w_ had two, and
_St. Andrews_ had two: Of the Burghes, there were there 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 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