In the same Assembly it is acknowledged that the estate of Bishops is condemned by the Kirk, a commission for erection of moe Presbyteries was renewed: and a new ordinance made for subscribing the confession of Faith, and to proceed against whatsoever persons that would not acknowledge and subscribe the same.

In the Assembly holden in April 1582. there was a new commission for erection of Presbyteries, where none was as yet erected, Mr. Robert Montgomerie, pretending to be Bishop of Glasgow, was ordained to be deposed and excommunicat, except hee gave evident tokens of repentance, and promise to superseed, which he did not: and therefore he was excommunicat shortly after, according to the ordinance of this Assembly.

In the generall Assembly holden at Edinburgh, 1582. The generall Assembly gave commission to some Presbyteries, to try and censure such as were called Bishops, for the great slander arising by their impunitie. Commission was given at this Assembly to present some articles to the Councel and Estates, for approving and establishing by their authoritie the Presbyteries, the Synodall, and generall Assemblies. In the 19. Sess. The Assembly declared, that no Bishop may sit upon the Councell in name of the Kirk.

In the Assembly holden Anno 1586. These two articles were agreed upon. First It is found that all such as the Scripture appointeth governours of the Kirk, to wit Pastours, Doctours, and Elders, may conveen to the generall Assemblies, and vote in Ecclesiasticall matters. Secondly: There are foure office bearers set down to us by the Scriptures, to wit Pastours, Doctours, Elders, and Deacons, and the name of Bishop ought not to be taken as it hath been in time of Papistrie, but is common to all Pastours, and Ministers.

In the Assembly holden Anno 1587. Sess. 8. It was ordained that the admission of Mr. Robert Montgomerie by the Presbyterie of Glasgow, suppose to the temporalitie of the Bishoprick only, be undone and annulled with all possible diligence, to the effect slander might be removed from the Kirk. In Sess. 15. Mr. Robert Pont shewed the Kings presentation to the Bishoprick of Cathnes, & desidered the judgement of the Assembly. The Assembly in their letter to the Kings Majestie, declared that they judged the said Mr. Robert to be a Bishop already according to the Doctrine of St. Paul: But as to that corrupt estate or office, of these who have been termed Bishops heretofore, they found it not agreable to the word of God, and that it hath been damned in diverse Assemblies before.

In the instructions given to such as were appointed to wait upon the Parliament, it was ordained in the same Assembly Sess. 17. That they be careful that nothing be admitted prejudicial to the liberties of this Kirk, as it was concluded according to the word of God in the general Assemblies, preceeding the year 1584. but precisely to seek the same to be ratified in the Assembly holden in March 1589. where the articles were made for subscribing the confession of Faith with the generall band, it was ordained as followeth.

For so much as the neighbour Kirk in England, is understood to bee heavily troubled, for maintaining of the true Discipline and government: whose grieves ought to move us. Therefore the Presbytery of Edinburgh was ordained to comfort the said Kirk in the said matter.

In the Assembly holden 1590. when the confession of Faith was subscribed universally de novo, a ratification of the liberties of the Kirk, in her jurisdiction, discipline, Presbyteries, Synods, and generall Assemblies, and an abrogation of all things contrarie thereunto; was ordained to be sought both of the Councel and Parliament. In the next Session it was ordained that the book of Discipline, specially the controverted heads, should be subscribed by all Ministers that bear, or hereafter was to bear office in this Kirk, and that they be charged by the Presbyteries, under the pain of excommunication: Seeing the word of God cannot bee keeped in sincerity, unlesse the holy Discipline be preserved. The Presbyteries were ordained to get a coppie under the Clerks hand; there were sundrie coppies subscribed by the Ministers in the Presbyteries yet extant, as Hadingtoun, Dumfermling, &c. produced before the Assembly.

In the Assembly 1591. Sess. 4. The former act anent the subscription to the book of Policie is renewed, and a penaltie imposed upon the Moderatour, in case it be not put in execution.

In the Assembly 22. May 1592. Sess. 2. These articles were drawn up. That the acts of Parliament made 1584. against the Discipline, libertie and authoritie of the Kirk be annulled, and the samine discipline, whereof the Kirk hath been in practise, precisely ratified. That Abbots, Priors, and other Prelats pretending the title of the Kirk, be not suffered in time coming. In the 11. Session the number of the Presbyteries were given up, and insert in the Parliament immediatly following. The fifth of June 1592. The libertie, discipline, and jurisdiction of the true Kirk, in her Sessions, Presbyteries, Synodal and general Assemblies, is largely ratified, as the samine was used, and exercised within this Realme, and all the acts contrary thereto abrogat: The Kings prerogative declared not to be prejudicial to the same priviledges grounded upon the word of God, the former commissions to Bishops 1584. rescinded, and all Ecclesiastical matters, subjected to Presbyteries, according to the discipline of this Kirk. Anno 1595. The book of Policie with other acts is ratified and ordained to be printed.

It was also cleared that Episcopacie was condemned in these words of the Confession, HIS WICKED HEIRARCHIE. For the Popish Hierarchie doth consist of Bishops, Presbyters, and Deacons, that is baptizing and preaching Deacons: For so it is determined in the councel of Trent, in the 4. chap. De Sacramento ordinis, can. 6.

(M1) Si quis dixerit in ecclesia Catholica non esse heirarchiam divina ordinatione institutam, quae constat ex Episcopis. Presbyteris & ministris, anathema sit. Bellarmine likewise in his book De Clericis. cap. 11. saith, That there are three Hierarchies in the militant Kirk: The first of Bishops, the second of Priests, the third of Deacons, and that the Deacons are also Princes, if they be compared with the people: This proposition following; Hierarchia ecclesiastica constat ex Pontifice, Cardinalibus, Archiepiscopis, Episcopis & Regularibus, was censured by the Facultie of Theologie in the Universitie at Paris, as followeth, Inicta prima propositione enumeratio membrorum hierarchiae ecclesiasticae sen sacri principatus, divina ordinatione instituti est manca & redundaus atque, inducens in errorem contrarium determinationi sacrae Sinodi Tridentinae: The proposition was defective, because it pretermitted the Presbyters and Deacons; it was censured as redundant, because it made the Hierarchie to consist of the Pope, Cardinals, Archbishops, and Regulars; the Pope is not within the Hierarchie of Primats, Metropolitanes, and Archbishops, but as they are Bishops. Furthermore, this Hierarchie is distinguished in the confession from the Popes monarchie. And howbeit this Hierarchie be called the Antichrists Hierarchie, yet it is not to distinguish betwixt the Hierarchie in the Popish Kirk, and any other as lawful: But the Hierarchie, wheresoever it is, is called his, as the rest of the Popish corruptions are called his: To wit, Invocation of Saints, canonisation of Saints, dedication of Altars, &c. are called his, not that there is another lawfull canonization, invocation, or dedication of altars: whatsoever corruption was in the Kirk, either in doctrine, worship, or government since the ministry of iniquitie began to work, and is retained, and maintained, by the Pope, and obtruded upon the Kirk by his authority, are his. A passage also out of the history of the councell of Trent was alledged, where it is related, that the Councell would not define the Hierarchie by the seven orders: we have in our confession of Faith the manifold orders set apart and distinguished from the Hierarchie, but as it is set down in the cannon above cited: We have in the book of Policie or second booke of Discipline, in the end of the second chapter, this conclusion agreed upon. Therefore all the ambitious titles invented in the kingdome of Antichrist, and in his usurped HIERARCHIE which are not of one of these four sorts, To wit, Pastours, Doctours, Elders, and Deacons, together with offices depending thereupon, in one word ought to be rejected.

All which and many other warrands being publickly read, and particularly at great length examined, and all objections answered in face of the Assembly, all the members of the Assembly being many times desired and required to propone their doubts, and scruples, and every one being heard to the full, and after much agitation as fully satisfied; the Moderatour at last exhorting every one to declare his minde, did put the matter to voicing in these termes: Whether according to the confession of faith, as it was professed in the year 1580. 1581. and 1590. There be any other Bishop, but a Pastour of a particular flock, having no preheminence nor power over his brethren, and whether by that Confession, as it was then professed, all other episcopacie is abjured, and ought to bee removed out of this Kirk. The whole Assembly most unanimously, without contradiction of any one (and with the hesitation of one allanerly) professing full perswasion of minde, did voice, that all Episcopacie different from that of a Pastour over, a particular flock, was abjured in this Kirk, and to be removed out of it. And therefore Prohibites underr ecclesiasticall censure any to usurpe accept, defend, or obey the pretended authoritie thereof in time coming.



Act. Sess. 17. December 10. 1638.



The Assembly at Glasgow, declaring the five Articles of Perth to have been abjured and to bee removed.

The Assembly remembring the uniformity of worship which was in this Kirk, before the articles of Perth, the great rent which entered at that time, and hath continued since, with the lamentable effects, that it hath produced both against Pastours, and professours, the unlawfulnesse and nullitie of Perth Assembly already declared by this Assembly, and that in the necessarie renewing of the confession of Faith in February 1638. the practice of novations introduced in the worship of God, was suspended, till they should be determined in a free generall Assembly: and that in the same year at his Majesties command some had subscribed the confession of Faith, as it was professed when it was first subscribed: For these causes the Assembly entered into a diligent tryall of the foresaid articles, whether they be constant to the confession of Faith, as it was meaned and professed in the year 1580. 1581. 1590. and 1591. And findeth that first in generall: In the confession of Faith we professe, We willingly agree in our consciences to the forme of Religion, of a long time openly professed by the Kings Majestie, and Whole body of this Realme in all points, as unto Gods undoubted truth and verity, grounded only upon his written word, and therefore abhor and deteste all contrary Religion and Doctrine, but chiefly, all kinde of papistrie in generall and partrcular heads, even as they were then damned and confuted by the Word of God and Kirk of Scotland, and in speciall the Romane Antichrist his five bastard sacraments, with all rites, ceremonies and false doctrine, added to the ministration of the true Sacraments, without the word of God, his cruell judgement against Infants departing without the Sacrament, his absolute necessitie of baptisme, and finally, we deteste all his vain allegories, rites, signes, and traditions brought into the Kirk without, or against the word of God, and doctrine of this true reformed Kirk, to the which we joyne our selves willingly in Doctrine, Faith, Religion, Discipline, and use of the holy Sacraments, as lively members of the same in Christ our Head; promising and swearing, &c. And that these five articles are contrarie to the Religion then professed, were confuted by the word of God, and Kirk of Scotland, or are rites, and ceremonies, added to the ministration, of the true Sacraments, without the word God, or nourish the popish judgement against Infants departing without the Sacrament, or absolute necessitie, of Baptisme or rites, signes, and traditions brought in to the Kirk, with out or against the word of God, and doctrine of this true reformed Kirk.

And next in particular, concerning festivall dayes, findeth, that in the explication of the first head, of the first book of Discipline, it was thought good that the feasts of Christmas, Circumcision, Epiphanie, with the feasts of the Apostles, Martyres, and Virgine Mary, bee utterly abolished, because they are neither commanded nor warranded by Scripture, and that such as observe them be punished by civill Magistrats. Here utter abolition is craved, and not reformation of abuses only, and that because the observation of such feasts hath no warrand from the word of God. In the generall Assembly holden at Edinburgh Anno 1556. the large confession of Helvetia was approved, but with speciall exception against the same five dayes, which are now urged upon us. It was not then the Popish observation only, with the Popish opinion of worship and merit, which was disallowed; (for so the reformed Kirk in Helvetia did not observe them) but simpliciter all observation. For this end was read a letter in Latine, sent at that time by some of our divines to certaine divines in these parts to this purpose. In the Assembly holden 1575. in August, complaint was made against the Ministers and Readers beside Aberdene; because they assembled the people to preaching and prayers upon certane festival dayes: So that preaching and prayers upon festival dayes was judged rebukable. It was ordained likewise, that complaint be made to the Regent, upon the town of Drumfreis, for urging and convoying a Reader to the Kirk with Tabret and Whistle, to read Prayers, all the holy dayes of Christmas, upon the refusal of their own Reader. Among the articles directed by this Assembly to the Regent: It was craved that all holy dayes hereto-fore keeped holy, beside the Lords day, such a Yooleday, and Saints dayes, and such others may bee abolished, and a certain penaltie appointed for banqueting, playing, feasting upon these dayes. In the Assembly holden in April, Anno 1577. It was ordained that the visitors with the advice of the Synodal Assembly, should admonish Ministers, preaching or ministrating the Communion at Easter, or Christmas, or other like superstitious times, or Readers reading, to desist, under the paine of deprivation. In the ninth head of the first book of Discipline, the reason is set down against Easter Communion. Your honours are not ignorant how superstitiously the people run to that action at Pascheven; as if the time gave vertue to the Sacrament, and how the rest of the whole year, they are carelesse and negligent, as if it appartained not to them, but at that time only. And for this reason, other times were appointed by that book, for that holy action. In the Assembly holden 1596. begun in March 1595. at which time the Covenant was renewed, superstition and idolatrie breaking forth in observing festival dayes; setting out of bone-fires, singing Carols, are reakoned amongst the corruptions which were to be amended: And the Pulpits did sound from time to time, against all shew of observing any festival day whatsoever, except the Lords day.

Concerning kneeling at the Communion, findeth that in the confession of Faith prefixed before the Psalmes, and approved by our Kirk in the very beginning of the reformation, we have these words, Neither in the ministration of the Sacraments, must we follow men: but as Christ himself hath ordained, so must they be ministred. In the large confession of Faith chap. 23. It is required as necessary, for the right ministration of the Sacraments, that they bee ministred in such elements, and in such sort, as God hath appointed, and that men have adulterate the Sacraments with their own inventions: So that no part of Christs action abideth in the originall puritie. The judgement of our reformers, who drew up the large Confession, was by cleare evidents shewed to be contrary to this gesture in the act of receiving the Sacrament. In the order of celebrating the Lords Supper, prefixed before the Psalmes in meeter, sitting and distributing by the Communicants, are joined: as likewise by the second head of the first book of Discipline, as nearest to Christs own action, and to his perfect practise, and most convenient to that holy action, and all inventions devised by man are condemned, as alterations and accusations of Christs perfect ordinance: Ministers were enjoyned by act of Assembly in December 1562. To observe the order of Geneva: that is the English Kirk at Geneva: where Master Knox had been sometime Minister, in the ministration of the Sacraments. This act was renewed in the Assembly holden in December 1564. where Ministers are referred to the order set down before the Psalmes, for ministration of the Sacraments; which is all one with the former: for that was the order of the English Kirk at Geneva.

In the Parliament holden Anno 1567. It was declared that whosoever did not participate of the Sacraments, as they were then publickly administrat in this reformed Kirk ought not to be reputed members of this Kirk. The act for the Kings oath at his coronation, to maintain the due administration of the Sacraments, as they were then ministred, Anno 1567. Was ratified Anno 1581. At which time the short Confession, adhering to the use of the Sacraments, in the Kirk of Scotland, was subscribed: as also Anno 1592. after the second Subscription to the confession of Faith. In the Parliament 1572. an act was made against such as did not participat of the Sacraments as they were then rightly ministered: But the gesture of kneeling, in the act of receiving, putteth the ministration of the Sacraments used in this Kirk out of frame: whereby it is clear that whatsoever gesture or rite, cannot stand with the administration of the Sacraments as they were then ministred and were ministred ever since the reformation, till the year 1618. must bee condemned by our Kirk as a rite added to the true ministration of the Sacraments without the word of God, and as rite or tradition brought in without, or against the word of God, or doctrine of this reformed Kirk.

III. Concerning Confirmation; The Assembly findeth it to be comprehended in the clause of the Confession, where the five bastard Sacraments are condemned. And seeing Episcopacie is condemned, imposition of hands by Bishops falleth to the ground. And in all the acts for catechising or examination before admission to the communion, no inkling of imposition of hands.

IIII. Concerning the administration of the Sacraments _in private places_, or private baptisme, and communion; findeth that in the book of common order, set down before the Psalmes, it is said, _That the Sacraments art not ordained of God to be used in private corners, as charmers and sorcerers use to doe, but left to the Congregation._ In the Assembly holden at _Edinburgh_ in _October Anno 1581._ the same year and Assembly, that the confession of Faith was subscribed: It was ordained, _that the Sacraments be not administred in private houses, but solemnly according to good order hither to observed_. The Minister of _Tranent_ was suspended at that time, for baptizing an infant in a private house: but confessing his offence, he was ordained to make his publick repentance in the Kirk of _Tranent_, before he be released. Another Minister was to be tried, and censured, for baptizing privately, and celebrating the Communion upon _Pasch-day_, at the Assembly holden in _October _ 1580._ Which acts and censures make manifest, that our Kirk abhorred whatsoever fostered the opinion of the necessitie of Baptisme, and giving of the Sacrament, as a _viaticum_.

All which, and many other acts, grounds, and reasons, being at length agitated, and with mature deliberation pondered, and libertie granted to every man to speak his minde; what could be said further, for the full satisfaction of all men.

The matter was put to voicing, in these words: Whether the five articles of Perth, by the confession of Faith, as it was meaned and professed in the year 1580. 1581. 1590. 1591. ought to be removed out of this Kirk: The whole Assembly all in one consent, one onely excepted, did voice that the five articles above specified were abjured by this Kirk, in that Confession, and so ought to be removed out of it: And therefore prohibiteth and dischargeth all disputing for them, or observing of them, or any of them, in all time comming, and ordains Presbyteries to proceed with the censures of the Kirk against all transgressours.



Act. Sess. 21. December 17. 1638.

Concerning Kirk Sessions, provinciall and nationall Assemblies, the generall Assembly considering the great defection of this Kirk, and decay of Religion, by the usurpation of the Prelates, and their suppressing of ordinaire judicatories of the Kirk, and clearly preceiving the benefit which will redound to the Religion by the restitution of the said judicatories, remembring also that they stand obliged by their solemne oath, and covenant with God, to return to the doctrine and discipline of this Kirk; as it was profest 1580, 1581, 1590, 1591. which in the book of Policie, registrat in the books of the Assembly 1581. and ordained to be subscribed, 1590, 1591. is particularly exprest both touching the constitution of the Assemblies, of their members, Ministers, and Elders, and touching the number, power, and authority of these members, in all matters ecclesiastical.

The Assembly findeth it necessar to restore, and by these presents restoreth all these Assemblies unto their full integritie in their members, priviledges, liberties, powers, and jurisdictions; as they were constitute by the foresaid book of Policie.



Act. Sess. 23, 24. December 17. 18.

Anent the report of the Committie, appointed for considering what constitutions were to be revived, or made of new, they proponed the overtures following: which were read and allowed by the whole Assembly, or by them referred to the consideration of the severall Presbyteries.

Anent Presbyteries which have been erected since the year 1586. It seemeth needfull, that they bee ratified by an act of this generall Assembly, and that other Presbyteries shall be erected, where they shall be found needfull, and especially now in the Synod of Lismore, according to the particular note given there anent.

The Assembly ratifieth these Presbyteries since 1486. and erected those in Lismore, conforme to the note registrat in the books of Assembly.

Anent the keeping of Presbyteriall meetings; It is thought fit that they be weekly, both in Sommer and Winter, except in places farre distant, who during the winter season, (that is between the first of October and the first of April) shall be dispensed with for meeting once in the fourteen dayes, and that all absents be censured, especially those who should exercise and adde, according to the Act of Assembly 1582. at St. Andrews, April 24. Sess. 12. and that some controverted head of doctrine bee handled in the presbyterie publikly, and disputed among the brethren, every first Presbyterie of the Moneth, according to the act of Assembly holden at Dundie 1598. Sess. 12.

The Assembly alloweth this Article.

Anent the visitation of particular Kirks within Presbyteries; It is thought expedient that it be once every year, wherein a care is to be had, among other things necessary, that it bee tryed, how domestick exercises of Religion be exercised in particular families, and to see what means there is in every Parish in Landward, for catechising and instructing the youth.

The Assembly alloweth this article.

IV. Anent the visitation of Kirks, Schooles, and Colledges: It is thought meet that the acts of Assembly holden at Edinburgh the 25. of Junie 1565. Sess. 2. be put in execution: that the Ministers of the parochin, the Principall, Regents, and professours within Colledges, and Masters, and Doctors of Schooles, be tryed concerning the soundnesse of their judgement in matters of Religion, their abilitie, for discharge of their calling, and the honesty of their conversation: as the act of Assembly at Edinburgh, Juni 21. 1567. Sess. 3. And the act of the Assembly holden at Montrose. 1595. Sess. 9. do import: and this visitation of Colledges to be by way of commission from the generall Assembly.

The generall Assembly alloweth this article.

V. Anent none residents: It is thought necessary, that every Minister be oblished to reside in his own Parochin at his ordinarie Manse, for the better attending of the duties of his calling, conforme to the Acts of Assemblies, viz. act of Assembly at Edinburgh, March 24. 1595. Sess. 7. as also act at Edinburgh, December 25. 1563. Sess. 5. and Assembly at Edinburgh, December 25. 1565. Sess. 4. Assembly at Edinburgh, March 6. 1572. Sess. 3.

The Assembly alloweth this article.

VI. Anent the planting of Schools in Landward, the want whereof doth greatly prejudge the grouth of the Gospel and procure the decay of Religion: The Assembly giveth direction to several Presbyteries for the setling of Schooles in every Landward Parochin, and providing of men able for the charge of teaching of the youth, publick reading and precenting of the Psalme, and the catechising of the common people, and that means be provided for their intertainment, in the most convenient manner that may be had, according to the abilitie of the Parochin.

The Assembly alloweth; and referreth the particular course unto the severall Presbyteries.

VII. Anent the late admission of Ministers by Presbyteries, and the choise of Moderatours, according to the ancient power of the said Presbyteries: The Assembly declareth they had power to doe the same, and ratifieth that what hath been done of late of that kinde upon warrantable grounds, that here after it be not called in question.

The Assembly alloweth this article.

VIII. Anent the competencie of Presbyteries and parochins, that some proportion may be keeped, both anent the number and distance of place: It would seem expedient that this generall Assembly should appoint a Commission for every Shyre, where there is such necessitie, that the particular Parochins and Presbyteries within the bounds be duely considered, and overtures be these of the same commission given in to the provinciall Synods, and by them to the generall Assembly, that there they may be advised, and ratified.

The Assembly referreth this to the care of the particular presbyteries.

IX. Anent the entrie and conversation of Ministers: It is expedient that the act of Assembly holden at Edinburgh, March 24. 1595. Sess. 7. be ratified, and put in execution in every Presbyterie, and to that end, that they get a coppie thereof, under the Clerks hand whereof the tennour followeth.

Act Sess. 7. March 26. of the Assembly at Edinburgh 1596.

"_Concerning the_ defections in the ministerie, _the same being at length read out, reasoned, and considered; The brethren concluded the same, agreeing there-with: and in respect that by Gods grace, they intend reformation, and to see the Kirk and ministery purged; to the effect the worke may have better successe, they think it necessar that this Assembly be humbled, for wanting such care as became in such points, as is set down; and _ some zealous and godly brethren in doctrine, lay them out for their better humiliation; and that they make solemne promise before the Majestie of God; and make new covenant with him for a more carefull and reverent discharge of their ministerie. To the which effect was chosen_ Mr. John Davidson; _and Twesday next at nine houres in the morning appointed, in the new Kirk, for that effect: whereunto none is to resort, but the ministrie: the forme to bee advised the morne in privie conference._"

The tennour of the advise of the brethren; depute for penning the enormities and corruptions in the ministerie, and remead thereof, allowed by the generall Assembly here conveened. 1596.

Corruptions in the office.

"For as much as by the too sudden admission and light tryall of persons to the ministrie, cometh to passe that many scandals fall out in the persons of ministers: it would be ordained in time comming, that more diligent inquisition and triall be used of all such persons as shall enter into the ministrie.

"As specially these points. That the intrant shall be posed upon his conscience, before the great God, (and that in most grave manner) what moveth him to accept the office and charge of the ministrie upon him.

"That it be inquired, if any by solistation, or moyen, directly or indirectly, prease to enter in the said office: And, if it bee found, that the solister be repelled; and that the Presbyterie repell all such of their number from voting in the election or admission as shall bee found moyeners for the soliciter, and posed upon their conscience to declare the truth to that effect.

"Thirdly, because by presentations, many forcibly are thrust into the ministery, and upon Congregations, that utter thereafter that they were not called by God: It would bee provided that none seeke presentations to Benefices without advice of the Presbyterie within the bounds whereof the benefice is, and if any doe in the contrarie, they to be repelled as rei ambitus.

"_That the triall of persons to be admitted to the ministrie hereafter, consist not only in their learning and abilitie to preach, but also in conscience, and feeling, and spiritual wisedome, and namely in the knowledge of the bounds of their calling in doctrine, _ discipline, and wisedome, to behave himselfe accordingly with the diverse ranks of persons within his flock, as namely with Atheists, rebellious, weak consciences, and such other, wherein the pastoral charge is most suited, and that he be meet to stop the mouthes of the adversaries; and such as are not qualified in these points to be delayed to further tryal; and while they be found qualified. And because men may be found meet for some places who are not meet for other, it would be considered, that the principall places of the Realme be provided by men of most worthie gifts, wisedome and experience, and that none take the charge of greater number of people nor they are able to discharge: And the Assembly to take order herewith, and the act of the provinciall of Louthain, made at_ Linlithgow, _to be urged._

"That such as shall bee found not given to their book and studie of Scriptures, not Carefull to have books, not given to sancification and prayer, that studie not to bee powerful and spiritual, not applying the doctrine to corruptions, which is the pastorall gift, obscure and too scholastick before the people, cold, and wanting of spiritual zeal, negligent in visiting of the sick, and caring for the poore; or indifferent in chosing of parts of the word not meetest for the flock, flatterers and dissembling at publick sins, and specially of great personages in their congregations, for flattery, or for fear, that all such persons bee censured, according to the degree of their faults, and continuing therein, bee deprived.

"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 universal order throughout the Realme, &c. and such like as are negligent herein, and continue therein after admonition, be deposed._

"That none falling in publick 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 here-to, and specially in the doctrine of repentance, which being neglected, the publick 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 acts 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 suchlike, 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, marchandise, 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 laws of the Realme: otherwise the burthren 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 excercises 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, foresaid 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 Ministers, for his publick offence, or to bear with him, as though his Minister, were too severe upon him, under 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 Presbyterie, 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 Jesuit there be 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 general 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 license 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 the year 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 general or provincial 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 severall 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 profanation 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, _ July 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 judgement and tyrannous authoritie of the pretended Prelats, is 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.

XX. Since the office of Diocesane, or lordly Bishop, is utterly abjured, and removed out of this Kirk: It is thought fit that all titles of dignitie, favouring more of poperie than of Christian libertie, as Chapters with their elections and consecrations, Abbots, Priors, 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 ecclesiastical 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, & 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 Mariage 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 funeral sermons, as favouring 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 publickly, 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 & 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 Assembly, given in by the most ancient of the Ministrie within every Province, as the ancient plate-forme thereof, ordained the same to be observed, conforme to the roll, registrat in the books of Assembly, whereof the tennour followeth.

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The order of the Provincial Assemblies in Scotland, according to the Presbyteries therein contained.

1. The Provincial Assembly of Mers and Tividail.

The Presbyteries of Dunce. Chirnside. Kelso. Ersliltoun. Fedburgh. Melros.

The bounds. Mers. Tividail. The Forrest. Lauderdail.

To meet the first time at Fedburgh, the third Twesday of April.

2. The Provincial of Louthian.

The Presbyteries of Dumbar. Hadingtoun. Dalkeeth. Edinburgh. Peebles. Linlithgow.

The bounds. east Louthian. w. Louthian. Tweeddail.

To meet the first time at Edinburgh the third Twesday of April.

3. The Provincial of Perth.

The Presbyteries of Perth. Dunkel. Aughterardor. Striviling. Dumblane.

The bounds. The Shyresdome of Perth and of Striviling Shire.

To meet the first time at Perth, the second Twesday of April.

4. The Province of Drumfrees.

The Presbyteries of Dumfrees. Penpont. Lochmabane. Middilbee.

The bounds. Niddisdaill. Annandaill. Ewsdaill. Eskdail. Wachopdaill. & a part of Galloway.

To meet the first time at Drumfrees, the second Twesday of April.

5. The Provincial of Galloway.

The Presbyteries of Wightoun. Kirkubright. Stanraver.

The bounds. The Shyresdome of Wigtoun, and Stemartie of Kirkubright.

To meet the first time at Wigtoun, third Twedsay of April.

The Provincial Synod of Aire or Irwing.

The Presbyteries of Aire. Irwing.

The bounds. The Shyresdome of Aire.

To meet with the Provincial Synod of Glasgow pro hac vice, the first Twesday of April.

6. The Provincial Synod of Glasgow.

The Presbyteries of Pasley. Dumbartane. Glasgow. Hammiltoun. Lanerik.

The bounds. The Shyr. of Lennox, the Barrony of Renfrow, the Shy. of Clydsdail over and nether.

To meet with the Provinciall Synod Synod of Aire and Irwing at Glasgow, pro hac vice.

7. The Provincial Synod of Argyl, desired to bee erected in several Presbyteries, according to the note given in.

The Presbyteries of Dunune. Kinloch. Inneraray. Kilmoir. Skye.

The bounds. The Shyrisdomes of Argil & Boot, with a part of Loohabar.

To meet the first time at Innereray, the fourth Twesday of April.

8. The Provincial Synod of Fife.

The Presbyteries of St. Andrews. Cowper. Kirkadie. Dumfermling.

The bounds. The Shyresdome of Fife.

To meet the first time at Cowper in Fife the first Twesday of April.

9. The Provincial Synod of Angus and Merns.

The Presbyteries of Meegle. Dundie. Arbroth. Forfair Brechen Merns.

The bounds. The Shyresdomes of Forfair and Merns.

To meet the first time at Dundie, the third Twesday of April.

10. The Provincial Synod of Aberdene.

The Presbyteries of Aberdene. Kincairdin. All-foord. Garioch. Ellan Deer. Turreffe. Fordyce.

The bounds. The Shyresdomes of Aberdene and Bamfe.

To meet the first time at new Aberdene the 3 Twesday of April.

11. The provincial Synod of Murray.

The Presbyteries of Innernes. Forresse. Elgin. Strabogie. Abernethie. Aberlower.

The bounds. The Shyresdomes of Innernes in part, Nairn in part, Murray Bamf in part, Aberden in part.

To meet the first time at Forresse the last Twesday of April.

12. The provincial Synod of Rosse.

The Presbyteries of Chanrie. Taine. Dingwall.

The bounds. The Shyresdome of Innernes in part.

To meet the first time at Chanrie, the second Twesday of April.

13. The provincial Synod of Cathnes.

The Presbyteries of Dornoch. Weeke. or Thurso.

The Bounds: Cathnes. Sutherland.

To meet the first time at Dornoch, the third Twesday of April.

14. The provincial Synod of Orkney and Zetland.

The Presbyteries of Kirkwall. Scalloway.

The Bounds: The Shyresdome of Orkney and Zetland.

To meet the first time at Kirkwall, the second Twesday of April.

15. The Provinciall Synod of the Isles

All the Kirks of the North-west Isles, viz. Sky, Lewes, and the rest of the Isles, which were lyable to the Diocie of the Isles, except the South-west isles which are joyned to the Presbyteries of Argyll, To meet the first time at Skye the second Twesday of May.

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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 remembred 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 bee keeped in time comming: viz. The Provincials of Louthian, and Mers, &c. The Provincials of Drumfreis, 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 tennor 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 whyte 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 Commmissioners 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. 14. 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 Ministerial function, refuseth themselves, and with-draw others from the obedience of the acts of the Assembly.



Act. Sess. 25. December 19. 1638.



Against the civil places and power of Kirk-men.

The generall Assembly, remembering that among other causes of the application of the confession of Faith to the present time, which was subscribed in February 1638. The clause touching the civill places and power of Kirk-men, was referred unto the tryal of this Assembly; entered into a serious search thereof, especially of their sitting on the bench, as Justices of peace, their sitting in Session and Councel, their riding and voting in Parlament: and considering how this vote in Parliament, was not at first sought nor requyred by this Kirk, 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 nor 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 provincial Assemblies, against this restitution of Bishops to vote in Parliament, and against all civil offices in the persons of Pastors, separate unto the Gospel, as incompatible with their spiritual 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 powerful fruits of their spiritual 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 counsel in matters concerning the Kirk or the Conscience of any whatsomever, to his Majestie, to the Parliament, to the Councel, or to any members thereof, for their resolutions from the word of God, So on the other part, that it is both in-expedient, and unlawful in this Kirk, for Pastors separate unto the Gospel to brook civil places, and offices, as to be Justices of peace; sit and decerne in Councel, Session, or Exchecker; to ride or vote in Parliament, to be Judges or Assessors in any Civil 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 coming.



Act Sess. 26. December 20. 1638.

The Assembly considering the great prejudice which Gods Kirk in this land, hath sustained these years by-past, by the unwarranted printing of lybels, pamphlets, and polemicks; to the disgrace of Religion, slander of the Gospel, infecting and disquyeting the mindes of Gods 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 contraversies of this time, or any other treatise whatsoever which may concerne the Kirk of Scotland, or Gods cause in hand, without warrand subscribed by Mr. Archbald Johnston, 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 Ecclesiastical censures to be execute against the transgressours by the several Presbyteries, and in case of their refusal, by the several Commissioners from this Assembly: Whereunto also we are confident, the honourable Judges 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 severall Commissions to summond them to compear before the next generall Assembly to be holden at Edinburgh, the third Wedinsday of Julie, to abide their tryall and censure.



Act Sess. 26. December 20. 1638.

The Assembly considering the acts and practise of this Kirke 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, Burghes 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 diposed 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 Kirk-men, till they be tryed in a free general 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 unlawful; 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 Faith 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, bearing 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 in-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, Councel, 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 royal 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 Ecclesiastical authority, prohibiteth and dischargeth, that no member or this Kirk swear or subscribe the said Confession, so far wreasted to a contrary meaning, under paine of all Ecclesiastical 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 general Assemblies, which are taken from the light of nature, the promise of Jesus Christ, the practise of the holy Apostles, the doctrine and custome of other reformed Kirks, and the liberty of this national 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 lawful Assemblies, and the great benefite arysing to the Kirk, from this one free and lawful 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 year-ly 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 Julie 1639. And warneth all Presbyteries, Universities, and Burghes, to send their Commissioners for keeping the same. Giving power also to the Presbytery of Edinburgh, pro re nata: and upon any urgent extraordinarie necessity (if any shall happen before the diet appointed in Julie) 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.



Ordaining an humble supplication to be sent to the Kings 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 surmisse 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 thankfulnesse for so Royal 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 glory, and the comfort of quietness 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 Majestie:

The humble Supplication of the general Assembly of the Kirk of Scotland, conveened at Glasgow, November 21. 1638.

Most gracious Soveraigne,

We your Majesties most humble and loyal 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 Justice, of truth and peace, when it pleaseth the Supreame Providence so to dispose, that princely power and ecclesiastical 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 general Assembly: and remembring that for the present, a more true and real testimonie of our unfained acknowledgement, could not proceed from us your Majesties duetyful Subjects, then to walke worthie of so royal a favour: It hath been our greatest care and serious endevour, next unto the will of JESUS 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 personal 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 lawful 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 every thing to approve our selves 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 be found to have proceeded, rather from an unwillingnesse that we should any longer sit, then from any ground or reason, which may endure the tryal either of your Majesties Parliament, or of your own royall Judgement, 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 ruin of all: wherein wee are so far from fearing the light, least our deeds should be reproved, that the more accuratly 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 be 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 knoweth, 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 misconstrued, 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 judgement, 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 whith 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 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 Kindome 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 threatned: 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 reestablishment 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 Sun-shine, 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 Diadem, 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.



Collected, visied, and extracted forth of the Register of the acts of the Assembly by me Mr A. Jhonston Clerk thereto, under my signe and subscription manuall.

Edinburgh, the 12. of Jan. 1639.



THE GENERAL ASSEMBLY, AT EDINBURGH, 1639.



Sess. 8. August 17. 1639.



Master George Grahame his renouncing and abjuring of Episcopacie.

The which day was given into the Assembly, direct from Master George Grahame, sometimes pretended Bishop of Orknay, an abjuration of Episcopacie, subscribed with his hand, which was publickly read in audience of the Assembly; and thereafter they ordained the same to be registrat in the assembly Books ad perpetuam rei memoriam, whereof the tenor follows.

To all and sundry whom it effects, to whose knowledge these presents shall come, specially to the reverend and honourable Members of the future Assembly to be holden at Edinburgh, the twelfth day of August 1639. years: Me Master George Graham, sometime pretended bishop of Orknay, being sorry and grieved at my heart that I should ever for any wordly respect have embraced the order of Episcopacie, the same having no warrand from the Word of God, and being such an order, as hath had sensibly many fearful and evill consequences in many parts of Christendome, and particularly within the Kirk of Scotland, as by doleful and deplorable experience this day is manifest, to have disclaimed, like as I by the tenor hereof doe altogether disclaime and abjure all Episcopal power and jurisdiction, with the whole corruptions thereof, condemned by lawful Assemblies within the said Kirk of Scotland, in regard the same is such an order as is also abjured within the said Kirk, by vertue of that National Oath with was made in the years 1580. and 1581. promising and swearing by the great Name of the Lord our God, That I shall never whiles I live, directly or indirectly, exerce any such power within the Kirk, neyther yet shall I ever approve or allow the same, not so much as in my private or publike discourse: But on the contrary, shall stand and adhere to all the Acts and Constitutions of the late Assembly holden at Glasgow, the 21. of Novemb. 1638. last by-past, and shall concurre to the uttermost of my power, sincerely and faithfully, as occasion shall offer, in execution the said Acts, and in advancing the Work of Reformation within this Land, to the glory of God, the peace of the Countrey, and the comfort and and contentment of all good Christians, as God shall be my help. In testimony of the which premisses, I have subscribed thir presents with my hand at Breeknes in Stronnes, the eleventh day of February, the year of God 1639. years, before thir witnesses Master Walter Stuart, Minister at Shoutronnaldsay, Master James Heynd, Minister at Kirkwall, Master Robert Peirson, Minister at Firth, and Master Patrick Grahame, Minister at Holme, my Son.



Sess. 8. August 17. 1639.



Act containing the Causes and Remedie of the by-gone Evils of this Kirk.

The Kings Majestie having graciously declared, That it is His Royal will and pleasure, that all questions about Religion, and matters Ecclesiastical be determined by Assemblies of the Kirk, having also by publike Proclamation indicted this free national Assembly, for setling the present distraction of this Kirk, and for establishing a perfect peace, against such divisions and disordres as have been sore displeasing to his Majestie, and grievous to all his good Subjects. And now his Majesties Commissioner John Earle of Traquair, intrusted 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 & 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 material 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, & the seeds of manifold grosse Superstitions and Idolatry, with a Book of Canons, without warrand or direction from the general Assembly, establishing tyrannicall power over the Kirk in the person of Bishops, and overthrowing the whole discipline & 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-sensures. 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 Kirkmen, 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 downe 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 voting 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 pomp, 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, 1617. At Perth, 1618. which ar null and unlawful, 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 withal laboring to introduce novations into this Kirk, against the order and religion established. A sixth cause is the want of lawful & free General 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 ordain, 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 Cannons, and Ordinaination, 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 accounted as null, and of none effect. And that for preservation of Religion, and preventing all such evill in time-coming, Generall Assemblies rightly constitute, as the proper and competent judge of all matters Ecclesiasticall, heereafter 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 evills) 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. 18. Aug. 26. 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 validity, 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 validity and sufficience 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 validity, 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 sixt 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, do 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 publike faith in judgement and outwith, as a valid and true Record in all things, And finds 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 (formerly perused by us) are. And in testimonie of our solemne affirmation we have subscribed these presents with our hand, at Edinburgh the 14. day of August 1639.



Act Sess. 19. August 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 several Commissions granted by the Assembly at Glasgow, All in one voice approved the saids whole Processes as orderly proceeded, and the whole sentences pronounced therein till, as just and lawful 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 complain of their processe, and offers to reduce the same upon whatsoever reason competent, by the Constitutions of this Kirk and Kingdome, before the General Assembly and the Commissioners thereof, they being appointed for that effect.



Act Sess. 20. Aug. 28. 1639.



Act anent receiving of deposed Ministers.

The which day the General Assembly upon the report of the Committees anent these who are deposed by Synods, Doe make this General Act, recommending to the Synods all these who are deposed befor them for subscribing of the Declinator, & reading of the Service book and for no other grosse cause, That upon their true repentance & submission to the Constitutions of this Kirk & 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 Synod as capable of the Ministrie, when God grants them an ordinary and lawful calling by admission from the Presbyterie, either in the Church they served in before, or in any other Church.



Act Sess. 21. August 29. 1639.



Act anent the keeping of the Lords Day.

The General 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 renues 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 only in harvest and seed-time, but also every Sabbath, by fishing both of the 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 pecunial paine may be injoyned upon the contraveeners of this present Act.



Act Sess. 22. Aug. 29. 1639. a Meridie.



Articles and Overtures approved by the Assembly.

That some Commissioners be appointed to visit and peruse the whole Acts of General Assemblies, and to marke such Acts as are for the use of the Kirk in General, 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 Assembly appoints the Presbyterie of Edinburgh, 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 in conveniences.

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 General 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. 23. August 30. 1639.



The Supplication of the General Assembly to the Kings Majesties Commissioner, concerning the Book, called, The large Declaration.

We 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 evills 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 Royal Name and Authoritie to the patrocinie 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 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 Durham, who is known and hath professed to be the author, at least a vower and maintainer of a great part thereof; that by their examplar 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 infinitly 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 & prosperous Reigne.