About Canada Health Care 2nd Edition Pat Armstrong & Hugh Armstrong PDF Download
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About Canada Health Care 2nd Edition Pat Armstrong
& Hugh Armstrong Digital Instant Download
Author(s): Pat Armstrong & Hugh Armstrong
ISBN(s): 9781552668429, 1552668428
Edition: 2
File Details: PDF, 3.92 MB
Year: 2016
Language: english
Copyright © 2016 Pat Armstrong and Hugh Armstrong
All rights reserved. No part of this book may be reproduced or transmitted in any form by
any means without permission in writing from the publisher, except by a reviewer, who may
quote brief passages in a review.
Fernwood Publishing Company Limited gratefully acknowledges the financial support of the
Government of Canada through the Canada Book Fund, the Manitoba Department of
Culture, Heritage and Tourism under the Manitoba Publishers Marketing Assistance
Program and the Province of Manitoba, through the Book Publishing Tax Credit, for our
publishing program. We are pleased to work in partnership with the Province of Nova Scotia
to develop and promote our creative industries for the benefit of all Nova Scotians. We
acknowledge the support of the Canada Council for the Arts, which last year invested $153
million to bring the arts to Canadians throughout the country.
F irst, we thank all those who fought so hard and successfully for a
public health care system. Many of them now need our support.
They deserve both our gratitude and our respect. Second, we thank
those who continue to struggle not only to maintain but also to
improve our public system, and do so in the face of formidable odds.
Third, thanks to Wayne Antony and all the folks at Fernwood
Publishing for their excellent work on this book and for their work on
improving Canada for us all. And finally, we want to thank Wendy
Winters, who has come through for us once again with her technical
skills.
WHY CARE?
What is this public system that’s in the news so much? At its core,
medicare covers the costs of much of our health care when we need
it, and it does so without direct charge. We don’t personally pay the
hospital or the doctor that provides us with care. As a result, financial
barriers almost never prevent us from seeking care for ourselves or
our family members. Instead, the costs are met by governments —
we pay through our taxes. As a society we pool the risk of
encountering ill health, which means that the healthy and wealthy
foot most of the bill, rather than the unhealthy and poor. It also
means that some of the healthy and wealthy want to reduce or even
eliminate this pooling of health risks, and their voices are often
powerful.
Despite this power, and despite all the turmoil surrounding it,
medicare remains Canada’s best-loved social program. According to
a 2012 Leger Marketing survey, medicare is our most important
source of national and personal pride, with 94 percent approval.1 For
many people it is also a defining feature of our country. It represents
our commitment to shared responsibility and our recognition of
shared vulnerability. Losing it would mean much more than losing
access to care; it would mean losing a symbol that is the essence of
the Canada that emerged from World War II, a Canada committed to
democratic and solidaristic means of achieving our right to care. Still,
we are right to be afraid, although not necessarily for the reasons
given in the stories.
Canadians are being offered a variety of solutions to these troubles,
all of them advertised as saving public health care. But to assess
these solutions, we must dig more deeply into the past, present and
possible future makeup of the system. We need to find out what the
evidence tells us about what works for whom, along with who
benefits most from the solutions being offered. We need to examine
the claims that the system is now in crisis, rather than assuming that
this is the case. Given that we have a public health-care system, we
all have a stake in it: it belongs to us, and it is up to us to determine
its future. We can do this only if we know what we have — including
where the system has come from — as well as what we don’t have.
We need to look at what we need, what we could have and what we
could lose if we let it all somehow drift away.
We need, too, to look more closely at the manufacturing of dissent
on the health-care front and especially at the possible solutions
being put forward: private insurance and the right to buy care, along
with for-profit delivery and management. As we shall see, the
evidence does not support these forms of privatization as viable
solutions. Instead, we need strategies developed through the public
system to further improve the quality, access, efficiency and equity of
our health care. In other words, we need collective, democratic
strategies for care. We need these strategies not only to protect
health care but also to protect our understanding of Canada as a
place that puts shared solutions above the individual’s right to buy
and profit from care.
Like the United Nations, we see health care as a human right,
which means that necessary health-care services should not be a
source of profit. This is not just our opinion. As Roy Romanow, who
headed the Commission on the Future of Health Care, put it in 2002
after examining the evidence and consulting Canadians widely,
health care is about our values, and it is as sustainable as we
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Master Iames Richie his hand, and is followed forth, and continued
in the same book by Master Thomas Nicolson, who succeeded him in
the place, and was known by most men here present to be of such
approven worth and credit, that he would never have accomplished
a register which had not been famous and true: and whereof the
hand-write, had not then been known to him sufficiently.
VIII. That register produced by Master Thomas Sandilands, and
prosecuted by Master Thomas Nicolson, proves the first part of that
register to be true and famous; and that first part being, by ocular
inspection, of the same hand-writ with Master Iames Richies
registers, and subscribed in the margine with the same hand-writ,
proveth Richies two books to be good records, and Richies registers
doth approve Grays books by the act of Assembly before written;
specially considering the same hath come by progresse and
succession of Clerks, in the hands of Alexander Blair, now living, and
here present.
IX. The compts anent the thirds of benefices between the Regent
for the time and the Assembly, in the second volume, pag. 147, are
subscribed by the Lord Regents own hand, as appeareth; for it is a
royall-like subscription, and there is no hand-writ in all the book like
unto it, and beareth not sic subscribitur, which undoubtedly it would
do, if it were a coppie.
X. Master Iames Carmichell was commanded by the generall
Assembly 1595, Sess. 9, in the book produced by Master Thomas
Sandilands, to extract the generall acts forth of their books; and it is
evident that these books are the same which he perused for that
effect, because he hath marked therein the generall acts with a
crosse, and hath designed the act by some short expression upon
the margine, which is cognosced and known to be his hand writ, by
famous and worthy persons; which is also manifest by the said
Master Iames his band and subscription, written with his own hand
in the last leafe of the said books; as also acknowledged in the said
book produced by Master Thomas Sandilands, wherein the said
Master Iames Carmichell granteth the receipt of these, with some
other books of the Assemblies.
XI. The registers produced, are the registers of the Assembly,
because in Anno 1586, the Assembly complaineth that their registers
are mutilate: which hath relation to Richies third book, which is
lacerat and mutilate in divers places, without any interveening of
blank paper, or any mention of hic deest.
XII. If these were not principall registers, the enemies of the
puritie of Gods worship, would never have laboured to destroy the
same: which notwithstanding they have done; as appeareth by the
affixing and battering of a piece of paper upon the margine, anent a
condition of the commission not to exceed the established discipline
of this Kirk, subscribed by the Clerk, book 3. pag. 147. And the
blotting out the certification of the excommunication against Bishop
Adamson, book 4. pag. 30. who in his Recantation generally
acknowledgeth the same: but which, without that recantation,
cannot be presupponed to have been done, but by corrupt men, of
intension to corrupt the books, which were not necessary, if they
were not principall registers.
XIII. In the Assembly 1586, The Church complained upon the
Chancelour his retention of their registers, & desired they might be
delivered to their Clerk, which accordingly was done; as a
memorandum before the beginning of the first book, bearing the
redeliverie of these foure books to Master Iames Richie, Clerk,
proporteth; which clearly evinceth that these foure books are the
registers of the Assembly.
XIV. The said fifth book and greatest Volume, is also marked on
the margine, with the hand writ of the said Master James Carmichell
(which is cognosced) who was appointed to peruse the books of the
Assembly as said is, and would not have margined the same by
vertue of that command, nor extracted the generall acts out of it, if
it were not an approbation thereof, as an authentick and famous
book.
XV. The said fifth volume doth agree with the other foure books, in
all which is extant in them, and marketh the blanks, which are
lacerate and riven out of the same; and compleateth all what is
lacking in them.
XVI. In the book of Discipline pertaining to Master Iames
Carmichel, subscribed by himself, and Master Iames Richie, there are
sundry acts and passages quotted out of the said fifth great Volume,
saying, It is written in such a page of the book of Assembly, which
agreeth in subject and quottations with the said fifth book, and
cannot agree with any other; so that Master Iames Carmichel reviser
of the Assembly books, by their command, would not alledge that
book, nor denominate the same a book of the Assembly, if it were
not an authentic famous book.
XVII. Though the corrupt nature of man hath been tempted to
falsifie particular evidents, yet it hath never been heard that any
whole register hath ever been counterfeited; neither can it bee
presupponed that any will attempt that high wickednesse, seeing the
inducements answerable to that crime, can hardly be presupposed.
XVIII. It is certain, and notour to all these who are intrusted with
the keeping of the publick records of the Kingdome, that the same
are never subscribed by the Clerk, but only written and filled up by
servants, and most frequently by unknown hands, yet they and the
extracts thereof make publick faith, and the same are
uncontrovertedly authentick registers: and when the most publick
registers of the Kingdome shall be seen, and compared with these
registers of the Assembly, it shall be found that these other registers
of the most soveraigne judicatories ever unsubscribed are more
incorrect, oftner margined, scored, and interlined, made up by
greater diversitie of unknown hand-writs, than these books of the
Assembly, which by speciall providence are preserved so intire, that
in the judgment of any man acquainted with registers, they will
manifestly appear at the very sight to be true, famous, and
authentick.
XIX. The fame and credit of ancient registers in this Kingdome, is
so much reverenced, that if any extract be different or disconforme
from the register, that extract albeit subscribed by the person who
for the time had been of greatest eminence in the trust of registers,
will be rectified, conforme to the register, and have no force, so far
as it debordeth there-from; although the registers be written with an
obscure, unknown hand, and unsubscribed.
Act Sess. 12. December fourth.
A
NENT the report of the Committie, for trying the six last
pretended Assemblies: They produced in writ sundrie reasons,
clearing the unlawfulnesse and nullitie of these Assemblies: which
were confirmed by the registers of the Assembly, the books of
Presbyteries, the Kings Majesties own letters, and by the testimonie
of divers old reverend Ministers, standing up in the Assembly, and
verifying the truth thereof. The Assembly with the universall consent
of all, after the serious examination of the reasons against every one
of these six pretended Assemblies apart, being often urged by the
Moderatour, to informe themselves throughly, that without doubting,
and with a full perswasion of minde, they might give their voices,
declared all these six assemblies, of Linlithgow 1606. and 1608,
Glasgow 1610. Aberdeen 1616. St Andrews 1617. Perth 1618, And
every one of them to have been from the beginning unfree,
unlawfull, and null Assemblies, and never to have had, nor hereafter
to have, any Ecclesiasticall authoritie, and their conclusions to have
been, and to bee of no force, vigour, nor efficacie: Prohibited all
defence and observance of them, and ordained the reasons of their
nullitie to be insert in the books of the Assembly: Whereof the
tennour followeth:
Reasons annulling the pretended Assembly, holden at
Linlithgow, 1606.
I. The Assembly was indicted but twentie dayes before the holding
of it: and all parties requisit received not advertisement, as
appeareth by their absence. The untimous indicting of it, is cleared
by Presbyterie books.
II. There was no election of the Moderatour, as was accustomed
to be in lawfull Assemblies; the register cleareth this.
III. No formall election of their new Clerk.
IIII. There were five whole Dyocies absent, viz. Orknay, Cathnes,
Rosse, Argyll, and Isles; and many Presbyteries had no
Commissioners there, as the register of that pretended Assembly
beareth.
V. There were nineteen noblemen and Barrons, eleven Bishops,
that had no Commission from the Kirk. Whereas the act for
constitution of Assemblies, ordaineth every Burgh to have but one
Commissioner, except Edinburgh, which may have two, (Act at
Dundie 1597) yet in that pretended Assembly, Perth had three
Commissioners, Dundie had two, Glasgow had two, and St. Andrews
had two: Of the Burghes there were thirtie six absent: and for ruling
Elders, there were none at all with commission from their
Presbyteries. All these things are cleared by the records of that
pretended Assemblie.
VI. The Commissioners from some Presbyteries exceeded their
number, prescribed in the act at Dundie, 1597: for the Presbyterie of
Arbroth were foure Commissioners, and foure for the Presbyterie of
Aughter-ardour: Beside these that were heard to vot, 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 practise some of the articles to be
concluded there, before the pretended Assembly, in Edinburgh, St.
Andrews, and other cathedrall Churches, by keeping festivall dayes,
kneeling at ye Communion. Thus their voices were prejudged by
their practise of these articles 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 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.
T
HE 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.
T
HE 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.
II. The Assembly also, taking to their consideration the book of
Cannons, 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 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 trangresse.
IIII. 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 Christs Kirk 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 Presbteries
to proceed with the censures of the Kirk, against all such as shall
transgresse.
After the serious discussing of the severall 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.
T
HE generall Assembly, having heard the lybels 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 the setled order and
government of this Kirk, to be fraughted with insolent and disdainfull
speeches, lies and calumnies against the lawfull members of this
Assembly, proceeded to the cognition of the saids complaints, and
lybels 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 refusall
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, 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 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 faithfull 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 particullar 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.
T
HE 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 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 their refusall to underly the tryall of the reigning slander of
sundrie other grosse trangressions and offences, 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
these who are particularly named, to have the charge of trying their
repentance or impenitencie, and that the execution of the 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.
T
HE generall Assembly having heard the complaint and lybel given
in against Mr. Alexander Lindesay pretended Bishop of Dunkell, to
the Presbytery of Edinburgh, and sundrie 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 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, 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 ministerie 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.
T
HE generall Assembly having heard the lybell and complaint given
in against Mr. Iohn Abernethie pretended Bishop of Cathnes to
the Presbytery of Edinburgh, and sundrie 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 his 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 ordained the said Mr Iohn 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 flock: and likewise,
incase 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 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 up on 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.
Act of the Assembly at Glasgow, Sess. 16. December
8. 1638.
Declaring Episcopacie to have been abjured by the Confession of
Faith, 1580; And to be removed out of this Kirk.
T
HE Assembly taking to their most grave and serious
consideration, first the unspeakable goodnesse, and great mercy
of God, manifested to this Nation, in that so necessarie, so difficult,
and so excellent and divine work of reformation, which was at last
brought to such perfection, that this Kirk was reformed, not only in
doctrine and worship, but also after many conferences and publick
reasonings in divers nationall Assemblies, joyned with solemne
humiliations and prayers to God, the discipline and government of
the Kirk, as the hedge and guard of the doctrine and worship, was
prescribed according to the rule of God’s word, in the book of Policie
and Discipline, agreed upon in the Assembly 1578. and insert in the
register 1581. established by the Acts of Assemblies, by the
confession of Faith, sworn and subscribed, at the direction of the
Assembly, and by continuall practise of this Kirk: Secondly, that by
mens seeking their own things, and not the things of Jesus Christ;
divers novations have been introduced to the great disturbance of
this Kirk so firmly once compacted, and to the endangering of
Religion, and many grosse evils obtruded, to the utter undoing of
the work of reformation and change of the whole forme of worship
and face of this Kirk: Thirdly that all his Majesties Subjects both
Ecclesiasticall and civil, being without consent of the Kirk,
commanded to receive with reverence a new book of common
prayer, as the only forme to be used in God’s publick worship, and
the contraveeners to be condignely censured, and punished, and
after many supplications and complaints, knowing no other way for
the preservation of Religion; were moved by God, and drawne by
necessitie, to renew the nationall Covenant of this Kirk, and
Kingdome, which the Lord since hath blessed from heaven, and to
subscribe the Confession of Faith, with an application thereof
abjuring the great evils wherewith they were now pressed, and
suspending the practise of all novations formerly introduced, till they
should bee tryed in a free generall Assembly; Lastly, that some of his
Majesties Subjects of sundrie ranks, have by his Majesties
commandement subscribed and renewed the confession of Faith,
without the former application, and that both the one and the other
subscribers have subscribed the said Confession of Faith in this year,
as it was professed and according to the meaning that it had in this
Kingdome, when it was first subscribed 1581. and afterward: The
Assembly therefore, both by the subscription of his Majesties high
Commissioner, and of the Lords of secret Councel, Septem. 22.
1638, And by the acts of Councel, of the date foresaid, bearing that
they subscribed the said Confession, and ordaining all his Majesties
Liedges to subscribe the same, according to the foresaid date and
tennour, and as it was then professed within this Kingdome, as
likewise by the Protestation of some of the Senatours of the
Colledge of justice, when they were required to subscribe, and by
the many doubtings of his Majesties good Subjects, especially
because the subscribers of the Confession in February 1638. are
bound to suspend the approbation of the corruptions of the
government of the Kirk, till they be tryed in a free generall
Assembly; finding it proper for them, and most necessary and
incumbent to them, to give out the true meaning thereof as it was at
first professed, That all his Majesties Subjects in a matter, so
important as is the publick Confession of Faith, so solemnly sworn
and subscribed, may be of one minde, and one heart, and have full
satisfaction to all their doubts, and that the posteritie afterward may
be fully perswaded of the true meaning thereof, after earnest calling
upon the name of God, so religiously attested in the said Confession;
have entered into a diligent search of the registers of the Kirk, and
books of the generall Assembly, which the greatest part of the
Assembly had not seen before, and which by the speciall providence
of God were preserved, brought to their hands, and publickly
acknowledged to bee authentick, and have found that in the latter
confession of the Kirk of Scotland: “We professe, that we deteste all
traditions brought into the Kirk without, or against the word of God,
and doctrine of this reformed Kirk: Next, we abhorre and deteste all
contrarie religion and doctrine, but chiefly, All kinde of papistry in
generall, & particular heads, as they were then damned & confuted
by the word of God, and Kirk of Scotland, when the said Confession
was sworn and subscribed, An. 1580. and 1581. 1590. and 1591.
Thirdly, that we deteste the Romane Antichrist, his worldly
monarchie, and wicked hierarchie: Fourthly, that we joyn our selves
to this reformed Kirk in doctrine, Faith, Religion, & discipline,
promising and swearing by the great name of GOD, that we shall
continue in the Doctrine and Discipline of this Kirk, and defend the
same according to our vocation and power all the dayes of our life.”
But so it is that Episcopall government is abhorred and detested,
and the government by Ministers and Elders, in Assemblies generall
and provinciall, and Presbyteries was sworn to, and subscribed in
subscribing that Confession, and ought to be holden by us, if we
adhere to the meaning of the Kirk, when that Confession was
framed, sworn to, and subscribed; unto which we are obliged by the
nationall oath and subscription of this Kirk, as is evident by the acts
of generall Assemblies, agreed upon both before, at, and after the
swearing and subscribing of the said Confession, in the years above-
mentioned, and the book of policie agreed upon in the Assembly
which was holden at Edinburgh the twentie foure of April, and
twentie foure of October, Anno 1578. Insert in the register of the
Kirk, by ordinance of the Assembly holden at Glasgow 1581. and to
be subscribed by all Ministers, that then did bear, or thereafter were
to bear office in this Kirk, by ordinance of the Assembly holden the
fourth of August at Edinburgh 1590. And at Edinburgh the second of
Iuly 1591. but specially in the 2. 3. 4. 6. 7. and 11, chapters of the
said book.
The Bishops being tollerat from the year 1572, till the Assembly
holden in August 1575. And all this time the Assembly being wearied
with complaints made against them, did enter in search of the office
it selfe, and did agree in this that the name of a Bishop is common
to every one of them that hath a particular flock, over which he hath
a particular charge, as well to preach the word, as to minister the
Sacraments.
At the next Assembly which was holden in April 1576. Such
Bishops were censured as had not taken them to a particular flock.
In the generall Assembly conveened in April the year of God 1578.
Sess. 4. Intimation was made as followeth.
“For so much as the heads of the policie being concluded and
agreed upon in the last Assembly, by the most part of the brethren;
certain of the brethren had some difficultie in the head de diaconatu,
whereupon farther reasoning was reserved to this Assembly: It is
therefore required, if any of the brethren have any reasonable doubt
or argument to propone, that he be ready the morrow, and then
shall be heard and resolved.” In the 6. Sess. April 26. According to
the ordinance made the day before; all persons that had any doubt
or argument to propone, were required to propone the same: but
none offered to propone any argument on the contrare.
In the Assembly holden at Edinburgh, in October 1578, It was
showen by the Moderatour thereof to the noble-men, who were
present, viz. My Lord Chancelour, the Earle of Montrose, my Lord
Seaton, and my Lord Lindsay, “What care and study the Assembly
had taken to entertain and keep the puritie of the sincere word of
God, unmixed with the inventions of their own heads, and to
preserve it to the posteritie hereafter, and seeing that the true
Religion is not able to continue nor endure long without a good
Discipline and policie, in that part also have they imployed their wit
and studie, and drawen forth out of the pure fountain of Gods word,
such a Discipline as is meet to remain in the Kirk.”
In the same Assembly, the speciall corruptions were set down,
which they craved such of the Bishops as would submit themselves
to the Assembly to remove, with promise, that, if the generall
Assembly, hereafter shall finde further corruptions in the said estate
then hitherto are expressed, that they be content to be reformed by
the said Assembly according to the word of God, when they shall be
required thereto. First, “That they be content to bee Pastours and
Ministers of one flock: That they usurpe no criminall jurisdiction, that
they vote not in Parliament in name of the Kirk, without Commission
from the Kirk: That they take not up for the maintenance of their
ambition and riotousnesse, the emoluments of the Kirk, which may
sustain many Pastours, the Schools, and the poore; but be content
with reasonable livings according to their office: That they claime
not to themselves the titles of Lords temporall, neither usurpe
temporall jurisdictions, whereby they are abstracted from their
office; That they empyre not above the particular Elderships, but be
subject to the same: That they usurp not the power of the
Presbyteries.”
The question being proponed by the Synod of Louthian in the
Assembly holden in July 1579. anent a generall order to be taken for
erecting of Presbyteries in places where publick exercise is used,
untill the time the policie of the Kirk be established by a law: It is
answered, “The exercise may be judged to be a Presbyterie.” In the
Assembly holden at Dundie in Iuly 1580. Sess. 4. The office of a
Bishop was abolished by a particular act, as appeareth by the
tennour of the act following.
“For so much as the office of a Bishop, as it is now used and
commonly taken within this Realme, hath no sure warrand
authoritie, nor good ground in the Scriptures, but is brought in by
the foly and corruption of mans inventions, to the great overthrow of
the Kirke of God, the whole Assembly of the Kirk in one voice after
libertie given to all men to reason in the matter, none opponing
himself in defending the said pretended office, findeth and declareth
the said pretended office, used and termed, as is above said,
unlawful in the selfe, as having neither foundament, ground nor
warrand in the word of God, and ordaineth that all such persons, as
brook or shall brook hereafter the said office, shall be charged
simply to dimit, quite, and leave off the same, as an office
whereunto they are not called of God: and suchlike, to desist and
cease from all preaching, ministration of the Sacraments, or using
any way the office of pastours, while they receive de novo,
admission from the generall Assembly, under the pain of
excommunication to be used against them, wherein if they be found
disobedient, or contradict this act in any point, the sentence of
excommunication, after due admonition, to be execute against
them.”
In the same Assembly holden Anno 1580. Sess. 10. This article
was appointed to be proponed to the King and Councel, that the
book of policie might be established by an act of privie Councel,
“while a Parliament be holden, at which it might be confirmed by a
law.”
The extent of the act made at Dundie, was interpreted and
explained in the Assembly, holden at Glasgow, in April 1581. Sess. 6.
as followeth.
“Anent the Act made in the Assembly holden at Dundie against
Bishops, because some difficultie appeared to some brethren to arise
out of the word (office) contained in the said act, what should be
meaned thereby. The Assembly consisting for the most part of such
as voted, and were present in the Assembly at Dundie, to take away
the said difficultie, resolving upon the true meaning and
understanding of the said act, declare that they meaned wholly to
condemne the whole estate of Bishops, as they are now in Scotland,
and that the same was the determination and conclusion of the
Assembly at this time, because some brethren doubted, whether the
former act was to be understood of the spirituall function only, and
others alledged, that the whole office of a Bishop as it was used,
was damnable, and that by the said act, the Bishops should be
charged to dimit the same: This Assembly declareth that they
meaned wholly to condemne the whole estate of Bishops, as they
were then in Scotland, and that this was the meaning of the
Assembly, at that time.”
The Kings Commissioner presented to this Assembly the
Confession of Faith, subscribed by the King, and his household, not
long before, together with a plot of the Presbyteries to be erected,
which is registrate in the books of the Assembly, with a letter to be
directed from his Majestie to the noble-men and gentle-men of the
Countrey, for the erection of Presbyteries, consisting of Pastours and
Elders, and dissolution of Prelacies; and with an offer to set forward
the Policie untill it were established by Parliament. The Kings letter
subscribed by his hand, to the Noble-men, and Gentle-men, was
read in open audience of the whole Assembly.
This Assembly ordained the book of Policie to be insert in the
register by the act following.
“For as much as travels have been taken in the framing of the
Policie of the Kirk, and diverse suits have been made to the
Magistrat for approbation thereof, which yet have not taken the
happie effect, which good men would wish, yet that the posteritie
may judge well of the present age, and of the meaning of the Kirk;
The Assembly hath concluded, that the book of Policie agreed to in
diverse Assemblies before, should be registrat in the acts of the Kirk,
and remaine therein ad perpetuam rei memoriam: and the coppies
thereof to be taken to every Presbyterie: of which book the tennour
followeth,” &c.
Immediatly after the inserting of the book of Policie, called there
the book of Discipline, the Assembly ordained that the confession of
Faith be subscribed as followeth.
“Anent the confession of Faith lately set forth by the Kings
Majestie, and subscribed by his highnesse. The Assembly in one
voice, acknowledgeth the said Confession to be a true, Christian,
and faithful confession, to be agreed unto by such as truly professe
Christ, and have a care of Religion, and the tennour thereof to be
followed out efoldly as the samine is laid out in the said
Proclamation,” wherein that Discipline is sworn to.
In the generall Assembly holden at Edinburgh in October 1581.
Sess. 10. Mr. Robert Montgomery is accused for teaching that
Discipline is a thing indifferent. Sess. 23. The Assembly gave
commission to the Presbyterie of Stirling, to charge Mr. Robert
Montgomerie, to continue in the ministerie of Stirling, and not to
medle with any other office or function of the Kirk, namely, in
aspyring to the Bishoprick of Glasgow, against the word of God, and
acts of the Kirk, under the pain of excommunication.
In the same Assembly it is acknowledged that the estate of
Bishops is condemned by the Kirk, commission for erection of moe
Presbyteries was renewed: and a new ordinance made for
subscribing the confession of Faith, and to proceed against
whatsoever persons that would not acknowledge and subscribe the
same.
In the Assembly holden in April 1582. there was a new
commission for erection of Presbyteries, where none was as yet
erected, Mr Robert Montgomerie, pretending to be Bishop of
Glasgow, was ordained to be deposed and excommunicat, except
hee gave evident tokens of repentance, and promise to superseed,
which he did not: and therefore he was excommunicat shortly after,
according to the ordinance of this Assembly.
In the generall Assembly holden at Edinburgh, 1582. The generall
Assembly gave commission to some Presbyteries, to try and censure
such as were called Bishops, for the great slander arising by their
impunitie. Commission was given at this Assembly to present some
articles to the Councel and Estates, for approving and establishing
by their authoritie the Presbyteries, the Synodall, and generall
Assemblies. In the 19. Sess. The Assembly declared, that no Bishop
may sit upon the Councell in name of the Kirk.
In the Assembly holden Anno 1586. These two articles were
agreed upon. First: “It is found that all such as the Scripture
appointeth governours of the Kirk, to wit Pastours, Doctours, and
Elders, may conveen to the generall Assemblies, and vote in
Ecclesiasticall matters.” Secondly: “There are foure office bearers set
down to us by the Scriptures, to wit Pastours, Doctours, Elders, and
Deacons, and the name of Bishop ought not to be taken as it hath
been in time of Papistrie, but is common to all Pastours, and
Ministers.”
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