9. If we should now sweare this Confession, we should be obliged by our oath to maintain Perth articles, which are the innovations already introduced in the worship of God, and to maintain Episcopacy, with the civill places, and power of Kirkmen. Because we are bound to swear this Confession by vertue of & conform unto the Kings command signed by his sacred Majesty of the date September 9. 1638. (These are the very words subioyned to the Confession and Band, and prefixed to the Subscriptions) and it cannot be denyed, but any oath ministred unto us, must either be refused, or else taken according to the known mind, professed intention, and expresse command of Authority urging the same: And it is most manifest, that His Maiesties minde, intention, and Commandement, is no other, but that the Confession be sworne, for the maintenance of religion, as it is already or presently professed, (these two being coincident, altogether one and the same, not only in our common form of speaking, but in all His Maiesties Proclamations) and thus as it includeth, and conteineth within the compasse thereof, the foresaid novations and Episcopacy, which under that name were also ratified, in the first Parliament holden by his Majesty. And where it may be objected, that the Counsellors have subscribed the Confession of Faith, as it was professed 1580. and will not urge the Subscription in another sense upon the Subjects. We answer, First, the Act of Counsell containing that declaration, is not as yet published by Proclamation. Secondly, if it were so published, it behooved of necessity either be repugnant to His Majesties declared Iudgement and Command, which is more nor to sweare without warrand from Authority (a fault although unjustly, often objected unto us) or else we must affirme the Religion in the yeare 1580. and at this time to be altogether one and the same; and thus must acknowledge, that there is no novation of Religion, which were a formall contradiction to that we have sworne. 3. By approving the Proclamation anent the Oath to be administred to Ministers, according to the Act of Parliament, which is to sweare simple obedience to the Diocesan Bishop, and by warning all Archbishops and Bishops to be present; as having voice and place in the Assembly: They seem to determine, that in their Iudgement the Confession of Faith, as it was professed 1580. doth consist with Episcopacy, whereas We by our oath have referred the tryall of this or any other question of that kinde to the generall Assembly & Parliament.