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.
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 have been nor can be lawfully repealled, but must stand in force) to be unlawful, and no way obligatorie. And in like manner declareth, that the power of Presbyteries, and of provincial and general Assemblies, hath been unjustly surpressed, but never lawfully abrogate. And therefore that it hath been most lawful unto them, not withstanding 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 [pg 016] parts of ecclesiastical jurisdiction according to their own limits appointed them by the Kirk.