Chapter 9

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 Assembly, 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 Assembly: 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 GOD, 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 constitutions, 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 God; 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 Assembly in the necessarie Members thereof, and the matters to bee treated therein, contrarie to the intention of your Majesties Proclamation indicting a free Assembly 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 GOD knoweth was far from our thoughts) did suffer nothing, although most necessarie, most ordinarie, and most undenyable, to passe 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 GOD, 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 constitute Assembly) 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 God 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 circumspectly, and without offence, as in the sight of God, and as if your Majesties eyes had been looking upon us, labouring to proceed according to the word of God, our confession of Faith, and nationall oath, and the laudable constitutions of the lawfull Assemblies 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 Assembly, 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 constitutions, except wee would have been found fighting against GOD. 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 noble 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 GOD 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 Assembly, 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 GOD, 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 Assemblie, a most humble and loyall respect to your Majesties honour, which next unto the honour of the living GOD, lyeth nearest our hearts; if we have not keeped our selves within the limits of our reformation, without debording or reflecting upon the constitution 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 Assembly, 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 GOD, 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 constitution 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 lustre 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 godly.

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

_Edinburgh, the 12. of Jan. 1639._

THE GENERAL ASSEMBLY, AT EDINBURGH, 1639.

Sess. 8. August 17. 1639.

_Master_ George Grahame _his renouncing and abjuring of Episcopacie._

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

_Act approving an old Register of the Generall Assembly._

_The whole Assembly (upon the report made to them anent the old Register of the Assembly, gotten from Master_ John Rig) _all in one voice approved the said Register, And ordained the same to make faith in judgement, and outwith in all time coming: as a true and authentick Register of the Kirk of_ Scotland, _conforme __ to the testimonie subscribed by the Committee, to be insert in the Books of Assembly: whereof the tenor followeth:_

We under subscribers, Forsameikle as the late Generall Assembly holden at _Glasgow_, gave power and Commission to us, To peruse, examine, and cognosce upon the validity, faith, and strength of the books and Registers of the Assembly, particularly set down in the Commission given to us thereanent: According whereunto we did carefully view, peruse, and consider the saids Registers, and gave our testimony thereof under our hands, of the validity and sufficience of the samine, to the said Generall Assembly. And now having a new Commission given to us from the Generall Assembly now presently conveened and sitting at _Edinburgh_. To peruse, examine, and cognosce upon the validity, faith and strength of another Register of the Assembly, which was not set down and recommended to us by the said former Commission, which Register beginneth at the Assembly holden at _Edinburgh_ the sixt day of _March_ 1572. and endeth at the Assembly likewise holden at _Edinburgh_ 1573. we have carefully viewed, perused, and considered the said Register: And being deeply and maturely advised, as in a matter of greatest weight and consequence, do attest before God, and upon our consciences declare to the world, and this present Assembly, That the said Register above exprest, is a famous, authentick, and good Register, which ought to be so reputed, and have publike faith in judgement and outwith, as a valid and true Record in all things, And finds the same to be of the same handwrit, and subscribed by the same Clerk of the Generall Assembly as divers of the said other Registers (formerly perused by us) are. And in testimonie of our solemne affirmation we have subscribed these presents with our hand, at _Edinburgh_ the 14. day of _August_ 1639.

Act Sess. 19. August 27. 1639.

_Act approving the deposition of the Ministers by the Committees._

The Assembly, after the receiving of the whole reports from the Committees, appointed for revising of the processes and sentences, led, deduced, and pronounced before, and by the several Commissions granted by the Assembly at _Glasgow_, All in one voice approved the saids whole Processes as orderly proceeded, and the whole sentences pronounced therein till, as just and lawful decrees, without prejudice of any favour that can be showne to any person or persons, against whom the said sentences are pronounced upon their supplications, or of Justice to such as complain of their processe, and offers to reduce the same upon whatsoever reason competent, by the Constitutions of this Kirk and Kingdome, before the General Assembly and the Commissioners thereof, they being appointed for that effect.

Act Sess. 20. Aug. 28. 1639.

_Act anent receiving of deposed Ministers._

The which day the General Assembly upon the report of the Committees anent these who are deposed by Synods, Doe make this General Act, recommending to the Synods all these who are deposed befor them for subscribing of the Declinator, & reading of the Service book and for no other grosse cause, That upon their true repentance & submission to the Constitutions of this Kirk & upon their purgation and clearnesse from any grosse Faults laid to their charge in any new processe against them, they may be found by the Synod as capable of the Ministrie, when God grants them an ordinary and lawful calling by admission from the Presbyterie, either in the Church they served in before, or in any other Church.

Act Sess. 21. August 29. 1639.

_Act anent the keeping of the Lords Day._