Chapter VII: Act 131: , Par. 8, K. Ja. 6, and the subjects’ liberties, who ought (4)

XI. Anent the _repressing of poperie and superstition;_ It seemeth expedient that the number and names of all the Papists in this Kingdome be taken up at this Assembly, if it may be conveniently done, and if not, that it be remitted to the next provincial Assemblies, that it may appear what grouth poperie hath had, and now hath through this Kingdome, what popish priests, and Iesuits there born in the land; and that all persons of whatsoever state and condition, be obliged to swear and subscribe the confession of Faith, as it is now condescended upon by this generall Assembly, that they frequent the word and Sacraments in the ordinar dyets and places, otherwise to proceed against them with the censures of the Kirk, and that children be not sent out of the countrey without licence of the Presbyteries or provinciall Synods of the bounds where they dwell.

The Assembly referreth this article to the severall Presbyteries.

XII. Anent order to be taken that the Lords Supper be more frequently administrat both in burgh and landward, then it hath been in these years by-gone: It were expedient that the act at Edinburgh December 25. 1562. Sess. 5. bee renewed, and some course bee taken for furnishing of the elements, where the Minister of the Parish hath allowance only for once in the year.

The Assembly referreth this to the consideration of Presbyteries, and declareth that the charges be rather payed out of that dayes collection, then that the Congregation want the more frequent use of the Sacrament.

XIII. Anent the entrie of Ministers to the ministrie: The Assembly thinks expedient that the act holden at St. Andrews April 24. 1582. Sess. 7. Touching the age of twenty five years be renewed, and none to be admitted before that time, except such as for rare and singular qualities, shall be judged by the generall or provinciall Assembly to be meet and worthie thereof.

The Assembly approveth this article.

XIV. Anent mercats on Monday and Saturday within Burghs, causing intollerable profanation of the Lords Day, by carying of loads, bearing of Burthens; and other work of that kinde: It were expedient for the redresse thereof, that the care for restraining of this abuse be recommended by the Assembly unto the several Burghs, and they to bee earnestly entreated to finde out some way for the repressing of this evill, and changing of the day, and to report their diligence there-anent to the next generall Assembly.

The Assembly referreth this article to the consideration of the Burrows.

XV. Anent the profaination of the Sabbath-day in Landward, especially for want of divine service in the afternoone: The Assembly ordaineth the act of Assembly holden at Dundie, Iuly 12. 1580. Sess. 10. for keeping both dyets, to be put in execution.

The Assembly alloweth this article.

XVI. Anent frequenting with excommunicat persons: The Assembly ordaineth that the act at Edinburgh, March 5. 1569. Sess. 10. to wit, “That these who will not forbear the companie of excommunicat persons after due admonition, be excommunicat themselves except they forbear,” to be put in execution.

The Assembly alloweth this article.

XVII. Whereas the confession of the Faith of this Kirk, concerning both Doctrine and Discipline, so often called in question by the corrupt judgment and tyrannous authoritie of the pretended Prelats, in now clearly explained, and by this whole Kirk represented by this generall Assembly concluded, ordained also to bee subscribed by all sorts of persons within the said Kirk and Kingdome: The Assembly constitutes, and ordaines, that from henceforth no sort of person, of whatsoever quality and degree, be permitted to speak, or write against the said Confession, this Assembly, or any act of this Assembly, and that under the paine of incurring the censures of this Kirk.

The Assembly alloweth this article.

XVIII. Anent voicing in Kirk Sessions: It is thought expedient that no Minister moderating his Session, shall usurpe a negative voice over the members of his Session, and where there is two or moe Ministers in one Congregation, that they have equall power in voicing, that one of them hinder not the reasoning or voicing of any thing, whereunto the other Minister or Ministers, with a great part of the Session inclineth, being agreeable to the acts and practise of the Kirk, and that one of the Ministers without advice of his colleague appoint not dyets of Communion nor examination, neither hinder his colleague from catechising and using other religious exercises as oft as he pleaseth.

The Assembly referreth this article to the care of the Presbyteries.

XIX. Since the office of Diocesane, or lordly Bishop, is all-uterly abjured, and removed? out of this Kirk: It is thought fit that all titles of dignitie, savouring more of poperie than of Christian libertie, as Chapters with their elections and consecrations, Abbots, Pryors, Deans, Arch-deacons, Preaching-deacons, Chanters, Subchanters, and others having the like title, flowing from the Pope and canon law only, as testifieth the second book of Discipline, bee also banished out of this reformed Kirk, and not to bee usurped or used hereafter under ecclesiasticall censure.

The Assembly alloweth this Article.

XX. Anent the _presenting either of Pastours or Readers and School-masters_, to particular Congregations, that there be a respect had to the Congregation, and that no person be intruded in any office of the Kirke, contrare to the will of the congregation to which they are appointed.

The Assembly alloweth this article.

XXI. Anent _Marriage without proclamation of bans_, which being in use these years by-gone hath produced many dangerous effects: The Assembly would discharge the same, conforme to the former acts, except the Presbyterie in some necessarie exigents dispense therewith.

The Assembly alloweth this article.

XXII. Anent the _buriall in Kirks_, the Assembly would be pleased to consider anent the act of Assembly at Edinburgh 1588. Sess. 5. if it shall be put in execution, and to discharge funerall sermons, as savouring of superstition.

The Assembly referreth the former part of this article anent buriall in Kirks to the care of Presbyteries, and dischargeth all funerall sermons.

XXIII. Anent _the tryall of Expectants_ before their entrie to the ministrie, it being notour that they have subscribed the confession of Faith now declared in this Assembly, and that they have exercised often privatly, and publickly, with approbation of the Presbyterie, they shall first adde and make the exercise publicly, and make a discourse of some common head in Latine, and give propositions thereupon for dispute, and thereafter be questioned by the Presbyterie upon questions of controversie, and chronologie, anent particular texts of Scripture how they may be interpreted according to the analogie of Faith, and reconciled, and that they be examined upon their skill of the Greek and Hebrew, that they bring a testificat of their life and conversation from either Colledge or Presbyterie, where they reside.

The Assembly alloweth this article.

XXIV. The Assembly having considered the order of the provincial Assemblies, given in by the most ancient of the Ministrie within every Province, as the ancient plateforme thereof, ordained the same to be observed conforme to the roll, registrat in the books of Assembly, whereof the tennour followeth.

_The order of the_ PROVINCIAL ASSEMBLIES _in Scotland, according to the Presbyteries therein contained._

1. _The Provinciall Assembly of_ MERS _and_ TIVIDAILL.

The Presbyteries of The bounds.
Dunce. Mers.
Chirnside. Tividail.
Kelso. The Forrest.
Erstiltoun. Lauderdail.
Jedburgh.
Melros.
To meet the first time at Jedburgh, the third Twesday of April.

2. _The Provinciall of_ LOUTHIAN.

The Presbyteries of The bounds.
Dumbar. e. Louthian.
Hadingtoun. w. Louthian.
Dalkeeth. Tweeddaill.
Edinburgh.
Peebles.
Linlithgow.
To meet the first time at Edinburgh the third Twesday of April.

3. _The Provinciall of_ PERTH.

The Presbyteries of The bounds.
Perth. The Shyrefdome
Dunkel. of Perth and of
Aughterardor. Striviling Shire.
Striviling.
Dumblane.
To meet the first time at Perth, the second Twesday of April.

4. _The Province of_ DRUMFREES.

The Presbyteries of The bounds.
Dumfrees. Niddisdaill.
Penpont. Annandaill.
Lochmabane. Ewsdaill.
Middilbee. Eskdaill.
Wachopdaill
& a part of
Galloway.
To meet the first time at Drumfrees, the second Twesday of April.

5. _The Provinciall of_ GALLOWAY.

The Presbyteries of The bounds.
Wigtoun. The Shyrefdome
Kirkubright. of Wigtoun,
Stranraver. and Stewartie of
Kirkubright.
To meet the first time at Wigtoun, third Twesday of April.

_The Provinciall Synod of_ AIRE _or_ IRWING.

The Presbyteries of The bounds.
Aire. The Shyrefdome
Irwing. of Aire
To meet with the Provincial Synod of Glasgow
_pro hac vice_, the first Twesday of April.

6. _The Provinciall Synod of_ GLASGOW.

The Presbyteries of The bounds.
Pasley. The Shyr. of Lennox,
Dumbartane. the Barrony of Renfrow,
Glasgow. the Shy. of Clydsdail
Hamiltoun. over and nether.
Lanerik.
To meet with the Provincial Synod of Aire and Irwing
at Glasgow, _pro hac vice_.

7. _The Provinciall Synod of_ ARGYL, _desired to bee
erected in several Presbyteries, according to the note
given in._

The Presbyteries of The bounds.
Dunnune. The Shyrifdomes
Kinloch. of Argil & Boot,
Inneraray. with a part of
Kilmoir. Lochabar.
Skye.
To meet the first time at Innereray, the 4 Twesday of April.

8. _The Provinciall Synod of_ FIFE.

The Presbyteries of The bounds.
St Andrews. The Shyrefdome
Cowper. of Fife.
Kirkadie.
Dunferling.
To meet the first time at Cowper in Fife the first Twesday of April.

9. _The Provinciall Synod of_ ANGUS _and_ MERNS.

The Presbyteries of The bounds.
Meegle. The Shyrefdomes
Dundie. of Forfair
Arbroth. and Merns.
Forfair.
Brechen.
Merns.
To meet the first time at Dundie, the third Twesday of April.

10. _The Provinciall Synod of_ ABERDENE.

The Presbyteries of The bounds.
Aberdene. The Shyrefdomes
Kincairdin. of Aberdene
All-foord. and Bamfe.
Gairloch.
Ellan Deer.
Turreffe.
Fordyce.
To meet the first time at new Aberdene, the 3 Twesday of April.

11. _The Provinciall Synod of_ MURRAY.

The Presbyteries of The bounds.
Innernes. The Shyrefdomes
Forresse. of Innernes in
Elgin. part, Nairn in
Strabogie. part, Murray,
Abernethie. Bamf in part,
Aberlower. Aberden in part.
To meet the first time at Forresse, the last Twesday of April.

12. _The Provinciall Synod of_ ROSSE.

The Presbyteries of The bounds.
Chanrie. The Shyrefdome
Taine. of Innernes
Dingwall. in part.
To meet the first time at Chanrie, the 2 Twesday of April.

13. _The Provinciall Synod of_ CATHNES.

The Presbyteries of The bounds.
Dornoch. Cathnes.
Weeke or Sutherland.
Thurso.
To meet the first time at Dornoch, the third Twesday of April.

14. _The Provinciall Synod of_ ORKNEY _and_ ZETLAND.

The Presbyteries of The bounds.
Kirkwall. The Shrefdome
Scalloway. 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.

That the Minister of the place where the Synodall Assembly meets shall preach the first day of their meeting, and give timouse advertisement to the rest of the Presbyteries.

It is remembered that of old the Synodall Assemblies that were nearest to others, had correspondence among themselves, by sending one or two Commissioners mutually from one to another, which course is thought fit to be keeped in time comming: viz. The Provincials of Louthian, and Mers, &c. The Provincials of Drumfries, Galloway, Glasgow, and Argyll, The Provincials of Perth, Fyfe, and Angus, &c. The Provincials of Aberdein and Murray. The Provincials of Rosse, Caithnes, and Orknay. The Commissioners for correspondence amongst the Synodals to be a Minister and a ruling Elder.

The Assembly recommendeth to the severall Presbyteries the execution of the old acts of Assemblies, against the break of the Sabbath-day, by the going of Milles, Salt-pans, Salmond-fishing, or any such-like labour, and to this end revives and renews the act of the Assembly, holden at Halyrudehouse 1602. Sess. 5. whereof the tennour followeth.

“The Assemblie considering that the conventions of the people, specially on the Sabbath-day, are verie rare in manie places, by distraction of labour, not only in Harvest and Seed-time, but also every Sabbath by fishing both of white fish and Salmond fishing, and in going of Milles: Therefore the Assemblie, dischargeth and inhibiteth, all such labour of fishing as-well whyte fish as Salmond-fish, and going of Miles of all sorts upon the Sabbath-day, under the paine of incurring the censures of the Kirk. And ordains the Commissioners of this Assemblie to meane the same to his Majestie, and to desire that a pecuniall paine may be injoyned upon the contraveeners of this present act.”

* * * * *

Act Sess. 24. December 18. 1638.

The Assembly considering the great necessity of purging this land from bygone corruptions, and of preserving her from the like in time coming, ordaineth the Presbyteries to proceed with the censures of the Kirk, to excommunication, against those Ministers who being deposed by this Assembly acquiesces not to their sentences, but exercise some part of their Ministeriall function, refuseth themselves, and with-draw others from the obedience of the acts of the Assembly.

* * * * *

Act Sess. 25. December 19. 1638.

_Against the civill places and power of Kirk-men._

The generall Assembly, remembering that among other clauses of the application of the confession of Faith to the present time, which was subscribed in Februarie 1638. The clause touching the civill places and power of Kirk-men, was referred unto the tryall of this Assembly; entered into a serious search thereof, especially of their sitting on the bench, as Iustices of peace, their sitting in Session and Councell, their ryding and voting in Parlament: and considering how this vote in Parlament, was not at first sought nor requyred by this Kirke, or worthy men of the Ministerie, but being obtruded upon them, was disallowed for such reasons as could not well be answered (as appeareth by the conference, holden at Halyrude-house 1599. which with the reasons therein contained was read in the face of the Assembly) & by plurality of voices not being able to resist that enforced favour, they foreseeing the dangerous consequences thereof, in the Assembly at Montrose did limitate the same by many necessare cautions: Considering also the protestation made in the Parliament 1606. by Commissioners from Presbyteries, and provinciall Assemblies, against this restitution of Bishops to vote in Parlament, and against all civill offices in the persons of Pastors, separate unto the Gospel, as incompatible with their spirituall function; with the manifold reasons of that Protestation from the word of God, ancient Councels, ancient and moderne Divines, from the Doctrine, discipline, and Confession of Faith of the Kirk of Scotland, which are extant in print, and were read in the audience of the Assembly: Considering also from their own experience the bad fruits and great evils, which have been the inseparable consequents of these offices, and that power in the persons of Pastors separate to the Gospel, to the great prejudice of the freedome and libertie of the Kirk, the jurisdiction of her Assemblies, and the powerfull fruits of their spirituall Ministerie; The Assembly most unanimously in one voice, with the hesitation of two allanerly, declared, that as on the one part the Kirk and the Ministers thereof are oblidged to give their advise and good counsell in matters concerning the Kirk or the Conscience of any whatsomever, to his Majestie, to the Parlament to the Councell, or to any member thereof, for their resolutions from the word of God, So on the other part, that it is both inexpedient, and unlawful in this Kirk, for Pastors separate unto the Gospel to brook civil places, and offices, as to be Iustices of peace; sit and decerne in Councell, Session, or Exchecker; to ryde or vote in Parlament, to be Iudges or Assessors in any Civill Judicatorie: and therefore rescinds and annuls, all contrarie acts of Assembly, namely of the Assembly holden at Montrose 1600. which being prest by authority, did rather for an _interim_ tolerat the same, and that limitate by many cautions, for the breach whereof the Prelats have been justly censured, then in freedome of judgement allow thereof, and ordaineth the Presbyteries to proceed with the Censures of the Kirk, against such as shall transgresse herein in time comming.

* * * * *

Act Sess. 26. December 20. 1638.

The Assembly considering the great prejudice which God’s Kirk in this land, hath sustained these years bypast, by the unwarranted printing of lybels, pamphlets, and polemicks, to the disgrace of Religion, slander of the Gospel, infecting and disquyeting the mindes of God’s people, and disturbance of the peace of the Kirk, and remembring the former acts, and custome of this Kirk, as of all other Kirks, made for restraining these and the like abuses, and that nothing be printed concerning the Kirk, and Religion, except it be allowed by these whom the Kirk intrusts with that charge: The Assembly unanimously, by vertue of their ecclesiastical authority, dischargeth and inhibiteth all printers within this Kingdome, to print any act of the former Assemblies, any of the acts or proceedings, of this Assembly, any confession of Faith, any Protestations, any reasons _pro_ or _contra_, anent the present divisions and controversies of this time, or any other treatise whatsoever which may concerne the Kirk of Scotland, or God’s cause in hand, without warrand subscribed by Mr Archibald Iohnston, as Clerk to the Assembly, and Advocate for the Kirk; or to reprint without his warrand, any acts or treatises foresaids, which he hath caused any other to print, under the paine of Ecclesiasticall censures to be execute against the transgressours by the several Presbyteries, and in case of their refusal, by the several Commissiones from this Assembly: Whereunto also we are confident, the honourable Iudges of this land will contribute their civill authority: and this to be intimat publickly in pulpit, with the other generall acts of this Assembly.

* * * * *

Act Sess. 26. December 20. 1638.

The generall Assembly ordaineth all Presbyteries and Provinciall Assemblies to conveen before them, such as are scandalous and malicious, and will not acknowledge this Assembly, nor acquiesce unto the acts thereof: And to censure them according to their malice and contempt, and acts of this Kirk; and where Presbyteries are refractarie, granteth power unto the several Commissions to summond them to compear before the next generall Assembly to be holden at Edinburgh, the third Wedinsday of Iulie, to abide their tryall and censure.

* * * * *

Act. Sess. 26. December 20. 1638.

The Assembly considering the acts and practise of this Kirk in her purest times, that the Commissioners of every Presbyterie, Burgh, and Universitie, were both ordained to take, and really did take from the Clerk the whole generall acts of the Assembly, subscribed by the Clerk: Whereby they might rule and conforme their judicatorie themselves, and all persons within their jurisdictions, unto the obedience thereof: Considering the great prejudices we have lately felt out of ignorance of the acts of Assembly, Considering also the great necessity in this time of reformation, beyond any other ordinarie time, to have an extract thereof: The Assembly ordaineth be this present act, that all Commissioners from Presbyteries, Burghs, and Universities, presently get under the Clerks hand an Index of the acts, till the acts themselves be extracted, and thereafter to get the full extract of the whole generall acts, to be insert in their Presbyterie books, whereby all their proceedings may be regulate in time coming. Likeas the Assembly recommendeth unto every Kirk Session, for the preservation of their particular Paroch from the reentrie of the corruptions now discharged, and for their continuance in the Covenant, anent doctrine, worship, and discipline now declared, to obtain an extract of these acts: especially if they be printed: Seeing their pryce will no wayes then be considerable: as the benefite both of the particular Parish, and the interest of the whole Kirk, in the preservation thereof from defection is undenyable: seeing Presbyteries are composed of sundry parochins, and so must be affected, or infected as they are, as Provinciall and generall Assemblies, are composed of Presbyteries, and so must be disposed as they are.

Act Sess. 26. December 20.

_In the Assembly at Glasgow 1638. concerning the confession of Faith renewed in Februar, 1638._

The Assembly considering that for the purging and preservation of religion, for the Kings Majesties honour, and for the publick peace of the Kirk and Kingdome, the renewing of that nationall Covenant and oath of this Kirk and Kingdome, in Februar 1638. was most necessare, likeas the Lord hath blessed the same from Heaven with a wonderfull successe for the good of religion, that the said Covenant suspendeth the practise of novations already introduced, and the approbation of the corruptions of the present governement of the Kirk, with the civill places, and power of Kirkmen, till they be tryed in a free generall Assembly, and that now after long and serious examination, it is found that by the confession of Faith, the five articles of Perth, and Episcopall governement are abjured and to be removed out of this Kirk, and the civill places and power of Kirk-men are declared to be unlawfull; The Assembly alloweth and approveth the same in all the heads and articles thereof, And ordaineth that all Ministers, Masters of Universities, Colledges, and Schooles and all others who have not already subscribed the said Confession and Covenant, shall subscribe the same with these words prefixed, to the subscription, viz. The article of this Covenant which was at the first subscription referred to the determination of the general Assembly being now determined at Glasgow, in December 1638. and thereby the five articles of Perth, and the governement of the Kirk by Bishops, being declared to be abjured and removed, the civill places and power of Kirk-men declared to be unlawfull; We subscrive according to the determination, of the said free and lawfull generall Assembly holden at Glasgow; and ordaineth, _ad perpetuam rei memoriam_, the said Covenant with this declaration to be insert in the registers of the Assemblies of this Kirk; generall, Provinciall and Presbyteriall.

* * * * *

Act Sess. 26. December 20. 1638.

_Concerning the subscribing the confession of Faithe lately subscribed by his Majesties Commissioner, and urged to be subscribed by others._

Seeing the generall Assembly, to whom belongeth properly the publick and judiciall interpretation of the confession of Faith, hath now after accurat tryall, and mature deliberation clearly found, that the five articles of Perth, and the governement of the Kirk by Bishops, are abjured by the confession of Faith, as the same was professed in the year 1580. and was renewed in this instant year 1638. And that the Marques of Hammiltoun his Majesties Commissioner hath caused print a Declaration, hearing that his Majesties intention and his own, in causing subscribe the confession of Faith, is no wayes to abjure, but to defend Episcopall governement, and that by the oath and explanation set down in the act of Councel, it neither was nor possibly could be abjured, requiring that none take the said oath, or any other oath in any sense, which may not consist with Episcopall governement: which is directly repugnant to the genuine and true meaning of the foresaid Confession as it was professed in the year 1580. as is clearly now found and declared by the generall Assembly: Therefore the generall Assembly: Doth humbly supplicate, that his Majestie may be graciously pleased, to acknowledge and approve the foresaid true interpretation, and meaning of the generall Assembly, by his Royall warrand to his Majesties Commissioner, Councell, and Subjects, to be put in record for that effect, whereof we are confident, after his Majesty, hath received true information from this Kirk, honoured with his Majesties birth and baptisme, which will be a royall testimonie of his Majesties piety and justice, and a powerfull meane to procure the heartie affection and obedience of all his Majesties loyall Subjects: And in the meane time, least any should fall under the danger of a contradictorie oath, and bring the wrath of God upon themselves and the land, for the abuse of his Name and Covenant; The Assembly by their Ecclesiasticall authority, prohibiteth and dischargeth, that no member of this Kirk swear or subscribe the said Confession, so far wreasted to a contrare meaning, under paine of all Ecclesiasticall censure: but that they subscribe the confession of Faith, renewed in Februar, with the Declaration of the Assembly set down in the former Act.

* * * * *

Act Sess. 26. December 20. 1638.

_Concerning yearly generall Assemblies._

The Assembly having considered the reasons lately printed for holding of generall Assemblies, which are taken from the light of nature, the promise of Iesus Christ, the practise of the holy Apostles, the doctrine and custome of other reformed Kirks, and the liberty of this nationall Kirk, as it is expressed in the book of Policie, and acknowledged in the act of Parlament 1592, and from recent and present experience, comparing the lamentable prejudices done to religion, through the former want of free and lawfull Assemblies, and the great benefite arysing to the Kirk, from this one free and lawfull Assembly; finde it necessary to declare, and hereby declares, that by Divine, Ecclesiasticall, and Civill warrands, this national Kirk hath power and liberty to assemble and conveen in her yearly generall Assemblies, and oftner _pro re nata_, as occasion and necessity shall require. Appointeth the next Generall Assembly to sit at Edinburgh, the third Weddinsday of Iulie 1639. And warneth all Presbyteries, Universities, and Burghes, to send their Commissioners for keeping the same. Giving power also to the Presbiterie of Edinburgh, _pro re nata:_ and upon any urgent and extraordinarie necessity (if any shall happen before the diet appointed in Iulie) to give advertisement to all the Presbyteries, Universities, and Burghes, to send their Commissioners for holding an occasionall Assembly. And if in the meane time it shall please the Kings Majestie to indict a generall Assembly, ordaineth all Presbyteries, Universities, and Burghes, to send their Commissioners for keeping the time and place which shall be appointed by his Majesties Proclamation.

* * * * *

Act Sess. 26. December 20.

_Ordaining an humble supplication to be sent to the King’s Majestie._

The Assembly, from the sense of his Majesties pietie and justice, manifested in the publick indiction of their solemne meeting, for the purging and preservation of Religion, in so great an exigent of the extreame danger of both, from their fears arising out of experience of the craftie and malicious dealing of their adversaries in giving sinistrous informations against the most religious and loyall designes and doings of his Majesties good Subjects, and from their earnest desire to have his Majestie truely informed of their intentions and proceedings, from themselves, who know them best, (which they are confident, will be better beleeved, and finde more credite with his Majestie, than any secret surmise or private suggestion to the contrarie) that they may gaine his Majesties princely approbation and ratification in the ensuing Parliament to their constitutions: Hath thought meet and ordaineth, that an humble supplication be directed to his Majestie, testifying their most heartie thankfullnesse for so Royall a favour, as at this time hath refreshed the whole Kirk and Kingdome, stopping the way of calumnie, and humbly supplicating for the approbation, and ratification foresaid: That truth and peace may dwell together in this Land, to the increase of his Majesties glorie, and the comfort and quietnesse of his Majesties good People: This the Assembly hath committed, according to the Articles foresaid, to be subscribed by their Moderatour and Clerk, in their name. The tennour whereof followeth.

_To the_ KINGS MOST EXCELLENT MAIESTIE:

_The humble Supplication of the generall Assembly of the Kirk of Scotland, conveened at Glasgow, November 21. 1638._

MOST GRACIOUS SOVERAIGNE,

We your Majesties most humble and loyall Subjects, The Commissioners from all the parts of this your Majesties ancient and native Kingdome, and members of the National Assembly, conveened at Glasgow, by your Majesties special indiction, considering the great happinesse which ariseth both to Kirk and Common-wealth, by the mutual embracements of Religion and Iustice, of truth and peace, when it pleaseth the Supreame Providence so to dispose, that princely power and ecclesiasticall authoritie joyne in one, do with all thankfulnesse of heart acknowledge, with our mouthes doe confesse, and not only with our pennes, but with all our power are readie to witnesse unto the world, to your Majesties never dying glorie, how much the whole Kingdome is affected and not only refreshed, but revived, with the comfortable sense of your Majesties pietie, justice, and goodnesse, in hearing our humble supplications, for a full and free generall Assembly: and remembring that for the present, a more true and real testimonie of our unfained acknowledgement, could not proceed from us your Majesties duetyfull Subjects, then to walke worthie of so royall a favour: It hath been our greatest care and most serious endevour, next unto the will of IESUS CHRIST, the great King of his Kirk redeemed by his own bloud, in all our proceedings, joyned with our hearty prayers to GOD, for a blessing from heaven upon your Majesties Person and government, from the first houre of our meeting, to carie our selves in such moderation, order and loyaltie, as beseemed the subjects of so just and gracious a King, lacking nothing so much as your Majesties personall presence; With which had we been honoured and made happie, we were confident to have gained your Majesties Royall approbation to our ecclesiastick constitutions, and conclusions, knowing that a truly Christian minde and royall heart inclined from above, to religion and piety, will at the first discern, and discerning be deeply possessed with the love of the ravishing beautie, and heavenly order of the house of God; they both proceeding from the same Spirit. But as the joy was unspeakable, and the hopes lively, which from the fountaines of your Majesties favour did fill our hearts, so were we not a little troubled, when wee did perceive that your Majesties Commissioner, as before our meeting, he did endevour a prelimitation of the Assembly in the necessarie Members thereof, and the matters to bee treated therein, contrarie to the intention of your Majesties Proclamation indicting a free Assembly according to the order of this Kirk, and laws of the Kingdome: So from the first beginnings of our sitting (as if his Lordship had come rather to crosse, nor to countenance our lawfull proceedings, or as we had intended any prejudice to the good of Religion, or to your Majesties honour (which GOD knoweth was far from our thoughts) did suffer nothing, although most necessarie, most ordinarie, and most undenyable, to passe without some censure, contradiction, or protestation: And after some dayes debating of this kinde, farre against our expectation, and to our great griefe, did arise himself, commanded us, who had laboured in everything to approve ourselves to GOD, and to his Lordship, as representing your Majesties Person, to arise also, and prohibited our further meeting by such a proclamation, as will bee found to have proceeded, rather from an unwillingnesse that we should any longer sit, than from any ground or reason, which may endure the tryall either of your Majesties Parliament, or of your own royall Iudgement, unto which if (being conveened by indiction from your Majestie, and sitting now in a constitute Assembly) we should have given place, This Kirk and Kingdome, contrare to your Majesties most laudable intentions manifested in former proclamations, and contrarie to the desires and expectation of all your Majesties good people had been in an instant precipitate in such a world of confusions, and such depths of miserie, as afterward could not easily have been cured. In this extreamitie we made choise rather of that course which was most agreeable to your Majesties will revealed unto us, after so many fervent supplications, and did most conduce for the good of Religion, your Majesties honour, and the well of your Majesties kingdome; then to give way to any sudden motion, tending to the ruine of all; wherein wee are so far from fearing the light, least our deeds should be reproved, that the more accuracy that we are tryed, and the more impartially our using of that power, which God Almighty, and your sacred Majestie, his Vicegerent had put in our hands, for so good and necessarie ends, is examined, we have the greater confidence, of your Majesties allowance and ratihabition: and so much the rather, that being in a manner inhibited to proceed in so good a work, we doubled our diligence, and endevoured more carefully then before, when your Majesties Commissioner was present, in every point, falling under our consideration, to walke circumspectly, and without offence, as in the sight of God, and as if your Majesties eyes had been looking upon us, labouring to proceed according to the word of God, our confession of Faith, and nationall oath, and the laudable constitutions of the lawfull Assemblies of this Kirk; and studying rather to renew, and revive old acts made for the reformation of Religion, in the time of your Majesties father, of happie memorie, and extant in the records of the Kirk, which divine providence hath preserved, and at this time brought to our hands; then either to allow of such novations, as the avarice and ambition of men, abusing authoritie for their own ends, had without order introduced; or to appoint any new order, which had not been formerly received, and sworn to bee reteined, in this Kirk. In all which the members of the Assembly, found so clear and convincing light, to their full satisfaction, against all their doubts and difficulties, that the harmonie and unanimitie was rare and wonderfull, and that we could not have agreed upon other constitutions, except wee would have been found fighting against GOD. Your Majesties wise and princely minde knowethe, that nothing is more ordinary then for men, when they doe well, to bee evil spoken of, and that the best actions of men are many times mis-construed, and mis-reported. Balaam, although a false Prophet, was wronged: for in place of that which hee said, _The Lord refuseth to give me leave to go with you:_ the princes of Moab reported unto Balack, that Balaam refused to goe with them. But our comfort is, That Truth is the daughter of time, and although calumnie often starteth first, and runneth before, yet Veritie followeth her at the heels, and possesseth her self in noble and royall hearts: where base calumnie cannot long finde place. And our confidence is, that your Majestie with that worthie King, will keep one eare shut against all the obloquies of men; and with that more wise King, who, when he gave a proofe that the wisedome of GOD was in him to doe judgment, would have both parties to stand before him at once: that hearing them equally, they might speed best, and go out most chearfully from his Majesties face, who had the best cause. When your Majesties wisedome hath searched all the secrets of this Assembly, let us be reputed the worst of all men according to the aspersions which partialitie would put upon us, let us be the most miserable of all men, to the full satisfaction of the vindictive malice of our adversaries, let us by the whole world bee judged of all men the most unworthie to breath any more in this your Majesties Kingdome, if the cause that we maintaine, and have been prosecuting, shall be found any other, but that we desire that the Majestie of GOD, who is our fear and our dread, be served, and his house ruled, according to his owne will; if we have not carried along with us in all the Sessions of our Assemblie, a most humble and loyall respect to your Majesties honour, which next unto the honour of the living GOD, lyeth nearest our hearts; if we have not keeped our selves within the limits of our reformation, without debording or reflecting upon the constitution of other reformed Kirks, unto which wee heartily wish all truth and peace, and by whose sound judgement and Christian affection we certainly look to be approven; if we have not failed rather by lenitie then by rigour in censuring of delinquents, never exceeding the rules and lines prescribed, and observed by this Kirk; and if (whatsoever men minding themselves, suggest to the contrary) the government and discipline of this Kirk, subscribed and sworn before, and now acknowledged by the unanimous consent of this Assembly, shall not bee found to serve for the advancement of the Kingdome of CHRIST, for procuring all duetifull obedience to your Majestie, in this your Kingdome, and great riches and glorie to your Crown, for peace to us, your Majesties loyall subjects, and for terrour to all the enemies of your Majesties honour and our happinesse: and if any act hath proceeded from us, so farre as our understanding could reach, and humane infirmitie would suffer, which being duely examined according to the grounds laid by your Majesties Father, of everlasting memory, and our religious Progenitours, and which religion did forbid us to infringe, shall merit the anger and indignation, wherewith wee are so often threatened: But on the contrare, having sincerely sought the glorie of GOD, the good of Religion, your Majesties honour, the censure of impietie, and of men who had sold themselves to wickednesse, and the re-establishment of the right constitution and government of this Kirk, farre from the smallest appearance of wronging any other reformed Kirk, we humbly beg, and certainly expect, that from the bright beames of your Majesties countenance shining on this your Majesties own Kingdome and people, all our stormes shall bee changed in a comfortable calme, and sweet Sunshine, and that your Majesties ratification in the ensuing Parliament, graciously indicted by your Majesties Proclamation to bee keeped in May, shall setle us in such a firmnesse, and stabilitie in our Religion, as shall adde a further lustre unto your Majesties glorious Diademe, and make us a blessed people under your Majesties long and prosperous reigne: which we beseech him who hath directed us in our affaires, and by whom Kings reigne, to grant unto your Majestie, to the admiration of all the world, the astonishment of your enemies, and comfort of the godly.

FINIS.

_Collected, visied, and extracted forth of the Register of the acts of the Assembly by me_ Mr. A. IHONSTON, _Clerk thereto, under my signe and subscription manuall.—Edinburgh the 12 of Jan. 1639._

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A BREIFE COLLECTION _of the_ PASSAGES _of the_ ASSEMBLY _holden at_ GLASGOW, _in_ SCOTLAND, _November last, 1638; with the Deposicon of Divers_ B.p.p. _Their_ OFFENCES _for which they were sentenced; and an_ INDEX _of all the_ ACTS _made at the said Assembly._

Upon Wednesday the vijᵗʰ day of November, a generall ffast was kept throughout all Scotland, for calling upon God for his blessing upon their Assembly, and praying for Gods gracious assistance that their meeting might take good effect to Gods glorie and their owne good.

21.—Upon the 21ˢᵗ day of November, their Assembly begun, where (after calling upon the name of the Lord) their Nobilitie and Commissioners were called and desired to bring in their Commissions.

22.—The 22ᵈ day, the Commissioners Letters, and Commissions were produced; and the Commissioners for every Presbyterie produced their Commission.

23.—The 23ᵈ day, Mr Alexʳ. Henrison (after long contestacon) was chosen Moderator for the Assembly.

24.—The 24ᵗʰ day the Assembly proceeded to the election of their Clerke out of 4 Clarks, then nomynated:—(viz.)—Mr Thomas Sandilands, Mr Archibald Johnston, Mr John Nicholls, and Mr Alexʳ Blair.

The Marquesse (as his Majesties Commissioner) desired that the votes of his Assessors might be admitted for choosing the Clerke, and in all other things, which the whole Assembly refused, for many reasons then given.

25.—The Assembly, proceeding to their election, made choyce of Mr Archibald Johnston for the Clerke, who, being generallie allowed of, was presently sworne for the dutiful administracon of his office, and to bee answerable for the Register Books to the said Assembly.

This being done, the Registers of all the Assemblies since 1560 were produced, consisting of 6 faire volumes.

The Assembly, after some consultacon, made ane Act that the Earle of Rothes, Earle of Lauderdale, Mr Alex. Wilson, the Earle of Dundie, Mr Andrew Ramsay, Mr John Raine, Mr John Adamson, Mr James Bonnar, Mr John Bell, and Mr Robert Murray, should visite and peruse the said Books of the Assemblies, and to report their judgement concerning their authentickness and creditt.

26.—The 26 day of November, (after prayers,) the Moderator desired that the Commissions might be tryed and allowed, and, for avoyding of tediousness, declared, that if any would object against any Commission or Commissioner, they should be heard; But, if none objected, their silence should be taken for approbacon.

To this the Kings Commissioner answered, That he might object against anie Commission at any tyme, after the Commissions were produced.

Amongst manie Commissions produced this day, onely two were questioned, and they were both for brethrin. In the one, the Laird of Dunn was nominated a Commissioneasr; and, in the other, the Lord of Carnaigie was made a Commissioner. Dunns Commission had an approbacon on the backside thereof; but the Lord Carnaigies had noe approbacon; whereupon the Lord Marquesse desired the copie of Dunns Commission and approbacon under the Clerks hand. The Assembly were content hee should have the Commission, but not the approbacon. Upon which the Marquesse took instruments of their refusall.

27. The 27 day of November, (after prayers,) the rest of the Commissions were read, and some were questioned—namely, for the Presbitrie of Peebles; for the Presbitrie of Glasgow; for the Ministrie of Glasgow—because each of them had three Commissions; and Brechin—for having two Ruling Elders, (as aforesaid,) which were all referred to a Committee of 6 Ministers, to consider of and certifie.

The Commission for the Colledge of Aberdeen had noe warrant to give any vote; but only to attend their affaires as procurator for the Colledge.

The Presbitrie of Aberdeen had two Commissioners; (viz:)—Mr David Lindsay, and Mr Doctor Guild, which were allowed.

28.—The 28 of November, the Visitors of the Registers gave in their testimoniall, subscribed with their hands, testifying the Registers to bee good, authentique, and worthy of credit; which, being read, Mr Alexʳ Gibson further declared, in the presence of the Commissioners and whole Assemblie, that he had seene and considered the registers produced, and found them to be very authentique, and that hee thought if the Registers of the Council or Sessions were compared with them, they would be found to come fair short of those Registers.

Whereupon the Moderator desired the Commissioner, and all others, if they had anything to say against the said Registers, they should speak now, or give it in writing at the next sitting.

After this, protestacon was given in by Mr Robᵗ Elliot against the election of the Commissioners for Peebles, wherein the Earle of Traquaire was highly accused for intruding himselfe in that election; and this was referred to a committee.

29.—The 29 of November, (after prayers,) Doctor Hamilton, in the name of the Archbishopps and Bishops declined, in a protestacon to the Marquesse, (who received it,) whereby they declyned the Assembly, and protested that the same should bee holden null in law.

Whereupon Mr Alexʳ Gibson protested that the Bishops should be holden as delinquents in the Assembly, and that they ought soe to come and appeare personally.

After this, certaine remonstrances were presented, by the Presbitries of Glasgow and Dundie, to the Commissioner and Assemblie, desiring all Commissioners that have beene chosen to be laike Elders, might be putt away, which was generally denyed.

The Moderator had presented unto him a paper which the Clerk read openly to the Assemblie, containing many sufficient answers unto the objections exhibited by the Bishops, with their declynator against the lawfullnesse of the Assemblie.

After the same was read, the Moderator, in the name of the Assemblie, desired the Marquesse, that it might bee voted in the Assembly, whether or not they were competent Judges to the Bishops; but the Marquesse refused, and adhered to the protestacon and declynator of the Bishops, against the lawfullnes of the Assemblie; whereupon there was a great conference betwixt the Marquesse, the Earle of Rothes, and the Lord Lowdon, concerning the said declynator.

Their conference being ended, the Moderator againe desired the Marquesse to lett the matter goe to voting, or else to make objections against the lawfullnes of the Assemblie, and they would resolve them. But the Marquesse still refused it, alleadging it to bee ane unlawfull Assembly wherein laike Elders were; which was thus retorted—Then the Assembly of Perth was noe lawfull Assembly, for there were Ruling Elders; which answer much moved the Marquesse, and soe checked him as he knew not what to answer; for that Assemblie is the chiefe Assemblie the Prelats had. But the Marquesse put it off with a faire discourse, and, at last, told them he hoped the King’s declaracon of his pleasure would fully satisfie them, which hee caused the Clerke to reade.

His Majesties will was, That the Service-Book, Booke of Canons, and High Commission, should be annulled and discharged; The practise of the 5 Articles at Perth, or the urging thereof; and freed all Ministers from all unlawful oaths at their admission; likewise it made all his Majesties subjects lyable unto the censure of the Church; onely hee would not have the office of a Bishop to be altogether destroyed.

After this, the Clerk read the Noblemens Protestacon, which was made to uphold the liberty and freedome of the Assemble, which being read, the Marquesse fell into a large discourse concerning the goodnes and liberalitie of the King’s Majestie, which was fully answered by the Moderator, who acknowledged his Majesties goodnes, and affirmed that, if his Majestie were truly informed of the just grievances of his subjects, and of the foulness of the crymes charged upon the Prelats, hee would leave them to their tryall.

And, therefore, hee, in the name of the whole Assemblie, requested the Marquesse that, seeing hee had now gone on in a faire way hitherto, and had not closed his ears unto their just requeste, hee would not now begin to stopp, but would grant that it might be voted in the Assembly, whether they were a lawfull Assembly or not. The Marquesse protested hee would not, onely hee would have them subscribe the Covenant, and rest content with his Majesties will declared unto them; and if they proceeded any further hee would not assent thereto; but that whatsoever was done should bee held null, and as done in ane unlawful Assembly.

They answered, that they had beene called thither by his Majesties command, which had given liberty to them to proceed in the tryall of such things as were needfull to be performed reformed. And his Majesty, by his proclamacon, had declared that, if any of his subjects shall or have presumed to assume to themselves any unlawfull power, they should be lyable to triall; and, therefore, they conceived that whatsoever should be concluded in this Assembly, should be halde as proceeding from a lawfull Assemblie. The Marquesse thereupon commanded the Assemblie to rise, which they refusing, hee himselfe arose and left the Assemblie.

After the Marquesse was departed, the roll was given to the Clerk, who called every man particularly by his name, and desired them to declare their opinions on these 4 particulars:—

1—Whether the Assembly were lawful or not?

2—Whether the Assemblie were competent judges of the Bishops?

3—Whether they would allow of the Bishops declynator or not?

4—Whether they would adhere to their Commission of Faith, and contynue still and hold on in the Assemblie?

Every man particularly concluded, That the Assembly was lawful: That they were competent judges: That they would not allow of the declynator; and, That they would adhere to the Confession, and contynue the Assemblie, except Sir John Carnegie, Mr Patrick Mackgill, and 3 other Ministers.

1.—The first of December, (after calling on the name of the Lord,) Mr Robert Blaire, Mr James Hamilton, Mr John Mackclagvell, and Mr John Livingston, being demanded, why they came out of Ireland, and whether they were under the censure of the Church or not? They declared the cause of their comeing from Ireland, was because they refused to embrace, subscribe, and sweare to the Service-Booke of Ireland, and all the corruptions that were in that Church.

2.—The Earle of Argile, this day, left the Councell and came to the Assemblie, and declared, That he had subscribed the Confession of the ffaith with the Lords of the Councell, and found himselfe as farr obliged by subscribing the Kings Covenant as anie that had subscribed the National Covenant; and that hee subscribed the same as it was sett down in anno 1581, and not otherwise; and, therefore, desired the Assembly to goe on wisely in the matter of reconciling and explayning the Covenant. Whereupon the Assembly desired him to stay and bee an assistance and eye-witnesse of their proceedings, which hee both promised and performed.

3.—The 3d day of December, many complaints was given in against the Archbishops and Bishops, and especially ane libell against the Bishop of Galloway, conteyneing 8 or 9 sheets of paper; whereupon a Committee was chosen of noblemen, gentlemen, and ministers, to hear the approbeicon, and to exawmine the truth of the matters which were charged against the Bishops, and to give an accompt of their proceedings unto the Assemblie.

There was likewise appointed another Committee to fynd out the errors of the Service-Booke, Booke of Cannons, Booke of Ordinaicon and High Commission, and to give sufficient reasons why they were rejected; and, lastly, there was a Committee for the explanacon and reconciliacon of the Covenants.

4.—The 4ᵗʰ of December, (after calling on the name of the Lord,) the Earle of Argyle produced a letter sent unto him from some of the Lords of the Councell, wherein were these words, (viz.)—Your Lordship knowes that wee subscribed the Covenant upon noe other condition than you did—that is, as it was subscribed in anno 1581. And the Earle of Montrose also declared that the Earle of Wigton (another Privy Councillor) had written the same unto him, and desired him to signifie it unto the Assemblie, and 7 or 8 Councillors and noblemen afterwards sent the like declarations to the Assembly.

Those who had beene appointed upon the Committees appeared, and declared that they had begun upon their employments, but had not ended, because it was a worke that required more then one or two dayes labour, but promised to proceed with all care and diligence.

5.—The 5ᵗʰ of December, (after calling on the name of the Lord,) sundry complaints and processes were produced against Mr David Michell, Mr Gladstons, and Doctor Panter, for Arminianisme, whose libells being read, every one of them was 3 severall tymes called in the Assembly, and 3 severall tymes called at the doore, to come in and appeare, and answer to the things given in against them; but, none of them appearing, Mr David Dixon and Mr Robʳᵗ Baily, were ordayned to make an oracon the next day to refute those Armynian points whereof Panter, Michell, and Gladstons were accused, that they might proceed against them. And, in the meanetyme, a Committee was appointed to heare, and see, and exawmine these things alleadged against the said parties.

6.—The 6 of December, Mr Dixon made a speech, wherein he refuted fully all those Armimian points which had beene preached by Mr Michell and the other two; and Mr Andrew Ramsay made another speech, that hee (being one of the Committees) and the rest of the Committees, had seene, read, heard, and considered the things wherewith Michell and the rest were charged, and found them fully proved. Whereupon, by whole consent of the Assembly, Mr Michell and the other two were quite deposed and deprived of their office in the Church.

After this, Mr John Hamilton declared to the Assembly, That the Laird of Blackhall (a Councellor) had requested him to tell the Assemblie, that his subscribing of the Kings Covenant could be noe hindrance to their proceedings, but rather a furtherance, to cause him to doe what lay in his power for them; and that hee would come himselfe to the Assemblie and make his declaracon thereof unto them.

Lastly, the Commissioners for Edinburgh told the Moderator, that the people of Edinburgh having heard that some of their Ministers having subscribed the Bishops declynator, and, therefore, they would not suffer the said Ministers to preach anie more unto them. Therefore they desired to have it voted in the Assembly, Whether it were lawful to depose the saids Ministers, and to employ others to preach in their places? which was taken into deliberacon against the next meeting.

7.—The 7ᵗʰ day of December, the Bishop of Orkneys sonne delivered a letter from his ffather vnto the Moderator, signifieing that hee was willing to vndergoe what they pleased to impose vpon him, and submitted himselfe wholy vnto the said Assembly to dispose of him and his place and calling as they pleased.

The Committee for the Covenants returned answer, That they had reconciled them both to one effect and meaning, and that the Covenant in anno 1581 is more prejudicall then the other.

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