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, hearing 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 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, Councell, 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 royall 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 Ecclesiasticall authority,
prohibiteth and dischargeth, that no member of this Kirk swear or
subscribe the said Confession, so far wreasted to a contrare meaning,
under paine of all Ecclesiasticall 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 generall Assemblies, which are taken from the light of nature,
the promise of Iesus Christ, the practise of the holy Apostles, the
doctrine and custome of other reformed Kirks, and the liberty of
this nationall 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 lawfull Assemblies, and the
great benefite arysing to the Kirk, from this one free and lawfull
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 yearly 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 Iulie 1639. And warneth all Presbyteries,
Universities, and Burghes, to send their Commissioners for keeping the
same. Giving power also to the Presbiterie of Edinburgh, _pro re nata:_
and upon any urgent and extraordinarie necessity (if any shall happen
before the diet appointed in Iulie) 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.
* * * * *
Act Sess. 26. December 20.
_Ordaining an humble supplication to be sent to the King’s 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 surmise 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 thankfullnesse for so
Royall 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 glorie, and the
comfort and quietnesse 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 MAIESTIE:
_The humble Supplication of the generall Assembly of the Kirk of
Scotland, conveened at Glasgow, November 21. 1638._
MOST GRACIOUS SOVERAIGNE,
We your Majesties most humble and loyall 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 Iustice, of truth and peace, when it pleaseth
the Supreame Providence so to dispose, that princely power and
ecclesiasticall 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 generall
Assembly: and remembring that for the present, a more true and real
testimonie of our unfained acknowledgement, could not proceed from us
your Majesties duetyfull Subjects, then to walke worthie of so royall a
favour: It hath been our greatest care and most serious endevour, next
unto the will of IESUS 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
personall 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 lawfull 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 everything to
approve ourselves 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 bee found to have proceeded, rather
from an unwillingnesse that we should any longer sit, than from
any ground or reason, which may endure the tryall either of your
Majesties Parliament, or of your own royall Iudgement, 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 ruine of all; wherein wee are so far
from fearing the light, least our deeds should be reproved, that the
more accuracy 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 bee 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 knowethe,
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
mis-construed, 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 judgment, 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 which 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 the 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 Kingdome 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
threatened: 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
re-establishment 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 Sunshine, 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 Diademe, 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.
FINIS.
_Collected, visied, and extracted forth of the Register of the acts of
the Assembly by me_ Mr. A. IHONSTON, _Clerk thereto, under my signe and
subscription manuall.—Edinburgh the 12 of Jan. 1639._
* * * * *
A BREIFE COLLECTION _of the_ PASSAGES _of the_ ASSEMBLY _holden at_
GLASGOW, _in_ SCOTLAND, _November last, 1638; with the Deposicon of
Divers_ B.p.p. _Their_ OFFENCES _for which they were sentenced; and an_
INDEX _of all the_ ACTS _made at the said Assembly._
Upon Wednesday the vijᵗʰ day of November, a generall ffast was kept
throughout all Scotland, for calling upon God for his blessing upon
their Assembly, and praying for Gods gracious assistance that their
meeting might take good effect to Gods glorie and their owne good.
21.—Upon the 21ˢᵗ day of November, their Assembly begun, where (after
calling upon the name of the Lord) their Nobilitie and Commissioners
were called and desired to bring in their Commissions.
22.—The 22ᵈ day, the Commissioners Letters, and Commissions were
produced; and the Commissioners for every Presbyterie produced their
Commission.
23.—The 23ᵈ day, Mr Alexʳ. Henrison (after long contestacon) was chosen
Moderator for the Assembly.
24.—The 24ᵗʰ day the Assembly proceeded to the election of their Clerke
out of 4 Clarks, then nomynated:—(viz.)—Mr Thomas Sandilands, Mr
Archibald Johnston, Mr John Nicholls, and Mr Alexʳ Blair.
The Marquesse (as his Majesties Commissioner) desired that the votes
of his Assessors might be admitted for choosing the Clerke, and in all
other things, which the whole Assembly refused, for many reasons then
given.
25.—The Assembly, proceeding to their election, made choyce of Mr
Archibald Johnston for the Clerke, who, being generallie allowed of,
was presently sworne for the dutiful administracon of his office, and
to bee answerable for the Register Books to the said Assembly.
This being done, the Registers of all the Assemblies since 1560 were
produced, consisting of 6 faire volumes.
The Assembly, after some consultacon, made ane Act that the Earle of
Rothes, Earle of Lauderdale, Mr Alex. Wilson, the Earle of Dundie, Mr
Andrew Ramsay, Mr John Raine, Mr John Adamson, Mr James Bonnar, Mr
John Bell, and Mr Robert Murray, should visite and peruse the said
Books of the Assemblies, and to report their judgement concerning their
authentickness and creditt.
26.—The 26 day of November, (after prayers,) the Moderator desired
that the Commissions might be tryed and allowed, and, for avoyding of
tediousness, declared, that if any would object against any Commission
or Commissioner, they should be heard; But, if none objected, their
silence should be taken for approbacon.
To this the Kings Commissioner answered, That he might object against
anie Commission at any tyme, after the Commissions were produced.
Amongst manie Commissions produced this day, onely two were questioned,
and they were both for brethrin. In the one, the Laird of Dunn was
nominated a Commissioneasr; and, in the other, the Lord of Carnaigie
was made a Commissioner. Dunns Commission had an approbacon on the
backside thereof; but the Lord Carnaigies had noe approbacon; whereupon
the Lord Marquesse desired the copie of Dunns Commission and approbacon
under the Clerks hand. The Assembly were content hee should have the
Commission, but not the approbacon. Upon which the Marquesse took
instruments of their refusall.
27. The 27 day of November, (after prayers,) the rest of the
Commissions were read, and some were questioned—namely, for the
Presbitrie of Peebles; for the Presbitrie of Glasgow; for the Ministrie
of Glasgow—because each of them had three Commissions; and Brechin—for
having two Ruling Elders, (as aforesaid,) which were all referred to a
Committee of 6 Ministers, to consider of and certifie.
The Commission for the Colledge of Aberdeen had noe warrant to give any
vote; but only to attend their affaires as procurator for the Colledge.
The Presbitrie of Aberdeen had two Commissioners; (viz:)—Mr David
Lindsay, and Mr Doctor Guild, which were allowed.
28.—The 28 of November, the Visitors of the Registers gave in their
testimoniall, subscribed with their hands, testifying the Registers
to bee good, authentique, and worthy of credit; which, being read, Mr
Alexʳ Gibson further declared, in the presence of the Commissioners
and whole Assemblie, that he had seene and considered the registers
produced, and found them to be very authentique, and that hee thought
if the Registers of the Council or Sessions were compared with them,
they would be found to come fair short of those Registers.
Whereupon the Moderator desired the Commissioner, and all others, if
they had anything to say against the said Registers, they should speak
now, or give it in writing at the next sitting.
After this, protestacon was given in by Mr Robᵗ Elliot against the
election of the Commissioners for Peebles, wherein the Earle of
Traquaire was highly accused for intruding himselfe in that election;
and this was referred to a committee.
29.—The 29 of November, (after prayers,) Doctor Hamilton, in the name
of the Archbishopps and Bishops declined, in a protestacon to the
Marquesse, (who received it,) whereby they declyned the Assembly, and
protested that the same should bee holden null in law.
Whereupon Mr Alexʳ Gibson protested that the Bishops should be holden
as delinquents in the Assembly, and that they ought soe to come and
appeare personally.
After this, certaine remonstrances were presented, by the Presbitries
of Glasgow and Dundie, to the Commissioner and Assemblie, desiring all
Commissioners that have beene chosen to be laike Elders, might be putt
away, which was generally denyed.
The Moderator had presented unto him a paper which the Clerk read
openly to the Assemblie, containing many sufficient answers unto the
objections exhibited by the Bishops, with their declynator against the
lawfullnesse of the Assemblie.
After the same was read, the Moderator, in the name of the Assemblie,
desired the Marquesse, that it might bee voted in the Assembly, whether
or not they were competent Judges to the Bishops; but the Marquesse
refused, and adhered to the protestacon and declynator of the Bishops,
against the lawfullnes of the Assemblie; whereupon there was a great
conference betwixt the Marquesse, the Earle of Rothes, and the Lord
Lowdon, concerning the said declynator.
Their conference being ended, the Moderator againe desired the
Marquesse to lett the matter goe to voting, or else to make objections
against the lawfullnes of the Assemblie, and they would resolve them.
But the Marquesse still refused it, alleadging it to bee ane unlawfull
Assembly wherein laike Elders were; which was thus retorted—Then the
Assembly of Perth was noe lawfull Assembly, for there were Ruling
Elders; which answer much moved the Marquesse, and soe checked him as
he knew not what to answer; for that Assemblie is the chiefe Assemblie
the Prelats had. But the Marquesse put it off with a faire discourse,
and, at last, told them he hoped the King’s declaracon of his pleasure
would fully satisfie them, which hee caused the Clerke to reade.
His Majesties will was, That the Service-Book, Booke of Canons, and
High Commission, should be annulled and discharged; The practise of the
5 Articles at Perth, or the urging thereof; and freed all Ministers
from all unlawful oaths at their admission; likewise it made all his
Majesties subjects lyable unto the censure of the Church; onely hee
would not have the office of a Bishop to be altogether destroyed.
After this, the Clerk read the Noblemens Protestacon, which was made
to uphold the liberty and freedome of the Assemble, which being read,
the Marquesse fell into a large discourse concerning the goodnes and
liberalitie of the King’s Majestie, which was fully answered by the
Moderator, who acknowledged his Majesties goodnes, and affirmed that,
if his Majestie were truly informed of the just grievances of his
subjects, and of the foulness of the crymes charged upon the Prelats,
hee would leave them to their tryall.
And, therefore, hee, in the name of the whole Assemblie, requested the
Marquesse that, seeing hee had now gone on in a faire way hitherto, and
had not closed his ears unto their just requeste, hee would not now
begin to stopp, but would grant that it might be voted in the Assembly,
whether they were a lawfull Assembly or not. The Marquesse protested
hee would not, onely hee would have them subscribe the Covenant, and
rest content with his Majesties will declared unto them; and if they
proceeded any further hee would not assent thereto; but that whatsoever
was done should bee held null, and as done in ane unlawful Assembly.