Sess. VIII. 17. Aug. 1639. Act containing the Causes and Remedie of the by-gone evils of this Kirk.

THe Kings Majestie having graciously declared, That it is His Royall will and pleasure, that all questions about Religion, and matters Ecclesiasticall be determined by Assemblies of the Kirk, having also by publike Pro­clamation indicted this free nationall Assembly, for set­tling the present distraction of this Kirk, and for establish­ing a perfect peace, against such divisions and disorders as have been sore displeasing to His Majestie, and grievous to all his good Subjects. And now His Majesties Commissioner John Earle of Traquair, intrusted and authorized with a full Commission, being present, & sitting in this As­sembly, now fully conveened and orderly constitute in all the members thereof, according to the order of this Kirk, having at large declared His Majesties zeal to the reformed Religion, and His Royall care and tender affection to this Kirk, where his Majestie had both His Birth and Bap­tisme, His great displeasure at the manifold distractions and divisions of this Kirk and Kingdome, and His desires to have all our wounds perfectly cured with a fair and fatherly hand: And although in the way approven by this Kirk, tryall hath been taken in former Assemblies before from the Kirk registers, to our full satisfaction, yet the Commissioners Grace making particular enquiry from the members of the Assembly, now solemnely conveened, concerning the reall and true causes of so ma­ny and great evills as this time past had so sore troubled the peace of this Kirk and Kingdome, It was represented to His Majesties Com­missioner by this Assembly, That beside many other, the maine and most materiall causes were, First, The pressing of this Kirk, by the Prelates with a Service Book, or Book of Common Prayer, with­out warrand or direction from the Kirk, and containing beside the Po­pish frame thereof, divers Popish errors and ceremonies, and the seeds of manifold grosse Superstitions and Idolatry, with a Book of Canons, without warrand or direction from the Generall Assembly, establishing a [Page 3]tyrannicall power over the Kirk in the person of Bishops, and overthrow­ing the whole discipline and government of the Kirk by Assemblies, with a Book of Consecration and Ordination, without warrand of Authoritie, Civill or Ecclesiasticall, appointing offices in the house of God, which are not warranted by the word of God, and repugnant to the discipline and Acts of our Kirk, and with the high Commission, erected without the consent of the Kirk, subverting the jurisdiction and ordinary Judicatories of this Kirk, and giving to persons meerely Ecclesiasticall, the power of both swords, and to persons meerly Civill, the power of the Keys and Kirk-sensures. A second cause was the Articles of Perth, viz. the obser­vation of Festivall dayes, kneeling at the Communion, Confirmation, Administration of the Sacraments in private places, which are brought in by a null Assembly and are contrary to the Confession of Faith, as it was meant and subscribed Anno 1580. and divers times since, and to the order and constitutions of this Kirk. Thirdly, the changing of the government of the Kirk, from the Assemblies of the Kirk to the persons of some Kirk­men, usurping prioritie and power over their Brethren, by the way, and under the name of Episcopall government, against the Confession of Faith, 1580. against the order set downe in the Book of Policy, and against the intention & constitution of this Kirk from the begining. Fourthly the Civill places and power of Kirk-men, their sitting in Session, Councell and Exchequer, their Riding, Sitting, and voting in Parliament, and their fitting in the Bench as Justices of peace, which according to the con­stitutions of this Kirk are incompatible with their spiritual sanction, lifting them up above their Brethren in worldly pomp, and do tend to the hinder­ance of the Ministrie. Fiftly the keeping & authorizing corrupt Assemblies at Linlithgow, 1606. and 1608. At Glasgow, 1610. At Aberdene, 1616. At S. Andrews, 1617. At Perth, 1618. which are null and unlawfull, as being called and constitute quite contrary to the order and constitutions of this Kirk received and practised ever since the Reformation of Religion, and withal laboring to introduce novations into this Kirk, against the order and Religion established. A sixth cause is the want of lawfull and free Generall Assemblies, rightly constitute of Pastors, Doctors, and Elders yearly, or oftner prore nata, according to the libertie of this Kirk, ex­pressed in the Book of Policy, and acknowledged in the Act of Parlia­ment, 1592. After which the whole Assembly in one heart and voyce did declare, that these and such other, proceeding from the neglect and breach of the Nationall Covenant of this Kirk and Kingdome, made in Anno 1580. have been indeed the true and maine causes of all our evills and distractions. And therefore ordain, according to the constituiions of the Generall Assemblies of this Kirk: and upon the grounds respective a­bove-specified, That the foresaid Service Book, Books of Cannons, and Ordination, and the high Commission, be still rejected; that the Articles of Perth, be no more practised: That Episcopall Government, and the Civill places and power of Kirk-men be holden still as unlawfull in this Kirk: That the above named pretended Assemblies, At Linlithgow 1606. and 1608. At Glasgow 1610. At Aberdene 1616. At S. Andrews 1617. At Perth 1618. be hereafter accounted as null, and of none effect. And that for [Page 4]preservation of Religion, and preventing all such evills in time-coming, Generall Assemblies rightly constitute, as the proper and competent judge of all matters Ecclesiasticall, heereafter be kept yearly and oftner, prore nata, as occasion and necessity shall require; The necessity of these oc­casionall Assemblies being first remonstrate to His Majestie by humble snpplication: As also that Kirk Sessions, Presbyteries and Synodall As­semblies, be constitute and observed, according to the order of this Kirk.

Sess. XVIII. 26. Aug. 1639. Act approving an old Register of the Generall Assembly.

WE under-subscribers, Forsameikle as the late Generall Assem­bly holden at Glasgow, gave power and Commission to us, To peruse, examine, and cognosce upon the validity, faith, and strength of the books and Registers of the Assembly, particu­larly set down in the Commission given to us thereanent: According whereunto we did carefully view, peruse, and consider the saids Registers, and gave our testimony thereof under our hands, of the validity and suf­ficiencie of the samine, to the said Generall Assembly. And now having a new Commission given to us from the Generall Assembly now present­ly conveened and sitting at Edinburgh, To peruse, examine, and cognosce upon the validity, faith and strength of another Register of the Assembly, which was not set down and recommended to us by the said former Commission, which Register beginneth at the Assembly holden at Edin­burgh the sixth day of March 1572. and endeth at the Assembly likewise holden at Edinburgh 1573. we have carefully viewed, perused, and con­sidered the said Register: And being deeply and maturely advised, as in a matter of greatest weight and consequence, do attest before God, and upon our consciences declare to the world, and this present Assembly, That the said Register above exprest, is a famous, authentick, and good Register, which ought to be so reputed, and have publike faith in judge­ment [Page 5]and outwith, as a valid and true Record in all things, And finds the same to be of the same hand-writ, and subscribed by the same Clerk of the Generall Assembly, as divers of the said other Registers (formeely perused by us) are. And in testimonie of our solemne affirmation we have subscribed these prefents with our hands, at Edinburgh the [...] day of August 1639.

Act Sess. XIX. Aug. 27. 1639. Act approving the deposition of the Ministers by the Committees.

THe Assembly, after the receiving of the whole reports from the Committees, appointed for revising of the processes and sentences, led, deduced, and pronounced before, and by the severall Commissions granted by the Assembly at Glasgow, All in one voice approved the saids whole processes as or­derly proceeded, and the whole sentences pronounced thereintill, as just and lawfull decrees, without prejudice of any favour that can be showne to any person or persons, against whom the said sentences are pronounced upon their supplications, or of Justice to such as complain of their processe, and offers to reduce the same upon whatsoever reason competent, by the Constitutions of this Kirk and Kingdome, before the Generall Assembly, and the Commissioners thereof, they being appointed for that effect.

Act Sess. XX. 28. Aug. 1639. Act anent receiving of deposed Ministers.

THe which day the Generall Assembly upon the report of the Committees anent these who are deposed by Synods, Doe make this Generall Act, recommending to the Synods all these who are deposed before them for subscribing of the Declinator, and reading of the Service-Book and for no other grosse cause, That upon their true repentance and submission to the Constitutions of this Kirk, and upon their purgation and clearnesse from any grosse Faults laid to their charge in any new processe against them, they may be found by the Synods capa­ble of the Ministrie, when God grants them an ordinary and lawfull call­ing by admission from the Presbyterie, either in the Church they served in before, or in any other Church.

Act Sess. XXI. 29. Aug. 1639. Act anent the keeping of the Lords Day.

THe Assembly considering that the conventions of the People, specially on the Sabbath day are very rare in many places, by distraction of labour not only in harvest and seed-time, but also every Sabbath, by fishing both of white fish, and Salmond-fishing, and in going of Mylnes. Therefore the Assembly dischargeth and inhibiteth all such labour of fishing as well white fish as Salmond-fish, and going of Mylnes of all sorts upon the Sabbath, under the pain of incurring the cen­sures of the Kirk: And ordaines the Commissioners of this Assembly, to mean the same to His Majestie, and to desire that a pecuniall paine may be injoyned upon the contraveeners of this present Act.

Act Sess. XXII. 29. Aug. 1639. à meridie. Articles and Overtures approved by the Assembly.

THat some Commissioners be appointed to visit and peruse the whole Acts of Generall Assemblies, and to marke such Acts as are for the use of the Kirk in Generall, To extract the same out of the Registers, to the effect that after they be tryed, they may be printed according to the old Acts of the Assembly at Edinburgh March 7. 1574. Session 9.

The Assembly appoints the Presbyterie of Edinburgh to have a care of this article, and to report their diligence to the next Assembly.

That course may be taken for restraining of people from passing to England to marry, which is the occasion of great inconveniencies.

The Assembly alloweth this article, and recommends to the Parliament, that they would appoint a pecuniall snmme to be payed by the contra­veeners.

That the Acts for furnishing expences to Commissioners, sent by the Presbyteries to the Generall Assembly, and sent in Commission by Ge­nerall Assemblies, may be explained; And it be declared that all such Commissioners whatsoever, by their stipends may be furnished by the Kirks of the Presbyterie, according to the order set down in the Act of the [Page 7]last Assembly, since the errand is common, and the benefit concerneth all: and that order may be taken, how that an expedient voluntarie course, thought fit by the Assembly, shall by advise of Parliament, have the force of a law, for compelling these to pay who are stented, both for the last and this Assembly, and in time to come.

The Assembly allowes this article, and referres the same to the Par­liament.

That the Session-Books of every Paroche be presented once a year to the Presbyteries, that they may be tryed by them.

The Assembly alloweth this article.

That the Act of the 38. Assembly at Edinburgh, October 24. 1578. Sess. 8. ordaining Ministers who are deposed, to be charged under the pain of excommunication, to dimit their places, that they may be unquestionably vacand, may now be renewed.

The Assembly alloweth this article, and remits the same to the Parliament.

The Assembly would revive or renew all former Acts of Assembly a­gainst Papists, and excommunicate persons, against haunters with them and receivers of them.

The Assembly alloweth this article.

That an uniforme Catechisme may be appointed to be used through­out this whole Kingdome in the examinations before the Communion.

The Assembly alloweth this article.

That all Ministers or Intrants presented to Kirks, be tryed before their admission, if they be qualified for the places to which they are presented, besides the ordinary tryalls of Expectants before their entrie to the Mini­sterie.

The Assembly alloweth this article.

Sess. XXIII. 30. Aug. 1639. The Supplication of the Generall Assembly to the Kings Majesties Commissioner, concerning the Book, called, The large Declaration.

WEe the Members of this present Assembly, for our selves, and in name of the severall Presbyteries, Burghs, and Universities, for which we are Commissioners, resenting the great dishonour done to God, our King, this Kirk, and whole Kingdome, by the Book called, A large De­claration, have here represented the same to your Grace, and have collected some amongst many of false grosse & absurd passages, That from the consideration therof, your Grace perceiving the intolerable evills foresaids contained therein, may be pleased to represent the same to [Page 8]our gracious Soveraigne, and in our behalfs humbly to beseech his Ma­jestie, so much wronged by the many foul and false relations, suggested and perswaded to him as trueths, and by stealing the protection of His Royall Name and Authoritie to the patrocinie of such a Book: To be pleased first to call in the said Book, and thereby to shew his dislike there­of: Next to give Commission and warrant, To cite all such parties as are either knowne or suspect to have hand in it, and to appoint such as His Majestie knowes to be either authors, informers, or any wayes accessarie, being Natives of this Kingdome, To be sent hither to abide their tryall and censure before the Judge Ordinary, and in speciall Master Walter Bal­canquell, now Deane of Durham, who is known and hath professed to be the author, at least a vower and maintainer of a great part thereof; that by their examplar punishment, others may be deterred from such dangerous courses, as in such a way to raise sedition betwixt the King and His Sub­jects, Gods honour may be vindicate from so high contempt, His Ma­jesties justice may appear, not only in cutting away such Malefactors, but in discouraging all such under-miners of His throne, His loyall and loving Subjects shall be infinitly contented to be cleared before the world of so false and unjust imputations, and will live hereafter in the greater securitie, when so dangerous a course of sedition is prevented, and so will have the greater and greater cause to pray for His Majesties long and prosperous Reigne.

The Supplication of the Assembly to His Ma­jesties High Commissioner, and the Lords of secret Councell.

WEe the Generall Assembly, considering with all humble and thankfull acknowledgement, the many recent fa­vours bestowed upon us by His Majestie, and that there resteth nothing for crowning of His Majesties incom­parable goodnesse towards us, but that all the members of this Kirk and Kingdom be joyned in one and the same Confession and Covenant with God, with the Kings Majestie, and amongst our selves: And conceiving the main lett and impediment to this so good a work, and so much wished by all, to have been the Informations made to His Majestie, of our Intentions to shake off civill and dutifull obedience due to Soveraignity, and to diminish the Kings greatnesse and authoritie, and being most willing and desirous to remove this and all such impediments which may hinder and impede so full and perfect an Union, and for clearing of our loyaltie, WEE in our own names, and in name of all the rest of the Subjects and Congregations whom we repre­sent, do now in all humility represent to your Grace, His Majesties Com­missioner, [Page 9]and the Lords of His Majesties most Honourable Privie Coun­cell, and declares before God and the world, that we never had nor have any thought of with-drawing our selves from that humble and dutifull obedience to His Majestie, and to his government, which by the descent and under the reign of 107. Kings is most chearfully acknowledged by us and our predecessors: and that we never had, nor have any intention nor desire to attempt any thing that may tend to the dishonour of God, or the diminution of the Kings greatnesse and authoritie: But on the contrary, acknowledging our quietnesse, stabilitie and happinesse to depend up­on the safety of the Kings Majesties Person, and maintenance of His greatnesse and royall authority who is Gods Vice-gerent set over us, for the maintenance of Religion and ministration of Justice, Wee have solemnly sworn and do sweare, not only our mutuall concurrence and assistance for the cause of Religion, and to the uttermost of our power, with our means and lives, to stand to the defence of our dread Soveraigne, his person and authority, in preservation and defence of the true Religion, Liberties and Lawes of this Kirk and Kingdome, but also in every cause which may concerne His Majesties honour, shall according to the Lawes of this Kingdome, and the dueties of good Subjects, concurre with our friends and followers in quiet manner, or in Armes, as we shall be required of His Majestie, His Councell, or any having his authority. And therefore being most desirous to cleare our selves of all imputation of this kinde, and following the laudable example of our predecessors, 1589. do most hum­bly supplicate your Grace, His Majesties Commissioner, and the Lords of His Majesties most honourable Privie Councell, to enjoyn by Act of Councell, that this Confession and Covenant, which, as a testimony of our fidelity to God, and loyaltie to our King, we have subscribed, be sub­scribed by all His Majesties Subjects, of what rank and quality soever.

The Act of the Lords of Councell at Edinburgh, Aug. 30. 1639. containing the Answer of the preceding Supplication.

THe which day in presence of the Lord Commissioner and the Lords of Privie Councell, compeired personally John Earle of Rothes, James Earle of Montrose, John Lord Lowdoun, Sir George Stirling of Keir Knight, Sir William Douglas of Cavers Knight, Sir Henry Wood of Bonytoun Knight, John Smyth Burgesse of Edinburgh, Mr. Robert Barclay Provest of Irwing, Mr. Alexander Henderson Minister at Edinburgh, and Mr. Archbald Johnstoun Clerk to the Generall Assem­bly, and in the name of the present sitting Generall Assembly, gave in to the Lord Commissioner and Lords of Privie Councell, the Petition above written; which being read, heard, and considered by the saids Lords, they have ordained, and ordain the same to be insert and registrate in the books [Page 10]of Privie Councell, and according to the desire thereof, ordaines the said Confession and Covenant to be subscribed in time coming by all His Majesties Subjects of this Kingdome, of what ranke and quality so­ever.

Act ordaining the subscription of the Confession of Faith and Covenant, with the Assemblies Declaration.

THe Generall Assembly considering the great happinesse which may flow from a full and perfect Union of this Kirk and King­dome, by joyning of all in one and the same Covenant with God, with the Kings Majestie, and amongst our selves, having by our great Oath declared the uprightnesse and loyaltie of our intentions in all our proceedings, and having withall supplicated His Majesties high Commissioner, & the Lords of His Majesties honorable Privie Councell, to injoyn by Act of Councell, all the Lieges in time coming to subscribe the Confession of faith and Covenant, which as a testimogy of our fide­lity to God and loyaltie to our King, we have subscribed; And seeing His Majesties high Commissioner, and the Lords of His Majesties honourable Privie Councell, have granted the desire of our Supplication, ordaining [Page 12]by Civill authority, all His Majesties Lieges in time comming, to sub­scribe the foresaid Covenant, that our Union may bee the more full and perfect, We by our Act and Constitution Ecclesiasticall, do ap­proove the foresaid Covenant, in all the Heads and Clauses there­of, and ordains of new, under all Ecclesiasticall censure, that all the Masters of Universities, Colledges, and Schooles, all Schollers at the passing of their degrees, all persons suspect of Papistry, or any other er­rour; and finally, all the members of this Kirk and Kingdome, subscribe the same with these words prefixed to their subscription: The Article of this Covenant, which was at the first subscription referred to the determination of the Generall Assembly, being determined. And thereby the five Articles of Perth, the government of the Kirk by Bishops, the civill places and power of Kirk men, upon the reasons and grounds contained in the Acts of the Generall Assembly declared to be unlawfull within this Kirk, we subscribe according to the determination foresaid. And ordains the Covenant, with this Decla­ration, to be insert in the Registers of the Assemblies of this Kirk, Gene­rall, Provinciall, and Presbyteriall, ad perpetuam rei memoriam; and in all humility supplicates His Majesties high Commissioner, and the honour­able Estates of Parliament, by their authority, to ratifie and injoyne the same under all civill paines, which will tend to the glory of God, preser­v [...] of Religion ,the Kings Majesties honour, and perfect peace of this Kirk and Kingdome.

Aug. 30. 1639. Act anent Appellations.

THe Assembly appointed that in all time hereafter, no Appellati­ons should be, leaping over either Presbyterie or Synod, but to ascend by degrees as from the Kirk Session to the Presbytry, or from the Presbyterie to the Synod, and from the Synod to the Generall Assembly, except it be after the Synod be past, and immedi­atly before the Generall Assembly, or in the time thereof, and renews all former Acts made to this effect.

Act anent advising with Synods and Presbyteries before determination in Novations.

THe Generall Assembly desiring that the intended Reformation being recovered, may be established, Ordains, that no Novati­on which may disturbe the peace of the Church, and make divi­sion, be suddenly proponed and enacted: But so as the motion be first communicate to the severall Synods, Presbyteries and Kirks, that the matter may be approved by all at home, and Commissioners may come well prepared, unanimously to conclude a solide deliberation upon these points in the Generall Assembly.

Act anent Ministers Catechising, and Family Exercises.

THe Assembly considering that the long waited-for fruits of the Gospel, so mercifully planted and preserved in this Land, and the Reformation of our selves, and Families, so solemnly vowed to God of late in our Covenant, cannot take effect, ex­cept the knowledge & worship of God be caried from the Pulpit to every family within each Parish, hath therefore appointed that every Minister, besides his paines on the Lords day, shall have weekly catechising of some part of the Paroch, and not altogether cast over the examination of the people, till a little before the Communion. Also that in every Familie the worship of God be erected, where it is not both Morning and Evening, and that the Children and Servants be catechised at home, by the Masters of the Families, whereof account shall be taken by the Minister, and Elders assisting him in the visitation of every Family: And lest they fail, that visi­tation of the severall Kirks be seriously followed by every Presbyterie, for this end among others. The execution and successe whereof, being tried by the Synods, let it be represented to the next Generall Assembly.

Sess. XXIIII. 30. Aug. à meridie. The Assemblies Supplication to the Kings Majestie.

WEe Your Majesties most humble and loyall Subjects, the Commissioners from all the parts of this your Majesties an­cient and Native Kingdome, and members of the Nationall Assembly, conveened at Edinburgh by Your Majesties speci­all indiction, and honoured with the presence of Your Ma­jesties high Commissioner, have been waiting for a day of rejoycing, and of solemne Thanksgiving to be rendred to God by this whole Kirk and Kingdome, for giving us a King so just and religious, that it is not only lawfull for us to be Christians under Your Majesties government, which sometime hath been the greatest praise of great Princes, but also that it hath pleased Your gracious Majestie, to make known that it is Your Roy­all will and pleasure, that all matters Ecclesiasticall be determined in free Nationall Assemblies, and matters civill in Parliaments; which is a most noble and ample expression of Your Majesties justice, and we trust shall be a powerful mean of our common happinesse under your Majesties most blessed Reign. In the mean while we do most humbly, upon the knees of our hearts, blesse your Majesty for that happinesse already begun in the late Assembly at Edinburgh; in the proceedings whereof, next under God, we have laboured to approve our selves unto Your Majesties Vice-gerent, as if Your Majesties eyes had been upon us, which was the desire of our [Page 14]souls, and would have beene the matter of our full rejoycing, and doe still continue Your Majesties most humble supplicants for Your Majesties ci­vill sanction and ratification of the constitutions of the Assembly in Par­liament; That your Majesties Princely power, and the Ecclesiasticall Au­thority joyning in one, the mutuall embracements of religion and justice, of truth and peace may be seen in this Land, which shall be to us as a resurrection from the dead, and shall make us, being not only so farre re­covered, but also revived, to fill Heaven and Earth with our praises, and to pray that King CHARLES may be more and more blessed, and His throne established before the Lord for ever.

Overtures given in by the Committee appointed by the last Assembly, anent the ordering of the Assembly­house: Which being read in audience of the Assembly they approved the same.

THe Assembly finds it expedient for the ordering of the House in all time coming, that the Commissioners sit together un­mixt, and that the places where they sit be railed about, or some other way divided from the seats of others, and that places be provided without the bounds of the Commission­ers seats to persons of respect, who are not Commissioners, and others according to their qualities, as the Magistrates of the Town shall find most convenient.

II Also that the Commissioners, having received tickets from the Magi­strates of the Burgh, at the delivery of their Cōmissions, wherby they may have ready accesse to the Assemblie-House and place appointed for them, do keep the hour of meeting precisely, & whosoever comes after the time, or shall be found absent at the calling of the Rols, to be censured as the Assemblie sees fitting: And whatsoever Presbyterie, Burgh or Universi­tie, shall not send Commissioners, or Commissioners sent from them doe [Page 16]not come at all to the Assembly, be summond unto the next Assembly, and censured as the Assembly shall find reasonable.

III That foure persons of respect have warrant from the Assembly to in­joyne that there be no standing, no din, nor disorderly behaviour; And if any shall disobey them, or direct his speech to any, except to the Mo­derator, and that one at once with leave first asked and given, to be rebu­ked publikely by the Moderator: and if he desist not be removed out of the Assembly for that Session.

IIII That no motion come in unto the Assembly but by the Committee appointed for matters of that nature: and if the Committee refuse to an­swer the same, let it be proponed to the Assembly with the reasons there­of.

V That the minutes of ilk Session be read before their rising, and if the matter concerne the whole Kirk, let it be drawn up in forme and read in the begining of the next ensuing Session, that the Assembly may judge whether or not it bee according to their minde.

Act anent the demolishing of Idolatrous Monuments.

FOrasmuch as the Assembly is informed, that in divers places of this Kingdome, and specially in the North parts of the same, many Idolatrous Monuments, erected and made for Religious worship, are yet extant, Such as Crucifixes, Ima­ges of Christ, Mary, and Saints departed, ordaines the saids monuments to be taken down, demolished, and destroyed, and that with all convenient diligence: and that the care of this work shall be incumbent to the Presbyteries and Provinciall Assemblies within this Kingdome, and their Commissioners to report their diligence herein to the next Generall Assembly.

Act against Witches and Charmers.

THe Assembly ordaines all Ministers within the Kingdome, care­fully to take notice of Charmers, Witches, and all such abu­sers of the people, and to urge the Acts of Parliament, to be execute against them: And that the Commissioners from the Assembly to the Parliament, shall recommend to the said supreme judi­catory, the care of the execution of the Lawes against such persons in the most behoovefull way.

Sess. V. Aug. 1. 1640. Act for censuring speakers against the Covenant.

THe Assembly ordaines, that such as have subscribed the Cove­nant and speakes against the same, if he be a Minister, shall be deprived; and if he continue so, being deprived, shall be ex­communicate: And if he be any other man, shall be dealt with as perjured, and satisfie publikely for his perjury.

Sess. X. 5. Aug. 1640. Act against Expectants refusing to subscribe the Covenant.

THe Assembly ordaines, that if any Expectant shall refuse to sub­scribe the Covenant, he shall be declared uncapable of a Peda­gogie, teaching of a School, reading at a Kirk, Preaching with­in a Presbyterie, and shall not have libertie of residing within a Burgh, Universitie, or Colledge: And if they continue obstinate, to be processed.

Sess. III. 28. July 1641. Act approving the Overtures of the Assembly at Aber­dene, for ordering the Assembly-House.

THe Overtures for ordering the Assembly-House, given in to, and approved by the Assembly of Aberdene the 29. July 1640. Act Sess. 2. were openly read, and again approved by this Assembly, and ordained to be kept the whole time thereof.

Sess. V. 30. July 1641. Act anent old Ministers bruiking their Benefices.

THe Assembly having considered the Supplication given in by Doctor Robert Howie, Provest of the New Col­ledge of S. Andrews, whereby he craved, that (notwith­standing of his dismission of his charge) he should not be prejudged of his full provision and maintenance du­ring his life time: The Assembly thinks it fit and neces­sary, that his provision and maintenance should not be diminished, but that he should injoy the same fully, as of before, during all the dayes of his life-time, and craveth his dismission to be only but a cessation from his charge, because of his age and inability: And declares, that old Ministers and professors of Divinitie, shall not by their cessation [Page 20]from their charge, through age and inabilitie, be put from injoying their old maintenance and dignity. And recommends this and others the like things, concerning the estate of that Universitie of S. Andrews, to the Parliament, and the Visitation to be appointed from the Assembly and Parliament. And likewise the Assembly being informed, that the said Doctor Howie hath been very painfull in his charge, and that he hath di­vers papers which would be very profitable for the Kirk: Therefore they think fit, that the said doctor Howie be desired to collect these papers, which doeth concerne, and may be profitable for the use of the Kirk, that the samine may be showne to the Visitors of the said Universitie.

Sess. VIII. 2. Aug. 1641. à meridie. Act against sudden receiving Ministers deposed.

THe Assembly ordaines, that Ministers who are deposed either by Presbyteries, Synods, or Generall Assemblies, or Committees from Assemblies for the publike cause of the Reformation and order of this Kirk, shall not be suddenly received againe to the Ministerie, till they first evidence their repentance both before the Presbyterie and Synod, within the bounds where they were deposed, and thereafter the samine reported to the next ensuing Generall Assembly.

Sess. X. Aug. 4. 1641. Act against Impiety and Schisme.

THe Assembly seriously considering the present case and condition of this Kirk & Kingdom, what great things the Lord hath done for us, especially since the renewing of our Covenant, notwithstanding our former backsliding and desertion; and if we shall either become remisse in the dueties of Piety, or shall not constantly hold & keep our Religion, unto which we have bound our selves so straitly & solemn­ly, what dishonour we doe unto the name of God before men, who have their eyes upon us, and how great judgements we bring upon our selves, upon these and the like considerations, The Assembly doth finde it most necessary to stirre up themselves, and to provoke all others both Ministers and people of all degrees, not only to the religious exercises of publike worship in the Congregation, and of private worship in their Families, and of every one by themselves apart, but also to the dueties of mutuall edification, by instruction, admonition, exhorting one another to forward­nesse in Religion, and comforting one another in whatsoever distresse; and that in all their meetings, whither in the way of civill conversation, or by reason of their particular callings, or any other occasion offered by divine providence, no corrupt communication proceed out of their mouth, but that which is good to the use of edifying, that it may minister grace unto the hearers: And because the best means have been, and may still be de­spised or abused, and particularly the duetie of mutuall edification, which hath been so little in use, and so few know how to practise in the right manner, may be upon the one part subject to the mocking of ungodly and worldly men, who cannot endure that in others, which they are not willing to practise themselves, and upon the other part, to many errors and abuses, to which the godly through their weaknes may fall, or by the craf­tinesse of others may be drawn into, such as are Error, Heresie, Schisme, Scandall, Self-conceit, and despising of others, pressing above the com­mon calling of Christians, & usurping that which is proper to the Pastoral Vocation, contempt or misregard of the publike means, idle and unprofit­able [Page 22]questions which edifie not, uncharitable censurings, neglect of duties in particular callings, businesse in other mens Matters and Callings, and many such others in doctrine, charity, and manners, which have dolefully rent the bowels of other Kirks, to the great prejudice of the Gospel.

Therefore the Assembly, moved with the zeal of God against all abu­ses and corruptions, and according to their manifold obligations, most earnestly desiring and thirsting to promove the work of Reformation, and to have the comfort & power of true godlinesse, sensible to every soul, and Religion to be universally practised in every Family, and by every person at all occasions, Doth charge all the Ministers and Members of this Kirk whom they doe represent, that according to their severall places and vo­cations, they endeavour to suppresse all impiety and mocking of religious exercises, especially of such as put foule aspersions, and factious or odi­ous names upon the godly. And upon the other part, that in the fear of God they be aware and spiritually wise, that under the name and pretext of religious exercises, otherwayes lawfull and necessary, they fall not into the aforesaid abuses; especially, that they eschew all meetings which are apt to breed Error, Scandall, Schisme, neglect of dueties and particular callings, and such other evills as are the works, not of the spirit, but of the flesh, and are contrary to truth and peace; and that the Presbyteries and Synods have a care to take order with such as transgresse the one way or the other.

Sess. XIIII. 6. Aug. 1641. à meridie. Act anent Novations.

SInce it hath pleased God to vouchsafe us the libertie of yearly Generall Assemblies, It is ordained according to the Acts of the Assembly at Edinburgh 1639. and at Aberdene, 1640. that no Novation in doctrine, worship, or government, be brought in, or practised in this Kirk, unlesse it be first propounded, examined, and allowed in the Generall Assembly, and that transgressors in this kinde be censured by Presbyteries and Synods.

Act Sess. XV. 7. Aug. 1641. Overtures anent Bursars, and Expectants.

THe Assembly thinks meet for maintaining of Bursars of Divinitie, that every Presbyterie that consists of twelve Ministers, shall maintain a Bursar, and where the number is fewer nor twelve, shall be joyned with these out of another Presbyterie where their number ex­ceeds: [Page 23]where this course is not already kept, it is to be begun without lon­ger delay, and every Provinciall is ordained to give an accompt of their number of Bursars, that is constantly to be entertained by their Province, at the next ensuing Generall Assembly.

II No Expectant shall be permitted to preach in publike before a Con­gregation, till first he be tryed after the same manner, how beit not alto­gether with that accuracie which is injoyned by the Act of the Assembly of Glasgow 1638. which prescribes the order and manner of tryall, that is to be kept with these who are to be admitted to the holy Ministrie: and none so tryed shall preach in publike, without the bounds of the Univer­sity or Presbyterie where he past his tryalls, till he first make it known to the other Presbyteries, where he desires to be heard, by a testimoniall from the Universitie or Presbyterie where he lived, that he hath bin of an honest conversation, and past his tryalls conform to the order here pre­scribed: Which being done in the meeting of the Province or Presbyte­rie, where he desires to be heard; he is to be allowed by them to preach within the bounds of that Province or Presbyterie, without any further tryall to be taken of him.

III Expectants being educate in a Colledge that was corrupt, or under a corrupt Minister, if they themselves have been known to have been tainted with error, or opposite to our Covenant, and the blessed Work of Refor­mation within this Kirk, the same order is to be kept in admitting them to the holy Ministrie, or to any place in the Colledges or Schooles of this Kingdome, that was ordained to be kept in admission of these Ministers who fled out of the Countrey, and shew themselves opposite to our Co­venant and Reformation.

Act Sess. XVII. Aug. 9. 1641. Act against unlawfull Bands.

THe Assembly taking to their consideration the question proponed unto them concerning the Band, the copy whereof was present­ed before them from the Parliament, doth find and declare that Bands of this and the like nature, may not lawfully be made: By which Declaration the Assembly doth not intend to bring any censure for what is past, and by the wisedome and care of the Committee of the Par­liament is taken away, upon any person, who being required by the Mo­derator and the Clerk, shall under his hand declare before them, That as the Assembly doth finde that the subscribers are not astricted by their Oath to the tenor of the said Band, so he findeth himself not to be astrict­ed by his Oath to the tenor thereof; but the intention of the Assembly is meerly to prevent the like in time coming.

Act anent the Kirk of Campheir.

THe which day a motion was made in the Assembly, that it seemed expedient for correspondencie that might be had from forraigne parts, for the weal of this Kirk, That the Scots Kirk at Campheir were joyned to the Kirk of Scotland, as a Member thereof: Which being seriously thought upon and considered by the Assembly, they approved the motion, and ordained M. Robert Baillie Minister at Cilwinning, to write to M. William Spang Minister at Campheir, and Kirk Session thereof, wil­ling them to send their Minister, and a ruling Elder, instructed with a Commission to the next Generall Assembly to be holden at S. Andrews, the last Wednesday of July 1642. at which time they should be inrolled in the Books of the Generall Assembly, as Commissioners of the Gene­rall Assembly of Scotland, from the Scots Kirk at Campheir.

Act Sess. III. July 29. 1642. Act for bringing in of the Synode Books yeerly to the Generall Assemblies.

THE Moderator calling to minde that which was forgotten in the preceeding Sessions, the examination of the Provinciall Books, caused call the Roll of the Provinciall Assemblies, And the Assembly finding very few Provinces to have sent their Books to this Assembly, notwithstanding of the ordinance of the former Assembly thereanent, for the more exact obedience of that ordinance hereafter, the Assembly in one voyce ordaines, That the Books of every Provinciall Assembly shall be brought and produced to every Generall Assembly: And that this may be performed, ordaines that every Clerk of the Provincialls, either bring or send the said Books yearly to the Ge­nerall Assemblies, by the Commissioners sent to the Assemblies, from these Presbyteries where the Clerks reside. Which charge the Assembly also layes upon the said Commissioners, sent from the saids Presbyteries where the Clerks reside, ay and while some meanes be provided, whereby the Clerks charges may be sustained for coming with the saids Books themselves: And that under the pain of deprivation of the Clerk in case of his neglect, and of such censure of the saids commissioners, in case of their neglect as the Assembly shall think convenient.

Act Sess. V. Aug. 1. 1642. Act anent the choosing of Kirk Sessions.

ANent the question moved to the Assembly, concerning the ele­ction of Kirk Sessions, The Assembly ordaines the old Session to elect the new Session both in Burgh and Land. And that if any place shall vaik in the Session chosen, by death or other­wise, the present Session shall have the election of the person to fill the va­cand roome.

Act Sess. VII. 3. Aug. 1642. Act anent the order for making Lists to His Majestie, and other Patrons for Presentations; the order of tryal of Expectants, and for trying the quality of Kirks.

FOrsameikle as His Majestie was graciously pleased in His Answer to the Petition, tendred by the Commissioners of the late Assembly to His Majestie, to declare and promise, for the better providing of vaiking Kirks at His Majesties Presentation with qualified Ministers, to present one out of a list of six persons, sent to His Majestie from the Presbyteries wherein the vaiking Kirk lyeth, as His Majesties Declarati­on, signed with his Royal hand at White-hall, the 3. of January last, re­gistrate in the books of Assembly, this day at length beares. And suchlike wheras the Lords of Exchequer upon a Petition presented to them by the Commissioners of the Generall Assembly, and the Procurator and Agent for the Kirk representing two Prejudices; one, that gifts obtained from His Majestie of patronages of Kirks, at His Presentation were passing the Exchequer, without the qualification and provision of a List, wherewith His Majestie was pleased to restrict Himself; and the other, that some were seeking gifts of patronage of Bishop-Kirks, which are declared to be­long to Presbyteries, to be planted by two Acts of the late Parliament: The saids Lords have ordained that no signator, containing gifts of pa­tronages from His Majestie, shall passe hereafter, but with a speciall pro­vision that the same shall be lyable to the tenor of His Majesties said De­claration. Ordaining also the Procurator and Agent of the Kirk to be ad­vertised, and to have place to see all signators whatsoever, containing any patronage, to the effect they may represent the interest of the Kirk there­in; as the said Act of the date the 27. of June last, registrate also in the Books of Assembly, this day at length beares. Therefore, that the saids [Page 33]Kirks which now are, or which were at His Majesties presentation the said third day of January last, may be the better provided with able Mini­sters, when the samine shall vaik, The Assembly ordaines that hereafter every Presbyterie shall give up yearly a Roll of the ablest of their Expect­ants, to their Synods; and that the Synods select out of these Rolls such persons whom they in certain knowledge judge most fit for the Ministrie, and worthiest of the first place, With Power to the Synods to adde or alter these Rolls given by the Presbyteries, as they thinke reasonable: And that the Synods shall send the Rolls made by them in this manner, to the next Generall Assembly, who shall also examine the Rolls of the Synods, and adde or alter the same as shall be thought expedient. Which Roll made by the Generall Assembly, shall be sent to every Presbyterie, and that the Presbyterie, with consent of the most or best part of the Congre­gation, shall make a List of six persons willing to accept of the presentati­on out of that Roll of the Assembly, upon every occasion of vacation of any Kirk within their bounds, and shall send the famine, together with a blank presentation: The which (if His Majesty be Patron to the vacant Kirk) shall be sent by the said Procurator and Agent, to such as the Com­missioners of the Generall Assembly, or in their absence the Presbyteie of Edinburgh, shall direct and think at that time most able and willing to obtain the presentation, to be signed and filled up by His Majesties choise of one of the List. And if the vacant Kirk be of a Patronage disponed by His Majesty since the 3. of January, in that case either the Presbyteries themselves shall send a List of six persons in maner aforesaid, with a blank presentation to the Patron, to be filled up by his choise, and subscribed, or send the samine to the saids Officers of the Kirk, to be conveyed by them to the Patron of the vaiking Kirk, as the Presbyterie shall think most expedient. It is alwayes declared, that this order shall be without prejudice to the Presbyteries, with consent foresaid, to put actuall Mini­sters upon the said List of six persons, to be sent to the Patron of the said vaiking Kirks, if they please. And least that the nomination of Expectants by Presbyteries, Synods, or Assemblies, in their Rolls or Lists foresaid, be mis-interpreted, as though the Expectants nominated in these Rolls and Lists, were thereby holden and acknowledged to be qualified, which is not the intention of the Assembly, who rather think, that in respect of this Order, there should be a more exact tryall of Expectants then before: Therefore the Assembly ordaines, That no Expectants shall be put on the Rolls or Lists above-mentioned, but such as have been upon the publike exercise, at the least by the space of half a year, or longer, as the Presby­terie shall finde necessary. And suchlike ordaines, that hereafter none be admitted to the publike exercise, before they betrayed, according to the tryall appointed for Expectants, at their entrie to the Ministerie in the late Assembly at Glasgow, in the 24. Article of the Act of the 23. Session there­of: which tryall, the Assembly appoints to be taken of every Expectant, before his admission to the publike exercise. And suchlike ordaines, That the samine tryall shall be again taken immediatly before their admission to the Ministerie, together with their tryall mentioned in the advice of some Brethren deputed for penning the corruptions of the Ministery, approven [Page 34]in the said Act of the Generall Assembly at Glasgow. And because that Kirks of the patronages foresaids, will vaik before the Rolls and Lists be made up by the Presbyteries, Synods, and Generall Assemblies, in manner foresaid: Therefore in the interim the Assembly ordains the Commissio­ners of every Presbyterie here present, to give in a List of the ablest Expe­ctants within their bounds, the morn, to the Clerk of the Assembly, that the Assembly may out of these Rolls, make a List to be sent to every Pres­byterie: Out of which the Presbyteries shall make a List of six persons, with consent foresaid, and send the famine upon vacancie of any Church within their bounds, together with a presentation to His Majestie, or any other patron, in manner foresaid. And because the Procurator and Agent of the Kirk cannot get sufficient information to the Lords of Exchequer, anent the Right and Interest of the Kirk, and Presbyteries in Kirks, where­of gifts of patronages may be presented to the Exchequer: Therefore the Assembly ordaines for their better information hereanent, that every Presbyterie, with all diligence, use all meanes of exact tryall of the nature and qualitie of all Kirks within their bounds, as what Kirks belong to the Kings Majesties patronage, what to other Laick patronages, what Kirks of old were planted by Presbyteries, and what by Prelates, and Bishops, before the Assembly at Glasgow 1638. what hath been the way and time of the change of the planting and providing of the Kirks, if any have been changed or any other thing concerning the nature and qualitie of every Kirk within their bounds, and to send the same to the Procurator of the Kirk with all diligence.

Act anent Lists for the Kirks in the High-lands.

THe Assembly considering that in Argyle, and in other places of the Irish language, there will not be gotten six expectants able to speak that language, And therfore the Assembly is hopefull, that in these singular cases, His Majestie will be pleased for Kirks vacand in the High­lands, to accept of a List of so many expectants as can be had, able to speak the Irish language. And the Commissioners Grace promiseth to recommend it to His Majestie.

Act anent the joyning of the Presbyterie of Sky to the Synode of Argyle.

THe Generall Assembly having considered the whole proceed­ings of the Commissioners of the late Generall Assembly hol­den at Edinburgh, anent the reference made to them concerning the Presbyterie of Sky, together with the whole reasons pro & contra in the said matter, after mature deliberation have ratified and appro­ved, and by these presents ratifie and approve the Sentence of the saids Commissioners thereintill. And further ordains the said Presbytery of Sky, and all the Ministers and Elders thereof, to keep the meetings of the Pro­vincial Assembly of Argyle, where they shall happen to be appointed in all time coming, suchlike as any other Presbyterie within the bounds of the said Province of Argyle uses to do: And that the samine Presbyterie be in all time hereafter within the jurisdiction of the said Provincial Assembly, without any further question to be made thereanent.

Sess. VIII. 3. Aug. post meridiem. The Supplication of this Assembly to the KINGS MAjESTIE.

OUr hearts were filled with great joy and gladnesse at the hearing of Your Majesties Letter, which was read once and again in face of the Assembly, every line thereof al­most either expressing such affection to the reformed Re­ligion, and such royall care of us, as we could require from a Christian Prince; or requiring such necessary du­ties from us, as we are bound to performe as Ministers of the Gospel, and Christian Subjects: For which, as solemne thanks were given by the Moderator of the Assembly, so do we all with one voice in all humility, present unto Your Majestie the thankfulnesse of our hearts, with our ear­nest prayers to God for your Majesties prosperity, and the peace of Your Kingdoms, that Your Majestie may be indeed a nursing Father to all the Kirks of Christ in Your Majesties Dominions; and especially to the Kirk of Scotland, honoured with Your Birth and Baptisme: promising our most serious indeavours by doctrine and life, to advance the Gospel of Christ, [Page 37]and to keep the people in our charge in Unity and Peace, and in all loyalty and obedience to Your Majestie and Your Laws. Your Majesties com­mands to Your Commissioner, the Earle of Dumfermling, to receive from us our just and reasonable desires for what may further serve for the good of Religion here, the favours which we have received already, and Your Majesties desire and delight to do good, expressed in Your Letter, are as many encouragements to us, to take the boldnesse in all humility to present unto Your Majestie (beside the particulars recommended to Your Majesties Commissioner) one thing, which for the present is the chiefest of all Our desires, as serving most for the glory of Christ, for Your Majesties Honour and Comfort; and not onely for the good of Religion here, but for the true happinesse and peace of all Your Maje­sties Dominions; which is no new motion, but the prosecution of that same which was made by the Commissioners of this Your Majesties Kingdom in the late Treatie, and which Your Majestie, with advice of both Houses of Parliament, did approve in these words: To their desire concerning unitie in Religion and uniformitie of Church government, as a speciall meanes of conserving of Peace betwixt the two Kingdoms, upon the grounds and reasons contained in the Paper of the 10. of March, given in to the Treaty and Parliament of England: It is answered upon the 15 of June, That His Majestie, with advice of both Houses of Parliament, doth approve of the affection of His Subjects of Scotland, in their desire of having the con­formity of Church-government betwixt the two Nations, and as the Parliament hath already taken into consideration the reformation of Church government, so they will proceed therein in due time, as shall best conduce to the glory of God, the Peace of the Church, and of both Kingdoms, 11. of June 1641. In Our Answer to a Declaration sent by the now Commissioners of this King­dom from both Houses of Parliament, we have not onely pressed this point of unity in Religion and Uniformity of Church-government, as a meane of a firme and durable union betwixt the two Kingdomes, and without which former experiences put us out of hope long to enjoy the puritie of the Gospel with Peace, but also have rendred the reasons of our hopes and confidence, as from other considerations, so from Your Majesties late Letter to this Assembly, that Your Majestie in a happy con­junction with the Houses of Parliament, will be pleased to settle this bles­sed Reformation, with so earnestly desired a Peace in all Your Domini­ons. And therfore we Your Majesties most loving Subjects, in name of the whole Kirks of Scotland, represented by us, upon the knees of our hearts, do most humbly and earnestly beg, that Your Majesty in the deep of Your Royall Wisdom, and from Your affection to the true Religion, and the Peace of Your Kingdoms, may be moved to consider, that the God of Heaven and Earth is calling for this Reformation at Your hands, and that as you are his Vice-gerent, so You may be his prime Instrument in it. If it shall please the Lord (which is our desire and hope) that this bles­sed unitie in Religion and Uniformity in Government shall be brought about; Your Majesties Conscience, in performing of so great a dutie, shall be a well-spring of comfort to Your Self, Your memory shall be a sweet favour, and Your name renowned to all following generations. And [Page 38]if these unhappy commotions and divisions shall end in this peace and unity, then it shall appeare in the Providence of God, they were but the noyse of many waters, and the voyce of a great thunder before the voyce of harpers harping with their harps, which shall fill this whole Iland with melodie and mirth, and the name of it shall be, THE LORD IS THERE.

Act Sess. VIII. Aug. 3. 1642.

Overtures for transplantation of Ministers, & provision of Schools, ordained by the late Assembly at Edinburgh to be sent to Synods, and reported to this Assembly.

Act Sess XI. Edinb. Aug. 5. 1641.

I NO transportation would be granted hereafter without citation of parties having interest (viz. the Minister who is sought and his Parish) to hear what they can oppose, and the matter is to come first to both the Presbyteries (viz. that wherein the Mi­nister dwels, whose transportation is sought, and the other Presbyterie to which he is sought if the Kirks lye in several Presbyteries) and if the Pres­byteries agree not, then the matter is to be brought to the Synod, or Gene­rall Assembly (which of them shall first occure after such transportation is sought) and if the Synod (occurring first) agree not; or if there be ap­peale made from it, then the matter is to come to the Generall Assembly.

II A Minister may be transplanted from a particular Congregation (where he can onely doe good to a part) to such a place, where he may benefit the whole Kirk of Scotland, because, in reason the whole is to be preferred to a part, such as Edinburgh.

1. Because all the great Justice Courts sit there, as Councell, Session, Justice Generall, Exchequer, &c. and it concerns the whole Kirk, that these Fountains of Justice be kept clean, both in the point of Faith, and Manners.

2. Because there is great confluence to Edinburgh, from time to time, of many of the chief Members of the whole Kingdome, and it concerns the whole Kirk to have these well seasoned, who (apparantly) are to be the Instruments of keeping this Kirk and Kingdome in good temper.

That this may be the more easily done, the Assembly first recommends to Edinburgh, that some young men of excellent spirits may be (upon the charges of the said Town) trained up, at home or abroad, toward the Mi­nistery from time to time. Secondly we meane not, that all the places of the Ministerie of Edinburgh be filled with Ministers to be transported [Page 44]by Authority of this Act, but only till they be provided of one Minister (transplanted by the Authority of the Assembly) for every Kirk in Edin­burgh, and that the rest of the places be filled either according to the Ge­nerall Rules of transportation for the whole Kingdome, or by agreement with actuall Ministers, and their Parishes, with consent of the Presbyterie or Synod, to the which they belong.

III In the next roome, we finde, that it is a transporting of Ministers for publike good, that Colledges, (having the profession of Divinitie) be well provided of Professors.

Wherein the Colledge of Divinitie in S. Andrews is first to be served, without taking any Professors or Ministers out of Edinburgh, Glasgow, or Aberdene, and then the rest of the Colledges, would be provided for, as their necessity shall require: yet (in respect of the present scarcity) it were good for the Universities to send abroad for able and approved men, to be Professors of Divinitie, that our Ministers may be kept in their pastorall charge asmuch as may be.

Towns also wherein Colledges are, are very considerable in the matter of transportation.

IIII Also Congregations, where Noblemen have chief residence are to be regarded, whether planted or unplanted, and a care is to be had, that none be admitted Ministers where Popish Noblemen reside, but such as are able men (especially for controversies) by sight of the Presbyterie: and more­over it is necessary, that such Ministers as dwell where Popish Noblemen are, and are not able for controversies, that they be transported.

V They who desire the transportation of a Minister should be obliged to give reasons for their desire: Neither should any Presbyterie or Assembly, passe a sentence for transportation of any Minister, till they give reasons for the expediencie of the same, both to him and his Congregation, and to the Presbyterie whereof he is a member. If they acquiesce to the rea­sons given, it is so much the better: if they doe not acquiesce, yet the Pres­byterie, or Assembly, (by giving such reasons before the passing of their sentence) shall make it manifest, that what they doe is not pro arbitratu, vel imperio onely, but upon grounds of reason.

VI Because there is such scarcity of Ministers having the Irish tongue, neces­sity requires, that when they be found in the Low-lands, they be trans­ported to the High-lands: providing their condition be not made worse, but rather better by their transportation.

VII In the point of voluntary transportation, no Minister shall transact and agree with any Parish, to be transported thereto, without a full hearing of him, and his Parish, before the Presbyterie to which he belongs in his present charge, or superiour Kirk judicatories, if need shall be.

VIII The planting of vacant Kirks, is not to be tyed to any (either Ministers, or Expectants) within a Presbyterie: but a free election is to be, accord­ing to the order of our Kirk, and Lawes of our Kingdome.

IX The chief Burghs of the Kingdome are to be desired to traine up young men of excellent spirits for the Ministery, according to their power, as was recommended to Edinburgh: Which course will in time (God willing) prevent many transplantations.

Sess. XI. 5. Aug. 1642. Act anent contrary Oaths.

THe Generall Assembly finding the inconvenience of con­trary Oaths in trying of Adulteries, Fornications, and other faults and scandals, do therefore for eviting there­of, discharge Synods, Presbyteries and Sessions, to take Oath of both parties in all time hereafter, Recommend­ing to them in the mean time all other order and wayes of tryall used in such cases: And that there may be a common order and course kept in this Kirk of trying of publike scandals, The Assembly or­dains the Presbyteries to advise upon some common order hereintill, and to report their judgements to the next Assembly.

Sess. XI. 5. Aug. 1642. Act against Petitions, Declarations, & such like in name of Ministers, without their knowledge and consents.

THe Generall Assembly being informed, that after the Petition presented to the Lords of His Majesties Privie Councell by the Noblemen Burgesses, and Ministers, occasionally met at Edinburgh the 31. day of May last by past, had received a very gracious Answer, There was another Petition given in to their Lordships upon the [...] day of June last, entituled, The Petition of the Nobili­tie, Gentrie, Burrows, Ministers, and Commons: which as it was not accompanied with any one Minister to the Lords of Privie Councell, so all the Ministers of this Assembly, disclaimes and disavow [...] any know­ledge thereof, or accession thereto. And the Assembly conceiving that the Kings Majestie Himself, and all the Courts and Judicatories of this Kingdome may be deluded and abused, and the Kirk in Generall, and Mi­nisters in particular injured and prejudged by the like practises hereafter, Do therefore prohibite and discharge all and every one to pretend or use the name of Ministers to any Petition, Declaration, or such like at any time hereafter, without their knowledge, consent and assistance: And if any shall doe the contrary, ordaines Presbyteries and Provinciall Assemblies to proceed against them with the highest censures of the Kirk.

Sess. XI. 5. Aug. 1642. Act anent the Assemblies desires to the Lords of Counsell, and Conservators of Peace.

THe Assembly being most desirous to use all, and to omit no lawfull meane or occasion to testifie their zeale by dealing with God and man, for furtherance of their desires of Unity in Reli­gion and uniformity of Kirk-government, And considering the great necessity, that the Kirk and State contribute jointly their best endea­vours to this happy end: Therefore enjoynes the Moderator, and the Commissioners from the Assembly, to supplicate with all earnestnesse and respect, the Lords of his Majesties Honourable Privie Councell, and like­wise the Commissioners appointed by His Majestie, and the Parliament, for conservation of the Peace, that they may be pleased to concur with the Kirk in the like desires to His Majesty and the Parliament of England, and in the like directions to the Commissioners of this Kingdome, at London for the time, that by all possible means, Civill, and Ecclesiastick, this blessed Worke may be advanced, and a happy settling betwixt His Maje­stie and His Parliament, may be endeavoured, and the common Peace betwixt the Kingdomes continued and strengthened.

Act for the Lord Maitlands presenting the Assemblies Supplication to His Majestie, and for going to the Commissioners at London, with the Answer to the Parliament of Englands Declaration.

THe General Assembly considering the necessity of sending some person of good worth and quality for to present their humble Supplication to His Majestie, and to deliver their directions to the Commissioners of this Kingdom, now at London, with their Declaration to the Parliament of England, and Answer to some wel-affe­cted Ministers of that Kirk: And having certain knowledge of the worth, ability, and faithfulnesse of John Lord Maitland, one of their number, who being witnesse to all their intentions and proceedings, can best relate their true loyaltie and respect to their Soveraign, and brotherly affection to the Kirk and Kingdom of England therein; Therefore do unanimously require his Lordships pains, by repairing to Court and to London for the premisses, which hereby they commit to his diligence and fidelity, willing his Lord­ship to make account of his proceedings herein to their Commissioners appointed to sit at Edinburgh.

Sess. XII. 5. Aug. post meridiem. Commission for publike affairs of this Kirk, and for pro­secuting the desires of this Assembly to His Majestie and the Parliament of England.

THe Generall Assembly considering the laudable custome of this Kirk for to appoint some Commissioners in the interim betwixt Assemblies, for presenting of Overtures and prosecu­ting the other desires of the Kirk to His Majestie, the Lords of His Councell, and the Estates of Parliament; And taking to their con­sideration the present condition of the Kirk of England, with the Declara­tion thereof sent down from the Parliament, and some reverend Brethren of the Ministery there, with their own Answer to the Parliament and Mi­nistery, and their humble Supplication to His Majestie for Unity of Reli­gion and Uniformity of Kirk-government. And withall remembring their desires to the Honourable Lords of His Majesties secret Councell, and to the Commissioners appointed by the King and Parliament, for conserva­tion of the common Peace, That they would joyn their concourse in their desires to His Majestie and Parliament, and directions to the Commissio­ners of this Kingdom at London for the time. And likewise considering their good hopes from Gods gracious favour to this Island, that by his good providence he will in his own way and time settle this great Work through this whole Ile; And that it is both our earnest desire and Christian duty to use all lawfull means and Ecclesiastick wayes for furtherance of so [Page 53]great a Work, continuance of the common peace betwixt these nations, and keeping a brotherly correspondence betwixt these Kirks. Therfore the Assembly thinks it necessary before their dissolving, to appoint, & by these presents do nominate and appoint, Masters, Andrew Ramsay, Alex. Hender­son, Robert Dowglas, William Colvill, William Bennet Ministers at Edinburgh, M. William Arthur Minister at S. Cuthbert, M. James Robertson, John Logan, Robert Lighton, Commissioners from Dalkeith to this Assembly: Masters, Andrew Blackhall, James Fleeming, Robert Ker, Commissioners from Ha­dingtoun to this Assembly: Masters, George Hamilton, Robert Blair, Arthur Mortoun, David Dalgleish, Andrew Bennet, Walter Greg, John Moncreff, John Smith, George Gillespie, John Row, John Duncan, Walter Bruce, Com­missioners for the Presbyteries within the Province of Fyffe: M. David Calderwood Minister at Pencaitland, M. John Adamson Principal of the Col­ledge of Edinburgh, M. John Strang Principal of the Colledge of Glasgow, M. David Dickson, M. James Bonar, M. Robert Bailie, M. John Bell, M. Robert Ramsay, M. George Young, M. Henry Guthrie, M. Samuel Oustein, M. John Ro­bertson Minister at S. Johnstoun, M. John Robertson Minister at Dundie, M. John Hume Minister at Eckills, M. Andrew Cant, M. William Guild, M. Samuel Rutherfurd, M. James Martin, M. Alexander Monroe, M. Robert Murray, M. John Maclellan, Andrew Doncanson, M. Silvester Lambie, M. Gilbert Ross, Ministers: Marquesse of Argyle, Earles of Lauderdaile, Glencarne, Kinghorne, Eglintoun, Weemes, Cassils: Lords, Gordoun, Maitland, Bal­carras, Sir Patrick Hepburne of Wauchtoun, Sir David Home of Wedderburne, Sir David Creightoun of Lugtoun, Sir David Barclay of Cullearnie, John Henderson of Fordell. M. George Winrame of Libertoun, Sir Robert Drummond, Sir William Carmichaell, John Binnie, Thomas Paterson, John Sempill, John Kennedy of Air, John Leslie from Aberdene, William Glendining Provest of Kirkubright, John Colzear, Ruling Elders, with the concurse of the Pro­curator of the Kirk: And grants to them full Power and Commission in this interim, betwixt and the next Assembly, for to meet and conveen at Edinburgh upon the 17. day of this moneth of August, and upon any other day, or in any other place, as they shall think convenient: And being met and conveened, or any fifteen of them, there being alwayes twelve Ministers present: With full power for to consider and performe what they finde necessary for the Ministerie, by preaching, supplicating, pre­pairing of draughts of one Confession, one Catechisme, one directory of publike Worship (which are alwayes to be revised by the next Generall Assembly) and by all other lawfull & Ecclesiastick wayes, for furtherance of this great Work in the Union of this Iland in Religion and Kirk-go­vernment, and for continuance of our own peace at home, and of the com­mon peace betwixt the Nations, and keeping of good correspondence be­twixt the Kirks of this Iland. Like as if it shall please God to blesse the prayers and endeavours of his Saints for this blessed Union, and that if either the Lords of Councell, or Commissioners for the Peace shall re­quire their concurse at home or abroad, by sending Commissioners with theirs to His Majesty and Parliament for that effect, or that they them­selves shall finde it necessary; The Assembly grants full power to them, not only to concurre by all lawfull and Ecclesiastick wayes, with the Councell [Page 54]and Conservators of the Peace at home, but also to send some to present and prosecute their desires and humble advice to His Majesty and the Par­liament, and the Ministerie there, for the furthering and perfecting o [...] so good and great a Worke. Like as, with power to them to promove their other desires, overtures and recommendations of this Assembly, to the Kings Majestie, Lords of Councell, Session, Exchequer, and Commissio­ners of Parliament, for plantation of Kirks, for common burdens, or con­servation of the common peace, and to the Parliament of this King­dom, in case it fall out pro re nata before the next Assembly. And such like, with as full power to them to proceed, treat and determine in any other matters to be committed to them by this Assembly, as if the famine were herein particularly insert, and with as ample power to proceede in the matters particularly or generally above-mentioned, as any Commis­sioners of Generall Assemblies have had, and have been in use of before: They being alwayes comptable to, and censurable by the next Generall Assembly, for their proceedings thereanent.

Sess. XIII. 6. Aug. 1642. Act against slandering of Ministers.

THe Generall Assembly considering the malice of divers per­sons in raising calumnies and scandalls against Ministers, which is not onely injurious to their persons, and discredita­ble to the holy calling of the Ministerie, but doth also prove often a great prejudice and hinderance to the promoving of the Gospel: Doe therefore ordain Presbyteries and Synods to proceed diligently in processe against all persons, that shall reproach or scandall Ministers, with the censures of the Kirk, even to the highest, according as they shall finde the degree or quality of the scandal deserve.

Act anent ordering of the Assembly House.

THe Assembly for better order in time coming ordains the Act of the Assembly at Aberdene for ordering the House of the Assembly to be kept hereafter punctually. And for that effect, that the sa­mine be reade the first Session of every Assembly.

Act for remembring in publike Prayers the desires of the Assembly to the King and Parliament, and indiction of a publike Fast.

THe Generall Assembly being desirous to promove the great work of Unity in Religion, and Uniformity in Church-government, in all thir three Dominions, for which the Assembly hath humbly supplicate the Kings Majestie, and remonstrate their desires to the Parliament of England, lest they should be wanting in any meane that may further so glorious and so good a Work: Doe ordain, that not only the said Declaration to the Parliament, and supplication to the Kings Majestie, shall be accompanied with the earnest Petitions and prayers of the whole Brethren in private and publike, for the Lords blessing there­unto, according to the laudable custome of our predecessors, who in the year of God 1589. ordaines that the Brethren in their private and publike prayers, recommend unto God the estate of the afflicted Church of Eng­land: But having just cause of fear, that the iniquities of the Land, which so much abound, may marre this so great a Work, doe also ordain a so­lemne Fast to be kept on the second Lords day of September, and the Wednesday following throughout the whole Kingdome for the causes after specified.

I Grosse ignorance and all sort of wickednesse among the greater part, security, meer formality and unfruitfulnesse among the best, and unthank­fulnesse in all.

II The sword raging throughout all Christendome, but most barbarously in Ireland, and dayly more and more threatned in England, through the lamentable division betwixt the King and the Parliament there, tending to the subversion of Religion and Peace in all the three Kingdomes.

III That God may graciously blesse the supplication of the Assembly to the Kings Majesty, and their motion to the Parliament of England, for Uni­tie in Religion, and Uniformity of Kirk-government, and all other meanes which may serve for the promoving of so great a Worke, and ad­vancement of the Kingdome of Christ every where.

IIII That God may powerfully overturne all wicked plots and designes of Antichrist and his followers, and all divisive motions against the course of Reformation, and the so much longed for Union of the King and Parlia­ment.

V That God may blesse the harvest.