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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 [pg 073] 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 [pg 074] 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 [pg 075] 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 [pg 076] 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.

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.

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Act Sess. 22. Aug. 29. 1639. a Meridie.

Articles and Overtures approved by the Assembly.

That some Commissioners be appointed to visit and peruse the whole Acts of General Assemblies, and to marke such Acts as are for the use of the Kirk in General, To extract the same out of the Registers, to the effect that after they be tryed, they may be printed according to the old Acts of the Assembly at Edinburgh, March 7. 1574. Sess. 9.

The Assembly appoints the Presbyterie of Edinburgh, to have a care of this article, and to report their diligence to the next Assembly.
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That course may be taken for restraining of people from passing to England to marry, which is the occasion of great in conveniences.

The Assembly alloweth this article, and recommends to the Parliament, that they would appoint a pecuniall summe to be payed by the contraveeners.

That the Acts for furnishing expences to Commissioners, sent by the Presbyteries to the General Assembly, and sent in Commission by Generall Assemblies, may be explained; And it be declared that all such Commissioners whatsoever, by their stipends may be furnished by the Kirks of the Presbyterie, according to the order, set down in the Act of the last Assembly, since the errand is common, and the benefit concerneth all: and that order may be taken, how that an expedient voluntarie course, thought fit by the Assembly, shall by advise of Parliament, have the force of a law, for compelling these to pay who are stented, both for the last and this Assembly and in time to come.

The Assembly allowes this article, and referres the same to the Parliament.

That the Session-books of every Paroche be presented once a year to the Presbyteries, that they may be tryed by them.

The Assembly alloweth this article.

That the Act of the 38. Assembly at Edinburgh, October 24, 1578. Sess. 8. ordaining Ministers who are deposed, to be charged under the pain of excommunication, to dimit their places, that they may be unquestionably vacand, may now be renewed.

The Assembly alloweth this article, and remits the same to the Parliament.

The Assembly would revive or renew all former Acts of Assembly against Papists, and excommunicate persons, against haunters with them and receivers of them.

The Assembly alloweth this article.

That an uniforme Catechisme may be appointed to be used throughout this whole Kingdome in the examinations before the Communion.

The Assembly alloweth this article.
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That all Ministers or Intrants presented to Kirks, be tryed before their admission, if they be qualified for the places to which they are presented, besides the ordinary tryalls of Expectants before their entrie to the Ministerie.

The Assembly alloweth this article.

Sess. 23. August 30. 1639.

The Supplication of the General Assembly to the Kings Majesties Commissioner, concerning the Book, called, The large Declaration.

We the Members of this present Assembly, for our selves, and in name of the severall Presbyteries, Burghs, and Universities, for which we are Commissioners resenting the great dishonour done to God, our King, this Kirk, and whole Kingdome, by the Book called, A large Declaration, have here represented the same to your Grace, and have collected some amongst many of false grosse and absurd passages; That from the consideration thereof, your Grace, perceiving the intolerable evills foresaids contained therein, may be pleased to represent the same to our gracious Soveraigne, and in our behalfs humbly to beseech his Majestie, so much wronged by the many foul and false relations, suggested and perswaded to him as trueths, and by stealing the protection of His Royal Name and Authoritie to the patrocinie of such a Book: To be pleased first to call in the said Book: and thereby to shew his dislike thereof: Next to give Commission and warrant, To cite all such parties as are either knowne or suspect to have hand in it, and to appoint such as His Majestie knowes to be either authors, informers, or any wayes accessarie, being Natives of this Kingdome, To be sent hither to abide their tryall and censure before the Judge Ordinary, and in speciall Master Walter Balcanquell, now Deane of Durham, who is known and hath professed to be the author, at least a vower and maintainer of a great part thereof; that by their examplar [pg 082] punishment, others may be deterred from such dangerous courses, as in such a way to raise sedition betwixt the King and His Subjects, Gods honour may be vindicate from so high contempt, His Majesties justice may appear, not only in cutting away such Malefactors, but in discouraging all such under-miners of His throne, His loyall and loving Subjects shall be infinitly contented to be cleared before the world of so false and unjust imputations, and will live hereafter in the greater securitie, when so dangerous a course of sedition is prevented, and so will have the greater and greater cause to pray for His Majesties long & prosperous Reigne.

His Majesties Commissioner in Councell having received the said supplication, promised to impart the same to His Majesty, and to report his diligence therein.

The Supplication of the Assembly to His Majesties High Commissioner, and the Lords of secret Councell.

Wee the Generall Assembly, considering with all humble and thankful acknowledgement, the many recent favours bestowed upon us by His Majestie, and that there resteth nothing for crowning of His Majesties incomparable goodnesse towards us, but that all the members of this Kirk and Kingdom be joyned in one and the same Confession and Covenant with God, with the Kings Majestie, and amongst ourselves: And conceiving the main lett and impediment to this so good a work, and so much wished by all, to have been the Informations made to his Majestie, of our intentions to shake off Civil and dutiful obedience due to Soveraignity, and to diminish the Kings greatnesse and authoritie, and being most willing and desirous to remove this and all such impediments which may hinder and impede so full and perfect an Union, and for clearing of our loyaltie, WEE in our own names, and in name of all the rest of the Subjects and Congregations whom we represent, do now [pg 083] in all humility represent to your Grace, His Majesties Commissioner, and the Lords of His Majesties most honourable privie Councel, and declares before God and the World, that we never had nor have any thought of with-drawing our selves from that humble and dutiful obedience to His Majestie, and to his Government, which by the descent & under the reign of 107 Kings is most chearfully acknowledged by us and our predecessors: And that we never had, nor have any intention nor desire to attempt any thing that may tend to dishonour of God, or the diminution of the Kings greatnesse and authoritie: But on the contrary, acknowledging our quietnesse, stabilitie and happinesse to depend upon the safety of the Kings Maj. Person, & maintenance of His greatnesse and Royal authority who is Gods Vice-gerent set over us, for the maintenance of Religion and ministration of Justice, We have solemnly sworn and do sweare, not only our mutual concurrence and assistance for the cause of Religion, and to the uttermost of our power, with our means and lives, to stand to the defence of our dread Soveraigne, his Person and authority, in preservation and defence of the true Religion, Liberties and Lawes of this Kirk and Kingdome, but also in every cause which may concerne His Majesties honour, shall according to the Lawes of this Kingdome, and the duties of good Subjects concurre with our friends and followers in quiet manner, or in armes, as we shall be required of His Majestie, His Councel, or any having his Authority. And therefore being most desirous to cleare our selves of all imputation of this kinde, and following the laudable example of our predecessors, 1589. do most humble supplicate your Grace, His Majesties Commissioner, and the Lords of His Majesties most honourable privie Councell, to enjoyn by Act of a Councel, that this Confession and Covenant, which, as a testimony of our fidelity to God, and loyaltie to our King, we have subscribed, be subscribed by all His Majesties Subjects, of what rank and quality soever.

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The Kings Majesties Commissioners Declarations.

The which day His Majesties Commissioner, and Lords of Councel, after the receiving of the Supplication of the General Assembly, anent the subscribing of the Covenant, having returned to the Assembly, His Majesties Commissioner in name of the Councel, declared; That he had received the Supplication of the Assembly, desiring that the Covenant might receive the force of an Act of Councel, to be subscribed by all His Majesties Subjects, that they had found the desire so fair and reasonable, that they conceived themselves bound in duety to grant the same; and thereupon have made an Act of Councel to that effect: And [pg 085] that there rested now the Act of Assembly. And that he himself was so fully satisfied, that he came now as his Majesties Commissioner to consent fully unto it: And that he was most willing that it should be enacted here in this Assembly, to oblige all his Majesties Subjects to subscribe the said Covenant, with the Assemblies explanation. And because there was a third thing desired, His subscription as the Kings Commissioner, unto the Covenant, which he behoved to do, with a Declaration in writ, and he declared as a Subject, he should subscribe the Covenant as strictly as any, with the Assemblies Declaration; but as His Majesties Commissioner in his name behoved to prefix to his subscription, the Declaration following, which no Scots Subjects should subscribe, or have the benefit of, no not himself as Earle of Traquair. The tenor whereof follows:

Seeing this Assembly, according to the laudable form and custome heretofore kept in the like cases, have in an humble and dutiful way, supplicate to us His Majesties Commissioner, and the Lords of His most honourable Privie Councel, That the Covenant, with the explanation of this Assembly, might be subscribed: And to that effect that all the Subjects of this Kingdome by Act of Councel be required to doe the same: And that therein for vindicating themselves from all suspitions of disloyaltie, or derogating from the greatnesse and authoritie of our dread Soveraigne, have therewith added a Clause, whereby this Covenant is declared one in substance with that which was subscribed by His Majesties Father of blessed memory 1580, 1581, 1590. and oftner since renewed. Therefore I as His Majesties Commissioner, for the full satisfaction of the Subjects, and for settling a perfect Peace in Church and Kingdome, doe according to my foresaids Declaration and Subscription, subjoyned to the Act of this Assembly of the date the 17 this instant, allow and consent that the Covenant be subscribed throughout all this Kingdome. In witnes whereof I have subscribed the premisses.

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Act ordaining the subscription of the Confession of Faith and Covenant, with the Assemblies Declaration.

The Generall Assembly considering the great happiness which may flow from a full and perfect Union of this [pg 087] Kirk and Kingdome, by joyning of all in one and the same Covenant with God, with the Kings Majestie, and amongst our selves, having by our great Oath declared the uprightnesse and loyaltie of our intentions in all our proceedings, and having withall supplicated His Majesties high Commissioner, and the Lords of His Majesties honorable Privie Councell, to injoyn by Act of Councell, all the Lieges in time coming to subscribe the Confession of faith and Covenant, which as a testimony of our fidelity to God and loyaltie to our King we have subscribed; And seeing His Majesties high Commissioner, and the Lords of His Majesties honorable Privie Councell, have granted the desire of our Supplication, ordaining by Civill authority, all His Majesties Lieges in time comming, to subscribe the foresaid Covenant, that our Union may be the more full and perfect, We by our Act and Constitution Ecclesiasticall, do approove the foresaid Covenant, in all the Heads and Clauses thereof and ordains of new, under all Ecclesiasticall censure, that all the Masters of Universities, Colledges, and Schooles, all Schollers at the passing of their degrees, all persons suspect of Papistry, or any other errour; and finally all the members of this Kirk & Kingdome, subscribe the same with these words prefixed to their subscription: The Article of this Covenant, which was at the first subscription referred to the determination of the General Assembly, being determined. And thereby the five Articles of Perth, the government of the Kirk by Bishops, the civill places and power of Kirkmen, upon the reasons and grounds contained in the Acts of the Generall Assembly declared to be unlawfull within this Kirk: we subscribe according to the determination foresaid. And ordains the Covenant, with this Declaration, to be insert in the Registers of the Assemblies of this Kirk, Generall, Provinciall, and Presbyteriall, ad perpetuam rei memoriam; and in all humility supplicates His Majesties high Commissioner, and the honourable Estates of Parliament, by their authority, to ratifie and injoyne the same, under all civill paines, which will tend to the glory of God, preservation of Religion, the Kings Majesties honour, and perfect peace of this Kirk and Kingdome.

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Sess. 24. Aug. 30. a meride.

The Assemblies Supplication to the KINGS MAJESTIE.

Most Gracious Souveraigne.

Wee Your Majesties most humble and loyall Subjects, the Commissioners from all the parts of this your Majesties ancient & native Kingdome, and members of the Nationall Assembly, conveened at Edinburgh by your Majesties speciall indiction, and honoured with the presence of Your Majesties high Commissioner, have been waiting for a day of rejoycing, and of solemne thanksgiving to be rendred to God by this whole Kirk and Kingdome, for giving us a King so just and religious, that it is not only lawfull for us to be Christians under Your Majesties government, which sometime hath been the greatest praise of great Princes, but also that it hath pleased Your gracious Maj. to make known that it is Your Royall will and pleasure, that all matters Ecclesiasticall be determined in free Nationall Assemblies, and matters civill in Parliaments; which is a most noble and ample expression of Your Majesties justice, and we trust [pg 090] shall be a powerful mean of our common happinesse under your Majesties most blessed Reign. In the mean while we do most humbly, upon the knees of our hearts, blesse your Majesty for that happinesse already begun in the late Assembly at Edinburgh; in the proceedings whereof, next under God, we have laboured to approve our selves unto Your Majesties Vice-gerent, as if Your Majesties eyes had been upon us, which was the desire of our souls, and would have beene the matter of our full rejoycing, and doe still continue Your Majesties most humble supplicants for Your Majesties civill sanction and ratification of the constitutions of the Assembly in Parliament; That your Majesties Princely power, and the Ecclesiasticall Authority joyning in one, the mutuall embracements of religion and justice, of truth and peace may be seen in this Land, which shall be to us as a resurrection from the dead, and shall make us, being not only so farre recovered, but also revived, to fill Heaven and Earth with our praises, and to pray that King CHARLES may be more and more blessed, and His throne established before the Lord for ever.

The Assembly appoints the next Generall Assembly, to sit at Aberdene the last Tuesday of July next, 1640. years. And warneth all Presbyteries, Universities and Burrows, to send their Commissioners, for keeping the same. And thereafter the Assembly was concluded by giving of thanks by the Moderator, and singing of a Psalme, according to the custome.

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