The Acts

Of The

General Assemblies

Of The

Church of Scotland

From The Year 1638 to the Year 1649.

Inclusive.

Printed in the Year 1682.

To which are now added

The Index of the Unprinted Acts of these Assemblies;

and the Acts of the General Assembly 1690.

Printed in the year 1691.

Contents

[pg i]

To The Reader.

[Transcriber's Note: This 17th-century book was printed in the typographical conventions and spelling of that time; for instance, the printed book used the long f-shaped glyph for the letter s, it included old spellings such as Kingdome, civill, and publick, and old words such as hes, samine, and welas, and numbers generally are ended with a period. In this transcription, archaic printing is replaced with modern characters, so the letter s appears as s, with the effect that what in the original book would look like Minifters is here transcribed Ministers, but archaic spelling, capitalization, punctuation, and usage are transcribed as they appeared in the printed book.]

It were long, neither do we now intend, to represent, what in the beginning, by the Mercies of our God and Ministry of his faithful Servants, was the reformation of this Kirk: what purity of Doctrine and Worship, what Order, what Authority, and what Unity continued for many years, by the Prayers and Labours of Ministers and Professors, what Novations and Corruptions have been introduced upon us of late, in the time of our Division and Detection, by such as have ever been enemies to the Cross of Christ, and who have minded earthly things: How manifold and how comfortable experience we have at this time of the care and compassions of our Lord and Saviour preventing the utter ruine of Religion, and the horrible vastation of this Kirk, by looking upon the afflictions of his people, by hearing their groans, mocked by the World: And by moving the Heart [pg ii] of our gracious and dread Soveraign the Kings Majesty to conveen a free national Assembly for redressing the wrongs done to Religion, and what undeniable testimonies, and notable manifestations of the divine presence and assistance of Christ, have accompanied this meeting and whole work. Who so is wise and observeth these things will see the loving kindness of the Lord.

For the present it seemed necessary that such of the Acts and Constitutions of the Assembly as are of most general concernment should be published in print; the correct writing of so many Copies as were called for, not being possible to be exped in due time, and the Kirk having resolved upon this course in former times, which, had it been keeped, our defection through the almost invincible ignorance of the proceedings of the Kirk, had not proven so dangerous and deplorable.

In these Acts and Constitutions special regard was had to our National Confession of Faith, as it was at first and diverse times after professed and is now of late sworn and subscribed, that all mens minds, who delight not to cavil, might rest satisfied in the true meaning thereof, found out by the diligent search of the Ecclesiastick Registers. Our care was also rather at this time to revive and bring to light, former laudable Acts, than to make any new ones, reflecting as little as might [pg iii] be upon the reformation of other Kirks, and choosing to receive our directions from our own Reformation, approven by the ample testimony of so many Forreign Divines: according to the example of the venerable Assembly at Dort, where special caution was, that the 30. and 31. article of the Confession of the Belgick Kirks touching Ecclesiastick Order should not be examined by Strangers, there being a Difference touching that point amongst Reformed Kirks, So many as were present can bear witness that all the Members of the Assembly were many times called on, and required to propone their Doubts, and to give their Judgments of every Article, before it was Enacted, that every one might receive Satisfaction, and from the full perswasion of his mind might give his Voice: Wherin the Unanimity and Harmony was the more admirable, that many parting from their preconceived Opinions, which had possessed their Minds, did most willingly receive the Light, which did now unexpectedly appear from the Records of the Kirk.

That this Extract shall stop the Mouthes of the malicious, is more than we can promise, or should be expected, We know there be some Incendiaries who would with great joy and content of mind, seek their lost penny in the ashes of this poor Kirk [pg iv] and Kingdom: And we have already found, that our Laboures and the grounds whereupon we have proceeded, before they be seen, are misconstrued by so many as finds their hopes blasted, and are come short of their earthly projects: but our comfort is that we have walked in the truth of our hearts as in the sight of God, That the Adversaries of the Kirk have not transformed themselves into Angels of light, nor can say they are doing God service, but are seen in their colours, and do seek themselves, and that so many as have erred before, not knowing the order and constitutions of this Kirk, will as absent Children to their mother speaking plainly and powerfully of old and now after long silence opening her mouth again, and uttering her mind in a free Assembly, hear her voice, and with that reverence that beseemeth under the supreme Majesty of Christ, obey her directions, that being all of one mind, peace may be upon us, and upon the Kirk of God; and the God of peace, and love may be with us. 1639.

The General Assembly, At Glasgow.

Act Sess. 6. November 27. 1638.

The testimony of the Committy for tryall of the Registers, subscribed with their hands, being produced, with some reasons thereof in another paper, and publickly read; My Lord Commissioner professed that it had resolved him of sundry doubts, but desired a time to be more fully resolved.

The Moderatour desired that if any of the Assembly had any thing to say against the said testimonie for the books, that they would declare it, and finding none to oppon, yet be appointed the day following, to any to object any thing they could say; and if then none could object the Assembly would hold the Registers as sufficient approven.

Act. Sess 7. November 28.

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.

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.

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.

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.

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.

Act. Sess. 12. December fourth.

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.

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.

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.

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.

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.

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.

Act. Sess. 13. December 5. 1638.

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.

Act. Sess. 14. December 6. 1638.

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.

Act of the Assembly at Glasgow, Sess. 16. December 8. 1638.

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.

For so much as the office of a Bishop, as it is now used and commonly taken withen this Realme, hath no sure warrand authoritie, nor good ground in the Scriptures, but is brought in by the foly and corruption of mans inventions, to the great overthrow of the Kirk of God, the whole Assembly of the Kirk in one voice after libertie given to all men to reason in the matter, none opponing himself in defending the said pretended office, findeth and declareth the said pretended office, used and termed, as is above said, unlawfull in the selfe, as having neither foundament, ground, nor warrand in the word of God, and ordaineth that all such persons, [pg 030] as brook or shall brook hereafter the said office, shall be charged simply to dimit, quite, and leave off the same, as an office whereunto they are not called of God: and suchlike, to desist and cease from all preaching, ministration of the Sacraments, or using any way the office of pastours, while they receive de novo, admission from the generall Assembly, under the pain of excommunication to be used against them, wherein if they be found disobedient, or contradict this act in any point, the sentence of excommunication, after due admonition, to be execute against them.

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.

Anent the Act made in the Assembly holden at Dundie against Bishops, because some difficultie appeareth to some brethren to arise out of the word (office) contained in the said act, what should be meaned thereby, The Assembly consisting for the most part of such as voted, and were present in the Assembly at Dundie, to take away the said difficultie, resolving upon the true meaning and understanding of the said act, declare that they meaned wholly to condemne the whole estate of Bishops, as they are now in Scotland, and that the same was the determination and conclusion of the Assembly at this time, because some brethren doubted, whether the former act was to be understood of the spiritual function only, and others alledged, that the whole office of a Bishop as it was used, was damnable, and that by the said act, the Bishops should be charged to dimit the same: This Assembly declareth that they meaned wholly to condemne the whole estate of Bishops, as they were then in Scotland, and that this was the meaning of the Assembly, at that time.

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.

For as much as travels have been taken in the framing of the Policie of the Kirk, and diverse suits have been made to the Magistrat for approbation thereof, which yet have not taken the happie effect, which good men would wish, yet that the posteritie may judge well of the present age; and of the meaning of the Kirk; The Assembly hath concluded, that the book of Policie agreed to in diverse Assemblies before, should be registrat in the acts of the Kirk, and remaine therein ad perpetuam rei memoriam: and the coppies thereof to be taken to every Presbyterie: of which book the tennour followeth, &c.

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.

Anent the confession of Faith lately set forth by the Kings Majestie, and subscribed by his highnesse. The Assembly in one voice, acknowledgeth the said Confession to be a true, Christian, and faithful confession, to be eagreed unto by such as truly professe Christ, and have a care of Religion, and the tennour thereof to be followed out efoldly as the samine is laid out in the said Proclamation, wherein that Discipline is sworn to.

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.

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.

For so much as the neighbour Kirk in England, is understood to bee heavily troubled, for maintaining of the true Discipline and government: whose grieves ought to move us. Therefore the Presbytery of Edinburgh was ordained to comfort the said Kirk in the said matter.

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.

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.

Censura propositionum quarundam ex Hibernia delatarum per sacram Facultatem Theologiæ Parisiensis facta.

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.

Act. Sess. 17. December 10. 1638.

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.

Act. Sess. 21. December 17. 1638.

Concerning Kirk Sessions, provinciall and nationall Assemblies, the generall Assembly considering the great defection of this Kirk, and decay of Religion, by the usurpation of the Prelates, and their suppressing of ordinaire judicatories of the Kirk, and clearly preceiving the benefit which will redound to the Religion by the restitution of the said judicatories, remembring also that they stand obliged by their solemne oath, and covenant with God, to return to the doctrine and discipline of this Kirk; as it was profest 1580, 1581, 1590, 1591. which in the book of Policie, registrat in the books of the Assembly 1581. and ordained to be subscribed, 1590, 1591. is particularly exprest both touching the constitution of the Assemblies, of their members, Ministers, and Elders, and touching the number, power, and authority of these members, in all matters ecclesiastical.

The Assembly findeth it necessar to restore, and by these presents restoreth all these Assemblies unto their full integritie in their members, priviledges, liberties, powers, and jurisdictions; as they were constitute by the foresaid book of Policie.

Act. Sess. 23, 24. December 17. 18.

Anent the report of the Committie, appointed for considering what constitutions were to be revived, or made of new, they proponed the overtures following: which were read and allowed by the whole Assembly, or by them referred to the consideration of the severall Presbyteries.

Anent Presbyteries which have been erected since the year 1586. It seemeth needfull, that they bee ratified by an act of this generall Assembly, and that other Presbyteries shall be erected, where they shall be found needfull, and especially now in the Synod of Lismore, according to the particular note given there anent.

The Assembly ratifieth these Presbyteries since 1486. and erected those in Lismore, conforme to the note registrat in the books of Assembly.

Anent the keeping of Presbyteriall meetings; It is thought fit that they be weekly, both in Sommer and Winter, except in places farre distant, who during the winter season, (that is between the first of October and the first of April) shall be dispensed with for meeting once in the fourteen dayes, and that all absents be censured, especially those who should exercise and adde, according to the Act of Assembly 1582. at St. Andrews, April 24. Sess. 12. and that some controverted head of doctrine bee handled in the presbyterie publikly, and disputed among the brethren, every first Presbyterie of the Moneth, according to the act of Assembly holden at Dundie 1598. Sess. 12.

The Assembly alloweth this Article.

Anent the visitation of particular Kirks within Presbyteries; It is thought expedient that it be once every year, wherein a care is to be had, among other things necessary, that it bee [pg 043] tryed, how domestick exercises of Religion be exercised in particular families, and to see what means there is in every Parish in Landward, for catechising and instructing the youth.

The Assembly alloweth this article.

IV. Anent the visitation of Kirks, Schooles, and Colledges: It is thought meet that the acts of Assembly holden at Edinburgh the 25. of Junie 1565. Sess. 2. be put in execution: that the Ministers of the parochin, the Principall, Regents, and professours within Colledges, and Masters, and Doctors of Schooles, be tryed concerning the soundnesse of their judgement in matters of Religion, their abilitie, for discharge of their calling, and the honesty of their conversation: as the act of Assembly at Edinburgh, Juni 21. 1567. Sess. 3. And the act of the Assembly holden at Montrose. 1595. Sess. 9. do import: and this visitation of Colledges to be by way of commission from the generall Assembly.

The generall Assembly alloweth this article.

V. Anent none residents: It is thought necessary, that every Minister be oblished to reside in his own Parochin at his ordinarie Manse, for the better attending of the duties of his calling, conforme to the Acts of Assemblies, viz. act of Assembly at Edinburgh, March 24. 1595. Sess. 7. as also act at Edinburgh, December 25. 1563. Sess. 5. and Assembly at Edinburgh, December 25. 1565. Sess. 4. Assembly at Edinburgh, March 6. 1572. Sess. 3.

The Assembly alloweth this article.

VI. Anent the planting of Schools in Landward, the want whereof doth greatly prejudge the grouth of the Gospel and procure the decay of Religion: The Assembly giveth direction to several Presbyteries for the setling of Schooles in every Landward Parochin, and providing of men able for the charge of teaching of the youth, publick reading and precenting of the Psalme, and the catechising of the common people, and that means be provided for their intertainment, in the most convenient manner that may be had, according to the abilitie of the Parochin.

The Assembly alloweth; and referreth the particular course unto the severall Presbyteries.

VII. Anent the late admission of Ministers by Presbyteries, and the choise of Moderatours, according to the ancient power of the said Presbyteries: The Assembly declareth they had power to doe the same, and ratifieth that what hath been done of late of that kinde upon warrantable grounds, that here after it be not called in question.

The Assembly alloweth this article.

VIII. Anent the competencie of Presbyteries and parochins, that some proportion may be keeped, both anent the number and distance of place: It would seem expedient that this generall Assembly should appoint a Commission for every Shyre, where there is such necessitie, that the particular Parochins and Presbyteries within the bounds be duely considered, and overtures be these of the same commission given in to the provinciall Synods, and by them to the generall Assembly, that there they may be advised, and ratified.

The Assembly referreth this to the care of the particular presbyteries.

IX. Anent the entrie and conversation of Ministers: It is expedient that the act of Assembly holden at Edinburgh, March 24. 1595. Sess. 7. be ratified, and put in execution in every Presbyterie, and to that end, that they get a coppie thereof, under the Clerks hand whereof the tennour followeth.

Act Sess. 7. March 26. of the Assembly at Edinburgh 1596.

“Concerning the defections in the ministerie, the same being at length read out, reasoned, and considered; The brethren concluded the same, agreeing there-with: and in respect that by Gods grace, they intend reformation, and to see the Kirk and ministery purged; to the effect the worke may have better successe, they think it necessar that this Assembly be humbled, for wanting such care as became in such points, as is set down; and [pg 045] some zealous and godly brethren in doctrine, lay them out for their better humiliation; and that they make solemne promise before the Majestie of God; and make new covenant with him for a more carefull and reverent discharge of their ministerie. To the which effect was chosen Mr. John Davidson; and Twesday next at nine houres in the morning appointed, in the new Kirk, for that effect: whereunto none is to resort, but the ministrie: the forme to bee advised the morne in privie conference.”

The tennour of the advise of the brethren; depute for penning the enormities and corruptions in the ministerie, and remead thereof, allowed by the generall Assembly here conveened. 1596.

Corruptions in the office.

“For as much as by the too sudden admission and light tryall of persons to the ministrie, cometh to passe that many scandals fall out in the persons of ministers: it would be ordained in time comming, that more diligent inquisition and triall be used of all such persons as shall enter into the ministrie.

“As specially these points. That the intrant shall be posed upon his conscience, before the great God, (and that in most grave manner) what moveth him to accept the office and charge of the ministrie upon him.

“That it be inquired, if any by solistation, or moyen, directly or indirectly, prease to enter in the said office: And, if it bee found, that the solister be repelled; and that the Presbyterie repell all such of their number from voting in the election or admission as shall bee found moyeners for the soliciter, and posed upon their conscience to declare the truth to that effect.

“Thirdly, because by presentations, many forcibly are thrust into the ministery, and upon Congregations, that utter thereafter that they were not called by God: It would bee provided that none seeke presentations to Benefices without advice of the Presbyterie within the bounds whereof the benefice is, and if any doe in the contrarie, they to be repelled as rei ambitus.

“That the triall of persons to be admitted to the ministrie hereafter, consist not only in their learning and abilitie to preach, but also in conscience, and feeling, and spiritual wisedome, and namely in the knowledge of the bounds of their calling in doctrine, [pg 046] discipline, and wisedome, to behave himselfe accordingly with the diverse ranks of persons within his flock, as namely with Atheists, rebellious, weak consciences, and such other, wherein the pastoral charge is most suited, and that he be meet to stop the mouthes of the adversaries; and such as are not qualified in these points to be delayed to further tryal; and while they be found qualified. And because men may be found meet for some places who are not meet for other, it would be considered, that the principall places of the Realme be provided by men of most worthie gifts, wisedome and experience, and that none take the charge of greater number of people nor they are able to discharge: And the Assembly to take order herewith, and the act of the provinciall of Louthain, made at Linlithgow, to be urged.

“That such as shall bee found not given to their book and studie of Scriptures, not Carefull to have books, not given to sancification and prayer, that studie not to bee powerful and spiritual, not applying the doctrine to corruptions, which is the pastorall gift, obscure and too scholastick before the people, cold, and wanting of spiritual zeal, negligent in visiting of the sick, and caring for the poore; or indifferent in chosing of parts of the word not meetest for the flock, flatterers and dissembling at publick sins, and specially of great personages in their congregations, for flattery, or for fear, that all such persons bee censured, according to the degree of their faults, and continuing therein, bee deprived.

“That such as be slothfull in the ministration of the Sacraments and irreverent, as prophaners receiving the cleane and uncleane, ignorants and senselesse prophane, and making no conscience of their profession in their calling and families, omitting due tryall or using none, or light tryall, having respect in their tryall to persons, wherein there is manifest corruption; that all such bee sharply rebuked, and if they continue therein, that they be deposed.

“And if any be found a seller of the Sacraments, that hee bee deposed simpliciter: and such as collude with slanderous persons in dispensing and over-seeing them for money, incurre the like punishment. That every Minister be charged to have a Session established of the meettest men in his Congregation, and that Discipline strike not only upon grosse sins, as whoredome, blood-shed, &c. but upon sins repugnant to the word of God, [pg 047] as blasphemie of God, banning, profaning of the Sabbath, disobedient to parents, idle, unruly ones without calling, drunkards, and such like deboshed men, as make not conscience of their life and ruling of their families, and specially of education of their children, lying, slandering, and backbiting and breaking of promises: and this to be an universal order throughout the Realme, &c. and such like as are negligent herein, and continue therein after admonition, be deposed.

“That none falling in publick slanders, be received in the fellowship of the Kirk, except his Minister have some appearance and warrand in conscience, that hee hath both a feeling of sin, and apprehension of mercie, and for this effect, that the Minister travell with him, by doctrine, and private instruction to bring him here-to, and specially in the doctrine of repentance, which being neglected, the publick place of repentance is turned in a mocking.

“Dilapidation of benefices, dimitting of them for favour, or money, that they become laick patronages, without advise of the Kirk, and such like interchanging of benefices, by transaction and transporting of themselves by that occasion, without the knowledge of the Kirk, precisely to be punished: Such like, that setting of acts without the consent of the Assembly, be punished according to the acts: and that the dimitters in favours for money, or otherwise to the effect above-writen: bee punished as the dilapidators.”

Corruptions in their persons and lives.

“That such as are light and wanton in their behaviour, as in gorgeous and light apparell; in speech, in using light and prophane companie, unlawfull gaming, as dancing, carding, dycing and such like; not beseeming the gravitie of a Pastour, bee sharply and gravely reproved by the Presbyterie, according to the degree thereof: and continuing therein after due admonition, that hee bee depryved, as slanderous to the Gospel.

“That Ministers being found swearers, or banners, prophaners; of the Sabbath, drunkards, fighters, guiltie of all these or any of them, be deposed simpliciter; and suchlike, lyars, detracters, flatterers, breakers of promise, brawlers, and quarrellers, after admonition continuing therein, incurre the same punishment.

“That Ministers given to unlawful and incompetent trades and occupations for filthie gain, as holding of ostleries, taking of ocker beside conscience and good lawes, and bearing worldly offices in noblemen and gentlements houses, marchandise, and such like, buying of victuals, and keeping to the dearth, and all such worldly occupations, as may distract them from their charge, and may be slanderous to the pastorall calling, be admonished and brought to the acknowledging of their sins, and if they continue therein, to be deposed.

“That Ministers not resident at their flocks, be deposed according to the acts of the generall Assembly, and laws of the Realme: otherwise the burthren to be laid on the Presbyteries, and they to be censured therefore.

“That the Assembly command all their members, that none of them await on the court and afairs thereof without the advice and allowance of their Presbyterie. Item, that they intend no action civill without the said advice; except in small maters: and for remeding of the necessitie, that some Ministers hath to enter in plea of law, that remedie bee craved, that short processe bee devised, to bee used in Ministers actions.

“That Ministers take speciall care in using godly excercises in their families, in teaching of their wives, children, and servants, in using ordinarie prayers and reading of Scriptures, in removing of offensive persons out of their families, and such like other points of godly conversation, and good example, & that they at the visitation of their Kirks, try the Ministers families in these points foresaid, and such as are found negligent in these points, foresaid after due admonition, shall be adjudged unmeet to govern the house of God, according to the rule of the Apostle.

“That Ministers in all companies strive to bee spirituall and profitable, and to talke of things pertaining to godlinesse, as namely of such as may strengthen us in Christ, instruct us in our calling, of the means how to have Christs Kingdome better established in our Congregations, and to know how the Gospel flourisheth in our flocks, and such like others the hinderances, and the remeeds that we finde, &c. wherein there is manifold corruptions, both in our companying with our selves, and with others: and that the contraveeners thereof be tryed, and sharply be rebuked.

“That no Minister be found to contenance, procure, or assist a publick offender challenged by his own Ministers, for his publick offence, or to bear with him, as though his Minister, were too severe upon him, under pain of admonition and rebuking.”

Anent generall Assemblies.

“To urge the keeping of the Acts anent the keeping of the Assembly, that it may have the own reverence and majestie—”

The Assembly having heard the whole act read, most unanimously alloweth and approveth this article.

X. Anent the defraying of the expenses of the Commissioners to the generall Assembly, referreth and recommendeth the same unto the particular Presbyterie, and especially to the ruling Elders therein, that they may take such courses whereby, according to reason and former acts of Assemblies, the Commissioners expenses to this Assembly, and to the subsequent, may be born by the particular parochins of every Presbyterie, who sendeth them in their name, and to their behalf, and for that effect, that all sort of persons able in land or moneys proportionally, may bear a part of the burthen, as they reap the benefit of their paines.

The Assembly referreth this unto the care of the particular Presbyteries.

XI. Anent the repressing of poperie and superstition; It seemeth expedient that the number and names of all the Papists in this Kingdome be taken up at this Assembly, if it may be conveniently done, and if not, that it be remitted to the next provincial Assemblies, that it may appear what grouth poperie hath had, and now hath through this Kingdome, what popish priests, and Jesuit there be in the land; and that all persons of whatsoever state and condition, be obliged to swear and subscribe the confession of Faith, as it is now condescended upon by this general Assembly, that they frequent the word and Sacraments in the ordinar dyets and places, otherwise to proceed against them with the censures of the Kirk, and that children be not sent out of the countrey without [pg 050] license of the Presbyteries or provinciall Synods of the bounds where they dwell.

The Assembly referreth this article to the severall Presbyteries.

XII. Anent order to be taken that the Lords Supper be more frequently administrat both in burgh and landward, then it hath been in the year by gone: It were expedient that the act at Edinburgh December 25. 1562. Sess. 5. bee renewed, and some course bee taken for furnishing of the elements, where the Minister of the Parish hath allowance only for once in the year.

The Assembly referreth this to the consideration of Presbyteries, and declareth that the charges be rather payed out of that dayes collection, then that the Congregation want the more frequent use of the sacrament.

XIII. Anent the entrie of Ministers to the ministrie: The Assembly thinks expedient that the act holden at St. Andrews, April 24. 1582. Sess. 7. Touching the age of twenty five years be renewed, and none to be admitted before that time, except such as for rare and singular qualities shall be judged by the general or provincial Assembly to be meet and worthie thereof.

The Assembly approveth this article.

XIV. Anent mercats on Monday and Saturday within Burghs, causing intollerable profanation of the Lords Day, by carying of loads, bearing of Burthens; and other work of that kinde: It were expedient for the redresse thereof, that the care for restraining of this abuse be recommended by the Assembly unto the severall Burghs, and they to bee earnestly entreated to finde out some way for the repressing of this evill, and changing of the day; and to report their diligence there anent to the next generall Assembly.

The Assembly referreth this article to the consideration of the Burrows.

XV. Anent the profanation of the Sabbath day in Landward, especially for want of divine service in the afternoone: The Assembly ordaineth the act of Assembly holden at Dundie, [pg 051] July 12. 1580. Sess. 10. for keeping both dyets, to be put in execution.

The Assembly alloweth this article.

XVI. Anent frequenting with excommunicat persons: The Assembly ordaineth that the act at Edinburgh, March 5. 1569. Sess. 10. to wit, That these who will not forbear the companie of excommunicat persons after due admonition, be excommunicat themselves, except they forbear, to be put in execution.

The Assembly alloweth this article.

XVII. Whereas the confession of the Faith of this Kirk, concerning both Doctrine and Discipline, so often called in question by the corrupt judgement and tyrannous authoritie of the pretended Prelats, is now clearly explained, and by this whole Kirk represented by this generall Assembly concluded, ordained also to bee subscribed by all sorts of persons within the said Kirk and Kingdome: The Assembly constitutes, and ordaines, that from henceforth no sort of person, of whatsoever quality and degree, be permitted to speak, or write against the said Confession, this Assembly, or any act of this Assembly, and that under the paine of incurring the censures of this Kirk.

The Assembly alloweth this Article.

XVIII. Anent voicing in Kirk Sessions: It is thought expedient that no Minister moderating his Session, shall usurpe a negative voice over the members of his Session, and where there is two or moe Ministers in one Congregation, that they have equall power in voicing, that one of them hinder not the reasoning or voicing of any thing, whereunto the other Minister or Ministers, with a great part of the Session inclineth, being agreeable to the acts and practise of the Kirk, and that one of the Ministers without advice of his colleague appoint not dyets of Communion nor examination, neither hinder his colleague from catechising and using other religious exercises as oft as he pleaseth.

The Assembly referreth this article to the care of the Presbyteries.

XX. Since the office of Diocesane, or lordly Bishop, is utterly abjured, and removed out of this Kirk: It is [pg 052] thought fit that all titles of dignitie, favouring more of poperie than of Christian libertie, as Chapters with their elections and consecrations, Abbots, Priors, Deans, Arch-deacons, Preaching-deacons, Chanters, Subchanters, and others having the like title, flowing from the Pope and canon law only, as testifieth the second book of Discipline, bee also banished out of this reformed Kirk, and not to bee usurped or used hereafter under ecclesiastical censure.

The Assembly alloweth this Article.

XX. Anent the presenting either of Pastours or Readers and School-masters, to particular Congregations, that there be a respect had to the Congregation, & that no person be intruded in any office of the Kirke, contrare to the will of the congregation to which they are appointed.

The Assembly alloweth this article.

XXI. Anent Mariage without proclamation of bans, which being in use these years by-gone hath produced many dangerous effects: The Assembly would discharge the same, conforme to the former acts, except the Presbyterie in some necessarie exigents dispense therewith.

The Assembly alloweth this article.

XXII. Anent the buriall in Kirks, the Assembly would be pleased to consider anent the act of Assembly at Edinburgh 1588. Sess. 5. if it shall be put in execution, and to discharge funeral sermons, as favouring of superstition.

The Assembly referreth the former part of this article anent buriall in Kirks to the care of Presbyteries, and dischargeth all funerall sermons.

XXIII. Anent the tryall of Expectants before their entrie to the ministrie, it being notour that they have subscribed the confession of Faith now declared in this Assembly, and that they have exercised often privatly, and publickly, with approbation of the Presbyterie, they shall first adde and make the exercise publickly, and make a discourse of some common head in Latine, and give propositions thereupon for dispute, and thereafter be questioned by the Presbyterie upon questions of controversie, and chronologie, anent particular texts of Scripture how they may be interpreted [pg 053] according to the analogie of Faith, and reconciled, and that they be examined upon their skill of the Greek & Hebrew, that they bring a testificat of their life and conversation from either Colledge or Presbyterie, where they reside.

The Assembly alloweth this article.

XXIV. The Assembly having considered the order of the provincial Assembly, given in by the most ancient of the Ministrie within every Province, as the ancient plate-forme thereof, ordained the same to be observed, conforme to the roll, registrat in the books of Assembly, whereof the tennour followeth.

The order of the Provincial Assemblies in Scotland, according to the Presbyteries therein contained.

1. The Provincial Assembly of Mers and Tividail.

The Presbyteries of
Dunce.
Chirnside.
Kelso.
Ersliltoun.
Fedburgh.
Melros.

The bounds.
Mers.
Tividail.
The Forrest.
Lauderdail.

To meet the first time at Fedburgh, the third Twesday of April.

2. The Provincial of Louthian.

The Presbyteries of
Dumbar.
Hadingtoun.
Dalkeeth.
Edinburgh.
Peebles.
Linlithgow.

The bounds.
east Louthian.
w. Louthian.
Tweeddail.

To meet the first time at Edinburgh the third Twesday of April.

3. The Provincial of Perth.

The Presbyteries of
Perth.
Dunkel.
Aughterardor.
Striviling.
Dumblane.

The bounds.
The Shyresdome of Perth and of Striviling Shire.

To meet the first time at Perth, the second Twesday of April.

4. The Province of Drumfrees.

The Presbyteries of
Dumfrees.
Penpont.
Lochmabane.
Middilbee.

The bounds.
Niddisdaill.
Annandaill.
Ewsdaill.
Eskdail.
Wachopdaill.
& a part of Galloway.

To meet the first time at Drumfrees, the second Twesday of April.

5. The Provincial of Galloway.

The Presbyteries of
Wightoun.
Kirkubright.
Stanraver.

The bounds.
The Shyresdome of Wigtoun, and Stemartie of Kirkubright.

To meet the first time at Wigtoun, third Twedsay of April.

The Provincial Synod of Aire or Irwing.

The Presbyteries of
Aire.
Irwing.

The bounds. The Shyresdome of Aire.

To meet with the Provincial Synod of Glasgow pro hac vice, the first Twesday of April.

6. The Provincial Synod of Glasgow.

The Presbyteries of
Pasley.
Dumbartane.
Glasgow.
Hammiltoun.
Lanerik.