Act. approving the Registers.

Anent the report of the Assemblies judgement of the authority
of the books of Assembly; The Moderatour having
desired that if any of the Assembly had any thing to say,
they would now declare it, otherwise they would hold all approved
by the Assembly.

The Commissioner his Grace protested that the Assemblies
approving these books, or any thing contained in them be no wayes
prejudicial to his Majestie, nor to the Archbishops, and
Bishops of this Kingdome, or any of their adherents; because
he had some exceptions against these books. My
Lord Rothes desired these exceptions to be condescended on,
and they should be preferably cleared, and protested that
these books should be claimed authentick and obligatorie
hereafter.

The whole Assembly all in one voice approved these
books, and ordained the same to make faith in judgement,
and out with, in all time commitit, as the true and authentick
Registers of the Kirk of Scotland, conform to the testimonie
subscribed by the Committie, to be insert with the
reasons thereof in the books of Assembly: Whereof the tenour
followeth.

We under-subscribers, having power and commission
from the generall Assembly now presently convened,
and sitting at Glasgow, to peruse, examine and cognosce
upon the validity, faith and strength of the books and registers
of the Assembly under-written, to wit: A register
beginning at the Assembly holden the twentie day of December
1566. and ending at the fourth session of the Assembly
held in the 28 of December 1566.

Item another register beginning at the generall Assembly,
holden the second day of June 1567. and ending at the
fourth session of the Assembly holden at Perth the ninth day
of August 1572, which register is imperfect, and mutilate
in the end, and containeth are no leaf nor page after that
page which containeth the said inscription of the said fourth
session, which two registers bears to be subscribed by John
Gray scribe.

[pg 003]

Item a register of the Assembly holden at Edinburgh the
seventh day of August 1574, and ending with the twelfth
session, being the last session of the Assembly 1579.

Item another register beginning at the Assembly holden
at Edinburgh the tenth of May 1586. and
ending in the seventeenth
session of the Assembly holden in March, 1589.

Item another register being the fifth book, and greatest
volume, beginning at the Assembly holden in Anno 1560,
and ending in the year 1590.

Having carefully viewed, perused and considered the
first registers, and every one of them, and being deeply and
maturely advised, as in a matter of greatest weight and consequence,
do attest before God, and upon our conscience declare
to the world and this present Assembly, that the saids
foure registers above expressed, and every one of them, are
famous, authentick and good registers: which ought to be
so reputed and have publick faith in judgement and out with
ad validem it the records in all things, and that the said fifth &
greatest book, beginning at the Assembly 1560. and ending
1590. being by the hand writs of the Clerk,
cognosced, and tryed, and agreeable
to the other four registers, in what is extant in them,
ought be free of all prejudice and suspicion, and received
with them. And in testimonie of our solemne affirmation,
we have made these presents with our hands.

Subscribitur,
Master Andrew Ramsay.
Master John Adamson.
Master John Row.
Master Rohre Murray.
Master Alexander Gibson.
Master James Boner.
Master Alexander Peerson.
Master Alexander Wedderburn.

[pg 004]

Reasons prooving the five Books and Registers
produced before the Assembly to be authentick.

The books now exhibited unto us underscribers, which
we have revised and perused by commission from the
generall Assembly, are true registers of the Kirk: to wit,
Five Volumes, whereof the first two contain the acts of the
Assembly, from the year of God 1560. to the year 1572.
all subscribed by John Gray Clerk. The third from the year
of God 1574. to the year 1579. The fourth from the year
of God 1586. to the year 1589. At which time Master
James Richie was Clerk, who hath frequently written upon
the margine of the saids two last books, and subscribed the
said margine with his hand-writing. And the fifth book
being the greatest Volume, containing the acts of the generall
Assembly, from the year of God 1560. to the year 1590.
which agreeth with the foresaids other foure books and registers,
in so far as is extant in them, and further recordeth,
what is wanting by them, passing by what is mutilate
in them, and which with the two Volumes produced by
Master Thomas Sandilands from the year 1590. to this present,
maketh up a perfect register.

I. For the first two Volumes subscribed by Ionn Gray, albeit
it be not necessar in such antiquietie to proove that he
was Clerk, seeing he designes himself so by his subscription,
yet the same is manifest by an act mentioned in the third
book, in the time of Master James Richie, who succeeded
him in the said office, and his hand-writ was acknowledged
by sundry old men in the ministery.

II. The uniformitie of his subscriptions through both
Volumes, evident by ocular inspection above the ordinarie
custome of most famous Notars, delivers the same from all
suspicion in facto tam antiquo.

III. There be many coppies, specially of general acts,
yet extant, which do not debord from the saids registers, but
are altogether agreeable thereto.

IV. It is constant by the universal custome of this Kingdome,
that all registers are transmitted from one keeper to
[pg 005]
his successour; and so comming by progresse and succession
from the first incumbent to the last possessour, are never
doubted to be the registers of that judicatorie, whereof the
last haver was Clerk; and therefore it is evident, that these
books comming successfulie from John Gray,
Master James Richie, and
Master Thomas Nicolson, who were all Clerks to
the Assembly, into the hands of Master Robert Winrame,
who was constitute Clerk depute by the said Master Robert
Nicolson (as his deputation here present to show, will testifie)
are the undoubted registers of the Assembly: like as
Alexander Blair succeeded the said
Master Robert in his place of
Clerkship to the assignations and modifications of Ministers
stipends; and during Master Robert his life-time, was his
actual servant, and so had the said books by progresse from
him, which the said Alexander‘s readie presently to testifie.

V. The two registers of Master James Richie, albeit not
under his own hand, yet are frequently margined with his
own hand-writ, and the same marginal additions subscribed
by him, which hand-writ is seen and cognosced by famous
men, who knoweth the same, and it is evident, being
compared with his several writings and subscriptions yet
extant.

VI. The said registers are more perfect, lesse vitiated,
scored, and interlined, then any other authentick and famous
registers of the most prime judicatories within this
Kingdom:

VII. Master Thomas Sandilands, in name of his father, who
was late Clerk by dimution of Master Thomas Nicolson, hath
produced a Volume, which proveth the saids two registers
of Master James Richie to be sufficient records; because that
same Volume is begun by that same hand, whereby the said
Master James Richie his registers are written, and is subscribed
once in the margine by Master James Richie his hand, and
followed forth, and continued in the same book by Master
Thomas Nicolson, who succeeded him in the place, and was
known by most men here present to be of such approven
worth and credit, that he would never have accomplished
a register which had not been famous and true: and whereof
the hand-write, had not then been known to him sufficiently.

[pg 006]

VIII. That register produced by Master Thomas Sandilands,
and prosecuted by Master Thomas Nicolson, proves
the first part of that register to be true and famous, and that
first part being by ocular inspection of the same hand writ,
with Master James Richies registers, and subscribed in the
margine with the same hand writ, proveth Richies two
books to be good records, and Richies registers doth approve
Grays books by the act of Assembly before written: specially
considering the same hath come by progresse and succession
of Clerks, in the hands of Alexander Blair, now living, and
here present.

IX. The compts anent the thirds of benefices between the
Regent for the time, and the Assembly, in the second volume,
pag. 147. are subscribed by the Lord Regents own
hand, as appeareth: for it is a royall-like subscription, and
there is no hand writ in all the book like unto it, and beareth
not Sic subscribitur, which undoubtedly it would do,
if it were a coppie.

X. Master Iames Carmichell was commanded by the generall
Assembly 1595, Sess. 9, in the book produced by Master
Thomas Sandilands, to extract the generall acts forth of
their books; and it is evident that these books are the same
which he perused for that effect, because he hath marked
therein the generall acts with a crosse, and hath designed the
act by some short expression upon the margine, which is
cognosed and known to be his hand writ, by famous and
worthy persons: which is also manifest by the said Master
James his hand and subscription, written with his own hand
in the last leafe of the said books; as also acknowledged in
the said book, produced by Master Thomas Sandilands, wherein
the said Master James Carmichell granteth the receipt of
these, with some other books of the Assemblies.

XI. The registers produced, are the registers of the Assembly,
because in Anno 1586, the Assembly complaineth that
their registers are mutilate: which hath relation to Richies
third book, which is lacerat and mutilate in divers places
without any interveening of blank paper, or any mention of
hic deese.

XII. If these were not principall registers, the enemies of
[pg 007]
the puritie of Gods worship, would never have laboured to
destroy the same which notwithstanding they have done; as
appeareth by the affixing and battering of a piece of paper
upon the margine, anent a condition of the commission not
to exceed the established discipline of this Kirk; subscribed
by the Clerk, book 3, pag. 147, and the blotting out the certification
of the excommunication against Bishop Adamson,
book 4, pag. 30, who in his Recantation generally acknowledgeth
the same: but which, without that recantation,
cannot be presupposed to have been done, but by corrupt
men of intention to corrupt the books, which were not
necessary, if they were not principall registers.

XIII. In the Assembly 1596, the Church complained
upon the Chancelour his retention of their registers, & desired
they might be delivered to their Clerk, which accordingly
was done; as a memorandum before the beginning of the first
book, bearing the redeliverie of these foure books to Master
James Richie, clerk proporteth; which clearly evinceth
that those foure books are the registers of the Assembly.

XIV. The said fifth book and greatest Volume, is also
marked on the margine, with the hand-writ of the said Master
James Carmichell; (which is cognosced) who was appointed to
peruse the books of the Assembly as said is, and would not
have margined the same by vertue of that command, nor
extracted the general acts out of it, if it were not an approbation
therof, as an authentick and famous book.

XV. The said fifth Volume doth agree with the other
foure books; in all which is extant in them, and marketh
the blanks, which are lacerate and riven out of the same;
and compleateth all what is lacking in them.

XVI. In the book of Discipline pertaining to Master
James Carmichel, superscribed by himself, and Master James
Richie, there are sundry acts and passages quoted out of the
said fifth great Volume, saying, It is written in such a page
of the book of the Assembly, which agreeth in subject and
quotation with the said fifth book, and cannot agree with
any other; so that Master James Carmichel reviser of the Assembly
books, by their command, would not alledge that
book, nor denominate the same a book of the Assembly, if
it were not an authentick famous book.

[pg 008]

XVII. Though the corrupt nature of man hath been
tempted to falsifie particular evidents, yet it hath never been
heard that any whole register hath ever been counterfeited;
neither can it bee presupposed that any will attempt that high
wickednesse, seeing the inducements anwerable to that
crime, can hardly be presupposed.

XVIII. It is certain, and notour to all these who are
intrusted with the keeping of the publick records of the
Kingdome, that the same are never subscribed by the
Clerk, but only written and filled up by servants, and
most frequently by unknown hands, yet they and the extracts
thereof make publick faith, and the same are uncontrovertedly
authentick registers; and when the most publick
registers of the Kingdom shall be seen, and compared with
these registers of the Assembly, it shall be found that these
other registers of the most soveraigne judicatories ever unsubscribed
are more incorrect, oftner margined, scored,
and interlined, made up by greater diversitie of unknown
hand writs, than these books of the Assembly, which by
special providence are preserved so intire, that in the
judgement of any man acquainted with registers, they will
manifestly appear at the very sight to be true, famous, and
authentick.

XIX. The fame and credit of ancient registers in this
Kingdome, is so much reverenced that if any extract be
different or discontinuous from the register, that extract albeit
subscribed by the person who for the time had been of
greatest eminence in the trust of registers, will be rectified,
conform to the register, and have no force, so far as it debordeth
therefrom; although the registers be written with
an obscure, unknown hand, and unsubscribed.

The six late pretended Assemblies condemned.

Anent the report of the Committie, for trying the six last
pretended Assemblies: They produced in writ sundrie
reasons, clearing the unlawfulnesse and nullitie of these Assemblies;
[pg 009]
which were confirmed by the registers of the Assembly,
the books of Presbyteries, the Kings Majesties
own letters, and by the testimonie of divers old reverend
Ministers, standing up in the Assembly, and verifying
the truth thereof. The Assembly with the universall consent
of all, after the serious examination of the reasons against every
one of these six pretended Assemblies apart, being often
urged by the Moderatour, to informe themselves thoroughly,
that without doubting, and with a full perswasion of minde,
they might give their voices, declared all these six Assemblies
of Linlithgow 1606. and 1608,
Glasgow 1610, Aberdeen
1616, St. Andrews 1617,
Perth 1618. And every one of them
to have been from the beginning unfree, unlawfull, and
null Assemblies, and never to have had, nor hereafter to
have any Ecclesiasticall authoritie, and their conclusions to
have been, and to bee of no force, vigour, nor efficacie:
Prohibited all defence and observance of them, and ordained
the reasons of their nullitie to be insert in the books of the
Assembly: Whereof the tennour followeth.

Reasons annulling the pretended
Assembly, holden at Linlithgow, 1606.

I. From the indiction of it. It was indicted the third of
December to bee kept the tenth
of December. And so
there was no time given to the Presbyteries, far distant,
neither for election of Commissioners nor for preparation
to those who were to be sent in Commission. The shortnesse
of the time of the indiction is proved by the Presbyterie
books of Edinburgh,
Perth, and Hadingtonn, &c.

II. From the want of a lawfull calling, to these who went
to the meeting, seeing they were not at all elected by their
Presbyteries, but were injoyned to come by the Kings letters.
This also is proved by the foresaids books of the Presbyteries,
and by his Majesties letters.

III. From the nature of that meeting, which was only a
private meeting, or convention, for consultation to be
taken by some persons of sundry estates written for, as the
[pg 010]
Kings letters and the Presbyterie books do acknowledge.

IV. From the power of those ministers who were present.
Their Presbyteries did limitate them: First, That they
should give no suffrages in that meeting as a generall Assembly.
Secondly, That they agree to nothing that may any
wayes be prejudiciall to the acts of the generall Assemblies,
or to the established discipline of the Kirk. Thirdly, That
they should not agree to resolve or conclude any question,
article, or mater whatsoever, the decision whereof is pertinent,
and proper to a free generall Assembly. Fourthly,
If any thing be concluded contrary thereunto, that they protest
against it. These limitations are clear by the Presbyterie
books.

V. The acts of this meeting were not insert in the book
of Assemblies, as is evident by the register.

VI. The next pretended Assembly at Linlithgow, 1608,
doth acknowledge the Assembly, Whereof Master Patrick
Galloway was Moderatour, to have been the last immediate
Assembly, preceding it selfe: and that Assembly whereof
he was moderatour, was the Assembly holden at Halyroodhouse,
1602. So they did not acknowledge that meeting at
Linlithgow, 1606. for any Assembly at all. This is clear
by the registers of the Assembly, 1608, in the entrie
thereof.

Reasons for annulling the pretended
Assembly at Linlithgow, 1608.

I. Manie of the voters in that pretended Assembly had
no lawfull commission from the Kirk, to wit, 42
Noble men, officers of state, councellours, and Barrons,
also the Bishops, contrare to the act of Dundie, 1597. And
one of their caveats, the Noble men, were as commissioners
from the King, the Bishops had no commission at all
from the Presbyterie, for every Presbyterie out of which
they came, had their full number of Commissioners beside
them, as the register of the Assembly beareth.

[pg 011]

II. In a lawfull Assembly there should be none but Commissioners
from Presbyteries, Burghs, and Universities,
and but three ministers at most, with one Elder, Commissioners
from every Presbyterie, according to the act made
at Dundie, 1597. But in that pretended Assembly, there
were foure ministers from the severall Presbyteries, of Edinburgh,
and Cowper, five from the
Presbyteries of Arbroth,
as the roll of the said pretended Assembly beareth, whereas
there were no ruling Elders sent from Presbyteries, according
to the book of policie and act of Dundie.

Reasons for annulling the pretended
Assembly at Glasgow, 1610.

I. The Commission of the pretended Commissioners to
the meeting was null. 1. Because the election of them
was not free, seeing they were nominate by the Kings Letters,
as the Presbyterie books of Edinburgh, Perth, and
Hadingtoun declare.
And the Bishop of St. Andrews in his
letter to some Presbyteries required them to send such
commissioners as the King had nominate: assuring them,
that none other would be accepted. This the Bishops letter
registered in the Presbyterie books of Hadingtoun doth
cleare. 2. And whereas there were no ruling Elders sent
from the Presbyteries to that pretended Assembly, as the
roll of Commissioners sheweth; yet there were moe ministers
from undue severall Presbyteries then three, as five
from Brechen, five from
Arbroth, five from Kirkenbright,
seven from the Presbytery of Argyl, foure from the Presbyterie
of Cowper, foure from
Linlithgow, foure from Pasley,
foure from Hammilton, foure from
Drumfreis, foure from
Dunkell: as the register of that Assembly beareth.

II. There where thirtie voters of Noble men and Barrons,
beside the pretended Bishops, who had no commission from
any Presbyterie. In the fourth Session of this pretended Assembly
it is plainly said, That the Noble men and Barrons
came to it by the Kings direction.

[pg 012]

III. The voting of the commissioners was not free: for
by the Kings Letter to the Assembly they were threatned,
and it was declared that their content was not needfull to any
act to be made there: The King might doe it by his own
power, yet they were allured to vote by a promise that their
good service in so doing should be remembred and rewarded
thereafter.

IV. The principall acts which were made, were set down
verbatim in the privie conference, which chiefly consisted of
the Kings Commissioners and pretended Bishops, and only
read to be ratified in the Assembly.

V. Sundrie ministers then present, doe now declare, that
they knew the ministers who voted the wrong way, to have
received their present reward, and that money was largely
dealt unto them.

Reasons for annulling the pretended
Assembly at Aberdene, 1616.

I. There was no election of a Moderatour: but that place
usurped by the pretended Bishop of Saint Andrews, as
the Register beareth.

II. The indiction of that pretended Assembly was but
twentie dayes before the holding of it: so that the Presbyteries
and burghes could not be prepared for sending their
commissioners: which caused the absence of many Presbyteries
and fourtie foure Burghes.

III. There were twentie five noble-men, and gentle-men
voters without commission from the Kirk. Ma. William
Struthers voted for the Presbyterie of Edinburgh, yet had no
commission there-from. The commission being given by
that Presbyterie to other three, as the said Commission registrar
in the books of the Presbytery beareth. And whereas
there should be but one Commissioner from every burgh,
except Edinburgh, to the Assembly; at this pretended Assembly,
there were two Commissioners from Glasgow, two
from Cowper, two from St.
Andrews: whereas there were no
ruling Elders having commission from their Presbyteries at
that Assembly.

[pg 013]

IV. When the acts of that pretended assembly were written,
the Bishop of St. Andrews with his own hand did interline,
adde, change, vitiate, direct to be extracted or not
extracted, as he pleased: as the scrolls themselves seen, doe
show; wherefore the Clerk did not registrat the acts of that
Assembly, in the books of Assemblies, as may be easily seen
by the blank in the register left for them remaining
unfilled.

The nullitie of the pretended Assembly
at Saint Andrews, 1617.

I. There is no mention of it in the register of the Assemblies,
and so no warrand for their commissions, their
Moderatour or Clerk.

II. The indiction of it was so unformall, that as the scroll
declareth, a great part of the Commissioners from Synods,
Burrows, and gentle-men, would not be present.

III. The Kings Majestie in his letter to Perths Assembly,
acknowledged it was but a meeting, wherein disgrace was
offered to his Majestie.

IV. The former corruptions of the foure preceding Assemblies
had their confluence in this and the subsequent Assembly.

Reasons for annulling the pretended
Assembly, holden at Perth, 1618.

I. The Assembly was indicted but twentie dayes before
the holding of it: and all parties requisit received
not advertisement, as appeareth by their absence. The
untimous indicting of it, is cleared by Presbyterie
books.

II. There was no election of the Moderatour, as was
accustomed to be in lawfull Assemblies; The register cleareth
this.

[pg 014]

III. No formall election of their new Clerk.

IIII. There were five whole Dioces absent, viz. Orknay,
Cathnes, Rosse,
Argyll, and Isles: and many Presbyteries
had no Commissioners there, as the register of that
pretended Assembly beareth.

V. There were nineteen noblemen and Barrons, eleven
Bishops that had no Commission from the Kirk. Whereas
the act for constitution of Assemblies, ordaineth every
Burgh to have but one Commissioner, except Edinburgh,
which may have two (Act at Dundie 1597) yet in that pretended
Assembly, Perth had three Commissioners,
Dundie, had two, Glasgow had two,
and St. Andrews had two: Of
the Burghes, there were there six absent: And for ruling
Elders, there were none at all with commission from their
Presbyteries. All these things are cleared by the records of
that pretended Assemblie.

VI. The Commissioners from some Presbyteries exceeded
their numbers prescribed in the act at Dundie, 1597,
for the Presbyterie of Arbroth were foure Commissioners and
three for the Presbyterie of Aughterardour: Beside these that
were heard to vote, having no commission at all, and some
who had commission were rejected, and were not enrolled,
but others put in their place without commission.

VII. The pretended Bishops did practice foure of the articles
to be concluded there, before the pretended Assembly,
in Edinburgh, St. Andrews,
and other cathedral Churches,
by keeping festival dayes, kneeling at ye Communion. Thus
their voices were prejudged by their practice of these services
before condemned by the Kirk, and therefore they should
have been secluded from voicing.

VIII. In all lawfull Assemblies, the voicing should be
free: But in this pretended Assembly there were no free
voicing; for the voicers were threatned to voice affirmative,
under no lesse pain nor the wrath of authoritie, imprisonment,
banishemnt, deprivation of ministers, and utter
subversion of the state: Yea, it was plainly professed, that
neither reasoning nor the number of voices should carie
the matter away: Which is qualified by the declaration
of many honest old reverend Brethren of the ministery now
present.

[pg 015]

IX. In all lawful Assemblies, the grounds of proceeding
were, and used to be, the word of God, the confession of
Faith, and acts of former general Assemblies. But in this
pretended Assembly, the ground of their proceeding in
voicing was the Kings commandment only: For so the question
was stated: Whether the five articles, in respect of his Majesties
commandement, should passe in act, or not: As the records
of that pretended Assembly beareth. Where it is declared,
that for the reverence and respect which they bear
unto his Majesties Royal commandements, they did agree
to the foresaids articles.

X. Many other reasons verifying the nullitie of all these
Assemblies, were showen and proven before the Assembly,
which needeth not here to be insert.

Against the unlawfull oaths of intrants.

The six Assemblies immediately preceeding, for most
just and weightie reasons above-specified, being found to
be unlawful, and null from the beginning: The Assembly
declareth the oathes and subscriptions exacted by the Prelates
of the intrants in the ministerie all this time by past
(as without any pretext of warrand from the Kirk, so for
obedience of the acts of these null Assemblies, and contrare
to the ancient and laudable constitutions of this Kirk, which
never have been nor can be lawfully repealled, but must
stand in force) to be unlawful, and no way obligatorie.
And in like manner declareth, that the power of Presbyteries,
and of provincial and general Assemblies, hath been
unjustly surpressed, but never lawfully abrogate. And therefore
that it hath been most lawful unto them, not withstanding
any point unjustly objected by the Prelats to the contrare,
to admit, suspend, or deprive ministers, respectivè within their
bounds, upon relevant complaints sufficiently proven; to
choose their own Moderatours, and to execute all the
[pg 016]
parts of ecclesiastical jurisdiction according to their own limits
appointed them by the Kirk.

Condemning the Service-book, Book of Canons,
Book of Ordination, and the high
Commission.

I. The Assembly having diligently considered the Book of
common prayer, lately obtruded upon the reformed
Kirk within this Realme, both in respect of the manner of
the introducing thereof, and in respect of the matter which
it containeth, findeth that it hath been devised and brought
in by the pretended Prelats, without direction from the
Kirk, and pressed upon ministers without warrand from the
Kirk, to be universally received as the only forme of divine
service under all highest paines, both civill and ecclesiasticall,
and the book it self, beside the popish frame and
forms in divine worship, to containe many popish errours and
ceremonies, and the seeds of manifold and grosse superstition
and idolatrie. The Assembly therefore all in one voice,
hath rejected, and condemned and by these presents doth reject
and condemne the said book, not only as illegally introduced,
but also as repugnant to the doctrine, discipline
and order of this reformed Kirk, to the Confession of
Faith, constitutions of generall Assemblies, and acts of Parliament
establishing the true Religion; and doth prohibite
the use and practice thereof: and ordaine Presbyteries to
proceed with the censure of the Kirk against all such as shall
transgresse.

II. The Assembly also, taking to their consideration the
book of Canons, and the manner how it hath been introduced,
findeth that it hath been devised by the pretended
Prelats, without warrand or direction from the generall
Assembly; and to establish a tyrannicall power in the
persons of the pretended Bishops, over the worship of
God, mens consciences, liberties and goods, and to
overthrow the whole discipline and government of the generall
[pg 017]
and Synodall Assemblies, Presbyteries, and Sessions
formerly established in our Kirk.

Therefore the Assembly all in one voice hath rejected and
condemned, and by these presents doth reject and condemne
the said book, as contrare to the confession of our Faith,
and repugnant to the established government, the book of
Discipline, and the acts and constitutions of our Kirk: prohibits
the use and practise of the same; and ordains Presbyteries
to proceed with the censure of the Kirk against all
such as shall transgresse.

III. The Assembly having considered the book of consecration
and ordination, findeth it to have been framed by
the Prelats, to have been introduced and practised without
warrand of authority, either civill or ecclesiasticall: and
that it establisheth offices in Gods house, which are not warranded
by the word of God, and are repugnant to the Discipline,
and constitutions of our Kirk, that it is an impediment
to the entrie of fit and worthie men to the ministery, and to
the discharge of their dutie after their entrie, conforme to
the discipline of our Kirk. Therefore the Assembly all
in one voice hath rejected and condemned, and by these
presents doe reject and condemne the said book; and prohibits
the use and practise of the same: And ordaines Presbyteries
to proceed with the censure of the Kirk against all
such as shall transgresse.

IV. The generall Assembly, after due tryall, having
found that the Court of high Commission, hath been erected
without the consent or procurement of the Kirk, or consent
of the Estates in Parliament, that it subverteth the jurisdiction
and ordinarie judicatories and Assemblies of the Kirk-Sessions,
Presbyteries, provinciall and nationall Assemblies,
that it is not regulate by lawes civill or ecclesiasticall,
but at the discretion and arbitrement of the Commissioners;
that it giveth to ecclesiasticall persons, the power of both
the swords, and to persons meerly civill, the power of the
keys and Kirk censures: Therefore the Assembly all in one
voice, hath disallowed and condemned, and by these presents
doth disallow and condemne the said court, as unlawfull
in it selfe, and prejudiciall to the liberties of Christ—Kirk
[pg 018]
and Kingdome, the Kings honour in maintaining the
established lawes and judicatories of the Kirk; and prohibits
the use and practise of the same; and ordaines Presbyteries
to proceed with the censures of the Kirk, against all such
as shall transgresse.

After the serious discussing of the several Processes, in many Sessions,
from Sess. 14. (which are in the Clerks hands, and
needeth not here to be insert) the following sentences were solemnly
pronounced after Sermon by the Moderatour, in the Assembly
of Glasgow, Sess. 20 December 13, 1638.

Sentence of deposition and excommunication
against Mr. John Spottiswood, pretended Archbishop
of St. Andrews; Mr. Patrik Lindsay,
pretended Archbishop of Glasgow:
Mr. David Lindsay, pretended
Bishop of Edinburgh: Mr. Thomas Sidserfe,
pretended Bishop of Galloway: Mr.
John Maxwell, pretended Bishop of Rosse:
Mr. Walter Whyt-foord, pretended Bishop
of Brechen.

The general Assembly, having heard the libels and complaints,
given in against the foresaids pretended Bishops
to the Presbyterie of Edinburgh, and sundry other Presbyteries
within their pretended Dyocies, and by the saids
Presbyteries referred to the Assembly, to be tryed: The
saids pretended Bishops being lawfully cited, often-times
called, and their Procutour Doctour Robert Hammiltoun, and
not compearing, but declining and protesting against this
Assembly, as is evident by their declinatour, and protestation
given in by the said Doctour Robert Hammiltoun minister
at Glasfoord, which by the acts of Assembly is censurable
with summar excommunication: Entered in consideration
of the said declinatour, and finding the same not to be relevant,
but on the contrare to be a displayed banner against
[pg 019]
the setled order and government of this Kirk, to be fraughted
with insolent and disdainful speeches, lies and calumnies
against the lawful members of this Assembly, proceeded
to the cognition of the saids complaints, and libels
against them; and finding them guiltie of the breach of the
cautions, agreed upon in the Assembly holden at Montrose,
Anno 1600. for restricting of the minister voter in Parliament,
from incroaching upon the liberties and jurisdiction
of this Kirk, which was set down with certification of deposition,
infamie, and excommunication, specially for
receiving of consecration to the office of Episcopacie, condemned
by the confession of Faith, and acts of this Kirk, as
having no warrand, nor foundament in the word of God,
and by vertue of this usurped power, and power of the high
Commission, pressing the Kirk with novations in the worship
of God, and for sundrie other haynous offences, and
enormities, at length expressed, and clearly proven in
their processe, and for their refusal to underly the tryal of
the reigning slander of sundrie other grosse transgressions
and crymes laid to their charge: Therefore the Assembly
moved with zeal to the glorie of God, and purging of his
Kirk, hath ordained the saids pretended Bishops to be deposed,
and by these presents doth depose them, not only
of the office of Commissionaire to vote in Parliament, Councel,
or Convention in name of the Kirk, but also of all
functions whether of pretended Episcopal or ministerial calling,
declareth them infamous. And likewise ordaineth
the saids pretended Bishops to be excommunicate, and declared
to be of these whom Christ commandeth to be holden
by all and every one of the faithful as ethnicks, and publicanes;
and the sentence of excommunication to be pronounced
by Mr. Alexander Henderson, Moderatour in face of
the Assembly in the high Kirk of Glasgow; and the execution
of the sentence to bee intimat in all the Kirks of Scotland by
the Pastours of every particular congregation, as they will
be answerable to their Presbyteries and Synods, or the next
general Assembly, in case of the negligence of Presbyteries
and Synods.

Sentence of deposition and excommunication,
against Mr. Adam Ballantyne, pretended Bishop of
Aberdeen, and Mr. James Wedderburn
pretended Bishop of Dumblane.

The generall Assembly, having heard the lybels and complaints
given in against the foresaids pretended Bishops,
of Aberdeen and
Dumblane, to the Presbytery of Edinburgh,
and sundry Presbyteries within their pretended Dioceses,
and by the saids Presbyteries referred to this Assembly to be
tryed: The saids pretended Bishops being lawfully cited,
often-times called, and not compearing, proceeded to the
cognition of the complaints and lybels against them, and finding
them guilte of the breach of the cautions, agreed upon
in the Assembly holden at Montrose, Anno 1600 for restricting
the minister voter in Parliament, from encroaching upon
the liberties and jurisdictions of this Kirk, which was set
down with certification of deposition, infamie and excommunication,
specially for receiving of consecration to the office
of Episcopacie, condemned by the confession of Faith, and
acts of this Kirk, as having no warrand nor foundament in
the word of God, and by vertue of this usurped power, and
power of the high Commission, pressing the Kirk with novations
in the worship of God, and for sundry other haynous
offences and enormities, and length expressed, and clearly
proven in their Processe, and for their refusall to underly
the tryall of the reigning slander of sundry other grosse transgressions
and offences laid to their charge: Therefore the
assembly moved with zeal to the glorie of God, and purging
of the Kirk, hath ordained the saids pretended Bishops to be
deposed, and by these presents doth depose them, not only
of the office of Commissionary to vote in Parliament, Councell,
or Convention, in name of the Kirk, but also of all
functions, whether of pretended Episcopall or ministeriall
calling, declareth them infamous: and likewise ordains the
saids pretended Bishops to be excommunicate, and declared
to be of these whom Christ commanded to be holden by all
[pg 021]
and every one of the faithfull as Ethnicks and Publicans; and
the sentence of excommunication to be pronounced by Mr.
Alexander Henderson Moderatour, in face of the Assembly
after Sermon, in the high Kirk of Glasgow: and that the execution
of the sentence be intimat in all the Kirks within this
Realme, by the Pastours of every particular congregation,
as they will be answerable to their Presbyteries and Synods,
or the next generall Assembly, in case of the negligence of
Presbyteries and Synods.

Sentence of deposition against Master John
Guthry, pretended Bishop of Murray:
Mr. John Grahame,
pretended Bishop of Orknay, Mr. James
Fairlie, pretended Bishop of Lismoir:
Mr.
Neil Cambell, pretended Bishop
of Isles.

The generall Assembly having heard the lybels and complaints
given in against the foresaids pretended Bishops,
to the Presbyterie of Edinburgh, and sundrie Presbyteries
within their Dyocies, and by the saids Presbyteries referred
to this Assembly to bee tryed: the saids pretended Bishops
being lawfully cited, often-times called, and not compearing,
proceeded to the cognition of the complaints and lybels
against them; and finding them guiltie of the breach of
the cautions agreed upon in the Assembly at
Montrose, Anno
1600. for restricting of the minister, voter in Parliament,
from incroaching upon the liberties and Jurisdictions of this
Kirk, which was set down with certification of deposition,
infamie and excommunication; and especially for receiving
consecration to the office or Episcopacie condemned by the
confession of Faith, and acts of this Kirk, as having no
warrand nor foundament in the word of God, and by vertue
of this usurped power, and power of the high commission,
pressing the Kirk with novations in the worship of God;
and for their refusall to underly the tryall of the reigning
slander of sundrie other grosse transgressions and offences,
[pg 022]
laid to their charge: Therefore the Assembly, moved with
zeal to the glorie of God, and purging of this Kirk, ordaines
the saids pretended Bishops, to bee deposed, and by
these presents doth depose them, not only of the office of
commissionarie, to vote in Parliament, Councel, or convention
in name of the Kirk: but also of all functions,
whether of pretended Episcopall, or ministeriall calling:
And likewise in case they acknowledge not this Assembly,
reverence not the constitutions thereof, and obey
not the sentence, and make not their repentance, conforme
to the order prescribed by this Assembly, ordaines
them to be excommunicated, and declared to bee of
these whom Christ commandeth to be holden by all and
every one of the faithfull as Ethnicks and Publicanes: and
the sentence of excommunication to be pronounced upon
their refusall, in the Kirks appointed, by any of those who
are particularly named, to have the charge of trying their
repentance or impenitencie, and that the execution of this
sentence bee intimate in all the Kirks within this Realme by
the Pastours of every particular Congregation, as they will
be answerable to their Presbyteries and Synods, or the next
generall Assembly, in case of negligence of the Presbyteries
and Synods.

Sentence of deposition against Maister Alexander
Lindsay pretended Bishop of Dunkell.

The generall Assembly having heard the complaint and
lybel given in against Mr. Alexander Lindesay pretended
Bishop of Dunkell,
to the Presbytery of Edinburgh, and sundry
Presbyteries of his pretended Dyocie, and by the Presbyteries
referred to this Assembly to be tryed: The said
pretended Bishop being lawfully cited, often-times called,
& not compearing, but by a letter of excuse submitting himself
to the Assembly, proceeded to the cognition of the
complaint and lybell itselfe against him, and finding him
guiltie of the breach of the cautions agreed upon in the Assembly
[pg 023]
holden at Montrose,
Anno 1600 for restricting the
minister voter in parliament, from encroaching upon the
liberties and jurisdictions of this Kirk, which was set down
with certification of deposition, infamie and excommunication,
especially for receiving consecration to the office of
Episcopacie condemned by the confession of Faith, and
acts of this Kirk, as having no warrand nor foundament in
the word of God, and by vertue of this usurped power, and
power of the high Commission, pressing the Kirk with novations
in the worship of God: Therefore the Assembly
moved with zeal to the glory of God, and purging of this
Kirk, hath ordained the said Mr. Alexander to bee deposed,
and by these presents deposeth him, from the pretended
Episcopall function, and from the office of commissionarie
to vote in Parliament, Councel or Convention in name of the
Kirk, and doth suspend him from all ministeriall function,
and providing he acknowledge this Assembly, reverence
the constitutions of it, and obey this sentence, and make
his repentance conforme to the order prescribed, continueth
him in the ministrie of St. Madoze; And likewise, if he
acknowledge not this Assembly, reverence not the constitutions
of it, and obey not the sentence, and make his repentance,
conforme to the order prescribed by this Assembly,
ordains him to be excommunicat, and declared to bee
one of those whom Christ commandeth to bee holden by all
and every one of the faithfull, as an Ethnick and Publicane,
and the sentence of excommunication to be pronounced
upon his refusall, in the Kirks appointed, by one of these
who are particularly named, to have the charge of trying his
repentance or impenitencie, and that the execution of this
sentence be intimate in all the Kirks within this Realme, by
the Pastours of every particular congregation, as they will
be answerable to their Presbyteries and Synods, or the next
generall Assembly, in case of the negligence of Presbyteries,
and Synods.

Sentence of deposition against Master John
Abernethie pretended Bishop of Cathnes.

The generall Assembly having heard the lybell and complaint
given in against Mr. John Abernethie pretended Bishop
of Cathnes
to the Presbytery of Edinburgh, and sundry
Presbyteries within his Dyocie: And by the saids Presbyteries,
referred to this Assembly to be tryed: The said
pretended Bishop being lawfully cited, often-times called,
and not compearing, but by his letter of excuse upon his
sicknesse, proceeded to the cognition of the complaint and
lybell it selfe against him, and finding him guiltie of the
breach of the cautions, agreed upon in the Assembly holden
at Montrose,
Anno 1600. for restricting the minister voter in
Parliament, from encroaching upon the liberties and jurisdictions
of this Kirk, which was set down with certification
of deposition, infamie, and excommunication, specially
for receiving consecration to the office of Episcopacie,
condemned by the confession of Faith, and acts of this Kirk
as having no warrand nor foundament in the word of God,
and by vertue of the usurped power, and power of the high
Commission pressing the Kirk with novations in the worship
of God: Therefore the assembly moved with zeal to the
glorie of God, and purging of this Kirk, hath ordaineth the
said Mr. John to be deposed, and by these presents deposeth
him from the pretended Episcopall function, and from the
office of Commissionary to vote in Parliament, Councel, or
convention, in name of the Kirk, and doth suspend him
from the ministeriall function. And providing he acknowledge
this Assembly, reverence the constitutions of it, and
obey the sentence, and make his repentance conforme
to the order prescribed by this Assembly, will admit him
to the ministerie of a particular flok: and likewise, in case
he acknowledge not this Assembly, reverence not
the constitutions of it, and make his repentance conforme
to the order prescribed by this Assembly, ordains him
to be excommunicate, and declared to be one of these whom
[pg 025]
Christ commandeth to be holden by all and everyone of
the faithfull as an Ethnick and Publicane: and the sentence
of excommunication to be pronounced upon his
refusall in the Kirks appointed, by one of these who
are particularly named to have this charge of trying his repentance
or impenitencie, and that the execution of this sentence
be intimat in all the Kirks within this Realme, by the
Pastours of every particular Congregation, as they will be
answerable to their Presbyteries and Synods, or the next generall
Assembly, in case of the negligence of Presbyteries
and Synods.

Declaring Episcopacie to have been abjured by the Confession
of Faith, 1580. And to be
removed out of this Kirk.

The Assembly taking to their most grave and serious consideration,
first the unspeakable goodnesse, and great
mercy of God, manifested to this Nation, in that so necessarie,
so difficult, and so excelent and divine work of reformation,
which was at last brought to such perfection,
that this Kirk was reformed, not only in doctrine and worship,
but also after many conferences and publick reasonings
in divers nationall Assemblies, joyned with solemne humiliations
and prayers to God, the discipline and government
of the Kirk, as the hedge and guard of the doctrine and worship,
was prescribed according to the rule of Gods word,
in the book of Policie and Discipline, agreed upon in the
Assembly 1578. and insert in the register 1581. established
by the Acts of Assemblies, by the confession of Faith, sworn
and subscribed, at the direction of the Assembly, and by
continuall practise of this Kirk: Secondly, that by mens
seeking their own things: and not the things of Jesus Christ;
divers novations have been introduced to the great disturbance
[pg 026]
of this Kirk, so firmly once compacted, and to the
endangering of Religion, and many grosse evils obtruded,
to the utter undoing of the work of reformation, and change
of the whole forme of worship and face of this Kirk; Thirdly,
that all his Majesties Subjects both Ecclesiasticall and civil,
being without consent of the Kirk, commanded to receive
with reverence a new book of common prayer, as the
only forme to be used in Gods publick worship, and the contraveeners
to be condignely censured, and punished, and
after many supplications and complaints, knowing no other
way for the preservation of Religion; were moved by God,
and drawn by necessitie, to renew the nationall Covenant
of this Kirk, and Kingdome, which the Lord since hath
blessed from heaven, and to subscribe the Confession of Faith,
with an application thereof, abjuring the great evils wherewith
they were now pressed, and suspending the practise of
all novations formerly introduced, till they should bee tryed
in a free generall Assembly, Lastly, that some of his Majesties
Subjects of sundrie ranks, have by his Majesties commandement
subscribed and renewed the confession of Faith,
without the former application, and that both the one and
the other subscribers have subscribed the said Confession of
Faith in this year, as it was professed and according to the
meaning that it had in this Kingdome, when it was first subscribed
1581. and afterward the Assembly therefore, both
by the subscription of his Majesties high Commissioner, and of
the Lords of secret Councel, Septem. 22. 1638. And by
the acts of Councel, of the date foresaid, bearing that they
subscribed the said Confession, and ordaining all his Majesties
Liedges to subscribe the same, according to the foresaid
date and tennour, and as it was then professed within
this Kingdome, as likewise by the Protestation of some of
the Senatours of the Colledge of justice, when they were required
to subscribe, and by the many doubtings of his Majesties
good Subjects, especially because the subscribers of
the Confession in February 1635. are bound to suspend the
approbation of the corruptions of the government of the
Kirk, till they be tryed in a free generall Assembly; finding
it proper for them, and most necessary and incumbent
[pg 027]
to them, to give out the true meaning thereof as it was at
first professed. That all his Majesties Subjects in a matter so
important; as is the publik Confession of Faith, so solemnely
sworn and subscribed, may be of one minde, and one heart,
and have full satisfaction to all their doubts, and that the
posteritie afterward may be fully perswaded of the true meaning
thereof, after earnest calling upon the name of God,
so religiously attested in the said Confession; have entered
into a diligent search of the registers of the Kirk, and books
of the generall Assembly, which the greatest part of the Assembly
had not seen before; and which by the speciall providence
of God were preserved, brought to their hands, and
publicly acknowledged to bee authentick, and have found
that in the latter confession of the Kirk of Scotland: We profess,
that we deteste all traditions brought into the Kirk without, or
against the word of God, and doctrine of this reformed Kirk: Next,
we abhorre and deteste all contrarie religion and doctrine, but
chiefly, All kinds of papistry in generall & particular heads, as
they were then damned & confuted by the word of God, and Kirk of Scotland,
when the said Confession was sworn and subscribed, An. 1580.
and 1581, 1590, and 1591. Thirdly,
that we deteste the Romane Antichrist,
his worldly monarchie, and wicked hierarchie: Fourthly, that we
joyn our selves to this reformed Kirk in doctrine, Faith, Religion, & discipline,
promising and swearing by the great name of GOD, that we shall
continue in the Doctrine and Discipline of this Kirk, and defend the
same according to our vocation and power all the dayes of our life.

But so it is that Episcopall government is abhorred and detested,
and the government by Ministers and Elders, in
Assemblies generall and provinciall, and Presbyteries was
sworn to, and subscribed in subscribing that Confession,
and ought to be holden by us, if we adhere to the meaning
of the Kirk, when that Confession was framed,
sworn to, and subscribed; unto which we are obliged by
the nationall oath and subscription of this Kirk, as is evident
by the acts of generall Assemblies, agreed upon both before,
at, and after the swearing and subscribing of the said
Confession, in the years above-mentioned, and the book
of policie agreed upon in the Assembly which was holden at
Edinburgh the twentie foure of
April, and twentie foure of
[pg 028]
October, Anno
1578. Insert in the register of the Kirk, by
ordinance of the Assembly holden at Glasgow 1581 and to
be subscribed by all Ministers, that then did bear, or thereafter
were to bear office in this Kirk, by ordinance of the
Assembly holden the fourth of August
at Edinburgh 1590.
And at Edinburgh the second
of July 1591. but specially in the
2. 3. 4. 6. 7. and 11, chapters of the said book.

The Bishops being tollerat from the year 1572, till the
Assembly holden in August 1575. And all this time the Assembly
being wearied with complaints made against them,
did enter in search of the office it selfe, and did agree in this
that the name of a Bishop 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 minister the Sacraments.

At the next Assembly which was holden in April 1576.
Such Bishops were censured as had not taken them to a particular
flock. In the generall Assembly conveened in April
the year of God 1578. Sess. 4. Intimation was made as followeth.

For so much as the heads of the policie being concluded and agreed
upon in the last Assembly, by the most part of the brethren: certain
of the brethren had some difficultie in the head de diaconatu,
whereupon farther reasoning was reserved to this Assembly: It is
therefore required, if any of the brethren have any reasonable doubt or
argument to propone, that he be ready the morow, and then shall be
heard and resolved. In the 6. Sess. April 26. According to
the ordinance made the day before; all persons that had any
doubt or argument to propone, were required to propone
the same; but none offered to propone any argument on the
contrare.

In the Assembly holden at Edinburgh,
in October 1578. It
was showen by the Moderatour thereof to the noble-men,
who were present, viz. My Lord Chancelour, the Earle of
Montrose, my Lord Seaton,
and my Lord Lindsay, What care
and study the Assembly had taken to entertain and keep the puritie of
the sincere word of God, unmixed with the inventions of their own heads,
and to preserve it to the posteritie hereafter, and seeing that
the true Religion is not able to continue nor endure long without a good
[pg 029]
Discipline and policie, in that part also have they imployed their wit
and studie, and drawen forth out of the pure fountain of Gods word,
to bee a Discipline as is meet to remain in the Kirk.

In the same Assembly, the speciall corruptions were set
down, which they craved such of the Bishops as would
submit themselves to the Assembly to remove, with promise,
that if the generall Assembly, hereafter shall
finde further corruptions in the said estate, then hitherto
are expressed that they be content to be reformed by the
said Assembly according to the word of God, when they
shall be required thereto. First, That they be content to bee
Pastours and Ministers of one flock: That they usurpe no criminall
jurisdiction, that they vote not in Parliament in name of the Kirk,
without Commission from the Kirk: That they take not up for the
maintenance of their ambition and rictousnesse, the emoluments of the
Kirk, which may sustain many Pastours, the Schools, and the
poore; but be content with reasonable livings according to their office:
That they claime not to themselves the titles of Lords temporall, neither
usurpe temporall jurisdictions, whereby they are abstracted from their
office: That they empyre not above the particular Elderships, but
be subject to the same: That they usurpe not the power of the Presbyteries.

The question being proponed by the Synod at Loutbian in
the Assembly holden in July 1579. anent a generall order
to be taken for erecting of Presbyteries in places where publick
exercise is used, untill the time the policie of the Kirk
be established by a law: It is answered, The exercise may be judged
to be a Presbyterie. In the Assembly holden at Dundie in
July 1580. Sess. 4, The office of a Bishop was abolished by a
particular act; as appeareth by the tennour of the act following.

In the same Assembly holden Anno
1580. Sess. 10. This
article was appointed to be proponed to the King and Councel,
that the book of policie might be established by an act of
privie Councel, while a Parliament be holden, at which it might
be confirmed by a law.

The extent of the act made at Dundie, was interpreted and
explained in the Assembly, holden at Glasgow,
in April, 1581.
Sess. 6. as followeth.

The Kings Commissioner presented to this Assembly the
Confession of Faith, subscribed by the King, and his houshold,
not long before, together with a plot of the Presbyteries
to be erected, which is registrate in the books of the
[pg 031]
Assembly, with a letter to be directed from his Majestie to
the noble-men and gentle-men of the Countrey, for the
erection of Presbyteries, consisting of Pastours, and Elders,
and dissolution of Prelacies, and with an offer to set forward
the Policie untill it were established by Parliament.
The Kings letter subscribed by his hand, to the Noble-men,
and Gentle-men, was read in open audience of the whole
Assembly.

This Assembly ordained the book of Policie to be insert
in the register by the act following.

Immediatly after the inserting of the book of Policie, called
there the book of Discipline, the Assembly ordained
that the confession of Faith be subscribed as followeth.

In the general Assembly holden at Edinburgh
in October
1581. Sess. 10. Mr. Robert Montgomery is accused for teaching
that Discipline is a thing indifferent. Sess. 23. The
Assembly gave commission to the Presbyterie of Stirling, to
charge Mr. Robert Montgomerie, to continue in the ministerie
of Stirling, and not to medle with any other office or function
of the Kirk, namely in aspyring to the Bishoprick of Glasgow,
against the word of God, and acts of the Kirk, under
the pain of excommunication.

[pg 032]

In the same Assembly it is acknowledged that the estate of
Bishops is condemned by the Kirk, a commission for erection
of moe Presbyteries was renewed: and a new ordinance
made for subscribing the confession of Faith, and to proceed
against whatsoever persons that would not acknowledge and
subscribe the same.

In the Assembly holden in April 1582. there was a new
commission for erection of Presbyteries, where none was as
yet erected, Mr. Robert Montgomerie, pretending to be Bishop
of Glasgow, was ordained to be deposed and excommunicat,
except hee gave evident tokens of repentance, and
promise to superseed, which he did not: and therefore he
was excommunicat shortly after, according to the ordinance
of this Assembly.

In the generall Assembly holden at Edinburgh, 1582. The
generall Assembly gave commission to some Presbyteries, to
try and censure such as were called Bishops, for the great
slander arising by their impunitie. Commission was given
at this Assembly to present some articles to the Councel and
Estates, for approving and establishing by their authoritie
the Presbyteries, the Synodall, and generall Assemblies.
In the 19. Sess. The Assembly declared, that no Bishop
may sit upon the Councell in name of the Kirk.

In the Assembly holden Anno 1586. These two articles
were agreed upon. First It is found that all such as the Scripture
appointeth governours of the Kirk, to wit Pastours, Doctours, and
Elders, may conveen to the generall Assemblies, and vote in Ecclesiasticall
matters. Secondly: There are foure office bearers set down
to us by the Scriptures, to wit Pastours, Doctours, Elders, and
Deacons, and the name of Bishop ought not to be taken as it hath been
in time of Papistrie, but is common to all Pastours, and Ministers.

In the Assembly holden Anno 1587. Sess. 8. It was ordained
that the admission of Mr. Robert Montgomerie by the
Presbyterie of Glasgow, suppose to the temporalitie of the
Bishoprick only, be undone and annulled with all possible
diligence, to the effect slander might be removed from the
Kirk. In Sess. 15. Mr. Robert Pont shewed the Kings presentation
to the Bishoprick of Cathnes, & desidered the judgement
of the Assembly. The Assembly in their letter to the
[pg 033]
Kings Majestie, declared that they judged the said Mr. Robert
to be a Bishop already according to the Doctrine of St. Paul:
But as to that corrupt estate or office, of these who have
been termed Bishops heretofore, they found it not agreable
to the word of God, and that it hath been damned in diverse
Assemblies before.

In the instructions given to such as were appointed to wait
upon the Parliament, it was ordained in the same Assembly
Sess. 17. That they be careful that nothing be admitted prejudicial
to the liberties of this Kirk, as it was concluded
according to the word of God in the general Assemblies,
preceeding the year 1584. but precisely to seek the same
to be ratified in the Assembly holden in March 1589.
where the articles were made for subscribing the confession
of Faith with the generall band, it was ordained as
followeth.

In the Assembly holden 1590. when the confession of
Faith was subscribed universally de novo, a ratification of the
liberties of the Kirk, in her jurisdiction, discipline, Presbyteries,
Synods, and generall Assemblies, and an abrogation
of all things contrarie thereunto; was ordained to
be sought both of the Councel and Parliament. In the next
Session it was ordained that the book of Discipline, specially
the controverted heads, should be subscribed by all Ministers
that bear, or hereafter was to bear office in this Kirk,
and that they be charged by the Presbyteries, under the
pain of excommunication: Seeing the word of God cannot
bee keeped in sincerity, unlesse the holy Discipline
be preserved. The Presbyteries were ordained to get a coppie
under the Clerks hand; there were sundrie coppies subscribed
by the Ministers in the Presbyteries yet extant,
as Hadingtoun, Dumfermling,
&c. produced before the
Assembly.

[pg 034]

In the Assembly 1591. Sess. 4. The former act anent the
subscription to the book of Policie is renewed, and a penaltie
imposed upon the Moderatour, in case it be not put in
execution.

In the Assembly 22. May 1592. Sess. 2. These articles
were drawn up. That the acts of Parliament made 1584. against
the Discipline, libertie and authoritie of the Kirk be annulled, and
the samine discipline, whereof the Kirk hath been in practise, precisely
ratified. That Abbots, Priors, and other Prelats pretending
the title of the Kirk, be not suffered in time coming. In the 11.
Session the number of the Presbyteries were given up, and
insert in the Parliament immediatly following. The fifth
of June 1592. The libertie, discipline, and jurisdiction of
the true Kirk, in her Sessions, Presbyteries, Synodal and
general Assemblies, is largely ratified, as the samine was
used, and exercised within this Realme, and all the acts
contrary thereto abrogat: The Kings prerogative declared
not to be prejudicial to the same priviledges grounded upon
the word of God, the former commissions to Bishops 1584.
rescinded, and all Ecclesiastical matters, subjected to Presbyteries,
according to the discipline of this Kirk. Anno 1595.
The book of Policie with other acts is ratified and ordained
to be printed.

It was also cleared that Episcopacie was condemned in
these words of the Confession, HIS WICKED HEIRARCHIE.
For the Popish Hierarchie doth consist of Bishops,
Presbyters, and Deacons, that is baptizing and preaching
Deacons: For so it is determined in the councel of Trent, in
the 4. chap. De Sacramento ordinis, can. 6.

Si quis dixerît in ecclesia Catholica non esse
heirarchiam divina ordinatione institutam, quæ
constat ex Episcopis. Presbyteris & ministris,
anathema sit. Bellarmine likewise in his
book De Clericis. cap.
11. saith, That there
are three Hierarchies in the militant Kirk: The first of Bishops,
the second of Priests, the third of Deacons, and that the Deacons are
also Princes, if they be compared with the people: This proposition
following; Hierarchia ecclesiastica constat ex Pontifice,
Cardinalibus, Archiepiscopis, Episcopis & Regularibus, was
[pg 035]
censured by the Facultie of Theologie in the Universitie at
Paris, as followeth, Inicta
prima propositione enumeratio membrorum
hierarchiæ ecclesiasticæ sen sacri principatus, divina ordinatione
instituti est manca & redundaus atque, inducens in errorem
contrarium determinationi sacræ Sinodi Tridentinæ: The proposition
was defective, because it pretermitted the Presbyters
and Deacons; it was censured as redundant, because it
made the Hierarchie to consist of the
Pope, Cardinals,
Archbishops,
and Regulars; the Pope
is not within the Hierarchie of Primats,
Metropolitanes, and
Archbishops, but as they are Bishops.
Furthermore, this Hierarchie is distinguished in the confession
from the Popes monarchie.
And howbeit this Hierarchie
be called the Antichrists Hierarchie, yet it is not to distinguish
betwixt the Hierarchie in the Popish Kirk, and any other as
lawful: But the Hierarchie, wheresoever it is, is called
his, as the rest of the Popish corruptions are called his: To
wit, Invocation of Saints,
canonisation of Saints, dedication of
Altars, &c.
are called his, not that there is another lawfull
canonization, invocation, or dedication of altars: whatsoever
corruption was in the Kirk, either in doctrine, worship,
or government since the ministry of iniquitie began
to work, and is retained, and maintained, by the Pope,
and obtruded upon the Kirk by his authority, are his. A
passage also out of the history of the councell of Trent
was alledged, where it is related, that the Councell
would not define the Hierarchie
by the seven orders: we have
in our confession of Faith the manifold
orders set apart and distinguished
from the Hierarchie, but as it is set down in the
cannon above cited: We have in the book of Policie or second
booke of Discipline, in the end of the second chapter,
this conclusion agreed upon. Therefore all the ambitious titles
invented in the kingdome of Antichrist, and in his usurped HIERARCHIE
which are not of one of these four sorts, To wit,
Pastours, Doctours, Elders, and Deacons, together with offices
depending thereupon, in one word ought to be rejected.

All which and many other warrands being publickly read,
and particularly at great length examined, and all objections
answered in face of the Assembly, all the members of the
Assembly being many times desired and required to propone
[pg 036]
their doubts, and scruples, and every one being heard to
the full, and after much agitation as fully satisfied; the
Moderatour at last exhorting every one to declare his minde,
did put the matter to voicing in these termes: Whether according
to the confession of faith, as it was professed in the year 1580.
1581. and 1590. There be any other Bishop, but a Pastour of a
particular flock, having no preheminence nor power over his brethren,
and whether by that Confession, as it was then professed, all other episcopacie
is abjured, and ought to bee removed out of this Kirk. The
whole Assembly most unanimously, without contradiction
of any one (and with the hesitation of one allanerly) professing
full perswasion of minde, did voice, that all Episcopacie
different from that of a Pastour over, a particular flock, was abjured
in this Kirk, and to be removed out of it. And therefore Prohibites
underr ecclesiasticall censure any to usurpe accept, defend,
or obey the pretended authoritie thereof in time coming.

The Assembly at Glasgow,
declaring the five Articles of
Perth to have been abjured and
to bee removed.

The Assembly remembring the uniformity of worship
which was in this Kirk, before the articles of Perth, the
great rent which entered at that time, and hath continued
since, with the lamentable effects, that it hath produced
both against Pastours, and professours, the unlawfulnesse
and nullitie of Perth Assembly already declared by this Assembly,
and that in the necessarie renewing of the confession
of Faith in February 1638. the practice of novations introduced
in the worship of God, was suspended, till they should
be determined in a free generall Assembly: and that in the
same year at his Majesties command some had subscribed the
confession of Faith, as it was professed when it was first subscribed:
For these causes the Assembly entered into a diligent
tryall of the foresaid articles, whether they be constant
to the confession of Faith, as it was meaned and professed in
[pg 037]
the year 1580. 1581. 1590. and 1591. And findeth that first
in generall: In the confession of Faith we professe, We willingly
agree in our consciences to the forme of Religion, of a long time
openly professed by the Kings Majestie, and Whole body of this
Realme in all points, as unto Gods undoubted truth and verity,
grounded only upon his written word, and therefore abhor and deteste
all contrary Religion and Doctrine, but chiefly, all kinde of papistrie
in generall and partrcular heads, even as they were then
damned and confuted by the Word of God and Kirk of Scotland, and
in speciall the Romane Antichrist his five bastard sacraments,
with all rites, ceremonies and false doctrine, added to the ministration
of the true Sacraments, without the word of God, his cruell
judgement against Infants departing without the Sacrament, his absolute
necessitie of baptisme, and finally, we deteste all his vain allegories,
rites, signes, and traditions brought into the Kirk without,
or against the word of God, and doctrine of this true reformed Kirk,
to the which we joyne our selves willingly in Doctrine, Faith, Religion,
Discipline, and use of the holy Sacraments, as lively members
of the same in Christ our Head; promising and swearing, &c.
And that these five articles are contrarie to the Religion then
professed, were confuted by the word of God, and Kirk
of Scotland, or are rites,
and ceremonies, added to the ministration,
of the true Sacraments, without the word God,
or nourish the popish judgement against Infants departing
without the Sacrament, or absolute necessitie, of Baptisme
or rites, signes, and traditions brought in to the Kirk, with
out or against the word of God, and doctrine of this true reformed
Kirk.

And next in particular, concerning festivall dayes, findeth,
that in the explication of the first head, of the first
book of Discipline, it was thought good that the feasts of
Christmas, Circumcision,
Epiphanie, with the feasts of the Apostles,
Martyres, and Virgine Mary, bee utterly abolished,
because they are neither commanded nor warranded by
Scripture, and that such as observe them be punished by civill
Magistrats. Here utter abolition is craved, and not reformation
of abuses only, and that because the observation
of such feasts hath no warrand from the word of God. In
the generall Assembly holden at Edinburgh
Anno 1556. the
[pg 038]
large confession of Helvetia was approved, but with speciall
exception against the same five dayes, which are now urged
upon us. It was not then the Popish observation only,
with the Popish opinion of worship and merit, which was
disallowed; (for so the reformed Kirk in Helvetia did not
observe them) but simpliciter all observation. For this end
was read a letter in Latine, sent at that time by some of our
divines to certaine divines in these parts to this purpose. In
the Assembly holden 1575. in August, complaint was made
against the Ministers and Readers beside Aberdene; because
they assembled the people to preaching and prayers upon
certane festival dayes: So that preaching and prayers upon
festival dayes was judged rebukable. It was ordained likewise,
that complaint be made to the Regent, upon the
town of Drumfreis, for urging and convoying a Reader to
the Kirk with Tabret and Whistle, to read Prayers, all
the holy dayes of Christmas, upon the refusal of their own
Reader. Among the articles directed by this Assembly to
the Regent: It was craved that all holy dayes hereto-fore
keeped holy, beside the Lords day, such a Yooleday, and
Saints dayes, and such others may bee abolished, and a
certain penaltie appointed for banqueting, playing, feasting
upon these dayes. In the Assembly holden in April,
Anno 1577. It was ordained that the visitors with the advice
of the Synodal Assembly, should admonish Ministers,
preaching or ministrating the Communion at Easter, or
Christmas, or other like superstitious times, or Readers
reading, to desist, under the paine of deprivation. In the
ninth head of the first book of Discipline, the reason is set
down against Easter Communion. Your honours are
not ignorant how superstitiously the people run to that action at Pascheven;
as if the time gave vertue to the Sacrament, and how the rest of the
whole year, they are carelesse and negligent, as if it appartained
not to them, but at that time only. And for this reason, other times
were appointed by that book, for that holy action. In the Assembly
holden 1596. begun in March 1595. at which time the
Covenant was renewed, superstition and idolatrie breaking
forth in observing festival dayes; setting out of bone-fires,
singing Carols, are reakoned amongst the corruptions which
[pg 039]
were to be amended: And the Pulpits did sound from time
to time, against all shew of observing any festival day whatsoever,
except the Lords day.

Concerning kneeling at the Communion, findeth that in
the confession of Faith prefixed before the Psalmes, and approved
by our Kirk in the very beginning of the reformation,
we have these words, Neither in the ministration of the Sacraments,
must we follow men: but as Christ himself hath ordained,
so must they be ministred. In the large confession of Faith
chap. 23. It is required as necessary, for the right ministration
of the Sacraments, that they bee ministred in such elements,
and in such sort, as God hath appointed, and that
men have adulterate the Sacraments with their own inventions:
So that no part of Christs action abideth in the originall
puritie. The judgement of our reformers, who drew up
the large Confession, was by cleare evidents shewed to be
contrary to this gesture in the act of receiving the Sacrament.
In the order of celebrating the Lords Supper, prefixed before
the Psalmes in meeter, sitting
and distributing by the Communicants,
are joined: as likewise by the second head of the
first book of Discipline, as nearest to Christs own action, and
to his perfect practise, and most convenient to that holy action,
and all inventions devised by man are condemned, as alterations
and accusations of Christs perfect ordinance: Ministers
were enjoyned by act of Assembly in December 1562.
To observe the order of Geneva: that is the English Kirk at
Geneva: where Master Knox had been
sometime Minister, in the ministration of the Sacraments. This act was renewed
in the Assembly holden in December 1564. where Ministers
are referred to the order set down before the Psalmes,
for ministration of the Sacraments; which is all one with
the former: for that was the order of the English Kirk
at Geneva.

In the Parliament holden Anno 1567. It was declared that
whosoever did not participate of the Sacraments, as they
were then publickly administrat in this reformed Kirk ought
not to be reputed members of this Kirk. The act for the
Kings oath at his coronation, to maintain the due administration
of the Sacraments, as they were then ministred,
[pg 040]
Anno 1567. Was ratified
Anno 1581. At which time the short
Confession, adhering to the use of the Sacraments, in the Kirk
of Scotland, was subscribed:
as also Anno 1592. after the second
Subscription to the confession of Faith. In the Parliament
1572. an act was made against such as did not participat
of the Sacraments as they were then rightly ministered:
But the gesture of kneeling, in the act of receiving, putteth
the ministration of the Sacraments used in this Kirk out of
frame: whereby it is clear that whatsoever gesture or rite,
cannot stand with the administration of the Sacraments as
they were then ministred and were ministred ever since the
reformation, till the year 1618. must bee condemned by our
Kirk as a rite added to the true ministration of the Sacraments
without the word of God, and as rite or tradition brought
in without, or against the word of God, or doctrine of this
reformed Kirk.

III. Concerning Confirmation; The Assembly findeth it to
be comprehended in the clause of the Confession, where
the five bastard Sacraments
are condemned. And seeing Episcopacie
is condemned, imposition of hands by Bishops falleth to
the ground. And in all the acts for catechising or examination
before admission to the communion, no inkling of imposition
of hands.

IIII. Concerning the administration of the Sacraments
in private places, or private baptisme, and communion;
findeth that in the book of common order, set down before
the Psalmes, it is said, That the Sacraments art not ordained of
God to be used in private corners, as charmers and sorcerers use to doe,
but left to the Congregation. In the Assembly
holden at Edinburgh
in October Anno 1581. the same year and Assembly, that
the confession of Faith was subscribed: It was ordained,
that the Sacraments be not administred in private houses, but solemnly
according to good order hither to observed. The Minister of
Tranent was suspended at that time, for baptizing an infant in a
private house: but confessing his offence, he was ordained
to make his publick repentance in the Kirk of Tranent, before
he be released. Another Minister was to be tried, and
censured, for baptizing privately, and celebrating the
Communion upon Pasch-day, at the
Assembly holden in October
[pg 041]
1580. Which acts and censures make manifest, that our
Kirk abhorred whatsoever fostered the opinion of the necessitie
of Baptisme, and giving of the Sacrament, as a viaticum.

All which, and many other acts, grounds, and reasons,
being at length agitated, and with mature deliberation pondered,
and libertie granted to every man to speak his minde;
what could be said further, for the full satisfaction of all
men.

The matter was put to voicing, in these words: Whether
the five articles of Perth, by the confession of Faith, as it was
meaned and professed in the year 1580. 1581. 1590. 1591. ought to be
removed out of this Kirk: The whole Assembly all in one consent,
one onely excepted, did voice that the five articles above
specified were abjured by this Kirk, in that Confession,
and so ought to be removed out of it: And therefore prohibiteth
and dischargeth all disputing for them, or observing
of them, or any of them, in all time comming, and ordains
Presbyteries to proceed with the censures of the Kirk against
all transgressours.

Against the civil places and power of Kirk-men.

The generall Assembly, remembering that among other
causes of the application of the confession of Faith to the
present time, which was subscribed in February 1638. The
clause touching the civill places and power of Kirk-men, was
referred unto the tryal of this Assembly; entered into a serious
search thereof, especially of their sitting on the bench,
as Justices of peace, their sitting in Session and Councel,
their riding and voting in Parlament: and considering how
this vote in Parliament, was not at first sought nor requyred
by this Kirk, or worthy men of the Ministerie, but being
obtruded upon them, was disallowed for such reasons as
could not well be answered (as appeareth by the conference,
holden at Halyrude-house 1599. which with the reasons
therein contained was read in the face of the Assembly) &
by plurality of voices nor being able to resist that enforced
favour, they foreseeing the dangerous consequences thereof,
in the Assembly at Montrose did limitate the same by
many necessare cautions: Considering also the protestation
made in the Parliament 1606 by Commissioners from Presbyteries,
and provincial Assemblies, against this restitution
of Bishops to vote in Parliament, and against all civil offices
in the persons of Pastors, separate unto the Gospel, as incompatible
with their spiritual function; with the manifold
reasons of that Protestation from the word of God, ancient
Councels, ancient and moderne Divines, from the Doctrine,
discipline and Confession of Faith of the Kirk of Scotland,
which are extant in print, and were read in the audience of
the Assembly: Considering also from their own experience
the bad fruits and great evils, which have been the inseparable
consequents of these offices, and that power in the
persons of Pastors separate to the Gospel, to the great prejudice
of the freedome and libertie of the Kirk, the jurisdiction
of her Assemblies, and the powerful fruits of their
spiritual Ministerie; The Assembly most unanimously in
[pg 059]
one voice, with the hesitation of two allanerly, declared,
that as on the one part the Kirk and the Ministers thereof are
oblidged to give their advise and good counsel in matters
concerning the Kirk or the Conscience of any whatsomever,
to his Majestie, to the Parliament, to the Councel, or to
any members thereof, for their resolutions from the word
of God, So on the other part, that it is both in-expedient,
and unlawful in this Kirk, for Pastors separate unto the
Gospel to brook civil places, and offices, as to be Justices
of peace; sit and decerne in Councel, Session, or Exchecker;
to ride or vote in Parliament, to be Judges or Assessors
in any Civil Judicatorie: and therefore rescinds and
annuls, all contrarie acts of Assembly, namely of the Assembly
holden at Montrose 1600. which being prest by authority,
did rather for an interim tolerat the same, and that
limitate by many cautions; for the breach whereof the Prelats
have been justly censured, then in freedome of judgement
allow thereof, and ordaineth the Presbyteries to
proceed with the Censures of the Kirk, against such as shall
transgresse herein in time coming.

Concerning the subscribing the confession of Faith lately
subscribed by his Majesties Commissioner, and
urged to be subscribed by others.

Seeing the generall Assembly, to whom belongeth properly
the publick and judiciall interpretation of the confession
of Faith, hath now after accurat tryall, and mature
deliberation clearly found, that the five articles of Perth,
[pg 063]
and the governement of the Kirk by Bishops, are abjured
by the confession of Faith, as the same was professed in the
year 1580. and was renewed in this instant year 1638. And
that the Marques of
Hammiltoun his Majesties Commissioner,
hath caused print a Declaration, bearing that his Majesties
intention and his own, in causing subscribe the confession
of Faith, is no wayes to abjure, but to defend Episcopall
governement, and that by the oath and explanation set
down in the act of Councel, it neither was nor possibly
could be abjured, requiring that none take the said oath,
or any other oath in any sense, which may not consist
with Episcopall governement: which is in-directly repugnant
to the genuine and true meaning of the foresaid Confession
as it was professed in the year 1580. as is clearly now
found and declared by the generall Assembly: Therefore
the generall Assembly: Doth humbly supplicate, that
his Majestie may be graciously pleased, to acknowledge
and approve the foresaid true interpretation, and meaning
of the generall Assembly, by his Royall warrand
to his Majesties Commissioner, Councel, and Subjects,
to be put in record for that effect, whereof we are confident,
after his Majesty, hath received true information
from this Kirk, honoured with his Majesties birth and
baptisme, which will be a royal testimonie of his Majesties
piety and justice, and a powerfull meane to procure
the heartie affection and obedience of all his Majesties
loyall Subjects: And in the meane time, least any should
fall under the danger of a contradictorie oath, and bring the
wrath of God upon themselves and the land, for the abuse
of his Name and Covenant; The Assembly by their Ecclesiastical
authority, prohibiteth and dischargeth, that no
member or this Kirk swear or subscribe the said Confession,
so far wreasted to a contrary meaning, under paine of all
Ecclesiastical censure: but that they subscribe the confession
of Faith, renewed in Februar, with the Declaration of the
Assembly set down in the former act.

Concerning yearly generall Assemblies.

The Assembly having considered the reasons lately printed
for holding of general Assemblies, which are taken
from the light of nature, the promise of Jesus Christ, the
practise of the holy Apostles, the doctrine and custome of
other reformed Kirks, and the liberty of this national Kirk,
as it is expressed in the book of Policie, and acknowledged
in the act of Parlament 1592, and from recent and present
experience; comparing the lamentable prejudices done to
religion, through the former want of free and lawful Assemblies,
and the great benefite arysing to the Kirk, from this
one free and lawful Assembly; finde it necessary to declare,
and hereby declares, that by Divine, Ecclesiasticall, and
Civill warrands, this national Kirk hath power and liberty
to Assemble and conveen in her year-ly generall Assemblies,
and oftner, pro re nata, as occasion and necessity
shall require. Appointeth the next Generall Assembly
to sit at Edinburgh the third Weddinsday of Julie 1639.
And warneth all Presbyteries, Universities, and Burghes,
to send their Commissioners for keeping the same. Giving
power also to the Presbytery of Edinburgh,
pro re nata:
and upon any urgent extraordinarie necessity (if any
shall happen before the diet appointed in Julie) to give advertisement
to all the Presbyteries, Universities, and Burghes,
to send their Commissioners for holding an occasionall Assembly.
And if in the meane time it shall please the Kings
Majestie to indict a generall Assembly, ordaineth all Presbyteries;
Universities, and Burghes, to send their Commissioners
for keeping the time and place which shall be appointed
by his Majesties Proclamation.

Ordaining an humble supplication to be sent to the
Kings Majestie.

The Assembly, from the sense of his Majesties pietie and
justice, manifested in the publick indiction of their solemne
meeting, for the purging and preservation of Religion,
in so great an exigent of the extreame danger of both,
from their fears arising out of experience of the craftie and
malicious dealing of their adversaries in giving sinistrous
informations against the most religious and loyall designes
and doings of his Majesties good Subjects, and from their
earnest desire to have his Majestie truely informed of their
intentions and proceedings, from themselves: who know
them best, (which they are confident, will be better beleeved:
and finde more credite with his Majestie, than any
secret surmisse or private suggestion to the contrarie)
that they may gaine his Majesties princely approbation and
ratification in the ensuing Parliament to their constitutions:
Hath thought meet and ordaineth, that an humble supplication
be directed to his Majestie, testifying their most
heartie thankfulnesse for so Royal a favour, as at this time
hath refreshed the whole Kirk and Kingdome, stopping the
way of calumnie, and humbly supplicating for the approbation,
and ratification foresaid: That truth and peace
may dwell together in this Land, to the increase of his
Majesties glory, and the comfort of quietness of his Majesties
good People: This the Assembly hath committed,
according to the Articles foresaid, to be subscribed by
their Moderatour and Clerk, in their name. The tennour
whereof followeth.

[pg 066]

To The Kings Most
Excellent Majestie:

The humble Supplication of the general Assembly
of the Kirk of Scotland, conveened at
Glasgow, November 21. 1638.

Most gracious Soveraigne,

We your Majesties most humble and loyal Subjects,
The Commissioners from all the parts of this your
Majesties ancient and native Kingdome, and members of
the National Assembly, conveened at Glasgow, by your
Majesties special indiction, considering the great happinesse
which ariseth both to Kirk and Common-wealth, by the
mutual embracements of Religion and Justice, of truth
and peace, when it pleaseth the Supreame Providence so to
dispose, that princely power and ecclesiastical authoritie
joyne in one, do with all thankfulnesse, of heart acknowledge,
with our mouthes doe confesse, and not only with
our pennes, but with all our power are readie to witnesse
unto the world, to your Majesties never dying glorie, how
much the whole Kingdome is affected, and not only refreshed,
but revived, with the comfortable sense of your Majesties
pietie, justice, and goodnesse, in hearing our humble
supplications, for a full and free general Assembly: and
remembring that for the present, a more true and real testimonie
of our unfained acknowledgement, could not proceed
from us your Majesties duetyful Subjects, then to
walke worthie of so royal a favour: It hath been our greatest
care and serious endevour, next unto the will of JESUS
CHRIST, the great King of his Kirk redeemed by his own
bloud, in all our proceedings, joyned with our hearty
prayers to GOD, for a blessing from heaven upon your
Majesties Person and government, from the first houre of
our meeting, to carie our selves in such moderation, order
and loyaltie, as beseemed the subjects of so just and gracious
a King, lacking nothing so much as your Majesties personal
[pg 067]
presence: With which had we been honoured and
made happie, we were confident to have gained your Majesties
Royall approbation to our ecclesiastick constitutions,
and conclusions, knowing that a truly Christian minde and
royall heart inclined from above, to religion and piety, will
at the first discern, and discerning be deeply possessed with
the love of the ravishing beautie, and heavenly order of the
house of God; they both proceeding from the same Spirit.
But as the joy was unspeakable, and the hopes lively, which
from the fountaines of your Majesties favour did fill our
hearts, so were we not a little troubled, when wee did
perceive that your Majesties Commissioner, as before our
meeting, he did endevour a prelimitation of the Assembly
in the necessarie Members thereof, and the matters to bee
treated therein, contrarie to the intention of your Majesties
Proclamation indicting a free Assembly according to the
order of this Kirk, and laws of the Kingdome: So from
the first beginnings of our sitting (as if his Lordship had
come rather to crosse, nor to countenance our lawful proceedings,
or as we had intended any prejudice to the good
of Religion), or to your Majesties honour (which GOD
knoweth was far from our thoughts) did suffer nothing, although
most necessarie, most ordinarie, and most undenyable,
to passe without some censure, contradiction, or
protestation: And after some dayes debating of this kinde,
farre against our expectation, and to our great griefe, did
arise himself, commanded us, who had laboured in every
thing to approve our selves to GOD, and to his
Lordship, as representing your Majesties Person, to arise
also, and prohibited our further meeting by such a
proclamation, as will be found to have proceeded, rather
from an unwillingnesse that we should any longer sit, then
from any ground or reason, which may endure the tryal
either of your Majesties Parliament, or of your own royall
Judgement, unto which if (being conveened by indiction
from your Majestie, and sitting now in a constitute Assembly)
we should have given place, This Kirk and Kingdome,
contrare to your Majesties most laudable intentions manifested
[pg 068]
in former proclamations, and contrarie to the desires and
expectation of all your Majesties good people, had been in
an instant precipitate in such a world of confusions, and such
depths of miserie, as afterward could not easily have been
cured. In this extreamitie we made choise rather of that
course which was most agreeable to your Majesties Will revealed
unto us, after so many fervent Supplications, and
did most conduce for the good of Religion, your Majesties
honour, and the well of your Majesties Kingdome; then to
give way to any sudden motion, tending to the ruin of all:
wherein wee are so far from fearing the light, least our
deeds should be reproved, that the more accuratly that we
are tryed, and the more impartially our using of that power,
which God Almighty, and your sacred Majestie, his Vicegerent
had put in our hands, for so good and necessarie ends,
is examined, we have the greater confidence, of your Majesties
allowance and ratihabition: and so much the rather,
that being in a manner inhibited to proceed in so good a
work, we doubled our diligence, and endevoured more
carefully then before, when your Majesties Commissioner was
present, in every point, falling under our consideration, to
walke circumspectly, and without offence, as in the sight
of God, and as if your Majesties eyes had been looking upon
us, labouring to proceed according to the word of God,
our confession of Faith, and nationall oath, and the laudable
constitutions of the lawfull Assemblies of this Kirk; and
studying rather to renew, and revive old acts made for the
reformation of Religion, in the time of your Majesties Father,
of happie memorie, and extant in the records of the
Kirk, which divine providence hath preserved, and at this
time brought to our hands; then either to allow of such novations,
as the avarice and ambition of men, abusing authoritie
for their own ends, had without order introduced;
or to appoint any new order, which had not been formerly
received, and sworn to be reteined, in this Kirk. In all
which the members of the Assembly, found so clear and
convincing light, to their full satisfaction, against all their
doubts and difficulties, that the harmonie and unanimitie
[pg 069]
was rare and wonderfull, and that we could not have agreed
upon other constitutions, except wee would have been
found fighting against GOD. Your Majesties wise and
princely minde knoweth, that nothing is more ordinary
then for men, when they doe well, to bee evil spoken of,
and that the best actions of men are many times misconstrued,
and mis-reported. Balaam, although a false Prophet,
was wronged: for in place of that which hee said, The
Lord refuseth to give me leave to go with you: the princes of
Moab reported unto
Balack, that Balaam refused to goe
with them. But our comfort is, That Truth is the daughter
of time, and although calumnie often starteth first, and
runneth before, yet Veritie followeth her at the heels, and
possesseth her self in noble and royall hearts: where base calumnie
cannot long finde place. And our confidence is,
that your Majestie with that worthie King, will keep one
eare shut against all the obloquies of men; and with that
more wise King, who when he gave a proofe that the wisedome
of GOD was in him to doe judgement, would have
both parties to stand before him at once: that hearing them
equally, they might speed best, and go out most chearfully
from his Majesties face, who had the best cause. When
your Majesties wisedome hath searched all the secrets of this
Assembly, let us be reputed the worst of all men, according
to the aspersions whith partialitie would put upon us, let us
be the most miserable of all men to the full satisfaction of the
vindictive malice of our adversaries, let us by the whole
world bee judged of all men the most unworthie to breath
any more in this your Majesties Kingdome, if the cause that
we maintaine, and have been prosecuting, shall be found any
other, but that we desire that the Majestie of GOD, who is
our fear and our dread, be served, and his house ruled, according to
his owne will; if we have not carried along with us in
all Sessions of our Assemblie, a most humble and loyall respect
to your Majesties honour, which next unto the honour
of the living GOD, lyeth nearest our hearts; if we have not
keeped our selves within the limits of our reformation,
without debording or reflecting upon the constitution of other
[pg 070]
reformed Kirks, unto which wee heartily wish all truth
and peace, and by whose sound judgement and Christian affection
we certainly look to be approven; if we have not failed
rather by lenitie then by rigour in censuring of delinquents,
never exceeding the rules and lines prescribed,
and observed by this Kirk, and if (whatsoever men minding
themselves, suggest to the contrary) the government
and discipline of this Kirk, subscribed and sworn before, and
now acknowledged by the unanimous consent of this Assembly,
shall not bee found to serve for the advancement of
the Kindome of CHRIST, for procuring all duetifull
obedience to your Majestie, in this your Kingdome, and
great riches and glorie to your Crown, for peace to us,
your Majesties loyall subjects, and for terrour to all the
enemies of your Majesties honour and our happinesse: and
if any act hath proceeded from us, so farre as our understanding
could reach, and humane infirmitie would suffer
which being duely examined according to the grounds laid
by your Majesties Father, of everlasting memory, and our
religious Progenitours, and which Religion did forbid us
to infringe, shall merit the anger and indignation, wherewith
wee are so often threatned: But on the contrare, having
sincerely sought the glorie of GOD, the good of Religion,
your Majesties honour, the censure of impietie, and of
men who had sold themselves to wickednesse, and the reestablishment
of the right constitution and government of
this Kirk, farre from the smallest appearance of wronging
any other reformed Kirk, we humbly beg, and certainly
expect, that from the bright beames of your Majesties
countenance shining on this your Majesties own Kingdome
and people, all our stormes shall bee changed in a comfortable
calme, and sweet Sun-shine, and that your Majesties
ratification in the ensuing Parliament, graciously indicted
by your Majesties Proclamation to bee keeped in May, shall
setle us in such a firmnesse, and stabilitie in our Religion,
as shall adde a further lustre unto your Majesties glorious
Diadem, and make us a blessed people under your Majesties
long and prosperous reigne; which we beseech him who
[pg 071]
hath directed us in our affaires, and by whom Kings reigne,
to grant unto your Majestie, to the admiration of all the
world, the astonishment of your enemies, and comfort of
the godly.

Collected, visied, and extracted forth of the Register
of the acts of the Assembly by me Mr A. Jhonston
Clerk thereto, under my signe and subscription
manuall.

Edinburgh, the 12.
of Jan. 1639.

Master George Grahame his renouncing and
abjuring of Episcopacie.

The which day was given into the Assembly, direct from Master
George Grahame, sometimes pretended Bishop of Orknay,
an abjuration of Episcopacie, subscribed with his hand, which
was publickly read in audience of the Assembly; and thereafter
they ordained the same to be registrat in the assembly Books ad
perpetuam rei memoriam, whereof the tenor follows.

To all and sundry whom it effects, to whose
knowledge these presents shall come, specially
to the reverend and honourable Members of the
future Assembly to be holden at Edinburgh, the
twelfth day of August 1639. years: Me Master
George Graham, sometime
pretended bishop of Orknay, being
sorry and grieved at my heart that I should ever for any
wordly respect have embraced the order of Episcopacie,
the same having no warrand from the Word of God, and
being such an order, as hath had sensibly many fearful and
evill consequences in many parts of Christendome, and particularly
[pg 073]
within the Kirk of Scotland, as by doleful and deplorable
experience this day is manifest, to have disclaimed,
like as I by the tenor hereof doe altogether disclaime and
abjure all Episcopal power and jurisdiction, with the whole
corruptions thereof, condemned by lawful Assemblies
within the said Kirk of Scotland, in regard the same is such
an order as is also abjured within the said Kirk, by vertue
of that National Oath with was made in the years 1580. and
1581. promising and swearing by the great Name of the
Lord our God, That I shall never whiles I live, directly
or indirectly, exerce any such power within the Kirk,
neyther yet shall I ever approve or allow the same, not so
much as in my private or publike discourse: But on the
contrary, shall stand and adhere to all the Acts and Constitutions
of the late Assembly holden at Glasgow, the 21. of
Novemb. 1638. last by-past, and shall concurre to the uttermost
of my power, sincerely and faithfully, as occasion
shall offer, in execution the said Acts, and in advancing
the Work of Reformation within this Land, to the glory
of God, the peace of the Countrey, and the comfort and
and contentment of all good Christians, as God shall be
my help. In testimony of the which premisses, I have
subscribed thir presents with my hand at
Breeknes in Stronnes,
the eleventh day of February, the year of God 1639.
years, before thir witnesses Master Walter Stuart, Minister
at Shoutronnaldsay, Master
James Heynd, Minister at Kirkwall,
Master Robert Peirson, Minister
at Firth, and Master Patrick
Grahame, Minister at Holme, my Son.

Act containing the Causes and Remedie of the
by-gone Evils of this Kirk.

The Kings Majestie having graciously declared, That it
is His Royal will and pleasure, that all questions about
Religion, and matters Ecclesiastical be determined by Assemblies
[pg 074]
of the Kirk, having also by publike Proclamation
indicted this free national Assembly, for setling the present
distraction of this Kirk, and for establishing a perfect peace,
against such divisions and disordres as have been sore displeasing
to his Majestie, and grievous to all his good Subjects.
And now his Majesties Commissioner John
Earle of Traquair,
intrusted and authorized with a full Commission, being present,
and sitting in this Assembly, now fully conveened
and orderly constitute in all the members thereof, according
to the order of this Kirk, having at large declared His
Majesties zeal to the reformed Religion, and His Royal
care and tender affection to this Kirk, where His Majestie
had both His Birth and Baptisme, His great displeasure at
the manifold distractions and divisions of this Kirk and
Kingdome, and His desires to have all our wounds perfectly
cured with a fair and fatherly hand: And although in the
way approven by this Kirk, tryal hath been taken in former
Assemblies before from the Kirk registers, to our full satisfaction,
yet the Commissioners Grace making particular
enquiry from the members of the Assembly, now solemnly
conveened, concerning the real and true causes of so many &
great evils as this time past had so sore troubled the peace of
this Kirk and Kingdome, It was represented to his Majesties
Commissioner by this Assembly, That beside many other,
the maine and most material causes were, First, The pressing
of this Kirk, by the Prelates with a Service Book, or Book of
Common Prayer, without warrand or direction from the
Kirk, and containing beside the Popish frame thereof, diverse
Popish errors and ceremonies, & the seeds of manifold grosse
Superstitions and Idolatry, with a Book of Canons, without
warrand or direction from the general Assembly, establishing
tyrannicall power over the Kirk in the person of Bishops,
and overthrowing the whole discipline & government of the
Kirk by Assemblies, with a Book of Consecration and Ordination,
without warrand of Authoritie, Civill or Ecclesiasticall,
appointing offices in the house of God, which are not
warranted by the word of God, and repugnant to the discipline
and Acts of our Kirk, and with the high Commission,
erected without the consent of the Kirk, subverting the jurisdiction
[pg 075]
and ordinary Judicatories of this Kirk, and giving
to persons meerely Ecclesiasticall, the power of both swords,
and to persons meerly Civill, the power of the Keys
and Kirk-sensures. A second cause was the Articles of
Perth, viz.
the observation of Festivall dayes, kneeling at
the Communion, Confirmation, Administration of the
Sacraments in private places, which are brought in by a null
Assembly and are contrary to the Confession of Faith, as it
was meant and subscribed Anno 1580, and divers times since
and to the order and constitutions of this Kirk. Thirdly,
the changing of the government of the Kirk, from the Assemblies
of the Kirk to the persons of some Kirkmen, usurping
prioritie and power over their Brethren by the way,
and under the name of Episcopall government against the
Confession of Faith, 1580 against the order set downe in the
Book of Policy, and against the intention & constitution
of this Kirk from the beginning. Fourthly the Civill places
and power of Kirkmen, their sitting in Session, Councell
and Exchequer, their Riding, Sitting, and voting in Parliament,
and their sitting in the Bench as Justices of peace,
which according to the constitutions of this Kirk are incompatible
with their spiritual function, lifting them up above
their Brethren in worldly pomp, and do tend to the hinderance
of the Ministrie. Fiftly the keeping and authorizing
corrupt Assemblies at Linlithgow, 1606. and 1608. At
Glasgow, 1610. At Aberdene,
1616. At S. Andrews, 1617. At
Perth, 1618. which ar null and unlawful, as being called
and constitute quite contrary to the order and constitutions
of this Kirk received and practised ever since the reformation
of Religion, and withal laboring to introduce novations
into this Kirk, against the order and religion established.
A sixth cause is the want of lawful & free General Assemblies,
rightly constitute of Pastors, Doctors, and Elders yearly,
or oftner pro re nata, according to the libertie of this Kirk,
expressed in the Book of Policy: and acknowledged in the
Act of Parliament, 1592. After which the whole Assembly
in one heart and voyce did declare, that these and such
other, proceeding from the neglect and breach of the Nationall
Covenant of this Kirk and Kingdome, made in Anno
[pg 076]
1580. have been indeed the true and maine causes of all
our evills and distractions. And therefore ordain, according
to the constitutions of the Generall Assemblies of
this Kirk: And upon the grounds respectivè above-specified,
That the foresaid Service-Book, Books of Cannons,
and Ordinaination, and the high Commission, be
still rejected: that the Articles of Perth, be no more practised:
That Episcopall Government, and the Civill places
and power of Kirk-men be holden still as unlawfull in this
Kirk: That the above named pretended Assemblies, At
Linlithgow 1606. and 1608.
At Glasgow 1610. At Aberdene
1616. At S. Andrews 1617.
At Perth 1618. be hereafter
accounted as null, and of none effect. And that for preservation
of Religion, and preventing all such evill in time-coming,
Generall Assemblies rightly constitute, as the proper
and competent judge of all matters Ecclesiasticall, heereafter
be kept yearly and oftner, pro re nata, as occasion and
necessity shall require; The necessity of these occasionall
Assemblies being first remonstrate to His Majestie by humble
supplication: As also that Kirk Sessions, Presbyteries
and Synodall Assemblies, be constitute and observed, according
to the order of this Kirk.

Act approving an old Register of the
Generall Assembly.

We under subscribers, Forsameikle as the late Generall
Assembly holden at Glasgow, gave power and Commission
to us, To peruse, examine, and cognosce upon the
validity, faith, and strength of the books and Registers of
the Assembly, particularly set down in the Commission
given to us thereanent: According whereunto we did carefully
view, peruse, and consider the saids Registers, and
gave our testimony thereof under our hands, of the validity
and sufficience of the samine, to the said Generall Assembly.
And now having a new Commission given to us from the
Generall Assembly now presently conveened and sitting at
Edinburgh. To peruse, examine, and cognosce upon the
validity, faith and strength of another Register of the Assembly,
which was not set down and recommended to us
by the said former Commission, which Register beginneth
at the Assembly holden at Edinburgh
the sixt day of March
1572. and endeth at the Assembly likewise holden at Edinburgh
1573. we have carefully viewed, perused, and considered
the said Register: And being deeply and maturely advised,
as in a matter of greatest weight and consequence,
do attest before God, and upon our consciences declare to
the world, and this present Assembly, That the said Register
above exprest, is a famous, authentick, and good Register,
which ought to be so reputed, and have publike
faith in judgement and outwith, as a valid and true Record
in all things, And finds the same to be of the same handwrit,
and subscribed by the same Clerk of the Generall Assembly
as divers of the said other Registers (formerly perused by
us) are. And in testimonie of our solemne affirmation we
have subscribed these presents with our hand, at Edinburgh the
14. day of August 1639.

Act approving the deposition of the Ministers
by the Committees.

The Assembly, after the receiving of the whole reports
from the Committees, appointed for revising of the
processes and sentences, led, deduced, and pronounced
before, and by the several Commissions granted by the Assembly
at Glasgow, All in one voice approved the saids
whole Processes as orderly proceeded, and the whole sentences
pronounced therein till, as just and lawful decrees,
without prejudice of any favour that can be showne to any
person or persons, against whom the said sentences are pronounced
upon their supplications, or of Justice to such as
complain of their processe, and offers to reduce the same
upon whatsoever reason competent, by the Constitutions
of this Kirk and Kingdome, before the General Assembly
and the Commissioners thereof, they being appointed for
that effect.

Act anent receiving of deposed Ministers.

The which day the General Assembly upon the report of
the Committees anent these who are deposed by Synods,
Doe make this General Act, recommending to the
Synods all these who are deposed befor them for subscribing
of the Declinator, & reading of the Service book and for no
other grosse cause, That upon their true repentance & submission
to the Constitutions of this Kirk & upon their purgation
and clearnesse from any grosse Faults laid to their charge in
any new processe against them, they may be found by the
Synod as capable of the Ministrie, when God grants them an
ordinary and lawful calling by admission from the Presbyterie,
either in the Church they served in before, or in any
other Church.

Act anent the keeping of the Lords Day.

The Assembly considering that the conventions of the
People, specially on the Sabbath Day are very rare in
many places, by distraction of labour not only in harvest and
seed-time, but also every Sabbath, by fishing both of the
white fish, and Salmond-fishing, and in going of Mylnes.
Therefore the Assembly dischargeth and inhibiteth all such
labour of fishing, as well white fish and Salmond-fish, and
going of Mylnes of all sorts upon the Sabbath, under the
pain of incurring the censures of the Kirk: And ordaines
the Commissioners of this Assembly, to mean the same to
His Majestie, and to desire that a pecunial paine may be injoyned
upon the contraveeners of this present Act.

Articles and Overtures approved by the Assembly.

That some Commissioners be appointed to visit and peruse
the whole Acts of General Assemblies, and to marke
such Acts as are for the use of the Kirk in General, To extract
the same out of the Registers, to the effect that after they be
tryed, they may be printed according to the old Acts of the
Assembly at Edinburgh,
March 7. 1574. Sess. 9.

[pg 080]

That course may be taken for restraining of people from
passing to England to marry, which is the occasion of great
in conveniences.

That the Acts for furnishing expences to Commissioners,
sent by the Presbyteries to the General Assembly, and sent in
Commission by Generall Assemblies, may be explained;
And it be declared that all such Commissioners whatsoever,
by their stipends may be furnished by the Kirks of the Presbyterie,
according to the order, set down in the Act of the
last Assembly, since the errand is common, and the benefit
concerneth all: and that order may be taken, how that
an expedient voluntarie course, thought fit by the Assembly,
shall by advise of Parliament, have the force of a law, for
compelling these to pay who are stented, both for the last
and this Assembly and in time to come.

That the Session-books of every Paroche be presented once
a year to the Presbyteries, that they may be tryed by them.

That the Act of the 38. Assembly at Edinburgh,
October 24,
1578. Sess. 8. ordaining Ministers who are deposed, to be
charged under the pain of excommunication, to dimit their
places, that they may be unquestionably vacand, may now
be renewed.

The Assembly would revive or renew all former Acts of
Assembly against Papists, and excommunicate persons, against
haunters with them and receivers of them.

That an uniforme Catechisme may be appointed to be used
throughout this whole Kingdome in the examinations before
the Communion.

[pg 081]

That all Ministers or Intrants presented to Kirks, be tryed
before their admission, if they be qualified for the places to
which they are presented, besides the ordinary tryalls of Expectants
before their entrie to the Ministerie.

The Supplication of the General Assembly to the Kings
Majesties Commissioner, concerning the Book,
called, The large Declaration.

We the Members of this present Assembly, for our selves,
and in name of the severall Presbyteries, Burghs,
and Universities, for which we are Commissioners resenting
the great dishonour done to God, our King, this Kirk, and
whole Kingdome, by the Book called, A large Declaration,
have here represented the same to your Grace, and have collected
some amongst many of false grosse and absurd passages;
That from the consideration thereof, your Grace, perceiving
the intolerable evills foresaids contained therein, may
be pleased to represent the same to our gracious Soveraigne,
and in our behalfs humbly to beseech his Majestie, so much
wronged by the many foul and false relations, suggested
and perswaded to him as trueths, and by stealing the protection
of His Royal Name and Authoritie to the patrocinie
of such a Book: To be pleased first to call in the said
Book: and thereby to shew his dislike thereof: Next
to give Commission and warrant, To cite all such parties
as are either knowne or suspect to have hand in it, and
to appoint such as His Majestie knowes to be either authors,
informers, or any wayes accessarie, being Natives of this
Kingdome, To be sent hither to abide their tryall and
censure before the Judge Ordinary, and in speciall Master
Walter Balcanquell, now Deane
of Durham, who is
known and hath professed to be the author, at least a vower
and maintainer of a great part thereof; that by their examplar
[pg 082]
punishment, others may be deterred from such dangerous
courses, as in such a way to raise sedition betwixt the King
and His Subjects, Gods honour may be vindicate from so
high contempt, His Majesties justice may appear, not only
in cutting away such Malefactors, but in discouraging all
such under-miners of His throne, His loyall and loving Subjects
shall be infinitly contented to be cleared before the
world of so false and unjust imputations, and will live hereafter
in the greater securitie, when so dangerous a course of
sedition is prevented, and so will have the greater and greater
cause to pray for His Majesties long & prosperous Reigne.

The Supplication of the Assembly to His Majesties
High Commissioner, and the Lords
of secret Councell.

Wee the Generall Assembly, considering with all humble
and thankful acknowledgement, the many recent
favours bestowed upon us by His Majestie, and that there
resteth nothing for crowning of His Majesties incomparable
goodnesse towards us, but that all the members of this Kirk
and Kingdom be joyned in one and the same Confession and
Covenant with God, with the Kings Majestie, and amongst
ourselves: And conceiving the main lett and impediment
to this so good a work, and so much wished by all, to have
been the Informations made to his Majestie, of our intentions
to shake off Civil and dutiful obedience due to Soveraignity,
and to diminish the Kings greatnesse and authoritie,
and being most willing and desirous to remove this and
all such impediments which may hinder and impede so full
and perfect an Union, and for clearing of our loyaltie,
WEE in our own names, and in name of all the rest of the
Subjects and Congregations whom we represent, do now
[pg 083]
in all humility represent to your Grace, His Majesties Commissioner,
and the Lords of His Majesties most honourable
privie Councel, and declares before God and the World,
that we never had nor have any thought of with-drawing
our selves from that humble and dutiful obedience to His
Majestie, and to his Government, which by the descent
& under the reign of 107 Kings is most chearfully acknowledged
by us and our predecessors: And that we never had,
nor have any intention nor desire to attempt any thing that
may tend to dishonour of God, or the diminution of the
Kings greatnesse and authoritie: But on the contrary, acknowledging
our quietnesse, stabilitie and happinesse to
depend upon the safety of the Kings Maj. Person, & maintenance
of His greatnesse and Royal authority who is Gods
Vice-gerent set over us, for the maintenance of Religion
and ministration of Justice, We have solemnly sworn and
do sweare, not only our mutual concurrence and assistance
for the cause of Religion, and to the uttermost of our power,
with our means and lives, to stand to the defence of our
dread Soveraigne, his Person and authority, in preservation
and defence of the true Religion, Liberties and Lawes
of this Kirk and Kingdome, but also in every cause which
may concerne His Majesties honour, shall according to the
Lawes of this Kingdome, and the duties of good Subjects
concurre with our friends and followers in quiet manner,
or in armes, as we shall be required of His Majestie, His
Councel, or any having his Authority. And therefore
being most desirous to cleare our selves of all imputation
of this kinde, and following the laudable example of our
predecessors, 1589. do most humble supplicate your Grace,
His Majesties Commissioner, and the Lords of His Majesties
most honourable privie Councell, to enjoyn by Act
of a Councel, that this Confession and Covenant, which,
as a testimony of our fidelity to God, and loyaltie to our King,
we have subscribed, be subscribed by all His Majesties Subjects,
of what rank and quality soever.

The Act of the Lords of Councel at Edinburgh,
August 30. 1639. containing the Answer of the
preceding Supplication.

The which day in presence of the Lord Commissioner and
the Lords of privie Councel, compeired personally
John Earle of Rothes,
James Earle of Montrose,
John Lord Lowdoun,
Sir George Stirling of Keir Knight,
Sir William Douglas of Cavers Knight,
Sir Henry Wood of Bonytoun Knight,
John Smyth Burgesse of Edinburgh,
Mr. Robert Barclay
Provest of Irwing, Mr. Alexander Henderson Minister
at Edinburgh, and Mr. Archbald Johnstoun Clerk to the
General Assembly, and in the name of the present sitting
General Assembly, gave in to the Lord Commissioner,
and Lords of privie Councel, the Petition above written;
which being read, heard, and considered by the saids Lords,
they have ordained, and ordain the same to be insert and registrate
in the books of Privie Councel, and according to
the desire thereof, ordaines the said Confession and Covenant
to be subscribed in time coming by all His Majesties
Subjects of this Kingdome, of what ranke and quality
soever.

The Kings Majesties Commissioners
Declarations.

The which day His Majesties Commissioner, and Lords
of Councel, after the receiving of the Supplication
of the General Assembly, anent the subscribing of the Covenant,
having returned to the Assembly, His Majesties
Commissioner in name of the Councel, declared; That he
had received the Supplication of the Assembly, desiring that
the Covenant might receive the force of an Act of Councel,
to be subscribed by all His Majesties Subjects, that they
had found the desire so fair and reasonable, that they conceived
themselves bound in duety to grant the same; and
thereupon have made an Act of Councel to that effect: And
[pg 085]
that there rested now the Act of Assembly. And that he
himself was so fully satisfied, that he came now as his Majesties
Commissioner to consent fully unto it: And that he
was most willing that it should be enacted here in this Assembly,
to oblige all his Majesties Subjects to subscribe the said
Covenant, with the Assemblies explanation. And because
there was a third thing desired, His subscription as the Kings
Commissioner, unto the Covenant, which he behoved to
do, with a Declaration in writ, and he declared as a Subject,
he should subscribe the Covenant as strictly as any,
with the Assemblies Declaration; but as His Majesties Commissioner
in his name behoved to prefix to his subscription,
the Declaration following, which no Scots Subjects should
subscribe, or have the benefit of, no not himself as Earle of
Traquair. The tenor whereof follows:

Seeing this Assembly, according to the laudable form and
custome heretofore kept in the like cases, have in an
humble and dutiful way, supplicate to us His Majesties
Commissioner, and the Lords of His most honourable
Privie Councel, That the Covenant, with the explanation
of this Assembly, might be subscribed: And to that effect
that all the Subjects of this Kingdome by Act of Councel be
required to doe the same: And that therein for vindicating
themselves from all suspitions of disloyaltie, or derogating
from the greatnesse and authoritie of our dread Soveraigne,
have therewith added a Clause, whereby this Covenant is
declared one in substance with that which was subscribed
by His Majesties Father of blessed memory 1580, 1581,
1590. and oftner since renewed. Therefore I as His Majesties
Commissioner, for the full satisfaction of the Subjects,
and for settling a perfect Peace in Church and Kingdome,
doe according to my foresaids Declaration and Subscription,
subjoyned to the Act of this Assembly of the date
the 17 this instant, allow and consent that the Covenant be
subscribed throughout all this Kingdome. In witnes whereof
I have subscribed the premisses.

Like as his Majesties Commissioner, read and
gave in the Declaration following, of his consent
to the Act of the Assembly 17. August, anent
the causes of our by gone evils.

I John Earle of Traquair,
His Majesties Commissioner
this present Assembly, doe in His Majesties Name declare,
that nothwithstanding of His Majesties own inclination,
and many other grave and weightie consideration
yet such is His Majesties incomparable goodnesse, that for
settling the present distractions, and giving full satisfaction
to the Subject, He doth allow, like as I His Majesties
Commissioner do consent to the foresaid Act, and have subscribed
the premisses.

Like as His Majesties Commissioner, read
and gave in the Declaration following:

It is alwayes hereby declared by me His Majesties Commissioner,
That the practise of the premisses, prohibited
within this Kirk and Kingdome, outwith the Kingdome of
Scotland shall never bind nor
inferre censure against the practises
outwith the Kingdome; which when the Commissioner
required to be insert in the Register of the Kirk, and
the Moderator in name of the Assembly, refused to give
warrant for such practise, as not agreeable with a good conscience
His Grace urged, that it should be recorded, at least
that he made such a Declaration, whatsoever was the Assemblies
Judgement in the contrair: And so it is to be understood
to be insert here onely recitative.

Act ordaining the subscription of the Confession
of Faith and Covenant, with the
Assemblies Declaration.

The Generall Assembly considering the great happiness
which may flow from a full and perfect Union of this
[pg 087]
Kirk and Kingdome, by joyning of all in one and the same
Covenant with God, with the Kings Majestie, and amongst
our selves, having by our great Oath declared the uprightnesse
and loyaltie of our intentions in all our proceedings, and
having withall supplicated His Majesties high Commissioner,
and the Lords of His Majesties honorable Privie Councell,
to injoyn by Act of Councell, all the Lieges in time coming
to subscribe the Confession of faith and Covenant, which
as a testimony of our fidelity to God and loyaltie to our King
we have subscribed; And seeing His Majesties high Commissioner,
and the Lords of His Majesties honorable Privie
Councell, have granted the desire of our Supplication, ordaining
by Civill authority, all His Majesties Lieges in time
comming, to subscribe the foresaid Covenant, that our Union
may be the more full and perfect, We by our Act and
Constitution Ecclesiasticall, do approove the foresaid Covenant,
in all the Heads and Clauses thereof and ordains of
new, under all Ecclesiasticall censure, that all the Masters
of Universities, Colledges, and Schooles, all Schollers at
the passing of their degrees, all persons suspect of Papistry, or
any other errour; and finally all the members of this Kirk &
Kingdome, subscribe the same with these words prefixed to
their subscription: The Article of this Covenant, which was at the
first subscription referred to the determination of the General Assembly,
being determined. And thereby the five Articles of
Perth, the government
of the Kirk by Bishops, the civill places and power of Kirkmen,
upon the reasons and grounds contained in the Acts of the Generall
Assembly declared to be unlawfull within this Kirk: we subscribe
according to the determination foresaid. And ordains the Covenant,
with this Declaration, to be insert in the Registers
of the Assemblies of this Kirk, Generall, Provinciall, and
Presbyteriall, ad perpetuam rei memoriam; and in all humility
supplicates His Majesties high Commissioner, and the
honourable Estates of Parliament, by their authority, to
ratifie and injoyne the same, under all civill paines, which
will tend to the glory of God, preservation of Religion, the
Kings Majesties honour, and perfect peace of this Kirk and
Kingdome.

Act anent Appellations.

The Assembly appointed that in all time hereafter, no
Appellations should be leaping over either Presbyterie
or Synod, but to ascend by degrees as from the Kirk Session
to the Presbytry, or from the Presbyterie to the Synod,
and from the Synod to the Generall Assembly, except it be
after the Synod be past, and immediatly before the Generall
Assembly, or in the time thereof, and renews all former
Acts made to this effect.

Act anent advising with Synods and Presbyteries
before determination in Novations.

The Generall Assembly desiring that the intended Reformation
being recovered, may be established, Ordains,
that no Novation which may disturbe the peace of the
Church, and make division, be suddenly proponed and
enacted: But so as the motion be first communicate to the
severall Synods, Presbyteries and Kirks, that the matter may
be approved by all at home, and Commissioners may come
well prepared, unanimously to conclude a solide deliberation
upon these points in the Generall Assembly.

Act anent Ministers Catechising, and
Family Exercises.

The Assembly considering that the long waited-for fruits
of the Gospel, so mercifully planted and preserved in
this Land, and Reformation of ourselves, and Families,
so solemnly vowed to God of late in our Covenant, cannot
take effect, except the knowledge and worship of God be
caried from the Pulpit to every family within each Parish,
[pg 089]
hath therefore appointed that every Minister, besides his
paines on the Lords day, shall have weekly catechising of
some part of the Paroch, and not altogether cast over the
examination of the people, till a litle before the Communion.
Also that in every Familie the worship of God be
erected, where it is not both Morning and Evening, and
that the Children & Servants be catechised at home, by the
Masters of the Families, whereof account shall be taken by
the Minister, and Elders assisting him in the visitation of
every Family: And lest they fail, that visitation of the severall
Kirks be seriously followed by every Presbyterie, for
this end among others. The execution and successe whereof,
being tried by the Synods, let it be represented to the
next Generall Assembly.

The Assemblies Supplication to the
KINGS MAJESTIE.

Most Gracious Souveraigne.

Wee Your Majesties most humble and loyall Subjects,
the Commissioners from all the parts of this your Majesties
ancient & native Kingdome, and members of the Nationall
Assembly, conveened at Edinburgh by your Majesties
speciall indiction, and honoured with the presence of Your
Majesties high Commissioner, have been waiting for a day
of rejoycing, and of solemne thanksgiving to be rendred to
God by this whole Kirk and Kingdome, for giving us a
King so just and religious, that it is not only lawfull for us
to be Christians under Your Majesties government, which
sometime hath been the greatest praise of great Princes, but
also that it hath pleased Your gracious Maj. to make known
that it is Your Royall will and pleasure, that all matters Ecclesiasticall
be determined in free Nationall Assemblies, and
matters civill in Parliaments; which is a most noble and
ample expression of Your Majesties justice, and we trust
[pg 090]
shall be a powerful mean of our common happinesse under
your Majesties most blessed Reign. In the mean while we
do most humbly, upon the knees of our hearts, blesse your
Majesty for that happinesse already begun in the late Assembly
at Edinburgh; in the proceedings whereof, next under
God, we have laboured to approve our selves unto Your
Majesties Vice-gerent, as if Your Majesties eyes had been
upon us, which was the desire of our souls, and would have
beene the matter of our full rejoycing, and doe still continue
Your Majesties most humble supplicants for Your Majesties
civill sanction and ratification of the constitutions of the
Assembly in Parliament; That your Majesties Princely
power, and the Ecclesiasticall Authority joyning in one,
the mutuall embracements of religion and justice, of truth
and peace may be seen in this Land, which shall be to us as
a resurrection from the dead, and shall make us, being not
only so farre recovered, but also revived, to fill Heaven and
Earth with our praises, and to pray that King CHARLES
may be more and more blessed, and His throne established
before the Lord for ever.

The Assembly appoints the next Generall Assembly, to sit at
Aberdene the last Tuesday of July next,
1640. years. And
warneth all Presbyteries, Universities and Burrows, to send their
Commissioners, for keeping the same. And thereafter the Assembly
was concluded by giving of thanks by the Moderator, and singing
of a Psalme, according to the custome.

Overtures given in by the Committee appointed
by the last Assembly, anent the ordering of the Assembly-house:
Which being read in audience of the Assembly
they approved the same.

I. The Assembly finds it expedient for the ordering of
the House in all time coming, that the Commissioners
sit together unmixt, and that the places where they sit be
railed about, or some other way divided from the seats of
others, and that places be provided without the bounds of
the Commissioners seats to persons of respect, who are not
[pg 092]
Commissioners, and others according to their qualities, as
the Magistrates of the Town shall find most convenient.

II. Also that the Commissioners, having received tickets
from the Magistrates of the Burgh, at the delivery of their
Commissions, whereby they may have ready accesse to the
Assemblie-House and place appointed for them, do keep
the hour of meeting precisely, and whosoever comes after
the time, or shall be found absent at the calling of the Rols,
to be censured as the Assemblie sees fitting: And whatsoever
Presbyterie, Burgh, or Universitie, shall not send
Commissioners, or Commissioners sent from them doe not
come at all to the Assembly, be summond unto the next
Assembly, and censured as the Assembly shall find reasonable.

III. That foure persons of respect have warrant from the
Assembly to injoyne that there be no standing, no din, nor
disorderly behaviour; And if any shall disobey them, or direct
his speech to any, except to the Moderator, and that
one at once with leave at first asked and given, to be rebuked
publikely by the Moderator: And if he desist not be removed
out of the Assembly for that Session.

IV. That no motion come in unto the Assembly but by
the Committee appointed for matters of that nature: And
if the Committee refused to answer the same, let it be proponed
to the Assembly with the reasons thereof.

V. That the minutes of ilk Session be read before their rising,
and if the matter concerne the whole Kirk, let it be
drawn up in forme and read in the beginning of the next ensuing
Session, that the Assembly may judge whether or not
it bee according to their minde.

Act anent the demolishing of Idolatrous
Monuments.

Forasmuch as the Assembly is informed, that in divers
places of this Kingdome, and specially in the North
parts of the same, many Idolatrous Monuments, erected
[pg 093]
and made for Religious worship, are yet extant, Such as
Crucifixes, Images of Christ, Mary, and Saints departed,
ordaines the saids Monuments to be taken down,
demolished, and destroyed, and that with all convenient
diligence: And that the care of this work shall be incumbent
to the Presbyteries and Provinciall Assemblies within
this Kingdome, and their Commissioners to report their
diligence herein to the next Generall Assembly.

Act against Witches and Charmers.

The Assembly ordaines all Ministers within the Kingdome,
carefully to take notice of Charmers, Witches, and
all such abusers of the people, and to urge the Acts of Parliament,
to be execute against them: And that the Commissioners
from the Assembly to the Parliament, shall recommend
to the said supreme judicatory, the care of the
execution of the Lawes against such persons in the most behoovefull way.

Act for censuring speakers against the
Covenant.

The Assembly ordaines, that such as have subscribed the
Covenant and speakes against the same, if he be a Minister,
shall be deprived: And if he continue so, being deprived,
shall be excommunicate: And if he be any other
man, shall be dealt with as perjured, and satisfie publikely
for his perjury.

Act against Expectants refusing to subscribe
the Covenant.

The Assembly ordaines, that if any Expectant shall refuse
to subscribe the Covenant, he shall be declared uncapable
of a Pedagogie, teaching of a School, reading at a Kirk, Preaching
within a Presbyterie, and shall not have libertie of
residing within a Burgh, Universitie or Colledge: And if
they continue obstinate, to be processed.

The Generall Assembly appoints the next Assembly, to be in St.
Andrews the third Tuesday of July 1641. And
that the Moderator in a convenient way, by the secret Councell—or otherwise as
may best serve, request the Kings Majestie to send his Commissioner to the said
Assembly. And if any exigent fall out, that the Presbyterie of Edinburgh
give advertisement for an Assembly pro re nata.