yeare of their age for the second at the twelfth for the third at the fourteenth excluding and abhorring private baptisme private communion kneeling in the act of receiving the Supper holy dayes or feasts of Christmas Passion Resurrection Ascension and sending down of the Holy Ghost were brought in at the reformation of religion and enioyed ever since in manner and forme as followes After due tryall and advisement taken of the heads in generall and particular aboue written the whole Church was of one heart and iudgement concerning the same and every man was permitted to heare reasoning and such as would were permitted to reason every man professed himselfe to be perswaded in his own minde The particulars to be embraced and followed and the corruptions to be avoyded were by Ecclesiasticall authority in free full and lawfull generall Assemblies publicke confessions and solemne protestations aduisedly established The estates of Parliament agreeing in iudgement with the Kirk concerning the said matters by their acts ratified and approved the Kirk constitutions and appoynted civill penalties against the transgressors of the same with prouision of order whereby they might be called convicted and punished The sayd unity of iudgement authorized by the constitutions of the Kirk and lawes of the Countrey and the whole particulars established by these bands having been tried by practise and otherwayes haue proved expedient profitable and necessary by the space of fiftie nine yeares and now iustly haue acquired the force of good and commendable custome For our furder confirmation of the sayd religion doctrine and discipline in generall and in the particulars before named all and every one of all estates of this Realme haue solemnly sworn that they shall continue in the obedience of the doctrine and discipline of this Church and shall defend the same according to their vocation and power Notwithstanding of these fiue obligations viz. unity of judgment and opinion Ecclesiastical authoritie reiterated confirmed by many famous Assemblies Many civill lawes Nine and fifty yeares practise and custome universally commended and the sayd solemne oath divers times repeated the pretended assembly holden last at Perth received certain formes formerly excluded and abhorred Queritur if one or moe Preachers or Professours in the sayd Kirk standing to the Kirkes former iudgement and able to defend the same by good reason at least seeing no warrant in the contrary may dispense with the sayd oath or follow the plurality of preachers professors dispensing with the same in the assembly And what power may compell the alteration of iudgement or loose the sayd oath in any case aforesayd Leaving the full answer to the wise and well reformed Christian walking before God and looking for a crown upon the glorious day of our Lord. For present reformation we shall consider the sayd oath first in the persons takers of the same 2. The matter whereto they sweare 3. The forme and manner whereby they are bound 4. The force and effect of that forme for making sure mens particular deeds The persons takers of the oath are all baptised Christians of perfect age able to examine themselues and so to eate of the Lords Supper honoured with callings and all professours of Christian fellowship of Christ the searcher of hearts and of life and iudgement eternall free of madnesse and of all restraint of superiour power in this case understanding periury and the paines thereof at their owne liberty and free of all coaction as at length may be seene in the confessions of faith registred in the Acts of Parliament printed in the booke of Discipline before the Psalmes in meeter the confession of faith subscribed by the Kings Maiesty and his houshold published by open proclamation and yet standing in print And in the covenant celebrated by the generall and provincial Assemblies and by the Presbyteries and particular congregations but more summarily in the heads underwritten acknowledged and confessed by themselues WE all and every one of us after long and due examination of our consciences in matters of true and false religion are now throughly resolved in the truth by the word and Spirit of God Wee beleeve with our hearts confesse with our mouthes subscribe with our hands and constantlie affirme before God and the world that the faith and religion received beleeved and defended by the Kirke of Scotland the Kings Majestie and three Estates of this realme particularly expressed in the confession of our faith established and publickly confirmed by sundry acts of parliament and now of long time hath been openly professed by the Kings Majestie and whole body of this Realme is only the true Christian faith and religion pleasing God and bringing salvation to man To this confession and forme of religion wee willingly agree in our consciences in all points as unto Gods undoubted trueth and verity Wee willing to take away all suspition of hypocrisy and double dealing with God and his Kirke protest and call the searcher of hearts for witnesse that our minds and hearts doe fully agree with this our confession oath and subscription Wee protest that we are not moved with any worldly respect but are persuaded only in our conscience through the knowledg and loue of Gods true religion printed in our hearts by the holy Spirit as wee shall answer to him in the day when the secrets of all hearts shal be disclosed c. Before and at the tyme of their solemne protestations it was well knowen to all the promisers Swearers Subscribers that 1. At Edinburgh the 18. day of Octob. 1581. And from the reformation to that year it was resolued and by common consent concluded that in tyme cōming no sacrament be ministred in priuate houses but solmnely according to the good order hitherto obserued 2. At Edinburgh in Ianu. 1560. it was declared by this Kirk that Christ sat with his disciples at a table whē he instituted the supper and that sitting at table was the most convenient gesture to this holy action 3. That the Popes fiue bastard sacraments whereof Confirmation is one with all rites ceremonies and false doctrines added to the ministration of the sacraments were abhored And that examination of children aftet the maner agreed vpon in the Kirk was sufficient to unite baptized infants with the Kirk in the participation of the Lords Supper 4. That at Edinburgh in Ianuar. 1560. the Kirk judged vtterlie to be abolished from this Realm keeping of holy dayes such as the feast of Christmas c. Imposed vpon the consciences of men without warrant of Gods word and many other things of the like nature condemned by preaching and corrected by publick censures of the Kirk Hence it is euident that no exception can be taken against the persons promising swearing and subscribing for despensing with the said oath The matter whereunto they bind themselues by oath is the religion doctrine and discipline receiued beleeued and defended by the Kirk of Scotland In respect of this matter the oath is partlie assertorie
Presbyteries were spoyled of their authority in many things at the sayd pretended assembly yet of the power of election of Commissioners they were not spoyled Neither is there any other order of election of Commissioners and constitution of the mēbers of the assembly set down by any act of our Kirke their was established Anno 1597. Nevertheles in this assembly they not onely presented themselues without commission but sate as Lords over-ruling it They had practised the ceremonies against the established lawes before they were proponed to the Assembly they ought therefore to haue been secluded and sharply censured but they usurped the place both of Iudge and party At S. Andrewes in Aprill 1582. it was thought expedient that Presbyteries should not be astricted to direct their Moderator in commission but whom they iudged fittest for the purpose That constant Moderators should be constant members of the generall assembly is a forged clause foysted in an act of a pretended assembly holden at Linlithquow the yeare of God 1606. The which assembly neither the Church then did nor the Bishops now will stand to Nevertheles in this assembly some Moderators of Presbyteries voted without election and onely by vertue of the forged clause of the act aforesayd If any Presbytery directed their Moderators in commission upon ignorance and errour having respect to the forged clause aforesayd Their ignorance and errrour is not lawfull consent It is in the meane time to be remembred that the present Moderators are not of the quality of these constant Moderators but of a new Edition set out at Glasgow viz. They are the Bishops Deputes placed by them in Presbyteries The Assessours to his Maiesties Commissioners the Noblemen Barons Bishops Burgesses and Moderators imposed upon Presbyteries with some Ministers voting without warrant being substracted from the number of affirmatiue voters the negatiues will not be found inferior in number to the affirmatiues authorized with commission And suppose inferiour in number yet not in weight for the negatiue voters adhered to the iudgement of the Church heard no reasons for the novelties proponed were not overcome with perswasions or terrours as was the affirmatiues The affirmatiue voters authorized with commission either had their commissions procured by their Bishops or else were mercenary Pensionars or Plat-servers for augmentation of stipends or gapers for promotion or of suspect credit for benefite received or hoped for or had subscrybed other private Articles in private more dangerous then the present Articles or had been threatned privatly by their owne diocesian Bishops with deposition or were not well informed in their judgment for lack of full and free reasoning or were circumvented with promises made to them by theit Bishops that they should not be urged with the practize if they would only consent to make an act to please the King or were terrified with the publick threatnings before mentioned Iudge therfore whether their votes should be pondered or numbered In omnil us causis pro facto accipitur id in quo quis alium terrefacit quo minus fiat In this Assembly the affirmatiue voters confessed that they assented not simpliciter to the Articles proponed as knowing truths but onely to avert the wrath of authority standing in their owne Iudgment against them and not for them in respect of the estate of this church Hence it may be clearely seene that their votes were only affirmatiue in respect of their feare but negatiue in respect of their iudgment and duetifull affection to this Church Other informalites may be observed but these are sufficient to proue the nullity of this pretended Assembly whereby the established estate of this Church is so farre prejudged or rather simple people for their facility indangered if they upon the pretended authority of this Assembly shall adventure to make defection from their former profession confirmed by so many and well advised Assemblies and blessed by the experience of Gods great loue in his best benefites or to violate their solemne oath and subscription The pretender may as safely professe that he wil alter his profession or violate his oath and subscription suppose there had been no Assembly at all But to detaine simple people in their bygaine revolt it will be cryed out and inculcat that some few persons and to make them odious they wil be called mall-contents troublers of the estate seditious persons and what not for the which contumelies and reproches account must be made one day that they may not nor should not iudge upon the nullity of the Assemblies It is trew by way of iurisdiction or superordination as they call it no private man should presume so to doe for that iudgment belongeth to another free and lawfull Assembly But by the iudgment of discretion every christian man ought to iudge how matters of religion are imposed upon him and by what authority If thou mayst not discerne as a iudge thou mayst discern as a Christian. If yee shall admit indifferently whatsoever is concluded under the glorious name of an Assembly then may wee be brought to admit not only the English ceremonies but also Lutheranisme and Papistry If Ministers giue way to their Parochinners to practize the obtruded Ceremonies at their pleasures If sworne professors intangle themselues againe with the superfluiities whereof the Lord hath made them free let the one and the other take heed how they defend themselues from the iust challenge of back slyding and the rest of the inconveniences that may ensue on their change If the Parliament by acts authorize matters affected with such informalities and nullities matters of themselues so contrarious to our profession their ratification of a vitious thing can not be a rule to a Christian manes conscience But it is to be hoped that the Lord shall so dispose the hearts of stats-men to the loue of the truth quietnes of the Church and Country and peace of mens consciences that no unreasonable burthen shall be knit upon the members of Christs bodie by any deed of theirs under the name of a benifit to the Church Invito beneficium non datur Consider three things first the nullity of this Assembly 2. Thy own oath and subscrption how it admits or abhors this change suppose the Assemblie had been lawfull 3. If the particulars offered can be made lawfull or expedient by any Assemblie whatsoeuer THE ARTICLES PRESENTED TO the Assembly Aug. 27. with some quotations added for confirmation FOR somuch as wee haue been debarred of accesse and from heareing the proceedings of the conference their reasonings consultations and advisements anent the Articles proponed to this generall Assemblie whereof all and euery one of them so neerlie toucheth vs in our christian resolution and offices of our Ministerie In most humble manner wee present to your considerations the particulars here after specified in the feare of God intreating your favourable answer to the same 1 The articles proponed if they be concluded they doe innouate and bring under the slander of change
and partly promissorie They affirme as followes 1. That it is Gods vndoubted truth and veritie grounded onelie vpon his written word 2. That it pleaseth God and bringeth salvation to man 3. That they are now throughly resolued in this truth 4. That they detest all vain allegories rites signes and traditions brought into the Kirk without or against the word of God and Doctrine of this true reformed Kirk Such assertions can not be loosed an assertorie oath can not be dispensed with for it is already past Assertorij juramenti materia in necessitatem transijt They haue all alreadie sworne that they are persuaded in their consciences in the points aforesaid This persuasion is not to be performed but is already past and sworne We can not therefore go in the contrary except we will be perjured The promissory part is to continew in the obedience of the doctrine and Discipline of this Kirk or to defend the same The indurance of the said continuance and defence is all the dayes of our liues The execration whereby they inforce the truth and promise of their oath is under the paines contained in the law and danger both of body and soule in the day of Gods fearfull judgement This continuance and defence in respect of the worthines of the matter affirmed and of the nature of an oath and promise and in respect of the indurance and execration adioyned leaveth no place to alledge the events of posterior accidents incident to the matter sworne to to loose or dispense with the said oath or promise as it may be clearly seene in the nature of an oath The formes whereby the foresaid persones are bound to continue and defend the said religion are 1. Publick profession before God and the world 2. Printed and published confessions 3. Subscription 4. Obedience to the lawes of the Country 5. Christian subjection to the order of the Kirk 6. The solemne covenant lastly The oath All these formes amongst all people but specially amongst Christians are reputed for strong bands If wee consider the zeale of our Christians to God and his trueth the oath may be called juramentum affectionis the oath of affection If their willingnes to cleaue to their bretheren in sincerity of profession it is voluntarium et quasi conventionale it is voluntary and as it were by paction If their loyalty to his maiesty and reverent obedience to the Kirk it is judiciale an oath before a Iudge If suspition or any other sort of undutifulnes it is Purgativum an oath of purgation If the fulnes of the forme it is not simple but componed haueing a most fearfull execration expressed If yee consider the matter sworne to viz. The religion Doctrine and discipline as it is affirmed for undoubted trueth it is assertorium an assertory oath If the continuance in defence of the doctrine and discipline it is promissory Whereby the particular acts of their future continuance and defence are bound to be established in religion doctrine and discipline In respect of the which establishment and future continuance and defence it is a thing bygone and past in rem judicatam worthy of the said continuance and defence but nowayes subject to the changes accessory to the persons by oath addebted to these duties The matter affirmed in this oath concerneth God our brethren and the rest of our own soules in the course of profession The duty that wee performe to God is to take him to be Iudge and witnesse of our sincerity and constancy of our profession The duty that wee doe to our neighbours is to put them in assurance of our brotherly disposition and carriage in the communion of Sanicts The honour and the ease that we bring to our selues is that we lay aâ— it were God in pawne for us who hath the cleare konwledge of most secrete things and is the undoubted patrone of verity full of all justice and power to punish perjurie The force and effect of this forme being considered in the persons swearers upon whom God principally hath laid the law of swearing should be a strong cord to restrain us from the variable inconstancy and customable changes that falleth in the world for the reasons following 1. An oath is the golden cord whereby we are bound to sacred verity and the sacrificing knife whereby we cut away superfluous controversies 2. The effect of an oath is a most solemne and sure obligation and therefore by the consent of all the Doctors the oathes of compulsion and hurtfull in matters prestable and not impious are to be keept 3. A lawfull oath by God alone may be loosed who is the chief CVI for whose sake it is taken 4. It is a note of the Antichrist to dispense with oathes It was well said that dispensations nihil aliud sunt quam legum vulnera What is more religious in religion then an oath What shal be the force of bands or contracts with what coards shall societies be knit if men shal be freed from their lawfull oaths or rather forced to violate them To elude the oath the temporizer objecteth that all oathes of inferiors are made salvo jure superiorum seeing therefore the King the Kirk our superiours haue made those innovations wee are freed of our oath so far as innovation is made Answer that an oath made by the inferior with knowledge and consent of the Superiour can not afterward be loosed by the Superiour The Canonist giveth this example a scholer is sworne to his Creditor not to departe from the schoole beyond the boundes and limits agreed on betwixt him and the creditor before he make payment at the appointed day his father commands him to returne home If he contracted the debt for his study he had the tacite consent of his father For setting him to schole he did assent to all necessaries serving for his studies The father here is by his owne tacite consent spoiled of his authoritie in recalling his sonne But farre more when he geueth his expresse consent In the present case wee had the consent both of the King our father and the Church our mother yea they went before us in example subscribed and sworne the Confession aforesaid themselues The Bishop of Elie in Tortura Torti answering to Matheus Tortus adviseing his Majestie to graunt libertie of conscience hath these words Pag. 81.82 Integrum jam hoc illi non est nam quod cum ea qua decet reuerentia dictum volo non semel perjurus sit sed bis si te audiat Qua enim siqua est fidei bis datae conscientia vel conscientia vel fide ferret in regnis suis ritus vestros vel usum eorum publicum qui suscepta primum Scotiae suscepta dein Angliae corona regia utrobique solenni ritu jusâ—â—râ—ndum Deo praestitit de conservanda in statu suo illa colendi Dei formula nec alia quam quae in regnis suis tum publice recepta utriusque gentis legibus stabilita