AN ACT MADE BY THE ESTATES OF PARLIAMENT. convened by His majesties special Authority, and holden at edinburgh in Scotland, Anno 1641. Declaring all episcopal government, the Civill places and Power of herdmen; the late Service book, book of Cannons and Ordination; the High-Commission: together with the Articles of Perth, for the observation of festival dayes, kneeling at the Comm●nion, &c. to boe-uttetly unlawful, and still rejected, in that kirk and kingdom. Whereunto is added an Act appointing Parliaments to be held every three yeares. EDENBURG, Printed by I. B. and now Printed at London for J. W. I. 1641. ACT I. Act anent the ratification of the Acts of the Assembly. THe Estates of Parliament ●presently convened by his Majesties special authority, Ratisies, approves and perpetually confirms the Act of the general assembly holden at Edinburgh in the month of August last bypassed, made upon the sevententh day of the said month, and in the eight Session of the said assembly, entitled, Anent the six causes of our by-gone evils; Whereof the tenor fellowes: The Kings majesty having graciously declared, That it is His royal will and pleasure, that all questions about Religion, and matters ecclesiastical, be determined by Assemblies of the kirk, have also by public Proclamation indicted this Free national Assembly, for settling the present distractions of rhis Kirk, and for establishing of a perfect peace, against such divisions and disorders as have been sore displeasing to His Majesty, and grievous to all his good Subjects. And now His Majesties Commissioner, John earl of Traquhair, instructed and authorised with a full Commission, being present and sitting in this Assembly, now fully convened, and orderly constitute in all the members thereof, according to the Order of this Kirk: having at large declared his Majesties zeal to the reformed Religion, and His royal care and tender affection to this Kirk, where His Majesty had both his birth and baptism, His great displeasure at the manifold distractions and divisions of this Kirk and kingdom, and His desires to have all our wounds perfectly cured with a faire and fatherly hand; And although in the way approven by this Kirk, tryāll hath been taken in former Assemblies before, from the Kirk Regesters, to our full satisfaction, yet the Commissioners Grace making particular inquiry from the members of the Assembly, solemnly convened, concerning the real and true causes of so many and great evils, at this time past, had so sore troubeled the peace of this Kirk and kingdom, It was represented to His Majesties Commissioner by this Assembly, That beside many other, the main and most material causes were, First the pressing of this Kirk by the prelates, with a Servis-book or book of Common-prayer, without warrant or direction from the kirk, and containing beside the popist frame thereof, divers popish errors cerremonies, and the seeds of manifold and gross superstitions and idolatry; with a book of Canons, without warrant or direction from the general assembly, establishing a tyrannicall power over the kirk, in the persons of the Bishops, and overthrowing the whole Discipline and government of the kirk by Assemblies, with a book of Consecration and Ordination, without warrant of authority Civil or Ecclesiastical, appointing offices in Gods house, which are not warranted by the word of God, and repugnant to the Discipline & Acts of our Kirk; and with the High Commission, erected without the consent of this Kirk, subverting the jurisdiction and ordinary Judicatories of this Kirk, and giving to persons merely ecclesiastical, the power of both swords, and to persons merely Civill, the power of the keys and Kirk censures. A second cause was the Articles of Perth. viz, the observation of festival dayes, kneeling at the Communion, Confirmation, Administration of the Sacraments in private places, which were brought in by a null Assembly, and are contrary to the Confession of Faith, as it was meant and subscribed, Anno 1580. and divers times since, and to the order and constitution of this Kirk. Thirdly, the change of the Government of the Kirk, from the Assemblies of the Kirk, to the persons of some Kirkmen usurping priority and power over their brethren, by the way, and under the name of episcopal Government, against the Confession of Faith 1580. against the order set down in the Book of policy, and against the intention and constitution of this Kirk from the beginning. Fourthly, the civill places and power of Kirkmen, their sitting in Session, council, and Exchequer, their riding sitting, and voicing in Parliament, and their sitting on the Bench as Justices of peace, which, according to the Constitutions of this Kirk, are incompatible with their spiritual function, lift them up above their brethren in worldly pomp, and do tend to the hindrance of the ministry. Fiftly, the keeping and authorizing corrupt Assemblies at Linlithgow 1606, 1608, at Glasgow 1610, at Aberdeen 1616. at S. Andrewes 1617, at Perth 1618, which are null and unlawful, as being called and constitue quiter contrary to the order & constitutions of this Kirk, received and practised ever since the Reformation of Religion, and withall labouring to introduce Novations into this Kirk, against the Order and Religion established. A sixth cause is, the want of lawful and free general Assemblies, rightly constitute of Pastours, doctors, and Elders, yearly or oftener pro re nata, according to the Liberty of this Kirk, expressed in the Book of policy, and acknowledged in the Act of Parliament 1592, after which, the whole Assembly, in one heart and voice, did declare, that these and such other, proceeding from the neglect and breach of the national Covenant of this Kirk and kingdom, made Ann. 1580. have been indeed the true and main causes of all our evils and distractions, and therefore ordain, according to the Constitutions of the general Assemblies of this Kirk, and upon the grounds respective above specified, that the foresaid Service-Booke, Books of Canons and Ordination, and the High Commission, be still rejected, that the Articles of Perth be no more practised; that episcopal government, the civill places and power of Kirkmen, be holden still as unlawful in this Kirk; that the above-named pretended Assemblies at Linlithgow 1606, 1608, at Glasgow 1610 at Aberdeen 1616, at S. Andrewes 1617, at Perth 1618, be hereafter accounted as null, and of none effect; and that for preservation of Religion, and preventing all such evils in time coming, general Assemblies rightly constitute, as the proper & competent Judge of all matters ecclesiastical, hereafter be keeped yearly, and oftener pro re nata, as occasion and necessity shall require( The necessity of these occasional Assemblies being first remonstrate to his Majesty by humble supplication) As also that Kirk Sessions, Presbyteries, and synodal Assemblies be constitute and observed according to the order of this Kirk; which act, with all and sundry the particular heads, clauses, and articles therein contained, the Estates now convened by his Majesties indiction, warrant and authority foresaid, ratifies, approves and confirms in all points, in manner as the same proports; and gives thereunto the strength of a Law, and Act of Parliament, and ordains execution to pass thereupon as effeirs; and rescindes, Casses, and annuls all acts and decreets of Parliament and counsel formerly made, contrair and in prejudice of the said act, or any part thereof. ACT II. Statuarie appointing Parliaments to be holden once every three year. THe Estates of Parliament presently convened by his Majesties special Authority; Considering that by reason of his Majesties ordinary residence forth of this his ancient & native kingdom, the grievances and complaints of his good Subjects, cannot have so free and easy access to his Majesties cares, as the same may be conveniently represented to his Majesties Commissioners, and the Estates of Parliament from time to time, and how accessary it is that frequent Parliaments be keeped within this kingdom, for preservation of the purity of the true Religion now by Gods providence established within the same, and for the equal and impartial administration of Justice to all his Majesties Subjects, and maintaining of peace and concord amongst them, by applying of the true and lawful remedies to their grievances and complaints, and timous suppressing of all abuses and corruptions, which otherways from small beginnings will grow to great disorders,( which frequent Parliaments was continually observed in this kingdom before his Majesties Father, of happy memory, went into England;) have statute and ordained that every three year once at least a full and free Parliament shall be holden( and oftener as his Majesty shall be pleased to call them) within the bounds of this kingdom in the most commodious place and convenient time to bee thought upon, appointed and affixed by his Majesty or his Commissioner for the time, and Estates of Parliaments, before the ending and closing of every Parliament, and to be the last Act thereof. And the whole Estates wisheth that as it was their happiness to have his Majesties presence at all Parliaments, while the King had his residence in this kingdom, so that his Majesty would be pleased to be present at each Parliament, and they humbly supplycat his Majesty for that effect. FINIS.