Chapter II: Part 2

II. The indiction of that pretended Assembly was but twentie dayes before the holding of it: so that the Presbyteries and burghes could not be prepared for sending their commissioners: which caused the absence of many Presbyteries and fourtie foure Burghes.

III. There were twentie five noble-men, and gentle-men voters without commission from the Kirk. Ma. _William Struthers_ voted for the Presbyterie of _Edinburgh_, yet had no commission there-from. The commission being given by that Presbyterie to other three, as the said Commission registrar in the books of the Presbytery beareth. And whereas there should be but one Commissioner from every burgh, except _Edinburgh_, to the Assembly; at this pretended Assembly, there were two Commissioners from _Glasgow_, two from _Cowper_, two from St. _Andrews_: whereas there were no ruling Elders having commission from their Presbyteries at that Assembly.

IV. When the acts of that pretended assembly were written, the Bishop of St. _Andrews_ with his own hand did interline, adde, change, vitiate, direct to be extracted or not extracted, as he pleased: as the scrolls themselves seen, doe show; wherefore the Clerk did not registrat the acts of that Assembly, in the books of Assemblies, as may be easily seen by the blank in the register left for them remaining unfilled.

_The nullitie of the pretended Assembly at_ Saint Andrews, 1617.

I. There is no mention of it in the register of the Assemblies, and so no warrand for their commissions, their Moderatour or Clerk.

II. The indiction of it was so unformall, that as the scroll declareth, a great part of the Commissioners from Synods, Burrows, and gentle-men, would not be present.

III. The Kings Majestie in his letter to _Perths_ Assembly, acknowledged it was but a meeting, wherein disgrace was offered to his Majestie.

IV. The former corruptions of the foure preceding Assemblies had their confluence in this and the subsequent Assembly.

_Reasons for annulling the pretended Assembly, holden at_ Perth, 1618.

I. The Assembly was indicted but twentie dayes before the holding of it: and all parties requisit received not advertisement, as appeareth by their absence. The untimous indicting of it, is cleared by Presbyterie books.

II. There was no election of the Moderatour, as was accustomed to be in lawfull Assemblies; The register cleareth this.

III. No formall election of their new Clerk.

IIII. There were five whole Dioces absent, viz. _Orknay_, _Cathnes_, _Rosse_, _Argyll_, and _Isles_: and many Presbyteries had no Commissioners there, as the register of that pretended Assembly beareth.

V. There were nineteen noblemen and Barrons, eleven Bishops that had no Commission from the Kirk. Whereas the act for constitution of Assemblies, ordaineth every Burgh to have but one Commissioner, except _Edinburgh_, which may have two (Act at _Dundie_ 1597) yet in that pretended Assembly, _Perth_ had three Commissioners, _Dundie_, had two, _Glasgow_ had two, and _St. Andrews_ had two: Of the Burghes, there were there six absent: And for ruling Elders, there were none at all with commission from their Presbyteries. All these things are cleared by the records of that pretended Assemblie.

VI. The Commissioners from some Presbyteries exceeded their numbers prescribed in the act at _Dundie_, 1597, for the Presbyterie of _Arbroth_ were foure Commissioners and three for the Presbyterie of _Aughterardour_: Beside these that were heard to vote, having no commission at all, and some who had commission were rejected, and were not enrolled, but others put in their place without commission.

VII. The pretended Bishops did practice foure of the articles to be concluded there, before the pretended Assembly, in _Edinburgh_, _St. Andrews_, and other cathedral Churches, by keeping festival dayes, kneeling at ye Communion. Thus their voices were prejudged by their practice of these services before condemned by the Kirk, and therefore they should have been secluded from voicing.

VIII. In all lawfull Assemblies, the voicing should be free: But in this pretended Assembly there were no free voicing; for the voicers were threatned to voice _affirmative_, under no lesse pain nor the wrath of authoritie, imprisonment, banishemnt, deprivation of ministers, and utter subversion of the state: Yea, it was plainly professed, that neither reasoning nor the number of voices should carie the matter away: Which is qualified by the declaration of many honest old reverend Brethren of the ministery now present.

IX. In all lawful Assemblies, the grounds of proceeding were, and used to be, the word of God, the confession of Faith, and acts of former general Assemblies. But in this pretended Assembly, the ground of their proceeding in voicing was the Kings commandment only: For so the question was stated: _Whether the five articles, in respect of his Majesties commandement, should passe in act, or not_: As the records of that pretended Assembly beareth. Where it is declared, that for the reverence and respect which they bear unto his Majesties Royal commandements, they did agree to the foresaids articles.

X. Many other reasons verifying the nullitie of all these Assemblies, were showen and proven before the Assembly, which needeth not here to be insert.

Act. Sess. 13. December 5. 1638.

_Against the unlawfull oaths of intrants._

The six Assemblies immediately preceeding, for most just and weightie reasons above-specified, being found to be unlawful, and null from the beginning: The Assembly declareth the oathes and subscriptions exacted by the Prelates of the intrants in the ministerie all this time by past (as without any pretext of warrand from the Kirk, so for obedience of the acts of these null Assemblies, and contrare to the ancient and laudable constitutions of this Kirk, which never have been nor can be lawfully repealled, but must stand in force) to be unlawful, and no way obligatorie. And in like manner declareth, that the power of Presbyteries, and of provincial and general Assemblies, hath been unjustly surpressed, but never lawfully abrogate. And therefore that it hath been most lawful unto them, not withstanding any point unjustly objected by the Prelats to the contrare, to admit, suspend, or deprive ministers, _respectivè_ within their bounds, upon relevant complaints sufficiently proven; to choose their own Moderatours, and to execute all the parts of ecclesiastical jurisdiction according to their own limits appointed them by the Kirk.

Act. Sess. 14. December 6. 1638.

_Condemning the Service-book, Book of Canons, Book of Ordination, and the high Commission._

I. The Assembly having diligently considered the Book of common prayer, lately obtruded upon the reformed Kirk within this Realme, both in respect of the manner of the introducing thereof, and in respect of the matter which it containeth, findeth that it hath been devised and brought in by the pretended Prelats, without direction from the Kirk, and pressed upon ministers without warrand from the Kirk, to be universally received as the only forme of divine service under all highest paines, both civill and ecclesiasticall, and the book it self, beside the _popish_ frame and forms in divine worship, to containe many _popish_ errours and ceremonies, and the seeds of manifold and grosse superstition and idolatrie. The Assembly therefore all in one voice, hath rejected, and condemned and by these presents doth reject and condemne the said book, not only as illegally introduced, but also as repugnant to the doctrine, discipline and order of this reformed Kirk, to the Confession of Faith, constitutions of generall Assemblies, and acts of Parliament establishing the true Religion; and doth prohibite the use and practice thereof: and ordaine Presbyteries to proceed with the censure of the Kirk against all such as shall transgresse.

II. The Assembly also, taking to their consideration the book of Canons, and the manner how it hath been introduced, findeth that it hath been devised by the pretended Prelats, without warrand or direction from the generall Assembly; and to establish a tyrannicall power in the persons of the pretended Bishops, over the worship of God, mens consciences, liberties and goods, and to overthrow the whole discipline and government of the generall and Synodall Assemblies, Presbyteries, and Sessions formerly established in our Kirk.

Therefore the Assembly all in one voice hath rejected and condemned, and by these presents doth reject and condemne the said book, as contrare to the confession of our Faith, and repugnant to the established government, the book of Discipline, and the acts and constitutions of our Kirk: prohibits the use and practise of the same; and ordains Presbyteries to proceed with the censure of the Kirk against all such as shall transgresse.

III. The Assembly having considered the book of consecration and ordination, findeth it to have been framed by the Prelats, to have been introduced and practised without warrand of authority, either civill or ecclesiasticall: and that it establisheth offices in Gods house, which are not warranded by the word of God, and are repugnant to the Discipline, and constitutions of our Kirk, that it is an impediment to the entrie of fit and worthie men to the ministery, and to the discharge of their dutie after their entrie, conforme to the discipline of our Kirk. Therefore the Assembly all in one voice hath rejected and condemned, and by these presents doe reject and condemne the said book; and prohibits the use and practise of the same: And ordaines Presbyteries to proceed with the censure of the Kirk against all such as shall transgresse.

IV. The generall Assembly, after due tryall, having found that the Court of high Commission, hath been erected without the consent or procurement of the Kirk, or consent of the Estates in Parliament, that it subverteth the jurisdiction and ordinarie judicatories and Assemblies of the Kirk-Sessions, Presbyteries, provinciall and nationall Assemblies, that it is not regulate by lawes civill or ecclesiasticall, but at the discretion and arbitrement of the Commissioners; that it giveth to ecclesiasticall persons, the power of both the swords, and to persons meerly civill, the power of the keys and Kirk censures: Therefore the Assembly all in one voice, hath disallowed and condemned, and by these presents doth disallow and condemne the said court, as unlawfull in it selfe, and prejudiciall to the liberties of Christ—Kirk and Kingdome, the Kings honour in maintaining the established lawes and judicatories of the Kirk; and prohibits the use and practise of the same; and ordaines Presbyteries to proceed with the censures of the Kirk, against all such as shall transgresse.

After the serious discussing of the several Processes, in many Sessions, from Sess. 14. (which are in the Clerks hands, and needeth not here to be insert) the following sentences were solemnly pronounced after Sermon by the Moderatour, in the Assembly of _Glasgow_, _Sess. 20 December 13, 1638._

_Sentence of deposition and excommunication against Mr._ John Spottiswood, _pretended Archbishop of St._ Andrews; _Mr._ Patrik Lindsay, _pretended Archbishop of_ Glasgow: _Mr._ David Lindsay, _pretended Bishop of_ Edinburgh: _Mr._ Thomas Sidserfe, _pretended Bishop of_ Galloway: _Mr._ John Maxwell, _pretended Bishop of_ Rosse: _Mr._ Walter Whyt-foord, _pretended Bishop of_ Brechen.

The general Assembly, having heard the libels and complaints, given in against the foresaids pretended Bishops to the Presbyterie of _Edinburgh_, and sundry other Presbyteries within their pretended Dyocies, and by the saids Presbyteries referred to the Assembly, to be tryed: The saids pretended Bishops being lawfully cited, often-times called, and their Procutour _Doctour Robert Hammiltoun_, and not compearing, but declining and protesting against this Assembly, as is evident by their declinatour, and protestation given in by the said _Doctour Robert Hammiltoun_ minister at _Glasfoord_, which by the acts of Assembly is censurable with summar excommunication: Entered in consideration of the said declinatour, and finding the same not to be relevant, but on the contrare to be a displayed banner against the setled order and government of this Kirk, to be fraughted with insolent and disdainful speeches, lies and calumnies against the lawful members of this Assembly, proceeded to the cognition of the saids complaints, and libels against them; and finding them guiltie of the breach of the cautions, agreed upon in the Assembly holden at _Montrose_, _Anno_ 1600. for restricting of the minister voter in Parliament, from incroaching upon the liberties and jurisdiction of this Kirk, which was set down with certification of deposition, infamie, and excommunication, specially for receiving of consecration to the office of Episcopacie, condemned by the confession of Faith, and acts of this Kirk, as having no warrand, nor foundament in the word of God, and by vertue of this usurped power, and power of the high Commission, pressing the Kirk with novations in the worship of God, and for sundrie other haynous offences, and enormities, at length expressed, and clearly proven in their processe, and for their refusal to underly the tryal of the reigning slander of sundrie other grosse transgressions and crymes laid to their charge: Therefore the Assembly moved with zeal to the glorie of God, and purging of his Kirk, hath ordained the saids pretended Bishops to be deposed, and by these presents doth depose them, not only of the office of Commissionaire to vote in Parliament, Councel, or Convention in name of the Kirk, but also of all functions whether of pretended Episcopal or ministerial calling, declareth them infamous. And likewise ordaineth the saids pretended Bishops to be excommunicate, and declared to be of these whom Christ commandeth to be holden by all and every one of the faithful as ethnicks, and publicanes; and the sentence of excommunication to be pronounced by _Mr. Alexander Henderson_, Moderatour in face of the Assembly in the high Kirk of _Glasgow_; and the execution of the sentence to bee intimat in all the Kirks of _Scotland_ by the Pastours of every particular congregation, as they will be answerable to their Presbyteries and Synods, or the next general Assembly, in case of the negligence of Presbyteries and Synods.

_Sentence of deposition and excommunication, against_ Mr. Adam Ballantyne, _pretended Bishop of_ Aberdeen, _and Mr. James Wedderburn pretended Bishop of_ Dumblane.

The generall Assembly, having heard the lybels and complaints given in against the foresaids pretended Bishops, of _Aberdeen_ and _Dumblane_, to the Presbytery of _Edinburgh_, and sundry Presbyteries within their pretended Dioceses, and by the saids Presbyteries referred to this Assembly to be tryed: The saids pretended Bishops being lawfully cited, often-times called, and not compearing, proceeded to the cognition of the complaints and lybels against them, and finding them guilte of the breach of the cautions, agreed upon in the Assembly holden at _Montrose_, Anno 1600 for restricting the minister voter in Parliament, from encroaching upon the liberties and jurisdictions of this Kirk, which was set down with certification of deposition, infamie and excommunication, specially for receiving of consecration to the office of Episcopacie, condemned by the confession of Faith, and acts of this Kirk, as having no warrand nor foundament in the word of God, and by vertue of this usurped power, and power of the high Commission, pressing the Kirk with novations in the worship of God, and for sundry other haynous offences and enormities, and length expressed, and clearly proven in their Processe, and for their refusall to underly the tryall of the reigning slander of sundry other grosse transgressions and offences laid to their charge: Therefore the assembly moved with zeal to the glorie of God, and purging of the Kirk, hath ordained the saids pretended Bishops to be deposed, and by these presents doth depose them, not only of the office of Commissionary to vote in Parliament, Councell, or Convention, in name of the Kirk, but also of all functions, whether of pretended Episcopall or ministeriall calling, declareth them infamous: and likewise ordains the saids pretended Bishops to be excommunicate, and declared to be of these whom Christ commanded to be holden by all and every one of the faithfull as Ethnicks and Publicans; and the sentence of excommunication to be pronounced by Mr. _Alexander Henderson_ Moderatour, in face of the Assembly after Sermon, in the high Kirk of _Glasgow_: and that the execution of the sentence be intimat in all the Kirks within this Realme, by the Pastours of every particular congregation, as they will be answerable to their Presbyteries and Synods, or the next generall Assembly, in case of the negligence of Presbyteries and Synods.

_Sentence of deposition against Master_ John Guthry, _pretended Bishop of_ Murray: _Mr._ John Grahame, _pretended Bishop of_ Orknay, _Mr._ James Fairlie, _pretended Bishop of_ Lismoir: _Mr._ Neil Cambell, _pretended Bishop of_ Isles.

The generall Assembly having heard the lybels and complaints given in against the foresaids pretended Bishops, to the Presbyterie of _Edinburgh_, and sundrie Presbyteries within their Dyocies, and by the saids Presbyteries referred to this Assembly to bee tryed: the saids pretended Bishops being lawfully cited, often-times called, and not compearing, proceeded to the cognition of the complaints and lybels against them; and finding them guiltie of the breach of the cautions agreed upon in the Assembly at _Montrose_, _Anno_ 1600. for restricting of the minister, voter in Parliament, from incroaching upon the liberties and Jurisdictions of this Kirk, which was set down with certification of deposition, infamie and excommunication; and especially for receiving consecration to the office or Episcopacie condemned by the confession of Faith, and acts of this Kirk, as having no warrand nor foundament in the word of God, and by vertue of this usurped power, and power of the high commission, pressing the Kirk with novations in the worship of God; and for their refusall to underly the tryall of the reigning slander of sundrie other grosse transgressions and offences, laid to their charge: Therefore the Assembly, moved with zeal to the glorie of God, and purging of this Kirk, ordaines the saids pretended Bishops, to bee deposed, and by these presents doth depose them, not only of the office of commissionarie, to vote in Parliament, Councel, or convention in name of the Kirk: but also of all functions, whether of pretended Episcopall, or ministeriall calling: And likewise in case they acknowledge not this Assembly, reverence not the constitutions thereof, and obey not the sentence, and make not their repentance, conforme to the order prescribed by this Assembly, ordaines them to be excommunicated, and declared to bee of these whom Christ commandeth to be holden by all and every one of the faithfull as Ethnicks and Publicanes: and the sentence of excommunication to be pronounced upon their refusall, in the Kirks appointed, by any of those who are particularly named, to have the charge of trying their repentance or impenitencie, and that the execution of this sentence bee intimate in all the Kirks within this Realme by the Pastours of every particular Congregation, as they will be answerable to their Presbyteries and Synods, or the next generall Assembly, in case of negligence of the Presbyteries and Synods.

_Sentence of deposition against Maister_ Alexander Lindsay _pretended Bishop of_ Dunkell.

The generall Assembly having heard the complaint and lybel given in against Mr. _Alexander Lindesay_ pretended Bishop of _Dunkell_, to the Presbytery of _Edinburgh_, and sundry Presbyteries of his pretended Dyocie, and by the Presbyteries referred to this Assembly to be tryed: The said pretended Bishop being lawfully cited, often-times called, & not compearing, but by a letter of excuse submitting himself to the Assembly, proceeded to the cognition of the complaint and lybell itselfe against him, and finding him guiltie of the breach of the cautions agreed upon in the Assembly holden at _Montrose_, _Anno_ 1600 for restricting the minister voter in parliament, from encroaching upon the liberties and jurisdictions of this Kirk, which was set down with certification of deposition, infamie and excommunication, especially for receiving consecration to the office of Episcopacie condemned by the confession of Faith, and acts of this Kirk, as having no warrand nor foundament in the word of God, and by vertue of this usurped power, and power of the high Commission, pressing the Kirk with novations in the worship of God: Therefore the Assembly moved with zeal to the glory of God, and purging of this Kirk, hath ordained the said Mr. _Alexander_ to bee deposed, and by these presents deposeth him, from the pretended Episcopall function, and from the office of commissionarie to vote in Parliament, Councel or Convention in name of the Kirk, and doth suspend him from all ministeriall function, and providing he acknowledge this Assembly, reverence the constitutions of it, and obey this sentence, and make his repentance conforme to the order prescribed, continueth him in the ministrie of St. _Madoze_; And likewise, if he acknowledge not this Assembly, reverence not the constitutions of it, and obey not the sentence, and make his repentance, conforme to the order prescribed by this Assembly, ordains him to be excommunicat, and declared to bee one of those whom Christ commandeth to bee holden by all and every one of the faithfull, as an Ethnick and Publicane, and the sentence of excommunication to be pronounced upon his refusall, in the Kirks appointed, by one of these who are particularly named, to have the charge of trying his repentance or impenitencie, and that the execution of this sentence be intimate in all the Kirks within this Realme, by the Pastours of every particular congregation, as they will be answerable to their Presbyteries and Synods, or the next generall Assembly, in case of the negligence of Presbyteries, and Synods.

_Sentence of deposition against Master_ John Abernethie _pretended Bishop of_ Cathnes.

The generall Assembly having heard the lybell and complaint given in against Mr. _John Abernethie_ pretended Bishop of _Cathnes_ to the Presbytery of _Edinburgh_, and sundry Presbyteries within his Dyocie: And by the saids Presbyteries, referred to this Assembly to be tryed: The said pretended Bishop being lawfully cited, often-times called, and not compearing, but by his letter of excuse upon his sicknesse, proceeded to the cognition of the complaint and lybell it selfe against him, and finding him guiltie of the breach of the cautions, agreed upon in the Assembly holden at _Montrose_, _Anno_ 1600. for restricting the minister voter in Parliament, from encroaching upon the liberties and jurisdictions of this Kirk, which was set down with certification of deposition, infamie, and excommunication, specially for receiving consecration to the office of Episcopacie, condemned by the confession of Faith, and acts of this Kirk as having no warrand nor foundament in the word of God, and by vertue of the usurped power, and power of the high Commission pressing the Kirk with novations in the worship of God: Therefore the assembly moved with zeal to the glorie of God, and purging of this Kirk, hath ordaineth the said Mr. _John_ to be deposed, and by these presents deposeth him from the pretended Episcopall function, and from the office of Commissionary to vote in Parliament, Councel, or convention, in name of the Kirk, and doth suspend him from the ministeriall function. And providing he acknowledge this Assembly, reverence the constitutions of it, and obey the sentence, and make his repentance conforme to the order prescribed by this Assembly, will admit him to the ministerie of a particular flok: and likewise, in case he acknowledge not this Assembly, reverence not the constitutions of it, and make his repentance conforme to the order prescribed by this Assembly, ordains him to be excommunicate, and declared to be one of these whom Christ commandeth to be holden by all and everyone of the faithfull as an Ethnick and Publicane: and the sentence of excommunication to be pronounced upon his refusall in the Kirks appointed, by one of these who are particularly named to have this charge of trying his repentance or impenitencie, and that the execution of this sentence be intimat in all the Kirks within this Realme, by the Pastours of every particular Congregation, as they will be answerable to their Presbyteries and Synods, or the next generall Assembly, in case of the negligence of Presbyteries and Synods.

Act of the Assembly at _Glasgow_, Sess. 16. December 8. 1638.

_Declaring Episcopacie to have been abjured by the Confession of Faith_, 1580. _And to be removed out of this Kirk._

The Assembly taking to their most grave and serious consideration, first the unspeakable goodnesse, and great mercy of God, manifested to this Nation, in that so necessarie, so difficult, and so excelent and divine work of reformation, which was at last brought to such perfection, that this Kirk was reformed, not only in doctrine and worship, but also after many conferences and publick reasonings in divers nationall Assemblies, joyned with solemne humiliations and prayers to God, the discipline and government of the Kirk, as the hedge and guard of the doctrine and worship, was prescribed according to the rule of Gods word, in the book of Policie and Discipline, agreed upon in the Assembly 1578. and insert in the register 1581. established by the Acts of Assemblies, by the confession of Faith, sworn and subscribed, at the direction of the Assembly, and by continuall practise of this Kirk: Secondly, that by mens seeking their own things: and not the things of Jesus Christ; divers novations have been introduced to the great disturbance of this Kirk, so firmly once compacted, and to the endangering of Religion, and many grosse evils obtruded, to the utter undoing of the work of reformation, and change of the whole forme of worship and face of this Kirk; Thirdly, that all his Majesties Subjects both Ecclesiasticall and civil, being without consent of the Kirk, commanded to receive with reverence a new book of common prayer, as the only forme to be used in Gods publick worship, and the contraveeners to be condignely censured, and punished, and after many supplications and complaints, knowing no other way for the preservation of Religion; were moved by God, and drawn by necessitie, to renew the nationall _Covenant_ of this Kirk, and Kingdome, which the Lord since hath blessed from heaven, and to subscribe the _Confession of Faith_, with an application thereof, abjuring the great evils wherewith they were now pressed, and suspending the practise of all novations formerly introduced, till they should bee tryed in a free generall Assembly, Lastly, that some of his Majesties Subjects of sundrie ranks, have by his Majesties commandement subscribed and renewed the confession of Faith, without the former application, and that both the one and the other subscribers have subscribed the said Confession of Faith in this year, as it was professed and according to the meaning that it had in this Kingdome, when it was first subscribed 1581. and afterward the Assembly therefore, both by the subscription of his Majesties high _Commissioner_, and of the Lords of secret Councel, Septem. 22. 1638. And by the acts of Councel, of the date foresaid, bearing that they subscribed the said Confession, and ordaining all his Majesties Liedges to subscribe the same, according to the foresaid date and tennour, and as it was then professed within this Kingdome, as likewise by the Protestation of some of the Senatours of the Colledge of justice, when they were required to subscribe, and by the many doubtings of his Majesties good Subjects, especially because the subscribers of the Confession in _February_ 1635. are bound to suspend the approbation of the corruptions of the government of the Kirk, till they be tryed in a free generall Assembly; finding it proper for them, and most necessary and incumbent to them, to give out the true meaning thereof as it was at first professed. That all his Majesties Subjects in a matter so important; as is the publik Confession of Faith, so solemnely sworn and subscribed, may be of one minde, and one heart, and have full satisfaction to all their doubts, and that the posteritie afterward may be fully perswaded of the true meaning thereof, after earnest calling upon the name of God, so religiously attested in the said Confession; have entered into a diligent search of the registers of the Kirk, and books of the generall Assembly, which the greatest part of the Assembly had not seen before; and which by the speciall providence of God were preserved, brought to their hands, and publicly acknowledged to bee authentick, and have found that in the latter confession of the Kirk of _Scotland_: We profess, _that we deteste all traditions brought into the Kirk without, or against the word of God, and doctrine of this reformed Kirk_: Next, _we abhorre and deteste all contrarie religion and doctrine_, but chiefly, _All kinds of papistry in generall & particular heads, as they were then damned & confuted by the word of God, and Kirk of_ Scotland, _when the said Confession was sworn and subscribed_, An. 1580. _and_ 1581, 1590, _and_ 1591. Thirdly, _that we deteste the Romane Antichrist, his worldly monarchie, and wicked hierarchie_: Fourthly, _that we joyn our selves to this reformed Kirk in doctrine, Faith, Religion, & discipline, promising and swearing by the great name of_ GOD, _that we shall continue in the Doctrine and Discipline of this Kirk, and defend the same according to our vocation and power all the dayes of our life_.

But so it is that Episcopall government is abhorred and detested, and the government by Ministers and Elders, in Assemblies generall and provinciall, and Presbyteries was sworn to, and subscribed in subscribing that Confession, and ought to be holden by us, if we adhere to the meaning of the Kirk, when that Confession was framed, sworn to, and subscribed; unto which we are obliged by the nationall oath and subscription of this Kirk, as is evident by the acts of generall Assemblies, agreed upon both before, at, and after the swearing and subscribing of the said Confession, in the years above-mentioned, and the book of policie agreed upon in the Assembly which was holden at _Edinburgh_ the twentie foure of _April_, and twentie foure of _October_, _Anno_ 1578. Insert in the register of the Kirk, by ordinance of the Assembly holden at _Glasgow_ 1581 and to be subscribed by all Ministers, that then did bear, or thereafter were to bear office in this Kirk, by ordinance of the Assembly holden the fourth of _August_ at _Edinburgh_ 1590. And at _Edinburgh_ the second of _July_ 1591. but specially in the 2. 3. 4. 6. 7. and 11, chapters of the said book.

The Bishops being tollerat from the year 1572, till the Assembly holden in _August_ 1575. And all this time the Assembly being wearied with complaints made against them, did enter in search of the office it selfe, and did agree in this that the name of a Bishop is common to every one of them that hath a particular flock, over which he hath a particular charge, as well to preach the word, as to minister the Sacraments.

At the next Assembly which was holden in _April_ 1576. Such Bishops were censured as had not taken them to a particular flock. In the generall Assembly conveened in _April_ the year of God 1578. Sess. 4. Intimation was made as followeth.

_For so much as the heads of the policie being concluded and agreed upon in the last Assembly, by the most part of the brethren: certain of the brethren had some difficultie in the head_ de diaconatu, _whereupon farther reasoning was reserved to this Assembly: It is therefore required, if any of the brethren have any reasonable doubt or argument to propone, that he be ready the morow, and then shall be heard and resolved_. In the 6. Sess. _April_ 26. According to the ordinance made the day before; all persons that had any doubt or argument to propone, were required to propone the same; but none offered to propone any argument on the contrare.

In the Assembly holden at _Edinburgh_, in _October_ 1578. It was showen by the Moderatour thereof to the noble-men, who were present, viz. _My Lord Chancelour_, the Earle of _Montrose_, my Lord _Seaton_, and my Lord _Lindsay_, _What care and study the Assembly had taken to entertain and keep the puritie of the sincere word of God, unmixed with the inventions of their own heads, and to preserve it to the posteritie hereafter, and seeing that the true Religion is not able to continue nor endure long without a good __ Discipline and policie, in that part also have they imployed their wit and studie, and drawen forth out of the pure fountain of Gods word, to bee a Discipline as is meet to remain in the Kirk_.

In the same Assembly, the speciall corruptions were set down, which they craved such of the Bishops as would submit themselves to the Assembly to remove, with promise, that if the generall Assembly, hereafter shall finde further corruptions in the said estate, then hitherto are expressed that they be content to be reformed by the said Assembly according to the word of God, when they shall be required thereto. First, _That they be content to bee Pastours and Ministers of one flock: That they usurpe no criminall jurisdiction, that they vote not in Parliament in name of the Kirk, without Commission from the Kirk: That they take not up for the maintenance of their ambition and rictousnesse, the emoluments of the Kirk, which may sustain many Pastours, the Schools, and the poore; but be content with reasonable livings according to their office: That they claime not to themselves the titles of Lords temporall, neither usurpe temporall jurisdictions, whereby they are abstracted from their office: That they empyre not above the particular Elderships, but be subject to the same: That they usurpe not the power of the Presbyteries._

The question being proponed by the Synod at _Loutbian_ in the Assembly holden in _July_ 1579. anent a generall order to be taken for erecting of Presbyteries in places where publick exercise is used, untill the time the policie of the Kirk be established by a law: It is answered, _The exercise may be judged to be a Presbyterie._ In the Assembly holden at _Dundie_ in _July_ 1580. Sess. 4, The office of a Bishop was abolished by a particular act; as appeareth by the tennour of the act following.

_For so much as the office of a Bishop, as it is now used and
commonly taken withen this Realme, hath no sure warrand
authoritie, nor good ground in the Scriptures, but is brought in
by the foly and corruption of mans inventions, to the great
overthrow of the Kirk of God, the whole Assembly of the Kirk in
one voice after libertie given to all men to reason in the matter,
none opponing himself in defending the said pretended office,
findeth and declareth the said pretended office, used and termed,
as is above said, unlawfull in the selfe, as having neither
foundament, ground, nor warrand in the word of God, and ordaineth
that all such persons, __ as brook or shall brook hereafter the
said office, shall be charged simply to dimit, quite, and leave
off the same, as an office whereunto they are not called of God:
and suchlike, to desist and cease from all preaching, ministration
of the Sacraments, or using any way the office of pastours, while
they receive_ de novo, _admission from the generall Assembly,
under the pain of excommunication to be used against them, wherein
if they be found disobedient, or contradict this act in any point,
the sentence of excommunication, after due admonition, to be
execute against them._

In the same Assembly holden _Anno_ 1580. Sess. 10. This article was appointed to be proponed to the King and Councel, that the book of policie might be established by an act of privie Councel, _while a Parliament be holden, at which it might be confirmed by a law_.

The extent of the act made at _Dundie_, was interpreted and explained in the Assembly, holden at _Glasgow_, in _April_, 1581. Sess. 6. as followeth.

_Anent the Act made in the Assembly holden at_ Dundie _against
Bishops, because some difficultie appeareth to some brethren to
arise out of the word_ (office) _contained in the said act, what
should be meaned thereby, The Assembly consisting for the most
part of such as voted, and were present in the Assembly at_
Dundie, _to take away the said difficultie, resolving upon the
true meaning and understanding of the said act, declare that they
meaned wholly to condemne the whole estate of Bishops, as they are
now in_ Scotland, _and that the same was the determination and
conclusion of the Assembly at this time, because some brethren
doubted, whether the former act was to be understood of the_
spiritual function _only, and others alledged, that the_ whole
office of a Bishop _as it was used, was damnable, and that by the
said act, the Bishops should be charged to dimit the same: This
Assembly declareth that they meaned wholly to condemne the whole
estate of Bishops, as they were then in_ Scotland, _and that this
was the meaning of the Assembly, at that time_.

The Kings _Commissioner_ presented to this Assembly the Confession of Faith, subscribed by the King, and his houshold, not long before, together with a plot of the Presbyteries to be erected, which is registrate in the books of the Assembly, with a letter to be directed from his Majestie to the noble-men and gentle-men of the Countrey, for the erection of Presbyteries, consisting of Pastours, and Elders, and dissolution of Prelacies, and with an offer to set forward the Policie untill it were established by Parliament. The Kings letter subscribed by his hand, to the Noble-men, and Gentle-men, was read in open audience of the whole Assembly.

This Assembly ordained the book of Policie to be insert in the register by the act following.

_For as much as travels have been taken in the framing of the
Policie of the Kirk, and diverse suits have been made to the
Magistrat for approbation thereof, which yet have not taken the
happie effect, which good men would wish, yet that the posteritie
may judge well of the present age; and of the meaning of the Kirk;
The Assembly hath concluded, that the book of Policie agreed to in
diverse Assemblies before, should be registrat in the acts of the
Kirk, and remaine therein_ ad perpetuam rei memoriam: _and the
coppies thereof to be taken to every Presbyterie: of which book
the tennour followeth, &c._

Immediatly after the inserting of the book of Policie, called there the book of Discipline, the Assembly ordained that the confession of Faith be subscribed as followeth.

_Anent the confession of Faith lately set forth by the Kings
Majestie, and subscribed by his highnesse. The Assembly in one
voice, acknowledgeth the said Confession to be a true, Christian,
and faithful confession, to be eagreed unto by such as truly
professe Christ, and have a care of Religion, and the tennour
thereof to be followed out efoldly as the samine is laid out in
the said Proclamation_, wherein that Discipline is sworn to.

In the general Assembly holden at _Edinburgh_ in _October_ 1581. Sess. 10. Mr. _Robert Montgomery_ is accused for teaching that Discipline is a thing indifferent. Sess. 23. The Assembly gave commission to the Presbyterie of _Stirling_, to charge Mr. _Robert Montgomerie_, to continue in the ministerie of _Stirling_, and not to medle with any other office or function of the Kirk, namely in aspyring to the Bishoprick of _Glasgow_, against the word of God, and acts of the Kirk, under the pain of excommunication.

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 dixerît in ecclesia Catholica non esse heirarchiam divina ordinatione institutam, quæ 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 hierarchiæ ecclesiasticæ sen sacri principatus, divina ordinatione instituti est manca & redundaus atque, inducens in errorem contrarium determinationi sacræ Sinodi Tridentinæ_: 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.