The 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._