Chapter XLIII: Act 131: , Par. 8, K. Ja. 6, and the subjects’ liberties, who ought (40)

V. The Prelaticall Hierarchie being put out of the way, the Work will be easie, without forcing of any conscience, to settle in England the government of the Reformed Kirks by Assemblies. For although the Reformed Kirks do hold, without doubting, their Kirk Officers, and Kirk-government by Assemblies higher and lower, in their strong and beautiful subordination, to be _jure divino_, and perpetuall: yet Prelacie, as it differeth from the Office of a Pastor, is almost universally acknowledged by the Prelates themselves, and their adherents, to be but an humane ordinance, introduced by humane reason, and settled by humane Law and Custome for supposed conveniencie: which therefore by humane authority, without wronging any mans conscience, may be altred and abolished upon so great a necessity, as is a hearty conjunction with all the Reformed Kirks, a firm and well grounded Peace betwixt the two Kingdomes, formerly divided in themselves, and betwixt themselves by this partition wall, and a perfect Union of the Kirks in the two Nations: which although by the providence of God in one Iland, and under one Monarch, yet ever since the Reformation, and for the present also, are at greater difference in the point of Kirk-government, which in all places hath a powerfull influence upon all the parts of Religion, then any other Reformed Kirks, although in Nations at greatest distance, and under divers Princes.

VI. What may be required of the Kirk of Scotland, for furthering the Work of Uniformitie of Government, or for agreeing upon a common Confession of Faith, Catechisme, and Directory for Worship, shall, according to the order given by this Assembly, be most willingly performed by Us, who long extreamly for the day when King and Parliament shall joyn for bringing to passe so great, so good a Work, That all Warres and Commotions ceasing, all Superstition, Idolatry, Heresie, Sects, and Schismes being removed, as the Lord is one, so his name may be one amongst us; and mercy and truth, righteousnesse and peace meeting together, and kissing one another, may dwell in this Iland.

Act, Sess. VIII. Aug. 3, 1642.

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

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

These Overtures underwritten, anent the transporting of Ministers and Professors to Kirks and Colledges, being read in audience of the Assembly, and thereafter revised by a Committee appointed for that effect, The Assembly appoints them to be sent to the severall Synods, to be considered by them, and they to report their judgements thereof to the next Generall Assembly.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Overtures under-written anent the Schooles being likewise read
in audience of the Assembly, they recommend the particulars therein
mentioned, anent the providing of the maintenance for Schoolmasters,
to the Parliament; and ordaine the rest to be sent to the Synods, to
be considered by them, and they to report their judgements thereof to
the next Generall Assembly, as said is.

I. Every Parish would have a Reader and a Schoole, where children are to be bred, in reading, writting, and grounds of Religion, according to the laudable Acts, both of Kirk and Parliament, made before.

And where Grammar Schooles may be had, as in Burghs, and other considerable places, (among which all Presbyteriall Seates are to be reputed) that they be erected, and held hand to.

II. Anent these Schooles, every Minister with his Elders, shall give accompt to the Presbyteries at the visitation of the Kirk; the Presbyteries are to make report to the Synode, and the Synode to the Generall Assembly, that Schools are planted, as above-said, and how they are provided with men and means.

III. And because this hath been most neglected in the High-lands, Ilands, and Borders, Therefore the Ministers of every Parish are to instruct by their Commissioners, to the next Generall Assembly, that this course is begun betwixt and then: and they are further to certifie from one Generall Assembly to another, whether this course is continued without omission, or not.

IIII. And because the means hitherto named or appointed for Schooles of all sorts, hath been both little, and ill payed, Therefore, beside former appointments, (the execution whereof is humbly desired, and to be petitioned for at the hands of his Majestie and the Parliament) the Assembly would further supplicate this Parliament that they (in their wisdome) would finde out how meanes shall be had for so good an use, especially that the children of poore men, (being very capable of learning, and of good engines) may be trained up, according as the exigence and necessity of every place shall require. And that the Commissioners, who shall be named by this Assembly, to wait upon the Parliament, may be appointed to represent this to his Majestie, and the Parliament, seeing His Sacred Majestie, by his gracious Letter hath put us in hope hereof, wherewith we have been much refreshed.

V. The Assembly would supplicate the Parliament, that for youths of the finest and best spirits of the High-lands, and Borders, maintenance may be allotted (as to Bursars) to be bred in Universities.

VI. For the time and manner of visitation of Schooles, and contriving the best and most compendious and orderly course of teaching Grammar, we humbly desire the Assembly to appoint a Committee for that effect, who may report their diligence to the next Generall Assembly.

The Overtures and Articles above-written being reported to this
Assembly, after reading and serious consideration thereof, the
Assembly approves the same, and ordaines them to have the strength
of an Act and ordinance of Assembly in all time coming.

Sess. XI. 5 Aug. 1642.

_Act anent contrary Oaths._

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

* * * * *

_Overtures anent Family Exercises, Catechising, keeping of Synods and Presbyteries, and restraint of Adulteries, Witch-crafts, and other grosse sins._

The Committee supplicates the Assembly,

I. To urge the severall Synods and Presbyteries, especially these of the North, that Family Exercise in Religion, Visitation of the Churches, Catechising, keeping of the Presbyteriall and Provinciall meetings (both by Preaching and Ruling Elders) be more carefully observed.

II. That the Clerk at least subscribe every Book before it come to the Assembly, and that every Act be noted on the Margent, for a directory of expedition.

III. That the Assembly would seriously studie by all meanes and wayes how to procure the Magistrates concurrence to curb and punish these notorious vices which abound in the Land, especially in the Northern parts.

The Assembly approves the Overtures foresaids, and ordains them to be observed: and for the last, the Assembly being confident of the readinesse of the Judge Ordinar to restrain and punish these faults, Do therefore ordain all Presbyteries to give up to the Justice, the names of the Adulterers, incestuous persons, Witches and Sorcerers, and others guilty of such grosse and fearfull sins within their bounds, that they may be Processed, and punished according to the Laws of this Kingdom; and that the Presbyteries and Synods be carefull herein, as they will answer to the Generall Assemblies. And because that Witch-craft, Charming, and such like, proceeds many times from ignorance; Therefore the Assembly ordains all Ministers, especially in these parts where these sins are frequent, to be diligently Preaching, Catechising, and conferring, to inform their people thereintill.

Sess. XI. 5 Aug. 1642.

_Act against Petitions, Declarations, and suchlike, in name of Ministers, without their knowledge or consents._

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

Sess. XI. 5 Aug. 1642.

_Act anent the Assemblies desires to the Lords of Counsell and Conservators of Peace._

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

Sess. XI. Aug. 5, 1642.

_The Assemblies humble desire to the Kings Majestie for the Signator of £500 Sterling, and recommendation thereof to the Kings Commissioner._

The Generall Assembly having received the Report of the proceedings of the Commissioners of the late Assembly, and specially that His Majestie was graciously pleased, upon their humble Petition, solemnly to promise and declare under his Royall hand, his pious resolution and dedication of £500 sterling, out of the readiest of his Rents and revenues, to be imployed yearly on publike necessary and pious uses of the Kirk, at the sight of the Generall Assembly, as His Majesties gracious Answer of the 3 of January 1642, registrate in their books at His Majesties own desire, for their further assurance of his Majesties pious zeale, doth more fully proport. Likeas being informed that His Majestie was graciously pleased to signe and send down to the Kirk the Signator of the said £500 yearly to have past the Exchequer, albeit the samine is not as yet delivered; And considering His Majesties pious directions to them by His Majesties Letter to plant and visit the utmost skirts and borders of the Kingdome, as most necessary for the glory of God, the good of the Kirk, and His Majesties honour, and service, which is only stopped by the want of charges for publike visitations, And withall to remonstrate to His Majestie by his Commissioner, their just and necessary desires for what may further serve to the good of Religion, whereunto His Majesties Commissioner promised his best endeavours and assistance. Therefore the Assembly doth most earnestly recommend to His Majesties Commissioner to represent to His Majestie, with his best assistance, the humble and necessary desires of the whole Assembly, that His Majestie will be graciously pleased to command that Signator, already signed by His Royall hand (or to signe another of the samine tenor, whereof they deliver the just double to His Majesties Commissioner for that effect) to be sent to this Kingdom, and delivered to the Commissioners from this Assembly, who are to sit at Edinburgh, or to the Procurator of the Kirk, whereby His Majestie shall more and more oblige this whole Kirk to pray for a blessing from Heaven upon his Royall Person and Government.

Sess XI. 5 Aug. 1642.

_The Asemblies Letter to the Commissioners of this Kingdom at London._

RIGHT HONOURABLE,

We have received your Lordships Letter, with the Declaration of the Parliament of England, and have sent this Noble bearer to His Majesty with our humble Supplication, and to your Lordships with our Answer, earnestly desiring Unity of Religion, and Uniformity of Kirk-government, to be presented by your Lordships, and this Noble bearer to the Honourable Houses of Parliament. Your Lordships will perceive by the inclosed Copies, and by our desires to His Majesties Honourable Privie Councell and Commissioners for the conservation of the Peace, to joyn their best endeavours with His Majestie and the Parliament, and their directions to your Lordships, by our leaving a Commission behinde us, to concur with them in all Ecclesiastick wayes, and by our appointing publike Prayers, and a solemn Fast through this Kirk, for the furtherance of this great work of Reformation, and continuance of the common Peace, that this unity in Religion and Uniformity of Kirk-government is the chiefest of our desires, prayers, and cares: whereunto as we have been encouraged by the faithful labors of the Commissioners of this Kingdom in the late Treaty, and continued and renewed by your Lordships, so we are assured, that your Lordships will omit no lawfull mean, argument, or occasion of seconding the same there, And advertising our Commissioners at Edinburgh, wherein they may further concur with your Lordships for the furtherance of the Work, which tends so much to the glory of God, advancement of Christs Kingdom, increase of the honour and happinesse of our Soveraign, and the peace and welfare of these Kingdoms, whereby your Lordships will oblige this Kirk more and more to pray for a blessing on your persons and travels, and to rest

Yours in the Lord
The Commissioners of the Generall
Assembly.

St. Andrews 5 Aug. 1642.

_A letter from some Ministers of England._

Reverend and wel-beloved in our
Lord and Saviour,

We received with much joy and satisfaction, the Answer which your Generall Assembly vouchsafed us to our Letters of the last yeer. Some of us, in the name of our Brethren, thought it then fit by M. Alexander Henderson (a Brother so justly approved by you, and honoured by us) to return our deserved thanks. And we now further think it equall upon this occasion, to make a more publike acknowledgement of such a publike favour. You were then pleased to give us fair grounds, to expect that brotherly advice and endeavours, which the common cause of Christ, and the mutuall interest of the united Nations, command us now again to ask, if not to chalenge. We doubt not but your experience, together with your intelligence, abundantly informes you of our condition, what various administrations of providence we have passed through, and we still lye betwixt hopes and feares, a fit temper for working; the God of all grace enable us to improve it. As our hopes are not such as may make us fear, so neither doe our Feares prevail, to the casting away our confidence. Your own late condition, together with this Declaration of ours present, may acquaint you with the certain, though subtil, authors and fomentors of these our confused conflicts: which we conceive to be the Hierarchical faction, who have no way to peace and safety, but through the trouble and danger of others. Our prayers and endeavours, according to our measure, have been, and shall be, for the supplanting and rooting up whatsoever we finde so prejudiciall to the establishment of the Kingdome of Christ and the peace of our Soveraigne. And that this Declaration of our selves may not leave you unsatisfied, we think it necessary further to expresse, That the desire of the most godly and considerable part amongst us, is, That the Presbyterian Government, which hath just and evident Foundation both in the Word of God, and religious reason, may be established amongst us, and that (according to your intimation) we may agree in one Confession of Faith, one directorie of Worship, one publike Catechisme and form of government: Which things, if they were accomplished, we should much rejoyce in our happy subjection to Christ our Head, and our desired association with you our beloved brethren. For the better effecting whereof, we thought it necessary, not only to acquaint you with what our desires are in themselves, but likewise to you, that is, That what way shall seem most fit to the wisedom of that grave and religious Assembly, may be taken for the furtherance of our indeavours in this kind. We understand that our Parliament hath been beforehand with us in this intimation, and it cannot but be our duty, who are so much concerned in the businesse, to adde what power the Lord hath given us with you to the same purpose. This designe and desire of ours hath enemies on the Left hand; and dissenting brethren on the Right; but we doubt not, that as our hearts justifie us that our intentions are right, and such as we conceive tend most to the glory of God, and the peace of the Churches of the Saints; so (by your brotherly concurrence in the most speedy and effectuall way you can find out) the Work will, in Gods due time, receive a prayed for, hoped for issue. We shall not need by many arguments from mutuall Nationall interest (though we know you will not overlook them) to inforce this request, the firme bond wherewith we are all united in our Lord Jesus Christ, we are assured will alone engage your faithfull endeavors in this businesse. To him we commit you, with these great and important affairs you have in hand. Be pleased to accept of these as the expression of the mindes of our many godly and faithfull Brethren, whose hearts we doubt not of, neither need you, though their hands in regard of the suddennesse of this opportunity could not be subscribed together with ours, who are

Your most affectionate friends and brethren
in the Work of the Lord.

London 22 July,
1642.

_Answer to the Ministers Letter._

Right Reverend and beloved in the Lord Jesus.

By our Answer to the Declaration sent unto us from the honourable Houses of Parliament, ye may perceive that your Letter which came into our hands so seasonably, was not only acceptable unto us, but hath also encouraged us to renew both to the Kings Majestie and the Houses of Parliament, The desires of the late Commissioners of this Kingdome for Unity in Religion, in the four particulars remembred by you, we cannot be ignorant but the opposition from Satan and worldly men in Kirk and Policy, will still be vehement as it hath been already, But we are confident through our Lord Jesus Christ, that the prayers and indeavours of the godly in both Kingdoms, will bring the work to a wished, and blessed Issue. This whole nationall Kirk is so much concerned m that Reformation and Unity of Religion in both Kingdomes, that without it we cannot hope for any long time to enjoy our puritie and peace, which hath cost us so dear, and is now our chiefest comfort and greatest treasure: Which one cause (beside the Honour of God) and the happinesse of the People of God in that Kingdome, more desired of us then Our lives) is more then sufficient to move us, To contribute all that is in our power for bringing it to passe. And since we have with so great liberty made our desires and hopes known both to King and Parliament, it is a duety incumbent both to you and us, who make mention of the Lord, and are Watch-men upon the Walls of Jerusalem, never more to keep silence nor to hold our peace day nor night, till the righteousnesse of Sion go forth as brightnesse, and the salvation thereof as a lamp that burneth. And if it shall please the Lord to move the hearts of King and Parliament, to hearken unto the motion, for which end we have resolved to keep a solemne Fast and Humiliation in all the Kirks of this Kingdome, the mean by which we have prevailed in times past, we wish that the work may be begun with speed, and prosecuted with diligence by the joint labours of some Divines in both Kingdoms, who may prepare the same for the view and examination of a more frequent Ecclesiastick meeting of the best affected to Reformation there, and of the Commissioners of the Generall Assembly here, that in end it may have the approbation of the Generall Assembly here, and of all the Kirks there, in the best way that may be, we wish and hope at last in a nationall Assembly; Our Commissioners at Edinburgh, shall in our name receive and returne answers for promoving so great a Work, which we with our heart and our soule recommend to the blessing of God, we continue,

Your loving brethren and
fellow-labourers.

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

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

Sess. XII. 5 Aug. _post meridiem_.

_Commission for publike affairs of this Kirk, and for prosecuting
the desires of this Assembly to His Majestie and the Parliament of
England._

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

Sess. XIII. 6 Aug. 1642.

_A petition from some distressed Professors in Ireland._

To the Reverend and right Honourable the Moderator and remanent members of the Generall Assembly of Scotland, conveened at S. Andrews, July 1642. The humble Petition of the most part of the Scottish Nation in the North of Ireland, in their own names, and in name of the rest of the Protestants there,

_Humbly sheweth,_

That where your Petitioners by the great blessing of the Lord, enjoyed for a little while a peaceable and fruitfull Ministerie of the Gospel, yet through our own abuse of so rich a mercy, and through the tyrannie of the Prelates, we have been a long time spoiled of our Ministers, (a yoke to many of us heavier then death) who being chased into Scotland, were not altogether un-usefull in the day of your need; And we having been since oppressed and scattered, as sheep who have no shepherd, now at last the wise and righteous hand of the Lord, by the sword of the Rebels, hath bereft us of our friends, and spoiled us of our goods, and left us but a few, and that a poor handfull of many, and hath chased from us the rest that were called our Ministers; the greatest part whereof we could scarce esteem such, as being rather Officers to put the Prelats Injunctions in execution, than feeders of our souls: So that now being visited with sword and sicknesse, and under some apprehension of famine, if withall we shall taste of the sorest of all plagues, to be altogether deprived of the Ministery of the Word, we shall become in so much a worse condition then any Pagans, as that once we enjoyed a better: Neither know we what hand to turn us to for help, but to the Land so far obliged by the Lords late rare mercies, and so far enriched to furnish help of that kinde; a Land whence many of us drew our blood and breath, and where (pardon the necessary boldnesse) some of our own Ministers now are, who were so violently plucked from us, so sore against both their own and our wills; yea, the Land that so tenderly in their bosoms received our poor out-casts, and that hath already sent us so rich a supply of able and prosperous Souldiers to revenge our wrong.

Therefore, although we know that your zeale and brotherly affection would urge you to take notice without our advertisement, yet give us leave in the bowels of our Lord Jesus Christ, to intreat, if there be any consolation in Christ, if any comfort of love, if any fellowship of the spirit, if any bowels of mercy, that now in this nick of time, when the sword of the Enemie making way for a more profitable entertaining the Gospel, having also banished the Prelates and their followers, when our extremity of distresse, and the fair hopes of speedy settling of peace, hath opened so fair a doore to the Gospel, you would take the cause of your younger sister, that hath no brests, to your serious consideration, and pity poor Macedonians crying to you that ye would come over and help us, being the servants of the God of your Fathers, and claiming interest with you in a common Covenant, that according to the good hand of God upon us, ye may send us Ministers for the house of our God. We do not take upon us to prescribe to you the way or the number, but in the view of all, the finger of the Lord points at these, whom though persecution, of the Prelats drew from us, yet our interest in them could not be taken away, wherein we trust in regard of several of them, called home by death, your bounty will super-adde some able men of your own that may help to lay the foundation of Gods house, according to the Pattern. But for these so unjustly reft from us, not only our necessity, but equity pleads, that either you would send them all over, which were a Work to be parallelled to the glories of the Primitive times, or at least that ye would declare them transportable, that when Invitators shall be sent to any of them, wherein they may discerne a call from God, there may be no difficultie in their loosing from thence, but they may come back to perfect what they began, and may get praise and fame in the Land, where they were put to shame. Neither are you to question your power over us so to doe, or crave a president of your own practise in that kind, for our extraordinary need calling on you, furnisheth you with a power to make this a president for the like cases hereafter: herein if you shall lay aside the particular concernment of some few places, which you may easily out of your rich Nurseries plant again, and make use of your publike spirits, which are not spent, but increases by your so many noble designes; you shall leave upon us and our posteritie the stamp of an obligation that cannot be delete, or that cannot be expressed; you shall send to all the neighbouring Churches a pattern, and erect for after-ages a monument of self-denying tender zeale; you shall disburden the Land of the many out-casts, who will follow over their Ministers; and you shall make it appear, that the churlish bounty of the Prelats, which at first cast some of these men over to us, is not comparable with the cheerful liberalitie of a rightly constitute Generall Assembly, to whom we are perswaded, the Lord will give seed for the loane which you bestow on the Lord; yea, the day may come when a Generall Assembly in this Land may returne to you the first fruits of thanks, for the plants of your free gift. And although you were scant of furniture of this kinde your selves, or might apprehend more need then formerly, yet doubtlesse, your bowels of compassion would make your deep povertie even in a great tryal of affliction, abound to the riches of your liberalitie. But now seeing you abound in all things, and have formerly given so ample a proof of your large bestowing on Churches abroad in Germanie and France, knowing that you are not wearied in well-doing, we confidently promise to our selves in your name, that ye will abound in this grace also, following the example of our Lord and the Primitive Churches, who alwayes sent out disciples in paires. But if herein our hopes shall faile us, we shall not know whether to wish that we had died with our Brethren by the Enemies hand; for we shall be as if it were said unto us, _Goe serve other Gods_; yet looking for another kinde of Answer at your hands, for in this you are to us as an Angel of God, we have sent these bearers, M. John Gordoun and M. Hugh Campbell our Brethren, who may more particularly informe you of our case, and desire that at their returne, they may refresh the bowels of Your most instant and earnest Supplicants.

* * * * *

_Commission to some Ministers to go to Ireland._

The Assembly having received a Petition subscribed by a considerable number in the North of Ireland, intimating their deplorable condition, through want of the Ministerie of the Gospel, occasioned by the tyrannie of the Prelats, and the sword of the Rebels, and desiring some Ministers, especially such as had been chased from them, by the persecution of the Prelats, and some others to be added, either to be sent presently over to reside amongst them, or declared transportable, that upon invitation from them, they might goe and settle there; together with some particular Petitions, desiring the returne of some particular Ministers, who had laboured there before: All which the Assembly hath taken to their serious consideration, being most heartily willing to sympathize with every member of Christs Body, although never so remote; much more with that Plantation there, which for the most part was a Branch of the Lords Vine, planted in this Land. In which sollicitude, as they would be loath to usurpe without their own bounds, or stretch themselves beyond their own measure; so they dare not be wanting, to the enlargement of Christs Kingdome, where so loud a cry of so extreame necessitie, could not but stirre up the bowels of Christian compassion. And although they conceive that the present unsettled condition both of Church, and State, and Land, will not suffer them as yet to loose any to make constant abode there; yet they have resolved to send over some for the present exigent till the next Generall Assembly, by courses to stay there four moneths allanerly: And therefore doe hereby authorize and give Commission to the persons following, to wit, M. Robert Blair, Minister at S. Andrews, and M. James Hamilton, Minister at Dumfreis for the first four moneths: M. Robert Ramsay, Minister at Glasgow, and M. John Maclelland, Minister at Kirkudbright, for the next four moneths: and to M. Robert Baillie, professor of divinitie in the University of Glasgow, and M. John Levistoun, Minister of Stranraire for the last four moneths: To repair into the North of Ireland, And there to visit, comfort, instruct, and encourage the scattered flocks of Christ, to employ to their uttermost with all faithfulnesse and singlenesse of heart, in planting and watering, according to the direction of Jesus Christ, and according to the doctrine and discipline of this Church in all things, And if need be (with concurrence of such of the Ministers of the Army as are there) to try and ordain such as shall be found qualified for the Ministerie, Giving charge unto the persons foresaid in the sight of God, that in doctrine, in worship, in discipline, and in their dayly conversation, they studie to approve themselves as the Ministers of Jesus Christ, and that they be comptable to the Generall Assembly of this Kirk, in all things. And in case if any of the above-mentioned Ministers be impeded by sicknesse, or otherwise necessarily detained from this service, the Assembly ordaines the Commissioners residing at Edinburgh, for the publike affairs of the Church, to nominate in their place well qualified men, who hereby are authorized to undertake the foresaid imployment, as if they had been expressly nominate in the face of the Assembly. And this, although possibly it shall not fully satisfie the large expectation of the Brethren in Ireland, yet the Assembly is confident they will take in good part at this time, that which is judged most convenient for their present condition, even a lent mite out of their own not very great plenty, to supply the present necessity; requiring of them no other recompence, but that they in all cheerefulnesse may embrace and make use of the message of salvation, and promising to enlarge their indebted bounty at the next Assembly, as they shall finde the Worke of the Lord there to require. In the meane while, wishing that these who are sent, may come with the full blessing of the Gospel and peace, and recommending them, their labours, and these to whom they are sent, to the rich blessing of the Great Shepherd of the flock.

Sess. XIII. 6 Aug. 1642.

_Act against Slandering of Ministers._

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

* * * * *

_Act anent ordering of the Assembly House._

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

* * * * *

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

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

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

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

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

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

V. That God may blesse the harvest.

* * * * *

_Reference from the Presbyterie of Kirkcaldie._

Anent the Acts of Assemblies, for observation of the Lords Day, profaned by going of Saltpannes, That this Assembly would declare the limits of the Sabbath, during which the Pannes should stand.

The Assembly referres the Answer of this Question, to the Acts of former Assemblies.

* * * * *

_Reference from the Synode of Fyffe._

That the Provincial of Angus keep their meeting on the same day with the Synod of Fyffe, which breakes the correspondence between them, appointed by the Generall Assembly of Glasgow.

ANSWER.—The Assembly ordaines the Provinciall Assembly of Angus to keep their first meeting upon the third Tuesday of April, conforme to the Act of the said Assembly of Glasgow.

* * * * *

_Overtures to be advised by Presbyteries against the next Assembly._

How Appeals shall be brought in to the Generall Assemblies, and by what sort of citation. What shall be the prescription of scandalls, within what space of time shall they be challenged, whether after three years, the Minister having been allowed and approved in life and doctrine by Synods, Presbyteries, and Visitations.

What order shall be taken for keeping Generall Assemblies, when Presbyteries send not the full number of Commissioners: Or when the Commissioners abide not untill the conclusion and dissolving of the Assembly.

Order to be advised for Testimonialls.

* * * * *

The Assembly appoints the next Generall Assembly to hold at Edinburgh the first Wednesday of August, 1643.

FINIS.

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INDEX _of the_ PRINCIPALL ACTS _of the_ ASSEMBLY _holden at_ S. ANDREWS, 27 July, 1642. _Not Printed._

1.—His Majesties Commission granted to Charles Earle of Dumfermling.

2.—Election of M. Robert Douglas, Moderator,

3.—Acceptation of the Commission from the Scottish Kirk at Campheir, granted to M. William Spang.

4.—Act renewing the Commissions for Visitation of the Universities of S. Andrews and Glasgow.

5.—Act anent delivery of the Irish contribution to the receivers appointed by the Secret Councell.

6.—Act anent Idolatrous Monuments in Ruthwall.

7.—Act anent the Books of the Presbyteries in our Armie that went to England.

8.—Act anent planting the Kirk of Kilwinning. 9.—Commis. anent erecting a Presb. in Biggar.

10.—Act repealing the Act of the Synod of Galloway concerning tryal of actuall Ministers.

11.—The Kings Declar. anent the gift of £500.

12.—Act for sending of Expectants to Ireland, and for a Commission to be drawn up to some Ministers to go there.

13.—Recom. to the Marques of Argyle anent Patrick Egertie, Priest, and all other Priests, or sayers of Masse in the North Iles, or within the bounds of his Justiciarie.

14.—Act anent the reponing of M. Gilbert Power.

15.—Act for putting the Overtures anent maintaining Bursars in every Presb. in practice.

16.—Report of the Com. for revising some Synod Books, and the Assemblies approbation.

17.—Act for giving transumpts of the Covenant and Band.

18.—Act for sending of Generall Acts of Assemblies to Synods.

19.—Act anent Iames Murray.

20.—Report of the Committee of reports of the proceedings of the Commissioners of the last Assembly appointed to attend the Parl. with certain Overtures of the Assemblies approbation thereof, with the double of the Signator of £500 sent to His Majestie.

21.—Com. for Visitation of Orknay and Zetland.

22.—Ref. to the Commis. of this Assembly, anent the choise of any Minister to go to Ireland in place of any of the 6 appointed by this Assem. to that effect, in case they or any of them be impeded by sicknesse or death.

23.—Recom. of the Iles, Anandail, Escdaill, Liddisdaill, &c. for want of Kirks and Schools, of the Presbyteries of Lochmaben, and Newbie, for want of a civill Magistrate, to the Commission for planting of Kirks, and Secret Councell, respective.

24.—Ref. to the Commission of this Assembly for planting of the Kirk of Edinburgh.

25.—Act anent M. Colvils invitation to S. Andrews.

26.—Commission anent the planting of the Landward Kirk of S. Andrews.

27.—References and Overtures, and the Assemblies answer thereto.

28.—Ref. to the Commis. of this Assembly anent M. Iames Fairlie.

29.—Ref. to the Commis. of this Assembly anent the planting of the Kirk of Dundie.

30.—Overtures anent the Kirk of Campheir.

31.—Recom. to the Magistrates of Glasgow anent Mundayes Market.

32.—Act anent giving in to the Clerk the List of Expectants.

33.—Act giving power and liberty to Sir Archibald Iohnstoun, Procurator for the Kirk and Clerk to the Generall Assembly, to adjoyn any to himself, or to depute any in these Offices whom he shall think fit.

* * * * *

=Miscellaneous Historical Documents,=

RELATIVE TO THE ECCLESIASTICAL AND POLITICAL EVENTS IN SCOTLAND—1642.

I. _The Propositions and Articles given in by the Scots Commissioners, after the Lord Loudon his Return from the Parliament of Scotland._[294]

That the Treaty of Peace may be brought to a speedy and happy Close, we did offer to your Lordships Consideration the Particulars following:—

1. That so soon as the Scottish Army shall remove out of England to Scotland, the English Garisons of Berwick and Carlisle remove, _simul & semel_.