The Kings Majestie having graciously declared, That it is His Royal

will and pleasure, that all questions about Religion, and matters

Ecclesiasticall, be determined by Assemblies of the Kirk; having also,

by publike Proclamation, indicted this free national Assembly, for

settling the present distraction of this Kirk, and for establishing a

perfect peace against such divisions and disorders as have been sore

displeasing to his Majestie, and grievous to all his good Subjects.

And now his Majesties Commissioner, John Earle of Traquair, instructed

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 and 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 materiall 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, and the seeds of manifold grosse Superstitions and

Idolatry, with a Book of Canons, without warrand or direction from

the Generall Assembly, establishing tyrannicall power over the Kirk,

in the person of Bishops, and overthrowing the whole discipline and

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 censures. 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 Kirk-men, 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

down 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 Voiting 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 pompe, 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, 16I7; at Perth, 1618—which are null and

unlawfull, 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, withall, labouring to introduce novations

into this Kirk, against the order and religion established. A sixth

cause is, the want of lawfull and free Generall 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, ordaine, according to the constitutions of the

Generall Assemblies of this Kirk, and upon the grounds respective

above specified, That the foresaid Service-Book, Books of Canons,

and Ordination, 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 accompted as null, and of none

effect. And that, for preservation of Religion, and preventing all such

evils in time coming, Generall Assemblies, rightly constitute, as the

proper and competent judge of all matters Ecclesiasticall, hereafter

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

evils,) 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. XVIII. 26 Aug. 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 validitie, 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 validitie and sufficiencie

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 validitie, 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 sixth 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, doe 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

publik faith in judgement and outwith, as a valid and true Record

in all things, And findis 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 (formerlie perused by us) are. And, in testimonie

of our solemne affirmation, we have subscribed these presents with our

hands, at Edinburgh, the ________ day of August, 1639.

Act Sess. XIX. Aug. 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 severall Commissions granted

by the Assembly at Glasgow, All in one voice approved the saids whole

Processes as orderly proceeded, and the whole sentences pronounced

thereintill, as just and lawfull 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 complaine of their processe, and offers to reduce the same

upon whatsoever reason competent, by the Constitutions of this Kirk and

Kingdome, before the Generall Assembly and the Commissioners thereof,

they being appointed for that effect.

Act Sess. XX. 28 Aug. 1639.

_Act anent receiving of deposed Ministers._

The which day, the Generall Assembly, upon the report of the Committees

anent these who are deposed by Synods, Doe make this Generall Act,

recommending to the Synods all these who are deposed before them for

subscribing of the Declinator, and reading of the Service-book, and

for no other grosse cause, That, upon their true repentance, and

submission to the Constitutions of this Kirk, and 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 Synods capable of the

Ministerie, when God grants them an ordinary and lawfull calling by

admission from the Presbyterie, either in the Church they served in

before, or in any other Church.

Act Sess. XXI. 29 August 1639.

_Act anent the keeping of the Lords Day._

The Generall 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 reneues 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 onely in harvest and seed-time, but also every Sabbath, by

fishing both of 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 pecuniall paine may be

injoyned upon the contraveeners of this present Act.

Act Sess. XXII. 29 Aug. 1639. â meridie.

_Articles and Overtures approved by the Assemblie._

That some Commissioners be appointed to visit and peruse the whole Acts

of Generall Assemblies, and to mark such Acts as are for the use of

the Kirk in Generall, To extract the same out of the Registers, to the

effect that after they be tryed, they may be printed according to the

old Acts of the Assembly at Edinburgh, March 7, 1574, Sess. 9.

The Assemblie appoints the Presbyterie of Einburgh to have a care of

this article, and to report their diligence to the next Assembly.

That course may be taken for restraining of people from passing to

England to marry, which is the occasion of great inconveniences.

The Assembly alloweth this article, and recommends to the Parliament

that they would appoint a pecuniall summe to be payed by the

contraveeners.

That the Acts for furnishing expences to Commissioners, sent by the

Presbyteries to the Generall Assembly, and sent in Commission by

Generall Assemblies, may be explained; And it be declared that all

such Commissioners whatsoever, by their stipends, may be furnished by

the Kirks of the Presbyterie, according to the order set down in the

Act of the last Assembly, since the errand is common, and the benefit

concerneth all; and that order may be taken, how that an expedient

voluntarie course, thought fit by the Assembly, shall, by advise of

Parliament, have the force of a law, for compelling these to pay who

are stented, both for the last and this Assembly, and in time to come.

The Assembly allowes this article, and referres the same to the

Parliament.

That the Session-books of every Paroche be presented once a year to the

Presbyteries, that they may be tryed by them.

The Assembly alloweth this article.

That the Act of the 38 Assembly at Edinburgh October 24, 1578, Sess. 8,

ordaining Ministers who are deposed, to be charged, under the pain of

excommunication, to dimit their places, that they may be unquestionably

vacand, may now be renewed.

The Assembly alloweth this article, and remits the same to the

Parliament.

The Assembly would revive or renew all former Acts of Assembly against

Papists and excommunicate persons, against haunters with them, and

receivers of them.

The Assembly alloweth this article.

That an uniforme Catechisme may be appointed to be used throughout this

whole Kingdome, in the examinations before the Communion.

The Assembly alloweth this article.

That all Ministers or Intrants presented to Kirks, be tryed before

their admission, if they be qualified for the places to which they are

presented, besides the ordinary tryalls of Expectants before their

entrie to the Ministerie.

The Assembly alloweth this Article.

* * * * *

Sess. XXIII. 30 Aug. 1639.

_The Supplication of the Generall Assembly to the Kings Majesties

Commissioner, concerning the Book, called “The Large Declaration.”_

Wee, the Members of this present Assembly, for our selves, and in

name of the severall Presbyteries, Burghs, and Universities for which

we are Commissioners, resenting the great dishonour done to God, our

King, this Kirk, and whole Kingdome, by the Book called “A Large

Declaration,” have here represented the same to your Grace, and have

collected some, amongst many, of false, grosse, and absurd passages;

That, from the consideration thereof, your Grace, perceiving the

intolerable evils foresaids contained therein, may be pleased to

represent the same to our gracious Soveraigne, and in our behalfs

humbly to beseech his Majestie, so much wronged by the many foul

and false relations, suggested and perswaded to him as trueths, and

by stealing the protection of His Royall Name and Authoritie to the

patrocine of such a Book: To be pleased first to call in the said Book,

and thereby to shew his dislike thereof: Next, to give Commission

and warrant to cite all such parties as are either knowne or suspect

to have had hand in it, and to appoint such as His Majestie knowes

to be either authors, informers, or any wayes accessarie, being

Natives of this Kingdome, To be sent hither to abide their tryall

and censure before the Judge Ordinary, and in speciall Master Walter

Balcanquell, now Deane of Durhame, who is known and hath professed to

be the author, at least avower and maintainer of a great part thereof;

that by their exemplar punishment, others may be deterred from such

dangerous courses, as in such a way to raise sedition betwixt the King

and His Subjects, Gods honour may be vindicate from so high contempt,

His Majesties justice may appear, not only in cutting away such

Malefactors, but in discouraging all such under-miners of His throne,

His loyall and loving Subjects shall be infinitely contented to be

cleared before the world of so false and unjust imputations, and will

live hereafter in the greater securitie, when so dangerous a course of

sedition is prevented, and so will have the greater and greater cause

to pray for his Majesties long and prosperous Reigne.

His Majesties Commissioner in Councell having received the said

Supplication, promised to impart the same to His Majesty, and to report

his diligence therein.

* * * * *

_The Supplication of the Assembly to His Majesties High Commissioner,

and the Lords of Secret Councell._[160]

Wee, the Generall Assembly, considering, with all humble and thankfull

acknowledgement, the manie recent favors bestowed on us by His

Majestie, and that there rested nothing for crowneing his Majesties

incomparable goodnes toward us, bot that all the members of this

Kirk and Kingdom might be joyned in one and the same Confessions of

Faith with God, with the Kings Majestie, and among ourselves: And

conceiveing the main lett and impediment to this so good a worke,

and so muche wished be all, to have beene the Informations made to

his Majestie, of our intentions to shaike off Civill and dutiful

obedience dew to Soverainity, and to diminish the Kings greatnes

and authoritie, and being most willing and desyrous to remove this

and all suche impediments, whiche may hinder and imped so full and

perfyte an Union, and for cleiring of our loyaltie, WEE, in our names,

and in name of all the rest of the Subjects and Congregations whome

wee represent, doe now, in all humilitie, represent to your Grace,

His Majesties Commissioner, and to the Lords of His Majesties most

honourable Privie Counsell, and declare before God and the World, that

we never had, nor have anie thought of with-drawing our selves from

that humble and dutiful subjection and obedience to His Majestie and

to his Government, which, by the descent and under the reign of 107

Kings, is most cheirfullie acknowledgit be us and our predecessors:

And that we never had, nor have any intention or desire to attempt

anie thing that may tend to the dishonour of God, or the diminution of

the Kings greatnes and authoritie; But, on the contrary, acknowledging

our quietnes, stabilitie, and happines to depend upon the safetie of

the Kings Majesties Person, and maintenance of His greatnes and Royal

authority, as Gods Vice-gerent set over us, for maintenance of Religion

and ministration of Justice, We have solemnlie sworn and doe swear, not

onlie our mutual concurrence and assistance for the caus of Religion,

and to the uttermost of our power, with our meanes and lyves, to stand

to the defence of our dread Soveraine, his Person and authoritie, in

the preservation and defence of the said true Religion, Liberties, and

Lawes of this Kirk and Kingdome, bot also in everie thing which may

concerne His Majesties honor, sall, according to the Lawes of this

Kingdome and dutie of good subjects, concurre with our friends and

followers in quiet manner, or in armes, as wee sall be requyred of His

Majestie, His Councell, or anie having his Authority. And, therefore,

being most desyrous to cleir our selves of all imputation of this kynd,

following the laudable example of our predecessors, in anno 1589, doe

most humblie supplicat your Grace, His Majesties miasione, and the

Lords of His Majesties most honourable privie Counsel, to enjoyne

be Act of Counsell, that the Confession and Covenant, which, as a

testimonie of our fidelitie to God, and loyaltie to our King, wee have

subscrived, be subscrived be all His Majesties Subjects, of what ranke

and quality soever.

* * * * *

_The Act of the Lords of Councell at Edinburgh. August 30, 1639,

containing the Answer of the preceding Supplication._

The which day, in presence of the Lord Commissioner and the Lords of

Privie Councell, compeired personally John Earle of Rothes; James

Earle of Montrose; John Lord Lowdoun; Sir George Stirling of Keir,

Knight; Sir William Douglas of Cavers, Knight; Sir Henry Wood of

Bonytoun, Knight; John Smyth, Burgesse of Edinburgh; Mr Robert Barclay,

Provest of Irwing; Mr Alexander Henderson, Minister at Edinburgh; and

Mr Archbald Johnstoun, Clerk to the Generall Assembly; and, in the

name of the present sitting Generall Assembly, gave in to the Lord

Commissioner, and Lords of Privie Councell, the Petition above written;

Quhilk being red, heard, and considerit be the said Lord Commissioner

and Lords of Privie Counsell, they have ordainit, and ordains the

samen to be insert and registrat in the books of Privie Counsell,

and, according to the desyre thereof, ordains the said Confession

and Covenant to be subscrived in tyme comeing, be all His Majesties

Subjects of this Kingdome, of what ranke and qualitie soever.

* * * * *

_The Kings Majesties Commissioners Declarations._

The which day His Majesties Commissioner and Lords of Councell, after

the receiving of the Supplication of the Generall Assembly, anent the

subscribing of the Covenant, having returned to the Assembly, His

Majesties Commissioner, in name of the Councell, declared: That he had

received the Supplication of the Assembly, desiring that the Covenant

might receive the force of an Act of Councell, to be subscribed by all

his Majesties Subjects, that they had found the desire so fair and

reasonable, that they conceived themselves bound in duety to grant the

same, and thereupon have made an Act of Councell to that effect, and

that there rested now the Act of Assembly; and that he himself was so

fully satisfied, that he came now, as his Majesty’s Commissioner, to

consent fully unto it; and that he was most willing that it should be

enacted here in this Assembly, to oblige all his Majesties Subjects

to subscribe the said Covenant, with the Assemblies explanation. And

because there was a third thing desired, His subscription, as the

Kings Commissioner, unto the Covenant, which he behooved to do, with a

Declaration in writ; and he declared, as a Subject, he should subscribe

the Covenant as strictly as any, with the Assemblies Declaration; but

as His Majesties Commissioner in his name he behoved to prefix to his

subscription the Declaration following, which no Scots Subjects should

subscribe or have the benefit of, no, not himself as Earle of Traquair.

The tenor whereof follows:—

Seeing this Assembly, according to the laudable forme and custome

heretofore kept in the like cases, have, in a humble and dutiful way,

supplicate to us His Majesties Commissioner, and the Lords of His

Majesties most honourable Privie Councell, That the Covenant, with

the explanation of this Assembly, might be subscribed: And to that

effect that all the subjects of this Kingdome, by act of Councell, be

required to doe the same: And that therein, for vindicating themselves

from all suspitions of disloyaltie or derogating from the greatnesse

and authoritie of our dread Soveraigne, have therewith added a Clause,

whereby this Covenant is declared one in substance with that which was

subscribed by His Majesties Father of blessed memory, 1580, 1581, 1590,

and oftner since renewed. Therefore I, as His Majesties Commissioner,

for the full satisfaction of the Subjects, and for settling a

perfect Peace in Church and Kingdome, doe, according to my foresaids

Declaration and Subscription, subjoyned to the Act of this Assembly, of

the date the 17 of this instant, allow and consent that the Covenant

be subscribed throughout all this Kingdome. In witnes whereof I have

subscribed the premisses.

* * * * *

_Likeas his Majesties Commissioner, read and gave in the Declaration

following, of his consent to the Act of the Assembly, 17 August, anent

the causes of our by gone evils._

I, John Earle of Traquair, His Majesties Commissioner in this present

Assembly, doe, in His Majesties Name, declare, that, notwithstanding

of His Majesties own inclination, and many other grave and weightie

considerations, yet such is His Majesties incomparable goodnesse, that,

for settling the present distractions, and giving full satisfaction to

the Subject, He doth allow, like as I, His Majesties Commissioner, doe

consent to the foresaid Act, and have subscribed the premisses.

* * * * *

_Likeas His Majesties Commissioner read and gave in the Declaration

following:—_

It is alwayes hereby declared by me, His Majesties Commissioner,

That the practise of the premisses, prohibited within this Kirk and

Kingdome, outwith the Kingdome of Scotland, shall never bind nor

inferre censure against the practises outwith the Kingdome; which, when

the Commissioner required to be insert in the Register of the Kirk, and

the Moderator, in name of the Assembly, refused to give warrant for

such practise, as not agreeable with a good conscience, His Grace urged

that it should be recorded, at least that he made such a Declaration,

whatsoever was the Assemblies Judgement in the contrair: And so it is

to be understood to be insert here onely _vocitative_.

* * * * *

_Act ordaining the subscription of the Confession of Faith and

Covenant, with the Assemblies Declaration._

The Generall Assembly, considering the great happinesse which may flow

from a full and perfect Union of this Kirk and Kingdome, by joyning of

all in one and the same Covenant with God, with the Kings Majestie,

and amongst our selves, having, by our great Oath, declared the

uprightnesse and loyaltie of our intentions in all our proceedings, and

having withall supplicated His Majesties high Commissioner, and the

Lords of His Majesties honorable Privie Councell, to injoyn, by Act of

Councell, all the Lieges in time coming to subscribe the Confession

of Faith and Covenant, which, as a testimony of our fidelity to God

and loyaltie to our King, we have subscribed: And seeing His Majesties

high Commissioner, and the Lords of His Majesties honorable Privie

Councell, have granted the desire of our Supplication, ordaining,

by civill authority, all His Majesties Lieges, in time comming, to

subscribe the foresaid Covenant, that our Union may be the more full

and perfect, We, by our Act and Constitution Ecclesiasticall, doe

approve the foresaid Covenant in all the Heads and Clauses thereof,

and ordaines of new, under all Ecclesiasticall censure, that all the

Masters of Universities, Colledges, and Schooles, all Schollers at

the passing of their degrees, all persons suspect of Papistry, or any

other errour, and, finally, all the members of this Kirk & Kingdome,

subscribe the same with these words prefixed to their subscription:

“The Article of this Covenant, which was, at the first subscription,

referred to the determination of the Generall Assembly, being

determined, and thereby the five Articles of Perth; the government of

the Kirk by Bishops; the civill places and power of Kirkmen, upon the

reasons and grounds contained in the Acts of the Generall Assembly,

declared to be unlawfull within this Kirk: we subscribe according to

the determination foresaid.” And ordaines the Covenant, with this

Declaration, to be insert, in the Registers of the Assemblies of

this Kirk, Generall, Provinciall, and Presbyteriall, _ad perpetuam

rei memoriam;_ and, in all humility, supplicates His Majesties high

Commissioner, and the honourable Estates of Parliament, by their

authoritie to ratifie and injoyne the same, under all civill paines,

which will tend to the glory of God, preservation of Religion, the

Kings Majesties honour, and perfect peace of this Kirk and Kingdome.

* * * * *

Aug. 30. 1639.

_Act anent Appellations._

The Assembly appointed, that, in all time hereafter, no Appellations

should be, leaping over either Presbyterie or Synod, but to ascend

by degrees as from the Kirk Session to the Presbytry, or from the

Presbyterie to the Synod, and from the Synod to the Generall Assembly,

except it be after the Synod be past, and immediatly before the

Generall Assembly, or in the time thereof, and renewes all former Acts

made to this effect.

* * * * *

_Act anent advising with Synods and Presbyteries before determination

in Novations._

Records of the Kirk of Scotland containing the Acts and Proceedings of the General Assemblies from 1638 downwards, as authenticated by the clerks of assembly. · 第 55 / 186 段