Act Sess. 26. December 20.

_In the a.s.sembly at_ Glasgow 1638. _concerning the confession of Faith renewed in Februar, 1638._

The a.s.sembly 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 a.s.sembly, 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 a.s.sembly 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 a.s.sembly 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 a.s.sembly holden at _Glasgow_: and ordaineth, _ad perpetuam rei memoriam_, the said Covenant with this declaration to be insert in the registers of the a.s.semblies 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 a.s.sembly, 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 a.s.sembly: Therefore the generall a.s.sembly: Doth humbly supplicate, that his Majestie may be graciously pleased, to acknowledge and approve the foresaid true interpretation, and meaning of the generall a.s.sembly, 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 G.o.d upon themselves and the land, for the abuse of his Name and Covenant; The a.s.sembly 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 a.s.sembly set down in the former act.

Act. Sess. 26. December 20. 1638.

_Concerning yearly generall a.s.semblies._

The a.s.sembly having considered the reasons lately printed for holding of general a.s.semblies, 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 a.s.semblies, and the great benefite arysing to the Kirk, from this one free and lawful a.s.sembly; finde it necessary to declare, and hereby declares, that by Divine, Ecclesiasticall, and Civill warrands, this national Kirk hath power and liberty to a.s.semble and conveen in her year-ly generall a.s.semblies, and oftner, _pro re nata_, as occasion and necessity shall require. Appointeth the next Generall a.s.sembly 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 advertis.e.m.e.nt to all the Presbyteries, Universities, and Burghes, to send their Commissioners for holding an occasionall a.s.sembly. And if in the meane time it shall please the Kings Majestie to indict a generall a.s.sembly, 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 a.s.sembly, 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 const.i.tutions: 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 a.s.sembly 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 a.s.sembly of the Kirk of_ Scotland, _conveened at_ Glasgow, _November 21. 1638._

Most gracious Soveraigne,

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 a.s.sembly, 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 a.s.sembly: 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 G.o.d, 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 const.i.tutions, 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 G.o.d; 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 a.s.sembly in the necessarie Members thereof, and the matters to bee treated therein, contrarie to the intention of your Majesties Proclamation indicting a free a.s.sembly 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 G.o.d knoweth was far from our thoughts) did suffer nothing, although most necessarie, most ordinarie, and most undenyable, to pa.s.se 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 G.o.d, 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 const.i.tute a.s.sembly) 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 G.o.d 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 circ.u.mspectly, and without offence, as in the sight of G.o.d, and as if your Majesties eyes had been looking upon us, labouring to proceed according to the word of G.o.d, our confession of Faith, and nationall oath, and the laudable const.i.tutions of the lawfull a.s.semblies 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 a.s.sembly, 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 const.i.tutions, except wee would have been found fighting against G.o.d. 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 n.o.ble 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 G.o.d 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 a.s.sembly, 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 G.o.d, 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 a.s.semblie, a most humble and loyall respect to your Majesties honour, which next unto the honour of the living G.o.d, lyeth nearest our hearts; if we have not keeped our selves within the limits of our reformation, without debording or reflecting upon the const.i.tution 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 a.s.sembly, 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 G.o.d, 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 const.i.tution 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 l.u.s.tre 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 G.o.dly.

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

_Edinburgh, the 12. of Jan. 1639._

THE GENERAL a.s.sEMBLY, AT EDINBURGH, 1639.

Sess. 8. August 17. 1639.

_Master_ George Grahame _his renouncing and abjuring of Episcopacie._

_The which day was given into the a.s.sembly, 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 a.s.sembly; and thereafter they ordained the same to be registrat in the a.s.sembly 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 a.s.sembly 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 G.o.d, 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 a.s.semblies 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 G.o.d, 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 Const.i.tutions of the late a.s.sembly 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 G.o.d, the peace of the Countrey, and the comfort and and contentment of all good Christians, as G.o.d 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 G.o.d 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 a.s.semblies of the Kirk, having also by publike Proclamation indicted this free national a.s.sembly, 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 a.s.sembly, now fully conveened and orderly const.i.tute 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 a.s.semblies before from the Kirk registers, to our full satisfaction, yet the Commissioners Grace making particular enquiry from the members of the a.s.sembly, 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 a.s.sembly, 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 Superst.i.tions and Idolatry, with a Book of Canons, without warrand or direction from the general a.s.sembly, establishing tyrannicall power over the Kirk in the person of Bishops, and overthrowing the whole discipline & government of the Kirk by a.s.semblies, with a Book of Consecration and Ordination, without warrand of Authoritie, Civill or Ecclesiasticall, appointing offices in the house of G.o.d, which are not warranted by the word of G.o.d, 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 a.s.sembly 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 const.i.tutions of this Kirk. Thirdly, the changing of the government of the Kirk, from the a.s.semblies 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 & const.i.tution 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 const.i.tutions 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 a.s.semblies 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 const.i.tute quite contrary to the order and const.i.tutions 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 a.s.semblies, rightly const.i.tute 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 a.s.sembly 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 const.i.tutions of the Generall a.s.semblies of this Kirk: And upon the grounds _respective_ 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 a.s.semblies, 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 a.s.semblies rightly const.i.tute, 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 a.s.semblies being first remonstrate to His Majestie by humble supplication: As also that Kirk Sessions, Presbyteries and Synodall a.s.semblies, be const.i.tute 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.