Chapter IV: Part 4

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

_Collected, visied, and extracted forth of the Register of the acts of the Assembly by me_ Mr A. Jhonston _Clerk thereto, under my signe and subscription manuall._

_Edinburgh, the 12. of Jan. 1639._

THE GENERAL ASSEMBLY, AT EDINBURGH, 1639.

Sess. 8. August 17. 1639.

_Master_ George Grahame _his renouncing and abjuring of Episcopacie._

_The which day was given into the Assembly, direct from_ Master George Grahame, _sometimes pretended Bishop of_ Orknay, _an abjuration of Episcopacie, subscribed with his hand, which was publickly read in audience of the Assembly; and thereafter they ordained the same to be registrat in the assembly Books_ ad perpetuam rei memoriam, _whereof the tenor follows._

To all and sundry whom it effects, to whose knowledge these presents shall come, specially to the reverend and honourable Members of the future Assembly to be holden at _Edinburgh_, the twelfth day of _August_ 1639. years: Me Master _George Graham_, sometime pretended bishop of _Orknay_, being sorry and grieved at my heart that I should ever for any wordly respect have embraced the order of Episcopacie, the same having no warrand from the Word of God, and being such an order, as hath had sensibly many fearful and evill consequences in many parts of Christendome, and particularly within the Kirk of _Scotland_, as by doleful and deplorable experience this day is manifest, to have disclaimed, like as I by the tenor hereof doe altogether disclaime and abjure all Episcopal power and jurisdiction, with the whole corruptions thereof, condemned by lawful Assemblies within the said Kirk of _Scotland_, in regard the same is such an order as is also abjured within the said Kirk, by vertue of that National Oath with was made in the years 1580. and 1581. promising and swearing by the great Name of the Lord our God, That I shall never whiles I live, directly or indirectly, exerce any such power within the Kirk, neyther yet shall I ever approve or allow the same, not so much as in my private or publike discourse: But on the contrary, shall stand and adhere to all the Acts and Constitutions of the late Assembly holden at _Glasgow_, the 21. of _Novemb._ 1638. last by-past, and shall concurre to the uttermost of my power, sincerely and faithfully, as occasion shall offer, in execution the said Acts, and in advancing the Work of Reformation within this Land, to the glory of God, the peace of the Countrey, and the comfort and and contentment of all good Christians, as God shall be my help. In testimony of the which premisses, I have subscribed thir presents with my hand at _Breeknes_ in _Stronnes_, the eleventh day of _February_, the year of God 1639. years, before thir witnesses Master _Walter Stuart_, Minister at _Shoutronnaldsay_, Master _James Heynd_, Minister at _Kirkwall_, Master _Robert Peirson_, Minister at _Firth_, and Master _Patrick Grahame_, Minister at _Holme_, my Son.

Sess. 8. August 17. 1639.

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

The Kings Majestie having graciously declared, That it is His Royal will and pleasure, that all questions about Religion, and matters Ecclesiastical be determined by Assemblies of the Kirk, having also by publike Proclamation indicted this free national Assembly, for setling the present distraction of this Kirk, and for establishing a perfect peace, against such divisions and disordres as have been sore displeasing to his Majestie, and grievous to all his good Subjects. And now his Majesties Commissioner _John_ Earle of _Traquair_, intrusted and authorized with a full Commission, being present, and sitting in this Assembly, now fully conveened and orderly constitute in all the members thereof, according to the order of this Kirk, having at large declared His Majesties zeal to the reformed Religion, and His Royal care and tender affection to this Kirk, where His Majestie had both His Birth and Baptisme, His great displeasure at the manifold distractions and divisions of this Kirk and Kingdome, and His desires to have all our wounds perfectly cured with a fair and fatherly hand: And although in the way approven by this Kirk, tryal hath been taken in former Assemblies before from the Kirk registers, to our full satisfaction, yet the Commissioners Grace making particular enquiry from the members of the Assembly, now solemnly conveened, concerning the real and true causes of so many & great evils as this time past had so sore troubled the peace of this Kirk and Kingdome, It was represented to his Majesties Commissioner by this Assembly, That beside many other, the maine and most material causes were, First, The pressing of this Kirk, by the Prelates with a Service Book, or Book of Common Prayer, without warrand or direction from the Kirk, and containing beside the Popish frame thereof, diverse Popish errors and ceremonies, & the seeds of manifold grosse Superstitions and Idolatry, with a Book of Canons, without warrand or direction from the general Assembly, establishing tyrannicall power over the Kirk in the person of Bishops, and overthrowing the whole discipline & government of the Kirk by Assemblies, with a Book of Consecration and Ordination, without warrand of Authoritie, Civill or Ecclesiasticall, appointing offices in the house of God, which are not warranted by the word of God, and repugnant to the discipline and Acts of our Kirk, and with the high Commission, erected without the consent of the Kirk, subverting the jurisdiction and ordinary Judicatories of this Kirk, and giving to persons meerely Ecclesiasticall, the power of both swords, and to persons meerly Civill, the power of the Keys and Kirk-sensures. A second cause was the Articles of _Perth_, _viz._ the observation of Festivall dayes, kneeling at the Communion, Confirmation, Administration of the Sacraments in private places, which are brought in by a null Assembly and are contrary to the Confession of Faith, as it was meant and subscribed _Anno_ 1580, and divers times since and to the order and constitutions of this Kirk. Thirdly, the changing of the government of the Kirk, from the Assemblies of the Kirk to the persons of some Kirkmen, usurping prioritie and power over their Brethren by the way, and under the name of Episcopall government against the Confession of Faith, 1580 against the order set downe in the Book of Policy, and against the intention & constitution of this Kirk from the beginning. Fourthly the Civill places and power of Kirkmen, their sitting in Session, Councell and Exchequer, their Riding, Sitting, and voting in Parliament, and their sitting in the Bench as Justices of peace, which according to the constitutions of this Kirk are incompatible with their spiritual function, lifting them up above their Brethren in worldly pomp, and do tend to the hinderance of the Ministrie. Fiftly the keeping and authorizing corrupt Assemblies at _Linlithgow_, 1606. and 1608. At _Glasgow_, 1610. At _Aberdene_, 1616. At S. _Andrews_, 1617. At _Perth_, 1618. which ar null and unlawful, as being called and constitute quite contrary to the order and constitutions of this Kirk received and practised ever since the reformation of Religion, and withal laboring to introduce novations into this Kirk, against the order and religion established. A sixth cause is the want of lawful & free General Assemblies, rightly constitute of Pastors, Doctors, and Elders yearly, or oftner _pro re nata_, according to the libertie of this Kirk, expressed in the Book of Policy: and acknowledged in the Act of Parliament, 1592. After which the whole Assembly in one heart and voyce did declare, that these and such other, proceeding from the neglect and breach of the Nationall Covenant of this Kirk and Kingdome, made in _Anno_ 1580. have been indeed the true and maine causes of all our evills and distractions. And therefore ordain, according to the constitutions of the Generall Assemblies of this Kirk: And upon the grounds _respectivè_ above-specified, That the foresaid Service-Book, Books of Cannons, and Ordinaination, and the high Commission, be still rejected: that the Articles of _Perth_, be no more practised: That Episcopall Government, and the Civill places and power of Kirk-men be holden still as unlawfull in this Kirk: That the above named pretended Assemblies, At _Linlithgow_ 1606. and 1608. At _Glasgow_ 1610. At _Aberdene_ 1616. At S. _Andrews_ 1617. At _Perth_ 1618. be hereafter accounted as null, and of none effect. And that for preservation of Religion, and preventing all such evill in time-coming, Generall Assemblies rightly constitute, as the proper and competent judge of all matters Ecclesiasticall, heereafter be kept yearly and oftner, _pro re nata_, as occasion and necessity shall require; The necessity of these occasionall Assemblies being first remonstrate to His Majestie by humble supplication: As also that Kirk Sessions, Presbyteries and Synodall Assemblies, be constitute and observed, according to the order of this Kirk.

_After the voycing of the Act (anent the causes of our by gone
evills) His Majesties Commissioner consented verbally to the said
Act, and promised to give into the Clerk in writ, the Declaration
of His consent, and that he should ratifie this Act in the ensuing
Parliament._

Sess. 18. Aug. 26. 1639.

_Act approving an old Register of the Generall Assembly._

_The whole Assembly (upon the report made to them anent the old
Register of the Assembly, gotten from Master_ John Rig) _all in
one voice approved the said Register, And ordained the same to
make faith in judgement, and outwith in all time coming: as a true
and authentick Register of the Kirk of_ Scotland, _conforme __ to
the testimonie subscribed by the Committee, to be insert in the
Books of Assembly: whereof the tenor followeth:_

We under subscribers, Forsameikle as the late Generall Assembly holden at _Glasgow_, gave power and Commission to us, To peruse, examine, and cognosce upon the validity, faith, and strength of the books and Registers of the Assembly, particularly set down in the Commission given to us thereanent: According whereunto we did carefully view, peruse, and consider the saids Registers, and gave our testimony thereof under our hands, of the validity and sufficience of the samine, to the said Generall Assembly. And now having a new Commission given to us from the Generall Assembly now presently conveened and sitting at _Edinburgh_. To peruse, examine, and cognosce upon the validity, faith and strength of another Register of the Assembly, which was not set down and recommended to us by the said former Commission, which Register beginneth at the Assembly holden at _Edinburgh_ the sixt day of _March_ 1572. and endeth at the Assembly likewise holden at _Edinburgh_ 1573. we have carefully viewed, perused, and considered the said Register: And being deeply and maturely advised, as in a matter of greatest weight and consequence, do attest before God, and upon our consciences declare to the world, and this present Assembly, That the said Register above exprest, is a famous, authentick, and good Register, which ought to be so reputed, and have publike faith in judgement and outwith, as a valid and true Record in all things, And finds the same to be of the same handwrit, and subscribed by the same Clerk of the Generall Assembly as divers of the said other Registers (formerly perused by us) are. And in testimonie of our solemne affirmation we have subscribed these presents with our hand, at _Edinburgh_ the 14. day of _August_ 1639.

Act Sess. 19. August 27. 1639.

_Act approving the deposition of the Ministers by the Committees._

The Assembly, after the receiving of the whole reports from the Committees, appointed for revising of the processes and sentences, led, deduced, and pronounced before, and by the several Commissions granted by the Assembly at _Glasgow_, All in one voice approved the saids whole Processes as orderly proceeded, and the whole sentences pronounced therein till, as just and lawful decrees, without prejudice of any favour that can be showne to any person or persons, against whom the said sentences are pronounced upon their supplications, or of Justice to such as complain of their processe, and offers to reduce the same upon whatsoever reason competent, by the Constitutions of this Kirk and Kingdome, before the General Assembly and the Commissioners thereof, they being appointed for that effect.

Act Sess. 20. Aug. 28. 1639.

_Act anent receiving of deposed Ministers._

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

Act Sess. 21. August 29. 1639.

_Act anent the keeping of the Lords Day._

_The General Assembly recommendeth to the several Presbyteries the
execution of the old acts of Assembly, against the breach of the
Sabbath Day, by going of Mylnes, Salt-Pannes, Salmond-fishing, or
any such like labour; and to this end revives and renues the act
of the Assembly holden at_ Haly-rude-house, 1602. _Sess. 5.
whereof the tenor follows._

The Assembly considering that the conventions of the People, specially on the Sabbath Day are very rare in many places, by distraction of labour not only in harvest and seed-time, but also every Sabbath, by fishing both of the white fish, and Salmond-fishing, and in going of Mylnes. Therefore the Assembly dischargeth and inhibiteth all such labour of fishing, as well white fish and Salmond-fish, and going of Mylnes of all sorts upon the Sabbath, under the pain of incurring the censures of the Kirk: And ordaines the Commissioners of this Assembly, to mean the same to His Majestie, and to desire that a pecunial paine may be injoyned upon the contraveeners of this present Act.

Act Sess. 22. Aug. 29. 1639. _a Meridie._

_Articles and Overtures approved by the Assembly._

That some Commissioners be appointed to visit and peruse the whole Acts of General Assemblies, and to marke such Acts as are for the use of the Kirk in General, To extract the same out of the Registers, to the effect that after they be tryed, they may be printed according to the old Acts of the Assembly at _Edinburgh_, _March 7. 1574._ _Sess._ 9.

_The Assembly appoints the Presbyterie of_ Edinburgh, _to have a
care of this article, and to report their diligence to the next
Assembly._

That course may be taken for restraining of people from passing to _England_ to marry, which is the occasion of great in conveniences.

_The Assembly alloweth this article, and recommends to the
Parliament, that they would appoint a pecuniall summe to be payed
by the contraveeners._

That the Acts for furnishing expences to Commissioners, sent by the Presbyteries to the General Assembly, and sent in Commission by Generall Assemblies, may be explained; And it be declared that all such Commissioners whatsoever, by their stipends may be furnished by the Kirks of the Presbyterie, according to the order, set down in the Act of the last Assembly, since the errand is common, and the benefit concerneth all: and that order may be taken, how that an expedient voluntarie course, thought fit by the Assembly, shall by advise of Parliament, have the force of a law, for compelling these to pay who are stented, both for the last and this Assembly and in time to come.

_The Assembly allowes this article, and referres the same to the
Parliament._

That the Session-books of every Paroche be presented once a year to the Presbyteries, that they may be tryed by them.

_The Assembly alloweth this article._

That the Act of the 38. Assembly at _Edinburgh_, _October 24, 1578._ Sess. 8. ordaining Ministers who are deposed, to be charged under the pain of excommunication, to dimit their places, that they may be unquestionably vacand, may now be renewed.

_The Assembly alloweth this article, and remits the same to the
Parliament._

The Assembly would revive or renew all former Acts of Assembly against Papists, and excommunicate persons, against haunters with them and receivers of them.

_The Assembly alloweth this article._

That an uniforme Catechisme may be appointed to be used throughout this whole Kingdome in the examinations before the Communion.

_The Assembly alloweth this article._

That all Ministers or Intrants presented to Kirks, be tryed before their admission, if they be qualified for the places to which they are presented, besides the ordinary tryalls of Expectants before their entrie to the Ministerie.

_The Assembly alloweth this article._

Sess. 23. August 30. 1639.

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

We the Members of this present Assembly, for our selves, and in name of the severall Presbyteries, Burghs, and Universities, for which we are Commissioners resenting the great dishonour done to God, our King, this Kirk, and whole Kingdome, by the Book called, _A large Declaration_, have here represented the same to your Grace, and have collected some amongst many of false grosse and absurd passages; That from the consideration thereof, your Grace, perceiving the intolerable evills foresaids contained therein, may be pleased to represent the same to our gracious Soveraigne, and in our behalfs humbly to beseech his Majestie, so much wronged by the many foul and false relations, suggested and perswaded to him as trueths, and by stealing the protection of His Royal Name and Authoritie to the patrocinie of such a Book: To be pleased first to call in the said Book: and thereby to shew his dislike thereof: Next to give Commission and warrant, To cite all such parties as are either knowne or suspect to have hand in it, and to appoint such as His Majestie knowes to be either authors, informers, or any wayes accessarie, being Natives of this Kingdome, To be sent hither to abide their tryall and censure before the Judge Ordinary, and in speciall Master _Walter Balcanquell_, now Deane of _Durham_, who is known and hath professed to be the author, at least a vower and maintainer of a great part thereof; that by their examplar punishment, others may be deterred from such dangerous courses, as in such a way to raise sedition betwixt the King and His Subjects, Gods honour may be vindicate from so high contempt, His Majesties justice may appear, not only in cutting away such Malefactors, but in discouraging all such under-miners of His throne, His loyall and loving Subjects shall be infinitly contented to be cleared before the world of so false and unjust imputations, and will live hereafter in the greater securitie, when so dangerous a course of sedition is prevented, and so will have the greater and greater cause to pray for His Majesties long & prosperous Reigne.

_His Majesties Commissioner in Councell having received the said
supplication, promised to impart the same to His Majesty, and to
report his diligence therein._

_The Supplication of the Assembly to His Majesties High Commissioner, and the Lords of secret Councell._

Wee the Generall Assembly, considering with all humble and thankful acknowledgement, the many recent favours bestowed upon us by His Majestie, and that there resteth nothing for crowning of His Majesties incomparable goodnesse towards us, but that all the members of this Kirk and Kingdom be joyned in one and the same Confession and Covenant with God, with the Kings Majestie, and amongst ourselves: And conceiving the main lett and impediment to this so good a work, and so much wished by all, to have been the Informations made to his Majestie, of our intentions to shake off Civil and dutiful obedience due to Soveraignity, and to diminish the Kings greatnesse and authoritie, and being most willing and desirous to remove this and all such impediments which may hinder and impede so full and perfect an Union, and for clearing of our loyaltie, WEE in our own names, and in name of all the rest of the Subjects and Congregations whom we represent, do now in all humility represent to your Grace, His Majesties Commissioner, and the Lords of His Majesties most honourable privie Councel, and declares before God and the World, that we never had nor have any thought of with-drawing our selves from that humble and dutiful obedience to His Majestie, and to his Government, which by the descent & under the reign of 107 Kings is most chearfully acknowledged by us and our predecessors: And that we never had, nor have any intention nor desire to attempt any thing that may tend to dishonour of God, or the diminution of the Kings greatnesse and authoritie: But on the contrary, acknowledging our quietnesse, stabilitie and happinesse to depend upon the safety of the Kings Maj. Person, & maintenance of His greatnesse and Royal authority who is Gods Vice-gerent set over us, for the maintenance of Religion and ministration of Justice, We have solemnly sworn and do sweare, not only our mutual concurrence and assistance for the cause of Religion, and to the uttermost of our power, with our means and lives, to stand to the defence of our dread Soveraigne, his Person and authority, in preservation and defence of the true Religion, Liberties and Lawes of this Kirk and Kingdome, but also in every cause which may concerne His Majesties honour, shall according to the Lawes of this Kingdome, and the duties of good Subjects concurre with our friends and followers in quiet manner, or in armes, as we shall be required of His Majestie, His Councel, or any having his Authority. And therefore being most desirous to cleare our selves of all imputation of this kinde, and following the laudable example of our predecessors, 1589. do most humble supplicate your Grace, His Majesties Commissioner, and the Lords of His Majesties most honourable privie Councell, to enjoyn by Act of a Councel, that this Confession and Covenant, which, as a testimony of our fidelity to God, and loyaltie to our King, we have subscribed, be subscribed by all His Majesties Subjects, of what rank and quality soever.

_The Act of the Lords of Councel at_ Edinburgh, August 30. 1639. _containing the_ Answer _of the preceding_ Supplication.

The which day in presence of the Lord Commissioner and the Lords of privie Councel, compeired personally _John_ Earle of _Rothes_, _James_ Earle of _Montrose_, _John_ Lord _Lowdoun_, Sir _George Stirling_ of Keir Knight, Sir _William Douglas_ of Cavers Knight, Sir _Henry Wood_ of Bonytoun Knight, _John Smyth_ Burgesse of _Edinburgh_, Mr. _Robert Barclay_ Provest of Irwing, Mr. _Alexander Henderson_ Minister at Edinburgh, and Mr. _Archbald Johnstoun_ Clerk to the General Assembly, and in the name of the present sitting General Assembly, gave in to the Lord Commissioner, and Lords of privie Councel, the Petition above written; which being read, heard, and considered by the saids Lords, they have ordained, and ordain the same to be insert and registrate in the books of Privie Councel, and according to the desire thereof, ordaines the said Confession and Covenant to be subscribed in time coming by all His Majesties Subjects of this Kingdome, of what ranke and quality soever.

_The Kings Majesties Commissioners Declarations._

The which day His Majesties Commissioner, and Lords of Councel, after the receiving of the Supplication of the General Assembly, anent the subscribing of the Covenant, having returned to the Assembly, His Majesties Commissioner in name of the Councel, declared; That he had received the Supplication of the Assembly, desiring that the Covenant might receive the force of an Act of Councel, to be subscribed by all His Majesties Subjects, that they had found the desire so fair and reasonable, that they conceived themselves bound in duety to grant the same; and thereupon have made an Act of Councel to that effect: And that there rested now the Act of Assembly. And that he himself was so fully satisfied, that he came now as his Majesties Commissioner to consent fully unto it: And that he was most willing that it should be enacted here in this Assembly, to oblige all his Majesties Subjects to subscribe the said Covenant, with the Assemblies explanation. And because there was a third thing desired, His subscription as the Kings Commissioner, unto the Covenant, which he behoved to do, with a Declaration in writ, and he declared as a Subject, he should subscribe the Covenant as strictly as any, with the Assemblies Declaration; but as His Majesties Commissioner in his name behoved to prefix to his subscription, the Declaration following, which no _Scots_ Subjects should subscribe, or have the benefit of, no not himself as Earle of _Traquair_. The tenor whereof follows:

Seeing this Assembly, according to the laudable form and custome heretofore kept in the like cases, have in an humble and dutiful way, supplicate to us His Majesties Commissioner, and the Lords of His most honourable Privie Councel, That the Covenant, with the explanation of this Assembly, might be subscribed: And to that effect that all the Subjects of this Kingdome by Act of Councel be required to doe the same: And that therein for vindicating themselves from all suspitions of disloyaltie, or derogating from the greatnesse and authoritie of our dread Soveraigne, have therewith added a Clause, whereby this Covenant is declared one in substance with that which was subscribed by His Majesties Father of blessed memory 1580, 1581, 1590. and oftner since renewed. Therefore I as His Majesties Commissioner, for the full satisfaction of the Subjects, and for settling a perfect Peace in Church and Kingdome, doe according to my foresaids Declaration and Subscription, subjoyned to the Act of this Assembly of the date the 17 this instant, allow and consent that the Covenant be subscribed throughout all this Kingdome. In witnes whereof I have subscribed the premisses.

_Like as his Majesties Commissioner, read and gave in the Declaration following, of his consent to the Act of the Assembly_ 17. August, _anent the causes of our by gone evils._

I _John_ Earle of _Traquair_, His Majesties Commissioner this present Assembly, doe in His Majesties Name declare, that nothwithstanding of His Majesties own inclination, and many other grave and weightie consideration yet such is His Majesties incomparable goodnesse, that for settling the present distractions, and giving full satisfaction to the Subject, He doth allow, like as I His Majesties Commissioner do consent to the foresaid Act, and have subscribed the premisses.

_Like as His Majesties Commissioner, read and gave in the Declaration following:_

It is alwayes hereby declared by me His Majesties Commissioner, That the practise of the premisses, prohibited within this Kirk and Kingdome, outwith the Kingdome of _Scotland_ shall never bind nor inferre censure against the practises outwith the Kingdome; which when the Commissioner required to be insert in the Register of the Kirk, and the Moderator in name of the Assembly, refused to give warrant for such practise, as not agreeable with a good conscience His Grace urged, that it should be recorded, at least that he made such a Declaration, whatsoever was the Assemblies Judgement in the contrair: And so it is to be understood to be insert here onely _recitative_.

_Act ordaining the subscription of the Confession of Faith and Covenant, with the Assemblies Declaration._

The Generall Assembly considering the great happiness which may flow from a full and perfect Union of this Kirk and Kingdome, by joyning of all in one and the same Covenant with God, with the Kings Majestie, and amongst our selves, having by our great Oath declared the uprightnesse and loyaltie of our intentions in all our proceedings, and having withall supplicated His Majesties high Commissioner, and the Lords of His Majesties honorable Privie Councell, to injoyn by Act of Councell, all the Lieges in time coming to subscribe the Confession of faith and Covenant, which as a testimony of our fidelity to God and loyaltie to our King we have subscribed; And seeing His Majesties high Commissioner, and the Lords of His Majesties honorable Privie Councell, have granted the desire of our Supplication, ordaining by Civill authority, all His Majesties Lieges in time comming, to subscribe the foresaid Covenant, that our Union may be the more full and perfect, We by our Act and Constitution Ecclesiasticall, do approove the foresaid Covenant, in all the Heads and Clauses thereof and ordains of new, under all Ecclesiasticall censure, that all the Masters of Universities, Colledges, and Schooles, all Schollers at the passing of their degrees, all persons suspect of Papistry, or any other errour; and finally all the members of this Kirk & Kingdome, subscribe the same with these words prefixed to their subscription: _The Article of this Covenant, which was at the first subscription referred to the determination of the General Assembly, being determined. And thereby the five Articles of_ Perth, _the government of the Kirk by Bishops, the civill places and power of Kirkmen, upon the reasons and grounds contained in the Acts of the Generall Assembly declared to be unlawfull within this Kirk: we subscribe according to the determination foresaid._ And ordains the Covenant, with this Declaration, to be insert in the Registers of the Assemblies of this Kirk, Generall, Provinciall, and Presbyteriall, _ad perpetuam rei memoriam_; and in all humility supplicates His Majesties high Commissioner, and the honourable Estates of Parliament, by their authority, to ratifie and injoyne the same, under all civill paines, which will tend to the glory of God, preservation of Religion, the Kings Majesties honour, and perfect peace of this Kirk and Kingdome.

_Act anent Appellations._

The Assembly appointed that in all time hereafter, no Appellations should be leaping over either Presbyterie or Synod, but to ascend by degrees as from the Kirk Session to the Presbytry, or from the Presbyterie to the Synod, and from the Synod to the Generall Assembly, except it be after the Synod be past, and immediatly before the Generall Assembly, or in the time thereof, and renews all former Acts made to this effect.

_Act anent advising with Synods and Presbyteries before determination in Novations._

The Generall Assembly desiring that the intended Reformation being recovered, may be established, Ordains, that no Novation which may disturbe the peace of the Church, and make division, be suddenly proponed and enacted: But so as the motion be first communicate to the severall Synods, Presbyteries and Kirks, that the matter may be approved by all at home, and Commissioners may come well prepared, unanimously to conclude a solide deliberation upon these points in the Generall Assembly.

_Act anent Ministers Catechising, and Family Exercises._

The Assembly considering that the long waited-for fruits of the Gospel, so mercifully planted and preserved in this Land, and Reformation of ourselves, and Families, so solemnly vowed to God of late in our Covenant, cannot take effect, except the knowledge and worship of God be caried from the Pulpit to every family within each Parish, hath therefore appointed that every Minister, besides his paines on the Lords day, shall have weekly catechising of some part of the Paroch, and not altogether cast over the examination of the people, till a litle before the Communion. Also that in every Familie the worship of God be erected, where it is not both Morning and Evening, and that the Children & Servants be catechised at home, by the Masters of the Families, whereof account shall be taken by the Minister, and Elders assisting him in the visitation of every Family: And lest they fail, that visitation of the severall Kirks be seriously followed by every Presbyterie, for this end among others. The execution and successe whereof, being tried by the Synods, let it be represented to the next Generall Assembly.

Sess. 24. Aug. 30. _a meride._

_The Assemblies Supplication to the_ KINGS MAJESTIE.

Most Gracious Souveraigne.

Wee Your Majesties most humble and loyall Subjects, the Commissioners from all the parts of this your Majesties ancient & native Kingdome, and members of the Nationall Assembly, conveened at _Edinburgh_ by your Majesties speciall indiction, and honoured with the presence of Your Majesties high Commissioner, have been waiting for a day of rejoycing, and of solemne thanksgiving to be rendred to God by this whole Kirk and Kingdome, for giving us a King so just and religious, that it is not only lawfull for us to be Christians under Your Majesties government, which sometime hath been the greatest praise of great Princes, but also that it hath pleased Your gracious Maj. to make known that it is Your Royall will and pleasure, that all matters Ecclesiasticall be determined in free Nationall Assemblies, and matters civill in Parliaments; which is a most noble and ample expression of Your Majesties justice, and we trust shall be a powerful mean of our common happinesse under your Majesties most blessed Reign. In the mean while we do most humbly, upon the knees of our hearts, blesse your Majesty for that happinesse already begun in the late Assembly at _Edinburgh_; in the proceedings whereof, next under God, we have laboured to approve our selves unto Your Majesties Vice-gerent, as if Your Majesties eyes had been upon us, which was the desire of our souls, and would have beene the matter of our full rejoycing, and doe still continue Your Majesties most humble supplicants for Your Majesties civill sanction and ratification of the constitutions of the Assembly in Parliament; That your Majesties Princely power, and the Ecclesiasticall Authority joyning in one, the mutuall embracements of religion and justice, of truth and peace may be seen in this Land, which shall be to us as a resurrection from the dead, and shall make us, being not only so farre recovered, but also revived, to fill Heaven and Earth with our praises, and to pray that King CHARLES may be more and more blessed, and His throne established before the Lord for ever.

_The Assembly appoints the next Generall Assembly, to sit at_ Aberdene _the last Tuesday of_ July _next,_ 1640. _years. And warneth all Presbyteries, Universities and Burrows, to send their Commissioners, for keeping the same. And thereafter the Assembly was concluded by giving of thanks by the Moderator, and singing of a Psalme, according to the custome._

THE GENERALL ASSEMBLY, CONVEENED AT ABERDENE, JULY 28. 1640.

Sess. 2. July 29. 1640.

The Assembly having past the first day before they would make any Act in attending of His Majesties Commissioner.

This day the Moderator openly asked in face of the Assembly, if there was any Commissioner come from His Majestie: And finding there was none, the Assembly proceeded according to their Liberties.

_Overtures given in by the Committee appointed by the last Assembly, anent the ordering of the Assembly-house: Which being read in audience of the Assembly they approved the same._

I. The Assembly finds it expedient for the ordering of the House in all time coming, that the Commissioners sit together unmixt, and that the places where they sit be railed about, or some other way divided from the seats of others, and that places be provided without the bounds of the Commissioners seats to persons of respect, who are not Commissioners, and others according to their qualities, as the Magistrates of the Town shall find most convenient.

II. Also that the Commissioners, having received tickets from the Magistrates of the Burgh, at the delivery of their Commissions, whereby they may have ready accesse to the Assemblie-House and place appointed for them, do keep the hour of meeting precisely, and whosoever comes after the time, or shall be found absent at the calling of the Rols, to be censured as the Assemblie sees fitting: And whatsoever Presbyterie, Burgh, or Universitie, shall not send Commissioners, or Commissioners sent from them doe not come at all to the Assembly, be summond unto the next Assembly, and censured as the Assembly shall find reasonable.

III. That foure persons of respect have warrant from the Assembly to injoyne that there be no standing, no din, nor disorderly behaviour; And if any shall disobey them, or direct his speech to any, except to the Moderator, and that one at once with leave at first asked and given, to be rebuked publikely by the Moderator: And if he desist not be removed out of the Assembly for that Session.

IV. That no motion come in unto the Assembly but by the Committee appointed for matters of that nature: And if the Committee refused to answer the same, let it be proponed to the Assembly with the reasons thereof.

V. That the minutes of ilk Session be read before their rising, and if the matter concerne the whole Kirk, let it be drawn up in forme and read in the beginning of the next ensuing Session, that the Assembly may judge whether or not it bee according to their minde.

_Act anent the demolishing of Idolatrous Monuments._

Forasmuch as the Assembly is informed, that in divers places of this Kingdome, and specially in the North parts of the same, many Idolatrous Monuments, erected and made for Religious worship, are yet extant, Such as Crucifixes, Images of Christ, _Mary_, and Saints departed, ordaines the saids Monuments to be taken down, demolished, and destroyed, and that with all convenient diligence: And that the care of this work shall be incumbent to the Presbyteries and Provinciall Assemblies within this Kingdome, and their Commissioners to report their diligence herein to the next Generall Assembly.

_Act against Witches and Charmers._

The Assembly ordaines all Ministers within the Kingdome, carefully to take notice of Charmers, Witches, and all such abusers of the people, and to urge the Acts of Parliament, to be execute against them: And that the Commissioners from the Assembly to the Parliament, shall recommend to the said supreme judicatory, the care of the execution of the Lawes against such persons in the most behoovefull way.

Sess. 5. Aug. 1. 1640.

_Act for censuring speakers against the Covenant._

The Assembly ordaines, that such as have subscribed the Covenant and speakes against the same, if he be a Minister, shall be deprived: And if he continue so, being deprived, shall be excommunicate: And if he be any other man, shall be dealt with as perjured, and satisfie publikely for his perjury.

Sess. 10. Aug. 5. 1640.

_Act against Expectants refusing to subscribe the Covenant._

The Assembly ordaines, that if any Expectant shall refuse to subscribe the Covenant, he shall be declared uncapable of a Pedagogie, teaching of a School, reading at a Kirk, Preaching within a Presbyterie, and shall not have libertie of residing within a Burgh, Universitie or Colledge: And if they continue obstinate, to be processed.

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_The Generall Assembly appoints the next Assembly, to be in_ St. Andrews _the third Tuesday of_ July 1641. _And that the Moderator in a convenient way, by the secret Councell—or otherwise as may best serve, request the Kings Majestie to send his Commissioner to the said Assembly. And if any exigent fall out, that the Presbyterie of_ Edinburgh _give advertisement for an Assembly_ pro re nata.

THE GENERALL ASSEMBLY, HOLDEN AT ST. ANDREWS, AND EDINBURGH. 1641.

Sess. 1. July 20. 1641.

John _Earle of_ Weymes, _His Majesties Commissioner, presented His Majesties Letter to the Assembly, whereof the tenor followeth._

CHARLES R.

Trustie and welbeloved, Wee greet you well. It is no small part of Our Royall care and desires, that the true Reformed Religion, wherein by the grace of God, We resolve to live and dye, be settled peaceably in that Our ancient and native Kingdome of _Scotland_, and that the same be truly taught, and universally received and professed by Our Subjects there, of all degrees. For preventing of all division and trouble hereafter, We did intend in Our Own Royall Person, to have been present at this Assembly; but conceiving it to be unfitting, to detaine the Ministers from their particular charges, till the time of Our coming to the Parliament. We have resolved to make knowne unto you by these, and by Our Commissioner, That in the approaching Parliament, it is Our intention by Our authority, to ratifie and confirm the Constitutions of the late Assembly at _Edinburgh_, that they may be obeyed by all Our Subjects living in that Our Kingdome. And that We will take into Our Royall consideration, by what meanes the Churches belonging to Our presentation, when any of them shall happen to need, may be best provided with well qualified Preachers: Like as We are not unwilling, to grant presentations unto such as in these times of trouble have entred into the Ministerie, providing they have been examined by the Presbyteries, and approved by them: Because We want not Our own feares of the decay of Learning in that Church and Kingdome, We intend also to consider of the best meanes for helping the Scooles and Colledges of Learning especially of Divinity, that there may be such a number of Preachers there, as that each Parish having a Minister, and the Gospel being preached in the most remote parts of the Kingdome, all Our Subjects may taste of Our care in that kinde, and have more and more cause to blesse God that we are set over them. And finally, so tender is Our care, that it shall not be Our fault if the Churches and Colledges there flourish not in Learning and Religion: For which Royall testimonie of Our goodnesse, We require nothing upon your part, but that which God hath bound you unto, even that you be faithfull in the charge committed unto you, and care for the soules of the people: That you study Peace and Unity amongst your selves, and amongst the people, against all Schisme and Faction; and that you not only pray for Us, but that you teach the People, which We trust are not unwilling to pay that honour and obedience which they owe unto Us, as his Vicegerent set over them, for their good; wherein We expect you will by your good example goe before them. Which hoping you will doe, We bid you farewell. _From Our Court at_ Whitehall, _the 10. day of July 1641._

Sess. 3. July 28. 1641.

_Act approving the Overtures of the Assembly at_ Aberdene, _for ordering the Assembly-House_.

The Overtures for ordering the Assembly-House, given in to, and approved by the Assembly of _Aberdene_ the _29. July 1640._ Act Sess. 2 were openly read, and again approved by this Assembly, and ordained to be kept the whole time thereof.

Sess. 5. July 30. 1641.

_Act anent old Ministers bruiking their Benefices._