The Acts of the General Assemblies of the Church of Scotland

by Church of Scotland. General Assembly

Act. Sess. 14. December 6. 1638.

Condemning the Service-book, Book of Canons, Book of Ordination, and the high Commission.

I. The Assembly having diligently considered the Book of common prayer, lately obtruded upon the reformed Kirk within this Realme, both in respect of the manner of the introducing thereof, and in respect of the matter which it containeth, findeth that it hath been devised and brought in by the pretended Prelats, without direction from the Kirk, and pressed upon ministers without warrand from the Kirk, to be universally received as the only forme of divine service under all highest paines, both civill and ecclesiasticall, and the book it self, beside the popish frame and forms in divine worship, to containe many popish errours and ceremonies, and the seeds of manifold and grosse superstition and idolatrie. The Assembly therefore all in one voice, hath rejected, and condemned and by these presents doth reject and condemne the said book, not only as illegally introduced, but also as repugnant to the doctrine, discipline and order of this reformed Kirk, to the Confession of Faith, constitutions of generall Assemblies, and acts of Parliament establishing the true Religion; and doth prohibite the use and practice thereof: and ordaine Presbyteries to proceed with the censure of the Kirk against all such as shall transgresse.

II. The Assembly also, taking to their consideration the book of Canons, and the manner how it hath been introduced, findeth that it hath been devised by the pretended Prelats, without warrand or direction from the generall Assembly; and to establish a tyrannicall power in the persons of the pretended Bishops, over the worship of God, mens consciences, liberties and goods, and to overthrow the whole discipline and government of the generall [pg 017] and Synodall Assemblies, Presbyteries, and Sessions formerly established in our Kirk.

Therefore the Assembly all in one voice hath rejected and condemned, and by these presents doth reject and condemne the said book, as contrare to the confession of our Faith, and repugnant to the established government, the book of Discipline, and the acts and constitutions of our Kirk: prohibits the use and practise of the same; and ordains Presbyteries to proceed with the censure of the Kirk against all such as shall transgresse.

III. The Assembly having considered the book of consecration and ordination, findeth it to have been framed by the Prelats, to have been introduced and practised without warrand of authority, either civill or ecclesiasticall: and that it establisheth offices in Gods house, which are not warranded by the word of God, and are repugnant to the Discipline, and constitutions of our Kirk, that it is an impediment to the entrie of fit and worthie men to the ministery, and to the discharge of their dutie after their entrie, conforme to the discipline of our Kirk. Therefore the Assembly all in one voice hath rejected and condemned, and by these presents doe reject and condemne the said book; and prohibits the use and practise of the same: And ordaines Presbyteries to proceed with the censure of the Kirk against all such as shall transgresse.

IV. The generall Assembly, after due tryall, having found that the Court of high Commission, hath been erected without the consent or procurement of the Kirk, or consent of the Estates in Parliament, that it subverteth the jurisdiction and ordinarie judicatories and Assemblies of the Kirk-Sessions, Presbyteries, provinciall and nationall Assemblies, that it is not regulate by lawes civill or ecclesiasticall, but at the discretion and arbitrement of the Commissioners; that it giveth to ecclesiasticall persons, the power of both the swords, and to persons meerly civill, the power of the keys and Kirk censures: Therefore the Assembly all in one voice, hath disallowed and condemned, and by these presents doth disallow and condemne the said court, as unlawfull in it selfe, and prejudiciall to the liberties of Christ—Kirk [pg 018] and Kingdome, the Kings honour in maintaining the established lawes and judicatories of the Kirk; and prohibits the use and practise of the same; and ordaines Presbyteries to proceed with the censures of the Kirk, against all such as shall transgresse.

After the serious discussing of the several Processes, in many Sessions, from Sess. 14. (which are in the Clerks hands, and needeth not here to be insert) the following sentences were solemnly pronounced after Sermon by the Moderatour, in the Assembly of Glasgow, Sess. 20 December 13, 1638.

Sentence of deposition and excommunication against Mr. John Spottiswood, pretended Archbishop of St. Andrews; Mr. Patrik Lindsay, pretended Archbishop of Glasgow: Mr. David Lindsay, pretended Bishop of Edinburgh: Mr. Thomas Sidserfe, pretended Bishop of Galloway: Mr. John Maxwell, pretended Bishop of Rosse: Mr. Walter Whyt-foord, pretended Bishop of Brechen.

The general Assembly, having heard the libels and complaints, given in against the foresaids pretended Bishops to the Presbyterie of Edinburgh, and sundry other Presbyteries within their pretended Dyocies, and by the saids Presbyteries referred to the Assembly, to be tryed: The saids pretended Bishops being lawfully cited, often-times called, and their Procutour Doctour Robert Hammiltoun, and not compearing, but declining and protesting against this Assembly, as is evident by their declinatour, and protestation given in by the said Doctour Robert Hammiltoun minister at Glasfoord, which by the acts of Assembly is censurable with summar excommunication: Entered in consideration of the said declinatour, and finding the same not to be relevant, but on the contrare to be a displayed banner against [pg 019] the setled order and government of this Kirk, to be fraughted with insolent and disdainful speeches, lies and calumnies against the lawful members of this Assembly, proceeded to the cognition of the saids complaints, and libels against them; and finding them guiltie of the breach of the cautions, agreed upon in the Assembly holden at Montrose, Anno 1600. for restricting of the minister voter in Parliament, from incroaching upon the liberties and jurisdiction of this Kirk, which was set down with certification of deposition, infamie, and excommunication, specially for receiving of 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, and for sundrie other haynous offences, and enormities, at length expressed, and clearly proven in their processe, and for their refusal to underly the tryal of the reigning slander of sundrie other grosse transgressions and crymes laid to their charge: Therefore the Assembly moved with zeal to the glorie of God, and purging of his Kirk, hath ordained the saids pretended Bishops to be deposed, and by these presents doth depose them, not only of the office of Commissionaire to vote in Parliament, Councel, or Convention in name of the Kirk, but also of all functions whether of pretended Episcopal or ministerial calling, declareth them infamous. And likewise ordaineth the saids pretended Bishops to be excommunicate, and declared to be of these whom Christ commandeth to be holden by all and every one of the faithful as ethnicks, and publicanes; and the sentence of excommunication to be pronounced by Mr. Alexander Henderson, Moderatour in face of the Assembly in the high Kirk of Glasgow; and the execution of the sentence to bee intimat in all the Kirks of Scotland by the Pastours of every particular congregation, as they will be answerable to their Presbyteries and Synods, or the next general Assembly, in case of the negligence of Presbyteries and Synods.

Sentence of deposition and excommunication, against Mr. Adam Ballantyne, pretended Bishop of Aberdeen, and Mr. James Wedderburn pretended Bishop of Dumblane.

The generall Assembly, having heard the lybels and complaints given in against the foresaids pretended Bishops, of Aberdeen and Dumblane, to the Presbytery of Edinburgh, and sundry Presbyteries within their pretended Dioceses, and by the saids Presbyteries referred to this Assembly to be tryed: The saids pretended Bishops being lawfully cited, often-times called, and not compearing, proceeded to the cognition of the complaints and lybels against them, and finding them guilte 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 of 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, and for sundry other haynous offences and enormities, and length expressed, and clearly proven in their Processe, and for their refusall to underly the tryall of the reigning slander of sundry other grosse transgressions and offences laid to their charge: Therefore the assembly moved with zeal to the glorie of God, and purging of the Kirk, hath ordained the saids pretended Bishops to be deposed, and by these presents doth depose them, not only of the office of Commissionary to vote in Parliament, Councell, or Convention, in name of the Kirk, but also of all functions, whether of pretended Episcopall or ministeriall calling, declareth them infamous: and likewise ordains the saids pretended Bishops to be excommunicate, and declared to be of these whom Christ commanded to be holden by all [pg 021] and every one of the faithfull as Ethnicks and Publicans; and the sentence of excommunication to be pronounced by Mr. Alexander Henderson Moderatour, in face of the Assembly after Sermon, in the high Kirk of Glasgow: and that the execution of the 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.

Sentence of deposition against Master John Guthry, pretended Bishop of Murray: Mr. John Grahame, pretended Bishop of Orknay, Mr. James Fairlie, pretended Bishop of Lismoir: Mr. Neil Cambell, pretended Bishop of Isles.

The generall Assembly having heard the lybels and complaints given in against the foresaids pretended Bishops, to the Presbyterie of Edinburgh, and sundrie Presbyteries within their Dyocies, and by the saids Presbyteries referred to this Assembly to bee tryed: the saids pretended Bishops being lawfully cited, often-times called, and not compearing, proceeded to the cognition of the complaints and lybels against them; and finding them guiltie of the breach of the cautions agreed upon in the Assembly at Montrose, Anno 1600. for restricting of the minister, voter in Parliament, from incroaching upon the liberties and Jurisdictions of this Kirk, which was set down with certification of deposition, infamie and excommunication; and especially for receiving consecration to the office or 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; and for their refusall to underly the tryall of the reigning slander of sundrie other grosse transgressions and offences, [pg 022] laid to their charge: Therefore the Assembly, moved with zeal to the glorie of God, and purging of this Kirk, ordaines the saids pretended Bishops, to bee deposed, and by these presents doth depose them, not only of the office of commissionarie, to vote in Parliament, Councel, or convention in name of the Kirk: but also of all functions, whether of pretended Episcopall, or ministeriall calling: And likewise in case they acknowledge not this Assembly, reverence not the constitutions thereof, and obey not the sentence, and make not their repentance, conforme to the order prescribed by this Assembly, ordaines them to be excommunicated, and declared to bee of these whom Christ commandeth to be holden by all and every one of the faithfull as Ethnicks and Publicanes: and the sentence of excommunication to be pronounced upon their refusall, in the Kirks appointed, by any of those who are particularly named, to have the charge of trying their repentance or impenitencie, and that the execution of this sentence bee 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 negligence of the Presbyteries and Synods.

Sentence of deposition against Maister Alexander Lindsay pretended Bishop of Dunkell.

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 [pg 023] 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 [pg 025] 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.