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._