August 5. 1648.Antemeridiem,Sess. 30.Explanation of the fifth Article of the Overtures concerning Appeals past in the Assembly, 1643.The Generall Assembly for clearing the sense of the fifth Article of the Overtures concerning Appeals in the Assembly,1643. Sess. 2Declare, that if Appellations,Post latam sententiambe not presented to the Judicatory when the sentence is pronounced: The party shall then immediately after the sentence protest for liberty of Appeal, as he shall see cause; And accordingly within ten dayes shall give in his Appeal in writ under his hand, either to the Judicatory or the Moderator thereof, otherwise the Appeal is not to be respected.Eodem die 1648. Antemeridiem,Sess. 30.Act discharging deposed or suspended Ministers from any exercise of the Ministery, or medling with the stipend.The Generall Assembly considering that according to the ancient practise and order of this Kirk, the Censure of Suspension and Deposition of Ministers is bothab officioandâ beuoficio, as is also acknowledged by the 20. Act of the Parliament,Anno 1644.And that the continuance of suspended or deposed Ministers in the exercise of the Ministery or in the possession of their stipend hath been & ought to be accompted and censured as a great contempt of the Authority and Censures of the Kirk, Considering[pg 420]also that the continuance of deposed Ministers in the possession of the stipend, is a great prejudice and obstruction to the planting of the vaiking Kirk, and to the service of God there. Therefore do declare and Ordain, That whosoever after the sentence of Deposition pronounced against them, Do either exercise any part of the Ministeriall calling in the places they formerly served in; or elsewhere, or do possesse, meddle, or intromet with the stipend or other benefits whatsoever belonging to these Kirks they served at, They shall be proceeded against with Excommunication; And if any suspended Minister during his suspension, either exercise any part of the Ministeriall Calling, or intromet with the Stipend, That he be Deposed, And after deposition, continuing in either of these faults, That he be processed with Excommunication; But prejudice always to them of their stipend resting for by-gone service and of any recompence due for building or repairing of the Manse according to the ordinary practise. And the Assembly recommends to Presbyteries seriously to be carefull of the putting of this Act in execution.August 7. 1648.Antemeridiem.Sess 31.The Assemblies Declaration of the falsehood and forgerie of a lying scandalous Pamphlet put forth under the name of their Reverend Brother MastrAlexander Hendersonafter hes death.The Generall Assembly of this Kirk having seen a Printed Paper, Intituled,The Declaration ofMr. Alexander Hendersonprincipall Minister of the Word of GOD atEdinburghand chief Commissioner from the Kirk ofScotlandto the Parliament and Synod ofEnglandmade upon his death-bed.And taking into their serious consideration how many grosse lies and impudent calumnies are therein contained; Out of the tender respect which they do bear to his name (which ought to be very precious to them and all posterity, for his faithfull[pg 421]service in the great Work of Reformation in these Kingdoms, wherein the Lord was pleased to make him eminently instrumentall) and lest through the malice of some, and ignorance of others the said Pamphlet should gain belief among the weaker sort, They have thought fit to make known and declare concerning the same as followeth.That after due search and tryall they do finde that their worthy brother MasterAlexander Hendersondid from the time of his coming fromLondontoNewcastletil the last moment of his departure out of this life upon all occasions manifest the constancy of his judgement touching the Work of Reformation in these Kingdoms; Namely, in all his discourses and conferences with his Majesty, and with his Brethren who were employed with him in the same Trust atNewcastle, In his Letters to the Commissioners atLondon, and particularly in his last discourse to his Majestie at his departing fromNewcastle, being very weak and greatly decayed in his Naturall strength. When he was come fromNewcastleby sea to this Kingdom, he was in such a weak worn and failed condition, as it was evident to all who saw him, that he was not able to frame any such Declaration, for he was so spent that he died within eight dayes after his arrivall; And all that he was able to speak in that time did clearly shew his judgement of, and affection to the Work of Reformation and Cause of God to be every way the same then, that it was in the beginning and progresse thereof, as divers Reverend Brethren who visited him have declared to this Assembly, and particularly two Brethren, who constantly attended him from the time he came home till his breath expired. A further testimony may be brought from a short Confession of Faith under his hand found amongst his Papers, which is expressed as his last Words, wherein among other mercies he declareth himselfmost of all obliged to the grace and goodnesse of God for calling him to believe the Promises of the Gospel, and for exalting him to be a Preacher of them to others, and to be a willing though weak instrument in this great and wonderful work of Reformation, which he earnestly beseecheth the Lord to bring to a happy conclusion.Other reasons may be added from the levity of the stile and manifest absurdities contained in[pg 422]that Paper. Upon confederation of all which this Assembly doth condemn the said Pamphlet as forged, scandalous, and false, And further Declare the author and contriver of the same void of charity and a good conscience, and a grosse lyar and calumniator led by the Spirit of the accuser of the Brethren.Act for taking the Covenant at the first receiving of the Sacrament of the Lords Supper, & for the receiving of it also by all Students at their first entry to Colledges.The Generall Assembly according to former recommendations, Doth Ordain that all young Students take the Covenant at their first entry to Colledges; And that hereafter all Persons whatsoever take the Covenant at their first receiving the Sacrament of the Lords Supper: Requiring hereby Provinciall Assemblies, Presbyteries and Universities to be carefull that this Act be observed, and accompt thereof taken in the visitation of and particular Kirks, and in the tryall of Presbyteries.Eodem die Postmeridiem,Sess. 32.Act concerning Presbyteries maintaining ofBursars.The Generall Assembly Understanding that the frequent Recommendation of preceding Assemblies for maintaining Bursars, is by many Presbyteries neglected, Do therefore Ordain Synods to crave accompt thereof from Presbyteries at every Provinciall meeting, Which with the Presbyteries answer, shall be put upon record, That so the part both of Presbyteries and Synods and their negligance[pg 423]or diligence in so pious a work may be known by the examination of the Provinciall books to each Generall Assembly.August 9. 1648.AntemeridiemSess. 25.Act for dis-joyning the Presbyteries ofZetland,from the Provinciall Synod ofOrkneyandCathnes.The Generall Assembly now after exact tryall, finding that the Presbytery ofZetlandcannot meet with the Provinciall ofCathnesandOrknayto which it was adjoyned by an Act of the Assembly 1646. Sess. 11. And that the allowance and dispensation granted in the preceding Assembly for the halfe of their number to keep the meetings of the said Provinciall cannot be observed in respect of the great distance of that Isle by sea from the land, and the dangerousness of the seas there, and of the passage through them, Therefore after hearing the parties interested and serious deliberation of the matter, The Assembly doth hereby Dis-joyn the Presbytery ofZetlandfrom the Provinciall ofCathnesandOrknay, And declares for these reasons, That the said Presbytery is to be hereafter subordinate immediately to the Generall Assembly, For which cause, their Commissioners are to be sent to each Generall Assembly the more carefully, And it is hereby recommended to them that they send to the next Assembly a particular information of the quality and condition of all their Kirks according to the direction of the act of the preceding Assembly Sess. 27. Entituled an act for pressing and furthering the planting of Kirks.[pg 424]Aug. 10. 1648.Postmeridiem,Sess. 38.Overtures for the Remedies of the grievous and common Sins of the Land in this present time.The Sins of the Land and the Causes and occasions thereof being considered, The following Remedies of these Sins were propounded.Civill Remedies.For the present, untill the Overtures prepared to be presented to the Parliament, It is to be Recommended to every Congregation to make use of the 9. Act of the Parliament 1645. atPerth,for having Magistrates and Justices in every Congregation, and of the 8. Act of the said Parliament against Swearing, Drinking and mocking of Piety, and all other Acts of Parliament for restraining or punishing of Vice; particularly for the better restraining of the sin of Whoredom that each Magistrate in every Congregation exact and make compt to the Session of fourty Pounds for each Fornicatour and Fornicatrix, of an hundred Merks for each one of their relapse in Fornication, of an hundreth Pounds for each Adulterer and Adulteress according to express Acts of Parliament which is to be exacted of these who may pay it, and the discretion of the Magistrate is to modifie it according to the ability or inability of each Delinquent.Domestick Remedies.1. Let care be taken of concionable receiving of Servants, that they have testimonials of their honest behaviour: And let all such as give testimonials take heed that these to whom they give them, be free of scolding, swearing, lying and such like more common sins, as well as fornication, adultery, drunkenesse, and other grosse and hainous evils; Let the ordinary time of giving Testimonials be in face of Session: And if an extraordinary exigent be: Let it be given by the Minister with[pg 425]consent of the elder of the bounds, wherein the person craving the Testimonial hath resided; If they have fallen or relapsed in scandalous sins, let their Testimonial bear both their fall and Repentance.2. Let care be had that the Worship of God be practised, and Discipline exercised in Families, according to the Directory for Family Worship in all things as was appointed in the General Assembly 1647. especially in the Ministers constant Catechizing of the Family, and in the performance of the Duties of the Sabbath by all the Members thereof.3. Let Persons to be married, and who have Children to be baptized, who are very rude and ignorant, be stirred up and exhorted, as at all times, so especially at that time, to attain some measure of Christian knowledge in the grounds of Religion, that they may give to the Minister, before the Elder of the Bounds wherein they live, some accompt of their knowledge that so they may the better teach their family and train up their Children.4. Let every Family that hath any in it than can read, have a Bible and a Psalm-book, and make use of them; and where none can read, let them be stirred up to traine up their children in reading, and use any other good remedie the Minister and Session can fall on.General Ecclesiastick Remedies.1. Let the Remedies which were given at Perth 1645. and are mentioned in the General Assembly 1646. anent the Sins of Ministers be put in execution.2. Let suspension from the Lords Sacrament be more carefully executed.3. Let Persons relapse in Adultery (or above) quadrilapse in fornication (or above) or often guilty of other grosser scandals, be Excommunicat somewhat more summarly nor in an ordinary processe (except there be more nor ordinary signes, and an eminent measure of Repentance made known to the Session and Presbyterie) both for the hainousness of the sins and continuance therein, and also for terrour to others; And these not to be relaxed from the sentence of Excommunication without evidence, and undeniable signes of Repentance.[pg 426]4. Let unpartial proceeding be used against men of all quality, for their scandalous walking, and in particular for drunkenesse, swearing, and other scandalous sins. And this to be tryed at the Visitation of Kirk.Particular Ecclesiastick Remedies.And 1. against ignorance.1. Let Ministers Catechise one day every week (whereon also they may Baptise and Lecture or Preach) and let them preach every Lords Day both before and after noon, according to former Acts of General Assemblies, Let Presbyteries and Synods be very careful of this; And let every Provincial Book, contain an exact accompt thereof.2. Let Ministers examine all of every quality of whose knowledge they have no certain notice.3. Let young Persons be Catechized by the Minister from the time they are capable of instruction, and let them not be delayed till they be of age to Communicat.4. Let Persons grossly ignorant be debarred from the Communion; for the first and second time, let them be debarred, suppressing their names; for the third time, expressing their names; for the fourth time, bring them to publick repentance; all this is to be understood of those that profit nothing, and labours not for knowledge: But if they be profiting in any measure, or labouring that they may profit, their case is very considerable, they ought to have more forbearance.2. Ecclesiastick Remedies against Prophanesse.1. Let ignorant and scandalous Persons be put off, and kept off Kirk Sessions.2. Let every Elder have a certain bounds assigned to him that he may visit the same every moneth at least, and report to the Session what scandals and abuses are therein, or what persons have entered without Testimonials.3. Let all scandalous persons be suspended from the Lords Supper.4. Let the Minister deal in private with them that are professing publick Repentance before the Elder of the bounds, thus to try the evidence of their Repentance.[pg 427]5. Let these who have fallen in Fornication make publick profession of Repentance three several Sabbaths, who is guilty of relapse in Fornication six Sabbaths, who is guilty of relapse in Fornication, or hath once fallen in Adultery, 26. Sabbaths, and these sins to be confessed both in oneviz.in Sackcloth, Quadrilapse in Fornication and relapse in Adultery, three quarters of a Year, Incest or Murder a Year, or 52. Sabbaths, in case the Magistrate do not his duty in punishing such crimes capitally; They that fall in Fornication or relapses therein, are first to confesse their Sin before the Session, and thereafter before the Congregation; They that are guilty of greater degrees of that Sin and of the other Sins mentioned in this Article, are to confess their Sin both before the Session & Presbyterie, and there to shew some signes of Repentance before they be brought to the Congregation.6. Some are to be rebuked at the time of Catechising, who deserve more nor a privase reproof, and yet needs not to be brought to publick Repentance.7. It will be a good remedie against Sabbath-breaking by Carriers and Travellers, That the Ministers where they dwell cause them to bring Testimonials from the place where they rested on these Lords dayes wherein they were from home.8. Let all Persons who flit from one Paroch to another have sufficient Testimonials, This is to be extended to all Gentlemen and Persons of quality and all their followers, who come to reside with their Families atEdinburgh,or elswhere, and let the Minister from whom they flit, advertise the Minister to whom they flit, if (to his knowledge) they be lying under any scandal.9. Let Ministers be free with Persons of quality for amendment of their faults, and (if need shall be) let them take help thereto of some of the Brethren of the Presbyterie.10. Let the Presbyteries take special notice of Ministers who do converse frequently and familiarly with Malignants, and with scandalous and prophane Persons, especially such as belongs to other Paroches.11. Let privie Censures of Presbyteries and Synods be performed with more Accuracie, Diligence and Zeal.12. For better keeping of the Sabbath, let every Elder take notice of such as are within his bounds, how they keep the[pg 428]Kirk, how the time is spent before, betwixt, and after the time of publick Worship.13. Let no Minister resort to any Excommunicate person without licence from the Presbyterienisi in extremis,and let Ministers take special notice of such persons as haunt with Excommunicants, and processe them.14. Frequent correspondence betwixt presbyteries is a good remedie.15. At the visitation of each Congregation, let the Session Book be well visited, and for that effect, let it be delivered to two or three Brethren seven or eight dayes before the visitation, that their report of it may be in readinesse against the Day of Visitation.The Assembly allows of all these Overtures and Remedies of the Sins of the Land; And Ordains all of them to be carefully and conscionably put in practise.Act for examining the Paraphrase of the Psalms and other Scripturall Songs.The Generall Assembly AppointsRouseParaphrase of the Psalms, with the corrections thereof now given in by the persons appointed by the last Assembly for that purpose, to be sent to Presbyteries, That they may carefully revise and examine the same, and thereafter send them with their corrections to the Commission of this Assembly to be appointed for publick affairs, Who are to have a care to cause reexamine the Animadversions of Presbyteries, and prepare a report to the next Generall Assembly; Intimating hereby, That if Presbyteries be negligent hereof the next General Assembly is to go on & take the same Paraphrase to their consideration without more delay: And the Assembly Recommends to MasterJohn Adamsonand Mr.Thomas Crafurdto revise the Labours of Mr.Zachary Boydupon the other Scripturall Songs, and to prepare a report thereof to the said Commission for publick affairs, That after their[pg 429]examination, the same may be also reported to the next Generall Assembly.Overtures concerning Papists, their children, and Excommunicate Persons.The Generall Assembly considering the manifold inconveniences that follow upon the sending of the children of Noblemen and others of quality to Forraign Countries wherein Popery is professed, especially that thereby such children are in perill to be corrupted with Popery, and so corrupt these Families and Persons to which they belong, whereby that wicked root of damnable Idolatry, Errour and Heresie may again be occasioned to spring up and trouble many, and provoke the most High GOD to wrath, and to cause his Majestie leave this Land to strong delusions to believe lies; Therefore They Do in the name of GOD, Charge and Require all the Presbyteries of this Kingdom to observe and practice the Rules and Directions which are made in former Generall Assemblies for preventing of the said fearfull inconveniences, and namely the Overtures against Papists, non-Communicants, and Profaners of the Sabbath approven in the Generall Assembly held at St.Andrewsin the year of God, 1642. and the Act anent children sent without the Kingdom made in the Generall Assembly atEdinburgh, Anno 1646.And that they use all diligence for putting in execution the Acts of Parliament and secret Councell made against Papists & Excommunicate Persons; And that they register their diligences thereanent in their Presbyterie Booke which are summarily to be recorded in the Synod Books from time to time, That the Generall Assembly may see how these laudable Acts are put in execution, which here are presented with some necessary additions in one view.1. That every Presbyterie give a List of all Excommunicate Papists they know to be within their bounds to the[pg 430]Commissioners of the Generall Assembly, and of all Papists; yea of them also who professe to have renounced Popery, but yet have their children educated abroad, with the names of these children that are abroad, according to the fifth Overture of the Generall Assembly, 1642.2. That every Presbyterie conveen at their first meeting all known Papists within their bounds, and such as having professed to renounce Popery have their children abroad, and cause them finde sufficient caution for bringing home within three moneths such of their children as are without the Kingdom; to be educated in Schools and Colledges at the Presbyteries sight if they be Minors; and to be wrought upon by gracious conference, & other means of instruction to be reclaimed from Popery if they be come to perfect age.3. The Parents, Tutors or Frinds of Children and Minors shall, before they send them without the Kingdom, first acquaint the Presbyterie where they reside, that they may have their Testimoniall directed to the Presbyterie or Classe within the Kingdom or Dominion beyond Seas whither they intend to send their Children; And at the time of these Childrens return, that they report a Testimoniall from the Presbyterie or Synod where they lived without the Kingdom, to the Presbyterie who gave them a Testimonial at their going away, according to the Act anent Children sent without the KingdomAnno 1646.4. That all Presbyteries give the names of such Pædagogs as were abroad with the children of Noblemen within there bounds, and diligently enquire whether these Pædagogs do continue stedfast in the true Religion, and continue in their service, or whither these Pædagogs do either become corrupt in Religion, or (continuing constant) are removed from their charge and by whom they are removed, and that they signifie these things to the Generall Assembly from time to time or their Commissioners, That they may represent the same to the High Court of Parliament, Lords of secret Counsell or Committe of Estates, for such remedie as shall seem expedient to their Honours, for preventing of and purging the land from the plague of Idolatrie.[pg 431]5. That such Parents, Tutors or Friends as either send away Children to forraign parts infected with Idolatry without such Testimonialls as aforesaid, or do not recall them who are already abroad within such time as is above prefixed, or do remove from them their Protestant Pædagogs (that they may the more easily be infected with Popery) be processed and in case of not amending these things, be Excommunicated.6. That the names of such as are Excommunicated for these or any other causes, be sent in to the Generall Assembly from year to year, that (from thence) their names may be notified in all the Kingdom, and that the Acts of Parliament and secret Counsell may be put to execution against them, and all diligence used for that effect; and that by the effectuall dealing of the Generall Assembly, with the Parliament, Lords of secret Counsell, or Committee of Estates, their Lordships may Enact such further, just and severe civill Punishment on such Excommunicants for Terror to others, as shall be found necessary for purging this Covenanted Land from all Abominations.Because persons addicted to Idolatry will use all means for their own hardening in their Superstitious and Idolatrous way, even within the Countrey; Therefore all known Papists, or persons suspect of Poperie upon probable grounds are to finde Caution before their Presbyteries, for their abstinence from Masse, and from the Company of all Jesuits, and Priests according to the second Overture against Papists, madeAnno 1642.Also Presbyteries are to presse them to finde such Caution; And to observe what persons put their Sons or Daughters to such Families as are tainted with Popery within the Land, the same being a speciall mean to corrupt them with Idolatry, And to cause such Parents recall their Children, or else proceed with the Censures of the Kirk against them.All which Overtures, Presbyteries are seriously required and Ordained to observe diligently with Certification, That they shall be severely censured, If they shall be found remisse or negligent in any of these points, which are so[pg 432]necessary for keeping of the Lords House and People unpoluted with Error, Idolatry, or Superstition.Aug. 11. 1648Antemeridiem,Sess. 39.Act for prosecuting the Treaty for the Uniformity in Religion in the Kingdom of England.The Generall Assembly, Taking to their consideration that the Treaty of Uniformity in Religion in all His Majesties Dominions is not yet perfected; Therefore, Renews the power and Commission granted by preceeding Assemblies for prosecuting that Treaty unto these Persons after-namedviz.MrRobert Douglas, MrSamuel Rutherford, MrRobert Baillie, MrGeorge Gillespie, Ministers. AndJohn Earle ofCassils,John Lord Balmerinoch, and Sir.Arch. Johnston of WaristonElders; Authorizing them with full power to prosecute the said Treaty of Uniformity with the Honourable Houses of the Parliament ofEngland, and the Reverend Assembly of Divines there, or any Committees Appointed by them: And to do all and every thing which may advance, perfect, and bring that Treaty to an happie conclusion, conform to the Commissions given thereanent.Act Renewing the Commission for the publick Affairs of this Kirk.The Generall Assembly Taking to their consideration, that in respect the great work of Uniformity in Religion in all his Majesties Dominions is not yet perfected (though by the Lords blessing there is a good progress made in the same) There is a necessity of renewing the Commissions granted formerly for prosecuting and perfecting that great Work; Do therefore Renew the Power and Commission granted for the Publick Affairs of the Kirk by the Generall Assemblies held at SaintAndrews, 1642. and[pg 433]atEdinburgh1643. 1644. 1645. 1646. and 1647. unto the persons followingvizMasters,John Lawder, Andrew Wood, David Calderwood, Robert Ker, John Mackghie, John Knox, John Sinclar, John Adamson, Robert Dowglas, George Gillespie, James Hamiltoun, Mungo Law, John Smith, Robert Lawrie, George Lesly, John Weir, Robert Eliot, Alexander Dickson, Patrick Fleeming, Thomas Vassie, Ephraim Melvil, Hew Kennedie, Kenneth Logie, Alexander Levistoun, George Bennet, David Weems, William Row, Robert Young, William Menzies, John Friebaine, John Givan, Harie Guthrie, Andrew Rind, David Auchterlony, Samuel Ousteen, Thomas Henderson, Charles Archibald, Andrew Lawder, John Leviston, John Macklellan, Alexander Turnbull, William Fullerton, George Hutcheson, John Genell, Patrick Colvill, James Ferguson, Hew Peebles, John Hamiltoun, Alexander Dunlope, David Elphiston, David Dickson, Robert Baillie, Robert Ramsay, Patrick Gillespie, Patrick Sharpe, James Nasunth, John Home, Evan Camron, Robert Blair, Samuel Rutherfurd, David Forret, Robert Traill, Andrew Bennett, Walter Greg, John Macgill younger, John Moncreiff, Fredrick Carmichael, John Chalmers, John Duncan, Andrew Donaldson, Will Oliphant, George Simmer, Andrew Affleck, Arthur Granger, David Strachen, Andrew Cant, John Rex, John Paterson, Alexander Cant, John Young, John Seaton, David Lindsayat Bethelvie,Nothaniel Martine, John Annand, William Falconer, Joseph Brodie, Alexander Summer, William Chalmer, Gilbert Anderson, David Rosse, George Gray, Robert Knox, William Penman, James Guthrie, Thomas Donaldson, William Jameson, Thomas Wilkie, James Ker, John Knox, Andrew DunkansonMinisters:ArchibaldMarques of Argyle,AlexanderEarle of Eglintoun,JohnEarle of Cassils.WilliamEarle of Lothian,ArchibaldLord Angus,WilliamLord Borthwick,JohnLord Torphichen,JohnLord Balmerino,RobertLord Burly,JamesLord Couper, Lord Kilcudbright,AlexanderLord Elcho, SirArchibald Johnstounof Wariston. SirJohn Hopeof Craighall,Arthur Erskinof Scotskraig, SirJohn Moncreiffof that Ilk,Boatonof Creigh, SirJohn Wauchhopeof Midrie, SirThomas Ruthvenof Frieland, SirGeorge Maxwellof Netherpollock, SirJames Fraserof Brae, SirJames Hackactof Pitfirn, Sir[pg 434]William Carmichaellyounger of that ilk,Walter Dundasyounger of that ilk,Thomas Craigof Ricarton, MrGeorge Winrainof Liberton, SirAlexander Ingilsof Ingilston,Alexander Brodieof that ilk,Forbesof Eight,Will. Moreof Glanderston,John Kerof Lochtour,Alex Pringillof Whitbanck,Walter Scotof Whitstyid,John Crafurdof Crafurdland, SirJohn Chislyof Carswell,Robert Monroeof Obsteall,Cornwallof Bonhard,George Dundasof Dudingston, SirJames Stewartof Kirkfield,Alexander Colvilof the Blair, MrAlex. Petrson, MrRobert Burnetyounger, MrThomas Murray, George Potterfield,MrJames Campbell, James Hamilton, Lawrence Henderson,MrRobert Barcclay, MrWilliam More, William GlendoningDoctor,Douglas, James Sword, Gideon Lack, MrDongall Campbell, John Besrall, John Brown, William Brown, Robert Brown, andWilliam Russel, Elders: Giving unto them full Power and Commission, to do all and every thing for preservation of the Established Doctrine, Discipline, Worship and Government of this Kirk, against all who shall endeavour to introduce any thing contrary thereunto, and for prosecuting, advancing, perfecting & bringing the said Work of Uniformity in Religion in all His Majesties Dominions to a happy conclusion, conform to the former Commissions granted by proceeding Assemblies thereanent, And to that effect Appoints them, or any seventeen of them, whereof thirteen shall be Ministers to meet here in this City to morrow the 12. of this Moneth, And thereafter upon the last Wednesday ofNovember, February, andMaynext, and upon any other day, and in any other place they shall think fit. Renewing also to the persons before named the power contained in the Act of the Assembly 1643. Intituled, AReference to the Commission anent the Persons designed to repair to the Kingdom of England.And further, incase Delinquents have no constant residence in any one Presbyterie, or if Presbyteries be negligent or overawed, in these cases, The Assembly gives to the persons before named, such power of censuring complyers and persons disaffected to the Covenant according to the Acts of the Assembly, declaring alwayes and providing, that Ministers shall not be deposed, but in one of the quarterly[pg 435]meetings of this Commission, And further Authorises them as formerly with full power to make Supplications, Remonstrances, Declarations & Warnings to Indict Fasts & Thanksgivings as there shall be cause to Protest against all encroachments upon the Liberties of the Kirk, and to censure all such as interupt this Commission or any other Church Judicatory, or the execution of their Censures or of any other Sentences or Acts, issuing from them, And with full power to them to treat and determine in the matters referred unto them by this Assembly, as fully and freely as if the same were here fully expressed, and with as ample power as any Commission of any former Generall Assemblies hath had or been in use of before: Declaring also that all opposers of the authority of this Commission in matters intrusted to them shall be holden as opposers of the authority of the Generall Assembly, And this Commission in their whole proceedings are comptable to, and censurable by the next General Assembly.
August 5. 1648.Antemeridiem,Sess. 30.Explanation of the fifth Article of the Overtures concerning Appeals past in the Assembly, 1643.The Generall Assembly for clearing the sense of the fifth Article of the Overtures concerning Appeals in the Assembly,1643. Sess. 2Declare, that if Appellations,Post latam sententiambe not presented to the Judicatory when the sentence is pronounced: The party shall then immediately after the sentence protest for liberty of Appeal, as he shall see cause; And accordingly within ten dayes shall give in his Appeal in writ under his hand, either to the Judicatory or the Moderator thereof, otherwise the Appeal is not to be respected.Eodem die 1648. Antemeridiem,Sess. 30.Act discharging deposed or suspended Ministers from any exercise of the Ministery, or medling with the stipend.The Generall Assembly considering that according to the ancient practise and order of this Kirk, the Censure of Suspension and Deposition of Ministers is bothab officioandâ beuoficio, as is also acknowledged by the 20. Act of the Parliament,Anno 1644.And that the continuance of suspended or deposed Ministers in the exercise of the Ministery or in the possession of their stipend hath been & ought to be accompted and censured as a great contempt of the Authority and Censures of the Kirk, Considering[pg 420]also that the continuance of deposed Ministers in the possession of the stipend, is a great prejudice and obstruction to the planting of the vaiking Kirk, and to the service of God there. Therefore do declare and Ordain, That whosoever after the sentence of Deposition pronounced against them, Do either exercise any part of the Ministeriall calling in the places they formerly served in; or elsewhere, or do possesse, meddle, or intromet with the stipend or other benefits whatsoever belonging to these Kirks they served at, They shall be proceeded against with Excommunication; And if any suspended Minister during his suspension, either exercise any part of the Ministeriall Calling, or intromet with the Stipend, That he be Deposed, And after deposition, continuing in either of these faults, That he be processed with Excommunication; But prejudice always to them of their stipend resting for by-gone service and of any recompence due for building or repairing of the Manse according to the ordinary practise. And the Assembly recommends to Presbyteries seriously to be carefull of the putting of this Act in execution.August 7. 1648.Antemeridiem.Sess 31.The Assemblies Declaration of the falsehood and forgerie of a lying scandalous Pamphlet put forth under the name of their Reverend Brother MastrAlexander Hendersonafter hes death.The Generall Assembly of this Kirk having seen a Printed Paper, Intituled,The Declaration ofMr. Alexander Hendersonprincipall Minister of the Word of GOD atEdinburghand chief Commissioner from the Kirk ofScotlandto the Parliament and Synod ofEnglandmade upon his death-bed.And taking into their serious consideration how many grosse lies and impudent calumnies are therein contained; Out of the tender respect which they do bear to his name (which ought to be very precious to them and all posterity, for his faithfull[pg 421]service in the great Work of Reformation in these Kingdoms, wherein the Lord was pleased to make him eminently instrumentall) and lest through the malice of some, and ignorance of others the said Pamphlet should gain belief among the weaker sort, They have thought fit to make known and declare concerning the same as followeth.That after due search and tryall they do finde that their worthy brother MasterAlexander Hendersondid from the time of his coming fromLondontoNewcastletil the last moment of his departure out of this life upon all occasions manifest the constancy of his judgement touching the Work of Reformation in these Kingdoms; Namely, in all his discourses and conferences with his Majesty, and with his Brethren who were employed with him in the same Trust atNewcastle, In his Letters to the Commissioners atLondon, and particularly in his last discourse to his Majestie at his departing fromNewcastle, being very weak and greatly decayed in his Naturall strength. When he was come fromNewcastleby sea to this Kingdom, he was in such a weak worn and failed condition, as it was evident to all who saw him, that he was not able to frame any such Declaration, for he was so spent that he died within eight dayes after his arrivall; And all that he was able to speak in that time did clearly shew his judgement of, and affection to the Work of Reformation and Cause of God to be every way the same then, that it was in the beginning and progresse thereof, as divers Reverend Brethren who visited him have declared to this Assembly, and particularly two Brethren, who constantly attended him from the time he came home till his breath expired. A further testimony may be brought from a short Confession of Faith under his hand found amongst his Papers, which is expressed as his last Words, wherein among other mercies he declareth himselfmost of all obliged to the grace and goodnesse of God for calling him to believe the Promises of the Gospel, and for exalting him to be a Preacher of them to others, and to be a willing though weak instrument in this great and wonderful work of Reformation, which he earnestly beseecheth the Lord to bring to a happy conclusion.Other reasons may be added from the levity of the stile and manifest absurdities contained in[pg 422]that Paper. Upon confederation of all which this Assembly doth condemn the said Pamphlet as forged, scandalous, and false, And further Declare the author and contriver of the same void of charity and a good conscience, and a grosse lyar and calumniator led by the Spirit of the accuser of the Brethren.Act for taking the Covenant at the first receiving of the Sacrament of the Lords Supper, & for the receiving of it also by all Students at their first entry to Colledges.The Generall Assembly according to former recommendations, Doth Ordain that all young Students take the Covenant at their first entry to Colledges; And that hereafter all Persons whatsoever take the Covenant at their first receiving the Sacrament of the Lords Supper: Requiring hereby Provinciall Assemblies, Presbyteries and Universities to be carefull that this Act be observed, and accompt thereof taken in the visitation of and particular Kirks, and in the tryall of Presbyteries.Eodem die Postmeridiem,Sess. 32.Act concerning Presbyteries maintaining ofBursars.The Generall Assembly Understanding that the frequent Recommendation of preceding Assemblies for maintaining Bursars, is by many Presbyteries neglected, Do therefore Ordain Synods to crave accompt thereof from Presbyteries at every Provinciall meeting, Which with the Presbyteries answer, shall be put upon record, That so the part both of Presbyteries and Synods and their negligance[pg 423]or diligence in so pious a work may be known by the examination of the Provinciall books to each Generall Assembly.August 9. 1648.AntemeridiemSess. 25.Act for dis-joyning the Presbyteries ofZetland,from the Provinciall Synod ofOrkneyandCathnes.The Generall Assembly now after exact tryall, finding that the Presbytery ofZetlandcannot meet with the Provinciall ofCathnesandOrknayto which it was adjoyned by an Act of the Assembly 1646. Sess. 11. And that the allowance and dispensation granted in the preceding Assembly for the halfe of their number to keep the meetings of the said Provinciall cannot be observed in respect of the great distance of that Isle by sea from the land, and the dangerousness of the seas there, and of the passage through them, Therefore after hearing the parties interested and serious deliberation of the matter, The Assembly doth hereby Dis-joyn the Presbytery ofZetlandfrom the Provinciall ofCathnesandOrknay, And declares for these reasons, That the said Presbytery is to be hereafter subordinate immediately to the Generall Assembly, For which cause, their Commissioners are to be sent to each Generall Assembly the more carefully, And it is hereby recommended to them that they send to the next Assembly a particular information of the quality and condition of all their Kirks according to the direction of the act of the preceding Assembly Sess. 27. Entituled an act for pressing and furthering the planting of Kirks.[pg 424]Aug. 10. 1648.Postmeridiem,Sess. 38.Overtures for the Remedies of the grievous and common Sins of the Land in this present time.The Sins of the Land and the Causes and occasions thereof being considered, The following Remedies of these Sins were propounded.Civill Remedies.For the present, untill the Overtures prepared to be presented to the Parliament, It is to be Recommended to every Congregation to make use of the 9. Act of the Parliament 1645. atPerth,for having Magistrates and Justices in every Congregation, and of the 8. Act of the said Parliament against Swearing, Drinking and mocking of Piety, and all other Acts of Parliament for restraining or punishing of Vice; particularly for the better restraining of the sin of Whoredom that each Magistrate in every Congregation exact and make compt to the Session of fourty Pounds for each Fornicatour and Fornicatrix, of an hundred Merks for each one of their relapse in Fornication, of an hundreth Pounds for each Adulterer and Adulteress according to express Acts of Parliament which is to be exacted of these who may pay it, and the discretion of the Magistrate is to modifie it according to the ability or inability of each Delinquent.Domestick Remedies.1. Let care be taken of concionable receiving of Servants, that they have testimonials of their honest behaviour: And let all such as give testimonials take heed that these to whom they give them, be free of scolding, swearing, lying and such like more common sins, as well as fornication, adultery, drunkenesse, and other grosse and hainous evils; Let the ordinary time of giving Testimonials be in face of Session: And if an extraordinary exigent be: Let it be given by the Minister with[pg 425]consent of the elder of the bounds, wherein the person craving the Testimonial hath resided; If they have fallen or relapsed in scandalous sins, let their Testimonial bear both their fall and Repentance.2. Let care be had that the Worship of God be practised, and Discipline exercised in Families, according to the Directory for Family Worship in all things as was appointed in the General Assembly 1647. especially in the Ministers constant Catechizing of the Family, and in the performance of the Duties of the Sabbath by all the Members thereof.3. Let Persons to be married, and who have Children to be baptized, who are very rude and ignorant, be stirred up and exhorted, as at all times, so especially at that time, to attain some measure of Christian knowledge in the grounds of Religion, that they may give to the Minister, before the Elder of the Bounds wherein they live, some accompt of their knowledge that so they may the better teach their family and train up their Children.4. Let every Family that hath any in it than can read, have a Bible and a Psalm-book, and make use of them; and where none can read, let them be stirred up to traine up their children in reading, and use any other good remedie the Minister and Session can fall on.General Ecclesiastick Remedies.1. Let the Remedies which were given at Perth 1645. and are mentioned in the General Assembly 1646. anent the Sins of Ministers be put in execution.2. Let suspension from the Lords Sacrament be more carefully executed.3. Let Persons relapse in Adultery (or above) quadrilapse in fornication (or above) or often guilty of other grosser scandals, be Excommunicat somewhat more summarly nor in an ordinary processe (except there be more nor ordinary signes, and an eminent measure of Repentance made known to the Session and Presbyterie) both for the hainousness of the sins and continuance therein, and also for terrour to others; And these not to be relaxed from the sentence of Excommunication without evidence, and undeniable signes of Repentance.[pg 426]4. Let unpartial proceeding be used against men of all quality, for their scandalous walking, and in particular for drunkenesse, swearing, and other scandalous sins. And this to be tryed at the Visitation of Kirk.Particular Ecclesiastick Remedies.And 1. against ignorance.1. Let Ministers Catechise one day every week (whereon also they may Baptise and Lecture or Preach) and let them preach every Lords Day both before and after noon, according to former Acts of General Assemblies, Let Presbyteries and Synods be very careful of this; And let every Provincial Book, contain an exact accompt thereof.2. Let Ministers examine all of every quality of whose knowledge they have no certain notice.3. Let young Persons be Catechized by the Minister from the time they are capable of instruction, and let them not be delayed till they be of age to Communicat.4. Let Persons grossly ignorant be debarred from the Communion; for the first and second time, let them be debarred, suppressing their names; for the third time, expressing their names; for the fourth time, bring them to publick repentance; all this is to be understood of those that profit nothing, and labours not for knowledge: But if they be profiting in any measure, or labouring that they may profit, their case is very considerable, they ought to have more forbearance.2. Ecclesiastick Remedies against Prophanesse.1. Let ignorant and scandalous Persons be put off, and kept off Kirk Sessions.2. Let every Elder have a certain bounds assigned to him that he may visit the same every moneth at least, and report to the Session what scandals and abuses are therein, or what persons have entered without Testimonials.3. Let all scandalous persons be suspended from the Lords Supper.4. Let the Minister deal in private with them that are professing publick Repentance before the Elder of the bounds, thus to try the evidence of their Repentance.[pg 427]5. Let these who have fallen in Fornication make publick profession of Repentance three several Sabbaths, who is guilty of relapse in Fornication six Sabbaths, who is guilty of relapse in Fornication, or hath once fallen in Adultery, 26. Sabbaths, and these sins to be confessed both in oneviz.in Sackcloth, Quadrilapse in Fornication and relapse in Adultery, three quarters of a Year, Incest or Murder a Year, or 52. Sabbaths, in case the Magistrate do not his duty in punishing such crimes capitally; They that fall in Fornication or relapses therein, are first to confesse their Sin before the Session, and thereafter before the Congregation; They that are guilty of greater degrees of that Sin and of the other Sins mentioned in this Article, are to confess their Sin both before the Session & Presbyterie, and there to shew some signes of Repentance before they be brought to the Congregation.6. Some are to be rebuked at the time of Catechising, who deserve more nor a privase reproof, and yet needs not to be brought to publick Repentance.7. It will be a good remedie against Sabbath-breaking by Carriers and Travellers, That the Ministers where they dwell cause them to bring Testimonials from the place where they rested on these Lords dayes wherein they were from home.8. Let all Persons who flit from one Paroch to another have sufficient Testimonials, This is to be extended to all Gentlemen and Persons of quality and all their followers, who come to reside with their Families atEdinburgh,or elswhere, and let the Minister from whom they flit, advertise the Minister to whom they flit, if (to his knowledge) they be lying under any scandal.9. Let Ministers be free with Persons of quality for amendment of their faults, and (if need shall be) let them take help thereto of some of the Brethren of the Presbyterie.10. Let the Presbyteries take special notice of Ministers who do converse frequently and familiarly with Malignants, and with scandalous and prophane Persons, especially such as belongs to other Paroches.11. Let privie Censures of Presbyteries and Synods be performed with more Accuracie, Diligence and Zeal.12. For better keeping of the Sabbath, let every Elder take notice of such as are within his bounds, how they keep the[pg 428]Kirk, how the time is spent before, betwixt, and after the time of publick Worship.13. Let no Minister resort to any Excommunicate person without licence from the Presbyterienisi in extremis,and let Ministers take special notice of such persons as haunt with Excommunicants, and processe them.14. Frequent correspondence betwixt presbyteries is a good remedie.15. At the visitation of each Congregation, let the Session Book be well visited, and for that effect, let it be delivered to two or three Brethren seven or eight dayes before the visitation, that their report of it may be in readinesse against the Day of Visitation.The Assembly allows of all these Overtures and Remedies of the Sins of the Land; And Ordains all of them to be carefully and conscionably put in practise.Act for examining the Paraphrase of the Psalms and other Scripturall Songs.The Generall Assembly AppointsRouseParaphrase of the Psalms, with the corrections thereof now given in by the persons appointed by the last Assembly for that purpose, to be sent to Presbyteries, That they may carefully revise and examine the same, and thereafter send them with their corrections to the Commission of this Assembly to be appointed for publick affairs, Who are to have a care to cause reexamine the Animadversions of Presbyteries, and prepare a report to the next Generall Assembly; Intimating hereby, That if Presbyteries be negligent hereof the next General Assembly is to go on & take the same Paraphrase to their consideration without more delay: And the Assembly Recommends to MasterJohn Adamsonand Mr.Thomas Crafurdto revise the Labours of Mr.Zachary Boydupon the other Scripturall Songs, and to prepare a report thereof to the said Commission for publick affairs, That after their[pg 429]examination, the same may be also reported to the next Generall Assembly.Overtures concerning Papists, their children, and Excommunicate Persons.The Generall Assembly considering the manifold inconveniences that follow upon the sending of the children of Noblemen and others of quality to Forraign Countries wherein Popery is professed, especially that thereby such children are in perill to be corrupted with Popery, and so corrupt these Families and Persons to which they belong, whereby that wicked root of damnable Idolatry, Errour and Heresie may again be occasioned to spring up and trouble many, and provoke the most High GOD to wrath, and to cause his Majestie leave this Land to strong delusions to believe lies; Therefore They Do in the name of GOD, Charge and Require all the Presbyteries of this Kingdom to observe and practice the Rules and Directions which are made in former Generall Assemblies for preventing of the said fearfull inconveniences, and namely the Overtures against Papists, non-Communicants, and Profaners of the Sabbath approven in the Generall Assembly held at St.Andrewsin the year of God, 1642. and the Act anent children sent without the Kingdom made in the Generall Assembly atEdinburgh, Anno 1646.And that they use all diligence for putting in execution the Acts of Parliament and secret Councell made against Papists & Excommunicate Persons; And that they register their diligences thereanent in their Presbyterie Booke which are summarily to be recorded in the Synod Books from time to time, That the Generall Assembly may see how these laudable Acts are put in execution, which here are presented with some necessary additions in one view.1. That every Presbyterie give a List of all Excommunicate Papists they know to be within their bounds to the[pg 430]Commissioners of the Generall Assembly, and of all Papists; yea of them also who professe to have renounced Popery, but yet have their children educated abroad, with the names of these children that are abroad, according to the fifth Overture of the Generall Assembly, 1642.2. That every Presbyterie conveen at their first meeting all known Papists within their bounds, and such as having professed to renounce Popery have their children abroad, and cause them finde sufficient caution for bringing home within three moneths such of their children as are without the Kingdom; to be educated in Schools and Colledges at the Presbyteries sight if they be Minors; and to be wrought upon by gracious conference, & other means of instruction to be reclaimed from Popery if they be come to perfect age.3. The Parents, Tutors or Frinds of Children and Minors shall, before they send them without the Kingdom, first acquaint the Presbyterie where they reside, that they may have their Testimoniall directed to the Presbyterie or Classe within the Kingdom or Dominion beyond Seas whither they intend to send their Children; And at the time of these Childrens return, that they report a Testimoniall from the Presbyterie or Synod where they lived without the Kingdom, to the Presbyterie who gave them a Testimonial at their going away, according to the Act anent Children sent without the KingdomAnno 1646.4. That all Presbyteries give the names of such Pædagogs as were abroad with the children of Noblemen within there bounds, and diligently enquire whether these Pædagogs do continue stedfast in the true Religion, and continue in their service, or whither these Pædagogs do either become corrupt in Religion, or (continuing constant) are removed from their charge and by whom they are removed, and that they signifie these things to the Generall Assembly from time to time or their Commissioners, That they may represent the same to the High Court of Parliament, Lords of secret Counsell or Committe of Estates, for such remedie as shall seem expedient to their Honours, for preventing of and purging the land from the plague of Idolatrie.[pg 431]5. That such Parents, Tutors or Friends as either send away Children to forraign parts infected with Idolatry without such Testimonialls as aforesaid, or do not recall them who are already abroad within such time as is above prefixed, or do remove from them their Protestant Pædagogs (that they may the more easily be infected with Popery) be processed and in case of not amending these things, be Excommunicated.6. That the names of such as are Excommunicated for these or any other causes, be sent in to the Generall Assembly from year to year, that (from thence) their names may be notified in all the Kingdom, and that the Acts of Parliament and secret Counsell may be put to execution against them, and all diligence used for that effect; and that by the effectuall dealing of the Generall Assembly, with the Parliament, Lords of secret Counsell, or Committee of Estates, their Lordships may Enact such further, just and severe civill Punishment on such Excommunicants for Terror to others, as shall be found necessary for purging this Covenanted Land from all Abominations.Because persons addicted to Idolatry will use all means for their own hardening in their Superstitious and Idolatrous way, even within the Countrey; Therefore all known Papists, or persons suspect of Poperie upon probable grounds are to finde Caution before their Presbyteries, for their abstinence from Masse, and from the Company of all Jesuits, and Priests according to the second Overture against Papists, madeAnno 1642.Also Presbyteries are to presse them to finde such Caution; And to observe what persons put their Sons or Daughters to such Families as are tainted with Popery within the Land, the same being a speciall mean to corrupt them with Idolatry, And to cause such Parents recall their Children, or else proceed with the Censures of the Kirk against them.All which Overtures, Presbyteries are seriously required and Ordained to observe diligently with Certification, That they shall be severely censured, If they shall be found remisse or negligent in any of these points, which are so[pg 432]necessary for keeping of the Lords House and People unpoluted with Error, Idolatry, or Superstition.Aug. 11. 1648Antemeridiem,Sess. 39.Act for prosecuting the Treaty for the Uniformity in Religion in the Kingdom of England.The Generall Assembly, Taking to their consideration that the Treaty of Uniformity in Religion in all His Majesties Dominions is not yet perfected; Therefore, Renews the power and Commission granted by preceeding Assemblies for prosecuting that Treaty unto these Persons after-namedviz.MrRobert Douglas, MrSamuel Rutherford, MrRobert Baillie, MrGeorge Gillespie, Ministers. AndJohn Earle ofCassils,John Lord Balmerinoch, and Sir.Arch. Johnston of WaristonElders; Authorizing them with full power to prosecute the said Treaty of Uniformity with the Honourable Houses of the Parliament ofEngland, and the Reverend Assembly of Divines there, or any Committees Appointed by them: And to do all and every thing which may advance, perfect, and bring that Treaty to an happie conclusion, conform to the Commissions given thereanent.Act Renewing the Commission for the publick Affairs of this Kirk.The Generall Assembly Taking to their consideration, that in respect the great work of Uniformity in Religion in all his Majesties Dominions is not yet perfected (though by the Lords blessing there is a good progress made in the same) There is a necessity of renewing the Commissions granted formerly for prosecuting and perfecting that great Work; Do therefore Renew the Power and Commission granted for the Publick Affairs of the Kirk by the Generall Assemblies held at SaintAndrews, 1642. and[pg 433]atEdinburgh1643. 1644. 1645. 1646. and 1647. unto the persons followingvizMasters,John Lawder, Andrew Wood, David Calderwood, Robert Ker, John Mackghie, John Knox, John Sinclar, John Adamson, Robert Dowglas, George Gillespie, James Hamiltoun, Mungo Law, John Smith, Robert Lawrie, George Lesly, John Weir, Robert Eliot, Alexander Dickson, Patrick Fleeming, Thomas Vassie, Ephraim Melvil, Hew Kennedie, Kenneth Logie, Alexander Levistoun, George Bennet, David Weems, William Row, Robert Young, William Menzies, John Friebaine, John Givan, Harie Guthrie, Andrew Rind, David Auchterlony, Samuel Ousteen, Thomas Henderson, Charles Archibald, Andrew Lawder, John Leviston, John Macklellan, Alexander Turnbull, William Fullerton, George Hutcheson, John Genell, Patrick Colvill, James Ferguson, Hew Peebles, John Hamiltoun, Alexander Dunlope, David Elphiston, David Dickson, Robert Baillie, Robert Ramsay, Patrick Gillespie, Patrick Sharpe, James Nasunth, John Home, Evan Camron, Robert Blair, Samuel Rutherfurd, David Forret, Robert Traill, Andrew Bennett, Walter Greg, John Macgill younger, John Moncreiff, Fredrick Carmichael, John Chalmers, John Duncan, Andrew Donaldson, Will Oliphant, George Simmer, Andrew Affleck, Arthur Granger, David Strachen, Andrew Cant, John Rex, John Paterson, Alexander Cant, John Young, John Seaton, David Lindsayat Bethelvie,Nothaniel Martine, John Annand, William Falconer, Joseph Brodie, Alexander Summer, William Chalmer, Gilbert Anderson, David Rosse, George Gray, Robert Knox, William Penman, James Guthrie, Thomas Donaldson, William Jameson, Thomas Wilkie, James Ker, John Knox, Andrew DunkansonMinisters:ArchibaldMarques of Argyle,AlexanderEarle of Eglintoun,JohnEarle of Cassils.WilliamEarle of Lothian,ArchibaldLord Angus,WilliamLord Borthwick,JohnLord Torphichen,JohnLord Balmerino,RobertLord Burly,JamesLord Couper, Lord Kilcudbright,AlexanderLord Elcho, SirArchibald Johnstounof Wariston. SirJohn Hopeof Craighall,Arthur Erskinof Scotskraig, SirJohn Moncreiffof that Ilk,Boatonof Creigh, SirJohn Wauchhopeof Midrie, SirThomas Ruthvenof Frieland, SirGeorge Maxwellof Netherpollock, SirJames Fraserof Brae, SirJames Hackactof Pitfirn, Sir[pg 434]William Carmichaellyounger of that ilk,Walter Dundasyounger of that ilk,Thomas Craigof Ricarton, MrGeorge Winrainof Liberton, SirAlexander Ingilsof Ingilston,Alexander Brodieof that ilk,Forbesof Eight,Will. Moreof Glanderston,John Kerof Lochtour,Alex Pringillof Whitbanck,Walter Scotof Whitstyid,John Crafurdof Crafurdland, SirJohn Chislyof Carswell,Robert Monroeof Obsteall,Cornwallof Bonhard,George Dundasof Dudingston, SirJames Stewartof Kirkfield,Alexander Colvilof the Blair, MrAlex. Petrson, MrRobert Burnetyounger, MrThomas Murray, George Potterfield,MrJames Campbell, James Hamilton, Lawrence Henderson,MrRobert Barcclay, MrWilliam More, William GlendoningDoctor,Douglas, James Sword, Gideon Lack, MrDongall Campbell, John Besrall, John Brown, William Brown, Robert Brown, andWilliam Russel, Elders: Giving unto them full Power and Commission, to do all and every thing for preservation of the Established Doctrine, Discipline, Worship and Government of this Kirk, against all who shall endeavour to introduce any thing contrary thereunto, and for prosecuting, advancing, perfecting & bringing the said Work of Uniformity in Religion in all His Majesties Dominions to a happy conclusion, conform to the former Commissions granted by proceeding Assemblies thereanent, And to that effect Appoints them, or any seventeen of them, whereof thirteen shall be Ministers to meet here in this City to morrow the 12. of this Moneth, And thereafter upon the last Wednesday ofNovember, February, andMaynext, and upon any other day, and in any other place they shall think fit. Renewing also to the persons before named the power contained in the Act of the Assembly 1643. Intituled, AReference to the Commission anent the Persons designed to repair to the Kingdom of England.And further, incase Delinquents have no constant residence in any one Presbyterie, or if Presbyteries be negligent or overawed, in these cases, The Assembly gives to the persons before named, such power of censuring complyers and persons disaffected to the Covenant according to the Acts of the Assembly, declaring alwayes and providing, that Ministers shall not be deposed, but in one of the quarterly[pg 435]meetings of this Commission, And further Authorises them as formerly with full power to make Supplications, Remonstrances, Declarations & Warnings to Indict Fasts & Thanksgivings as there shall be cause to Protest against all encroachments upon the Liberties of the Kirk, and to censure all such as interupt this Commission or any other Church Judicatory, or the execution of their Censures or of any other Sentences or Acts, issuing from them, And with full power to them to treat and determine in the matters referred unto them by this Assembly, as fully and freely as if the same were here fully expressed, and with as ample power as any Commission of any former Generall Assemblies hath had or been in use of before: Declaring also that all opposers of the authority of this Commission in matters intrusted to them shall be holden as opposers of the authority of the Generall Assembly, And this Commission in their whole proceedings are comptable to, and censurable by the next General Assembly.
August 5. 1648.Antemeridiem,Sess. 30.Explanation of the fifth Article of the Overtures concerning Appeals past in the Assembly, 1643.The Generall Assembly for clearing the sense of the fifth Article of the Overtures concerning Appeals in the Assembly,1643. Sess. 2Declare, that if Appellations,Post latam sententiambe not presented to the Judicatory when the sentence is pronounced: The party shall then immediately after the sentence protest for liberty of Appeal, as he shall see cause; And accordingly within ten dayes shall give in his Appeal in writ under his hand, either to the Judicatory or the Moderator thereof, otherwise the Appeal is not to be respected.Eodem die 1648. Antemeridiem,Sess. 30.Act discharging deposed or suspended Ministers from any exercise of the Ministery, or medling with the stipend.The Generall Assembly considering that according to the ancient practise and order of this Kirk, the Censure of Suspension and Deposition of Ministers is bothab officioandâ beuoficio, as is also acknowledged by the 20. Act of the Parliament,Anno 1644.And that the continuance of suspended or deposed Ministers in the exercise of the Ministery or in the possession of their stipend hath been & ought to be accompted and censured as a great contempt of the Authority and Censures of the Kirk, Considering[pg 420]also that the continuance of deposed Ministers in the possession of the stipend, is a great prejudice and obstruction to the planting of the vaiking Kirk, and to the service of God there. Therefore do declare and Ordain, That whosoever after the sentence of Deposition pronounced against them, Do either exercise any part of the Ministeriall calling in the places they formerly served in; or elsewhere, or do possesse, meddle, or intromet with the stipend or other benefits whatsoever belonging to these Kirks they served at, They shall be proceeded against with Excommunication; And if any suspended Minister during his suspension, either exercise any part of the Ministeriall Calling, or intromet with the Stipend, That he be Deposed, And after deposition, continuing in either of these faults, That he be processed with Excommunication; But prejudice always to them of their stipend resting for by-gone service and of any recompence due for building or repairing of the Manse according to the ordinary practise. And the Assembly recommends to Presbyteries seriously to be carefull of the putting of this Act in execution.August 7. 1648.Antemeridiem.Sess 31.The Assemblies Declaration of the falsehood and forgerie of a lying scandalous Pamphlet put forth under the name of their Reverend Brother MastrAlexander Hendersonafter hes death.The Generall Assembly of this Kirk having seen a Printed Paper, Intituled,The Declaration ofMr. Alexander Hendersonprincipall Minister of the Word of GOD atEdinburghand chief Commissioner from the Kirk ofScotlandto the Parliament and Synod ofEnglandmade upon his death-bed.And taking into their serious consideration how many grosse lies and impudent calumnies are therein contained; Out of the tender respect which they do bear to his name (which ought to be very precious to them and all posterity, for his faithfull[pg 421]service in the great Work of Reformation in these Kingdoms, wherein the Lord was pleased to make him eminently instrumentall) and lest through the malice of some, and ignorance of others the said Pamphlet should gain belief among the weaker sort, They have thought fit to make known and declare concerning the same as followeth.That after due search and tryall they do finde that their worthy brother MasterAlexander Hendersondid from the time of his coming fromLondontoNewcastletil the last moment of his departure out of this life upon all occasions manifest the constancy of his judgement touching the Work of Reformation in these Kingdoms; Namely, in all his discourses and conferences with his Majesty, and with his Brethren who were employed with him in the same Trust atNewcastle, In his Letters to the Commissioners atLondon, and particularly in his last discourse to his Majestie at his departing fromNewcastle, being very weak and greatly decayed in his Naturall strength. When he was come fromNewcastleby sea to this Kingdom, he was in such a weak worn and failed condition, as it was evident to all who saw him, that he was not able to frame any such Declaration, for he was so spent that he died within eight dayes after his arrivall; And all that he was able to speak in that time did clearly shew his judgement of, and affection to the Work of Reformation and Cause of God to be every way the same then, that it was in the beginning and progresse thereof, as divers Reverend Brethren who visited him have declared to this Assembly, and particularly two Brethren, who constantly attended him from the time he came home till his breath expired. A further testimony may be brought from a short Confession of Faith under his hand found amongst his Papers, which is expressed as his last Words, wherein among other mercies he declareth himselfmost of all obliged to the grace and goodnesse of God for calling him to believe the Promises of the Gospel, and for exalting him to be a Preacher of them to others, and to be a willing though weak instrument in this great and wonderful work of Reformation, which he earnestly beseecheth the Lord to bring to a happy conclusion.Other reasons may be added from the levity of the stile and manifest absurdities contained in[pg 422]that Paper. Upon confederation of all which this Assembly doth condemn the said Pamphlet as forged, scandalous, and false, And further Declare the author and contriver of the same void of charity and a good conscience, and a grosse lyar and calumniator led by the Spirit of the accuser of the Brethren.Act for taking the Covenant at the first receiving of the Sacrament of the Lords Supper, & for the receiving of it also by all Students at their first entry to Colledges.The Generall Assembly according to former recommendations, Doth Ordain that all young Students take the Covenant at their first entry to Colledges; And that hereafter all Persons whatsoever take the Covenant at their first receiving the Sacrament of the Lords Supper: Requiring hereby Provinciall Assemblies, Presbyteries and Universities to be carefull that this Act be observed, and accompt thereof taken in the visitation of and particular Kirks, and in the tryall of Presbyteries.Eodem die Postmeridiem,Sess. 32.Act concerning Presbyteries maintaining ofBursars.The Generall Assembly Understanding that the frequent Recommendation of preceding Assemblies for maintaining Bursars, is by many Presbyteries neglected, Do therefore Ordain Synods to crave accompt thereof from Presbyteries at every Provinciall meeting, Which with the Presbyteries answer, shall be put upon record, That so the part both of Presbyteries and Synods and their negligance[pg 423]or diligence in so pious a work may be known by the examination of the Provinciall books to each Generall Assembly.August 9. 1648.AntemeridiemSess. 25.Act for dis-joyning the Presbyteries ofZetland,from the Provinciall Synod ofOrkneyandCathnes.The Generall Assembly now after exact tryall, finding that the Presbytery ofZetlandcannot meet with the Provinciall ofCathnesandOrknayto which it was adjoyned by an Act of the Assembly 1646. Sess. 11. And that the allowance and dispensation granted in the preceding Assembly for the halfe of their number to keep the meetings of the said Provinciall cannot be observed in respect of the great distance of that Isle by sea from the land, and the dangerousness of the seas there, and of the passage through them, Therefore after hearing the parties interested and serious deliberation of the matter, The Assembly doth hereby Dis-joyn the Presbytery ofZetlandfrom the Provinciall ofCathnesandOrknay, And declares for these reasons, That the said Presbytery is to be hereafter subordinate immediately to the Generall Assembly, For which cause, their Commissioners are to be sent to each Generall Assembly the more carefully, And it is hereby recommended to them that they send to the next Assembly a particular information of the quality and condition of all their Kirks according to the direction of the act of the preceding Assembly Sess. 27. Entituled an act for pressing and furthering the planting of Kirks.[pg 424]Aug. 10. 1648.Postmeridiem,Sess. 38.Overtures for the Remedies of the grievous and common Sins of the Land in this present time.The Sins of the Land and the Causes and occasions thereof being considered, The following Remedies of these Sins were propounded.Civill Remedies.For the present, untill the Overtures prepared to be presented to the Parliament, It is to be Recommended to every Congregation to make use of the 9. Act of the Parliament 1645. atPerth,for having Magistrates and Justices in every Congregation, and of the 8. Act of the said Parliament against Swearing, Drinking and mocking of Piety, and all other Acts of Parliament for restraining or punishing of Vice; particularly for the better restraining of the sin of Whoredom that each Magistrate in every Congregation exact and make compt to the Session of fourty Pounds for each Fornicatour and Fornicatrix, of an hundred Merks for each one of their relapse in Fornication, of an hundreth Pounds for each Adulterer and Adulteress according to express Acts of Parliament which is to be exacted of these who may pay it, and the discretion of the Magistrate is to modifie it according to the ability or inability of each Delinquent.Domestick Remedies.1. Let care be taken of concionable receiving of Servants, that they have testimonials of their honest behaviour: And let all such as give testimonials take heed that these to whom they give them, be free of scolding, swearing, lying and such like more common sins, as well as fornication, adultery, drunkenesse, and other grosse and hainous evils; Let the ordinary time of giving Testimonials be in face of Session: And if an extraordinary exigent be: Let it be given by the Minister with[pg 425]consent of the elder of the bounds, wherein the person craving the Testimonial hath resided; If they have fallen or relapsed in scandalous sins, let their Testimonial bear both their fall and Repentance.2. Let care be had that the Worship of God be practised, and Discipline exercised in Families, according to the Directory for Family Worship in all things as was appointed in the General Assembly 1647. especially in the Ministers constant Catechizing of the Family, and in the performance of the Duties of the Sabbath by all the Members thereof.3. Let Persons to be married, and who have Children to be baptized, who are very rude and ignorant, be stirred up and exhorted, as at all times, so especially at that time, to attain some measure of Christian knowledge in the grounds of Religion, that they may give to the Minister, before the Elder of the Bounds wherein they live, some accompt of their knowledge that so they may the better teach their family and train up their Children.4. Let every Family that hath any in it than can read, have a Bible and a Psalm-book, and make use of them; and where none can read, let them be stirred up to traine up their children in reading, and use any other good remedie the Minister and Session can fall on.General Ecclesiastick Remedies.1. Let the Remedies which were given at Perth 1645. and are mentioned in the General Assembly 1646. anent the Sins of Ministers be put in execution.2. Let suspension from the Lords Sacrament be more carefully executed.3. Let Persons relapse in Adultery (or above) quadrilapse in fornication (or above) or often guilty of other grosser scandals, be Excommunicat somewhat more summarly nor in an ordinary processe (except there be more nor ordinary signes, and an eminent measure of Repentance made known to the Session and Presbyterie) both for the hainousness of the sins and continuance therein, and also for terrour to others; And these not to be relaxed from the sentence of Excommunication without evidence, and undeniable signes of Repentance.[pg 426]4. Let unpartial proceeding be used against men of all quality, for their scandalous walking, and in particular for drunkenesse, swearing, and other scandalous sins. And this to be tryed at the Visitation of Kirk.Particular Ecclesiastick Remedies.And 1. against ignorance.1. Let Ministers Catechise one day every week (whereon also they may Baptise and Lecture or Preach) and let them preach every Lords Day both before and after noon, according to former Acts of General Assemblies, Let Presbyteries and Synods be very careful of this; And let every Provincial Book, contain an exact accompt thereof.2. Let Ministers examine all of every quality of whose knowledge they have no certain notice.3. Let young Persons be Catechized by the Minister from the time they are capable of instruction, and let them not be delayed till they be of age to Communicat.4. Let Persons grossly ignorant be debarred from the Communion; for the first and second time, let them be debarred, suppressing their names; for the third time, expressing their names; for the fourth time, bring them to publick repentance; all this is to be understood of those that profit nothing, and labours not for knowledge: But if they be profiting in any measure, or labouring that they may profit, their case is very considerable, they ought to have more forbearance.2. Ecclesiastick Remedies against Prophanesse.1. Let ignorant and scandalous Persons be put off, and kept off Kirk Sessions.2. Let every Elder have a certain bounds assigned to him that he may visit the same every moneth at least, and report to the Session what scandals and abuses are therein, or what persons have entered without Testimonials.3. Let all scandalous persons be suspended from the Lords Supper.4. Let the Minister deal in private with them that are professing publick Repentance before the Elder of the bounds, thus to try the evidence of their Repentance.[pg 427]5. Let these who have fallen in Fornication make publick profession of Repentance three several Sabbaths, who is guilty of relapse in Fornication six Sabbaths, who is guilty of relapse in Fornication, or hath once fallen in Adultery, 26. Sabbaths, and these sins to be confessed both in oneviz.in Sackcloth, Quadrilapse in Fornication and relapse in Adultery, three quarters of a Year, Incest or Murder a Year, or 52. Sabbaths, in case the Magistrate do not his duty in punishing such crimes capitally; They that fall in Fornication or relapses therein, are first to confesse their Sin before the Session, and thereafter before the Congregation; They that are guilty of greater degrees of that Sin and of the other Sins mentioned in this Article, are to confess their Sin both before the Session & Presbyterie, and there to shew some signes of Repentance before they be brought to the Congregation.6. Some are to be rebuked at the time of Catechising, who deserve more nor a privase reproof, and yet needs not to be brought to publick Repentance.7. It will be a good remedie against Sabbath-breaking by Carriers and Travellers, That the Ministers where they dwell cause them to bring Testimonials from the place where they rested on these Lords dayes wherein they were from home.8. Let all Persons who flit from one Paroch to another have sufficient Testimonials, This is to be extended to all Gentlemen and Persons of quality and all their followers, who come to reside with their Families atEdinburgh,or elswhere, and let the Minister from whom they flit, advertise the Minister to whom they flit, if (to his knowledge) they be lying under any scandal.9. Let Ministers be free with Persons of quality for amendment of their faults, and (if need shall be) let them take help thereto of some of the Brethren of the Presbyterie.10. Let the Presbyteries take special notice of Ministers who do converse frequently and familiarly with Malignants, and with scandalous and prophane Persons, especially such as belongs to other Paroches.11. Let privie Censures of Presbyteries and Synods be performed with more Accuracie, Diligence and Zeal.12. For better keeping of the Sabbath, let every Elder take notice of such as are within his bounds, how they keep the[pg 428]Kirk, how the time is spent before, betwixt, and after the time of publick Worship.13. Let no Minister resort to any Excommunicate person without licence from the Presbyterienisi in extremis,and let Ministers take special notice of such persons as haunt with Excommunicants, and processe them.14. Frequent correspondence betwixt presbyteries is a good remedie.15. At the visitation of each Congregation, let the Session Book be well visited, and for that effect, let it be delivered to two or three Brethren seven or eight dayes before the visitation, that their report of it may be in readinesse against the Day of Visitation.The Assembly allows of all these Overtures and Remedies of the Sins of the Land; And Ordains all of them to be carefully and conscionably put in practise.Act for examining the Paraphrase of the Psalms and other Scripturall Songs.The Generall Assembly AppointsRouseParaphrase of the Psalms, with the corrections thereof now given in by the persons appointed by the last Assembly for that purpose, to be sent to Presbyteries, That they may carefully revise and examine the same, and thereafter send them with their corrections to the Commission of this Assembly to be appointed for publick affairs, Who are to have a care to cause reexamine the Animadversions of Presbyteries, and prepare a report to the next Generall Assembly; Intimating hereby, That if Presbyteries be negligent hereof the next General Assembly is to go on & take the same Paraphrase to their consideration without more delay: And the Assembly Recommends to MasterJohn Adamsonand Mr.Thomas Crafurdto revise the Labours of Mr.Zachary Boydupon the other Scripturall Songs, and to prepare a report thereof to the said Commission for publick affairs, That after their[pg 429]examination, the same may be also reported to the next Generall Assembly.Overtures concerning Papists, their children, and Excommunicate Persons.The Generall Assembly considering the manifold inconveniences that follow upon the sending of the children of Noblemen and others of quality to Forraign Countries wherein Popery is professed, especially that thereby such children are in perill to be corrupted with Popery, and so corrupt these Families and Persons to which they belong, whereby that wicked root of damnable Idolatry, Errour and Heresie may again be occasioned to spring up and trouble many, and provoke the most High GOD to wrath, and to cause his Majestie leave this Land to strong delusions to believe lies; Therefore They Do in the name of GOD, Charge and Require all the Presbyteries of this Kingdom to observe and practice the Rules and Directions which are made in former Generall Assemblies for preventing of the said fearfull inconveniences, and namely the Overtures against Papists, non-Communicants, and Profaners of the Sabbath approven in the Generall Assembly held at St.Andrewsin the year of God, 1642. and the Act anent children sent without the Kingdom made in the Generall Assembly atEdinburgh, Anno 1646.And that they use all diligence for putting in execution the Acts of Parliament and secret Councell made against Papists & Excommunicate Persons; And that they register their diligences thereanent in their Presbyterie Booke which are summarily to be recorded in the Synod Books from time to time, That the Generall Assembly may see how these laudable Acts are put in execution, which here are presented with some necessary additions in one view.1. That every Presbyterie give a List of all Excommunicate Papists they know to be within their bounds to the[pg 430]Commissioners of the Generall Assembly, and of all Papists; yea of them also who professe to have renounced Popery, but yet have their children educated abroad, with the names of these children that are abroad, according to the fifth Overture of the Generall Assembly, 1642.2. That every Presbyterie conveen at their first meeting all known Papists within their bounds, and such as having professed to renounce Popery have their children abroad, and cause them finde sufficient caution for bringing home within three moneths such of their children as are without the Kingdom; to be educated in Schools and Colledges at the Presbyteries sight if they be Minors; and to be wrought upon by gracious conference, & other means of instruction to be reclaimed from Popery if they be come to perfect age.3. The Parents, Tutors or Frinds of Children and Minors shall, before they send them without the Kingdom, first acquaint the Presbyterie where they reside, that they may have their Testimoniall directed to the Presbyterie or Classe within the Kingdom or Dominion beyond Seas whither they intend to send their Children; And at the time of these Childrens return, that they report a Testimoniall from the Presbyterie or Synod where they lived without the Kingdom, to the Presbyterie who gave them a Testimonial at their going away, according to the Act anent Children sent without the KingdomAnno 1646.4. That all Presbyteries give the names of such Pædagogs as were abroad with the children of Noblemen within there bounds, and diligently enquire whether these Pædagogs do continue stedfast in the true Religion, and continue in their service, or whither these Pædagogs do either become corrupt in Religion, or (continuing constant) are removed from their charge and by whom they are removed, and that they signifie these things to the Generall Assembly from time to time or their Commissioners, That they may represent the same to the High Court of Parliament, Lords of secret Counsell or Committe of Estates, for such remedie as shall seem expedient to their Honours, for preventing of and purging the land from the plague of Idolatrie.[pg 431]5. That such Parents, Tutors or Friends as either send away Children to forraign parts infected with Idolatry without such Testimonialls as aforesaid, or do not recall them who are already abroad within such time as is above prefixed, or do remove from them their Protestant Pædagogs (that they may the more easily be infected with Popery) be processed and in case of not amending these things, be Excommunicated.6. That the names of such as are Excommunicated for these or any other causes, be sent in to the Generall Assembly from year to year, that (from thence) their names may be notified in all the Kingdom, and that the Acts of Parliament and secret Counsell may be put to execution against them, and all diligence used for that effect; and that by the effectuall dealing of the Generall Assembly, with the Parliament, Lords of secret Counsell, or Committee of Estates, their Lordships may Enact such further, just and severe civill Punishment on such Excommunicants for Terror to others, as shall be found necessary for purging this Covenanted Land from all Abominations.Because persons addicted to Idolatry will use all means for their own hardening in their Superstitious and Idolatrous way, even within the Countrey; Therefore all known Papists, or persons suspect of Poperie upon probable grounds are to finde Caution before their Presbyteries, for their abstinence from Masse, and from the Company of all Jesuits, and Priests according to the second Overture against Papists, madeAnno 1642.Also Presbyteries are to presse them to finde such Caution; And to observe what persons put their Sons or Daughters to such Families as are tainted with Popery within the Land, the same being a speciall mean to corrupt them with Idolatry, And to cause such Parents recall their Children, or else proceed with the Censures of the Kirk against them.All which Overtures, Presbyteries are seriously required and Ordained to observe diligently with Certification, That they shall be severely censured, If they shall be found remisse or negligent in any of these points, which are so[pg 432]necessary for keeping of the Lords House and People unpoluted with Error, Idolatry, or Superstition.Aug. 11. 1648Antemeridiem,Sess. 39.Act for prosecuting the Treaty for the Uniformity in Religion in the Kingdom of England.The Generall Assembly, Taking to their consideration that the Treaty of Uniformity in Religion in all His Majesties Dominions is not yet perfected; Therefore, Renews the power and Commission granted by preceeding Assemblies for prosecuting that Treaty unto these Persons after-namedviz.MrRobert Douglas, MrSamuel Rutherford, MrRobert Baillie, MrGeorge Gillespie, Ministers. AndJohn Earle ofCassils,John Lord Balmerinoch, and Sir.Arch. Johnston of WaristonElders; Authorizing them with full power to prosecute the said Treaty of Uniformity with the Honourable Houses of the Parliament ofEngland, and the Reverend Assembly of Divines there, or any Committees Appointed by them: And to do all and every thing which may advance, perfect, and bring that Treaty to an happie conclusion, conform to the Commissions given thereanent.Act Renewing the Commission for the publick Affairs of this Kirk.The Generall Assembly Taking to their consideration, that in respect the great work of Uniformity in Religion in all his Majesties Dominions is not yet perfected (though by the Lords blessing there is a good progress made in the same) There is a necessity of renewing the Commissions granted formerly for prosecuting and perfecting that great Work; Do therefore Renew the Power and Commission granted for the Publick Affairs of the Kirk by the Generall Assemblies held at SaintAndrews, 1642. and[pg 433]atEdinburgh1643. 1644. 1645. 1646. and 1647. unto the persons followingvizMasters,John Lawder, Andrew Wood, David Calderwood, Robert Ker, John Mackghie, John Knox, John Sinclar, John Adamson, Robert Dowglas, George Gillespie, James Hamiltoun, Mungo Law, John Smith, Robert Lawrie, George Lesly, John Weir, Robert Eliot, Alexander Dickson, Patrick Fleeming, Thomas Vassie, Ephraim Melvil, Hew Kennedie, Kenneth Logie, Alexander Levistoun, George Bennet, David Weems, William Row, Robert Young, William Menzies, John Friebaine, John Givan, Harie Guthrie, Andrew Rind, David Auchterlony, Samuel Ousteen, Thomas Henderson, Charles Archibald, Andrew Lawder, John Leviston, John Macklellan, Alexander Turnbull, William Fullerton, George Hutcheson, John Genell, Patrick Colvill, James Ferguson, Hew Peebles, John Hamiltoun, Alexander Dunlope, David Elphiston, David Dickson, Robert Baillie, Robert Ramsay, Patrick Gillespie, Patrick Sharpe, James Nasunth, John Home, Evan Camron, Robert Blair, Samuel Rutherfurd, David Forret, Robert Traill, Andrew Bennett, Walter Greg, John Macgill younger, John Moncreiff, Fredrick Carmichael, John Chalmers, John Duncan, Andrew Donaldson, Will Oliphant, George Simmer, Andrew Affleck, Arthur Granger, David Strachen, Andrew Cant, John Rex, John Paterson, Alexander Cant, John Young, John Seaton, David Lindsayat Bethelvie,Nothaniel Martine, John Annand, William Falconer, Joseph Brodie, Alexander Summer, William Chalmer, Gilbert Anderson, David Rosse, George Gray, Robert Knox, William Penman, James Guthrie, Thomas Donaldson, William Jameson, Thomas Wilkie, James Ker, John Knox, Andrew DunkansonMinisters:ArchibaldMarques of Argyle,AlexanderEarle of Eglintoun,JohnEarle of Cassils.WilliamEarle of Lothian,ArchibaldLord Angus,WilliamLord Borthwick,JohnLord Torphichen,JohnLord Balmerino,RobertLord Burly,JamesLord Couper, Lord Kilcudbright,AlexanderLord Elcho, SirArchibald Johnstounof Wariston. SirJohn Hopeof Craighall,Arthur Erskinof Scotskraig, SirJohn Moncreiffof that Ilk,Boatonof Creigh, SirJohn Wauchhopeof Midrie, SirThomas Ruthvenof Frieland, SirGeorge Maxwellof Netherpollock, SirJames Fraserof Brae, SirJames Hackactof Pitfirn, Sir[pg 434]William Carmichaellyounger of that ilk,Walter Dundasyounger of that ilk,Thomas Craigof Ricarton, MrGeorge Winrainof Liberton, SirAlexander Ingilsof Ingilston,Alexander Brodieof that ilk,Forbesof Eight,Will. Moreof Glanderston,John Kerof Lochtour,Alex Pringillof Whitbanck,Walter Scotof Whitstyid,John Crafurdof Crafurdland, SirJohn Chislyof Carswell,Robert Monroeof Obsteall,Cornwallof Bonhard,George Dundasof Dudingston, SirJames Stewartof Kirkfield,Alexander Colvilof the Blair, MrAlex. Petrson, MrRobert Burnetyounger, MrThomas Murray, George Potterfield,MrJames Campbell, James Hamilton, Lawrence Henderson,MrRobert Barcclay, MrWilliam More, William GlendoningDoctor,Douglas, James Sword, Gideon Lack, MrDongall Campbell, John Besrall, John Brown, William Brown, Robert Brown, andWilliam Russel, Elders: Giving unto them full Power and Commission, to do all and every thing for preservation of the Established Doctrine, Discipline, Worship and Government of this Kirk, against all who shall endeavour to introduce any thing contrary thereunto, and for prosecuting, advancing, perfecting & bringing the said Work of Uniformity in Religion in all His Majesties Dominions to a happy conclusion, conform to the former Commissions granted by proceeding Assemblies thereanent, And to that effect Appoints them, or any seventeen of them, whereof thirteen shall be Ministers to meet here in this City to morrow the 12. of this Moneth, And thereafter upon the last Wednesday ofNovember, February, andMaynext, and upon any other day, and in any other place they shall think fit. Renewing also to the persons before named the power contained in the Act of the Assembly 1643. Intituled, AReference to the Commission anent the Persons designed to repair to the Kingdom of England.And further, incase Delinquents have no constant residence in any one Presbyterie, or if Presbyteries be negligent or overawed, in these cases, The Assembly gives to the persons before named, such power of censuring complyers and persons disaffected to the Covenant according to the Acts of the Assembly, declaring alwayes and providing, that Ministers shall not be deposed, but in one of the quarterly[pg 435]meetings of this Commission, And further Authorises them as formerly with full power to make Supplications, Remonstrances, Declarations & Warnings to Indict Fasts & Thanksgivings as there shall be cause to Protest against all encroachments upon the Liberties of the Kirk, and to censure all such as interupt this Commission or any other Church Judicatory, or the execution of their Censures or of any other Sentences or Acts, issuing from them, And with full power to them to treat and determine in the matters referred unto them by this Assembly, as fully and freely as if the same were here fully expressed, and with as ample power as any Commission of any former Generall Assemblies hath had or been in use of before: Declaring also that all opposers of the authority of this Commission in matters intrusted to them shall be holden as opposers of the authority of the Generall Assembly, And this Commission in their whole proceedings are comptable to, and censurable by the next General Assembly.
August 5. 1648.Antemeridiem,Sess. 30.Explanation of the fifth Article of the Overtures concerning Appeals past in the Assembly, 1643.The Generall Assembly for clearing the sense of the fifth Article of the Overtures concerning Appeals in the Assembly,1643. Sess. 2Declare, that if Appellations,Post latam sententiambe not presented to the Judicatory when the sentence is pronounced: The party shall then immediately after the sentence protest for liberty of Appeal, as he shall see cause; And accordingly within ten dayes shall give in his Appeal in writ under his hand, either to the Judicatory or the Moderator thereof, otherwise the Appeal is not to be respected.
Explanation of the fifth Article of the Overtures concerning Appeals past in the Assembly, 1643.The Generall Assembly for clearing the sense of the fifth Article of the Overtures concerning Appeals in the Assembly,1643. Sess. 2Declare, that if Appellations,Post latam sententiambe not presented to the Judicatory when the sentence is pronounced: The party shall then immediately after the sentence protest for liberty of Appeal, as he shall see cause; And accordingly within ten dayes shall give in his Appeal in writ under his hand, either to the Judicatory or the Moderator thereof, otherwise the Appeal is not to be respected.
The Generall Assembly for clearing the sense of the fifth Article of the Overtures concerning Appeals in the Assembly,1643. Sess. 2Declare, that if Appellations,Post latam sententiambe not presented to the Judicatory when the sentence is pronounced: The party shall then immediately after the sentence protest for liberty of Appeal, as he shall see cause; And accordingly within ten dayes shall give in his Appeal in writ under his hand, either to the Judicatory or the Moderator thereof, otherwise the Appeal is not to be respected.
Eodem die 1648. Antemeridiem,Sess. 30.Act discharging deposed or suspended Ministers from any exercise of the Ministery, or medling with the stipend.The Generall Assembly considering that according to the ancient practise and order of this Kirk, the Censure of Suspension and Deposition of Ministers is bothab officioandâ beuoficio, as is also acknowledged by the 20. Act of the Parliament,Anno 1644.And that the continuance of suspended or deposed Ministers in the exercise of the Ministery or in the possession of their stipend hath been & ought to be accompted and censured as a great contempt of the Authority and Censures of the Kirk, Considering[pg 420]also that the continuance of deposed Ministers in the possession of the stipend, is a great prejudice and obstruction to the planting of the vaiking Kirk, and to the service of God there. Therefore do declare and Ordain, That whosoever after the sentence of Deposition pronounced against them, Do either exercise any part of the Ministeriall calling in the places they formerly served in; or elsewhere, or do possesse, meddle, or intromet with the stipend or other benefits whatsoever belonging to these Kirks they served at, They shall be proceeded against with Excommunication; And if any suspended Minister during his suspension, either exercise any part of the Ministeriall Calling, or intromet with the Stipend, That he be Deposed, And after deposition, continuing in either of these faults, That he be processed with Excommunication; But prejudice always to them of their stipend resting for by-gone service and of any recompence due for building or repairing of the Manse according to the ordinary practise. And the Assembly recommends to Presbyteries seriously to be carefull of the putting of this Act in execution.
Act discharging deposed or suspended Ministers from any exercise of the Ministery, or medling with the stipend.The Generall Assembly considering that according to the ancient practise and order of this Kirk, the Censure of Suspension and Deposition of Ministers is bothab officioandâ beuoficio, as is also acknowledged by the 20. Act of the Parliament,Anno 1644.And that the continuance of suspended or deposed Ministers in the exercise of the Ministery or in the possession of their stipend hath been & ought to be accompted and censured as a great contempt of the Authority and Censures of the Kirk, Considering[pg 420]also that the continuance of deposed Ministers in the possession of the stipend, is a great prejudice and obstruction to the planting of the vaiking Kirk, and to the service of God there. Therefore do declare and Ordain, That whosoever after the sentence of Deposition pronounced against them, Do either exercise any part of the Ministeriall calling in the places they formerly served in; or elsewhere, or do possesse, meddle, or intromet with the stipend or other benefits whatsoever belonging to these Kirks they served at, They shall be proceeded against with Excommunication; And if any suspended Minister during his suspension, either exercise any part of the Ministeriall Calling, or intromet with the Stipend, That he be Deposed, And after deposition, continuing in either of these faults, That he be processed with Excommunication; But prejudice always to them of their stipend resting for by-gone service and of any recompence due for building or repairing of the Manse according to the ordinary practise. And the Assembly recommends to Presbyteries seriously to be carefull of the putting of this Act in execution.
The Generall Assembly considering that according to the ancient practise and order of this Kirk, the Censure of Suspension and Deposition of Ministers is bothab officioandâ beuoficio, as is also acknowledged by the 20. Act of the Parliament,Anno 1644.And that the continuance of suspended or deposed Ministers in the exercise of the Ministery or in the possession of their stipend hath been & ought to be accompted and censured as a great contempt of the Authority and Censures of the Kirk, Considering[pg 420]also that the continuance of deposed Ministers in the possession of the stipend, is a great prejudice and obstruction to the planting of the vaiking Kirk, and to the service of God there. Therefore do declare and Ordain, That whosoever after the sentence of Deposition pronounced against them, Do either exercise any part of the Ministeriall calling in the places they formerly served in; or elsewhere, or do possesse, meddle, or intromet with the stipend or other benefits whatsoever belonging to these Kirks they served at, They shall be proceeded against with Excommunication; And if any suspended Minister during his suspension, either exercise any part of the Ministeriall Calling, or intromet with the Stipend, That he be Deposed, And after deposition, continuing in either of these faults, That he be processed with Excommunication; But prejudice always to them of their stipend resting for by-gone service and of any recompence due for building or repairing of the Manse according to the ordinary practise. And the Assembly recommends to Presbyteries seriously to be carefull of the putting of this Act in execution.
August 7. 1648.Antemeridiem.Sess 31.The Assemblies Declaration of the falsehood and forgerie of a lying scandalous Pamphlet put forth under the name of their Reverend Brother MastrAlexander Hendersonafter hes death.The Generall Assembly of this Kirk having seen a Printed Paper, Intituled,The Declaration ofMr. Alexander Hendersonprincipall Minister of the Word of GOD atEdinburghand chief Commissioner from the Kirk ofScotlandto the Parliament and Synod ofEnglandmade upon his death-bed.And taking into their serious consideration how many grosse lies and impudent calumnies are therein contained; Out of the tender respect which they do bear to his name (which ought to be very precious to them and all posterity, for his faithfull[pg 421]service in the great Work of Reformation in these Kingdoms, wherein the Lord was pleased to make him eminently instrumentall) and lest through the malice of some, and ignorance of others the said Pamphlet should gain belief among the weaker sort, They have thought fit to make known and declare concerning the same as followeth.That after due search and tryall they do finde that their worthy brother MasterAlexander Hendersondid from the time of his coming fromLondontoNewcastletil the last moment of his departure out of this life upon all occasions manifest the constancy of his judgement touching the Work of Reformation in these Kingdoms; Namely, in all his discourses and conferences with his Majesty, and with his Brethren who were employed with him in the same Trust atNewcastle, In his Letters to the Commissioners atLondon, and particularly in his last discourse to his Majestie at his departing fromNewcastle, being very weak and greatly decayed in his Naturall strength. When he was come fromNewcastleby sea to this Kingdom, he was in such a weak worn and failed condition, as it was evident to all who saw him, that he was not able to frame any such Declaration, for he was so spent that he died within eight dayes after his arrivall; And all that he was able to speak in that time did clearly shew his judgement of, and affection to the Work of Reformation and Cause of God to be every way the same then, that it was in the beginning and progresse thereof, as divers Reverend Brethren who visited him have declared to this Assembly, and particularly two Brethren, who constantly attended him from the time he came home till his breath expired. A further testimony may be brought from a short Confession of Faith under his hand found amongst his Papers, which is expressed as his last Words, wherein among other mercies he declareth himselfmost of all obliged to the grace and goodnesse of God for calling him to believe the Promises of the Gospel, and for exalting him to be a Preacher of them to others, and to be a willing though weak instrument in this great and wonderful work of Reformation, which he earnestly beseecheth the Lord to bring to a happy conclusion.Other reasons may be added from the levity of the stile and manifest absurdities contained in[pg 422]that Paper. Upon confederation of all which this Assembly doth condemn the said Pamphlet as forged, scandalous, and false, And further Declare the author and contriver of the same void of charity and a good conscience, and a grosse lyar and calumniator led by the Spirit of the accuser of the Brethren.Act for taking the Covenant at the first receiving of the Sacrament of the Lords Supper, & for the receiving of it also by all Students at their first entry to Colledges.The Generall Assembly according to former recommendations, Doth Ordain that all young Students take the Covenant at their first entry to Colledges; And that hereafter all Persons whatsoever take the Covenant at their first receiving the Sacrament of the Lords Supper: Requiring hereby Provinciall Assemblies, Presbyteries and Universities to be carefull that this Act be observed, and accompt thereof taken in the visitation of and particular Kirks, and in the tryall of Presbyteries.
The Assemblies Declaration of the falsehood and forgerie of a lying scandalous Pamphlet put forth under the name of their Reverend Brother MastrAlexander Hendersonafter hes death.The Generall Assembly of this Kirk having seen a Printed Paper, Intituled,The Declaration ofMr. Alexander Hendersonprincipall Minister of the Word of GOD atEdinburghand chief Commissioner from the Kirk ofScotlandto the Parliament and Synod ofEnglandmade upon his death-bed.And taking into their serious consideration how many grosse lies and impudent calumnies are therein contained; Out of the tender respect which they do bear to his name (which ought to be very precious to them and all posterity, for his faithfull[pg 421]service in the great Work of Reformation in these Kingdoms, wherein the Lord was pleased to make him eminently instrumentall) and lest through the malice of some, and ignorance of others the said Pamphlet should gain belief among the weaker sort, They have thought fit to make known and declare concerning the same as followeth.That after due search and tryall they do finde that their worthy brother MasterAlexander Hendersondid from the time of his coming fromLondontoNewcastletil the last moment of his departure out of this life upon all occasions manifest the constancy of his judgement touching the Work of Reformation in these Kingdoms; Namely, in all his discourses and conferences with his Majesty, and with his Brethren who were employed with him in the same Trust atNewcastle, In his Letters to the Commissioners atLondon, and particularly in his last discourse to his Majestie at his departing fromNewcastle, being very weak and greatly decayed in his Naturall strength. When he was come fromNewcastleby sea to this Kingdom, he was in such a weak worn and failed condition, as it was evident to all who saw him, that he was not able to frame any such Declaration, for he was so spent that he died within eight dayes after his arrivall; And all that he was able to speak in that time did clearly shew his judgement of, and affection to the Work of Reformation and Cause of God to be every way the same then, that it was in the beginning and progresse thereof, as divers Reverend Brethren who visited him have declared to this Assembly, and particularly two Brethren, who constantly attended him from the time he came home till his breath expired. A further testimony may be brought from a short Confession of Faith under his hand found amongst his Papers, which is expressed as his last Words, wherein among other mercies he declareth himselfmost of all obliged to the grace and goodnesse of God for calling him to believe the Promises of the Gospel, and for exalting him to be a Preacher of them to others, and to be a willing though weak instrument in this great and wonderful work of Reformation, which he earnestly beseecheth the Lord to bring to a happy conclusion.Other reasons may be added from the levity of the stile and manifest absurdities contained in[pg 422]that Paper. Upon confederation of all which this Assembly doth condemn the said Pamphlet as forged, scandalous, and false, And further Declare the author and contriver of the same void of charity and a good conscience, and a grosse lyar and calumniator led by the Spirit of the accuser of the Brethren.
The Generall Assembly of this Kirk having seen a Printed Paper, Intituled,The Declaration ofMr. Alexander Hendersonprincipall Minister of the Word of GOD atEdinburghand chief Commissioner from the Kirk ofScotlandto the Parliament and Synod ofEnglandmade upon his death-bed.And taking into their serious consideration how many grosse lies and impudent calumnies are therein contained; Out of the tender respect which they do bear to his name (which ought to be very precious to them and all posterity, for his faithfull[pg 421]service in the great Work of Reformation in these Kingdoms, wherein the Lord was pleased to make him eminently instrumentall) and lest through the malice of some, and ignorance of others the said Pamphlet should gain belief among the weaker sort, They have thought fit to make known and declare concerning the same as followeth.
That after due search and tryall they do finde that their worthy brother MasterAlexander Hendersondid from the time of his coming fromLondontoNewcastletil the last moment of his departure out of this life upon all occasions manifest the constancy of his judgement touching the Work of Reformation in these Kingdoms; Namely, in all his discourses and conferences with his Majesty, and with his Brethren who were employed with him in the same Trust atNewcastle, In his Letters to the Commissioners atLondon, and particularly in his last discourse to his Majestie at his departing fromNewcastle, being very weak and greatly decayed in his Naturall strength. When he was come fromNewcastleby sea to this Kingdom, he was in such a weak worn and failed condition, as it was evident to all who saw him, that he was not able to frame any such Declaration, for he was so spent that he died within eight dayes after his arrivall; And all that he was able to speak in that time did clearly shew his judgement of, and affection to the Work of Reformation and Cause of God to be every way the same then, that it was in the beginning and progresse thereof, as divers Reverend Brethren who visited him have declared to this Assembly, and particularly two Brethren, who constantly attended him from the time he came home till his breath expired. A further testimony may be brought from a short Confession of Faith under his hand found amongst his Papers, which is expressed as his last Words, wherein among other mercies he declareth himselfmost of all obliged to the grace and goodnesse of God for calling him to believe the Promises of the Gospel, and for exalting him to be a Preacher of them to others, and to be a willing though weak instrument in this great and wonderful work of Reformation, which he earnestly beseecheth the Lord to bring to a happy conclusion.Other reasons may be added from the levity of the stile and manifest absurdities contained in[pg 422]that Paper. Upon confederation of all which this Assembly doth condemn the said Pamphlet as forged, scandalous, and false, And further Declare the author and contriver of the same void of charity and a good conscience, and a grosse lyar and calumniator led by the Spirit of the accuser of the Brethren.
Act for taking the Covenant at the first receiving of the Sacrament of the Lords Supper, & for the receiving of it also by all Students at their first entry to Colledges.The Generall Assembly according to former recommendations, Doth Ordain that all young Students take the Covenant at their first entry to Colledges; And that hereafter all Persons whatsoever take the Covenant at their first receiving the Sacrament of the Lords Supper: Requiring hereby Provinciall Assemblies, Presbyteries and Universities to be carefull that this Act be observed, and accompt thereof taken in the visitation of and particular Kirks, and in the tryall of Presbyteries.
The Generall Assembly according to former recommendations, Doth Ordain that all young Students take the Covenant at their first entry to Colledges; And that hereafter all Persons whatsoever take the Covenant at their first receiving the Sacrament of the Lords Supper: Requiring hereby Provinciall Assemblies, Presbyteries and Universities to be carefull that this Act be observed, and accompt thereof taken in the visitation of and particular Kirks, and in the tryall of Presbyteries.
Eodem die Postmeridiem,Sess. 32.Act concerning Presbyteries maintaining ofBursars.The Generall Assembly Understanding that the frequent Recommendation of preceding Assemblies for maintaining Bursars, is by many Presbyteries neglected, Do therefore Ordain Synods to crave accompt thereof from Presbyteries at every Provinciall meeting, Which with the Presbyteries answer, shall be put upon record, That so the part both of Presbyteries and Synods and their negligance[pg 423]or diligence in so pious a work may be known by the examination of the Provinciall books to each Generall Assembly.
Act concerning Presbyteries maintaining ofBursars.The Generall Assembly Understanding that the frequent Recommendation of preceding Assemblies for maintaining Bursars, is by many Presbyteries neglected, Do therefore Ordain Synods to crave accompt thereof from Presbyteries at every Provinciall meeting, Which with the Presbyteries answer, shall be put upon record, That so the part both of Presbyteries and Synods and their negligance[pg 423]or diligence in so pious a work may be known by the examination of the Provinciall books to each Generall Assembly.
The Generall Assembly Understanding that the frequent Recommendation of preceding Assemblies for maintaining Bursars, is by many Presbyteries neglected, Do therefore Ordain Synods to crave accompt thereof from Presbyteries at every Provinciall meeting, Which with the Presbyteries answer, shall be put upon record, That so the part both of Presbyteries and Synods and their negligance[pg 423]or diligence in so pious a work may be known by the examination of the Provinciall books to each Generall Assembly.
August 9. 1648.AntemeridiemSess. 25.Act for dis-joyning the Presbyteries ofZetland,from the Provinciall Synod ofOrkneyandCathnes.The Generall Assembly now after exact tryall, finding that the Presbytery ofZetlandcannot meet with the Provinciall ofCathnesandOrknayto which it was adjoyned by an Act of the Assembly 1646. Sess. 11. And that the allowance and dispensation granted in the preceding Assembly for the halfe of their number to keep the meetings of the said Provinciall cannot be observed in respect of the great distance of that Isle by sea from the land, and the dangerousness of the seas there, and of the passage through them, Therefore after hearing the parties interested and serious deliberation of the matter, The Assembly doth hereby Dis-joyn the Presbytery ofZetlandfrom the Provinciall ofCathnesandOrknay, And declares for these reasons, That the said Presbytery is to be hereafter subordinate immediately to the Generall Assembly, For which cause, their Commissioners are to be sent to each Generall Assembly the more carefully, And it is hereby recommended to them that they send to the next Assembly a particular information of the quality and condition of all their Kirks according to the direction of the act of the preceding Assembly Sess. 27. Entituled an act for pressing and furthering the planting of Kirks.
Act for dis-joyning the Presbyteries ofZetland,from the Provinciall Synod ofOrkneyandCathnes.The Generall Assembly now after exact tryall, finding that the Presbytery ofZetlandcannot meet with the Provinciall ofCathnesandOrknayto which it was adjoyned by an Act of the Assembly 1646. Sess. 11. And that the allowance and dispensation granted in the preceding Assembly for the halfe of their number to keep the meetings of the said Provinciall cannot be observed in respect of the great distance of that Isle by sea from the land, and the dangerousness of the seas there, and of the passage through them, Therefore after hearing the parties interested and serious deliberation of the matter, The Assembly doth hereby Dis-joyn the Presbytery ofZetlandfrom the Provinciall ofCathnesandOrknay, And declares for these reasons, That the said Presbytery is to be hereafter subordinate immediately to the Generall Assembly, For which cause, their Commissioners are to be sent to each Generall Assembly the more carefully, And it is hereby recommended to them that they send to the next Assembly a particular information of the quality and condition of all their Kirks according to the direction of the act of the preceding Assembly Sess. 27. Entituled an act for pressing and furthering the planting of Kirks.
The Generall Assembly now after exact tryall, finding that the Presbytery ofZetlandcannot meet with the Provinciall ofCathnesandOrknayto which it was adjoyned by an Act of the Assembly 1646. Sess. 11. And that the allowance and dispensation granted in the preceding Assembly for the halfe of their number to keep the meetings of the said Provinciall cannot be observed in respect of the great distance of that Isle by sea from the land, and the dangerousness of the seas there, and of the passage through them, Therefore after hearing the parties interested and serious deliberation of the matter, The Assembly doth hereby Dis-joyn the Presbytery ofZetlandfrom the Provinciall ofCathnesandOrknay, And declares for these reasons, That the said Presbytery is to be hereafter subordinate immediately to the Generall Assembly, For which cause, their Commissioners are to be sent to each Generall Assembly the more carefully, And it is hereby recommended to them that they send to the next Assembly a particular information of the quality and condition of all their Kirks according to the direction of the act of the preceding Assembly Sess. 27. Entituled an act for pressing and furthering the planting of Kirks.
Aug. 10. 1648.Postmeridiem,Sess. 38.Overtures for the Remedies of the grievous and common Sins of the Land in this present time.The Sins of the Land and the Causes and occasions thereof being considered, The following Remedies of these Sins were propounded.Civill Remedies.For the present, untill the Overtures prepared to be presented to the Parliament, It is to be Recommended to every Congregation to make use of the 9. Act of the Parliament 1645. atPerth,for having Magistrates and Justices in every Congregation, and of the 8. Act of the said Parliament against Swearing, Drinking and mocking of Piety, and all other Acts of Parliament for restraining or punishing of Vice; particularly for the better restraining of the sin of Whoredom that each Magistrate in every Congregation exact and make compt to the Session of fourty Pounds for each Fornicatour and Fornicatrix, of an hundred Merks for each one of their relapse in Fornication, of an hundreth Pounds for each Adulterer and Adulteress according to express Acts of Parliament which is to be exacted of these who may pay it, and the discretion of the Magistrate is to modifie it according to the ability or inability of each Delinquent.Domestick Remedies.1. Let care be taken of concionable receiving of Servants, that they have testimonials of their honest behaviour: And let all such as give testimonials take heed that these to whom they give them, be free of scolding, swearing, lying and such like more common sins, as well as fornication, adultery, drunkenesse, and other grosse and hainous evils; Let the ordinary time of giving Testimonials be in face of Session: And if an extraordinary exigent be: Let it be given by the Minister with[pg 425]consent of the elder of the bounds, wherein the person craving the Testimonial hath resided; If they have fallen or relapsed in scandalous sins, let their Testimonial bear both their fall and Repentance.2. Let care be had that the Worship of God be practised, and Discipline exercised in Families, according to the Directory for Family Worship in all things as was appointed in the General Assembly 1647. especially in the Ministers constant Catechizing of the Family, and in the performance of the Duties of the Sabbath by all the Members thereof.3. Let Persons to be married, and who have Children to be baptized, who are very rude and ignorant, be stirred up and exhorted, as at all times, so especially at that time, to attain some measure of Christian knowledge in the grounds of Religion, that they may give to the Minister, before the Elder of the Bounds wherein they live, some accompt of their knowledge that so they may the better teach their family and train up their Children.4. Let every Family that hath any in it than can read, have a Bible and a Psalm-book, and make use of them; and where none can read, let them be stirred up to traine up their children in reading, and use any other good remedie the Minister and Session can fall on.General Ecclesiastick Remedies.1. Let the Remedies which were given at Perth 1645. and are mentioned in the General Assembly 1646. anent the Sins of Ministers be put in execution.2. Let suspension from the Lords Sacrament be more carefully executed.3. Let Persons relapse in Adultery (or above) quadrilapse in fornication (or above) or often guilty of other grosser scandals, be Excommunicat somewhat more summarly nor in an ordinary processe (except there be more nor ordinary signes, and an eminent measure of Repentance made known to the Session and Presbyterie) both for the hainousness of the sins and continuance therein, and also for terrour to others; And these not to be relaxed from the sentence of Excommunication without evidence, and undeniable signes of Repentance.[pg 426]4. Let unpartial proceeding be used against men of all quality, for their scandalous walking, and in particular for drunkenesse, swearing, and other scandalous sins. And this to be tryed at the Visitation of Kirk.Particular Ecclesiastick Remedies.And 1. against ignorance.1. Let Ministers Catechise one day every week (whereon also they may Baptise and Lecture or Preach) and let them preach every Lords Day both before and after noon, according to former Acts of General Assemblies, Let Presbyteries and Synods be very careful of this; And let every Provincial Book, contain an exact accompt thereof.2. Let Ministers examine all of every quality of whose knowledge they have no certain notice.3. Let young Persons be Catechized by the Minister from the time they are capable of instruction, and let them not be delayed till they be of age to Communicat.4. Let Persons grossly ignorant be debarred from the Communion; for the first and second time, let them be debarred, suppressing their names; for the third time, expressing their names; for the fourth time, bring them to publick repentance; all this is to be understood of those that profit nothing, and labours not for knowledge: But if they be profiting in any measure, or labouring that they may profit, their case is very considerable, they ought to have more forbearance.2. Ecclesiastick Remedies against Prophanesse.1. Let ignorant and scandalous Persons be put off, and kept off Kirk Sessions.2. Let every Elder have a certain bounds assigned to him that he may visit the same every moneth at least, and report to the Session what scandals and abuses are therein, or what persons have entered without Testimonials.3. Let all scandalous persons be suspended from the Lords Supper.4. Let the Minister deal in private with them that are professing publick Repentance before the Elder of the bounds, thus to try the evidence of their Repentance.[pg 427]5. Let these who have fallen in Fornication make publick profession of Repentance three several Sabbaths, who is guilty of relapse in Fornication six Sabbaths, who is guilty of relapse in Fornication, or hath once fallen in Adultery, 26. Sabbaths, and these sins to be confessed both in oneviz.in Sackcloth, Quadrilapse in Fornication and relapse in Adultery, three quarters of a Year, Incest or Murder a Year, or 52. Sabbaths, in case the Magistrate do not his duty in punishing such crimes capitally; They that fall in Fornication or relapses therein, are first to confesse their Sin before the Session, and thereafter before the Congregation; They that are guilty of greater degrees of that Sin and of the other Sins mentioned in this Article, are to confess their Sin both before the Session & Presbyterie, and there to shew some signes of Repentance before they be brought to the Congregation.6. Some are to be rebuked at the time of Catechising, who deserve more nor a privase reproof, and yet needs not to be brought to publick Repentance.7. It will be a good remedie against Sabbath-breaking by Carriers and Travellers, That the Ministers where they dwell cause them to bring Testimonials from the place where they rested on these Lords dayes wherein they were from home.8. Let all Persons who flit from one Paroch to another have sufficient Testimonials, This is to be extended to all Gentlemen and Persons of quality and all their followers, who come to reside with their Families atEdinburgh,or elswhere, and let the Minister from whom they flit, advertise the Minister to whom they flit, if (to his knowledge) they be lying under any scandal.9. Let Ministers be free with Persons of quality for amendment of their faults, and (if need shall be) let them take help thereto of some of the Brethren of the Presbyterie.10. Let the Presbyteries take special notice of Ministers who do converse frequently and familiarly with Malignants, and with scandalous and prophane Persons, especially such as belongs to other Paroches.11. Let privie Censures of Presbyteries and Synods be performed with more Accuracie, Diligence and Zeal.12. For better keeping of the Sabbath, let every Elder take notice of such as are within his bounds, how they keep the[pg 428]Kirk, how the time is spent before, betwixt, and after the time of publick Worship.13. Let no Minister resort to any Excommunicate person without licence from the Presbyterienisi in extremis,and let Ministers take special notice of such persons as haunt with Excommunicants, and processe them.14. Frequent correspondence betwixt presbyteries is a good remedie.15. At the visitation of each Congregation, let the Session Book be well visited, and for that effect, let it be delivered to two or three Brethren seven or eight dayes before the visitation, that their report of it may be in readinesse against the Day of Visitation.The Assembly allows of all these Overtures and Remedies of the Sins of the Land; And Ordains all of them to be carefully and conscionably put in practise.Act for examining the Paraphrase of the Psalms and other Scripturall Songs.The Generall Assembly AppointsRouseParaphrase of the Psalms, with the corrections thereof now given in by the persons appointed by the last Assembly for that purpose, to be sent to Presbyteries, That they may carefully revise and examine the same, and thereafter send them with their corrections to the Commission of this Assembly to be appointed for publick affairs, Who are to have a care to cause reexamine the Animadversions of Presbyteries, and prepare a report to the next Generall Assembly; Intimating hereby, That if Presbyteries be negligent hereof the next General Assembly is to go on & take the same Paraphrase to their consideration without more delay: And the Assembly Recommends to MasterJohn Adamsonand Mr.Thomas Crafurdto revise the Labours of Mr.Zachary Boydupon the other Scripturall Songs, and to prepare a report thereof to the said Commission for publick affairs, That after their[pg 429]examination, the same may be also reported to the next Generall Assembly.Overtures concerning Papists, their children, and Excommunicate Persons.The Generall Assembly considering the manifold inconveniences that follow upon the sending of the children of Noblemen and others of quality to Forraign Countries wherein Popery is professed, especially that thereby such children are in perill to be corrupted with Popery, and so corrupt these Families and Persons to which they belong, whereby that wicked root of damnable Idolatry, Errour and Heresie may again be occasioned to spring up and trouble many, and provoke the most High GOD to wrath, and to cause his Majestie leave this Land to strong delusions to believe lies; Therefore They Do in the name of GOD, Charge and Require all the Presbyteries of this Kingdom to observe and practice the Rules and Directions which are made in former Generall Assemblies for preventing of the said fearfull inconveniences, and namely the Overtures against Papists, non-Communicants, and Profaners of the Sabbath approven in the Generall Assembly held at St.Andrewsin the year of God, 1642. and the Act anent children sent without the Kingdom made in the Generall Assembly atEdinburgh, Anno 1646.And that they use all diligence for putting in execution the Acts of Parliament and secret Councell made against Papists & Excommunicate Persons; And that they register their diligences thereanent in their Presbyterie Booke which are summarily to be recorded in the Synod Books from time to time, That the Generall Assembly may see how these laudable Acts are put in execution, which here are presented with some necessary additions in one view.1. That every Presbyterie give a List of all Excommunicate Papists they know to be within their bounds to the[pg 430]Commissioners of the Generall Assembly, and of all Papists; yea of them also who professe to have renounced Popery, but yet have their children educated abroad, with the names of these children that are abroad, according to the fifth Overture of the Generall Assembly, 1642.2. That every Presbyterie conveen at their first meeting all known Papists within their bounds, and such as having professed to renounce Popery have their children abroad, and cause them finde sufficient caution for bringing home within three moneths such of their children as are without the Kingdom; to be educated in Schools and Colledges at the Presbyteries sight if they be Minors; and to be wrought upon by gracious conference, & other means of instruction to be reclaimed from Popery if they be come to perfect age.3. The Parents, Tutors or Frinds of Children and Minors shall, before they send them without the Kingdom, first acquaint the Presbyterie where they reside, that they may have their Testimoniall directed to the Presbyterie or Classe within the Kingdom or Dominion beyond Seas whither they intend to send their Children; And at the time of these Childrens return, that they report a Testimoniall from the Presbyterie or Synod where they lived without the Kingdom, to the Presbyterie who gave them a Testimonial at their going away, according to the Act anent Children sent without the KingdomAnno 1646.4. That all Presbyteries give the names of such Pædagogs as were abroad with the children of Noblemen within there bounds, and diligently enquire whether these Pædagogs do continue stedfast in the true Religion, and continue in their service, or whither these Pædagogs do either become corrupt in Religion, or (continuing constant) are removed from their charge and by whom they are removed, and that they signifie these things to the Generall Assembly from time to time or their Commissioners, That they may represent the same to the High Court of Parliament, Lords of secret Counsell or Committe of Estates, for such remedie as shall seem expedient to their Honours, for preventing of and purging the land from the plague of Idolatrie.[pg 431]5. That such Parents, Tutors or Friends as either send away Children to forraign parts infected with Idolatry without such Testimonialls as aforesaid, or do not recall them who are already abroad within such time as is above prefixed, or do remove from them their Protestant Pædagogs (that they may the more easily be infected with Popery) be processed and in case of not amending these things, be Excommunicated.6. That the names of such as are Excommunicated for these or any other causes, be sent in to the Generall Assembly from year to year, that (from thence) their names may be notified in all the Kingdom, and that the Acts of Parliament and secret Counsell may be put to execution against them, and all diligence used for that effect; and that by the effectuall dealing of the Generall Assembly, with the Parliament, Lords of secret Counsell, or Committee of Estates, their Lordships may Enact such further, just and severe civill Punishment on such Excommunicants for Terror to others, as shall be found necessary for purging this Covenanted Land from all Abominations.Because persons addicted to Idolatry will use all means for their own hardening in their Superstitious and Idolatrous way, even within the Countrey; Therefore all known Papists, or persons suspect of Poperie upon probable grounds are to finde Caution before their Presbyteries, for their abstinence from Masse, and from the Company of all Jesuits, and Priests according to the second Overture against Papists, madeAnno 1642.Also Presbyteries are to presse them to finde such Caution; And to observe what persons put their Sons or Daughters to such Families as are tainted with Popery within the Land, the same being a speciall mean to corrupt them with Idolatry, And to cause such Parents recall their Children, or else proceed with the Censures of the Kirk against them.All which Overtures, Presbyteries are seriously required and Ordained to observe diligently with Certification, That they shall be severely censured, If they shall be found remisse or negligent in any of these points, which are so[pg 432]necessary for keeping of the Lords House and People unpoluted with Error, Idolatry, or Superstition.
Overtures for the Remedies of the grievous and common Sins of the Land in this present time.The Sins of the Land and the Causes and occasions thereof being considered, The following Remedies of these Sins were propounded.Civill Remedies.For the present, untill the Overtures prepared to be presented to the Parliament, It is to be Recommended to every Congregation to make use of the 9. Act of the Parliament 1645. atPerth,for having Magistrates and Justices in every Congregation, and of the 8. Act of the said Parliament against Swearing, Drinking and mocking of Piety, and all other Acts of Parliament for restraining or punishing of Vice; particularly for the better restraining of the sin of Whoredom that each Magistrate in every Congregation exact and make compt to the Session of fourty Pounds for each Fornicatour and Fornicatrix, of an hundred Merks for each one of their relapse in Fornication, of an hundreth Pounds for each Adulterer and Adulteress according to express Acts of Parliament which is to be exacted of these who may pay it, and the discretion of the Magistrate is to modifie it according to the ability or inability of each Delinquent.Domestick Remedies.1. Let care be taken of concionable receiving of Servants, that they have testimonials of their honest behaviour: And let all such as give testimonials take heed that these to whom they give them, be free of scolding, swearing, lying and such like more common sins, as well as fornication, adultery, drunkenesse, and other grosse and hainous evils; Let the ordinary time of giving Testimonials be in face of Session: And if an extraordinary exigent be: Let it be given by the Minister with[pg 425]consent of the elder of the bounds, wherein the person craving the Testimonial hath resided; If they have fallen or relapsed in scandalous sins, let their Testimonial bear both their fall and Repentance.2. Let care be had that the Worship of God be practised, and Discipline exercised in Families, according to the Directory for Family Worship in all things as was appointed in the General Assembly 1647. especially in the Ministers constant Catechizing of the Family, and in the performance of the Duties of the Sabbath by all the Members thereof.3. Let Persons to be married, and who have Children to be baptized, who are very rude and ignorant, be stirred up and exhorted, as at all times, so especially at that time, to attain some measure of Christian knowledge in the grounds of Religion, that they may give to the Minister, before the Elder of the Bounds wherein they live, some accompt of their knowledge that so they may the better teach their family and train up their Children.4. Let every Family that hath any in it than can read, have a Bible and a Psalm-book, and make use of them; and where none can read, let them be stirred up to traine up their children in reading, and use any other good remedie the Minister and Session can fall on.General Ecclesiastick Remedies.1. Let the Remedies which were given at Perth 1645. and are mentioned in the General Assembly 1646. anent the Sins of Ministers be put in execution.2. Let suspension from the Lords Sacrament be more carefully executed.3. Let Persons relapse in Adultery (or above) quadrilapse in fornication (or above) or often guilty of other grosser scandals, be Excommunicat somewhat more summarly nor in an ordinary processe (except there be more nor ordinary signes, and an eminent measure of Repentance made known to the Session and Presbyterie) both for the hainousness of the sins and continuance therein, and also for terrour to others; And these not to be relaxed from the sentence of Excommunication without evidence, and undeniable signes of Repentance.[pg 426]4. Let unpartial proceeding be used against men of all quality, for their scandalous walking, and in particular for drunkenesse, swearing, and other scandalous sins. And this to be tryed at the Visitation of Kirk.Particular Ecclesiastick Remedies.And 1. against ignorance.1. Let Ministers Catechise one day every week (whereon also they may Baptise and Lecture or Preach) and let them preach every Lords Day both before and after noon, according to former Acts of General Assemblies, Let Presbyteries and Synods be very careful of this; And let every Provincial Book, contain an exact accompt thereof.2. Let Ministers examine all of every quality of whose knowledge they have no certain notice.3. Let young Persons be Catechized by the Minister from the time they are capable of instruction, and let them not be delayed till they be of age to Communicat.4. Let Persons grossly ignorant be debarred from the Communion; for the first and second time, let them be debarred, suppressing their names; for the third time, expressing their names; for the fourth time, bring them to publick repentance; all this is to be understood of those that profit nothing, and labours not for knowledge: But if they be profiting in any measure, or labouring that they may profit, their case is very considerable, they ought to have more forbearance.2. Ecclesiastick Remedies against Prophanesse.1. Let ignorant and scandalous Persons be put off, and kept off Kirk Sessions.2. Let every Elder have a certain bounds assigned to him that he may visit the same every moneth at least, and report to the Session what scandals and abuses are therein, or what persons have entered without Testimonials.3. Let all scandalous persons be suspended from the Lords Supper.4. Let the Minister deal in private with them that are professing publick Repentance before the Elder of the bounds, thus to try the evidence of their Repentance.[pg 427]5. Let these who have fallen in Fornication make publick profession of Repentance three several Sabbaths, who is guilty of relapse in Fornication six Sabbaths, who is guilty of relapse in Fornication, or hath once fallen in Adultery, 26. Sabbaths, and these sins to be confessed both in oneviz.in Sackcloth, Quadrilapse in Fornication and relapse in Adultery, three quarters of a Year, Incest or Murder a Year, or 52. Sabbaths, in case the Magistrate do not his duty in punishing such crimes capitally; They that fall in Fornication or relapses therein, are first to confesse their Sin before the Session, and thereafter before the Congregation; They that are guilty of greater degrees of that Sin and of the other Sins mentioned in this Article, are to confess their Sin both before the Session & Presbyterie, and there to shew some signes of Repentance before they be brought to the Congregation.6. Some are to be rebuked at the time of Catechising, who deserve more nor a privase reproof, and yet needs not to be brought to publick Repentance.7. It will be a good remedie against Sabbath-breaking by Carriers and Travellers, That the Ministers where they dwell cause them to bring Testimonials from the place where they rested on these Lords dayes wherein they were from home.8. Let all Persons who flit from one Paroch to another have sufficient Testimonials, This is to be extended to all Gentlemen and Persons of quality and all their followers, who come to reside with their Families atEdinburgh,or elswhere, and let the Minister from whom they flit, advertise the Minister to whom they flit, if (to his knowledge) they be lying under any scandal.9. Let Ministers be free with Persons of quality for amendment of their faults, and (if need shall be) let them take help thereto of some of the Brethren of the Presbyterie.10. Let the Presbyteries take special notice of Ministers who do converse frequently and familiarly with Malignants, and with scandalous and prophane Persons, especially such as belongs to other Paroches.11. Let privie Censures of Presbyteries and Synods be performed with more Accuracie, Diligence and Zeal.12. For better keeping of the Sabbath, let every Elder take notice of such as are within his bounds, how they keep the[pg 428]Kirk, how the time is spent before, betwixt, and after the time of publick Worship.13. Let no Minister resort to any Excommunicate person without licence from the Presbyterienisi in extremis,and let Ministers take special notice of such persons as haunt with Excommunicants, and processe them.14. Frequent correspondence betwixt presbyteries is a good remedie.15. At the visitation of each Congregation, let the Session Book be well visited, and for that effect, let it be delivered to two or three Brethren seven or eight dayes before the visitation, that their report of it may be in readinesse against the Day of Visitation.The Assembly allows of all these Overtures and Remedies of the Sins of the Land; And Ordains all of them to be carefully and conscionably put in practise.
The Sins of the Land and the Causes and occasions thereof being considered, The following Remedies of these Sins were propounded.
Civill Remedies.
For the present, untill the Overtures prepared to be presented to the Parliament, It is to be Recommended to every Congregation to make use of the 9. Act of the Parliament 1645. atPerth,for having Magistrates and Justices in every Congregation, and of the 8. Act of the said Parliament against Swearing, Drinking and mocking of Piety, and all other Acts of Parliament for restraining or punishing of Vice; particularly for the better restraining of the sin of Whoredom that each Magistrate in every Congregation exact and make compt to the Session of fourty Pounds for each Fornicatour and Fornicatrix, of an hundred Merks for each one of their relapse in Fornication, of an hundreth Pounds for each Adulterer and Adulteress according to express Acts of Parliament which is to be exacted of these who may pay it, and the discretion of the Magistrate is to modifie it according to the ability or inability of each Delinquent.
Domestick Remedies.
1. Let care be taken of concionable receiving of Servants, that they have testimonials of their honest behaviour: And let all such as give testimonials take heed that these to whom they give them, be free of scolding, swearing, lying and such like more common sins, as well as fornication, adultery, drunkenesse, and other grosse and hainous evils; Let the ordinary time of giving Testimonials be in face of Session: And if an extraordinary exigent be: Let it be given by the Minister with[pg 425]consent of the elder of the bounds, wherein the person craving the Testimonial hath resided; If they have fallen or relapsed in scandalous sins, let their Testimonial bear both their fall and Repentance.
2. Let care be had that the Worship of God be practised, and Discipline exercised in Families, according to the Directory for Family Worship in all things as was appointed in the General Assembly 1647. especially in the Ministers constant Catechizing of the Family, and in the performance of the Duties of the Sabbath by all the Members thereof.
3. Let Persons to be married, and who have Children to be baptized, who are very rude and ignorant, be stirred up and exhorted, as at all times, so especially at that time, to attain some measure of Christian knowledge in the grounds of Religion, that they may give to the Minister, before the Elder of the Bounds wherein they live, some accompt of their knowledge that so they may the better teach their family and train up their Children.
4. Let every Family that hath any in it than can read, have a Bible and a Psalm-book, and make use of them; and where none can read, let them be stirred up to traine up their children in reading, and use any other good remedie the Minister and Session can fall on.
General Ecclesiastick Remedies.
1. Let the Remedies which were given at Perth 1645. and are mentioned in the General Assembly 1646. anent the Sins of Ministers be put in execution.
2. Let suspension from the Lords Sacrament be more carefully executed.
3. Let Persons relapse in Adultery (or above) quadrilapse in fornication (or above) or often guilty of other grosser scandals, be Excommunicat somewhat more summarly nor in an ordinary processe (except there be more nor ordinary signes, and an eminent measure of Repentance made known to the Session and Presbyterie) both for the hainousness of the sins and continuance therein, and also for terrour to others; And these not to be relaxed from the sentence of Excommunication without evidence, and undeniable signes of Repentance.
4. Let unpartial proceeding be used against men of all quality, for their scandalous walking, and in particular for drunkenesse, swearing, and other scandalous sins. And this to be tryed at the Visitation of Kirk.
Particular Ecclesiastick Remedies.
And 1. against ignorance.
1. Let Ministers Catechise one day every week (whereon also they may Baptise and Lecture or Preach) and let them preach every Lords Day both before and after noon, according to former Acts of General Assemblies, Let Presbyteries and Synods be very careful of this; And let every Provincial Book, contain an exact accompt thereof.
2. Let Ministers examine all of every quality of whose knowledge they have no certain notice.
3. Let young Persons be Catechized by the Minister from the time they are capable of instruction, and let them not be delayed till they be of age to Communicat.
4. Let Persons grossly ignorant be debarred from the Communion; for the first and second time, let them be debarred, suppressing their names; for the third time, expressing their names; for the fourth time, bring them to publick repentance; all this is to be understood of those that profit nothing, and labours not for knowledge: But if they be profiting in any measure, or labouring that they may profit, their case is very considerable, they ought to have more forbearance.
2. Ecclesiastick Remedies against Prophanesse.
1. Let ignorant and scandalous Persons be put off, and kept off Kirk Sessions.
2. Let every Elder have a certain bounds assigned to him that he may visit the same every moneth at least, and report to the Session what scandals and abuses are therein, or what persons have entered without Testimonials.
3. Let all scandalous persons be suspended from the Lords Supper.
4. Let the Minister deal in private with them that are professing publick Repentance before the Elder of the bounds, thus to try the evidence of their Repentance.
5. Let these who have fallen in Fornication make publick profession of Repentance three several Sabbaths, who is guilty of relapse in Fornication six Sabbaths, who is guilty of relapse in Fornication, or hath once fallen in Adultery, 26. Sabbaths, and these sins to be confessed both in oneviz.in Sackcloth, Quadrilapse in Fornication and relapse in Adultery, three quarters of a Year, Incest or Murder a Year, or 52. Sabbaths, in case the Magistrate do not his duty in punishing such crimes capitally; They that fall in Fornication or relapses therein, are first to confesse their Sin before the Session, and thereafter before the Congregation; They that are guilty of greater degrees of that Sin and of the other Sins mentioned in this Article, are to confess their Sin both before the Session & Presbyterie, and there to shew some signes of Repentance before they be brought to the Congregation.
6. Some are to be rebuked at the time of Catechising, who deserve more nor a privase reproof, and yet needs not to be brought to publick Repentance.
7. It will be a good remedie against Sabbath-breaking by Carriers and Travellers, That the Ministers where they dwell cause them to bring Testimonials from the place where they rested on these Lords dayes wherein they were from home.
8. Let all Persons who flit from one Paroch to another have sufficient Testimonials, This is to be extended to all Gentlemen and Persons of quality and all their followers, who come to reside with their Families atEdinburgh,or elswhere, and let the Minister from whom they flit, advertise the Minister to whom they flit, if (to his knowledge) they be lying under any scandal.
9. Let Ministers be free with Persons of quality for amendment of their faults, and (if need shall be) let them take help thereto of some of the Brethren of the Presbyterie.
10. Let the Presbyteries take special notice of Ministers who do converse frequently and familiarly with Malignants, and with scandalous and prophane Persons, especially such as belongs to other Paroches.
11. Let privie Censures of Presbyteries and Synods be performed with more Accuracie, Diligence and Zeal.
12. For better keeping of the Sabbath, let every Elder take notice of such as are within his bounds, how they keep the[pg 428]Kirk, how the time is spent before, betwixt, and after the time of publick Worship.
13. Let no Minister resort to any Excommunicate person without licence from the Presbyterienisi in extremis,and let Ministers take special notice of such persons as haunt with Excommunicants, and processe them.
14. Frequent correspondence betwixt presbyteries is a good remedie.
15. At the visitation of each Congregation, let the Session Book be well visited, and for that effect, let it be delivered to two or three Brethren seven or eight dayes before the visitation, that their report of it may be in readinesse against the Day of Visitation.
The Assembly allows of all these Overtures and Remedies of the Sins of the Land; And Ordains all of them to be carefully and conscionably put in practise.
Act for examining the Paraphrase of the Psalms and other Scripturall Songs.The Generall Assembly AppointsRouseParaphrase of the Psalms, with the corrections thereof now given in by the persons appointed by the last Assembly for that purpose, to be sent to Presbyteries, That they may carefully revise and examine the same, and thereafter send them with their corrections to the Commission of this Assembly to be appointed for publick affairs, Who are to have a care to cause reexamine the Animadversions of Presbyteries, and prepare a report to the next Generall Assembly; Intimating hereby, That if Presbyteries be negligent hereof the next General Assembly is to go on & take the same Paraphrase to their consideration without more delay: And the Assembly Recommends to MasterJohn Adamsonand Mr.Thomas Crafurdto revise the Labours of Mr.Zachary Boydupon the other Scripturall Songs, and to prepare a report thereof to the said Commission for publick affairs, That after their[pg 429]examination, the same may be also reported to the next Generall Assembly.
The Generall Assembly AppointsRouseParaphrase of the Psalms, with the corrections thereof now given in by the persons appointed by the last Assembly for that purpose, to be sent to Presbyteries, That they may carefully revise and examine the same, and thereafter send them with their corrections to the Commission of this Assembly to be appointed for publick affairs, Who are to have a care to cause reexamine the Animadversions of Presbyteries, and prepare a report to the next Generall Assembly; Intimating hereby, That if Presbyteries be negligent hereof the next General Assembly is to go on & take the same Paraphrase to their consideration without more delay: And the Assembly Recommends to MasterJohn Adamsonand Mr.Thomas Crafurdto revise the Labours of Mr.Zachary Boydupon the other Scripturall Songs, and to prepare a report thereof to the said Commission for publick affairs, That after their[pg 429]examination, the same may be also reported to the next Generall Assembly.
Overtures concerning Papists, their children, and Excommunicate Persons.The Generall Assembly considering the manifold inconveniences that follow upon the sending of the children of Noblemen and others of quality to Forraign Countries wherein Popery is professed, especially that thereby such children are in perill to be corrupted with Popery, and so corrupt these Families and Persons to which they belong, whereby that wicked root of damnable Idolatry, Errour and Heresie may again be occasioned to spring up and trouble many, and provoke the most High GOD to wrath, and to cause his Majestie leave this Land to strong delusions to believe lies; Therefore They Do in the name of GOD, Charge and Require all the Presbyteries of this Kingdom to observe and practice the Rules and Directions which are made in former Generall Assemblies for preventing of the said fearfull inconveniences, and namely the Overtures against Papists, non-Communicants, and Profaners of the Sabbath approven in the Generall Assembly held at St.Andrewsin the year of God, 1642. and the Act anent children sent without the Kingdom made in the Generall Assembly atEdinburgh, Anno 1646.And that they use all diligence for putting in execution the Acts of Parliament and secret Councell made against Papists & Excommunicate Persons; And that they register their diligences thereanent in their Presbyterie Booke which are summarily to be recorded in the Synod Books from time to time, That the Generall Assembly may see how these laudable Acts are put in execution, which here are presented with some necessary additions in one view.1. That every Presbyterie give a List of all Excommunicate Papists they know to be within their bounds to the[pg 430]Commissioners of the Generall Assembly, and of all Papists; yea of them also who professe to have renounced Popery, but yet have their children educated abroad, with the names of these children that are abroad, according to the fifth Overture of the Generall Assembly, 1642.2. That every Presbyterie conveen at their first meeting all known Papists within their bounds, and such as having professed to renounce Popery have their children abroad, and cause them finde sufficient caution for bringing home within three moneths such of their children as are without the Kingdom; to be educated in Schools and Colledges at the Presbyteries sight if they be Minors; and to be wrought upon by gracious conference, & other means of instruction to be reclaimed from Popery if they be come to perfect age.3. The Parents, Tutors or Frinds of Children and Minors shall, before they send them without the Kingdom, first acquaint the Presbyterie where they reside, that they may have their Testimoniall directed to the Presbyterie or Classe within the Kingdom or Dominion beyond Seas whither they intend to send their Children; And at the time of these Childrens return, that they report a Testimoniall from the Presbyterie or Synod where they lived without the Kingdom, to the Presbyterie who gave them a Testimonial at their going away, according to the Act anent Children sent without the KingdomAnno 1646.4. That all Presbyteries give the names of such Pædagogs as were abroad with the children of Noblemen within there bounds, and diligently enquire whether these Pædagogs do continue stedfast in the true Religion, and continue in their service, or whither these Pædagogs do either become corrupt in Religion, or (continuing constant) are removed from their charge and by whom they are removed, and that they signifie these things to the Generall Assembly from time to time or their Commissioners, That they may represent the same to the High Court of Parliament, Lords of secret Counsell or Committe of Estates, for such remedie as shall seem expedient to their Honours, for preventing of and purging the land from the plague of Idolatrie.[pg 431]5. That such Parents, Tutors or Friends as either send away Children to forraign parts infected with Idolatry without such Testimonialls as aforesaid, or do not recall them who are already abroad within such time as is above prefixed, or do remove from them their Protestant Pædagogs (that they may the more easily be infected with Popery) be processed and in case of not amending these things, be Excommunicated.6. That the names of such as are Excommunicated for these or any other causes, be sent in to the Generall Assembly from year to year, that (from thence) their names may be notified in all the Kingdom, and that the Acts of Parliament and secret Counsell may be put to execution against them, and all diligence used for that effect; and that by the effectuall dealing of the Generall Assembly, with the Parliament, Lords of secret Counsell, or Committee of Estates, their Lordships may Enact such further, just and severe civill Punishment on such Excommunicants for Terror to others, as shall be found necessary for purging this Covenanted Land from all Abominations.Because persons addicted to Idolatry will use all means for their own hardening in their Superstitious and Idolatrous way, even within the Countrey; Therefore all known Papists, or persons suspect of Poperie upon probable grounds are to finde Caution before their Presbyteries, for their abstinence from Masse, and from the Company of all Jesuits, and Priests according to the second Overture against Papists, madeAnno 1642.Also Presbyteries are to presse them to finde such Caution; And to observe what persons put their Sons or Daughters to such Families as are tainted with Popery within the Land, the same being a speciall mean to corrupt them with Idolatry, And to cause such Parents recall their Children, or else proceed with the Censures of the Kirk against them.All which Overtures, Presbyteries are seriously required and Ordained to observe diligently with Certification, That they shall be severely censured, If they shall be found remisse or negligent in any of these points, which are so[pg 432]necessary for keeping of the Lords House and People unpoluted with Error, Idolatry, or Superstition.
The Generall Assembly considering the manifold inconveniences that follow upon the sending of the children of Noblemen and others of quality to Forraign Countries wherein Popery is professed, especially that thereby such children are in perill to be corrupted with Popery, and so corrupt these Families and Persons to which they belong, whereby that wicked root of damnable Idolatry, Errour and Heresie may again be occasioned to spring up and trouble many, and provoke the most High GOD to wrath, and to cause his Majestie leave this Land to strong delusions to believe lies; Therefore They Do in the name of GOD, Charge and Require all the Presbyteries of this Kingdom to observe and practice the Rules and Directions which are made in former Generall Assemblies for preventing of the said fearfull inconveniences, and namely the Overtures against Papists, non-Communicants, and Profaners of the Sabbath approven in the Generall Assembly held at St.Andrewsin the year of God, 1642. and the Act anent children sent without the Kingdom made in the Generall Assembly atEdinburgh, Anno 1646.And that they use all diligence for putting in execution the Acts of Parliament and secret Councell made against Papists & Excommunicate Persons; And that they register their diligences thereanent in their Presbyterie Booke which are summarily to be recorded in the Synod Books from time to time, That the Generall Assembly may see how these laudable Acts are put in execution, which here are presented with some necessary additions in one view.
1. That every Presbyterie give a List of all Excommunicate Papists they know to be within their bounds to the[pg 430]Commissioners of the Generall Assembly, and of all Papists; yea of them also who professe to have renounced Popery, but yet have their children educated abroad, with the names of these children that are abroad, according to the fifth Overture of the Generall Assembly, 1642.
2. That every Presbyterie conveen at their first meeting all known Papists within their bounds, and such as having professed to renounce Popery have their children abroad, and cause them finde sufficient caution for bringing home within three moneths such of their children as are without the Kingdom; to be educated in Schools and Colledges at the Presbyteries sight if they be Minors; and to be wrought upon by gracious conference, & other means of instruction to be reclaimed from Popery if they be come to perfect age.
3. The Parents, Tutors or Frinds of Children and Minors shall, before they send them without the Kingdom, first acquaint the Presbyterie where they reside, that they may have their Testimoniall directed to the Presbyterie or Classe within the Kingdom or Dominion beyond Seas whither they intend to send their Children; And at the time of these Childrens return, that they report a Testimoniall from the Presbyterie or Synod where they lived without the Kingdom, to the Presbyterie who gave them a Testimonial at their going away, according to the Act anent Children sent without the KingdomAnno 1646.
4. That all Presbyteries give the names of such Pædagogs as were abroad with the children of Noblemen within there bounds, and diligently enquire whether these Pædagogs do continue stedfast in the true Religion, and continue in their service, or whither these Pædagogs do either become corrupt in Religion, or (continuing constant) are removed from their charge and by whom they are removed, and that they signifie these things to the Generall Assembly from time to time or their Commissioners, That they may represent the same to the High Court of Parliament, Lords of secret Counsell or Committe of Estates, for such remedie as shall seem expedient to their Honours, for preventing of and purging the land from the plague of Idolatrie.
5. That such Parents, Tutors or Friends as either send away Children to forraign parts infected with Idolatry without such Testimonialls as aforesaid, or do not recall them who are already abroad within such time as is above prefixed, or do remove from them their Protestant Pædagogs (that they may the more easily be infected with Popery) be processed and in case of not amending these things, be Excommunicated.
6. That the names of such as are Excommunicated for these or any other causes, be sent in to the Generall Assembly from year to year, that (from thence) their names may be notified in all the Kingdom, and that the Acts of Parliament and secret Counsell may be put to execution against them, and all diligence used for that effect; and that by the effectuall dealing of the Generall Assembly, with the Parliament, Lords of secret Counsell, or Committee of Estates, their Lordships may Enact such further, just and severe civill Punishment on such Excommunicants for Terror to others, as shall be found necessary for purging this Covenanted Land from all Abominations.
Because persons addicted to Idolatry will use all means for their own hardening in their Superstitious and Idolatrous way, even within the Countrey; Therefore all known Papists, or persons suspect of Poperie upon probable grounds are to finde Caution before their Presbyteries, for their abstinence from Masse, and from the Company of all Jesuits, and Priests according to the second Overture against Papists, madeAnno 1642.Also Presbyteries are to presse them to finde such Caution; And to observe what persons put their Sons or Daughters to such Families as are tainted with Popery within the Land, the same being a speciall mean to corrupt them with Idolatry, And to cause such Parents recall their Children, or else proceed with the Censures of the Kirk against them.
All which Overtures, Presbyteries are seriously required and Ordained to observe diligently with Certification, That they shall be severely censured, If they shall be found remisse or negligent in any of these points, which are so[pg 432]necessary for keeping of the Lords House and People unpoluted with Error, Idolatry, or Superstition.
Aug. 11. 1648Antemeridiem,Sess. 39.Act for prosecuting the Treaty for the Uniformity in Religion in the Kingdom of England.The Generall Assembly, Taking to their consideration that the Treaty of Uniformity in Religion in all His Majesties Dominions is not yet perfected; Therefore, Renews the power and Commission granted by preceeding Assemblies for prosecuting that Treaty unto these Persons after-namedviz.MrRobert Douglas, MrSamuel Rutherford, MrRobert Baillie, MrGeorge Gillespie, Ministers. AndJohn Earle ofCassils,John Lord Balmerinoch, and Sir.Arch. Johnston of WaristonElders; Authorizing them with full power to prosecute the said Treaty of Uniformity with the Honourable Houses of the Parliament ofEngland, and the Reverend Assembly of Divines there, or any Committees Appointed by them: And to do all and every thing which may advance, perfect, and bring that Treaty to an happie conclusion, conform to the Commissions given thereanent.Act Renewing the Commission for the publick Affairs of this Kirk.The Generall Assembly Taking to their consideration, that in respect the great work of Uniformity in Religion in all his Majesties Dominions is not yet perfected (though by the Lords blessing there is a good progress made in the same) There is a necessity of renewing the Commissions granted formerly for prosecuting and perfecting that great Work; Do therefore Renew the Power and Commission granted for the Publick Affairs of the Kirk by the Generall Assemblies held at SaintAndrews, 1642. and[pg 433]atEdinburgh1643. 1644. 1645. 1646. and 1647. unto the persons followingvizMasters,John Lawder, Andrew Wood, David Calderwood, Robert Ker, John Mackghie, John Knox, John Sinclar, John Adamson, Robert Dowglas, George Gillespie, James Hamiltoun, Mungo Law, John Smith, Robert Lawrie, George Lesly, John Weir, Robert Eliot, Alexander Dickson, Patrick Fleeming, Thomas Vassie, Ephraim Melvil, Hew Kennedie, Kenneth Logie, Alexander Levistoun, George Bennet, David Weems, William Row, Robert Young, William Menzies, John Friebaine, John Givan, Harie Guthrie, Andrew Rind, David Auchterlony, Samuel Ousteen, Thomas Henderson, Charles Archibald, Andrew Lawder, John Leviston, John Macklellan, Alexander Turnbull, William Fullerton, George Hutcheson, John Genell, Patrick Colvill, James Ferguson, Hew Peebles, John Hamiltoun, Alexander Dunlope, David Elphiston, David Dickson, Robert Baillie, Robert Ramsay, Patrick Gillespie, Patrick Sharpe, James Nasunth, John Home, Evan Camron, Robert Blair, Samuel Rutherfurd, David Forret, Robert Traill, Andrew Bennett, Walter Greg, John Macgill younger, John Moncreiff, Fredrick Carmichael, John Chalmers, John Duncan, Andrew Donaldson, Will Oliphant, George Simmer, Andrew Affleck, Arthur Granger, David Strachen, Andrew Cant, John Rex, John Paterson, Alexander Cant, John Young, John Seaton, David Lindsayat Bethelvie,Nothaniel Martine, John Annand, William Falconer, Joseph Brodie, Alexander Summer, William Chalmer, Gilbert Anderson, David Rosse, George Gray, Robert Knox, William Penman, James Guthrie, Thomas Donaldson, William Jameson, Thomas Wilkie, James Ker, John Knox, Andrew DunkansonMinisters:ArchibaldMarques of Argyle,AlexanderEarle of Eglintoun,JohnEarle of Cassils.WilliamEarle of Lothian,ArchibaldLord Angus,WilliamLord Borthwick,JohnLord Torphichen,JohnLord Balmerino,RobertLord Burly,JamesLord Couper, Lord Kilcudbright,AlexanderLord Elcho, SirArchibald Johnstounof Wariston. SirJohn Hopeof Craighall,Arthur Erskinof Scotskraig, SirJohn Moncreiffof that Ilk,Boatonof Creigh, SirJohn Wauchhopeof Midrie, SirThomas Ruthvenof Frieland, SirGeorge Maxwellof Netherpollock, SirJames Fraserof Brae, SirJames Hackactof Pitfirn, Sir[pg 434]William Carmichaellyounger of that ilk,Walter Dundasyounger of that ilk,Thomas Craigof Ricarton, MrGeorge Winrainof Liberton, SirAlexander Ingilsof Ingilston,Alexander Brodieof that ilk,Forbesof Eight,Will. Moreof Glanderston,John Kerof Lochtour,Alex Pringillof Whitbanck,Walter Scotof Whitstyid,John Crafurdof Crafurdland, SirJohn Chislyof Carswell,Robert Monroeof Obsteall,Cornwallof Bonhard,George Dundasof Dudingston, SirJames Stewartof Kirkfield,Alexander Colvilof the Blair, MrAlex. Petrson, MrRobert Burnetyounger, MrThomas Murray, George Potterfield,MrJames Campbell, James Hamilton, Lawrence Henderson,MrRobert Barcclay, MrWilliam More, William GlendoningDoctor,Douglas, James Sword, Gideon Lack, MrDongall Campbell, John Besrall, John Brown, William Brown, Robert Brown, andWilliam Russel, Elders: Giving unto them full Power and Commission, to do all and every thing for preservation of the Established Doctrine, Discipline, Worship and Government of this Kirk, against all who shall endeavour to introduce any thing contrary thereunto, and for prosecuting, advancing, perfecting & bringing the said Work of Uniformity in Religion in all His Majesties Dominions to a happy conclusion, conform to the former Commissions granted by proceeding Assemblies thereanent, And to that effect Appoints them, or any seventeen of them, whereof thirteen shall be Ministers to meet here in this City to morrow the 12. of this Moneth, And thereafter upon the last Wednesday ofNovember, February, andMaynext, and upon any other day, and in any other place they shall think fit. Renewing also to the persons before named the power contained in the Act of the Assembly 1643. Intituled, AReference to the Commission anent the Persons designed to repair to the Kingdom of England.And further, incase Delinquents have no constant residence in any one Presbyterie, or if Presbyteries be negligent or overawed, in these cases, The Assembly gives to the persons before named, such power of censuring complyers and persons disaffected to the Covenant according to the Acts of the Assembly, declaring alwayes and providing, that Ministers shall not be deposed, but in one of the quarterly[pg 435]meetings of this Commission, And further Authorises them as formerly with full power to make Supplications, Remonstrances, Declarations & Warnings to Indict Fasts & Thanksgivings as there shall be cause to Protest against all encroachments upon the Liberties of the Kirk, and to censure all such as interupt this Commission or any other Church Judicatory, or the execution of their Censures or of any other Sentences or Acts, issuing from them, And with full power to them to treat and determine in the matters referred unto them by this Assembly, as fully and freely as if the same were here fully expressed, and with as ample power as any Commission of any former Generall Assemblies hath had or been in use of before: Declaring also that all opposers of the authority of this Commission in matters intrusted to them shall be holden as opposers of the authority of the Generall Assembly, And this Commission in their whole proceedings are comptable to, and censurable by the next General Assembly.
Act for prosecuting the Treaty for the Uniformity in Religion in the Kingdom of England.The Generall Assembly, Taking to their consideration that the Treaty of Uniformity in Religion in all His Majesties Dominions is not yet perfected; Therefore, Renews the power and Commission granted by preceeding Assemblies for prosecuting that Treaty unto these Persons after-namedviz.MrRobert Douglas, MrSamuel Rutherford, MrRobert Baillie, MrGeorge Gillespie, Ministers. AndJohn Earle ofCassils,John Lord Balmerinoch, and Sir.Arch. Johnston of WaristonElders; Authorizing them with full power to prosecute the said Treaty of Uniformity with the Honourable Houses of the Parliament ofEngland, and the Reverend Assembly of Divines there, or any Committees Appointed by them: And to do all and every thing which may advance, perfect, and bring that Treaty to an happie conclusion, conform to the Commissions given thereanent.
The Generall Assembly, Taking to their consideration that the Treaty of Uniformity in Religion in all His Majesties Dominions is not yet perfected; Therefore, Renews the power and Commission granted by preceeding Assemblies for prosecuting that Treaty unto these Persons after-namedviz.MrRobert Douglas, MrSamuel Rutherford, MrRobert Baillie, MrGeorge Gillespie, Ministers. AndJohn Earle ofCassils,John Lord Balmerinoch, and Sir.Arch. Johnston of WaristonElders; Authorizing them with full power to prosecute the said Treaty of Uniformity with the Honourable Houses of the Parliament ofEngland, and the Reverend Assembly of Divines there, or any Committees Appointed by them: And to do all and every thing which may advance, perfect, and bring that Treaty to an happie conclusion, conform to the Commissions given thereanent.
Act Renewing the Commission for the publick Affairs of this Kirk.The Generall Assembly Taking to their consideration, that in respect the great work of Uniformity in Religion in all his Majesties Dominions is not yet perfected (though by the Lords blessing there is a good progress made in the same) There is a necessity of renewing the Commissions granted formerly for prosecuting and perfecting that great Work; Do therefore Renew the Power and Commission granted for the Publick Affairs of the Kirk by the Generall Assemblies held at SaintAndrews, 1642. and[pg 433]atEdinburgh1643. 1644. 1645. 1646. and 1647. unto the persons followingvizMasters,John Lawder, Andrew Wood, David Calderwood, Robert Ker, John Mackghie, John Knox, John Sinclar, John Adamson, Robert Dowglas, George Gillespie, James Hamiltoun, Mungo Law, John Smith, Robert Lawrie, George Lesly, John Weir, Robert Eliot, Alexander Dickson, Patrick Fleeming, Thomas Vassie, Ephraim Melvil, Hew Kennedie, Kenneth Logie, Alexander Levistoun, George Bennet, David Weems, William Row, Robert Young, William Menzies, John Friebaine, John Givan, Harie Guthrie, Andrew Rind, David Auchterlony, Samuel Ousteen, Thomas Henderson, Charles Archibald, Andrew Lawder, John Leviston, John Macklellan, Alexander Turnbull, William Fullerton, George Hutcheson, John Genell, Patrick Colvill, James Ferguson, Hew Peebles, John Hamiltoun, Alexander Dunlope, David Elphiston, David Dickson, Robert Baillie, Robert Ramsay, Patrick Gillespie, Patrick Sharpe, James Nasunth, John Home, Evan Camron, Robert Blair, Samuel Rutherfurd, David Forret, Robert Traill, Andrew Bennett, Walter Greg, John Macgill younger, John Moncreiff, Fredrick Carmichael, John Chalmers, John Duncan, Andrew Donaldson, Will Oliphant, George Simmer, Andrew Affleck, Arthur Granger, David Strachen, Andrew Cant, John Rex, John Paterson, Alexander Cant, John Young, John Seaton, David Lindsayat Bethelvie,Nothaniel Martine, John Annand, William Falconer, Joseph Brodie, Alexander Summer, William Chalmer, Gilbert Anderson, David Rosse, George Gray, Robert Knox, William Penman, James Guthrie, Thomas Donaldson, William Jameson, Thomas Wilkie, James Ker, John Knox, Andrew DunkansonMinisters:ArchibaldMarques of Argyle,AlexanderEarle of Eglintoun,JohnEarle of Cassils.WilliamEarle of Lothian,ArchibaldLord Angus,WilliamLord Borthwick,JohnLord Torphichen,JohnLord Balmerino,RobertLord Burly,JamesLord Couper, Lord Kilcudbright,AlexanderLord Elcho, SirArchibald Johnstounof Wariston. SirJohn Hopeof Craighall,Arthur Erskinof Scotskraig, SirJohn Moncreiffof that Ilk,Boatonof Creigh, SirJohn Wauchhopeof Midrie, SirThomas Ruthvenof Frieland, SirGeorge Maxwellof Netherpollock, SirJames Fraserof Brae, SirJames Hackactof Pitfirn, Sir[pg 434]William Carmichaellyounger of that ilk,Walter Dundasyounger of that ilk,Thomas Craigof Ricarton, MrGeorge Winrainof Liberton, SirAlexander Ingilsof Ingilston,Alexander Brodieof that ilk,Forbesof Eight,Will. Moreof Glanderston,John Kerof Lochtour,Alex Pringillof Whitbanck,Walter Scotof Whitstyid,John Crafurdof Crafurdland, SirJohn Chislyof Carswell,Robert Monroeof Obsteall,Cornwallof Bonhard,George Dundasof Dudingston, SirJames Stewartof Kirkfield,Alexander Colvilof the Blair, MrAlex. Petrson, MrRobert Burnetyounger, MrThomas Murray, George Potterfield,MrJames Campbell, James Hamilton, Lawrence Henderson,MrRobert Barcclay, MrWilliam More, William GlendoningDoctor,Douglas, James Sword, Gideon Lack, MrDongall Campbell, John Besrall, John Brown, William Brown, Robert Brown, andWilliam Russel, Elders: Giving unto them full Power and Commission, to do all and every thing for preservation of the Established Doctrine, Discipline, Worship and Government of this Kirk, against all who shall endeavour to introduce any thing contrary thereunto, and for prosecuting, advancing, perfecting & bringing the said Work of Uniformity in Religion in all His Majesties Dominions to a happy conclusion, conform to the former Commissions granted by proceeding Assemblies thereanent, And to that effect Appoints them, or any seventeen of them, whereof thirteen shall be Ministers to meet here in this City to morrow the 12. of this Moneth, And thereafter upon the last Wednesday ofNovember, February, andMaynext, and upon any other day, and in any other place they shall think fit. Renewing also to the persons before named the power contained in the Act of the Assembly 1643. Intituled, AReference to the Commission anent the Persons designed to repair to the Kingdom of England.And further, incase Delinquents have no constant residence in any one Presbyterie, or if Presbyteries be negligent or overawed, in these cases, The Assembly gives to the persons before named, such power of censuring complyers and persons disaffected to the Covenant according to the Acts of the Assembly, declaring alwayes and providing, that Ministers shall not be deposed, but in one of the quarterly[pg 435]meetings of this Commission, And further Authorises them as formerly with full power to make Supplications, Remonstrances, Declarations & Warnings to Indict Fasts & Thanksgivings as there shall be cause to Protest against all encroachments upon the Liberties of the Kirk, and to censure all such as interupt this Commission or any other Church Judicatory, or the execution of their Censures or of any other Sentences or Acts, issuing from them, And with full power to them to treat and determine in the matters referred unto them by this Assembly, as fully and freely as if the same were here fully expressed, and with as ample power as any Commission of any former Generall Assemblies hath had or been in use of before: Declaring also that all opposers of the authority of this Commission in matters intrusted to them shall be holden as opposers of the authority of the Generall Assembly, And this Commission in their whole proceedings are comptable to, and censurable by the next General Assembly.
The Generall Assembly Taking to their consideration, that in respect the great work of Uniformity in Religion in all his Majesties Dominions is not yet perfected (though by the Lords blessing there is a good progress made in the same) There is a necessity of renewing the Commissions granted formerly for prosecuting and perfecting that great Work; Do therefore Renew the Power and Commission granted for the Publick Affairs of the Kirk by the Generall Assemblies held at SaintAndrews, 1642. and[pg 433]atEdinburgh1643. 1644. 1645. 1646. and 1647. unto the persons followingvizMasters,John Lawder, Andrew Wood, David Calderwood, Robert Ker, John Mackghie, John Knox, John Sinclar, John Adamson, Robert Dowglas, George Gillespie, James Hamiltoun, Mungo Law, John Smith, Robert Lawrie, George Lesly, John Weir, Robert Eliot, Alexander Dickson, Patrick Fleeming, Thomas Vassie, Ephraim Melvil, Hew Kennedie, Kenneth Logie, Alexander Levistoun, George Bennet, David Weems, William Row, Robert Young, William Menzies, John Friebaine, John Givan, Harie Guthrie, Andrew Rind, David Auchterlony, Samuel Ousteen, Thomas Henderson, Charles Archibald, Andrew Lawder, John Leviston, John Macklellan, Alexander Turnbull, William Fullerton, George Hutcheson, John Genell, Patrick Colvill, James Ferguson, Hew Peebles, John Hamiltoun, Alexander Dunlope, David Elphiston, David Dickson, Robert Baillie, Robert Ramsay, Patrick Gillespie, Patrick Sharpe, James Nasunth, John Home, Evan Camron, Robert Blair, Samuel Rutherfurd, David Forret, Robert Traill, Andrew Bennett, Walter Greg, John Macgill younger, John Moncreiff, Fredrick Carmichael, John Chalmers, John Duncan, Andrew Donaldson, Will Oliphant, George Simmer, Andrew Affleck, Arthur Granger, David Strachen, Andrew Cant, John Rex, John Paterson, Alexander Cant, John Young, John Seaton, David Lindsayat Bethelvie,Nothaniel Martine, John Annand, William Falconer, Joseph Brodie, Alexander Summer, William Chalmer, Gilbert Anderson, David Rosse, George Gray, Robert Knox, William Penman, James Guthrie, Thomas Donaldson, William Jameson, Thomas Wilkie, James Ker, John Knox, Andrew DunkansonMinisters:ArchibaldMarques of Argyle,AlexanderEarle of Eglintoun,JohnEarle of Cassils.WilliamEarle of Lothian,ArchibaldLord Angus,WilliamLord Borthwick,JohnLord Torphichen,JohnLord Balmerino,RobertLord Burly,JamesLord Couper, Lord Kilcudbright,AlexanderLord Elcho, SirArchibald Johnstounof Wariston. SirJohn Hopeof Craighall,Arthur Erskinof Scotskraig, SirJohn Moncreiffof that Ilk,Boatonof Creigh, SirJohn Wauchhopeof Midrie, SirThomas Ruthvenof Frieland, SirGeorge Maxwellof Netherpollock, SirJames Fraserof Brae, SirJames Hackactof Pitfirn, Sir[pg 434]William Carmichaellyounger of that ilk,Walter Dundasyounger of that ilk,Thomas Craigof Ricarton, MrGeorge Winrainof Liberton, SirAlexander Ingilsof Ingilston,Alexander Brodieof that ilk,Forbesof Eight,Will. Moreof Glanderston,John Kerof Lochtour,Alex Pringillof Whitbanck,Walter Scotof Whitstyid,John Crafurdof Crafurdland, SirJohn Chislyof Carswell,Robert Monroeof Obsteall,Cornwallof Bonhard,George Dundasof Dudingston, SirJames Stewartof Kirkfield,Alexander Colvilof the Blair, MrAlex. Petrson, MrRobert Burnetyounger, MrThomas Murray, George Potterfield,MrJames Campbell, James Hamilton, Lawrence Henderson,MrRobert Barcclay, MrWilliam More, William GlendoningDoctor,Douglas, James Sword, Gideon Lack, MrDongall Campbell, John Besrall, John Brown, William Brown, Robert Brown, andWilliam Russel, Elders: Giving unto them full Power and Commission, to do all and every thing for preservation of the Established Doctrine, Discipline, Worship and Government of this Kirk, against all who shall endeavour to introduce any thing contrary thereunto, and for prosecuting, advancing, perfecting & bringing the said Work of Uniformity in Religion in all His Majesties Dominions to a happy conclusion, conform to the former Commissions granted by proceeding Assemblies thereanent, And to that effect Appoints them, or any seventeen of them, whereof thirteen shall be Ministers to meet here in this City to morrow the 12. of this Moneth, And thereafter upon the last Wednesday ofNovember, February, andMaynext, and upon any other day, and in any other place they shall think fit. Renewing also to the persons before named the power contained in the Act of the Assembly 1643. Intituled, AReference to the Commission anent the Persons designed to repair to the Kingdom of England.And further, incase Delinquents have no constant residence in any one Presbyterie, or if Presbyteries be negligent or overawed, in these cases, The Assembly gives to the persons before named, such power of censuring complyers and persons disaffected to the Covenant according to the Acts of the Assembly, declaring alwayes and providing, that Ministers shall not be deposed, but in one of the quarterly[pg 435]meetings of this Commission, And further Authorises them as formerly with full power to make Supplications, Remonstrances, Declarations & Warnings to Indict Fasts & Thanksgivings as there shall be cause to Protest against all encroachments upon the Liberties of the Kirk, and to censure all such as interupt this Commission or any other Church Judicatory, or the execution of their Censures or of any other Sentences or Acts, issuing from them, And with full power to them to treat and determine in the matters referred unto them by this Assembly, as fully and freely as if the same were here fully expressed, and with as ample power as any Commission of any former Generall Assemblies hath had or been in use of before: Declaring also that all opposers of the authority of this Commission in matters intrusted to them shall be holden as opposers of the authority of the Generall Assembly, And this Commission in their whole proceedings are comptable to, and censurable by the next General Assembly.