All the Kirks of the North-west Isles, viz. _Sky_, _Lewes_, and the rest
of the Isles, which were lyable to the Diocie of the Isles, except the
South-west isles which are joyned to the Presbyteries of _Argyll_, To meet
the first time at _Skye_ the second Twesday of May.
-------------------------------------
That the Minister of the place where the Synodall Assembly meets shall
preach the first day of their meeting, and give timouse advertisement to
the rest of the Presbyteries.
It is remembred that of old the Synodall Assemblies that were nearest to
others, had correspondence among themselves, by sending one or two
Commissioners mutually from one to another, which course is thought fit to
bee keeped in time comming: viz. The Provincials of _Louthian_, and
_Mers_, &c. The Provincials of _Drumfreis_, _Galloway_, _Glasgow_, and
_Argyll_, The Provincials of _Perth_, _Fyfe_, and _Angus_, &c. The
Provincials of _Aberdein_ and _Murray_. The Provincials of _Rosse_,
_Caithnes_, and _Orknay_. The Commissioners for correspondence amongst the
Synodals to be a Minister and a ruling Elder.
The Assembly recommendeth to the severall Presbyteries the execution of
the old acts of Assemblies, against the break of the Sabbath-day, by the
going of Milles, Salt-pans, Salmond-fishing, or any such-like labour, and
to this end revives and renews the act of the Assembly, holden at
_Halyrudehouse_ 1602. Sess. 5 whereof the tennor followeth.
“_The Assemblie considering that the conventions of the people,
specially on the Sabbath-day, are verie rare in manie places, by
distraction of labour, not only in Harvest and Seed-time, but also
every Sabbath by fishing both of whyte fish and Salmond fishing,
and in going of Milles; Therefore the Assemblie, dischargeth and
inhibiteth, all such labour of fishing as-well whyte fish as
Salmond fish, and going of Miles of all sorts upon the
Sabbath-day, under the paine of incurring the censures of the
Kirk. And ordains the Commmissioners of this Assemblie to meane
the same to his Majestie, and to desire that a pecuniall paine may
be injoyned upon the contraveeners of this present act._”
Act Sess. 14. December 18. 1638.
The Assembly considering the great necessity of purging this land from
bygone corruptions, and of preserving her from the like in time coming,
ordaineth the Presbyteries to proceed with the censures of the Kirk, to
excommunication, against those Ministers who being deposed by this
Assembly acquiesces not to their sentences, but exercise some part of
their Ministerial function, refuseth themselves, and with-draw others from
the obedience of the acts of the Assembly.
Act. Sess. 25. December 19. 1638.
_Against the civil places and power of Kirk-men._
The generall Assembly, remembering that among other causes of the
application of the confession of Faith to the present time, which was
subscribed in _February_ 1638. The clause touching the civill places and
power of Kirk-men, was referred unto the tryal of this Assembly; entered
into a serious search thereof, especially of their sitting on the bench,
as Justices of peace, their sitting in Session and Councel, their riding
and voting in Parlament: and considering how this vote in Parliament, was
not at first sought nor requyred by this Kirk, or worthy men of the
Ministerie, but being obtruded upon them, was disallowed for such reasons
as could not well be answered (as appeareth by the conference, holden at
_Halyrude-house_ 1599. which with the reasons therein contained was read
in the face of the Assembly) & by plurality of voices nor being able to
resist that enforced favour, they foreseeing the dangerous consequences
thereof, in the Assembly at _Montrose_ did limitate the same by many
necessare cautions: Considering also the protestation made in the
Parliament 1606 by Commissioners from Presbyteries, and provincial
Assemblies, against this restitution of Bishops to vote in Parliament, and
against all civil offices in the persons of Pastors, separate unto the
Gospel, as incompatible with their spiritual function; with the manifold
reasons of that Protestation from the word of God, ancient Councels,
ancient and moderne Divines, from the Doctrine, discipline and Confession
of Faith of the Kirk of _Scotland_, which are extant in print, and were
read in the audience of the Assembly: Considering also from their own
experience the bad fruits and great evils, which have been the inseparable
consequents of these offices, and that power in the persons of Pastors
separate to the Gospel, to the great prejudice of the freedome and
libertie of the Kirk, the jurisdiction of her Assemblies, and the powerful
fruits of their spiritual Ministerie; The Assembly most unanimously in one
voice, with the hesitation of two allanerly, declared, that as on the one
part the Kirk and the Ministers thereof are oblidged to give their advise
and good counsel in matters concerning the Kirk or the Conscience of any
whatsomever, to his Majestie, to the Parliament, to the Councel, or to any
members thereof, for their resolutions from the word of God, So on the
other part, that it is both in-expedient, and unlawful in this Kirk, for
Pastors separate unto the Gospel to brook civil places, and offices, as to
be Justices of peace; sit and decerne in Councel, Session, or Exchecker;
to ride or vote in Parliament, to be Judges or Assessors in any Civil
Judicatorie: and therefore rescinds and annuls, all contrarie acts of
Assembly, namely of the Assembly holden at _Montrose_ 1600. which being
prest by authority, did rather for an _interim_ tolerat the same, and that
limitate by many cautions; for the breach whereof the Prelats have been
justly censured, then in freedome of judgement allow thereof, and
ordaineth the Presbyteries to proceed with the Censures of the Kirk,
against such as shall transgresse herein in time coming.
Act Sess. 26. December 20. 1638.
The Assembly considering the great prejudice which Gods Kirk in this land,
hath sustained these years by-past, by the unwarranted printing of lybels,
pamphlets, and polemicks; to the disgrace of Religion, slander of the
Gospel, infecting and disquyeting the mindes of Gods people, and
disturbance of the peace of the Kirk, and remembring the former acts, and
custome of this Kirk, as of all other Kirks, made for restraining these
and the like abuses, and that nothing be printed concerning the Kirk, and
Religion, except it be allowed by these whom the Kirk intrusts with that
charge: The Assembly _unanimously_, by vertue of their ecclesiastical
authority, dischargeth and inhibiteth all printers within this Kingdome,
to print any act of the former Assemblies, any of the acts or proceedings
of this Assembly, any confession of Faith, any Protestations, any reasons
_pro_ or _contra_, anent the present divisions and contraversies of this
time, or any other treatise whatsoever which may concerne the Kirk of
Scotland, or Gods cause in hand, without warrand subscribed by Mr.
_Archbald Johnston_, as Clerk to the Assembly, and Advocate for the Kirk;
or to reprint without his warrand, any acts or treatises foresaids, which
he hath caused any other to print, under the paine of Ecclesiastical
censures to be execute against the transgressours by the several
Presbyteries, and in case of their refusal, by the several Commissioners
from this Assembly: Whereunto also we are confident, the honourable Judges
of this land will contribute their civill authority: and this to be
intimat publickly in pulpit, with the other generall acts of this
Assembly.
Act. Sess. 26. December 20. 1638.
The generall Assembly ordaineth all Presbyteries and Provinciall
Assemblies to conveen before them, such as are scandalous and malicious,
and will not acknowledge this Assembly, nor acquiesce unto the acts
thereof: And to censure them according to their malice and contempt, and
acts of this Kirk: and where Presbyteries are refractarie, granteth power
unto the severall Commissions to summond them to compear before the next
generall Assembly to be holden at _Edinburgh_, the third Wedinsday of
Julie, to abide their tryall and censure.
Act Sess. 26. December 20. 1638.
The Assembly considering the acts and practise of this Kirke in her purest
times, that the Commissioners of every Presbyterie, Burgh, and
Universitie, were both ordained to take, and really did take from the
Clerk; the whole generall acts of the Assembly, subscribed by the Clerk:
Whereby they might rule and conforme their judicatorie themselves, and all
persons within their jurisdictions, unto the obedience thereof:
Considering the great prejudices we have lately felt out of ignorance of
the acts of Assembly, Considering also the great necessity in this time of
reformation, beyond any other ordinarie time, to have an extract thereof:
The Assembly ordaineth be this present act, that all Commissioners from
Presbyteries, Burghes and Universities, presently get under the Clerks
hand an Index of the acts, till the acts themselves be extracted, and
thereafter to get the full extract of the whole generall acts, to be
insert in their Presbyterie books, whereby all their proceedings may be
regulate in time coming. Likeas the Assembly recommendeth unto every Kirk
Session, for the preservation of their particular Paroch from the reentrie
of the corruptions now discharged, and for their continuance in the
Covenant, anent doctrine, worship and discipline now declared, to obtain
an extract of these acts: especially if they be printed: Seeing their
pryce will no wayes then be considerable: as the benefite both of the
particular Parish, and the interest of the whole Kirk, in the preservation
thereof from defection is undenyable: seeing Presbyteries are composed of
sundry Parochins, and so must be affected, or infected as they are, as
Provinciall and generall Assemblies are composed of Presbyteries, and so
must be diposed as they are.
Act Sess. 26. December 20.
_In the Assembly at_ Glasgow 1638. _concerning the confession of Faith
renewed in Februar, 1638._
The Assembly considering that for the purging and preservation of
religion, for the Kings Majesties honour, and for the publick peace of the
Kirk and Kingdome, the renewing of that nationall Covenant and oath of
this Kirk and Kingdome, in Februar 1638. was most necessare, likeas the
Lord hath blessed the same from Heaven with a wonderfull successe for the
good of religion, that the said Covenant suspendeth the practise of
novations already introduced, and the approbation of the corruptions of
the present governement of the Kirk, with the civill places, and power of
Kirk-men, till they be tryed in a free general Assembly, and that now
after long and serious examination, it is found that by the confession of
Faith, the five articles of _Perth_, and Episcopall governement are
abjured and to be removed out of this Kirk, and the civill places and
power of Kirk-men are declared to be unlawfull; The Assembly alloweth and
approveth the same in all the heads and articles thereof, And ordaineth
that all Ministers, Masters of Universities, Colledges, and Schooles and
all others who have not already subscribed the said Confession and
Covenant, shall subscribe the same with these words prefixed to the
subscription viz., The article of this Covenant which was at the first
subscription referred to the determination of the general Assembly being
now determined at _Glasgow_, in December 1638. and thereby the five
articles of _Perth_, and the governement of the Kirk by Bishops, being
declared to be abjured and removed, the civill places and power of
Kirk-men declared to be unlawful; We subscrive according to the
determination, of the said free and lawfull generall Assembly holden at
_Glasgow_: and ordaineth, _ad perpetuam rei memoriam_, the said Covenant
with this declaration to be insert in the registers of the Assemblies of
this Kirk; generall, Provinciall and Presbyteriall.
Act Sess. 26. December 20. 1638.
_Concerning the subscribing the confession of Faith lately subscribed by
his Majesties Commissioner, and urged to be subscribed by others._
Seeing the generall Assembly, to whom belongeth properly the publick and
judiciall interpretation of the confession of Faith, hath now after
accurat tryall, and mature deliberation clearly found, that the five
articles of _Perth_, and the governement of the Kirk by Bishops, are
abjured by the confession of Faith, as the same was professed in the year
1580. and was renewed in this instant year 1638. And that the _Marques_ of
_Hammiltoun_ his Majesties Commissioner, hath caused print a Declaration,
bearing that his Majesties intention and his own, in causing subscribe the
confession of Faith, is no wayes to abjure, but to defend Episcopall
governement, and that by the oath and explanation set down in the act of
Councel, it neither was nor possibly could be abjured, requiring that none
take the said oath, or any other oath in any sense, which may not consist
with Episcopall governement: which is in-directly repugnant to the genuine
and true meaning of the foresaid Confession as it was professed in the
year 1580. as is clearly now found and declared by the generall Assembly:
Therefore the generall Assembly: Doth humbly supplicate, that his Majestie
may be graciously pleased, to acknowledge and approve the foresaid true
interpretation, and meaning of the generall Assembly, by his Royall
warrand to his Majesties Commissioner, Councel, and Subjects, to be put in
record for that effect, whereof we are confident, after his Majesty, hath
received true information from this Kirk, honoured with his Majesties
birth and baptisme, which will be a royal testimonie of his Majesties
piety and justice, and a powerfull meane to procure the heartie affection
and obedience of all his Majesties loyall Subjects: And in the meane time,
least any should fall under the danger of a contradictorie oath, and bring
the wrath of God upon themselves and the land, for the abuse of his Name
and Covenant; The Assembly by their Ecclesiastical authority, prohibiteth
and dischargeth, that no member or this Kirk swear or subscribe the said
Confession, so far wreasted to a contrary meaning, under paine of all
Ecclesiastical censure: but that they subscribe the confession of Faith,
renewed in Februar, with the Declaration of the Assembly set down in the
former act.
Act. Sess. 26. December 20. 1638.
_Concerning yearly generall Assemblies._
The Assembly having considered the reasons lately printed for holding of
general Assemblies, which are taken from the light of nature, the promise
of _Jesus Christ_, the practise of the holy Apostles, the doctrine and
custome of other reformed Kirks, and the liberty of this national Kirk, as
it is expressed in the book of Policie, and acknowledged in the act of
Parlament 1592, and from recent and present experience; comparing the
lamentable prejudices done to religion, through the former want of free
and lawful Assemblies, and the great benefite arysing to the Kirk, from
this one free and lawful Assembly; finde it necessary to declare, and
hereby declares, that by Divine, Ecclesiasticall, and Civill warrands,
this national Kirk hath power and liberty to Assemble and conveen in her
year-ly generall Assemblies, and oftner, _pro re nata_, as occasion and
necessity shall require. Appointeth the next Generall Assembly to sit at
_Edinburgh_ the third Weddinsday of Julie 1639. And warneth all
Presbyteries, Universities, and Burghes, to send their Commissioners for
keeping the same. Giving power also to the Presbytery of _Edinburgh_, _pro
re nata_: and upon any urgent extraordinarie necessity (if any shall
happen before the diet appointed in Julie) to give advertisement to all
the Presbyteries, Universities, and Burghes, to send their Commissioners
for holding an occasionall Assembly. And if in the meane time it shall
please the Kings Majestie to indict a generall Assembly, ordaineth all
Presbyteries; Universities, and Burghes, to send their Commissioners for
keeping the time and place which shall be appointed by his Majesties
Proclamation.
_Ordaining an humble supplication to be sent to the Kings Majestie._
The Assembly, from the sense of his Majesties pietie and justice,
manifested in the publick indiction of their solemne meeting, for the
purging and preservation of Religion, in so great an exigent of the
extreame danger of both, from their fears arising out of experience of the
craftie and malicious dealing of their adversaries in giving sinistrous
informations against the most religious and loyall designes and doings of
his Majesties good Subjects, and from their earnest desire to have his
Majestie truely informed of their intentions and proceedings, from
themselves: who know them best, (which they are confident, will be better
beleeved: and finde more credite with his Majestie, than any secret
surmisse or private suggestion to the contrarie) that they may gaine his
Majesties princely approbation and ratification in the ensuing Parliament
to their constitutions: Hath thought meet and ordaineth, that an humble
supplication be directed to his Majestie, testifying their most heartie
thankfulnesse for so Royal a favour, as at this time hath refreshed the
whole Kirk and Kingdome, stopping the way of calumnie, and humbly
supplicating for the approbation, and ratification foresaid: That truth
and peace may dwell together in this Land, to the increase of his
Majesties glory, and the comfort of quietness of his Majesties good
People: This the Assembly hath committed, according to the Articles
foresaid, to be subscribed by their Moderatour and Clerk, in their name.
_The tennour whereof followeth._
To The Kings Most Excellent Majestie:
_The humble Supplication of the general Assembly of the Kirk of_ Scotland,
_conveened at_ Glasgow, _November 21. 1638._
Most gracious Soveraigne,
We your Majesties most humble and loyal Subjects, The Commissioners from
all the parts of this your Majesties ancient and native Kingdome, and
members of the National Assembly, conveened at _Glasgow_, by your
Majesties special indiction, considering the great happinesse which
ariseth both to Kirk and Common-wealth, by the mutual embracements of
Religion and Justice, of truth and peace, when it pleaseth the Supreame
Providence so to dispose, that princely power and ecclesiastical
authoritie joyne in one, do with all thankfulnesse, of heart acknowledge,
with our mouthes doe confesse, and not only with our pennes, but with all
our power are readie to witnesse unto the world, to your Majesties never
dying glorie, how much the whole Kingdome is affected, and not only
refreshed, but revived, with the comfortable sense of your Majesties
pietie, justice, and goodnesse, in hearing our humble supplications, for a
full and free general Assembly: and remembring that for the present, a
more true and real testimonie of our unfained acknowledgement, could not
proceed from us your Majesties duetyful Subjects, then to walke worthie of
so royal a favour: It hath been our greatest care and serious endevour,
next unto the will of JESUS CHRIST, the great King of his Kirk redeemed by
his own bloud, in all our proceedings, joyned with our hearty prayers to
GOD, for a blessing from heaven upon your Majesties Person and government,
from the first houre of our meeting, to carie our selves in such
moderation, order and loyaltie, as beseemed the subjects of so just and
gracious a King, lacking nothing so much as your Majesties personal
presence: With which had we been honoured and made happie, we were
confident to have gained your Majesties Royall approbation to our
ecclesiastick constitutions, and conclusions, knowing that a truly
Christian minde and royall heart inclined from above, to religion and
piety, will at the first discern, and discerning be deeply possessed with
the love of the ravishing beautie, and heavenly order of the house of God;
they both proceeding from the same Spirit. But as the joy was unspeakable,
and the hopes lively, which from the fountaines of your Majesties favour
did fill our hearts, so were we not a little troubled, when wee did
perceive that your Majesties Commissioner, as before our meeting, he did
endevour a prelimitation of the Assembly in the necessarie Members
thereof, and the matters to bee treated therein, contrarie to the
intention of your Majesties Proclamation indicting a free Assembly
according to the order of this Kirk, and laws of the Kingdome: So from the
first beginnings of our sitting (as if his Lordship had come rather to
crosse, nor to countenance our lawful proceedings, or as we had intended
any prejudice to the good of Religion), or to your Majesties honour (which
GOD knoweth was far from our thoughts) did suffer nothing, although most
necessarie, most ordinarie, and most undenyable, to passe without some
censure, contradiction, or protestation: And after some dayes debating of
this kinde, farre against our expectation, and to our great griefe, did
arise himself, commanded us, who had laboured in every thing to approve
our selves to GOD, and to his Lordship, as representing your Majesties
Person, to arise also, and prohibited our further meeting by such a
proclamation, as will be found to have proceeded, rather from an
unwillingnesse that we should any longer sit, then from any ground or
reason, which may endure the tryal either of your Majesties Parliament, or
of your own royall Judgement, unto which if (being conveened by indiction
from your Majestie, and sitting now in a constitute Assembly) we should
have given place, This Kirk and Kingdome, contrare to your Majesties most
laudable intentions manifested in former proclamations, and contrarie to
the desires and expectation of all your Majesties good people, had been in
an instant precipitate in such a world of confusions, and such depths of
miserie, as afterward could not easily have been cured. In this
extreamitie we made choise rather of that course which was most agreeable
to your Majesties Will revealed unto us, after so many fervent
Supplications, and did most conduce for the good of Religion, your
Majesties honour, and the well of your Majesties Kingdome; then to give
way to any sudden motion, tending to the ruin of all: wherein wee are so
far from fearing the light, least our deeds should be reproved, that the
more accuratly that we are tryed, and the more impartially our using of
that power, which God Almighty, and your sacred Majestie, his Vicegerent
had put in our hands, for so good and necessarie ends, is examined, we
have the greater confidence, of your Majesties allowance and ratihabition:
and so much the rather, that being in a manner inhibited to proceed in so
good a work, we doubled our diligence, and endevoured more carefully then
before, when your Majesties _Commissioner_ was present, in every point,
falling under our consideration, to walke circumspectly, and without
offence, as in the sight of God, and as if your Majesties eyes had been
looking upon us, labouring to proceed according to the word of God, our
confession of Faith, and nationall oath, and the laudable constitutions of
the lawfull Assemblies of this Kirk; and studying rather to renew, and
revive old acts made for the reformation of Religion, in the time of your
Majesties Father, of happie memorie, and extant in the records of the
Kirk, which divine providence hath preserved, and at this time brought to
our hands; then either to allow of such novations, as the avarice and
ambition of men, abusing authoritie for their own ends, had without order
introduced; or to appoint any new order, which had not been formerly
received, and sworn to be reteined, in this Kirk. In all which the members
of the Assembly, found so clear and convincing light, to their full
satisfaction, against all their doubts and difficulties, that the harmonie
and unanimitie was rare and wonderfull, and that we could not have agreed
upon other constitutions, except wee would have been found fighting
against GOD. Your Majesties wise and princely minde knoweth, that nothing
is more ordinary then for men, when they doe well, to bee evil spoken of,
and that the best actions of men are many times misconstrued, and
mis-reported. _Balaam_, although a false Prophet, was wronged: for in
place of that which hee said, _The Lord refuseth to give me leave to go
with you:_ the princes of _Moab_ reported unto _Balack_, that _Balaam_
refused to goe with them. But our comfort is, That Truth is the daughter
of time, and although calumnie often starteth first, and runneth before,
yet Veritie followeth her at the heels, and possesseth her self in noble
and royall hearts: where base calumnie cannot long finde place. And our
confidence is, that your Majestie with that worthie King, will keep one
eare shut against all the obloquies of men; and with that more wise King,
who when he gave a proofe that the wisedome of GOD was in him to doe
judgement, would have both parties to stand before him at once: that
hearing them equally, they might speed best, and go out most chearfully
from his Majesties face, who had the best cause. When your Majesties
wisedome hath searched all the secrets of this Assembly, let us be reputed
the worst of all men, according to the aspersions whith partialitie would
put upon us, let us be the most miserable of all men to the full
satisfaction of the vindictive malice of our adversaries, let us by the
whole world bee judged of all men the most unworthie to breath any more in
this your Majesties Kingdome, if the cause that we maintaine, and have
been prosecuting, shall be found any other, but that we desire that the
Majestie of GOD, who is our fear and our dread, be served, and his house
ruled, according to his owne will; if we have not carried along with us in
all Sessions of our Assemblie, a most humble and loyall respect to your
Majesties honour, which next unto the honour of the living GOD, lyeth
nearest our hearts; if we have not keeped our selves within the limits of
our reformation, without debording or reflecting upon the constitution of
other reformed Kirks, unto which wee heartily wish all truth and peace,
and by whose sound judgement and Christian affection we certainly look to
be approven; if we have not failed rather by lenitie then by rigour in
censuring of delinquents, never exceeding the rules and lines prescribed,
and observed by this Kirk, and if (whatsoever men minding themselves,
suggest to the contrary) the government and discipline of this Kirk,
subscribed and sworn before, and now acknowledged by the unanimous consent
of this Assembly, shall not bee found to serve for the advancement of the
Kindome of CHRIST, for procuring all duetifull obedience to your Majestie,
in this your Kingdome, and great riches and glorie to your Crown, for
peace to us, your Majesties loyall subjects, and for terrour to all the
enemies of your Majesties honour and our happinesse: and if any act hath
proceeded from us, so farre as our understanding could reach, and humane
infirmitie would suffer which being duely examined according to the
grounds laid by your Majesties Father, of everlasting memory, and our
religious Progenitours, and which Religion did forbid us to infringe,
shall merit the anger and indignation, wherewith wee are so often
threatned: But on the contrare, having sincerely sought the glorie of GOD,
the good of Religion, your Majesties honour, the censure of impietie, and
of men who had sold themselves to wickednesse, and the reestablishment of
the right constitution and government of this Kirk, farre from the
smallest appearance of wronging any other reformed Kirk, we humbly beg,
and certainly expect, that from the bright beames of your Majesties
countenance shining on this your Majesties own Kingdome and people, all
our stormes shall bee changed in a comfortable calme, and sweet Sun-shine,
and that your Majesties ratification in the ensuing Parliament, graciously
indicted by your Majesties Proclamation to bee keeped in _May_, shall
setle us in such a firmnesse, and stabilitie in our Religion, as shall
adde a further lustre unto your Majesties glorious Diadem, and make us a
blessed people under your Majesties long and prosperous reigne; which we
beseech him who hath directed us in our affaires, and by whom Kings
reigne, to grant unto your Majestie, to the admiration of all the world,
the astonishment of your enemies, and comfort of the godly.
_Collected, visied, and extracted forth of the Register of the acts of the
Assembly by me_ Mr A. Jhonston _Clerk thereto, under my signe and
subscription manuall._
_Edinburgh, the 12. of Jan. 1639._