The Acts Of The General Assemblies of the Church of Scotland. Church of Scotland. General Assembly
of Argyl, foure from the Presbyterie of Cowper, foure from Linlithgow, foure from Pasley, foure from Hammilton, foure from Drumfreis, foure from Dunkell: as the register of that Assembly beareth.
II. There where thirtie voters of Noble men and Barrons, beside the pretended Bishops, who had no commission from any Presbyterie. In the fourth Session of this pretended Assembly it is plainly said, That the Noble men and Barrons came to it by the Kings direction.
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III. The voting of the commissioners was not free: for by the Kings Letter to the Assembly they were threatned, and it was declared that their content was not needfull to any act to be made there: The King might doe it by his own power, yet they were allured to vote by a promise that their good service in so doing should be remembred and rewarded thereafter.
IV. The principall acts which were made, were set down verbatim in the privie conference, which chiefly consisted of the Kings Commissioners and pretended Bishops, and only read to be ratified in the Assembly.
V. Sundrie ministers then present, doe now declare, that they knew the ministers who voted the wrong way, to have received their present reward, and that money was largely dealt unto them.
Reasons for annulling the pretended Assembly at Aberdene, 1616.
I. There was no election of a Moderatour: but that place usurped by the pretended Bishop of Saint Andrews, as the Register beareth.
II. The indiction of that pretended Assembly was but twentie dayes before the holding of it: so that the Presbyteries and burghes could not be prepared for sending their commissioners: which caused the absence of many Presbyteries and fourtie foure Burghes.
III. There were twentie five noble-men, and gentle-men voters without commission from the Kirk. Ma. William Struthers voted for the Presbyterie of Edinburgh, yet had no commission there-from. The commission being given by that Presbyterie to other three, as the said Commission registrar in the books of the Presbytery beareth. And whereas there should be but one Commissioner from every burgh, except Edinburgh, to the Assembly; at this pretended Assembly, there were two Commissioners from Glasgow, two from Cowper, two from St. Andrews: whereas there were no ruling Elders having commission from their Presbyteries at that Assembly.
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IV. When the acts of that pretended assembly were written, the Bishop of St. Andrews with his own hand did interline, adde, change, vitiate, direct to be extracted or not extracted, as he pleased: as the scrolls themselves seen, doe show; wherefore the Clerk did not registrat the acts of that Assembly, in the books of Assemblies, as may be easily seen by the blank in the register left for them remaining unfilled.
The nullitie of the pretended Assembly at Saint Andrews, 1617.
I. There is no mention of it in the register of the Assemblies, and so no warrand for their commissions, their Moderatour or Clerk.
II. The indiction of it was so unformall, that as the scroll declareth, a great part of the Commissioners from Synods, Burrows, and gentle-men, would not be present.
III. The Kings Majestie in his letter to Perths Assembly, acknowledged it was but a meeting, wherein disgrace was offered to his Majestie.
IV. The former corruptions of the foure preceding Assemblies had their confluence in this and the subsequent Assembly.
Reasons for annulling the pretended Assembly, holden at Perth, 1618.
I. The Assembly was indicted but twentie dayes before the holding of it: and all parties requisit received not advertisement, as appeareth by their absence. The untimous indicting of it, is cleared by Presbyterie books.
II. There was no election of the Moderatour, as was accustomed to be in lawfull Assemblies; The register cleareth this.
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III. No formall election of their new Clerk.
IIII. There were five whole Dioces absent, viz. Orknay, Cathnes, Rosse, Argyll, and Isles: and many Presbyteries had no Commissioners there, as the register of that pretended Assembly beareth.
V. There were nineteen noblemen and Barrons, eleven Bishops that had no Commission from the Kirk. Whereas the act for constitution of Assemblies, ordaineth every Burgh to have but one Commissioner, except Edinburgh, which may have two (Act at Dundie 1597) yet in that pretended Assembly, Perth had three Commissioners, Dundie, had two, Glasgow had two, and St. Andrews had two: Of the Burghes, there were there six absent: And for ruling Elders, there were none at all with commission from their Presbyteries. All these things are cleared by the records of that pretended Assemblie.
VI. The Commissioners from some Presbyteries exceeded their numbers prescribed in the act at Dundie, 1597, for the Presbyterie of Arbroth were foure Commissioners and three for the Presbyterie of Aughterardour: Beside these that were heard to vote, having no commission at all, and some who had commission were rejected, and were not enrolled, but others put in their place without commission.
VII. The pretended Bishops did practice foure of the articles to be concluded there, before the pretended Assembly, in Edinburgh, St. Andrews, and other cathedral Churches, by keeping festival dayes, kneeling at ye Communion. Thus their voices were prejudged by their practice of these services before condemned by the Kirk, and therefore they should have been secluded from voicing.
VIII. In all lawfull Assemblies, the voicing should be free: But in this pretended Assembly there were no free voicing; for the voicers were threatned to voice affirmative, under no lesse pain nor the wrath of authoritie, imprisonment, banishemnt, deprivation of ministers, and utter subversion of the state: Yea, it was plainly professed, that neither reasoning nor the number of voices should carie the matter away: Which is qualified by the declaration of many honest old reverend Brethren of the ministery now present.
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IX. In all lawful Assemblies, the grounds of proceeding were, and used to be, the word of God, the confession of Faith, and acts of former general Assemblies. But in this pretended Assembly, the ground of their proceeding in voicing was the Kings commandment only: For so the question was stated: Whether the five articles, in respect of his Majesties commandement, should passe in act, or not: As the records of that pretended Assembly beareth. Where it is declared, that for the reverence and respect which they bear unto his Majesties Royal commandements, they did agree to the foresaids articles.
X. Many other reasons verifying the nullitie of all these Assemblies, were showen and proven before the Assembly, which needeth not here to be insert.
Act. Sess. 13. December 5. 1638.
Against the unlawfull oaths of intrants.
The six Assemblies immediately preceeding, for most just and weightie reasons above-specified, being found to be unlawful, and null from the beginning: The Assembly declareth the oathes and subscriptions exacted by the Prelates of the intrants in the ministerie all this time by past (as without any pretext of warrand from the Kirk, so for obedience of the acts of these null Assemblies, and contrare to the ancient and laudable constitutions of this Kirk, which never