Chapter 8

15. _The Provinciall Synod of the Isles_

All the Kirks of the North-west Isles, viz. _Sky_, _Lewes_, and the rest of the Isles, which were lyable to the Diocie of the Isles, except the South-west isles which are joyned to the Presbyteries of _Argyll_, To meet the first time at _Skye_ the second Twesday of May.

That the Minister of the place where the Synodall Assembly meets shall preach the first day of their meeting, and give timouse advertisement to the rest of the Presbyteries.

It is remembred that of old the Synodall Assemblies that were nearest to others, had correspondence among themselves, by sending one or two Commissioners mutually from one to another, which course is thought fit to bee keeped in time comming: viz. The Provincials of _Louthian_, and _Mers_, &c. The Provincials of _Drumfreis_, _Galloway_, _Glasgow_, and _Argyll_, The Provincials of _Perth_, _Fyfe_, and _Angus_, &c. The Provincials of _Aberdein_ and _Murray_. The Provincials of _Rosse_, _Caithnes_, and _Orknay_. The Commissioners for correspondence amongst the Synodals to be a Minister and a ruling Elder.

The Assembly recommendeth to the severall Presbyteries the execution of the old acts of Assemblies, against the break of the Sabbath-day, by the going of Milles, Salt-pans, Salmond-fishing, or any such-like labour, and to this end revives and renews the act of the Assembly, holden at _Halyrudehouse_ 1602. Sess. 5 whereof the tennor followeth.

“_The Assemblie considering that the conventions of the people, specially on the Sabbath-day, are verie rare in manie places, by distraction of labour, not only in Harvest and Seed-time, but also every Sabbath by fishing both of whyte fish and Salmond fishing, and in going of Milles; Therefore the Assemblie, dischargeth and inhibiteth, all such labour of fishing as-well whyte fish as Salmond fish, and going of Miles of all sorts upon the Sabbath-day, under the paine of incurring the censures of the Kirk. And ordains the Commmissioners of this Assemblie to meane the same to his Majestie, and to desire that a pecuniall paine may be injoyned upon the contraveeners of this present act._”

Act Sess. 14. December 18. 1638.

The Assembly considering the great necessity of purging this land from bygone corruptions, and of preserving her from the like in time coming, ordaineth the Presbyteries to proceed with the censures of the Kirk, to excommunication, against those Ministers who being deposed by this Assembly acquiesces not to their sentences, but exercise some part of their Ministerial function, refuseth themselves, and with-draw others from the obedience of the acts of the Assembly.

Act. Sess. 25. December 19. 1638.

_Against the civil places and power of Kirk-men._

The generall Assembly, remembering that among other causes of the application of the confession of Faith to the present time, which was subscribed in _February_ 1638. The clause touching the civill places and power of Kirk-men, was referred unto the tryal of this Assembly; entered into a serious search thereof, especially of their sitting on the bench, as Justices of peace, their sitting in Session and Councel, their riding and voting in Parlament: and considering how this vote in Parliament, was not at first sought nor requyred by this Kirk, or worthy men of the Ministerie, but being obtruded upon them, was disallowed for such reasons as could not well be answered (as appeareth by the conference, holden at _Halyrude-house_ 1599. which with the reasons therein contained was read in the face of the Assembly) & by plurality of voices nor being able to resist that enforced favour, they foreseeing the dangerous consequences thereof, in the Assembly at _Montrose_ did limitate the same by many necessare cautions: Considering also the protestation made in the Parliament 1606 by Commissioners from Presbyteries, and provincial Assemblies, against this restitution of Bishops to vote in Parliament, and against all civil offices in the persons of Pastors, separate unto the Gospel, as incompatible with their spiritual function; with the manifold reasons of that Protestation from the word of God, ancient Councels, ancient and moderne Divines, from the Doctrine, discipline and Confession of Faith of the Kirk of _Scotland_, which are extant in print, and were read in the audience of the Assembly: Considering also from their own experience the bad fruits and great evils, which have been the inseparable consequents of these offices, and that power in the persons of Pastors separate to the Gospel, to the great prejudice of the freedome and libertie of the Kirk, the jurisdiction of her Assemblies, and the powerful fruits of their spiritual Ministerie; The Assembly most unanimously in one voice, with the hesitation of two allanerly, declared, that as on the one part the Kirk and the Ministers thereof are oblidged to give their advise and good counsel in matters concerning the Kirk or the Conscience of any whatsomever, to his Majestie, to the Parliament, to the Councel, or to any members thereof, for their resolutions from the word of God, So on the other part, that it is both in-expedient, and unlawful in this Kirk, for Pastors separate unto the Gospel to brook civil places, and offices, as to be Justices of peace; sit and decerne in Councel, Session, or Exchecker; to ride or vote in Parliament, to be Judges or Assessors in any Civil Judicatorie: and therefore rescinds and annuls, all contrarie acts of Assembly, namely of the Assembly holden at _Montrose_ 1600. which being prest by authority, did rather for an _interim_ tolerat the same, and that limitate by many cautions; for the breach whereof the Prelats have been justly censured, then in freedome of judgement allow thereof, and ordaineth the Presbyteries to proceed with the Censures of the Kirk, against such as shall transgresse herein in time coming.

Act Sess. 26. December 20. 1638.

The Assembly considering the great prejudice which Gods Kirk in this land, hath sustained these years by-past, by the unwarranted printing of lybels, pamphlets, and polemicks; to the disgrace of Religion, slander of the Gospel, infecting and disquyeting the mindes of Gods people, and disturbance of the peace of the Kirk, and remembring the former acts, and custome of this Kirk, as of all other Kirks, made for restraining these and the like abuses, and that nothing be printed concerning the Kirk, and Religion, except it be allowed by these whom the Kirk intrusts with that charge: The Assembly _unanimously_, by vertue of their ecclesiastical authority, dischargeth and inhibiteth all printers within this Kingdome, to print any act of the former Assemblies, any of the acts or proceedings of this Assembly, any confession of Faith, any Protestations, any reasons _pro_ or _contra_, anent the present divisions and contraversies of this time, or any other treatise whatsoever which may concerne the Kirk of Scotland, or Gods cause in hand, without warrand subscribed by Mr. _Archbald Johnston_, as Clerk to the Assembly, and Advocate for the Kirk; or to reprint without his warrand, any acts or treatises foresaids, which he hath caused any other to print, under the paine of Ecclesiastical censures to be execute against the transgressours by the several Presbyteries, and in case of their refusal, by the several Commissioners from this Assembly: Whereunto also we are confident, the honourable Judges of this land will contribute their civill authority: and this to be intimat publickly in pulpit, with the other generall acts of this Assembly.

Act. Sess. 26. December 20. 1638.

The generall Assembly ordaineth all Presbyteries and Provinciall Assemblies to conveen before them, such as are scandalous and malicious, and will not acknowledge this Assembly, nor acquiesce unto the acts thereof: And to censure them according to their malice and contempt, and acts of this Kirk: and where Presbyteries are refractarie, granteth power unto the severall Commissions to summond them to compear before the next generall Assembly to be holden at _Edinburgh_, the third Wedinsday of Julie, to abide their tryall and censure.

Act Sess. 26. December 20. 1638.

The Assembly considering the acts and practise of this Kirke in her purest times, that the Commissioners of every Presbyterie, Burgh, and Universitie, were both ordained to take, and really did take from the Clerk; the whole generall acts of the Assembly, subscribed by the Clerk: Whereby they might rule and conforme their judicatorie themselves, and all persons within their jurisdictions, unto the obedience thereof: Considering the great prejudices we have lately felt out of ignorance of the acts of Assembly, Considering also the great necessity in this time of reformation, beyond any other ordinarie time, to have an extract thereof: The Assembly ordaineth be this present act, that all Commissioners from Presbyteries, Burghes and Universities, presently get under the Clerks hand an Index of the acts, till the acts themselves be extracted, and thereafter to get the full extract of the whole generall acts, to be insert in their Presbyterie books, whereby all their proceedings may be regulate in time coming. Likeas the Assembly recommendeth unto every Kirk Session, for the preservation of their particular Paroch from the reentrie of the corruptions now discharged, and for their continuance in the Covenant, anent doctrine, worship and discipline now declared, to obtain an extract of these acts: especially if they be printed: Seeing their pryce will no wayes then be considerable: as the benefite both of the particular Parish, and the interest of the whole Kirk, in the preservation thereof from defection is undenyable: seeing Presbyteries are composed of sundry Parochins, and so must be affected, or infected as they are, as Provinciall and generall Assemblies are composed of Presbyteries, and so must be diposed as they are.

Act Sess. 26. December 20.

_In the Assembly at_ Glasgow 1638. _concerning the confession of Faith renewed in Februar, 1638._

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

Act. Sess. 26. December 20. 1638.

_Concerning yearly generall Assemblies._

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

Most gracious Soveraigne,