Chapter 5

The generall Assembly 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 Assembly 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 Assembly, 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 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, 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 God, and by vertue of this usurped power, and power of the high Commission, pressing the Kirk with novations in the worship of God: Therefore the Assembly moved with zeal to the glory of God, 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 Assembly, reverence the constitutions 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 Assembly, reverence not the constitutions of it, and obey not the sentence, and make his repentance, conforme to the order prescribed by this Assembly, 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 pronounced 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 Assembly, in case of the negligence of Presbyteries, and Synods.

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

The generall Assembly 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 Assembly 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 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 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 the usurped power, and power of the high Commission pressing the Kirk with novations in the worship of God: Therefore the assembly moved with zeal to the glorie of God, 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 Assembly, reverence the constitutions of it, and obey the sentence, and make his repentance conforme to the order prescribed by this Assembly, will admit him to the ministerie of a particular flok: and likewise, in case he acknowledge not this Assembly, reverence not the constitutions of it, and make his repentance conforme to the order prescribed by this Assembly, 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 pronounced 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 Assembly, in case of the negligence of Presbyteries and Synods.

Act of the Assembly 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 Assembly taking to their most grave and serious consideration, first the unspeakable goodnesse, and great mercy of God, 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 Assemblies, joyned with solemne humiliations and prayers to God, the discipline and government of the Kirk, as the hedge and guard of the doctrine and worship, was prescribed according to the rule of Gods word, in the book of Policie and Discipline, agreed upon in the Assembly 1578. and insert in the register 1581. established by the Acts of Assemblies, by the confession of Faith, sworn and subscribed, at the direction of the Assembly, 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 Gods 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 God, 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 Assembly, 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 Assembly 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 Assembly; finding it proper for them, and most necessary and incumbent 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 God, so religiously attested in the said Confession; have entered into a diligent search of the registers of the Kirk, and books of the generall Assembly, which the greatest part of the Assembly had not seen before; and which by the speciall providence of God 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 God, 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 damned & confuted by the word of God, 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_ GOD, _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_.

But so it is that Episcopall government is abhorred and detested, and the government by Ministers and Elders, in Assemblies generall and provinciall, and Presbyteries was sworn to, and subscribed in subscribing that Confession, and ought to be holden by us, if we adhere to the meaning of the Kirk, when that Confession was framed, sworn to, and subscribed; unto which we are obliged by the nationall oath and subscription of this Kirk, as is evident by the acts of generall Assemblies, agreed upon both before, at, and after the swearing and subscribing of the said Confession, in the years above-mentioned, and the book of policie agreed upon in the Assembly which was holden at _Edinburgh_ the twentie foure of _April_, and twentie foure of _October_, _Anno_ 1578. Insert in the register of the Kirk, by ordinance of the Assembly holden at _Glasgow_ 1581 and to be subscribed by all Ministers, that then did bear, or thereafter were to bear office in this Kirk, by ordinance of the Assembly holden the fourth of _August_ at _Edinburgh_ 1590. And at _Edinburgh_ the second of _July_ 1591. but specially in the 2. 3. 4. 6. 7. and 11, chapters of the said book.

The Bishops being tollerat from the year 1572, till the Assembly holden in _August_ 1575. And all this time the Assembly being wearied with complaints made against them, did enter in search of the office it selfe, and did agree in this that the name of a Bishop is common to every one of them that hath a particular flock, over which he hath a particular charge, as well to preach the word, as to minister the Sacraments.

At the next Assembly which was holden in _April_ 1576. Such Bishops were censured as had not taken them to a particular flock. In the generall Assembly conveened in _April_ the year of God 1578. Sess. 4. Intimation was made as followeth.

_For so much as the heads of the policie being concluded and agreed upon in the last Assembly, by the most part of the brethren: certain of the brethren had some difficultie in the head_ de diaconatu, _whereupon farther reasoning was reserved to this Assembly: It is therefore required, if any of the brethren have any reasonable doubt or argument to propone, that he be ready the morow, and then shall be heard and resolved_. In the 6. Sess. _April_ 26. According to the ordinance made the day before; all persons that had any doubt or argument to propone, were required to propone the same; but none offered to propone any argument on the contrare.

In the Assembly holden at _Edinburgh_, in _October_ 1578. It was showen by the Moderatour thereof to the noble-men, who were present, viz. _My Lord Chancelour_, the Earle of _Montrose_, my Lord _Seaton_, and my Lord _Lindsay_, _What care and study the Assembly had taken to entertain and keep the puritie of the sincere word of God, unmixed with the inventions of their own heads, and to preserve it to the posteritie hereafter, and seeing that the true Religion is not able to continue nor endure long without a good __ Discipline and policie, in that part also have they imployed their wit and studie, and drawen forth out of the pure fountain of Gods word, to bee a Discipline as is meet to remain in the Kirk_.

In the same Assembly, the speciall corruptions were set down, which they craved such of the Bishops as would submit themselves to the Assembly to remove, with promise, that if the generall Assembly, hereafter shall finde further corruptions in the said estate, then hitherto are expressed that they be content to be reformed by the said Assembly according to the word of God, when they shall be required thereto. First, _That they be content to bee Pastours and Ministers of one flock: That they usurpe no criminall jurisdiction, that they vote not in Parliament in name of the Kirk, without Commission from the Kirk: That they take not up for the maintenance of their ambition and rictousnesse, the emoluments of the Kirk, which may sustain many Pastours, the Schools, and the poore; but be content with reasonable livings according to their office: That they claime not to themselves the titles of Lords temporall, neither usurpe temporall jurisdictions, whereby they are abstracted from their office: That they empyre not above the particular Elderships, but be subject to the same: That they usurpe not the power of the Presbyteries._

The question being proponed by the Synod at _Loutbian_ in the Assembly holden in _July_ 1579. anent a generall order to be taken for erecting of Presbyteries in places where publick exercise is used, untill the time the policie of the Kirk be established by a law: It is answered, _The exercise may be judged to be a Presbyterie._ In the Assembly holden at _Dundie_ in _July_ 1580. Sess. 4, The office of a Bishop was abolished by a particular act; as appeareth by the tennour of the act following.

_For so much as the office of a Bishop, as it is now used and commonly taken withen this Realme, hath no sure warrand authoritie, nor good ground in the Scriptures, but is brought in by the foly and corruption of mans inventions, to the great overthrow of the Kirk of God, the whole Assembly of the Kirk in one voice after libertie given to all men to reason in the matter, none opponing himself in defending the said pretended office, findeth and declareth the said pretended office, used and termed, as is above said, unlawfull in the selfe, as having neither foundament, ground, nor warrand in the word of God, and ordaineth that all such persons, __ as brook or shall brook hereafter the said office, shall be charged simply to dimit, quite, and leave off the same, as an office whereunto they are not called of God: and suchlike, to desist and cease from all preaching, ministration of the Sacraments, or using any way the office of pastours, while they receive_ de novo, _admission from the generall Assembly, under the pain of excommunication to be used against them, wherein if they be found disobedient, or contradict this act in any point, the sentence of excommunication, after due admonition, to be execute against them._

In the same Assembly holden _Anno_ 1580. Sess. 10. This article was appointed to be proponed to the King and Councel, that the book of policie might be established by an act of privie Councel, _while a Parliament be holden, at which it might be confirmed by a law_.

The extent of the act made at _Dundie_, was interpreted and explained in the Assembly, holden at _Glasgow_, in _April_, 1581. Sess. 6. as followeth.

_Anent the Act made in the Assembly holden at_ Dundie _against Bishops, because some difficultie appeareth to some brethren to arise out of the word_ (office) _contained in the said act, what should be meaned thereby, The Assembly consisting for the most part of such as voted, and were present in the Assembly at_ Dundie, _to take away the said difficultie, resolving upon the true meaning and understanding of the said act, declare that they meaned wholly to condemne the whole estate of Bishops, as they are now in_ Scotland, _and that the same was the determination and conclusion of the Assembly at this time, because some brethren doubted, whether the former act was to be understood of the_ spiritual function _only, and others alledged, that the_ whole office of a Bishop _as it was used, was damnable, and that by the said act, the Bishops should be charged to dimit the same: This Assembly declareth that they meaned wholly to condemne the whole estate of Bishops, as they were then in_ Scotland, _and that this was the meaning of the Assembly, at that time_.

The Kings _Commissioner_ presented to this Assembly the Confession of Faith, subscribed by the King, and his houshold, not long before, together with a plot of the Presbyteries to be erected, which is registrate in the books of the Assembly, with a letter to be directed from his Majestie to the noble-men and gentle-men of the Countrey, for the erection of Presbyteries, consisting of Pastours, and Elders, and dissolution of Prelacies, and with an offer to set forward the Policie untill it were established by Parliament. The Kings letter subscribed by his hand, to the Noble-men, and Gentle-men, was read in open audience of the whole Assembly.

This Assembly ordained the book of Policie to be insert in the register by the act following.

_For as much as travels have been taken in the framing of the Policie of the Kirk, and diverse suits have been made to the Magistrat for approbation thereof, which yet have not taken the happie effect, which good men would wish, yet that the posteritie may judge well of the present age; and of the meaning of the Kirk; The Assembly hath concluded, that the book of Policie agreed to in diverse Assemblies before, should be registrat in the acts of the Kirk, and remaine therein_ ad perpetuam rei memoriam: _and the coppies thereof to be taken to every Presbyterie: of which book the tennour followeth, &c._

Immediatly after the inserting of the book of Policie, called there the book of Discipline, the Assembly ordained that the confession of Faith be subscribed as followeth.

_Anent the confession of Faith lately set forth by the Kings Majestie, and subscribed by his highnesse. The Assembly in one voice, acknowledgeth the said Confession to be a true, Christian, and faithful confession, to be eagreed unto by such as truly professe Christ, and have a care of Religion, and the tennour thereof to be followed out efoldly as the samine is laid out in the said Proclamation_, wherein that Discipline is sworn to.

In the general Assembly holden at _Edinburgh_ in _October_ 1581. Sess. 10. Mr. _Robert Montgomery_ is accused for teaching that Discipline is a thing indifferent. Sess. 23. The Assembly gave commission to the Presbyterie of _Stirling_, to charge Mr. _Robert Montgomerie_, to continue in the ministerie of _Stirling_, and not to medle with any other office or function of the Kirk, namely in aspyring to the Bishoprick of _Glasgow_, against the word of God, and acts of the Kirk, under the pain of excommunication.

In the same Assembly it is acknowledged that the estate of Bishops is condemned by the Kirk, a commission for erection of moe Presbyteries was renewed: and a new ordinance made for subscribing the confession of Faith, and to proceed against whatsoever persons that would not acknowledge and subscribe the same.

In the Assembly holden in _April_ 1582. there was a new commission for erection of Presbyteries, where none was as yet erected, Mr. _Robert Montgomerie_, pretending to be Bishop of _Glasgow_, was ordained to be deposed and excommunicat, except hee gave evident tokens of repentance, and promise to superseed, which he did not: and therefore he was excommunicat shortly after, according to the ordinance of this Assembly.

In the generall Assembly holden at _Edinburgh_, 1582. The generall Assembly gave commission to some Presbyteries, to try and censure such as were called Bishops, for the great slander arising by their impunitie. Commission was given at this Assembly to present some articles to the Councel and Estates, for approving and establishing by their authoritie the Presbyteries, the Synodall, and generall Assemblies. In the 19. Sess. The Assembly declared, that no Bishop may sit upon the Councell in name of the Kirk.

In the Assembly holden _Anno_ 1586. These two articles were agreed upon. First _It is found that all such as the Scripture appointeth governours of the Kirk, to wit Pastours, Doctours, and Elders, may conveen to the generall Assemblies, and vote in Ecclesiasticall matters._ Secondly: _There are foure office bearers set down to us by the Scriptures, to wit Pastours, Doctours, Elders, and Deacons, and the name of Bishop ought not to be taken as it hath been in time of Papistrie, but is common to all Pastours, and Ministers._

In the Assembly holden _Anno_ 1587. Sess. 8. It was ordained that the admission of Mr. _Robert Montgomerie_ by the Presbyterie of _Glasgow_, suppose to the temporalitie of the Bishoprick only, be undone and annulled with all possible diligence, to the effect slander might be removed from the Kirk. In Sess. 15. Mr. _Robert Pont_ shewed the Kings presentation to the Bishoprick of _Cathnes_, & desidered the judgement of the Assembly. The Assembly in their letter to the Kings Majestie, declared that they judged the said _Mr. Robert_ to be a Bishop already according to the Doctrine of St. _Paul_: But as to that corrupt estate or office, of these who have been termed Bishops heretofore, they found it not agreable to the word of God, and that it hath been damned in diverse Assemblies before.

In the instructions given to such as were appointed to wait upon the Parliament, it was ordained in the same Assembly Sess. 17. That they be careful that nothing be admitted prejudicial to the liberties of this Kirk, as it was concluded according to the word of God in the general Assemblies, preceeding the year 1584. but precisely to seek the same to be ratified in the Assembly holden in _March_ 1589. where the articles were made for subscribing the confession of Faith with the generall band, it was ordained as followeth.