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 Iesuits there born 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 generall 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 licence 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 these
years 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 generall or provinciall 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 several 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 profaination 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, Iuly 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
judgment and tyrannous authoritie of the pretended Prelats, in 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.
XIX. Since the office of Diocesane, or lordly Bishop, is all-uterly
abjured, and removed? out of this Kirk: It is thought fit that all
titles of dignitie, savouring more of poperie than of Christian
libertie, as Chapters with their elections and consecrations, Abbots,
Pryors, 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 ecclesiasticall 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, and 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 _Marriage 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 funerall sermons, as
savouring 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 publicly, 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 and
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
Assemblies, given in by the most ancient of the Ministrie within every
Province, as the ancient plateforme thereof, ordained the same to be
observed conforme to the roll, registrat in the books of Assembly,
whereof the tennour followeth.
_The order of the_ PROVINCIAL ASSEMBLIES _in Scotland, according to the
Presbyteries therein contained._
1. _The Provinciall Assembly of_ MERS _and_ TIVIDAILL.
The Presbyteries of The bounds.
Dunce. Mers.
Chirnside. Tividail.
Kelso. The Forrest.
Erstiltoun. Lauderdail.
Jedburgh.
Melros.
To meet the first time at Jedburgh, the third Twesday of April.
2. _The Provinciall of_ LOUTHIAN.
The Presbyteries of The bounds.
Dumbar. e. Louthian.
Hadingtoun. w. Louthian.
Dalkeeth. Tweeddaill.
Edinburgh.
Peebles.
Linlithgow.
To meet the first time at Edinburgh the third Twesday of April.
3. _The Provinciall of_ PERTH.
The Presbyteries of The bounds.
Perth. The Shyrefdome
Dunkel. of Perth and of
Aughterardor. Striviling Shire.
Striviling.
Dumblane.
To meet the first time at Perth, the second Twesday of April.
4. _The Province of_ DRUMFREES.
The Presbyteries of The bounds.
Dumfrees. Niddisdaill.
Penpont. Annandaill.
Lochmabane. Ewsdaill.
Middilbee. Eskdaill.
Wachopdaill
& a part of
Galloway.
To meet the first time at Drumfrees, the second Twesday of April.
5. _The Provinciall of_ GALLOWAY.
The Presbyteries of The bounds.
Wigtoun. The Shyrefdome
Kirkubright. of Wigtoun,
Stranraver. and Stewartie of
Kirkubright.
To meet the first time at Wigtoun, third Twesday of April.
_The Provinciall Synod of_ AIRE _or_ IRWING.
The Presbyteries of The bounds.
Aire. The Shyrefdome
Irwing. of Aire
To meet with the Provincial Synod of Glasgow
_pro hac vice_, the first Twesday of April.
6. _The Provinciall Synod of_ GLASGOW.
The Presbyteries of The bounds.
Pasley. The Shyr. of Lennox,
Dumbartane. the Barrony of Renfrow,
Glasgow. the Shy. of Clydsdail
Hamiltoun. over and nether.
Lanerik.
To meet with the Provincial Synod of Aire and Irwing
at Glasgow, _pro hac vice_.
7. _The Provinciall Synod of_ ARGYL, _desired to bee
erected in several Presbyteries, according to the note
given in._
The Presbyteries of The bounds.
Dunnune. The Shyrifdomes
Kinloch. of Argil & Boot,
Inneraray. with a part of
Kilmoir. Lochabar.
Skye.
To meet the first time at Innereray, the 4 Twesday of April.
8. _The Provinciall Synod of_ FIFE.
The Presbyteries of The bounds.
St Andrews. The Shyrefdome
Cowper. of Fife.
Kirkadie.
Dunferling.
To meet the first time at Cowper in Fife the first Twesday of April.
9. _The Provinciall Synod of_ ANGUS _and_ MERNS.
The Presbyteries of The bounds.
Meegle. The Shyrefdomes
Dundie. of Forfair
Arbroth. and Merns.
Forfair.
Brechen.
Merns.
To meet the first time at Dundie, the third Twesday of April.
10. _The Provinciall Synod of_ ABERDENE.
The Presbyteries of The bounds.
Aberdene. The Shyrefdomes
Kincairdin. of Aberdene
All-foord. and Bamfe.
Gairloch.
Ellan Deer.
Turreffe.
Fordyce.
To meet the first time at new Aberdene, the 3 Twesday of April.
11. _The Provinciall Synod of_ MURRAY.
The Presbyteries of The bounds.
Innernes. The Shyrefdomes
Forresse. of Innernes in
Elgin. part, Nairn in
Strabogie. part, Murray,
Abernethie. Bamf in part,
Aberlower. Aberden in part.
To meet the first time at Forresse, the last Twesday of April.
12. _The Provinciall Synod of_ ROSSE.
The Presbyteries of The bounds.
Chanrie. The Shyrefdome
Taine. of Innernes
Dingwall. in part.
To meet the first time at Chanrie, the 2 Twesday of April.
13. _The Provinciall Synod of_ CATHNES.
The Presbyteries of The bounds.
Dornoch. Cathnes.
Weeke or Sutherland.
Thurso.
To meet the first time at Dornoch, the third Twesday of April.
14. _The Provinciall Synod of_ ORKNEY _and_ ZETLAND.
The Presbyteries of The bounds.
Kirkwall. The Shrefdome
Scalloway. of Orkney
and Zetland.
To meet the first time at Kirkwall, the second Twesday of April.
15. _The Provinciall Synod of the Isles._
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 remembered 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 be keeped in time comming: viz. The Provincials of Louthian,
and Mers, &c. The Provincials of Drumfries, 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 tennour 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 white 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 Commissioners 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. 24. 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 Ministeriall function, refuseth themselves, and with-draw others
from the obedience of the acts of the Assembly.
* * * * *
Act Sess. 25. December 19. 1638.
_Against the civill places and power of Kirk-men._
The generall Assembly, remembering that among other clauses of the
application of the confession of Faith to the present time, which
was subscribed in Februarie 1638. The clause touching the civill
places and power of Kirk-men, was referred unto the tryall of this
Assembly; entered into a serious search thereof, especially of their
sitting on the bench, as Iustices of peace, their sitting in Session
and Councell, their ryding and voting in Parlament: and considering
how this vote in Parlament, was not at first sought nor requyred by
this Kirke, 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 not 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 provinciall Assemblies,
against this restitution of Bishops to vote in Parlament, and against
all civill offices in the persons of Pastors, separate unto the
Gospel, as incompatible with their spirituall 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 powerfull fruits of their spirituall 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 counsell in matters
concerning the Kirk or the Conscience of any whatsomever, to his
Majestie, to the Parlament to the Councell, or to any member thereof,
for their resolutions from the word of God, So on the other part,
that it is both inexpedient, and unlawful in this Kirk, for Pastors
separate unto the Gospel to brook civil places, and offices, as to be
Iustices of peace; sit and decerne in Councell, Session, or Exchecker;
to ryde or vote in Parlament, to be Iudges or Assessors in any Civill
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 comming.
* * * * *
Act Sess. 26. December 20. 1638.
The Assembly considering the great prejudice which God’s Kirk in this
land, hath sustained these years bypast, by the unwarranted printing
of lybels, pamphlets, and polemicks, to the disgrace of Religion,
slander of the Gospel, infecting and disquyeting the mindes of God’s
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 controversies of this time, or any
other treatise whatsoever which may concerne the Kirk of Scotland,
or God’s cause in hand, without warrand subscribed by Mr Archibald
Iohnston, 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 Ecclesiasticall
censures to be execute against the transgressours by the several
Presbyteries, and in case of their refusal, by the several Commissiones
from this Assembly: Whereunto also we are confident, the honourable
Iudges 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 several Commissions to summond
them to compear before the next generall Assembly to be holden at
Edinburgh, the third Wedinsday of Iulie, to abide their tryall and
censure.
* * * * *
Act. Sess. 26. December 20. 1638.
The Assembly considering the acts and practise of this Kirk 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, Burghs, 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 disposed 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 Kirkmen, till they be tryed in a free
generall 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
unlawfull; 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 Faithe lately subscribed
by his Majesties Commissioner, and urged to be subscribed by others._