THE PRINCIPALL ACTS OF THE SOLEMNE GENERALL ASSEMBLY OF THE KIRK OF SCOTLAND, (continued 2)

“That such as be slothfull in the ministration of the Sacraments and irreverent, as prophaners receiving the cleane and uncleane, ignorants and senselesse prophane, and making no conscience of their profession in their calling and families, omitting due tryall or using none, or light tryall, having respect in their tryall to persons, wherein there is manifest corruption; that all such bee sharply rebuked, and if they continue therein, that they be deposed.

“And if any be found a seller of the Sacraments, that hee bee deposed simpliciter: and such as collude with slanderous persons in dispensing and over-seeing them for money, incurre the like punishment. That every Minister be charged to have a Session established of the meettest men in his Congregation, and that Discipline strike not only upon grosse sins, as whoredome, blood-shed, &c. but upon sins repugnant to the word of God, as blasphemie of God, banning, profaning of the Sabbath, disobedient to parents, idle, unruly ones without calling, drunkards, and such like deboshed men, as make not conscience of their life and ruling of their families, and specially of education of their children, lying, slandering, and backbiting and breaking of promises: and this to be an universall order throughout the Realme, &c. and such like as are negligent herein, and continue therein, after admonition, be deposed.

“That none falling in public slanders, be received in the fellowship of the Kirk, except his Minister have some appearance and warrand in conscience, that hee hath both a feeling of sin, and apprehension of mercie, and for this effect, that the Minister travell with him, by doctrine and private instruction, to bring him hereto, and specially in the doctrine of repentance, which, being neglected, the public place of repentance is turned in a mocking.

“Dilapidation of benefices, dimitting of them for favour, or money, that they become laick patronages, without advise of the Kirk, and such like interchanging of benefices, by transaction and transporting of themselves by that occasion, without the knowledge of the Kirk, precisely to be punished. Such like, that setting of tacks without the consent of the Assembly, be punished according to the acts: and that the dimitters in favours for money, or otherwise to the effect above writen; bee punished as the dilapidators.

“Corruptions in their persons and lives.

“That such as are light and wanton in their behaviour, as in gorgeous and light apparell; in speech, in using light and prophane companie, unlawfull gaming, as dancing, carding, dycing, and such like, not beseeming the gravitie of a Pastour, bee sharply and gravely reproved by the Presbyterie, according to the degree thereof: and continuing therein after due admonition, that hee bee depryved, as slanderous to the Gospel.

“That Ministers being found swearers, or banners, prophaners of the Sabbath, drunkards, fighters, guiltie of all these or any of them, be deposed simpliciter; and such like, lyars, detracters, flatterers, breakers of promise, brawlers, and quarrellers, after admonition continuing therein, incurre the same punishment.

“That Ministers given to unlawful and incompetent trades and occupations for filthie gain, as holding of ostleries, taking of ocker beside conscience and good lawes, and bearing worldly offices in noblemen and gentlements houses, merchandise, and such like, buying of victuals, and keeping to the dearth, and all such worldly occupations, as may distract them from their charge, and may be slanderous to the pastorall calling, be admonished and brought to the acknowledging of their sins, and if they continue therein, to be deposed.

“That Ministers not resident at their flocks, be deposed according to the Acts of the generall Assembly, and lawes of the Realme: otherwise the burthen to be laid on the Presbyteries, and they to be censured therefore.

“That the Assembly command all their members, that none of them await on the court and afairs thereof, without the advice and allowance of their Presbyterie. Item, that they intend no action civill without the said advice, except in small maters; and for remeding of the necessitie, that some Ministers hath to enter in plea of law, that remedie bee craved, that short processe bee devised, to bee used in Ministers actions.

“That Ministers take speciall care in using godly exercises in their families, in teaching of their wives, children, and servants, in using ordinarie prayers and reading of Scriptures, in removing of offensive persons out of their families, and such like other points of godly conversation, and good example, & that they, at the visitation of their Kirks, try the Ministers families in these points foresaid, and such as are found negligent in these points after due admonition, shall be adjudged unmeet to govern the house of God, according to the rule of the Apostle.

“That Ministers in all companies strive to bee spirituall and profitable, and to talke of things pertaining to godlinesse, as, namely, of such as may strengthen us in Christ, instruct us in our calling, of the means how to have Christs Kingdome better established in our Congregations, and to know how the Gospel flourisheth in our flocks, and such like others the hinderances, and the remeeds that we finde, &c., wherein there is manifold corruptions, both in our companying with our selves, and with others: and that the contraveeners thereof be tryed, and sharply be rebuked.

“That no Minister be found to contenance, procure, or assist a publick offender challenged by his own Minister, for his publick offence, or to bear with him, as though his Minister were too severe upon him, under the pain of admonition and rebuking.

“Anent generall Assemblies.

“To urge the keeping of the Acts anent the keeping of the Assembly, that it may have the own reverence and majestie.”

The Assembly having heard the whole act read, most unanimously alloweth and approveth this article.

X. Anent the defraying of the expenses of the Commissioners to the generall Assembly, referreth and recommendeth the same unto the particular Presbyteries, and especially to the ruling Elders therein, that they may take such courses whereby, according to reason and former acts of Assemblies, the Commissioners expenses to this Assembly, and to the subsequent, may be born by the particular parochins of every Presbyterie, who sendeth them in their name, and to their behalf, and for that effect, that all sort of persons able in land or moneys proportionally, may bear a part of the burthen, as they reap the benefit of their paines.

The Assembly referreth this unto the care of the particular Presbyteries.

XI. Anent the repressing of poperie and superstition; It seemeth 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 of Perth and of Striviling Shire.

Dunkel.

Aughterardor.

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 of Wigtoun, and Stewartie of Kirkubright.

Kirkubright.

Stranraver.

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 of Aire

Irwing.

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, the Barrony of Renfrow, the Shy. of Clydsdail over and nether.

Dumbartane.

Glasgow.

Hamiltoun.

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 of Argil & Boot, with a part of Lochabar.

Kinloch.

Inneraray.

Kilmoir.

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 of Fife.

Cowper.

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 of Forfair and Merns.

Dundie.

Arbroth.

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 of Aberdene and Bamfe.

Kincairdin.

All-foord.

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 of Innernes in part, Nairn in part, Murray, Bamf in part, Aberden in part.

Forresse.

Elgin.

Strabogie.

Abernethie.

Aberlower.

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 of Innernes in part.

Taine.

Dingwall.

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 Thurso. Sutherland.

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 of Orkney and Zetland.

Scalloway.

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.

SEEING the generall Assembly, to whom belongeth properly the publick 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.