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 affirmativè, under no lesse pain nor the wrath of authoritie, imprisonment, banishment, 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.
IX. In all lawfull Assemblies, the grounds of proceeding were, and used to be, the word of God, the confession of Faith, and acts of former generall 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 oathes of intrants.
THE six Assemblies immediately preceding, for most just and weightie reasons above-specified, being found to be unlawfull, and null from the beginning: The Assembly declareth the oathes and subscriptions exacted by the Prelates of 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 have been nor can be lawfully repealled, but must stand in force) to be unlawfull and no way obligatorie. And in like manner declareth, that the power of Presbyteries, and of provinciall and generall Assemblies, hath been unjustly suppressed, but never lawfully abrogate. And therefore that it hath been most lawfull unto them, notwithstanding any point unjustly objected by the Prelats to the contrare, to admit, suspend, or deprive ministers, respectivè within their bounds, upon relevant complaints sufficiently proven, to choose their own Moderatours, and to execute all the parts of ecclesiasticall jurisdiction according to their own limits appointed them by the Kirk.
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 practise thereof: and ordaines Presbyteries to proceed with the censure of the Kirk against all such as shall transgresse.