Chapter LXVI: Act 131: , Par. 8, K. Ja. 6, and the subjects’ liberties, who ought (63)

But whatsoever be the falling away of such, we shall desire and do expect that our Brethren in England, who continue faithfull, may rest confident of the generality of all such of this Kingdom as were at first active in promoting the Covenant and Work of Reformation, that they are also still faithfull in adhering thereunto, and walking after their former principles do resolve to abide stedfast and to hold fast the bands of Brotherhood and union between these Kingdoms: Neither are we lesse confident of the like Resolutions and Affections of our Brethren in England: The many Testimonies which the Truth and Cause of CHRIST, the Covenant and Presbyteriall Government have lately received from that cloud of Witnesses of the Ministery in severall Provinces and Counties of that Kingdom, after the example of the worthy Ministery of the City of London against the Errours of Independency, Anabaptism, Antinomianism, Arminianism, Socinianism, Familism, Libertinism, Sceptism, Erastianism, and other new and dangerous Doctrines spred and received amongst many in that Nation; As they are unto us matter of great praise and hearty thanksgiving unto GOD, so also an evidence of the stedfastness of many in England, and a token for good, and a wide door of hope that the Lord will perfect his work and bring forth the headstone of his House in that Land. It shall be the wisdom of each Nation to keep the golden path of truth and righteousnesse betwixt the crooked and corrupt wayes of Malignants upon the one hand and Sectaries upon the other, and for each of the Nations so to look upon another, as to distinguish betwixt the prevalent part and the better part, and betwixt friends and foes.

We conceive it to be high time for both Nations to search and try their ways and turn again to the LORD, that he who wounded us may heal us, and he who hath broken us may binde us up. The sin of both hath been the departing from the rule of the Covenant, and that we did not trust God for the perfecting of his Work, walking by the rule of piety, but took our selves to humane policies, and endeavoured to carry it on by carnall and worldly means. For as Scotland did too much connive at and comply with Malignants, which is the immediate and neerest cause of all our present troubles and distractions; so England neglecting to hold fast the truth and to submit themselves to the Government of Jesus Christ, so clearly held forth by the pious and learned Assembly of Divines, did connive at many abominable Blasphemies and Errours, and complying with Sectaries, gave way to their wicked Toleration: Neither is it the least part of the sin of both Lands; that they have more minded the outward then the inward Reformation, the erecting of the outward Fabrick of GODS House, then the providing furniture for it by advancing the power of the Gospel, that his glory may be seen in his Temple. Because of these things is there great wrath from the LORD against these Kingdoms, and his controversie shall be continued untill we really turn away from our crooked paths. Therefore as we wish that none of this Land may flatter themselves in their evil wayes, but repent and amend; so we desire our Brethren of England to consider what hath been the bitter fruits of their slow progresse in and neglect of the Work of Reformation, and of their connivance at and complying with Sectaries, and to do no more so, but that whatsoever is commanded by the God of heaven, it be diligently done for the House of the God of heaven.

We trust that the Parliament of England will be wise to remember and consider the great mercies of God towards them in delivering them from all their Enemies, and the many opportunities put into their hands for advancing and establishing the work of Reformation; for neglect whereof God hath now again threatened to lift up their Enemies above them, that he may once more prove what they will do for his Name, and for setling the order of his House. God forbid that they should run from one extream to another, from compliance with Sectaries to compliance with Malignants, and hearken to terms of an unsafe and sinfull Peace, We cannot but abhor the purposes of any who minde the subversion of Monarchical Government, which we heartily wish to be preserved and continued in his Majesties Person, and Posterity; and we do no lesse dislike the Practises of those who deal so hardly with his Majesties Person, earnestly desiring that he were in the condition he was into by the advice of both Kingdoms before he was taken away by a party of Sir Thomas Fairfax Army; nor are we against the restoring of the King to the exercise of his power in a right order and way. Yet considering what great expence of blood and pains these Kingdoms have been at for maintaining their just Liberties and bringing the Work of Reformation this length; And considering his Majesties great aversnesse from setling Reformation of Religion, and his adhering still to Episcopacy; We trust that security will be demanded and had from his Majesty for Religion, before he be brought to one of his Houses in or neer about London, with Honour, Freedom and safety. And considering of what importance the Solemn League and Covenant is unto all the interests of both Kingdoms concerning their Religion, Liberties and Peace, to make an agreement without establishing of it, were not only to rob these Nations of the blessings they have already attained by it, but to open a door to let in all the corruptions that have been formerly in the Kirks of God in these Lands, and all the abuses and usurpations that have been in the Civill Government, and again to divide these two Kingdoms that are now so happily united and conjoyned: And therefore as we wish that all mis-understandings betwixt the Nations, and betwixt the King and his people may be removed, that there may be a happy and lasting Peace, so that there may be no agreement without establishing and enjoyning the Covenant in all these three Kingdoms; and that for this end God would give wisdom to all that are intrusted in the managing of publick affairs that they may seasonably discover and carefully avoid all snares which may be laid either by Sectaries, or Malignants, or both, under colour of a Treaty of Peace. And we are confident, through the Lord, that all the obstructions and oppositions, by which his work has been retarded and interrupted in this Island, shall not onely be taken out of the way, but shall turn to the advantage and furtherance of it at last. The onely wise God can and will bring about his holy purposes by unlikely, yea by contrary means: And God forbid that either our Brethren of England or our selves should give way to despondency of spirit, and cast away the hopes of that so much prayed for and so much wished for Reformation of Religion, and Uniformity in all the parts thereof according to the Covenant: And now it is our hearts desire and prayer to God, that amidst the many trials and tentations of these times, none of the servants of God and witnesses of Jesus Christ may be deserted, or left to themselves to comply either with the Malignant party upon the one hand, or with Sectaries upon the other. Brethren pray for us, and the God of all grace, who hath called us unto his eternal glory, after that ye have suffered a while, make you perfect, stablish, strengthen and settle you.

August, 2, 1648. Ante Meridiem. Sess. XXIV.

_Answer to the Letter of the Reverend Assembly of Divines in England._

Right Honourable, Right Reverend and
Wel-beloved in our Lord,

We cease not to give thanks to the Father of our Lord Jesus, by whose strength you keep the Word of his patience now in these times, when many depart from the Faith, giving heed to seducing Spirits; As also, that he who hath founded Zion, hath been pleased, by our Covenant sworn to the most high God, to lay the hopefull foundation of a glorious Work in these three Kingdoms, to unite his People therein, as one stick in the hand of the LORD.

We cannot but acknowledge to the Honour and Glory of the Lord, Wonderfull in counsell and excellent in working, that hee hath strongly united the spirits of all the godly in this Kingdom, and of his Servants in the Ministery, first in the severall Presbyteries and Synods, and now in this Nationall Assembly, in an unanimous and constant adhering to our first Principles and the Solemn League and Covenant, And particularly in giving a testimony against the present unlawfull Engagement in War: Yet it seemeth good to the LORD who hath his Fire in Zion and Furnace in Jerusalem, for the purging of the vessels of his house to suffer many adversaries to arise with violence to obstruct and stop this great and effectuall door, which the Lord hath opened unto us. But we know that he openeth, and no man shutteth, and shutteth, and no man openeth: yea, he will cause them who say they are for the Covenant and are not, but are Enemies thereto, and do associate with Malignants or Sectaries, to acknowledge that God hath loved us, and that his truth is in us and with us. And now dearly beloved, seeing the Lord hath kept you together so many years, when the battel of the Warriour hath been with confused noise, and garments rolled in blood, the Lord also sitting as a refiner to purifie the Sons of Levi, and blessing you with unity and soundnesse in the Faith, we are confident you will not cease to give a publick testimony for Christ, both against Sectaries and all Seducers, who prophecie lies in the name of the LORD, and against Malignants and Incendiaries (the Prelaticall and Popish Faction) who now again bestir themselves to hold up the rotten and tottering throne of Antichrist, and are (whatever they pretend) the reall enemies of Reformation: As also, that as the Embassadors of Jesus Christ and his Watchmen, you will give seasonable warning to the Honourable Houses of Parliament, that now (after the losse of the opportunity of so many years) they would, in their places, repair the House of the LORD, that lyeth so long desolate, and promove the work of Reformation and Uniformity according to the Covenant.

For if the Honourable Houses of Parliament had timely made use of that power, which God had put in their hands for suppressing of Sectaries, and had taken a speedy course for setling of Presbyteriall Government, (a speciall and effectuall means appointed by God to purge his Church from all scandals in Doctrine and Practise) Then had not the insolencie of that party arisen to such a height, as to give occasion to the Malignants of both Kingdoms to justifie and blesse themselves in their old opposition to the work of Reformation, and to encourage one another, to new and more dangerous attempts; Neither had the Malignant party ever grown so strong in this Kingdom, if the Sectaries had not been connived at in ENGLAND; For their prime pretence (for their present rising in Armes) is, that they may suppress the Sectaries, and vindicate the King from that base condition, unto which he is brought by that party: Yet these do not wisely, nor well, who avoiding or opposing Sectarisme, split themselves upon the rock of Malignancy, and by taking that party by the hand now, do own all the cruelty, bloodshed and other ungodly and unjust Acts, which they have done since the beginning of this Reformation. And as we take thankfully your testimony of our steiring so steady and even a course between the dangerous rocks of Prophanesse and Malignancy on the one hand, and of Errour, Schisme, Heresie and Blaspheme on the other hand; So we trust ye will not cease to give testimony against both these evils, and represent the same to the Honourable Houses of Parliament, as you shall have fit occasion; And that you will gravely warne your dissenting Brethren what a door they keep open for Errors and Heresies, by their tenet of Independency; Whereby they leave no means of Authoritative Ecclesiastick Suppression of Errours; If an Independent Congregation will please to own them. We also are confident that you will be remembrancers to that famous City of London, and the whole Kingdom, of their Engagement to the LORD, in the Solemn League and Covenant: Nor will we suffer our selves to believe that the wel-affected in the Houses of Parliament, In the City of London, and throughout that whole Kingdom will agree or harken to the motions of any such Treaty of Peace, as leaves out the best security for Religion, the Cause of GOD, and the Solemn League and Covenant. Thus desiring the continuance of your Prayers to God for us, in this hour of temptation; and promising (through his grace and strength) to continue in prayers for you, We commit you to the infinite Wisdom, Power, Goodnesse, and Faithfulnesse of our blessed GOD and Father in Christ, in whom we are,

_Your very loving and affectionate Brethren
to serve you_,

The Ministers and Elders conveened in the GENERAL ASSEMBLY of the
Kirk of Scotland.

2 August, 1648.

DIRECT,

To the Right Honourable, and Right Reverend the Assembly of Divines
in England now assembled at Westminster.

Eodem die, Post Meridiem. Sess. XXV.

_The Humble Supplication of the Generall Assembly, To the Right Honourable the Committee of Estates._

Whereas the High and Honourable Court of Parliament and your Lordships were pleased to injoyn the subscription of a Declaration and Band of the date June 10, 1648. And we having found after such examination and tryall, as is competent to the Servants of GOD in an Ecclesiastick way, that the same is a snare to the Consciences of the People of GOD in this Land to involve them in guiltinesse, and to draw them from their former principles and Vows in the Solemn League and Covenant, as doth more fully appear in our Act concerning the same herewith presented unto your Lordships. Therefore from our zeal to the glory of GOD and tender care of the souls committed unto us, and for our exoneration, As we do seriously exhort that your Lordships would be sensible of the guilt that you have already brought upon your selves and others, by injoyning and urging that subscription, So we do earnestly and in the bowels of Jesus Christ intreat, That your Lordships would take such order and course as that it may be no further pressed upon the people of GOD throughout the Land.

And because the people groan under the violence and oppression of Officers and Souldiers in their Quarterings or otherwise throughout all the corners of the Countrey (which as it hath asscended into the ears of the LORD of Hosts, so we doubt not but it is come to your knowledge) We conceive it to be incumbent to us to represent the same to your Lordships, beseeching and obtesting you that as you would not desire that the LORD should visit because of these things, you would think upon an effectuall remedy for punishing and redressing what is past, and preventing the like in time coming.

And whereas by an Act and inhibition of your Lordships, The Liberty of Printing being one of the Kirks Priviledges confirmed by Parliament is restrained, Therefore we intreat that the inhibition upon the Printers may be taken off.

And now having condiscendcd upon a Declaration to all the Members of this Kirk concerning present dangers and duties, We do in all humility offer the same to your Lordships (together with our Answer to the Paper last sent to us from your Lordships) professing in the sight of GOD (whose Servants we are) that we have walked herein according to the rule of his Word, and have nothing before our eyes but his Glory, and the well of his People; And therefore intreats your Lordships, that you would seriously ponder the same without prejudice, and as you desire to be comforted in the day of your accompts, to make right use of the light that is holden forth therein from Gods Word.

August 3, 1648. Ante Meridiem. Sess. XXVI.

_Act for censuring Ministers for their silence, and not speaking to the corruptions of the time._

The Generall Assembly, taking to their serious consideration, the great scandals which have lately encreased, partly through some Ministers their reserving and not declaring of themselves against the prevalent sins of the times, partly through the spite, Malignity, and insolency of others against such Ministers as have faithfully and freely reproved the Sins of the times without respect of persons, Do therefore for preventing and removing such scandals hereafter, Appoint and Ordain, that every Minister do by the word of Wisdom apply his Doctrine faithfully against the publick Sins and Corruptions of these times, and particularly against the Sins and Scandals in that Congregation wherein he lives, according to the Act of the Generall Assembly 1596, revived by the Assembly at Glasgow 1638. Appointing that such as shall be found not applying their Doctrine to corruptions, which is the Pastorall gift, cold, and wanting of Spirituall zeal, flatterers and dissembling of publick sins, and especially of great Personages in their Congregations, that all such persons be censured according to the degree of their faults and continuing therein be deprived; And according to the Act of the Generall Assembly 1646, Sess. 10, That beside all other scandals, silence, or ambiguous speaking in the publike Cause, much more detracting and disaffected speeches be seasonably censured: As therefore the Errours and exorbitancies of Sectaries in England are not to be passed in silence, but plain warning to be given of the danger of so near a contagion, that people may beware of it, and such as neglect this duty to be Censured by their Presbyteries, So it is thought fit and Appointed by the Assembly, conform to the foresaid Acts, That the main current of applications in Sermons may run along against the evils that prevail at home, and namely against the contempt of the Word, against all profanesse, against the present defection from the League and Covenant, against the unlawfull Engagement in War, against the unlawfull Band and Declaration of the date of the 10 of June ordained to be subscribed by all the Subjects, and other unjust Decrees established by Law, against the Plots and Practices of Malignants, and against the Principles and Tenents of Erastianism, which spread among divers in this Kingdom; For the better confutation whereof, it is hereby Recommended to the Ministery to study that point of controversie well, that they may be the more able to stop the mouths of gainsayers: Tis also hereby Recommended to the severall Presbyteries and Provinciall Synods, that they make speciall enquiry and triall concerning all the Ministery in their bounds, And if any be found too sparing generall, or ambiguous in the foresaid applications and reproofs that they be sharply rebuked, dealt with, and warned to amend under the pain of suspension from their Ministery; And if after such warning given they amend not, that such be suspended by Presbyteries, and in case of their negligence by the Synods till the next Generall Assembly; But if there be any, who do neglect and omit such applications and reproofs, and continue in such negligence after admonition and dealing with them, they are to be cited, and after due triall of the offence to be deposed, for being pleasers of men rather then servants of Christ, for giving themselves to a detestable indifferency or neutrality in the Cause of God, and for defrauding the souls of people, yea for being highly guilty of the blood of souls in not giving them warning: Much more are such Ministers to be censured with Deposition from their Ministry who preach for the lawfulnes or pray for the success of the present unlawfull Engagement, or that go along with the Army themselves, or who subscribe any Bands or take any Oaths not approved by the General Assembly or their Commissioners, or by their counsel, countenance or approbation make themselves accessory to the taking of such Bands and Oaths by others: It is to be understood that if any Minister preach in defence of or pray for the successe to the Sectaries in England, he is likewayes to be censured by deposition. And this we adde as a generall rule to be observed on both hands, but not as if we had found any of the Ministery of this Kingdom to be favourers of the Sectaries in England.

And in case any Minister for his freedom in preaching, and faithfull discharge of his conscience shall be in the face of the Congregation or elsewhere upbraided, railed at, mocked, or threatened, or if any injury or violence be done to his person, or any stop and disturbance made to him in the exercise of his Ministeriall calling, The Presbyterie of the bounds shall forthwith enter in processe with the offender, and whoever he be Charge him to satisfie the Discipline of the Kirk by publick Repentance, which if any do not, or refuse to do, That then the Presbyterie proceed to Excommunication against him; In all which Presbyteries and Synods are to give an account of their diligence: And the Assembly Appoints this Act to be intimate in the several Congregations of this Kirk.

August 4, 1648. Post Meridiem. Sees. XXIX.

_Overtures concerning the education of the Hie-land Boys in the Province of Argyle._

This day the report following being made from the Committee concerning the education of Hie-land Boys in Argyle, viz.

“The Committee considering the Bill remitted by the Generall Assembly to us concerning the Hie-land Boys (who are given up to be fourty in number of good spirits and approven by the Province of Argyle) Do humbly think that four of them who are ready for the Colledge should be recommended to the Universities to get Burses on in every Colledge. As for the rest of the 40. who are to be brought up at Grammar Schools, The Committee thinks that if the said Boys should be scattered through the Kingdom they should lose the Irish language, and so the Assembly shall fail of their purpose to make them usefull for the Hie-lands: And therefore do humbly conceive that it were fitting that every Congregation pay yearly fourty shillings Scots for maintaining the said Boys at Schools in Glasgow, or in other places where many of them may be together accepted of, and that the money be brought in yearly to the Generall Assembly by the Commissioners of Presbyteries, and that Presbyteries augment or diminish the said proportion according to the ability of every Congregation.”

The Assembly having considered the foresaid Report, Approves the first Overture, And recommends Colin Campbell to the University of Aberdeen, Duncan Campbell to Edinburgh, Patrick Campbell to Glasgow, Zachary Maccullum to St Leonards Colledge in St Andrews: As also Approve the second Overture, seriously Recommending to Presbyteries, That the said fourty shillings be collected carefully and sent to Glasgow, And the Ministers of Glasgow shall appoint some sufficient man in that Town to receive the said Collection from Presbyteries, And to take charge of the boording and entertainment of the saids Boys in Glasgow at Schooles, and they shall send in the names of the Boys with a Certificate of their proficiency yearly to the Generall Assembly: And this Collection shall onely endure for the space of twelve years.

August 5, 1648. Ante Meridiem. Sess. XXX.

_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. 2, Do Declare that if Appellations, _Post latam sententiam_ be 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. Ante Meridiem. Sess. XXX.

_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 both _ab officio_ and _à beneficio_, 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 and ought to be accompted and censured as a great contempt of the Authority and Censures of the Kirk, Considering 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. Ante Meridiem. Sess. XXXI.

_The Assemblies Declaration of the falshood and forgerie of a lying
scandalous Pamphlet put forth under the name of their Reverend
Brother, Master Alexander Henderson, after his death._

The Generall Assembly of this Kirk having seen a Printed Paper, Intituled, “The Declaration of Mr Alexander Henderson principall Minister of the Word of GOD at Edinburgh and chief Commissioner from the Kirk of Scotland to the Parliament and Synod of England made upon his death-bed.” And taking into their serious consideration how many grosse lies and impudent calumnies are herein 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 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 Master Alexander Henderson did from the time of his coming from London to Newcastle till 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 at Newcastle, In his Letters to the Commissioners at London, and particularly in his last discourse to his Majestie at his departing from Newcastle, being very weak and greatly decayed in his Naturall strength. When he was come from Newcastle by 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 himself _most 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 wonderfull 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 that Paper. Upon consideration 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 to be 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, and 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 Universities and particular Kirks, and in the tryall of Presbyteries.

Eodem die, Post Meridiem. Sess. XXXII.

_Act concerning Presbyteries maintaining of Bursars._

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 negligence or diligence in so pious a work may be known by the examination of the Provinciall books to each Generall Assembly.

August 9, 1648. Ante Meridiem. Sess. XXXV.

_Act for dis-joyning the Presbytery of Zetland, from the Provinciall Synod of Orkney and Cathnes._

The General Assembly now after exact tryal, finding that the Presbytery of Zetland cannot meet with the Provincial of Cathnes and Orknay to 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 interessed and serious deliberation of the matter, The Assembly doth hereby Dis-joyn the Presbytery of Zetland from the Provincial of Cathnes and Orknay, 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. Post Meridiem. Sess. XXXVIII.

_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, at Perth, 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 hundreth 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 those 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 conscionable 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, drunkennesse 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 consent of the elder of the bounds, wherein the person craving the Testimoniall hath resided; If they have fallen or relapsed in scandalous sins, let their Testimoniall 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 that 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.

GENERALL ECCLESIASTICK REMEDIES.

1. Let the Remedies which were given at Perth 1645, and are mentioned in the Generall 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 unpartiall proceeding be used against men of all quality, for their scandalous walking, and in particular for drunkennesse, swearing, and other scandalous sins. And this to be tryed at the Visitation of Kirks.

PARTICULAR ECCLESIASTICK REMEDIES: AND I. AGAINST IGNORANCE.

1. Let Ministers Catechize one day every week (whereon also they may Baptize and Lecture or Preach) and let them Preach every Lords Day both before and after noon, according to former Acts of Generall Assemblies, Let Presbyteries and Synods be very carefull of this; And let every Provinciall 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 grosly 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.

II. 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 scandalls 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 severall Sabbaths, who is guilty of relapse in Fornication six Sabbaths, who is guilty of trelapse in Fornication, or hath once fallen in Adultery 26 Sabbaths, and these sins to be confessed both in one habite, viz. in Sackloth, 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 and 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 Catechizing, who deserve more nor a private reproof, and yet needs not be brought to publick Repentance.

7. It will be a good remedie against Sabbath-breaking by Carriers and Travellers, That 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 at Edinburgh, or elsewhere, and let the Minister from whom they flit advertise the Minister to whom they flit, if (to his knowledge) they be lying under any scandall.

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 speciall notice of Ministers who do converss frequently and familiarly with Malignants, and with scandalous and prophane persons, especially such as belong 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 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 license from the Presbyterie _nisi in extremis_ and let Ministers take speciall 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 Appoints Rouse Paraphrase 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 re-examine the Animadversions of Presbyteries, and prepare a report to the next Generall Assembly; Intimating hereby, That if Presbyteries be negligent hereof, the next Generall Assembly is to go on and take the same Paraphrase to their consideration without more delay: And the Assembly Recommends to Master John Adamson and Mr Thomas Crafurd to revise the Labours of Mr Zachary Boyd upon the other Scripturall Songs, and to prepare a report thereof to the said Commission for publick affairs, That after their examination, the same may be also reported to the next Generall Assembly.

_Overtures concerning Papists, their children, and Excommunicate Persons._

The General 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 practise 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 Andrews in the year of God, 1642, and the Act anent children sent without the Kingdom made in the Generall Assembly at Edinburgh, Anno 1646. And that they use all diligence for putting in execution the Acts of Parliament and secret Councell made against Papists and Excommunicate Persons; And that they register their diligences thereanent in their Presbyterie Books 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 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, and other means of instruction to be reclaimed from Popery if they be come to perfect age.

3. The Parents, Tutors or Friends 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 Testimoniall at their going away, according to the Act anent Children sent without the Kingdom _Anno_ 1646.

4. That all Presbyteries give the names of such Pædagogs as were abroad with the children of Noblemen within their bounds, and diligently enquire whether these Pædagogs do continue steadfast 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 Committee 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, made _Anno_ 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 necessary for keeping of the LORDS House and People unpoluted with Error, Idolatry, or Superstition.

Aug. 11, 1648. Ante Meridiem. Sess. XXXIX.

_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-named, viz. Mr Robert Dowglas, Mr Samuel Rutherford, Mr Robert Baillie, Mr George Gillespie, _Ministers_. And John Earle of Cassills, John Lord Balmerinoch, and Sr. Arch. Johnston of Wariston, _Elders_; Authorizing them with full power to prosecute the said Treaty of Uniformity with the Honourable Houses of the Parliament of England, 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._