The Acts Of The General Assemblies of the Church of Scotland Part 2

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

III. No formall election of their new Clerk.

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

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

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

VII. The pretended Bishops did practice foure of the articles to be concluded there, before the pretended a.s.sembly, in _Edinburgh_, _St.

Andrews_, and other cathedral Churches, by keeping festival dayes, kneeling at ye Communion. Thus their voices were prejudged by their practice of these services before condemned by the Kirk, and therefore they should have been secluded from voicing.

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

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

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

Act. Sess. 13. December 5. 1638.

_Against the unlawfull oaths of intrants._

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

Act. Sess. 14. December 6. 1638.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The generall a.s.sembly having heard the complaint and lybel given in against Mr. _Alexander Lindesay_ pretended Bishop of _Dunkell_, to the Presbytery of _Edinburgh_, and sundry Presbyteries of his pretended Dyocie, and by the Presbyteries referred to this a.s.sembly to be tryed: The said pretended Bishop being lawfully cited, often-times called, & not compearing, but by a letter of excuse submitting himself to the a.s.sembly, proceeded to the cognition of the complaint and lybell itselfe against him, and finding him guiltie of the breach of the cautions agreed upon in the a.s.sembly holden at _Montrose_, _Anno_ 1600 for restricting the minister voter in parliament, from encroaching upon the liberties and jurisdictions of this Kirk, which was set down with certification of deposition, infamie and excommunication, especially for receiving consecration to the office of Episcopacie condemned by the confession of Faith, and acts of this Kirk, as having no warrand nor foundament in the word of G.o.d, and by vertue of this usurped power, and power of the high Commission, pressing the Kirk with novations in the worship of G.o.d: Therefore the a.s.sembly moved with zeal to the glory of G.o.d, and purging of this Kirk, hath ordained the said Mr. _Alexander_ to bee deposed, and by these presents deposeth him, from the pretended Episcopall function, and from the office of commissionarie to vote in Parliament, Councel or Convention in name of the Kirk, and doth suspend him from all ministeriall function, and providing he acknowledge this a.s.sembly, reverence the const.i.tutions of it, and obey this sentence, and make his repentance conforme to the order prescribed, continueth him in the ministrie of St.

_Madoze_; And likewise, if he acknowledge not this a.s.sembly, reverence not the const.i.tutions of it, and obey not the sentence, and make his repentance, conforme to the order prescribed by this a.s.sembly, ordains him to be excommunicat, and declared to bee one of those whom Christ commandeth to bee holden by all and every one of the faithfull, as an Ethnick and Publicane, and the sentence of excommunication to be p.r.o.nounced upon his refusall, in the Kirks appointed, by one of these who are particularly named, to have the charge of trying his repentance or impenitencie, and that the execution of this sentence be intimate in all the Kirks within this Realme, by the Pastours of every particular congregation, as they will be answerable to their Presbyteries and Synods, or the next generall a.s.sembly, in case of the negligence of Presbyteries, and Synods.

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

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

Act of the a.s.sembly at _Glasgow_, Sess. 16. December 8. 1638.

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

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