge of trying their repentance or impenitencie, and that the execution of this fentence bee intimate in all the Kirks within this Rcalme by the Paftours of every particular Congregation, as they willbeanfwerablero their Presbyteries and Synods, or the next gcncrall AfTembly, incafe of negligence of the Presbyteries and Synods. Sentence of depoficion again ft Maifter Alexander Lindfiy pretended Biihop ofDunkelt. He gcncrall AfTembly having heard thecom- fft cK" fl l 1a > ^ plaint and lybel given in againft M r . ^Alex- l^^S *Lfe^ ander Liadefay pretended Bifliop of Dunkell^ to the Presbytery of Edinburgh^ and fundry Presbyteries of his pretendedDyocie,and by the Presbyteries referred to this Afleinbly to be tryed : The faid pietcnded Bifliop being lawfully citcd,often-times called,¬com- pearingj but by a letter of excufe fubmitting himfclf to the AfTembly, proceeded to the cognition of the complainc andlybellitfelfeagainfthim, and rinding him guiltic of the breach of the cautions agreed upon in the AfTembly holden at CMontrofe y Anno 1 600. for reftri&ing the miniftcr voter in parliamcnt,from en- croaching upon the liberties andjurifdiclions of this Kirk, which was fetdown with certification ofdepofition , infamie and excom- munication, efpccially for receiving confecration to the office of EpifcopaciecondemnedbytheconfefTion of Faith, and afts of this Kirk , as having no warrand nor foundament in the word of God, and by venue of this ufurped power, and power of the high Com- miffion , prcfllng the Kirk with novations in the worfhip of God: Therefor j the AfTembly moved with zeal to the glory of God , and purging of this Kirk, hath ordained the faid M r . Alexander to bee depofed, and by thefc prefents depofethhim, from the pretended Epifcopall function, and from the office ofcommiffionarieto votein Parliament, Counccll or Convention in name of the Kirk, and doth fufpend him from all minifteriall function , and providing he ac- knowledge this AfTembly , reverence the conftitutions of it , and obey this fentence, and make his repentance conformeto the order, prefcribed , continucth him in the miniftcrie of S c . Madozty And Jikcwife, if he acknowledge not this AfTembly, reverence not the conftitutions of it, and obey not the fentence , and make his repen- tance , conformc to the order prefcribed by this AfTembly , ordains Him to be cxcommunicat , and declared to bee one of thofe whom C Chria jg THE G E N h K A LL Cbrift commandeth to bee holden by all and every one of the faith- full, as an Ethnick and Publicane, and the lenience of ex communi- cation to be pronounced upon his refufall, in the Kirks appointed, by oneofthefewhoare particularly named, to have the charge of trying his repentance or impenitencie, and that the execution of this fentence be intimate in all the Kirks within this Realme, by the Pa- ftours of every particular congregation , as they will be anfwerable to their Presbyteries and Synods, or the next generall AiTembly, incafcofthe negligence of Presbyteries , and Synods. Sentence of depofition againft Matter Iohn Abernetbie pretended BiiTiop of Cathnes. THe generall AlTembly having heard the lybell and complaint given in againft M r . Iohn Abernethie pretended Bifliop of Cath- nes to the Presbytery of Edinburgh ^andfundry Presbyteries within h is Dyocie: And by the faids Presbyteries, referred to this AfTembly to be tryed : The faid pretended Bifhop being lawfully cited, often-times called , and not compearing , but by his letter of excufe upon his fickneiTe, proceeded to the cognition of the com- plaint andlybellitfelfe- againft him, and finding him guiltieof the breach of the cautions , agreed upon in the AiTembly holden atMon- trofe , Anno 1600. for reftridting the minifter voter in Parliament, from encroaching upon the liberties and jurifdictions of this Kirk, which was fet down with certification of depofition , inf imie and excommunication, fpecially for receiving confecration to the office of Epifcopacie , condemned by the confeflion of Faith , and acls of this Kirk,as having no warrandnorfoundamentin the word of God, and by vertueofhis ufurped power, and power of the high Com- miflion, preffing the Kirk with novations in the worfliip of God: Therefore the afTembly moved with zeal to the glorieof God, and purging of this Kirk , hath ordained the faid M r . Iohn to bedepofed, and bythefe prefents depofeth him from the pretended Epifcopall function , and from the office of Commiflionary to vote in Parlia- ment, CounceI,or convention,in name ofthe Kirk,and doth fufpend him from the minifteriall function . And providing he acknowledge this AfTembly, reverence the conftitutions of it , and obey the fen- tence , and make his repentance conforme to the order prefcribed by this AiTembly, will admit him to the minifterie of a particular flock: andlikewife, incafe heacknowledge notthis Affembly,reverence not theconftitutions of i^ and make his repentance conforme to the or- der prefcribed by this AfTembly , ordains him to beexcommunicate, and declared to be one of thefe whom Chrift commandeth to bee holden by all and every one of the faithfull as an Erhnick and Pu. blicane; and the fentence of excommunication to be p ronounced up- on his <_// S S E M B L r. 1638. \9 on his refufall in the Kirks appointed , by one of thefe who are par- ticularly named to hive this charge of trying his repentance orim- penitencie, and that the execution of this fentence be intimatin all the Kirks withinthis Realme, by the Paftours of every particular Congregation , as they will be anf verable to their Presbyteries and Synods, or the next generail Aflfembly, incafe of the negligence of Presbyteries and Synods. Ad: of the Affembly at Cjlafgow Seff. 16. Decembe r 8 . 1 6 $ 8 . Declaring Epifcopacie to havebeert abjured by the Confession of Faith , 1580. And to be removed out of this Kirk. THe Aflfembly taking to their moit grave and fcrious conside- ration j firfl: the unfpeakable goodneflfe, and great mercy of Goi, manifeftedto this Nation, in that foneceffarie 3 fo diffi- cult , and fo excellent and divine work of reformation , which was at la ft brought to fuch perfection, that this Kirk was reformed , not only in doctrine and worfhip, but alio after many conferences and publick reafonings in divers nationall AfTemblies , joyned with fo- lemne humiliations and prayers to God , the difcipline and govcrn- mentof the Kirk, as the hedge and guard of the doctrine and wor- fhip, was prefcribed according to the rule of Gods word, in the book of Policie and Difcipline, agreed upon in the Aflfembly 1578. and infert in the regifter 1 581. eftablifhedbytheacts of AfTem- blies, by the confeffion of Faith , fworn and fubferibed , at the di- rection of the Affembly , and by cont nuall practifc of this Kirk: Secondly , that by mens feeking their own things, and not the things of Iefus Chrift •, divers novations have been introduced to thegreat difturbance of this Kirk, fo firmly once compacted, and to theen- dangcring of Religion , and many gro fife evils obtruded, tothe ut- ter undoing of the work of reformation, and changeof the whole forme of worfliip and face of this Kirk: Thirdly ,that all his Maje- flies Subjects both Ecclcfiafticall and civil,bcing without confentof the Kirk, commanded to receive with reverence a new book of com- mon prayer, as the only forme to be ufed in Gods publick worfhip, and the contravecners to be condignely cenfured , and punifhed , and after many fupplications and complaints, knowing no other way for the pr Nervation of Religion ; were moved by God, anddrawnc by neceffitic, to renewthe nationall Covenantor this Kirk, and King- dome, which the Lord fincc hath bleffed from heaven, and to Gib? fcribe the Confefsion of Faith , with an application thereof, abjuring thegreat evils wherewith they were now preffed, and fufpending the practife of all novations formerly introduced, till they fhould becrryedin a free general! Affembly : Laftly ,that fome of his Ma- jeures Subjects of fundrie ranks, hive by his jvtajefties commande- C z' mcnC" 20 T H E G E l^E R A LL ment fubferibed and renewed the confeifion of. Faith , without the formerapplication, andthar borh the one and the other fubferibers have fubferibed the faid Confeffion of Faith in this year, as it was profeffed, and according to the meaning that it had in this Kingdome, when it was firft fubferibed 1581. and afterward, The Affembly therefore, both by the fubfeription of his Majefties high Commifsio- wr,andortheLordsoffecretCoiincel,Septem. 22. 163S. And by the acts of Gouncel, of the date forefaid , bearing that they fubferib- ed the faid Confeifion , and ordaining all his Majefties Liedges to fubferibe the fame , according to the forefaid date and tenrtour, and as it was then profeffed within this Kingdome, as likewife by the Proteftation of fome of the Senatours of the Colledge of juftice, when they were required to fubferibe , and by the many doubtings of his Majefties good Subjects, efpecially becaufe the fubferibers of the Confeifion in February 1638. are bound to fufpend the appro- bation ofthe corruptions of the government of the Kirk, till they be tryed in a free generall Affembly; finding it proper for them, and moil neceffary and incumbent to them, to give out the true meaning thereof as it was at firft profeffed , That all his Majefties Subjects in a matter fo important; as is the publick Confeffion of Faith ,fo fo- lcmnelyfwornand fubferibed, may be of one minde,and one heart, andhavefullfatisfactiontoall their doubts , and that the pofteritie afterward may be fully perfwaded ofthe true meaning thereof , after carneft calling upon the name of God, fo religioufly attefted in the faid Confeffion 5 haveentered into a diligent fearch ofthe regifters of the Kirk , and books ofthe generall Affembly , which the gr-eateft part ofthe Affembly had not feen before; andwhichby thefpeciall providence of God were preferved , brought to their hands , and pu blickly acknowledged tobeeauthentick,and have found that in the fatter confeffion ofthe Kirk of Scotland: We profefle , that we detefte all traditions brought into the Kirk without , or against the word of God ', and doctrine of this reformed Kirk ; Next, rve abhorre and de- tefte all contrarie religion and doctrine y but chiefly, Allkinde ofpapiftry in generally and particular heads , as they were then damned and confuted by the word of God, and Kirk 0/ Scotland, when the faid Confefsion . was fworn and fubferibed , Anno 1580. and 158 1. 1590. and 159 r. Thirdly , that we detefte the Romane Antichrift , his worldly monar- chic , and nicked hierarchic : Fourthly , that we joyn our f elves to this reformed Kirk in Doctrine^ Faith , Religion , and difcipline , promijing and [wearing by the great name of G O D , that we (hall continue in the Doclrine and Difcipline of this Kirk , and defend the fame ace or ding to eur vocation and power , all the day es of our life. But fo it is that Epifcopall government is abhorred and detefted, and the government by Minifters and Elders, in Affemblies generall and provinciall, and Presbyteries was fworn to, and fubferibed in fubferibing that Confeffion v and ought to beholden by us, if we adhere to the meaning ofthe Kirk, when that Confeffion was framed, fworn to 3 and fubferibed 5 unto which we are obliged by thena- /fJJiJHJJii, lO?0, 21 the nationall oath and fubfcription of this Kirk, as is evident by the acts ofgenerall Aflcmblies , agreed upon bo:h before , at , and after the i wearing and fubferibing of the (aid Confeflion,in the years above-mcnrjoned,and the book of policie agreed upon in the Affem- bly which was holden at Edinburgh the twentie fourcof ^ipril, and twentie foure of October , Anno 1578. Infert in the regifter of the Kirk, by ordinance of the Aflembly holden a: Glafgow ij8r.andto befubferibed by all Minifters, that then did bear, or thereafter were to bear office in this Kirk, by ordinance of the Aflembly holden the fourth of ^ug-ift & Edinburgh 1590. And at Edinburgh the fe- cond of Iuly 15^1. butfpecially in the 2. 3. 4. 6. 7. and 11 chap- ■ ters of the faid book. The Bifliops beingtollerat from the year 15 72. till the Aflembly holden mAugufi 1 575 .And all this time the Aflembly being wearied with complaints made againft them, did enter in fearch of the office it felfe , and did agree in this, that the name of a Bifhop is common to every one of them that hath a particular flock , over which he hath a particular charge , as well to preach the word, as to minifter the Sa- craments. At the next Aflembly which was holden in April 1576. Such Bi- fliops were cenfured as had not taken them to a particular flock. In the generall Aflembly conveened in April the year of God 1578. Self. 4. intimation was made as folio wcth. For fo much as the heads of the policie being concluded and agreed upon in the last Afembly, by the moft part of the brethren: certain of the brethren had fome diffcultiz in the head de dhcomt\.\,whereupon farther reafoning was refervedto this Afembly : It is therefore required , if any of the brethren have any reafonable doubt or argument to propone , that he be ready the morow , and then pall be heard and re folved. In 'the 6. Self. April 26. According to the ordinance made the day before; all perfons that had any doubt or argument to propone , were re- quired to propone the fame: but none offered to propone any argu- ment on the contrare. In the Aflembly holden at Edinburgh , in October 1578. It was fliowen by the Moderatour thereof to the noble-men, who were pre- fent,viz. My Lord Chancelour ,the Earlc of Montrofe, my Lord Sexton, and my Lord Lindfay, What care andfludy the Afembly had taken to cn- Urtainand keep the puritie of the Jincere word of Goh , unmixed with the inventions of their own heads , and to preserve it to the post critic hereaf- ter, and feeing that the true Religion is not able to continue nor endure long without agood Difciplinc and policie, in that part alfo have they tm- ployed their wit and ftudie , and drawen forth out of the pure fountain of Gods word, fuch a Difciylwe as is meet to remain in the Kirk. In the fame Aflembly, the fpeciall corruptions were fct down, which they craved fuch of the Bifliops as would fubmit thcmfelves to the Aflembly to remove, with promife, that if the generall Af- fembly hereafter fli.ill finde farther corruptions in the faid eflate, then hitherto are expreflcd, that they be content to be reformed In the faid cne lata miemmy, according to rne word or ooct 3 wnen they inaii be required thereto.' Firft , That they be content to bee Pa/lours and Mi. nifiers of one flock : That they ufurpe no crmimll jurifdiclion, That they vote not in Parliament in name of the Kirk , without Commifsion from the Kirk : That they take not up for the maintenance oft heir ambition and rio- toufnefie, the emoluments of the Kirk , which may fuflain many Faflours, the Schools , and the poorer but he content withreafonable livings according to their office ': That they claime not to t hem f elves the titles of Lords tem- for all ,neit her ufurpe temporal! jurif did ions , whereby they are ab fir acted from their of fee : That they empire not abovrthe particular Elder (hips, but befubjeel to the fame : That they ufurpe not the power of the Presbyteries* The queftion being proponed by the Synod of Louthian in the AiTembly holden in Iuly i^jg. anenta generall order to be taken for erecting of Presbyteries in places where publick exercii'e isufed, untillthetimethepolicieoftheKirk be eftablifhed by a la:v: It is anfwercd, Theexercife may be judged to be a Presbyter ie. In the AC- fembly holden at Dundie in Iuly 1580. Self. 4. The office ofaBi- ihop was abolifhed by a particular a<5t jas appcarethby the tennour of the a& following. 5 Fcrfo much as the of fee of a Bijhop , as it is now ufed and com wanly , taken within this Realmejiath nofure warrand^autboritie, nor good ground 3 in the scriptures , but is brought in by thefoly and corruption of mans ^inventions , to the great overthrow of the Kirkc of God, the whole , J fembly of the Kirk in one voice , after libertie given to all men to ^ reafon in the matter, none opponing himfelf in defending the faid pre- , tended office ,findeth anddeclareth the faid pretended office ,ufed and 3 termed , as is above fold , unlaw full in the felfe , as having neither ,foundament , ground , nor war rand in the word of God , andordaineth 3 that all fuch y erf on s, as brook or ■ fh all brook hereafter the faid office, flmll 3 be charged f imply to dimity quite , an.d leave off the fame , as an office 3 whereunto they are not called of God : and fuch like , todefift and ceafe +from all preaching , mini f ration oft he Sacraments , or it ft ng any way the 3 office of pajlours , while they receive de novo , admifsionfrom the ge- 3 nerall Affembly , under the pain of excommunication to be ufed againfh 3 them , wherein if they be found dif obedient , or contradict this acltn any 3 point , tbefentence of excommunication 3 after due admonition, to be exe- v 3 cute against them . InthefameAfTembly holden Anno 1580. SefT. 10. This article was appointed to be proponed to the King and Councel, that the book of policie might be eftablifhed by an act of privie Councel, while a Parliament be holden , at which it might be confirmed by a law t The extent of the adt made at Dundie ,w 'as interpreted and explain- ed in theAflembly, holden ztGlafgow, in April, 1581. SefT, 6. as folio weth. ,Anentthe actmade in the Afjembly holden at Dundie dgainft Bi(hops y , Becaufefome difficidtie appeared to fome brethren toarife out of the word 5 \_ office ] contained in the faid act 3 what fiould be meaned thereby , The > A fembly confifingfor the mofipart of fuch as voted , and were prefent in the ASSEMBLY, i 6 38. 25 3 the Afembly at Dundic , to take away the faid difficult ie^re folvingupon ? the true meaning and under jlanding of the faid att ^declare that they mean. y ed wholly tocondemne the whole eflate of Bi (hops , as they are now in Scot- 3 land,ecaufe fome brethren doubted ^whether the former act was 3 tobc underjlood ofthe fpirituall function^//, and others alledged, that j the whole office ofa Bifhop as it was ufed,was damnable^ andthat by the ^faidact^ the Bifhops fbouldbe charged to dimit the fame : This Affembly , declareth that they meaned wholly to condemne the whole eflate ofBifl)Ops\ ,as they were then in Scotland, andthat this was the meaning of the Affembly , at that time. The Kings Commifsioner preferred to this Affembly the confef. fion of Faith , fubferibed by the King, and his houfhold, not long before,together with a plot of the Presbyteries tobc erected , which isregiftratein the books of the Affembly, with a letter to be directed from hisMajeftierothe noble-men and gcnile-men of the Coun- trey,forthe erection of Presbyteries, conlifting ofPaftours,aad Elders, and diffblution of Prelacies , and with an offer to fet for- ward the policie untill it were eftablifhed by Parliament. The Kings letter fubferibed by his hand , to the Noble-men, and Gentle-men , was read in open audience of the whole Affembly. This Affembly ordained thebook of Policie to be inferf in the re- gifter by the act following. 3 For as much as travels have been taken in the framing of the policie of 3 the Kirk , and diver fe fuits have been made to the CMagtJlratfor appro?, , bat ion thereofwhich yet have not taken the happie effect ^ which good men , would w/Jh , yet that t he poHeritie may judge well oft he prcfent age , and 5 of the meaning of the Kirk j 7 he Afembly hath concluded , that the book , of Policie agreed to^ in diver fe Afemblies before jflmld be regiflrat in 3 the acts of the Kirk , and remaine therein ad perp^ tuam rei memoriam: , And the coppiesthereofto be taken to every Presbyterie: Of which book the 3 tennour followeth , ejrc Immediatly after the inferring of thebook of Policie, called there the book of Difcipline, the Affembly ordained that the confellion of of Faith be fubferibed as followeth. , Anent the confefston of Faith lately fet forth by the Kings Majeftie, 3 and fubferibed by his highnefe: The Afembly in one voite^acknowledgetb , thefaidConfefsion to be a true, Chrijlian ^and faith full con fefiion , to bee ^agreed unto by fuch as truly profefe Chrtfl , and have a care of Re- 3 ligion , and the tennour thereof to be follorvedout efoldly as the famine is 5 laid out tn the faid Proclamation , wherein that Difcipline is fworn to. In the generall Affembly holden at Edinburgh in October 1581. SePT. 10. M'. Robert Montgomery is accufed for teaching that Di- fcipline is a thing indifferent. Seff. 23. The Affembly gavecommif- fion to the Presbyterie of Stirling, to charge M r . Robert Montgomeric y to continue in the minifterie of Stirling A^d not to medle with any o- ther office or function ofthe Kirk, namely in afpy ring to the Bifhop- rickof(7/^,i; 3 againft the word of God,and acts ofthe Kirk.undcr the pain of excommunication. Irv 24. l n xl v jc j.\ ^ iv *i i,^ In the fame Affembly it is acknowledged that the eftute of Bifnops is condemned by the Kirk , commflion for erection ofmoe Presby- teries was renewed : and anew ordinance made for fubfcribing the confelfion of Faith , and to proceed againfr. whatfoe ver perfons that would not acknowledge and fubfcribe the fame* In the Affembly holden in ^tyr// 1582. there was a new cora- miffion for erection of Presbyteries , where none was as yet erected : M r . Robert Montgomerie , pretending to be Bifhop of Glafgorv was or- dained to be depofed and excommunicat , except hee gave evident tokens of repentance, andpromife to fuperfeed , which he did not: and therefore he was excommunicat fhortly after , according to the ordinance of this Affembly . In the generall Affembly holdenac Edinburgh 1582. The gene- rail Affembly gave commiffion to fome Presbyteries, to try and cen- fure fuch as were called Bifhops,for the great flander arifing by their impunitie. Commiffion was given at this Affembly to prefentfome articles to the Councel and Hftates, for approving and cfrablifhing by their authoritie the Presbyteries , the Synodall, and generall Af- femblies. In the ip. Seff. The Affembly declared, that no Bifliop may fit upon the Councell in name of the Kirk. In the Affembly holden Anno 1585. Thcfe two articles were agreed upon. Firft: It is found that all fuch as the Scripture appointeth governours of the Kirk , to wit pajhurs , Doclours , and Elders , may conveento the generall Ajjemblies , and vote in EcclefiaHtcall matters. Seco ndly :There are f our e office bearers fet down to us by the Scriptures, to wit ^Paftours ,D ottours , Elders, and Deacons, and the name of Bifhop ought not to be taken as it hath been in time ofPapijlrie , but is common to all P&> fours , andCMinifiers. In the Affembly holden Anno 1587. Seff. 8. It was ordained that the admifliono£M r . Robert Montgowerieby the Presbyterie of Glaf gow ,'fuppofe to the temporalitie of the Bifhoprick only , be undone and annulled with all poifible diligence,to the cffecl flander might be 'removed from the Kirk. In Seff. 15. M r . Robert Pont fhewed the Kings prefentation to the Bifhoprick ofCathnes^Sc defired the judge- ment of the Affembly. The Affembly in their letter to the Kings Majeftic, declared that they judged the faid M 1 ". Robert to be a Bifhop already, according to the doctrine ofS r . Paul : But as to that corrupt eftate or office , of thefe who have been termed Bifhop's heretofore, they found it not agreeable to the word of God , and that it hath been damned in diverfe Affemblies before. Intheinftruclions given to fuch as were appointed to wait upon the Parliament, it was ordained in the fame Affembly Seff. 1 7 . That they be carefull that nothing be admitted prejudiciall to the liberties of this Kirk,asit was concluded according to the word of God in the generall Affemblies, preceeding the year 1584 , butprecifely to feek the fame to bee ratified in the Affembly holden in LMarch\^9. ivhere the articles were made for fubfcribing the confeflion of Faith with the generall band , it was ordained as followeth. ,For AS S E M B L f, 163$. $f , Forfo much as the neighbour Kirk in England is understood to bee hex- 9 vily troubled , for maintaining of the true Difcipline and government: , xvhofe grieves ought to move its. Therefore the Presbytery ^Edinburgh , Wits ordained to comfort the faii K ir k in t he faid matter. In theAffembly holden i $ 9 o, when the confellion of Faith was fubferibed univerfally de novo, a ratification of the liber- ties of the Kirk, in her jurifdi&ion, difcipline, Presbyteries, Synods, and generall AfTemblies , and an abrogation of ali things contrarie thereunto; was ordained to be fought both of the Councel and Parliament. In the next Sellion it was ordained that the book of difcipline, fpecially the controverted heads, mould be fubferibed by all Minifters that bear, or hercafcer was to bear officein this Kirk, and that they be charged by the Presbyteries , under the pain of ex- communication : Seeing the word of God cannot bekeeped in fin- cerity, unlefTe the holy Difcipline be preferred. The Presbyteries were ordained to get acoppie under the Clerks hand; there were fundrie coppies fubferibed by the Minifters in the Presbyteries yec extant, as Hadmgtoun, Dumfermling y &c. produced before the Af- fembly. In the Aflembly 1 59 r . Sett". 4. The former acl: anent the fubferip- tion to the book of Policie is renewed , and a penaltie impofed upon the Moderatour, incafe it benot put in execution. In the Aflembly 22. May 1592. Scff, 2. The/e articles were* drawen up. Thai the acts of Parliament made i^S^.againf the difcipline t libertie and author itie of 'the Kirk be annulled , and the famine difcipline, whereof the Kirk hath been in pratfife , precife ly ratified. That Abbots, Pry or s, and other Prelats Pretending the title of the Kirk , be not fuffered in time comming. In the 11 Sellion the number of the Presbyteries were given up, and infert in the Parliament immediatly following. The fifth of Iune 1592. The libertie, difcipline, andjurifdi&ion of the true Kirk, in her Seffions, Presbyteries, Synodall and generall AfTemblie?, is largely ratified , as the famine was ufed , and exercifed within this rcalme, and all the acls contrary thereto abro^at: The Kings prerogative declared not to be prejudicial! to the fame pri- vileges grounded upon the word of God , the former commiifions to Bifhops 1584. refcinded , and all Ecclefiafticall matters /ubjecied to Presbyteries .according to the difcipline of this Kirk. Anno 1595. The book of Policie with other a&s is ratified and ordained to be printed. It was alfo cleared that Epifcopacie was condemned in thefe words * Ccnfura, oftheConfeflion, His wicked Hieruchie. ForthePopifh p r9 po/if, a , Hierarchic doth confift of Bifhops, Presbyters , and Deacons , that is num qua- baptizing and preaching Dcacons:for fo it is determined in the coun- ru^mex eel of Trent, in the 4. chap. De Sairxmznto ordinis , cant. 6. * Si (juts HiternU dixerit in ccclefiaCatholicanon efe hterarchiamdivina ordinaiione injli- dil ' u ' irHm tut am, qu& conftat ex epifcopis presbyter is frminittris , anathema fit. foju^* '< Bellarmine likewife in his book Declencis, cap. 1 1 . faith, That there are t y eo i ,'™ three Hierarchies in the militant Kirk ; The frft of Bifiops, the fecondof p ar ,f,c,>/i s B Priep, f*LU* i <1 £ SJ -C Trie ft s , the third of 'Deacons , andthat the Deacons are alfo princes , // they be compared with the people : This propofition following ',Hierar- chia eccleftastica con ft at ex pontifice , cardinalibus , arehiepifcopis , £/>//^ «»^« df regularibus , was cenfured by the Facukie of theologie in the Univerfitie at F- rarchie-,primats, metropolitans ,and Archbifhops,butas they are Bifhops. Furthcrmore,thistf/>>-W;/> is diftingiufhed in the confeffion from the Popes monarchic. Andhowbeitthis Hierarchic be called the Antichrists Bier archie ,yet it is not to diftinguifh betwixt the Hier archie in the po- pifli Kirk , and any other as lawfull : But the Hierarchic , wherefo- ever.it is,is called his , as the reft of the popifh corruptions are called Iris : To wit , Invocation of Saints , canonization of Saints , dedication of altars , &c. are called his , not that there is another lawfull ca- nonization, invocation, or dedication of altars: whatsoever cor- ruption was in the Kirk , either in doctrine , worfhip , or govern- ment , fince the myftery of iniquitie began to work , and is retained, and maintained by the Pope , and obtruded upon the Kirk by his au- thority , are his. A paffagealfo out of the hiftory ofthe councell of Trent was alledged , where it is related , that the councell would not define the Hierarchic by the feven orders: We have in our confef- iiorio£Fa.kh the manifold orders fet apart and diftinguiflied from the Hierarchic , but as it is fet down in the cannon above cited : We have in the book of Policie or fecond booke of Difcipline , in the end of the fecond chapter, this conclufion agreed upon. Therefore all the ambitious titles invented in the kingdome of Antic brift , and in his ufurped Hierarchic which are not of one of the fe four e forts, To wit, Pali ours , Dottours , Elders , and Deacons: together with the offices depending thereupon , in one word ought to be rejected. All which and many other warrands being publickly read , and particularly atgreat length examined , and all objections anfwered in face ofthe Affembly , all the members ofthe Aflembly being ma- ny times defired and required to propone their doubts, and fcru- ples, and every one being heard to the full, and after much agitation as fully fatisfied ; the Moderatour at Iaft exhorting every one to de- clare his rninde, did put the matter to voicing inthefetermes:^*- ther according to the confefsion of faith , as it was prof ejfed in the year 1 5 8 o . 1 5: 8 1 .and 1590 fAcn be any other Bift)Op,but a Paftour of a parti- cular flock, havingno prehemineace nor power over his brethren , and whe- ther by that Confefsion,as it was then pro fe fed, all other epifcopacie is ab - jured, and ought to bee removed out of this Kirk. The whole Affembly mod unanimoufly , without contradiction of any one ( and with the hefitation ofone allanerly )profcffing full perfwafion of minde, did voice k_A S S E M B L Y 1^38. 27 did vokejhat all Epifcopacie different fromt hat of a Pafiourover a parti- cular flock, was abjured in this Kirk , and to be removed out of it. And therefore Prohibites under ecclefiafticall cenfure any to ufurpe , ac- cept , defend, or obey the pretended authoritie thereof in time com- ming. Adh SefT. 17. December \o. 1638. The <^Affembly at Glafgow, declaring the five Articles ^Perth to have been abjured and to bee removed. \ He Aflembly remembringthe uniformity of worfhip which was in this Kirk , beforethe articles of Perth, the great rent which entered at that time, and hath continued fince , with the lamentable cffc&s , ttet itharh produced , both againft Paftours , and pro- fefTours , the unlawfulnefle and nullitie of Perth Aflembly already declared by this Aflembly, and that in the neceflarie renewing of the confelfion of Faith in February 1638, the practile of novations in- troduced in the worfhip of God, was fufpended , till they fhould be determined in a free generall AflTembly:and that in the fame year at his Majefties command fomehad fubferibed the confelfion of Faith, as it was profefled when it was firft fubferibed: For thefc caufes the Aflembly entered into adiligcnttryallofthc forefaid articles, whe- ther they be contrare to the confelfion of Faith,as it was meaned and profefled in the year 1580. 1 581. 1590. and ijpi. And findeth than firft ingcnerall : In the confelfion of Faith we profeflfe , We willingly dgree in our confidences to the forme of Religion , of a long time openly profejfedby the Kings (JMajeftis , and whole body of this Realm: , in all foints , as unto Gods nndoubted truth and verity , grounded only upon his written word, and therefore abhor anddetefte all contrary Religion and Doctrine, but chiefly , all kinde of ' papiflrie , in generall and particular heads fven as they were then damped and confuted by the word of God and Kirk of Scotland , and in fpeciall , the Romine Antichrifl , his five ba- ftardfacraments , with all rites , ceremonies , and falfe doctrine , added to the miniflration of the true Sacraments , without the word of God, his cruel judgement againfl Infants departing without the Sacrament , his Abfoltite necefsitie ofbaptifme , and finally , we detefle all his vain allego- ries, rites ,/ignes, and traditions brought into the Kirk without, or againfl the word of God, and doctrine of this true reformed Kirk, to the which we joyne our f elves willingly in Doctrine, Faith, Religion , Difcipline, andufe of the holy Sacraments , as lively members of the fame in Chrift our Head; promifmg and fwearing , &c And that thefe five articles are contrarie to the Religion then profefled, were confuted by the Word of God, and Kirk of Scotland, or arc rites, and ceremo- nies, added to the miniftration , of the true Sacraments , without D 2 the 28 THE GENERA LL the word God 3 or noutifh the popifli judgement againft Infants departing without the Sacrament, or abfolute neceffitie, of Bap- tifme orrites,fignes,andtraditionsbroughtintothe Kirk , without or againftthe word of God,and doctrine of this true reformed Kirk. Andnextin particular, concerning feftivall dayes, findeth, that in the explication of the firft head,ofrhe firft book of Difcipline, it was thought good thatthe feafts oiChriftmas^Circumcifion^ Epiphanie, with the feafts of the Apoftles , Marty res , and Y irgine cMary > bee utrcrly aboliihed , becaufe they are neither commanded nor war- randed by Scripture , andthatfuchas obfervethembe punifhed by civillMagiftrats. Here utter abolition is craved, and notrcforma- tion ofabufes only : And that becaufe the obfervati >n of I uch f hathno warrand from the word of God, In thegenerall Aff :mbly holden at Edinburgh Anno \^66. the large confeflion of Helvetia, was approved, but with fpeciall exception againfl the fame five dayes, which are now urged upon us. It was not then the popifli. obfervation only, with the popifli opinion of worlhip and merit, which was difallowed: f for fo the reformed Kirk in Helvetia did not obferve them) but fimplicitervM obfervation. For this end was read a letter in Latine, fent at that time by fomeofour divines to certaine divines in thefeparts to this purpofe. In the AfTembly holden 1575. in Auguft y complaint was made againft the Minifters and Readers hefide Aberdene; becaufe they affembled the people to preaching and prayers upon certane feftivall dayes: So rhat preaching and prayers upon feftivall dayes was judged rebukablc. It was ordained like- wife , that complaint bee made to the Regent , upon the town of Drumfreis y for urging and convoying a Reader to the Kirk with Ta- bret and Whiftle, to read prayers,all the holy dayes ofChrirtmas,t\p. on the refufallof their own Reader. Among the articles directed by this AfTcmbly to the Regent : It was craved that all holy dayes here- to-fore keeped holy , befide the Lords day , fjch as Tooleday , and Saints dayes , and fuch others may bee abolifhed , and a certain penaltie appointed for banqueting , playing , feafting upon thefe dayes. In the AfTembly holden in April ^ Anno 15 77. It was or- dained thatthe vificors with the advice of the Synodall AfTembly, mould admonifh Minifters , preaching or miniftrating the Com- munion at Eafier, or Chriftmas , orothei like fuperftitious times, or Readers reading , to defift , under the paine of deprivation. In the ninth head of the firft book of Difcipline, the reafon is fet down a- gainft E after Communion. T&tir honours are not ignorant how fuperftL cioujly the people run to that attion at Pafcheven; as if the time gave ver- tue to the Sacrament , and how the reft of the whole year , they are carelejfe and negligent , as if it appertained not to them , but at that time only . And for this reafon^ other times were appointed by that book , for that holy aclion. In the AfTembly holden 15 9 6. begun in Uttarch 159 5. at which time the Covenant was renewed , fuperftition and idolatrie breaking forth in obferving feftivall dayes; fetting out of bone- fires, finging Carols , arereakone.damongft the corruptions which were tobe o/ S S E M B LT. 1538. 2 y to be amended: andthePuIpitsdid found from time to time, againft all fliew of obferving any feftivall day whatfoever , except the Lords day. Concerning kneeling at the Communion, findeth that in the con- feifion of Faith prefixed before the Pfalmes, and approved by our Kirk in the very beginning of the reformation , we have thefe words, Neither in the mimfiration oft he Sacraments , mufi we follow men \ but at Chrifl himfelf hath ordained, fo mutt they be miniftred. In the large confeifion of Faith chap. 23. It is required as necefTary, for the right miniftration of the Sacraments, that they bee miniftred in fuch ele- ments, and in fuch fort, as God hath appointed, and that men have adulterate the Sacraments wkh their own inventions.-So that no part of Chrifts action abideth in the original!, puritie. The judgement of our reformers , who drew up the large Confeifion, was by cleare evidents fhewedtobe contrary to this gefturein the act of receiving the Sacrament. In the order of celebrating the Lords Supper , pre- fixed before the Pfalmes in meeter, fitting anddittributing by the Com- municants, are joined: as likewifeby the fecond head of the firft book of Difcipline, as neareft to Chrifts own action , and to his perfect practife, and moft convenient to that holy action , and all inventions devifed by man are condemned , as alterations and accufations of Chrifts perfect ordinance: Minifters were enjoyncd by a& of AfTembly in December 1 562, To obferve the order of Geneva-, that is the Englim Kirk at Geneva (where M after Knox had been fometime Minifter,in the miniftration of the Sacraments.This act was renewed in the AfTembly holden in December 1564. where Minifters are re- ferred to the order fet down before the Pfalmes , for miniftration of the Sacraments j which is all one with the former: for that was the order of the Englifli Kirk at Geneva. In the Parliament holden Anno 1 5 67.lt was declared that whofoe- ver did not participate of thcSacraments, as they were then publick- ly adminiftrat in this reformed Kirk, ought not to be reputed mem- bers of this Kirk, The act for the Kings oath at his coronation , to maintain thedueadminiftration ofthc Sacraments,as they were then miniftred , Anno 1567. was ratified Anno 15 81. At which time the fhort Confeflion , adhering tothcufe of the Sacraments in the Kirk of Scotland, was fubferibed: as alfo Anno 11 91. af:er the fecond Sub- fcription to the confeifion of Faith. In the Parliament 13:72. an act was made againft fuch as did not participat of the Sacraments as they were then rightly miniftercd: But the gefture of kneeling in the act of receiving , putteth the miniftration ofthc Sacrament ufed in this Kirk, out of frame: whereby it is clear that whatfoever ge- fture or rite , cannot ftand with the adminiftration of the Sacraments as they were then miniftred and were minftred ever fince the re- formation, till the year 161 8. muftbee condemned by our Kirk, as arite added to the true miniftration ofthc Sacraments without the word of God,and as a rite or tradition brought in without or againft the word of God, or doctrine of this reformed Kirk. Concerning 30 T H E G E 7^E R ALL III. Concerning Confirmation ; The Affembly findeth it to be com pre* hencled in the claufe of the Confeifion, where the five bafiard facra- ments are co ndemned. And feeing Epifcopacie is condemned,/^^- tion of bands by Bifhops falleth to the ground. And in all the a -m *t§5 ° ncermn g Klr k Sefiions ^provinciall and nationall K^ffem- I blies , the generall Aflembly considering the great de- I £edhn of this Kirk , and decay of Religion, by the u- ^J§0?M furpation of the Prelates, and their fuppreffing of or- dinarie judicatories of the Kirk , and clearly perceiving the benefit which will redound to the Religion by the reftitution of the laid ju- dicatorie dicarories ; remcmbring alfo that they ftand obliged by their fo- Icmne oath,and covenant with God,to return ro the doclrineand di- fcipline of this Kirk; as it was profefl 1580. 1581. rjpo.1591 .which rn the book of Policie , regiftrat in the books of the AfTembly 1 5 8 1 . and ordained to bee fubferibed, 1590. 159 1. is particularly ex- prefl both touching the constitution of the Affemblies,of their mem- bers, Minifters , and Elders , and touching the number, power and authority of thefe members, in all matters ecclefiaftic all. The AfTembly findcth it necefTar to reftore , and by thefe prefents reftoreth all thefe AfTemblies unto their full integritie in their mem- bers, priviledges, liberties , powers, and jurifdi&ions ; as they were conftituteby the forefaid book of Policie. Ac\. Sell. 23. 24.. December 17. 18. ANentthe report of the Committie , appointed for confider- mg what conftitutions were to be revived , or made of new. they proponed the overtures following: which were read and allowed by the whole A The brethren con- \*-J eluded the fame, agreeing there- with : and in rejpect that by Gods ; „ g r Me, they intend reformation, and to fee the Kirk andmimfery purgi , 3 ed 1 to the effect hew or he may have bettter fuccefe , they think it ne- t , cefarthatthU Afembly be humbled, for wanting fuch care as became 3J in fuch points, as is fet down, and fome zealous and godly brethren in j ? doctrine, lay them out for their better humiliation ;and that they make J} folemne promife before the Majeflie of G od-,and make new covenant with him for a more carefull and reverent dif charge of their miniflerie. To M the which effect waschofen M 1 ", lohn Davidfon ; andTwefiday next at 3) nine houres in the morning appointed, in the new Kirk, for that effect: iy w hereunto none is torefort ,' but the minifirie : the forme to bee adv if ed y , the morne in privie conference. The tennour of the advife of the brethren , depute foe penning the enormities and corruptions m the minifte- rie, and remead thereof, allowed by the generall AfTem- bly here conveened. 1596, Corruptions in the office. '^ 'T m )Orafmuchas by the toofudden admifsion and light try all of per- |H fons to the minifirie , It cometh to pafie that many fcandah 9i JL fallout in the per fons of m'mifiers : it would bee ordained m time commmg , that more diligent in qui fit ion and trial I be ufed of all 3} fitch per fons , as /hall enter into the minisirie. 3} As fpecially thefe points. That the intrant jh.il I bepofed upon his con~ . fcience , before the great God , ( and that in mo fi grave manner ) what 35 moveth him to accept the office and charge of the minifirie upon him. si That it be inquired, if any by foil fiat ion ,or moyen , directly or in- 3j directly , preafe to enter in the fiaid office : And , if it bee found, that ^ the foliihr be repelled ; and that the Presbyteric resell all fuch of their „ number from voting, in the election or admifsion as fihall bee found 3 , moyeners for the folic iter, and ' pofed upon their confidence to declare the „ truth to that effect. „ Thirdly , becaufe by prefentations , many forcibly are thrufi info w the ministerj , and upon Congregations , that utter thereafter that „. they were not called by God-. It would bee provided that none fee ke „ ; prefentations to Benefices without advice of the Presbyter ie within „ the bounds whereof 'the benefice is , and if any doe in thecontratie,theyto „ be repelled asm ambitus. „ That the try all of per font to be admitted to the minifirie hereafter, cotu „ fifl not only in their learning andabilitk to preach, but alfo in confidence, „ andfceling,and(piritua!lwifedomc, and namely in the knowledge of the „ bounds of their calling , in doctrine, dificipline , and wifiedorne , to be- „ have himfelfe accordingly with the diver ft ranks of perfons within his „ flock, at namely with ^itheifis, rebellious f weakconfdences ; and fuch E » other > 34 THE GENERA LL 5 , o/vkr , whereinthe paftorall charge is mo ft kythcd 5 the mouthes of the adverfaries: and fitch as are not qualified in thefe 3J pints to be delayed tofurther try all; and while they be found qualified. „ And bee aufe men may be found meet for fiome p 'laces , who are\not meet 3 j for other , it would be cenfidered, that the principal! places of the Realme 33 be provided by men ofmofl wort hie gifts, wifedome and experience , and ,3 tb at none take the charge of greater number of people nor they are able to 3, dtfeharge i Andthe^Afiembly to take order herewith , and the ac7 of a, the provinciall of Louthian, made at Linlithgow , to be urged. 3, Thatfuch as /ball bee found not given to their book and Jludie of a. Scriptures } not carefull to have books , not given to fanclif cation and n prayer, that fiudie not to bee power full and fpirituall , rot applying the 3> dottrine to corruptions, which is the paftorall gift , obfeure and too 33 fcholaftick before the people, cold, and wanting of ftirituall zeal , neg- 3> ligent in vi fitting of the fie k , and caring for the poor e; or indificreet 3, in c hoofing of parts of the word not meeteft for the flock , flatterers and 33 diffembling at publickfins , andjpecially of great perfonages in their 33 congregations , for flattery , or for fear , that allfuchperfons bee cen- 3> fiured, according to the degree of their faults ,and continuing therein ,* 33 bee deprived. 33 Thatfuch as be flothfullin the mini ft ration of the Sacraments andir* 33 reverent, as prophamrs receiving t he cleane and uncleane, ignorants and 3, fenfeleffe prophage , and making no confidence of their profefsion in 3> their calling and families, omitting due try all or ufing none , or light 3, try all 5 having reftecJin their tryall toper fons , wherein there is ma~ 3j nifeft corruption ; that allfuch bee Jharply rebuked , and if they con~ 33 tinue therein, that they bedepofied. 3, K^fnd fany bee found a feller of the Sacraments , that hee bee depo~ 33 fed fimplicicer & And f achat collude with flanderotts perfonsin difi. 3, pevfix? and over, feeing them for money , incurre the like punijhment. 3, That every Minifler be chargedtb ha.ve a Sefsioh eftablijhedofthe meet- ?> teft men in hts Congregaiion,&that Dificiplineftrike not only upon grofie 33 fins, as whoredome, blood- fhed , &c. but upon fins repugnant to the 3> word of God , as blafphemie of God, banning, profaning of the Sab. 3, bath, dif obedient J to parents , idlt ', unruly ones without calling, drunh 33 ards, and fiuch like debofhedmen, as make not conference of their life 33 and ruling of their families ,. and fpecially of education of their chil- 33 dren , lyings ftandering , and backbiting and breaking ofpromifies: 33 and this to be an uviverfatt order throughout the Realme, &c andfuch 33 like as are negligent herein , audcominue therein after admonition 3 be 33 depofed. » That none falling in public k (landers , be received in the fellow jhip 33 of the Kirk, except his CMimfter have fiome appearance and warrandin 3, confidence , that hee hath both a feeling of fin , and apprehenfion of 3, mercie , and for this effect , hhat the Miniftertravell with him, by s> doBrine, and private inftruilion to bring hirn hereto, and fpecially 33 in the doctrine of repent mee , ■whichbeingnegleUed , the pub lick place 33 of repentance is turned in A mocking, „ Dilapidation L^T S S E M B LY 163$. 3 5; „ Dilapidation of benefices, dimming of them for favour ; or mmeyj-h.il „ they become laick patroniges, without advife of 'the Kirk, and fuch like „ interchanging of benefices , by tr an faction and t ran ft or ting of them- 3 , felves by that occafim , without the knowledge of the Kirk, precifely to ,, bepttnifhed: Suchlike, that fetting of takes without the confent of the >> Ajfembly , be pumjhed according to the acts : and that the dimitters „ in favours for money , or otherwife to the effect above-writen 3 bee fix- y, nijhed as the ditapidators. Corruptions in their perfons and lives* T Hat fuch as are light and wanton in their behaviour J as in gorgeous and light apparell;in Jpeech, in ufmg light and pro- phane companie, unlaw full gaming, as dancing, carding , dyeing 9 and fuch like , not befeeming the gravitie of a Paflour, beeflj.trply and gravely reproved by the Presbyterie , according to the degree thereof.' M and continuing therein after due admonition , that bee bee depryved, as ■ jlanderotts to the GoJpeL That CM ini sters being found fwearers, or banners, prophaners; of the , Sabbath, drunkards , fighters ,guiltie ofallthefe,or any ofthem^bede- y pofed fimpliciter ; and fuch like, lyars, detr afters , flatterers , breakers 5, ofpromijc, brawlers , and quarrelers 9 after admonition continuing 3j therein ,incurre the fame puni/hment. 5J That ^Ministers given to unlaw full and incompetent trade* and 'occu- 3J pat ions for fit hie gain , as holding ofo/tleries , taking of ocker betide ,, confidence and good lawes , and bearing worldly offices in noble -men 3J and gentle-mens houfes, merchandife, and fuch like, buying ofviciuals y Jy and keeping to the dearth , and all fuch worldly occupations , as may du 3J Brae! them from their charge,andmay be (lander ous to the paflora/l cal- j » l' n & 5 ^ admonijhed and brought to the acknowledging of their fins } and if they continue therein , to be depofed. iy That Miniflers not refident at their flocks, be depofed according to the 3> acts ofthegenerall ^Afifembly , and laws of the Realme : otherwife the } , burthen to be laid on the Presbyteries, and they to be cenfured therefore. , That the Lsffembly command all their members , that none of them a> await on the court and af airs thereof, without the adv ice and alio waned 3 , of their Presbyterie. Item, that they intend no action civ ill without the y ,j aid advice, except in f mail maters : and for remeding of the necefsi- „ tie , thatfome Miniflers hath to enter in plea of law , that remedie bet M craved, that flwt procejfe bee devifed, to bee ufed in Miniflers „ actions. Jy That Miniflers take (peciafl care in uflng godly exercifies in their fa~ 3 , miliesjn teaching of their w iv es, children, and ferv ants, in uflng ordina- ,, rie prayers, and reading of Scriptures, in removing ofoffenfiveperfong „ out of their families, and fuch like other points of godly converfiation, „ and good example, and that they at thevifltation of their Kirks , try the 3) Ministers families in the fc points foref aid , and fuch as are found neg- n ligent in thefie points , after die admonition, /hall be adjudged unmeet t9 ^ y govern the houfie of God, according to the rule of the Apottk» E 2 That 3 6 THE GEN E RA LL That Minifter sin all companies ftrive to bee ffirituall and profi- table , and to talke of things pertaining to godlinejfe , as namely of 3 ? fuch as may Strengthen us in Chrift , inttrutt us in our calling < of the means how to have Christ s Kingdome better eftablijhed in our Congre- w gations, and to know how the Goffel flouriffeth in our flocks, and fuch like others the hinder ances, and tberemeeds that we finde , &c. where- m in there is manifold corruptions, both in our company ing with our 3) J elves, andwith other s\and that the contraveemrs thereof be tryed, and jharply be rebuked. 9 That no (Minister be found to countenance, procure, or afsifl a pub lick aJ offender challenged by his own Minifter , for his pub lick off erne , or to 35 bear with him,as though his Minifter were too fever e upon him finder the ,, pain of admonition and rebuking. 33 Anent gencrall AfTcmblics. 9 , HP0 urge the keeping of the Acts anent the keeping of the Affembly * 93 * that it may have the own reverence andmajeftie. 3J The Affembly having heard the whole act read, mos~l un- 3> animeufty alloweth andapproveth this article. X. Anent the defraying of the expenfes of the Commiffioners to the generallAflembly, referreth and recommendeth the fame unto the particular Presbyteries, and efpecially to the ruling Elders therein, that they may take fuch courfes whereby, according to reafon and former a&s of Affemblies , the Commiflioners expenfes to this Af- iembly, and tothefubfequent, maybe born by the particular pa- rochins ofevery Presbyterie, who fendeth them in their name,and to their behalf , and for thateffeft, that all fort of perfons able in land or moneys proportionally , may bear a part of the burthen, as they reap the benefit of their paines. The Affembly referreth this unto the care of the particular Presbyteries. XI: Anentthcreprefsingofpoperieandfuperftition ;It feemeth expe- dient that the number and names of all the Papifts in this Kingdome betakenup at this Affembly , if it may be conveniently done , and if not,thatit be remitted to the next provincial! Affemblies,that it may appear what grouth poperie hath had , and now hath through this kingdome, what popijhpriefts, & lefuit there in the land^and that all perfons of whatfoever (tare and condition , be obliged to fwear and fubferibe the confeflion of Faith b as it is now condefcended upon by this generall Affembly, that they frequent the word and Sacraments in the ordinar dyets and places , otherwise to proceed againft them With the cenfures ofthe Kirk,and that children be not fent out of the countrey without licence of the Presbyteries or provincial! Synods ofthe bounds where they dwell. y j j The Affembly referreth this Article to the fever all Presbyteries. Anentorder to be taken that the Lords Supper be more frequently ad- wmiftratboih in burgh and landward,then it hath been in thefe years by-gone: It were expedient that the acl: at Edinburgh December 2 J. 1562. SefT 5. bee renewed, and fome courfe bee taken for furnifhing ofthe elements,where the Minifter ofthe Pariih hath allowance on- ly for once in the year. The K^4 S S E M B LT l6$%. "37 The Afiembly referreth this to the con federation of Presbyteries, and de- claret h that the charges be rather fayed out of that dayes collection f hen that the Congregation want the more frequent ufe of the Sacrament. Anent the cntrieofMiniftersro the miniftrie: The Affembly thinks xl II expedient that the aft holden at S c . Andrews April 24.1582. ScfT. 7 . Touching the age of twenty §ve years be renewed , and none to be ad- mitted before that time,except fuch as for rare and lingular qualities, /hall be judged by the generall or provinciall Affembly to be meet and worthie thereof. The Ajfembly approveth this Article. Anent mercatson^Monday and Saturday within Burghs, caufing XI I II « intolerable profanation of the Lords Day, by carying of loads, bearing of burthens j and other work of that kinder It were expedi- ent for the redrefle thereof, that the care for retraining of thisabufc be recommended by the Affembly unto the feverall Burghs, and they to bee earneiUy entreated to flnde out fome way for the repre fling of this evil , and changing of the day 5 and to report their diligence there-anent to the next generall Afiembly. The Afiembly referreth this Article to the confederation of the Burrows, x V, Anmttheprofainationofthe Sabbath-day in Landward , efpecially for want of divine fervice in the afternoone: The Affembly ordain- eththeaft of Affembly holden at Dundie^ Iuly 12. ij8o # Seff. 10, for keeping both dyets, to be put in execution. The Affembly alloweth this Article. Anent frequenting with excommumcat perfons : The Affembly or- XVI, daineth that theaclrat Edinburgh March 5. 1569. Seff. 10. to wit, That thefe who will not forbear the compunie of excommunicat perfons af- ter due admonition^ be excommunicat themj "elves 3 except they for bear ? to be put in execution. The Afiembly alloweth this Article. Whereas the confefsion of the Faith of this Kirk , concerning both x V 1 1, Bo&rineand Difciplne, fo often called in queftion by the corrupt judgement and tyrannous authoritie of the pretended Prelats , is now clearly explained,and by this whole Kirk reprefented by thisgenerall Affembly concluded, ordained alfo to bee fubferibed by all forts of perfons within the faid Kirk andKingdomc : The Affembly confti- tutes , and ordaines , that from henceforth no fort of pcrfon , of whatfoever quality and degree, be permitted to fpeak, or write a- gainft the faid Confeffion,this AifembIy,or any aft of this Affembly, and that under the paine of incurring the cenfurcs of this Kirk. The ^iffembly alloweth this Article. t % Anentvoicing in Kirk Sefiions : It is thought expedient that no Mi- X V 1 1 L ' nifter moderating his Seffion , fhall ufurpea negative voice over the members of his SefTion, and where there is two or mocMiniftcrs in one Congregation,thatthey have equall power in voicing, that one of them hinder not the reafoningor c voicingofany thing,whcrcunto the other Minifter orMinifters,with a great part of the SefTion mchn- ccn , being agreeable to the afts and prattife of the Kirk 5 and that one ofthe 3* THE G E N E R A LL XIX. of the Miniflers without advice of his colleague appoint not dyets of Communion norexamination, neither hinder his colleague from catechifing and ufing other religious exercifes as oft as he pleafeth. The Afembly referreth this Article to the care of the Presbyteries. Sincethe office of a Diocefane, or lordly Bifhop, is alluterly abjur- ed , and removed out of this Kirk : It sis thought fit that all titles of dignitie, favouring more of poperie than of Chriftian liberie , as Chapters withtheir elections and confecrations, Abbots, Pry ors, Beans ^Arch-deacons preaching-deacons , Chanters ,fubchantcrs ,and others having the like title, flowing from the Pope and canon law only, asteftifieththefecondbookofDifcipline, bee alfbbanifhed out of this reformed Kirk , and not to bee ufurped or ufed hereafter under ecclefiafticall cenfurc. The ^Afembly alloweth this Article. Anent the prefenting either ofPaftoi+rs or Readers , and Schoolmafters, to particular Congregations , that there be a refpeel had to the Con- gregation, and that no perfon be intruded in any office of the Kirke, contrare to the will of the congregation to which they are app ointed. The Afembly alloweth this Article. Anent tJMariage without proclamation of bans , which being in ufe thefe years by-gone hath produced many dangerous effects: The Af- fembly would difcharge the fame, conforme to the former acts, ex- cept the Presbyterie in fome neceifarie exigents difpenfe there with. The Ajfembly allorvetb this Article. Anent the buriallin Kirks jl\\z Alfembly would be pleafed to consi- der anent the a<5t of Affembly at Edinburgh 1588. Se/T. 5. if it fhall be put in ex ecution , and to difcharge funerall fermons , as favouring ©ffuperftition. The K_Afcmbly referreth the former p Art of this article anent buriallirt Kirks to the care of Presbyteries, and dif char geth all funerall fermons. XXIII. Anent the try all of Expecldnts before their cntrie to the miniitrie,it being notour that they have fubferibed the confeffion of Faith now declared inthis AfTembly, & that they have exercifed ofcen privatly, and publickly, with approbation of the Presbyterie , they /hall firffc addeand make rheexercife publickly,and make a difcourfeof fome common head in Latine, and give proportions thereupon for diC- pute,and thereafter be questioned by the Presbyterie upon cjueftions ofcontroverfie, andchronologie, anent particular texts of Scripture how they may be interpreted according to the analogie of faith,and reconciled, and that they be examined upon their skill of the Greek and Hebrew, and thatthey bring a teftificat of their life and conven- tion from either Colledge or Presbyterie, where they reftde. The Afjembly alloneth this ^yirticle. XXIIII. "The AfTembly having confidered the order of the provinciall Af- femblies , given in by the moft ancient of the Miniftrie within every Province, as the ancient plateforme thereof, ordained the fame to be obferved conforme to the roll, regiftrat in the books of AfTembly, whereof the tennour folio weth The XX. XXI. XXII. The order of the Provincial! AlTemblfes in Scotland, according t$ the Presbyteries therein contained. i. The provinciall A (Jentbly of Mers ^r;^. The bounds. <*/**», and to- third Twefday fStranraver. f wartie of Kir- o£ April. { \-kubright* . u The provinciall Synod of Aire or Irwing. To meet with * J J D the provinciall ! Synod ot~ Glaf- icPrcsbytcrics ofS^f' Thebounds.Sj^/^/ ^ gowprohac vice, ' IJrvoing. ^domeofyf/^, the firft Twcf- 6. The provinciall Synod of Glafgow. ay ° ?" ' »rpafley. rThcShyr.of To meet with \Dumbartane. \Lennox, the the provinciall cPresbyterics oO Glafgow. The bounds. ^Barrony of Synod or Aire )Hammiltonn. f Renfrow, the and Irwing at (_LanenL ' .V. Shy. of C/;i*af i o. 7^ frovinciall Synod of Aberdene. rAberdene. ThePresbyteriesof^^ Ik ^ s Wlf ■ SJ-& JFjrdfce. r u. The frovindall Synod of Murray. \lnnernes. Forrejfe. r> The Shyref- ili « , . . r\ E k in - \doniesof/»- Tomeerthefirfl JhePresbyteries of^ %;> . The bounds. Win part, timTatZrefc /Abernethie. tNairn in part, the Jaft Twef- ' ^Aber lower. (_MurrayJiamf day of ^r/7. 12. 7&? frovinciall Synod f RofTe. in part,^^. ThePresbyteriesof^TW™. The bounds Jdoweof/*- 33??*^™^- 2DAVM0, ?*•«««« p arf . pf^/T 7 1 1 . The frovinciall Sy nod of Cathnes . To meet the firft c Dornoch. h*na A ^ Cat ^ Jnes * time at Dornoch The Presbyteries oQWeeke or' The bounds . < S utherland. the third Twef. (Tburfo. ' day of Afril. 14. The frivinciall Synod of 'Orkney and Zetland. ^Kirkwall S The Shref " T ° meet the ^ The Presbyteries oK^/' The bounds ,and Angus ,&c. The P rovincials ofAberdein and CMurray. The Provincials of Rofe y Caithnes , and Orknay. The Commiflioners for correfpondence a- mongft theSynodals to be a Minifter and a ruling Elder. The Aflembly recommendeth to the feverall Presbyteries the execution ofthe old a&sof Aflemblies, againft the break ofthe Sab- bath-day, by the going of Milles , Salt-pans , Salmond-fifliing , or any iuch-like labour,and to this end revives and renews the acl: ofthe Aflembly, holden at Hdyrudehoufe \6o% % Self. 5» whereof the tennor folio weth. D , The AJfemblie confidering that the conventions of 'the people, fpeciaUy „ on the Sabbath-day , are verie rare in manie places, by dip -action ofla- 2, hour, not only in Harvejl and Seed- time, but alfo every Sabbath byfijh- „ ing both ofwhyteffh and S almond fjhing, and in going of CMilles^ j, Therefore the Afemblie, difchargeth andinhibiteth , all fuch labour of „ fifhing as-well whyte fifh as S almond fijh ,and going of CMiles of all 3 , forts upon the Sabbath-day , under the paine of incurring the cenfures of „ the Kirk. And ordains the Commifsioners of this Afemblie to meant „ the fame to his Majeflie, andtode/irethatapecuniallpainemaybein- „ joyned upon the contraveiners of this prefent aff. A&. Seff. 24.. December 18. 1638. THe Aflembly confidering the great ncccfTity of purging this land from bygone corruptions, and ofprefcrving her from the like in time coming, ordaincth the Presbyteries to pro- ceed with the cenfures ofthe Kirk, to excommunication, againft thofe Miniftcrs who being depofed by this Aflembly acquiefces not to their fentenecs, butcxcrcifc fomepart of their Miniftcriallfuncti- on, refufcth themfelvcs ,and with-draw others from the obedience ofthe acls ofthe Aflembly. F Art. 4 2 T H E G EN E RAIL A (ft. Stff. 25. December 19. 1^38. Agdnfl the civ ill flics s and power of Kirk-men. THh generall AfTembly , remembering that among' other claufes ofthe application oftheeonfeilion of Frith to the prefent time, which was fubferibed in Februarie 1638. The cl mfe touching the civill places and power of Kirk-men, was referred unto the tryall of this AfTembly ; entered into a ferious ftarch thereof, efpecially of their fitting on the bench, as Iuflices of peace, their fitting in Sei- fion and Councell, their ryding and voting in Padament: and con- sidering how this vote in Pai lament, was not at firft fought nor re- quyred by this Kirke, or worthy men. o- the Minifierie, but being obtruded upon them , was difallowed, for fuch reafons as rould not well be anfwered (as appcareth by the conference, holden at Hdy- rude-heufe 1 5pp. which with thereafons therein contained was read in the face of the AfTembly ) and by plurality of voices not being able to refill: that enforced favour, they fbrefeeing the dangerous confe- quences thereof, in the AfTembly at Montrofe did limivatc the fame by many necefTare cautions : cunfidcring alfo the Protection made in the Parlament 1606. by Com mi ffi oners from Presbyte ies, and Provinciall AfTemblies, againft this reftitutionof Bifhupsro vote in Parlament,and againft all civill offices in the perfons of Paftors, ■ epa. rate unto the Gofpell , as incompatible with their fpiri:uallfunaion$ with the manifold reafons of that Protection from the word of God, ancient Gouncels, ancient and moderne Divines , from the doclrine, difcipline, and cohftflionofFaithofthe Kirk of Scotland^ which are extant in print,and were read in the audience of rhe Aflem- bly : Confidering alfo from their own experience the bad fruits and great evils, which have been the infeparableconfequentsof thefeof- £ces,and that power in the perfons of Paftors feparatetorhe Gofpel, to the great prejudice of the freedomeand 1 bertie of the Kirk, the jurifdi&ion of her AfTemblies, and the powerfull fruits of their fpi- rituall Minifteriej The AfTembly moft unanimoufly in one voice, withthe hefi ation of two allanerly,_declared, that as on the one part the Kirk and the Minifters thereof are oblidged to give their advi/e and good counfell in matters concerning the Kirk or the conference ofany whatfomever, to his Majeftie, to the Parlament to the Coun- cell, or to any member thereof, for their refoluiions from the word of God, So on the other part , that it is both inexpedient, and unla W- full in this Kirk, for Paftors feparate unto the Gofpell to b'ook civil places, nnd offices, as to be Iuflices of peace j fit and decernein Councell, Seffion, or Ex checker jtoryde or votein Parlament, to be Iudges or AffefTors in any civill ludicatorie.-and therefore refcinds and annuls, all contrarie ads of AfTembly, namely of the AfTembly holden at Montrofe r 60 o. which being preft by authority, did rather for minterim tolerat the fame , and that limitate by many cautions, for the breach whereof thePrelacs have been juftly cenfured, then k^4 S S E MB L Y i^g. 4 j in frccdomc of judgement allow thereof, and ordaineth the Presby- teries to proceed with the cenfures of the Kirk, againft. fuch as {hall tran/grefle herein in time comming. Act. SefT. z<5. December 2o< 1^8. !He Afscmbly con fidering the great prejudice which |8 Gods Kirk in this Iand,hath fuftained thefeyears by- p;ift,by the unwarranted printing of Jybels, pamph- lets, and polemicks, to the difgrace of religion , flan- _ der of the Gofpcll , infe&ing and difquycting the tnindes of Gods people, and difturbance of the peace of the Kirk, and remembring the former ads, and cuftome of this Kirk, as ofall- other Kirks, made for reftraining thefe and the like abufes, and that nothing be printed concerning the Kirk, and religion, except it be allowed by thefe whom the Khkintrufts with that charge: The Af- fembly unanimoufly, by vertue of their Ecclefiafticall authority , diC- chargcth and inhibiteth all printers within this Kingdome, to print anya&of the former Afscmblics, any of the a&s or proceedings of this Afscmbly, any confeffion of Faith, any Protcifations, any rea- fons pro or contra, ancnt the prefent diviiions and contraverfies of this time, or any other trcatife whatfoevcr which may conccrnc the Kirk of Scotland, or Gods caufc in hand, without warrand fubferibed by M r . Archbdd Iohnpn, as Clerk to the Afscmbly , and Advocate for the Kirk 5 or to reprint , without his warrand, any ads ortrcati/es forcfaids, which he hath caufed any other to print, under the paine of Ecclefiafticall cenfures to be execute againft thctranfgreiTburs by the feverall Presbyteries , and incafe of their refufall , by the feverall Commiifiones from this Afscmbly: w hereunto alio we arc confi- dent, the honourable Tudgcsof this land will contribute their civili authority rand this to be intimatpublickly in pulpit, with the other gencrall atfs of this Afsembly. A&* Stff. 26. December 20. 1638. fiSeSQSISHE gencrall Afsembly ordaineth all Presbyteries andPro- ITI vmc i a ^Afsemblies to convecn before them, fuch as arc fcan- S&roS dalous and malicious, and will not acknowledge this AC- icmbly, noracquiefccuntotheacts thereof: And to cenfurcthem according to their malice and contempt, and acts of this Kirk: and where Prcfbytcries are rcfractai ie, granted] power unto the feverall Commiflions to fummond them to^ compear before the next genc- rall Afscmbly to be holdcn at" Edinburgh ', the third Wcdinfday of Iulie, toabidc their tryall and cenfure. F r -AcV Act. SeflT. 2d. December 20. 163S. |WSHe Afsembly confidering the adsandpraftifeofthis Kirke W\ j§ in her pureft times , that the Commiffi oners of every Pre£ B8&5633 byterie ? Burghjand Univerfitie, were both ordained to take, and really did take from the Clerk, the whole generall ads of the Afsembly, fubfcribed by the Clerk : whereby they might rule and conforme their Iudicatorie themfelves , and all perfons within their jurifdi&ions, unto the obedience thereof; Confidering the great pre- judices we have lately felt out of ignorance of the acls of AfTembly, Confidering alfo the great neceffity in this time of reformation, be- yondany other ordinarie time, to have an extract thereof: The Af« fembly ordaineth be this prefent act, that all Commiflioners from Presbyteries, Burghes and Ui li vein ties , prefently get under the . Clerks hand an Index of the acts, till the acts themfelves beextra- cted, and thereafter to get the full extract of the whole generall acts, to be infert in their Presbyrerie books, whereby all their proceed- ings may be regulate in time coming. Likeas the Afsembly recom- mendeth unto every Kirk Seffion, for the prefervation of their par- ticular Paroch from the reentrie of the corruptions now difcharged, and for their continuance in the Covenant , anent doclrine , wor- ihip and difcipline now declared, to obtain an extra dfc of thefeads: efpecially if they be printed: Seeing their pry ce will no wayes then be confiderable: as the benefite both of the particular Paris'h, and the intereft of the whole Kirk,inthe prefervation thereof from defection is undenyable: feeing Presbyteries are compofed of fundry Paro- chins , and fo muft be aflfeded, or infeded as they are, as Provinciall and generall AfTemblies are compofed of Presbyteries, and fo muft be difpofed as they are. Ad:. Sett. 16. December 20. Inthe^fembly at Glafgovv 1638. concerning t he con- fession of Faith renewed in February 1638. |™|He AfTembly confidering that for the purging and preferva- g \ g tion of religion, for the Kings Majeftieshonour,and for the easSGSg publick peace of the Kirk and Kingdome, the renewing of that nationall Covenant and oath of this Kirk and Kingdome, in Fe- bruar 1 53 8. was molt neceffare, likeas the Lord hath blcffed the fame from Heaven with a wonderfull fucceffe for the good of religion, that the faid Covenant fufpendeth the pradife of novations already introduced , and the approbation of the corruptions of the prefent governement of the Kirk , with the civill places, and power of Kirk- men, till they betryed in a free generall AfTembly , and that now af- ter long and fcrious examination, it is found that by the confeffion of K>i S S E M B LT i6^. $\ of Faith, the five articles of P£r//>, and Epifcopall governementare abjured and to be removed out of this Kirk, and the civifl places and power of Kirk-men are declared to be unlawfully The Aflembly alloweth andapprovcth thefame inall the heads and articles thereof, And ordaineth that all Minifters, Matters ofUnivcrfities,ColIedges, and Schooles and all others who have not already fubferibed the faid Confeflion and Covenant, fhall iubferibe the fame, with thefe words prefixed to the fubfeription viz. The article of this Covenant which was at the firft fubfeription referred to the determination ofthege- nerall Aflembly being now determined at Glafgorv^ in December. 1^38. and thereby the five articles of Perth , and the governement of the Kirk by Bifhops , being declared to be abjured and removed, the civill places and power of Kirk-men declared to be unlawfull ; We fubferive according to the determination, of the faid free and law- full generall Aflembly holden at Glafgow. and ordaineth , adperpetu- am rei memoriam , the faid Covenant with this declaration to bein- fcrt in the regiftcrs of the aflemblies of this Kirk 5 generally Pi ovinci- alland P resbyteriall. Act. SefT. 16. December 20. 1638. Concerning the fubferibing the confefsion of Faithe lately fubferibed by bis (JMajefties Commifsioner , and urged to be fubferibed by others, jjFp^fSSgEsing the generall Aflembly , to whom belongeth pro- K?^3tfpl P cr ty tne P u t>lick and judiciall interpretation ofthecon- ft^^S^ fcflion of Faith, hath now after accurattryall, and ma- {0\ ture deliberation clearly found, that the five articles of Ferth i and the governement of the Kirk by Bifliops, arc abjured by the confeflion of Faith , as the fame was profeflfed in the year 1 580. and was renewed in this inftant year 1638. And that the Marques of Hammdtoun his Majefties Commiflioner , hath caufed print a Declaration, bearing that his Majefties intention and his own, in canfingfubferibcthe confeflion of Faith, is no wayes to abjure, but to defend Epifcopall governement, and that by the oath and explana- tion fet down in the aft of Councel,it neither was nor poflibly could be abjured, rcquyring that none take the faid oath, orany other oath in any fenfe, which may not confift with Epifcopall governement: which is dircclly repugnant to the genuine and true meaning of the forefaid Confeflion, as it was profeflfed in the year 1 5 8 o. as is clear- ly now found and declared by the generall Aflembly: Therefore the generall Aflembly doth humbly fupplicate, that his Majeftie may be gracioufly pleafcd, to acknowledge and approve the forefaid true in- terpretation , and meaning of the generall Aflembly, by his Royall warrand to his Majefties Commiffioncr, Counccll, and Subjects, to beput in record for that cfFw'ft, whereof we are confident, after his Majcflic,' a6 THhUt.J>it.lLAL.L. Majefty,hath received trueinformationfiomthisKirk,ho:x>uredwirh his Majefties birth and baptifme ; which will be a royall tcftimonie ofhis Majefties piety and juftice , and a powerfull meane to procure the heartie affection and obedience of all his Majefties loyall Sub- jects: And in the meanetime,ieaft any mould fill under the danger ofacontradi&orie oath, and bring the wrath of God upon them- felves and the land , for theabufeof his Name and Covenants The AfTembly by their Ecclefiafticall authority, prohibited! and dif- chargeth , that no member of this Kirk fwear or fubferibe thefaid Confeflion, fo far wreafted to a contrare meaning, under paine of all Ecclefiafticall cenfurerbut that they fub fcribe the confelfion of Faith, renewed in Februar, with the Declaration of the AfTemb'yfet down in the former acl:. Act. Sell 26. December 20. \6$>. Concerning yearly generall ^Jfemblies, P^JHe x4.flembly having confidered the reafons lately printed U I g for holding of gencrall AfTemblies , which are taken from GflGQSSg the light of nature , the promife of/^/WC/^-//?,thcpraclife of the holy Apoflles, the do&rinc and cuftome of other reformed Kirks, and the liberty of this nationall Kirk , as it isexpreffedin the book of PoIicie,and acknowledged in the ad of Parlament i 59 2, and from recent and prefent experience, comparing the lamentable pre- judices done to religion,through the former want of free and lawfull AfTemblies, and the great benefite aryfingto the Kirk , from this one free and lawfull AfTembly 5 finde it neccfTary to declare, and here- by declares, that by Divine, Ecclefiafticall, and Civillwarrands, this nationall Kirk hath power and liberty to atfemble and conveen in her yearly generall AfTemblies , and oftner ,pro re nutans, occafion and neceffity mall require. Appointeth the next generall AfTembly to fit at Edinburgh , the third Weddinfday of Iulie 167,9. And vvarn- eth all Presbyteries, Univerfities, and Burghes , to fend their Com- miffioners for keeping the fame. Giving power alfo tothePresby- terie of Edinburgh \pro re not a : and upon any urgent and extraordina- ire necefsity ( if any fhall happen before the diet appointed in lulie) to give advertifement to all the Presbyteries, Univerfities, and Burghes, to fend their Commifsioners for holding an occafionall AfTembly. And if in the mcane time it mail pleafe the Kings Majeftie to indicia generall AfTembly, ordaineth all Presbyteries, Uni- verfities , and Burghes , to fend their Commifsioners for keep- ing the time and place which ihall be appointed by his Majefties Proclamation. " T. Atf.- i^SSEMBLT. 163$. 47 Act. SclT. 6. December zo." Ordaining an humble fuf plication to befent to the Kings UMajeftie. THe Aflembly, from the fenfe of his Majefties pietieand ju- ftice , manifefted in the publickindiction of their folemnc mee- ting,for the purging and prefervation of Religion, info great an exigent of the extreame danger of both, from their fears ariling out of experience of the craftie and malicious dealing of their ad verfa- ries in giving finiftroas informations againft the moft religious and loyall defignes and doings of his Majefties good Subjects , and from their earneft defire to have his Majeftietruely informed of their in- tentions and proceedings, from thcmfelves, who know them beft, ( which they are confident, will be better beleeved, and finde more credite with his Majeftie, then any fecret furmife or private fugge- ftion to the contrarie ) that they may gaine his Majefties princely ap- probation and ratification in the enfuing Parliament to their constitu- tions: Hath thought meet an i ordainech, that an humble Amplica- tion be directed to his Majeftie, teftifying their moft heartie chink- fulnefTe for fo royall a favour, as at this time hath refrefhed the whole Kirk and Kingdome, flopping the way of calumnie, and humbly fupplicating for the approbation , and ratification forfaid: That truth and peace may dwell together in this land , to theincrcafe ofhisMajefties glorie,and the comfort and quietneffe of hisMajcfties good people: This the Affembly hath commirted, according to the articles forfaid, to be fubferibed by their Moderatour and Clerk, in their name. The tennonr whereof follorveth. TO THE KINGSMOST EXCELLENT MA IESTIE; The humble Supplication of the generall Afembly of the K^ of Scotlan d, convecned at Glajgoiv, November 21. 1638. Oft gracious Soveraigne, We your Majefties raoft humble and loyall fubjc&s , The Commiflioners from all the parts ofthis your Majeftics ancient and native Kingdome, and members ofthc nationall Af- fembly , convecned at Glafgow , by your Ma- jeftics fpeciallindiction,confidcringthe great happineffe which arifeth both to Kirk and Common- wcalth,by the mutuall cmbracemcncs of Rcligionand Iu- fticc 5 of • 4 8 T H E G E THE RALL ftice,of truth and peace, when it pleafeth theSupreame Providence fo to difpofe,that princely power and ecclefiafticall authoritie joyne in one, do with all thankfulneffe of heart acknowledge, with our mouthes doeconfefTe, and not only with our pennes , but with all our power are readie to witneffe unto the world, to your Majefties never dying glorie, how much the whole Kingdome is affected, and not only refreflied, but revived, with the comfortable fenfe of your Majefties pietie, juftice, and goodnefTe, in hearing our humble fupplications , for a full and free generall AfTembly :and remembring that for the prefent, a more true and real I teftimo- nie of our unfained acknowledgement , could not proceed from us your Majefties duetifull fubje&s, then to walkc worthie of fo royall a favour: It hath been our greateft care and moft ferious en- devour, next unto the will of I e s u s Chri st, the great King of his Kirk redeemed by his own bloud, in all our proceedings, py- ned with our hearty prayers to G o d , for a bleffing from heaven upon your Majefties perfon and government, from the firft houre of our meeting, to carie ourfelves in fuch moderation , order and loyaltie,as befeemed the fubje&s of fo juft and gracious a King, lacking nothing fo much as y our Majefties perfonallprefence: with which had we been honoured and madehappie, we were confident to have gained your Majefties royall approbation to our ecclefiaftick conftitutions,andconcluiions, knowing that a truly Chriftian minde and royall heart inclined from above,to religion and piety,will at the firft difcern , and difcerningbe deeply poffeffed with the love of the javifhing beautie, andheavenly order of the houfe of Godjthey both proceeding from the fame Spirit.But as the joy was unfpeakable,and the hopes lively , which from the fountaines of your Majefties fa- vour did fill our hearts, fo were we not a little troubled, when wee .i- lack , that EdLiam refilled to go with them. But our coin fort is, That Truth is the daughter of time 3 andalthough calumnic often ftart- G cthfiift jo THE G EN E R A LL eth fTrft , and runneth before, yet Veritie followeth her at the heels, and poileileth her felf in noble and royall hearts : where bafe ca« lumnie cannot long finde place. And our confidence is , that your Majeftie with thatworthie King, will keep oneeare fhutagainftall the obloquies of men 5 and with that more wife King 5 who when he gave a proofe that the wifedome of G o d was in him to doe judgement , would have both parties to ftand before him at once: that hearing them equally , they might fpeed beft , and go outmoft chearfully from his Majefties face, who had the beft caufe. When your Majefties wifedome hath fearchedall the fecrets of this Af- fembly, let us be reputed the worft of all men, according to the afper/ions which partialitie would put upon us, let us be the moil miferable of all men, to the full fatisfa&ion of the vindictive ma- lice of our adverfaries , let us by the whole world bee judged of all men the moll unworthie to breath any more in this your Ma- jefties Kingdome, if the caufe that we maintaine, and have been profecuting, fhall be found any other , but that we defire that the Majeftie of God, who is our fear and our dread , be ferved, and his houfe ruled, according to his owne will; if we have-not ca- ried along with us in all the Sefsions of our AiTemblie, a moft hum- ble and loyall refpeft to your Majefties honour , which next unto the honour of the living GoD,lyethneareft our hearts ; if we have not keeped our felves within the limits of our reformation, with- out debording or reflecting upontheconititutionoforher reformed Kirks, unto which wee heartily wifh all truth and peace, and by- whole found judgement and Chriftian affection we certainly look to be approven ; if we have not failed rather by lenitie then by ri- gour in cenfuring of delinquents, never exceeding the rules and lines prefcribed , and obferved by this Kirk , and if ( whatfoever men minding themfelves, fuggeft to the contrary ) the govern- ment and difcipline of this Kirk, fubferibed and fworn before, and now acknowledged by the unanimous confent of this AfTembly, ihall not bee found to ferve for the advancement of the Kingdome of Ch r i s t, for procuring all duetifull obedience to your Majeftie, in this your Kingdome, and great riches and gloriero your Crown, for peace to us, your Majefties loyal! fubjeds , and for terrour to all the enemies of your Majefties honour and our happinefTe: and" if any ad hath proceeded from us, fo farre as our understanding could reach , and humane infirmitie would fufrer, which being duely examined according to the grounds laid by your Majefties Father, of everlafting memory, and our religious Progenitours, and which Religion did forbid us to infringe , fhall merit the anger and indignation, wherewith wee are fo often threatned: But on the contrare, having fincerely fought the glorie of God, the good of Religion, your Majefties honour, the cenfure of impietie, and of men who had fold themfelves to wickednelTe, and the rc- eftabliihmenj: of the right conftitution and government of this Kirk, farre from the fmalleft appearance of wronging any other refor- med ASSEMBLY, i 638. 51 mcd Kirk, we humbly beg, and certainly ex peel, that from the bright beames of your Majefties countenance, mining on this your Majefties own Kingdome and people, all our ftormes mall bec changed in a comfortable calme, and fweet Sun- mine, and that your Majefties ratification in the enfuing Parliament, graci- oufly indi&cd by your Majefties Proclamation to bee keepedin May , fliall fctle us in fuch a firmnefle ? and flabilitie in our Reli- gion , as mall adde a further luftre unto your Majefties glorious Diademe, and make us a blelTed people under your Majefties long and profperous reigne: which we befeech him who hath directed us in our affaires , and by whom Kings reigne, to grant unto your Majeftie, to the admiration of all the world, the aftonifhmenc of your enemies, and comfort of the godly. FINIS. Collected, vified^ And extracted forth of the Rcgijler of the 4tts of the Ajfembly by me M r . A. Ihonfton Clerk thercte, under my figne and fubferipion rmnualL Edinburgh y the 12. ofitn. 16 39* An In d e x of the principall imprinted ads of the Atfembly at Glafgow 5 16 $ 8. KCt containing fundrie Protections between the Commifsioners Grace *■ and the members of the Afiembly. ^itt of election of M r . Alexander Rendctfonto be Moderator. ^Jct of M r . Archibald Ihonfton/^ admifsion to be Clerk and his pro- duction of the Regifiers of the Kirk ? which were preferved by Gods tvonderfu/l providence. . An act dif aiming anie private conference^ andconftant Affe fours to the Moderatour. The act regift rating his Ma]e flics will given in by his Commifsioner. The act bearing the Affcmblies P rot eft at ion againft the difiolttt ion thereof. Act anent the Presbyterie of Auchterardors prefent feat at Aberuthen for a time. \_Act anent the order of receiving the repentance of any penitent Prelate. Act anent the admifsion of M r . Archibald Ihonftonfc? be Advocate and M r . Robert Dalgleifhe to be Agent for the Kirk. Act anent the tranfi?ortingofM r t Alexander Henderfon/rm Leuchars to Edinburgh. Kyict containing a commifsion to fit at Edinburgh December 2 6 m K^in other commifsion to (it at Iedburgh Ian t 2 2 . \^An other commifsion to (it at Irwin Ian. 1 5. , Another commifsionto fit at Dundie Feb. 5. An other commifsion to fit at Chanrie and Forres CMar. ig. An other commifsion t oft at Kirk ubrig ht Feb. 6. An commifsion for vifitationofthe ColledgeofAbevddne. An commifsion for vi fit at ion oftheCollcdgeofGhfgow. Act appointing the Commifsioners to attend the Parlamentandthe articles which they are to reprefent in name of the Kirk to the EHates. Act ordaining the Presbyteries to intimate in their fever all pulpits the Af- femblies explanation of the confefsion of Faith- The act againft Epifcopacie. The act againft the Five A rticles. The act againftthe Service Book. The Book of Cannons. The Book of Ordination. TheHigh Commifiion. Acts of excommunication and depofit ion againft fome Prelats, andofde- poftttm only againft fome of them. Act ordaining all Pre fbyt cries to keep a folemne thank f giving in all Pa- riofb'syfor Gods blef sing and good fuccejfe to this Ajfembly upon the firft convenient Sabbath. Act warranding the Moderator and C lerk to give out fummonds upon re- levant complaints^ againft parties to compear e before the next Aftembly. Act that none be chof en as Ruleing Elders to fit in Prefbyterics Provinch all orgenerall Ajfemblies but thofe who fubferives the Covenant as it is now declared^ and acknowledges the conftitutions of this Afembly. ^Actfor reprefentingto the Parliament the necefsity oftheftandingofthe Piocmoisplacefor the Kirk. - 10 , /6<*V >i /r mr ~qon. &£