Sess. 8. August 17. 1639.
_Master_ George Grahame _his renouncing and abjuring of Episcopacie._
_The which day was given into the Assembly, direct from_ Master George
Grahame, _sometimes pretended Bishop of_ Orknay, _an abjuration of
Episcopacie, subscribed with his hand, which was publickly read in
audience of the Assembly; and thereafter they ordained the same to be
registrat in the assembly Books_ ad perpetuam rei memoriam, _whereof the
tenor follows._
To all and sundry whom it effects, to whose knowledge these presents shall
come, specially to the reverend and honourable Members of the future
Assembly to be holden at _Edinburgh_, the twelfth day of _August_ 1639.
years: Me Master _George Graham_, sometime pretended bishop of _Orknay_,
being sorry and grieved at my heart that I should ever for any wordly
respect have embraced the order of Episcopacie, the same having no warrand
from the Word of God, and being such an order, as hath had sensibly many
fearful and evill consequences in many parts of Christendome, and
particularly within the Kirk of _Scotland_, as by doleful and deplorable
experience this day is manifest, to have disclaimed, like as I by the
tenor hereof doe altogether disclaime and abjure all Episcopal power and
jurisdiction, with the whole corruptions thereof, condemned by lawful
Assemblies within the said Kirk of _Scotland_, in regard the same is such
an order as is also abjured within the said Kirk, by vertue of that
National Oath with was made in the years 1580. and 1581. promising and
swearing by the great Name of the Lord our God, That I shall never whiles
I live, directly or indirectly, exerce any such power within the Kirk,
neyther yet shall I ever approve or allow the same, not so much as in my
private or publike discourse: But on the contrary, shall stand and adhere
to all the Acts and Constitutions of the late Assembly holden at
_Glasgow_, the 21. of _Novemb._ 1638. last by-past, and shall concurre to
the uttermost of my power, sincerely and faithfully, as occasion shall
offer, in execution the said Acts, and in advancing the Work of
Reformation within this Land, to the glory of God, the peace of the
Countrey, and the comfort and and contentment of all good Christians, as
God shall be my help. In testimony of the which premisses, I have
subscribed thir presents with my hand at _Breeknes_ in _Stronnes_, the
eleventh day of _February_, the year of God 1639. years, before thir
witnesses Master _Walter Stuart_, Minister at _Shoutronnaldsay_, Master
_James Heynd_, Minister at _Kirkwall_, Master _Robert Peirson_, Minister
at _Firth_, and Master _Patrick Grahame_, Minister at _Holme_, my Son.
Sess. 8. August 17. 1639.
_Act containing the Causes and Remedie of the by-gone Evils of this Kirk._
The Kings Majestie having graciously declared, That it is His Royal will
and pleasure, that all questions about Religion, and matters
Ecclesiastical be determined by Assemblies of the Kirk, having also by
publike Proclamation indicted this free national Assembly, for setling the
present distraction of this Kirk, and for establishing a perfect peace,
against such divisions and disordres as have been sore displeasing to his
Majestie, and grievous to all his good Subjects. And now his Majesties
Commissioner _John_ Earle of _Traquair_, intrusted and authorized with a
full Commission, being present, and sitting in this Assembly, now fully
conveened and orderly constitute in all the members thereof, according to
the order of this Kirk, having at large declared His Majesties zeal to the
reformed Religion, and His Royal care and tender affection to this Kirk,
where His Majestie had both His Birth and Baptisme, His great displeasure
at the manifold distractions and divisions of this Kirk and Kingdome, and
His desires to have all our wounds perfectly cured with a fair and
fatherly hand: And although in the way approven by this Kirk, tryal hath
been taken in former Assemblies before from the Kirk registers, to our
full satisfaction, yet the Commissioners Grace making particular enquiry
from the members of the Assembly, now solemnly conveened, concerning the
real and true causes of so many & great evils as this time past had so
sore troubled the peace of this Kirk and Kingdome, It was represented to
his Majesties Commissioner by this Assembly, That beside many other, the
maine and most material causes were, First, The pressing of this Kirk, by
the Prelates with a Service Book, or Book of Common Prayer, without
warrand or direction from the Kirk, and containing beside the Popish frame
thereof, diverse Popish errors and ceremonies, & the seeds of manifold
grosse Superstitions and Idolatry, with a Book of Canons, without warrand
or direction from the general Assembly, establishing tyrannicall power
over the Kirk in the person of Bishops, and overthrowing the whole
discipline & government of the Kirk by Assemblies, with a Book of
Consecration and Ordination, without warrand of Authoritie, Civill or
Ecclesiasticall, appointing offices in the house of God, which are not
warranted by the word of God, and repugnant to the discipline and Acts of
our Kirk, and with the high Commission, erected without the consent of the
Kirk, subverting the jurisdiction and ordinary Judicatories of this Kirk,
and giving to persons meerely Ecclesiasticall, the power of both swords,
and to persons meerly Civill, the power of the Keys and Kirk-sensures. A
second cause was the Articles of _Perth_, _viz._ the observation of
Festivall dayes, kneeling at the Communion, Confirmation, Administration
of the Sacraments in private places, which are brought in by a null
Assembly and are contrary to the Confession of Faith, as it was meant and
subscribed _Anno_ 1580, and divers times since and to the order and
constitutions of this Kirk. Thirdly, the changing of the government of the
Kirk, from the Assemblies of the Kirk to the persons of some Kirkmen,
usurping prioritie and power over their Brethren by the way, and under the
name of Episcopall government against the Confession of Faith, 1580
against the order set downe in the Book of Policy, and against the
intention & constitution of this Kirk from the beginning. Fourthly the
Civill places and power of Kirkmen, their sitting in Session, Councell and
Exchequer, their Riding, Sitting, and voting in Parliament, and their
sitting in the Bench as Justices of peace, which according to the
constitutions of this Kirk are incompatible with their spiritual function,
lifting them up above their Brethren in worldly pomp, and do tend to the
hinderance of the Ministrie. Fiftly the keeping and authorizing corrupt
Assemblies at _Linlithgow_, 1606. and 1608. At _Glasgow_, 1610. At
_Aberdene_, 1616. At S. _Andrews_, 1617. At _Perth_, 1618. which ar null
and unlawful, as being called and constitute quite contrary to the order
and constitutions of this Kirk received and practised ever since the
reformation of Religion, and withal laboring to introduce novations into
this Kirk, against the order and religion established. A sixth cause is
the want of lawful & free General Assemblies, rightly constitute of
Pastors, Doctors, and Elders yearly, or oftner _pro re nata_, according to
the libertie of this Kirk, expressed in the Book of Policy: and
acknowledged in the Act of Parliament, 1592. After which the whole
Assembly in one heart and voyce did declare, that these and such other,
proceeding from the neglect and breach of the Nationall Covenant of this
Kirk and Kingdome, made in _Anno_ 1580. have been indeed the true and
maine causes of all our evills and distractions. And therefore ordain,
according to the constitutions of the Generall Assemblies of this Kirk:
And upon the grounds _respectivè_ above-specified, That the foresaid
Service-Book, Books of Cannons, and Ordinaination, and the high
Commission, be still rejected: that the Articles of _Perth_, be no more
practised: That Episcopall Government, and the Civill places and power of
Kirk-men be holden still as unlawfull in this Kirk: That the above named
pretended Assemblies, At _Linlithgow_ 1606. and 1608. At _Glasgow_ 1610.
At _Aberdene_ 1616. At S. _Andrews_ 1617. At _Perth_ 1618. be hereafter
accounted as null, and of none effect. And that for preservation of
Religion, and preventing all such evill in time-coming, Generall
Assemblies rightly constitute, as the proper and competent judge of all
matters Ecclesiasticall, heereafter be kept yearly and oftner, _pro re
nata_, as occasion and necessity shall require; The necessity of these
occasionall Assemblies being first remonstrate to His Majestie by humble
supplication: As also that Kirk Sessions, Presbyteries and Synodall
Assemblies, be constitute and observed, according to the order of this
Kirk.
_After the voycing of the Act (anent the causes of our by gone
evills) His Majesties Commissioner consented verbally to the said
Act, and promised to give into the Clerk in writ, the Declaration
of His consent, and that he should ratifie this Act in the ensuing
Parliament._
Sess. 18. Aug. 26. 1639.
_Act approving an old Register of the Generall Assembly._
_The whole Assembly (upon the report made to them anent the old
Register of the Assembly, gotten from Master_ John Rig) _all in
one voice approved the said Register, And ordained the same to
make faith in judgement, and outwith in all time coming: as a true
and authentick Register of the Kirk of_ Scotland, _conforme __ to
the testimonie subscribed by the Committee, to be insert in the
Books of Assembly: whereof the tenor followeth:_
We under subscribers, Forsameikle as the late Generall Assembly holden at
_Glasgow_, gave power and Commission to us, To peruse, examine, and
cognosce upon the validity, faith, and strength of the books and Registers
of the Assembly, particularly set down in the Commission given to us
thereanent: According whereunto we did carefully view, peruse, and
consider the saids Registers, and gave our testimony thereof under our
hands, of the validity and sufficience of the samine, to the said Generall
Assembly. And now having a new Commission given to us from the Generall
Assembly now presently conveened and sitting at _Edinburgh_. To peruse,
examine, and cognosce upon the validity, faith and strength of another
Register of the Assembly, which was not set down and recommended to us by
the said former Commission, which Register beginneth at the Assembly
holden at _Edinburgh_ the sixt day of _March_ 1572. and endeth at the
Assembly likewise holden at _Edinburgh_ 1573. we have carefully viewed,
perused, and considered the said Register: And being deeply and maturely
advised, as in a matter of greatest weight and consequence, do attest
before God, and upon our consciences declare to the world, and this
present Assembly, That the said Register above exprest, is a famous,
authentick, and good Register, which ought to be so reputed, and have
publike faith in judgement and outwith, as a valid and true Record in all
things, And finds the same to be of the same handwrit, and subscribed by
the same Clerk of the Generall Assembly as divers of the said other
Registers (formerly perused by us) are. And in testimonie of our solemne
affirmation we have subscribed these presents with our hand, at
_Edinburgh_ the 14. day of _August_ 1639.
Act Sess. 19. August 27. 1639.
_Act approving the deposition of the Ministers by the Committees._
The Assembly, after the receiving of the whole reports from the
Committees, appointed for revising of the processes and sentences, led,
deduced, and pronounced before, and by the several Commissions granted by
the Assembly at _Glasgow_, All in one voice approved the saids whole
Processes as orderly proceeded, and the whole sentences pronounced therein
till, as just and lawful decrees, without prejudice of any favour that can
be showne to any person or persons, against whom the said sentences are
pronounced upon their supplications, or of Justice to such as complain of
their processe, and offers to reduce the same upon whatsoever reason
competent, by the Constitutions of this Kirk and Kingdome, before the
General Assembly and the Commissioners thereof, they being appointed for
that effect.
Act Sess. 20. Aug. 28. 1639.
_Act anent receiving of deposed Ministers._
The which day the General Assembly upon the report of the Committees anent
these who are deposed by Synods, Doe make this General Act, recommending
to the Synods all these who are deposed befor them for subscribing of the
Declinator, & reading of the Service book and for no other grosse cause,
That upon their true repentance & submission to the Constitutions of this
Kirk & upon their purgation and clearnesse from any grosse Faults laid to
their charge in any new processe against them, they may be found by the
Synod as capable of the Ministrie, when God grants them an ordinary and
lawful calling by admission from the Presbyterie, either in the Church
they served in before, or in any other Church.
Act Sess. 21. August 29. 1639.
_Act anent the keeping of the Lords Day._
_The General Assembly recommendeth to the several Presbyteries the
execution of the old acts of Assembly, against the breach of the
Sabbath Day, by going of Mylnes, Salt-Pannes, Salmond-fishing, or
any such like labour; and to this end revives and renues the act
of the Assembly holden at_ Haly-rude-house, 1602. _Sess. 5.
whereof the tenor follows._
The Assembly considering that the conventions of the People, specially on
the Sabbath Day are very rare in many places, by distraction of labour not
only in harvest and seed-time, but also every Sabbath, by fishing both of
the white fish, and Salmond-fishing, and in going of Mylnes. Therefore the
Assembly dischargeth and inhibiteth all such labour of fishing, as well
white fish and Salmond-fish, and going of Mylnes of all sorts upon the
Sabbath, under the pain of incurring the censures of the Kirk: And
ordaines the Commissioners of this Assembly, to mean the same to His
Majestie, and to desire that a pecunial paine may be injoyned upon the
contraveeners of this present Act.