he Presbyteries to proceed with the censures of the Kirk, to
excommunication, against those Ministers who being deposed by this
Assembly acquiesces not to their sentences, but exercise some part of
their Ministerial function, refuseth themselves, and with-draw others from
the obedience of the acts of the Assembly.

Act. Sess. 25. December 19. 1638.

_Against the civil places and power of Kirk-men._

The generall Assembly, remembering that among other causes of the
application of the confession of Faith to the present time, which was
subscribed in _February_ 1638. The clause touching the civill places and
power of Kirk-men, was referred unto the tryal of this Assembly; entered
into a serious search thereof, especially of their sitting on the bench,
as Justices of peace, their sitting in Session and Councel, their riding
and voting in Parlament: and considering how this vote in Parliament, was
not at first sought nor requyred by this Kirk, or worthy men of the
Ministerie, but being obtruded upon them, was disallowed for such reasons
as could not well be answered (as appeareth by the conference, holden at
_Halyrude-house_ 1599. which with the reasons therein contained was read
in the face of the Assembly) & by plurality of voices nor being able to
resist that enforced favour, they foreseeing the dangerous consequences
thereof, in the Assembly at _Montrose_ did limitate the same by many
necessare cautions: Considering also the protestation made in the
Parliament 1606 by Commissioners from Presbyteries, and provincial
Assemblies, against this restitution of Bishops to vote in Parliament, and
against all civil offices in the persons of Pastors, separate unto the
Gospel, as incompatible with their spiritual function; with the manifold
reasons of that Protestation from the word of God, ancient Councels,
ancient and moderne Divines, from the Doctrine, discipline and Confession
of Faith of the Kirk of _Scotland_, which are extant in print, and were
read in the audience of the Assembly: Considering also from their own
experience the bad fruits and great evils, which have been the inseparable
consequents of these offices, and that power in the persons of Pastors
separate to the Gospel, to the great prejudice of the freedome and
libertie of the Kirk, the jurisdiction of her Assemblies, and the powerful
fruits of their spiritual Ministerie; The Assembly most unanimously in one
voice, with the hesitation of two allanerly,