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 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 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 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 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 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, 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 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 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 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 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 _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 __ 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, __ 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 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 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_.

(M1) _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 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 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 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 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 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, _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 __ 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 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 __ 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, __ 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, __ 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 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, __ 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 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 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._