Chapter III: Part 3

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

Concerning kneeling at the Communion, findeth that in the confession of Faith prefixed before the Psalmes, and approved by our Kirk in the very beginning of the reformation, we have these words, _Neither in the ministration of the Sacraments, must we follow men: but as Christ himself hath ordained, so must they be ministred._ In the large confession of Faith chap. 23. It is required as necessary, for the right ministration of the Sacraments, that they bee ministred in such elements, and in such sort, as God hath appointed, and that men have adulterate the Sacraments with their own inventions: So that no part of Christs action abideth in the originall puritie. The judgement of our reformers, who drew up the large Confession, was by cleare evidents shewed to be contrary to this gesture in the act of receiving the Sacrament. In the order of celebrating the Lords Supper, prefixed before the Psalmes in meeter, _sitting and distributing by the Communicants_, are joined: as likewise by the second head of the first book of Discipline, as nearest to Christs own action, and to his perfect practise, and most convenient to that holy action, and all inventions devised by man are condemned, as alterations and accusations of Christs perfect ordinance: Ministers were enjoyned by act of Assembly in _December 1562._ To observe the order of _Geneva_: that is the English Kirk at _Geneva_: where Master _Knox_ had been sometime Minister, in the ministration of the Sacraments. This act was renewed in the Assembly holden in _December 1564._ where Ministers are referred to the order set down before the Psalmes, for ministration of the Sacraments; which is all one with the former: for that was the order of the English Kirk at _Geneva_.

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

III. Concerning _Confirmation_; The Assembly findeth it to be comprehended in the clause of the Confession, where the _five bastard Sacraments_ are condemned. And seeing _Episcopacie_ is condemned, _imposition of hands_ by Bishops falleth to the ground. And in all the acts for catechising or examination before admission to the communion, no inkling of _imposition of hands_.

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

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

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

Act. Sess. 21. December 17. 1638.

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

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

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

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

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

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

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

_The Assembly alloweth this Article._

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

_The Assembly alloweth this article._

IV. Anent the _visitation of Kirks, Schooles, and Colledges_: It is thought meet that the acts of Assembly holden at _Edinburgh_ the 25. of _Junie_ 1565. Sess. 2. be put in execution: that the Ministers of the parochin, the Principall, _Regents_, and _professours_ within Colledges, and _Masters_, and Doctors of Schooles, be tryed concerning the soundnesse of their judgement in matters of Religion, their abilitie, for discharge of their calling, and the honesty of their conversation: as the act of Assembly at _Edinburgh_, _Juni 21. 1567._ Sess. 3. And the act of the Assembly holden at _Montrose_. 1595. Sess. 9. do import: and this visitation of Colledges to be by way of commission from the generall Assembly.

_The generall Assembly alloweth this article._

V. Anent _none residents_: It is thought necessary, that every Minister be oblished to reside in his own Parochin at his ordinarie Manse, for the better attending of the duties of his calling, conforme to the Acts of Assemblies, viz. act of Assembly at _Edinburgh_, _March 24. 1595._ Sess. 7. as also act at _Edinburgh_, _December 25. 1563._ Sess. 5. and Assembly at _Edinburgh_, _December 25. 1565._ Sess. 4. Assembly at _Edinburgh_, _March 6. 1572._ Sess. 3.

_The Assembly alloweth this article._

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

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

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

_The Assembly alloweth this article._

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

_The Assembly referreth this to the care of the particular presbyteries._

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

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

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

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

_Corruptions in the office._

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

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

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

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

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

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

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

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

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

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

Corruptions in their persons and lives.

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

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

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

“_That Ministers not resident at their flocks, be deposed
according to the acts of the generall Assembly, and laws of the
Realme: otherwise the burthren to be laid on the Presbyteries, and
they to be censured therefore._

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

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

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

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

Anent generall Assemblies.

“_To urge the keeping of the Acts anent the keeping of the
Assembly, that it may have the own reverence and majestie—_”

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

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

_The Assembly referreth this unto the care of the particular
Presbyteries._

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

_The Assembly referreth this article to the severall
Presbyteries._

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

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

XIII. Anent the entrie of Ministers to the ministrie: The Assembly thinks expedient that the act holden at St. _Andrews_, _April 24. 1582._ Sess. 7. Touching the age of _twenty five years_ be renewed, and none to be admitted before that time, except such as for rare and singular qualities shall be judged by the general or provincial Assembly to be meet and worthie thereof.

_The Assembly approveth this article._

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

_The Assembly referreth this article to the consideration of the
Burrows._

XV. Anent _the profanation of the Sabbath day in Landward_, especially for want of divine service in the afternoone: The Assembly ordaineth the act of Assembly holden at _Dundie, __ July 12. 1580._ Sess. 10. for keeping both dyets, to be put in execution.

_The Assembly alloweth this article._

XVI. Anent _frequenting with excommunicat persons_: The Assembly ordaineth that the act at _Edinburgh_, _March 5. 1569._ Sess. 10. to wit, _That these who will not forbear the companie of excommunicat persons after due admonition, be excommunicat themselves, except they forbear_, to be put in execution.

_The Assembly alloweth this article._

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

_The Assembly alloweth this Article._

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

_The Assembly referreth this article to the care of the
Presbyteries._

XX. Since the _office of Diocesane_, or lordly Bishop, is utterly abjured, and removed out of this Kirk: It is thought fit that all titles of dignitie, favouring more of poperie than of Christian libertie, as _Chapters_ with their elections and consecrations, _Abbots_, _Priors_, _Deans_, _Arch-deacons_, _Preaching-deacons_, _Chanters_, _Subchanters_, and others having the like title, flowing from the Pope and canon law only, as testifieth the second book of Discipline, bee also banished out of this reformed Kirk, and not to bee usurped or used hereafter under ecclesiastical censure.

_The Assembly alloweth this Article._

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

_The Assembly alloweth this article._

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

_The Assembly alloweth this article._

XXII. Anent _the buriall in Kirks_, the Assembly would be pleased to consider anent the act of Assembly at _Edinburgh_ 1588. Sess. 5. if it shall be put in execution, and to discharge funeral sermons, as favouring of superstition.

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

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

_The Assembly alloweth this article._

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

-------------------------------------

_The order of the Provincial Assemblies in_ Scotland, _according to the Presbyteries therein contained._

1. _The Provincial Assembly of_ Mers _and_ Tividail.

The Presbyteries of _Dunce._ _Chirnside._ _Kelso._ _Ersliltoun._ _Fedburgh._ _Melros._

The bounds. _Mers._ _Tividail._ _The Forrest._ _Lauderdail._

To meet the first time at _Fedburgh_, the third Twesday of _April_.

2. _The Provincial of_ Louthian.

The Presbyteries of _Dumbar._ _Hadingtoun._ _Dalkeeth._ _Edinburgh._ _Peebles._ _Linlithgow._

The bounds. east _Louthian._ w. _Louthian._ _Tweeddail._

To meet the first time at _Edinburgh_ the third Twesday of _April_.

3. _The Provincial of_ Perth.

The Presbyteries of _Perth._ _Dunkel._ _Aughterardor._ _Striviling._ _Dumblane._

The bounds. The Shyresdome of _Perth_ and of _Striviling Shire_.

To meet the first time at _Perth_, the second Twesday of _April_.

4. _The Province of_ Drumfrees.

The Presbyteries of _Dumfrees._ _Penpont._ _Lochmabane._ _Middilbee._

The bounds. _Niddisdaill._ _Annandaill._ _Ewsdaill._ _Eskdail._ _Wachopdaill._ & a part of _Galloway._

To meet the first time at _Drumfrees_, the second Twesday of _April_.

5. _The Provincial of_ Galloway.

The Presbyteries of _Wightoun._ _Kirkubright._ _Stanraver._

The bounds. The Shyresdome of _Wigtoun_, and _Stemartie of Kirkubright_.

To meet the first time at _Wigtoun_, third Twedsay of _April_.

_The Provincial Synod of_ Aire _or_ Irwing.

The Presbyteries of _Aire._ _Irwing._

The bounds. The Shyresdome of _Aire_.

To meet with the Provincial Synod of _Glasgow_ _pro hac vice_, the first Twesday of _April_.

6. _The Provincial Synod of_ Glasgow.

The Presbyteries of _Pasley._ _Dumbartane._ _Glasgow._ _Hammiltoun._ _Lanerik._

The bounds. The Shyr. of _Lennox_, the Barrony of _Renfrow_, the Shy. of _Clydsdail_ over and nether.

To meet with the Provinciall Synod Synod of _Aire_ and _Irwing_ at _Glasgow_, _pro hac vice_.

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

The Presbyteries of _Dunune._ _Kinloch._ _Inneraray._ _Kilmoir._ _Skye._

The bounds. The Shyrisdomes of _Argil_ & _Boot_, with a part _of Loohabar_.

To meet the first time at _Innereray_, the fourth Twesday of _April_.

8. _The Provincial Synod of_ Fife.

The Presbyteries of _St. Andrews._ _Cowper._ _Kirkadie._ _Dumfermling._

The bounds. The Shyresdome of _Fife._

To meet the first time at _Cowper_ in _Fife_ the first Twesday of _April_.

9. _The Provincial Synod of_ Angus _and_ Merns.

The Presbyteries of _Meegle._ _Dundie._ _Arbroth._ _Forfair Brechen Merns._

The bounds. The Shyresdomes of _Forfair_ and _Merns_.

To meet the first time at _Dundie_, the third Twesday of _April_.

10. _The Provincial Synod of_ Aberdene.

The Presbyteries of _Aberdene._ _Kincairdin._ _All-foord._ _Garioch._ _Ellan Deer._ _Turreffe._ _Fordyce._

The bounds. The Shyresdomes of _Aberdene_ and _Bamfe_.

To meet the first time at _new Aberdene_ the 3 Twesday of _April_.

11. _The provincial Synod of_ Murray.

The Presbyteries of _Innernes._ _Forresse._ _Elgin._ _Strabogie._ _Abernethie._ _Aberlower._

The bounds. The Shyresdomes of _Innernes_ in part, _Nairn_ in part, _Murray Bamf_ in part, _Aberden_ in part.

To meet the first time at _Forresse_ the last Twesday of _April_.

12. _The provincial Synod of_ Rosse.

The Presbyteries of _Chanrie._ _Taine._ _Dingwall._

The bounds. The Shyresdome of _Innernes_ in part.

To meet the first time at _Chanrie_, the second Twesday of _April_.

13. _The provincial Synod of_ Cathnes.

The Presbyteries of _Dornoch._ _Weeke._ or _Thurso._

The Bounds: _Cathnes._ _Sutherland._

To meet the first time at _Dornoch_, the third Twesday of _April_.

14. _The provincial Synod of_ Orkney _and_ Zetland.

The Presbyteries of _Kirkwall._ _Scalloway._

The Bounds: The Shyresdome of _Orkney_ and _Zetland_.

To meet the first time at _Kirkwall_, the second Twesday of _April_.

15. _The Provinciall Synod of the Isles_

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

-------------------------------------

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

It is remembred that of old the Synodall Assemblies that were nearest to others, had correspondence among themselves, by sending one or two Commissioners mutually from one to another, which course is thought fit to bee keeped in time comming: viz. The Provincials of _Louthian_, and _Mers_, &c. The Provincials of _Drumfreis_, _Galloway_, _Glasgow_, and _Argyll_, The Provincials of _Perth_, _Fyfe_, and _Angus_, &c. The Provincials of _Aberdein_ and _Murray_. The Provincials of _Rosse_, _Caithnes_, and _Orknay_. The Commissioners for correspondence amongst the Synodals to be a Minister and a ruling Elder.

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

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

Act Sess. 14. December 18. 1638.

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

Act. Sess. 25. December 19. 1638.

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

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

Act Sess. 26. December 20. 1638.

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

Act. Sess. 26. December 20. 1638.

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

Act Sess. 26. December 20. 1638.

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

Act Sess. 26. December 20.

_In the Assembly at_ Glasgow 1638. _concerning the confession of Faith renewed in Februar, 1638._

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

Act Sess. 26. December 20. 1638.

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

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

Act. Sess. 26. December 20. 1638.

_Concerning yearly generall Assemblies._

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

_Ordaining an humble supplication to be sent to the Kings Majestie._

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

To The Kings Most Excellent Majestie:

_The humble Supplication of the general Assembly of the Kirk of_ Scotland, _conveened at_ Glasgow, _November 21. 1638._

Most gracious Soveraigne,