Chapter 4

I. Manie of the voters in that pretended Assembly had no lawfull commission from the Kirk, to wit, 42 Noble men, officers of state, councellours, and Barrons, also the Bishops, contrare to the act of _Dundie_, 1597. And one of their caveats, the Noble men, were as commissioners from the King, the Bishops had no commission at all from the Presbyterie, for every Presbyterie out of which they came, had their full number of Commissioners beside them, as the register of the Assembly beareth.

II. In a lawfull Assembly there should be none but Commissioners from Presbyteries, Burghs, and Universities, and but three ministers at most, with one Elder, Commissioners from every Presbyterie, according to the act made at _Dundie_, 1597. But in that pretended Assembly, there were foure ministers from the severall Presbyteries, of _Edinburgh_, and _Cowper_, five from the Presbyteries of _Arbroth_, as the roll of the said pretended Assembly beareth, whereas there were no ruling Elders sent from Presbyteries, according to the book of policie and act of _Dundie_.

_Reasons for annulling the pretended Assembly at_ Glasgow, 1610.

I. The Commission of the pretended Commissioners to the meeting was null. 1. Because the election of them was not free, seeing they were nominate by the Kings Letters, as the Presbyterie books of _Edinburgh, Perth_, and _Hadingtoun_ declare. And the Bishop of St. _Andrews_ in his letter to some Presbyteries required them to send such commissioners as the King had nominate: assuring them, that none other would be accepted. This the Bishops letter registered in the Presbyterie books of _Hadingtoun_ doth cleare. 2. And whereas there were no ruling Elders sent from the Presbyteries to that pretended Assembly, as the roll of Commissioners sheweth; yet there were moe ministers from undue severall Presbyteries then three, as five from _Brechen_, five from _Arbroth_, five from _Kirkenbright_, seven from the Presbytery of _Argyl_, foure from the Presbyterie of _Cowper_, foure from _Linlithgow_, foure from _Pasley_, foure from _Hammilton_, foure from _Drumfreis_, foure from _Dunkell_: as the register of that Assembly beareth.

II. There where thirtie voters of Noble men and Barrons, beside the pretended Bishops, who had no commission from any Presbyterie. In the fourth Session of this pretended Assembly it is plainly said, That the Noble men and Barrons came to it by the Kings direction.

III. The voting of the commissioners was not free: for by the Kings Letter to the Assembly they were threatned, and it was declared that their content was not needfull to any act to be made there: The King might doe it by his own power, yet they were allured to vote by a promise that their good service in so doing should be remembred and rewarded thereafter.

IV. The principall acts which were made, were set down _verbatim_ in the privie conference, which chiefly consisted of the Kings Commissioners and pretended Bishops, and only read to be ratified in the Assembly.

V. Sundrie ministers then present, doe now declare, that they knew the ministers who voted the wrong way, to have received their present reward, and that money was largely dealt unto them.

_Reasons for annulling the pretended Assembly at_ Aberdene, 1616.

I. There was no election of a Moderatour: but that place usurped by the pretended Bishop of Saint _Andrews_, as the Register beareth.

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

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

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

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

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

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

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

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

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

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

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

III. No formall election of their new Clerk.

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

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

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

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

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

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

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

Act. Sess. 13. December 5. 1638.

_Against the unlawfull oaths of intrants._

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

Act. Sess. 14. December 6. 1638.

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

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

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

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

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

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

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

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

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

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

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

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

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

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