Chapter XVII: Part 17

The Generall Assembly now after exact tryall, finding that the Presbytery of _Zetland_ cannot meet with the Provinciall 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 interested and serious deliberation of the matter, The Assembly doth hereby Dis-joyn the Presbytery of _Zetland_ from the Provinciall 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. _Postmeridiem,_ Sess. 38.

_Overtures for the Remedies of the grievous and common Sins of the Land in this present time._

The Sins of the Land and the Causes and occasions thereof being considered, The following Remedies of these Sins were propounded.

Civill Remedies.

_For the present, untill the Overtures prepared to be presented to the Parliament, It is to be Recommended to every Congregation to make use of the 9. Act of the Parliament 1645. 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 hundred Merks for each one of their relapse in Fornication, of an hundreth Pounds for each Adulterer and Adulteress according to express Acts of Parliament which is to be exacted of these who may pay it, and the discretion of the Magistrate is to modifie it according to the ability or inability of each Delinquent._

Domestick Remedies.

_1. Let care be taken of concionable receiving of Servants, that they have testimonials of their honest behaviour: And let all such as give testimonials take heed that these to whom they give them, be free of scolding, swearing, lying and such like more common sins, as well as fornication, adultery, drunkenesse, and other grosse and hainous evils; Let the ordinary time of giving Testimonials be in face of Session: And if an extraordinary exigent be: Let it be given by the Minister with __ consent of the elder of the bounds, wherein the person craving the Testimonial hath resided; If they have fallen or relapsed in scandalous sins, let their Testimonial bear both their fall and Repentance._

_2. Let care be had that the Worship of God be practised, and Discipline exercised in Families, according to the Directory for Family Worship in all things as was appointed in the General Assembly 1647. especially in the Ministers constant Catechizing of the Family, and in the performance of the Duties of the Sabbath by all the Members thereof._

_3. Let Persons to be married, and who have Children to be baptized, who are very rude and ignorant, be stirred up and exhorted, as at all times, so especially at that time, to attain some measure of Christian knowledge in the grounds of Religion, that they may give to the Minister, before the Elder of the Bounds wherein they live, some accompt of their knowledge that so they may the better teach their family and train up their Children._

_4. Let every Family that hath any in it than can read, have a Bible and a Psalm-book, and make use of them; and where none can read, let them be stirred up to traine up their children in reading, and use any other good remedie the Minister and Session can fall on._

General Ecclesiastick Remedies.

_1. Let the Remedies which were given at Perth 1645. and are mentioned in the General Assembly 1646. anent the Sins of Ministers be put in execution._

_2. Let suspension from the Lords Sacrament be more carefully executed._

_3. Let Persons relapse in Adultery (or above) quadrilapse in fornication (or above) or often guilty of other grosser scandals, be Excommunicat somewhat more summarly nor in an ordinary processe (except there be more nor ordinary signes, and an eminent measure of Repentance made known to the Session and Presbyterie) both for the hainousness of the sins and continuance therein, and also for terrour to others; And these not to be relaxed from the sentence of Excommunication without evidence, and undeniable signes of Repentance._

_4. Let unpartial proceeding be used against men of all quality, for their scandalous walking, and in particular for drunkenesse, swearing, and other scandalous sins. And this to be tryed at the Visitation of Kirk._

Particular Ecclesiastick Remedies.

And 1. against ignorance.

_1. Let Ministers Catechise one day every week (whereon also they may Baptise and Lecture or Preach) and let them preach every Lords Day both before and after noon, according to former Acts of General Assemblies, Let Presbyteries and Synods be very careful of this; And let every Provincial Book, contain an exact accompt thereof._

_2. Let Ministers examine all of every quality of whose knowledge they have no certain notice._

_3. Let young Persons be Catechized by the Minister from the time they are capable of instruction, and let them not be delayed till they be of age to Communicat._

_4. Let Persons grossly ignorant be debarred from the Communion; for the first and second time, let them be debarred, suppressing their names; for the third time, expressing their names; for the fourth time, bring them to publick repentance; all this is to be understood of those that profit nothing, and labours not for knowledge: But if they be profiting in any measure, or labouring that they may profit, their case is very considerable, they ought to have more forbearance._

2. Ecclesiastick Remedies against Prophanesse.

_1. Let ignorant and scandalous Persons be put off, and kept off Kirk Sessions._

_2. Let every Elder have a certain bounds assigned to him that he may visit the same every moneth at least, and report to the Session what scandals and abuses are therein, or what persons have entered without Testimonials._

_3. Let all scandalous persons be suspended from the Lords Supper._

_4. Let the Minister deal in private with them that are professing publick Repentance before the Elder of the bounds, thus to try the evidence of their Repentance._

_5. Let these who have fallen in Fornication make publick profession of Repentance three several Sabbaths, who is guilty of relapse in Fornication six Sabbaths, who is guilty of relapse in Fornication, or hath once fallen in Adultery, 26. Sabbaths, and these sins to be confessed both in one_ viz. _in Sackcloth, Quadrilapse in Fornication and relapse in Adultery, three quarters of a Year, Incest or Murder a Year, or 52. Sabbaths, in case the Magistrate do not his duty in punishing such crimes capitally; They that fall in Fornication or relapses therein, are first to confesse their Sin before the Session, and thereafter before the Congregation; They that are guilty of greater degrees of that Sin and of the other Sins mentioned in this Article, are to confess their Sin both before the Session & Presbyterie, and there to shew some signes of Repentance before they be brought to the Congregation._

_6. Some are to be rebuked at the time of Catechising, who deserve more nor a privase reproof, and yet needs not to be brought to publick Repentance._

_7. It will be a good remedie against Sabbath-breaking by Carriers and Travellers, That the Ministers where they dwell cause them to bring Testimonials from the place where they rested on these Lords dayes wherein they were from home._

_8. Let all Persons who flit from one Paroch to another have sufficient Testimonials, This is to be extended to all Gentlemen and Persons of quality and all their followers, who come to reside with their Families at_ Edinburgh, _or elswhere, and let the Minister from whom they flit, advertise the Minister to whom they flit, if (to his knowledge) they be lying under any scandal._

_9. Let Ministers be free with Persons of quality for amendment of their faults, and (if need shall be) let them take help thereto of some of the Brethren of the Presbyterie._

_10. Let the Presbyteries take special notice of Ministers who do converse frequently and familiarly with Malignants, and with scandalous and prophane Persons, especially such as belongs to other Paroches._

_11. Let privie Censures of Presbyteries and Synods be performed with more Accuracie, Diligence and Zeal._

_12. For better keeping of the Sabbath, let every Elder take notice of such as are within his bounds, how they keep the __ Kirk, how the time is spent before, betwixt, and after the time of publick Worship._

_13. Let no Minister resort to any Excommunicate person without licence from the Presbyterie_ nisi in extremis, _and let Ministers take special notice of such persons as haunt with Excommunicants, and processe them._

_14. Frequent correspondence betwixt presbyteries is a good remedie._

_15. At the visitation of each Congregation, let the Session Book be well visited, and for that effect, let it be delivered to two or three Brethren seven or eight dayes before the visitation, that their report of it may be in readinesse against the Day of Visitation._

The Assembly allows of all these Overtures and Remedies of the Sins of the Land; And Ordains all of them to be carefully and conscionably put in practise.

_Act for examining the Paraphrase of the Psalms and other Scripturall Songs._

The Generall Assembly 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 reexamine the Animadversions of Presbyteries, and prepare a report to the next Generall Assembly; Intimating hereby, That if Presbyteries be negligent hereof the next General Assembly is to go on & take the same Paraphrase to their consideration without more delay: And the Assembly Recommends to 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 Generall Assembly considering the manifold inconveniences that follow upon the sending of the children of Noblemen and others of quality to Forraign Countries wherein Popery is professed, especially that thereby such children are in perill to be corrupted with Popery, and so corrupt these Families and Persons to which they belong, whereby that wicked root of damnable Idolatry, Errour and Heresie may again be occasioned to spring up and trouble many, and provoke the most High GOD to wrath, and to cause his Majestie leave this Land to strong delusions to believe lies; Therefore They Do in the name of GOD, Charge and Require all the Presbyteries of this Kingdom to observe and practice the Rules and Directions which are made in former Generall Assemblies for preventing of the said fearfull inconveniences, and namely the Overtures against Papists, non-Communicants, and Profaners of the Sabbath approven in the Generall Assembly held at St. _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 & Excommunicate Persons; And that they register their diligences thereanent in their Presbyterie Booke which are summarily to be recorded in the Synod Books from time to time, That the Generall Assembly may see how these laudable Acts are put in execution, which here are presented with some necessary additions in one view.

1. That every Presbyterie give a List of all Excommunicate Papists they know to be within their bounds to the Commissioners of the Generall Assembly, and of all Papists; yea of them also who professe to have renounced Popery, but yet have their children educated abroad, with the names of these children that are abroad, according to the fifth Overture of the Generall Assembly, 1642.

2. That every Presbyterie conveen at their first meeting all known Papists within their bounds, and such as having professed to renounce Popery have their children abroad, and cause them finde sufficient caution for bringing home within three moneths such of their children as are without the Kingdom; to be educated in Schools and Colledges at the Presbyteries sight if they be Minors; and to be wrought upon by gracious conference, & other means of instruction to be reclaimed from Popery if they be come to perfect age.

3. The Parents, Tutors or Frinds of Children and Minors shall, before they send them without the Kingdom, first acquaint the Presbyterie where they reside, that they may have their Testimoniall directed to the Presbyterie or Classe within the Kingdom or Dominion beyond Seas whither they intend to send their Children; And at the time of these Childrens return, that they report a Testimoniall from the Presbyterie or Synod where they lived without the Kingdom, to the Presbyterie who gave them a Testimonial at their going away, according to the Act anent Children sent without the Kingdom _Anno 1646._

4. That all Presbyteries give the names of such Pædagogs as were abroad with the children of Noblemen within there bounds, and diligently enquire whether these Pædagogs do continue stedfast in the true Religion, and continue in their service, or whither these Pædagogs do either become corrupt in Religion, or (continuing constant) are removed from their charge and by whom they are removed, and that they signifie these things to the Generall Assembly from time to time or their Commissioners, That they may represent the same to the High Court of Parliament, Lords of secret Counsell or Committe of Estates, for such remedie as shall seem expedient to their Honours, for preventing of and purging the land from the plague of Idolatrie.

5. That such Parents, Tutors or Friends as either send away Children to forraign parts infected with Idolatry without such Testimonialls as aforesaid, or do not recall them who are already abroad within such time as is above prefixed, or do remove from them their Protestant Pædagogs (that they may the more easily be infected with Popery) be processed and in case of not amending these things, be Excommunicated.

6. That the names of such as are Excommunicated for these or any other causes, be sent in to the Generall Assembly from year to year, that (from thence) their names may be notified in all the Kingdom, and that the Acts of Parliament and secret Counsell may be put to execution against them, and all diligence used for that effect; and that by the effectuall dealing of the Generall Assembly, with the Parliament, Lords of secret Counsell, or Committee of Estates, their Lordships may Enact such further, just and severe civill Punishment on such Excommunicants for Terror to others, as shall be found necessary for purging this Covenanted Land from all Abominations.

Because persons addicted to Idolatry will use all means for their own hardening in their Superstitious and Idolatrous way, even within the Countrey; Therefore all known Papists, or persons suspect of Poperie upon probable grounds are to finde Caution before their Presbyteries, for their abstinence from Masse, and from the Company of all Jesuits, and Priests according to the second Overture against Papists, 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 _Antemeridiem,_ Sess. 39.

_Act for prosecuting the Treaty for the Uniformity in Religion in the Kingdom of England._

The Generall Assembly, Taking to their consideration that the Treaty of Uniformity in Religion in all His Majesties Dominions is not yet perfected; Therefore, Renews the power and Commission granted by preceeding Assemblies for prosecuting that Treaty unto these Persons after-named _viz._ Mr _Robert Douglas_, Mr _Samuel Rutherford_, Mr _Robert Baillie_, Mr _George Gillespie_, Ministers. And _John Earle of_ Cassils, _John Lord Balmerinoch_, and Sir. _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._

The Generall Assembly Taking to their consideration, that in respect the great work of Uniformity in Religion in all his Majesties Dominions is not yet perfected (though by the Lords blessing there is a good progress made in the same) There is a necessity of renewing the Commissions granted formerly for prosecuting and perfecting that great Work; Do therefore Renew the Power and Commission granted for the Publick Affairs of the Kirk by the Generall Assemblies held at Saint _Andrews_, 1642. and at _Edinburgh_ 1643. 1644. 1645. 1646. and 1647. unto the persons following _viz_ Masters, _John Lawder, Andrew Wood, David Calderwood, Robert Ker, John Mackghie, John Knox, John Sinclar, John Adamson, Robert Dowglas, George Gillespie, James Hamiltoun, Mungo Law, John Smith, Robert Lawrie, George Lesly, John Weir, Robert Eliot, Alexander Dickson, Patrick Fleeming, Thomas Vassie, Ephraim Melvil, Hew Kennedie, Kenneth Logie, Alexander Levistoun, George Bennet, David Weems, William Row, Robert Young, William Menzies, John Friebaine, John Givan, Harie Guthrie, Andrew Rind, David Auchterlony, Samuel Ousteen, Thomas Henderson, Charles Archibald, Andrew Lawder, John Leviston, John Macklellan, Alexander Turnbull, William Fullerton, George Hutcheson, John Genell, Patrick Colvill, James Ferguson, Hew Peebles, John Hamiltoun, Alexander Dunlope, David Elphiston, David Dickson, Robert Baillie, Robert Ramsay, Patrick Gillespie, Patrick Sharpe, James Nasunth, John Home, Evan Camron, Robert Blair, Samuel Rutherfurd, David Forret, Robert Traill, Andrew Bennett, Walter Greg, John Macgill younger, John Moncreiff, Fredrick Carmichael, John Chalmers, John Duncan, Andrew Donaldson, Will Oliphant, George Simmer, Andrew Affleck, Arthur Granger, David Strachen, Andrew Cant, John Rex, John Paterson, Alexander Cant, John Young, John Seaton, David Lindsay_ at Bethelvie, _Nothaniel Martine, John Annand, William Falconer, Joseph Brodie, Alexander Summer, William Chalmer, Gilbert Anderson, David Rosse, George Gray, Robert Knox, William Penman, James Guthrie, Thomas Donaldson, William Jameson, Thomas Wilkie, James Ker, John Knox, Andrew Dunkanson_ Ministers: _Archibald_ Marques of Argyle, _Alexander_ Earle of Eglintoun, _John_ Earle of Cassils. _William_ Earle of Lothian, _Archibald_ Lord Angus, _William_ Lord Borthwick, _John_ Lord Torphichen, _John_ Lord Balmerino, _Robert_ Lord Burly, _James_ Lord Couper, Lord Kilcudbright, _Alexander_ Lord Elcho, Sir _Archibald Johnstoun_ of Wariston. Sir _John Hope_ of Craighall, _Arthur Erskin_ of Scotskraig, Sir _John Moncreiff_ of that Ilk, _Boaton_ of Creigh, Sir _John Wauchhope_ of Midrie, Sir _Thomas Ruthven_ of Frieland, Sir _George Maxwell_ of Netherpollock, Sir _James Fraser_ of Brae, Sir _James Hackact_ of Pitfirn, Sir _William Carmichaell_ younger of that ilk, _Walter Dundas_ younger of that ilk, _Thomas Craig_ of Ricarton, Mr _George Winrain_ of Liberton, Sir _Alexander Ingils_ of Ingilston, _Alexander Brodie_ of that ilk, _Forbes_ of Eight, _Will. More_ of Glanderston, _John Ker_ of Lochtour, _Alex Pringill_ of Whitbanck, _Walter Scot_ of Whitstyid, _John Crafurd_ of Crafurdland, Sir _John Chisly_ of Carswell, _Robert Monroe_ of Obsteall, _Cornwall_ of Bonhard, _George Dundas_ of Dudingston, Sir _James Stewart_ of Kirkfield, _Alexander Colvil_ of the Blair, Mr _Alex. Petrson_, Mr _Robert Burnet_ younger, Mr _Thomas Murray, George Potterfield,_ Mr _James Campbell, James Hamilton, Lawrence Henderson,_ Mr _Robert Barcclay_, Mr _William More, William Glendoning_ Doctor, _Douglas, James Sword, Gideon Lack_, Mr _Dongall Campbell, John Besrall, John Brown, William Brown, Robert Brown_, and _William Russel_, Elders: Giving unto them full Power and Commission, to do all and every thing for preservation of the Established Doctrine, Discipline, Worship and Government of this Kirk, against all who shall endeavour to introduce any thing contrary thereunto, and for prosecuting, advancing, perfecting & bringing the said Work of Uniformity in Religion in all His Majesties Dominions to a happy conclusion, conform to the former Commissions granted by proceeding Assemblies thereanent, And to that effect Appoints them, or any seventeen of them, whereof thirteen shall be Ministers to meet here in this City to morrow the 12. of this Moneth, And thereafter upon the last Wednesday of _November, February_, and _May_ next, and upon any other day, and in any other place they shall think fit. Renewing also to the persons before named the power contained in the Act of the Assembly 1643. Intituled, A _Reference to the Commission anent the Persons designed to repair to the Kingdom of England._ And further, incase Delinquents have no constant residence in any one Presbyterie, or if Presbyteries be negligent or overawed, in these cases, The Assembly gives to the persons before named, such power of censuring complyers and persons disaffected to the Covenant according to the Acts of the Assembly, declaring alwayes and providing, that Ministers shall not be deposed, but in one of the quarterly meetings of this Commission, And further Authorises them as formerly with full power to make Supplications, Remonstrances, Declarations & Warnings to Indict Fasts & Thanksgivings as there shall be cause to Protest against all encroachments upon the Liberties of the Kirk, and to censure all such as interupt this Commission or any other Church Judicatory, or the execution of their Censures or of any other Sentences or Acts, issuing from them, And with full power to them to treat and determine in the matters referred unto them by this Assembly, as fully and freely as if the same were here fully expressed, and with as ample power as any Commission of any former Generall Assemblies hath had or been in use of before: Declaring also that all opposers of the authority of this Commission in matters intrusted to them shall be holden as opposers of the authority of the Generall Assembly, And this Commission in their whole proceedings are comptable to, and censurable by the next General Assembly.

August 11. 1643. _Postmeridiem,_ Sess. 40.

_Exemption of_ Murray, Rosse, _and_ Caithnesse _from the contribution granted to the boyes of_ Argyle, _with a Recommendation to Presbyteries, to make up what is taken of them by that exemption._

Concerning the overtture and desire of the Commissioners of the Presbyteries of _Murray_, _Rosse_, and _Caithnesse_ for an exemption from that contribution of fourty shillings recommended for entertainment of the _Irish_ boyes in _Argyle_; The Assembly having considered thereof, and of their offer in the the name of the said Presbyteries, if that exemption be granted, Do Approve their offer, And Therefore hereby Exoners the said Presbyteries of the said contribution of fourty shillings toward the entertainment of the boyes in _Argyle_, And Ordains for that exemption according to the offer of their said Commissioners, that each Presbyterie of the said Provinces entertaine one of the _Irish_ language at Schooles, and if any be found already fit for Colledges, they shall maintain them at Philosophie, and so forward, untill they be fit for the Ministery: And Because by this exemption the contribution for the boyes in _Argyle_ will be so much lessened. Therefore the Assembly Recommends to all other Presbyteries to think upon some way how by the charitable Supply that may be made up unto them.

_Act concerning Collection for the Poor._

The Assembly Understanding that the collection for the poor in some Kirks in the Countrey, are taken in the time of Divine Service, which being, a very great and unseemly disturbance of Divine Worship Do therefore hereby Inhibit and discharge the same. And ordains that the Minister and Session appoint some other way and time for receiving the said Collections.

_Recommendation for securing provisions to Ministers in Burghs._

In regard that the stipends of many Ministers in Burghs are not secured unto them and their successors; Therefore the Assembly Do seriously Recommend to the Honourable Commission of Parliament for planting of Kirks, to provide reall and valide security of competent and honest meanes to the present Ministers of Burghs and their successors; where they are not sufficiently provided or secured already; Ordaining Presbyteries to use all necessary diligence for prosecuting thereof before the said Commission for planting Kirks.

_The Humble Supplication of the Generall Assembly of the Kirk of_ Scotland, _met at_ Edinburg August 12 _unto the Kings Most Excellent Majeste._

Albeit your Majestie through the suggestions of evil men, may haply entertain hard thoughts of us and our Proceedings, yet the Searcher of hearts knowes, and our consciences bear record unto us, that we bear in our spirits these humble and duitifull respects to your Majestie, that loyall subjects owe to their native Soveraigne, and that it would be one of our greatest contentments upon earth, to see your Majestie reigning for the LORD, in Righteousnesse and Peace over these Nations: And therefore as we do bow our knees daily before the Throne of Grace on your behalf, and the behalf of your Posterity; So we finde our selves as heretofore, obliged faithfully and freely to warn your Majestie of your danger and dutie; Wishing, and hoping that the Lord will incline your Royall heart, from the sence of the evil which hath befallen You, through the slighting of former Warning, to be more attentive unto this. We are very sensible of your Majesties suffering, and low condition, and do not in the least measure approve but from our hearts abhorre any thing that hath been done to your Majesties Person, contrary to the common resolutions of both Kingdoms: Yet it shall be your Majesties wisdom, in this as in all that hath befallen you these years past, to read the righteous hand of the Lord, writing bitter things against you, as for all your Provocations, so especially for resisting his Work, and authorising by your Commissions the shedding of the blood of his People, for which it is high time to repent, that there be no more wrath against you and your Realms.

The Commission of the preceding Assembly, whose proceedings are unanimously approven by this Assembly, Having read your Majesties Letter of the date at _Carisbrook_ Castle, _December 27._ And perused your Concessions, did finde some of these Concessions destructive to the Covenant, and all or them unsatisfactorie, and did therefore emit a Declaration concerning the same, least your Majesties Subjects in this Kingdom should have unawares imbarked themselves in an Engagement upon grounds not consisting with the good of Religion, and the Solemn League and Covenant. For preventing whereof, they did also present most just and necessary desires unto the high and Honourable Court of Parliament of this Kingdom; which, if they had been granted, might have through the Blessing of God, either procured (upon Treaty) your Majesties re-establishment, and a solide Peace, or laid open the expedience and necessity of a lawfull War, and have united this Kingdom therein for the good of Religion, of your Majestie, and of your Kingdoms. When the Parliament was pleased without satisfaction to any of these desires, to go on towards the determining of a War upon the grounds contained in their Declaration, As many of their own Members who have been faithfull in the Cause of GOD from the beginning, did dissent from their preceedings, so most of all the Presbyteries and Synods of this Kingdom, and the Committees of War in severall Shires did by humble Supplication represent to the Parliament, how unsatisfied they were in their consciences concerning the present Engagement: Notwithstanding of all which, the Engagement hath been carried on without clearing either of the lawfulnesse or necessity thereof. Therefore, We having now examined the same by the Rule of Gods Word, and having found it unlawfull, as we have warned the whole Kingdom of the danger thereof, So we hold it our Duty also to warne your Majestie as the Servants of the most High GOD, and in Name of the Lord _Jesus Christ_, who must Judge the quick and dead, Earnestly beseeching your Majestie that as ye would not draw new guilt upon your Majesties Throne, and make these Kingdoms again a field of Blood, you would be far from owning or having any hand in this so unlawfull an Engagement; Which as it hath already been the cause of so much sorrow and many sufferings to the People of God in this Land, who choose affliction rather then sin, So it tendeth to the undoing of the Covenant and Work of Reformation: As we do not oppose the restitution of your Majestie to the exercise of your Royall Power; So we must needs desire that that which is GODS be given unto Him in the first place, and that Religion may be secured before the setling of any humane interest; Being confident that this way is not only most for the Honour of GOD, but also for your Majesties Honor and Safety. And therefore as it was one of our Desires to the High and Honourable Court of Parliament that they would solicitie your Majestie for securing of Religion, and establishing the Solemn League and Covenant in all your Dominions, that your Majestie might know what they intend on your behalf was with a subordination to Religion; So we do now from our selves make this humble address unto your Majestie, intreating your Majestie as you tender Truth and Peace, you would be pleased to suffer your self to be possessed with right thoughts of the League and Covenant, and of the proceedings of your Majesties loyall Subjects in relation thereunto, and give your Royall assent for injoyning of it in all your Dominions. If your Majestie had been pleased to hearken to our Counsell heranent some years ago, the blood of many thousands, which now lyes upon your Majesties Throne, might have been spared, Popery, Prelacy, Idolatry, Superstition, Profanesse, Heresie, Error, Sects, and Schismes which are now grown to so great a height in _England_, might have been extirpate, and your Majestie sitting in Peace in your own House, Reigning over your Subjects with much mutuall contentment and confidence. And if your Majestie shall yet search out and repent of all your secret and open Sins, And after so many dear-bought experiences of the danger of evill Counsell, be now so wise as to avoid it, and to hearken to us speaking unto you in the Name of the Lord, We are confident by this means your Majestie may yet be restored, and a sure and firme peace procured. We take it as a great mercy, and as a door of hope, that God still inclines the hearts of all his Servants to pray for your Majestie; And we would not have your Majestie to look upon it as a light thing, that you have been preserved alive, when many thousands have by your means and procurement fallen on your right hand and on your left hand. God forbid that your Majestie should any longer dispise the word of exhortation, the riches of his goodnesse, forbearance and long suffering, not knowing that the goodnesse of God leads you unto Repentance; For if your Majestie do so, As we are afraid, all Counsels and Endeavours for your Majesties re-establishment shall be in vain and without successe, because of the Wrath of the Lord of Hosts, who brings down the mighty from his Throne, and scatters the proud in the imaginations of their hearts; So we shall mourn in secret for it, and for all the miseries that are like to come upon your Throne and your Dominions, and comfort our selves, in this, that we have delivered our own souls. But we desire to hope better things, and that your Majestie will humble your self under the mighty hand of God, and be inclined to hearken to the faithfull advise of his Servants, be willing to secure Religion, and imploy your Royall Power for advancing the Kingdom of the Son of God, which will turn as well to the Honour and Happinesse of your Majesties as to the Peace and Safety of your Subjects.

August. 12. 1648, Sess. _Ult._

_Act discharging Duels._

The Generall Assembly taking in consideration the many Duels and combats that have been fought, and Challenges that have been made, and carried, and received in this Land of late. And being sensible of the exceeding great offence that comes by so horrible and hainous a sin; which is a grosse preferring of the supposed credit of the Creature unto the Honour of the most High God, and an usurpation upon the office of the Magistrate by private mens taking of the Sword, And a High degree of murther both of body and soul, by shedding the blood of the one, and cutting of the other from time of repenting; And which doth ordinarily produce many wofull consequents, Therefore doth enact And Ordain that all Persons of whatsoever quality who shall either fight Duels, or make, or write, or receive, or with their knowledge carry Challenges, or go to the fields, either as Principals, or as Seconds to fight Duels and Combats, that they shall without respect of Persons be processed with the Censures of the Kirk and brought before the Congregation two severall Lords-dayes; In the first whereof they are sharply to be rebuked and convinced of the hainousnesse of their sin and offence, and on the next to make a solemn publick Confession thereof, and profession of their unfained Humiliation and Repentance for the same. And if the Person guilty of any of the former offences be an Elder or Deacon, he is to be removed from his office, and whatsoever person guilty of any of these offences, shall refuse to give obedience according to the tenour of this Act, shall be processed to Excommunication: Declaring always, that if any be killed at such Duels, the killer shall be proceeded against by the Kirk as other murtherers.

_Act concerning deposed Ministers._

The Assembly considering that divers Ministers deposed for Malignancy, and complying with the Enemies of this Kirk and Cause of God, may be suited by, and hope to get entry in some Congregation where a Minister deposed for Malignancy hath been, and may be supposed to have put on the people a stamp and impression of Malignancie, and being by the Act of the Generall Assembly in _Anno 1645._ Past all hope of being restored to the place out of the whilk he was cast: Now also Ordains and enacts that no Minister deposed for Malignancy and compliance foresaid (when it shall fall out that he be put in a capacity of admission to the Ministry) shall enter into the Congregation of any other Minister who also hath been deposed for Malignancy and complyance, as said is.

The Generall Assembly not having now time to consider the References of the preceeding Assemblies, and the most part of Presbyteries not having lent their opinions in Writ, Therefore do yet again Recommend to Presbyteries and Provinciall Assemblies to consider all matters referred by this or by any former Assemblies, and to send their opinions therein in writ to the next Generall Assembly.

_The meeting of the next Generall Assembly is hereby Appointed to be at_ Edinburgh _the first_ Wednesday _of_ Iuly, 1649.

A. KER.

THE GENERALL ASSEMBLY, HOLDEN AT _EDINBURGH, JULY 7. 1649._

July 7. 1649. Antemeridiem, Sess 4.

_Approbation of the proceedings of the Commissioners of the Generall Assembly._

The Generall Assembly having heard the report of the Committe appointed for revising the proceedings of the Commissioners of the preceding Assembly; And finding thereby, that in all their proceedings they have been zealous, diligent and faithfull, in the discharge of the trust committed to them, do therefore unanimously Approve and Ratify the the whole proceedings, Acts and Conclusions of the said Commission; Appointing Mr _John Bell_ Moderator _protempore_, to return them hearty thanks in the name the Assembly, for their great pains, travel and fidelity.

July 10. 1649. _Antemeridiem,_ Sess. 6.

_Approbation of the Commissioners sent to his Majesty._

The Generall Assembly having taken in serious consideration the Report of the Travels and proceedings of the Commissioners sent to his Majesty presented by them this day, Together with the Commission and Instructions which were given unto them; Do finde by the Report, that they have been very diligent and faithfull in the discharge of the Trust committed to then. And therefore doe unanimously Approve of their Carriage and return them hearty thanks for their great Pains and Travails in that Employment.

July 19. 1649 _Postmeridiem,_ Sess. 18.

_Act discharging promiscuous Dancing._

The Assembly finding the scandall and abuse that arises through promiscuous Dancing: Do therefore inhibite and discharge the same, and do referre the Censure thereof to the severall Presbyteries, recommending it to their care and diligence.

July 20. 1649. _Antemeridiem,_ Sess. 19.

_Act concerning the receiving of Engagers in the late unlawfull War against_ England, _to publick Satisfaction, Together with the Declaration and Acknowledgement to be subscribed by them._

The Generall Assembly considering what great offence against God, and Scandall to his People at home and abroad, hath arisen from the late unlawfull Engagement in War against _England_; whereby, contrary to the Law of God and of Nations, contrary to the Solemn League and Covenant, contrary to the Petitions of almost the whole Kingdom, contrary to the Declarations of the Judicatories of this Kirk, contrary to the Protestations of a considerable part of the Parliament, contrary to the frequent and clear Warnings of the Servants of God in his name, not only an Association in Counsels and Arms was made with Malignant Persons, who had formerly shewn their disaffection to the Covenant in and Cause, but are Invasion of the Neighbour Nation was prosecuted; from whence flowed the oppression of the Persons, Estates and consciences of many of the people of God in this Land, the shedding of the blood of some, the losse and dishonour of this Nation, and severall other Inconveniences: and considering that the Commissioners of the last Generall Assembly, have acquit themselves faithfully in ordaining to be suspended from the renewing of the Covenant, and from the Ordinance of the Lords Supper, such as are designed in their Acts of date the 6. of _October_ & 4 of _December_ last; referring the further consideration and censure of the Persons foresaid to this present Generall Assembly: Therefore the Generall Assembly, for removing of such Offences, and for prevention of the like in time coming, and for restoring of such as are truely humbled, do Declare and Appoint.

I. That all those who have been guilty and censured as aforesaid, and withall do not by their addresses to Kirk Judicatories testify their dislike thereof, and give evidences of their Repentance therefore, That these be processed and continuing obstinate, be excommunicated; But if withall they go on in premoving Malignant Designes, that they be forthwith Excommunicated: As also that all such persons guilty as aforesaid, who after Profession of their Repentance shall yet again hereafter relapse to the promoting any Malignant Designe, that these be likewise forth with excommunicated.

II. That all these who have been guilty and censured as aforesaid, and desire to testifie their Repentance, and to be admitted to the Covenant and Communion, shall besides any Confession in publick before the Congregation subscribe the Declaration herto sub-joyned, of their unfained detestation and renunciation of that Engagement, and all other Malignant courses contrary to the Covenant and Cause, Promising to keep themselves from such ways in time coming, and acknowledging that if they shall again fall into such defection thereafter, they may justly be accounted perfidious backsliders, and breakers of the Covenant and Oath of God, and proceeded against with the highest Censures of the Kirk.

III. That of these who have been guilty and censured as aforesaid, and desire now to testifie their Repentance, Whosoever were formerly joyned in Arms or Counsell with _James Graham_ in his Rebellion, or who were Generall persons or Colonels in the late unlawfull Engagement, Or who went to _Ireland_ to bring over Forces for that effect, Or who have been eminently active in contriving of or seducing unto the said Engagement, or whosoever above the degree of a Leutenant Commanded these parties, that in promoving of the ends of the said Engagement shed blood within the Kingdom, either before that Army of Engagers went to _England_, or after their return, Or who above the degree foresaid Commanded in the late Rebellion in the North; That none of these be admitted or received to give satisfaction, but by the Generall Assembly or their Commissioners.

IV. That all the rest of these who have been guilty, or censured as aforesaid may be received by the Presbyteries where they reside.

V. That all who have been guilty as aforsaid, before their receiving to the Covenant, shall make a Solemn publick Acknowledgement in such matter, and before such Congregations as the Commission of the Generall Assembly or Presbyteries _respectivè_ shall prescribe, according to the degree of their offence and scandall given.

VI. That none of the foresaid Persons be admitted, or received as Elders in any Judicatories of the Kirk, but according to the Act of the Generall Assembly of the last of _August 1647._ against complyers of the first Classe.

And because many have heretofore made shew and profession of their Repentance, who were not convinced of their guiltinesse nor humbled for the same, but did thereafter return with the dog to the vomit, and with the sow to the puddle, unto the mocking of God, and the exceeding great reproach and detriment of his Cause: Therefore, for the better determining the Truth and sincerity of the Repentance of those who desire to be admitted to the Covenant and Communion: It is appointed and Ordained that none of those persons who are debarred from the Covenant and Communion shall be admitted and received thereto, but such as after exact triall, shall be found for some competent time before or after the offer of their Repentance, according to the discretion of the respective Judicatories, to have in their ordinary conversatione given real Testimony of their dislike of the late unlawfull Engagement, and of the courses and wayes of Malignants, and of their sorrow for their accession to the same; & to live soberly, righteously & godly; & if any shall be found, who after the defeating of the Engagers have uttered any Malignant speeches, tending to the approbation of the late unlawful Engagement, or the blood-shed within the Kingdome for promoving of the ends of the said Engagement, or any other projects or practices within or without the Kingdome; prejudiciall to Religion and the Covenant, or tending to the reproach of the Ministry, or the civill Government of the Kingdom, or who have unnecessarily or ordinarily conversed with Malignant and disaffected persons, Or who have had hand in, or accession to, or compliance with or have any wayes countenanced or promoved any Malignant Design, prejudiciall to Religion and the Covenant; That these, notwithstanding their profession of Repentance be not suddenly received, but a competent time, according to the discretion of the Judicatory, be assigned to them for tryall of the evidence of their Repentance, according to the qualifications above mentioned. And the Generall Assembly Ordains Presbyteries to make intimation of this Act in the severall Kirks of their bounds so soon as they can, after the rising of the General Assembly, that none pretend ignorance; And that Presbyteries make accompt of their diligence in prosecuting of this Act to the Quarterly meetings of the Commission of this Assembly.

_The Declaration and Acknowledgement before mentioned._

I, after due consideration of the late Warre against the Kingdom of _England_; And having also considered the course pursued and promoted by the Earle of _Lanerk_, _George Monro_ and their Adherents in and about _Stirling_, and by others in the late Rebellion in the North, against all which not only eminent Testimonies of Gods Wrath have been given in defeating of them, but they were in themselves sinfull breaches of Covenant, and preferring the interest of man unto God; I doe herefore in Gods sight professe, that I am convinced of the unlawfulnesse of all these ways, as contrary to the Word of God, and to the Solemn League and Covenant, not only in regard of the miscarriages of these that were imployed therein, but also in respect of the nature of these courses themselves; And therefore professing my unfained sorrow for my guiltinesse by my accession to the same, doe renounce and disclaim the foresaid Engagement and all the courses that were used for carrying on the same, either before or after the defeat of the Engagers, as contrary to the Word of GOD and Solemn League and Covenant, and destructive to Religion and the work of Reformation; And I doe promise in the power of the Lords strength, never again to own any of these or the like courses. And if hereafter at any time, I shall be found to promote any Malignant Design or course, that I shall justly be accompted a perfidious Covenant breaker and despiser of God, and be proceeded against with the highest Censures of the Kirk: Likeas I doe hereby promise to adhere to the Nationall Covenant of this Kingdome and to the Solemn League and Covenant betwixt the Kingdomes, and to be honest and zealous for promoving all the ends thereof, as I shall be called thereunto of God, and to flee all occasions and temptations that may lead me into any the like snares against the same.

July 24. 1649. _Postmeridiem._ Sess. 23.

_Letter to the High & Honourable Court of Parliament._

_The Generall Assembly, Humbly Sheweth,_

That whereas we have seen & considered the Act of Parliament abolishing Patronages, and doe highly commend the piety and zeal of the Estates of Parliament in promoving so necessary a point of Reformation, The Generall Assembly do humbly supplicate, that beside the setling of the Ministers stipends, that the Tythes mentioned in the said Act, may be affected with the burthen of pious uses, within the respective Paroches, conform to a draught of an Act seen by the Commissioners of the late Generall Assembly before it pasted in Parliament, And that the foresaid Act, may be made effectuall for the setling of Ministers Stipends in Kirks erected, and necessary to be erected according to the Tenour of the Act of Parliament, And for this effect, that your Lordships will hasten the sitting of the Commission for Plantation of Kirks, with all convenient diligence, and your Lordships Answer.

_27. July, 1649. Antemeridiem._ Sess. 27.

_A seasonable and necessary Warning and Declaration, concerning Present and Imminent dangers, and concerning duties relating thereto, from the Generall Assembly of this Kirk, unto all the Members thereof._

The Lord who chooses Jerusalem in a furnace of Affliction, hath been pleased since the beginning of the work of Reformation in this Land, to exercise his People with many trials; all that desired to keep a good conscience, were not long agoe under many heavy and sad pressures from the insolency and oppression of a prevailing party of dis-affected and Malignant men, who under a pretext of bringing the King to a condition of Honour, Freedom and Safety, did carry on an unlawfull Engagement against the Kingdom of _England_: and if the Lord had not been mercifull unto his people, they were like either to have been banished out of the Land, or to have been kept in a perpetuall bondage in their consciences, persons and estates: But he whose Messengers those men had mocked, and whose word they had despised, did bring them down suddenly in a day, and restored liberty and peace unto his people: A mercy and deliverance, which as it ought to be remembred with thankfulnesse and praise, so may it engage our hearts not to faint in troubles and straites that do yet abide us but to trust in the name of the Lord, who both can and will deliver us still out of all our afflictions.

Albeit, wee do now enjoy many rich and precious blessing wherin wee have reason to be comforted, and to rejoyce; yet it were to shut our own eyes if we should not see our selves involved in, and threatned with many and great dangers at home and from abroad, it is matter of exceeding great sorrow to think upon the ignorance and profanity, the impenitencie and security that abounds still in the Land, notwithstanding all the gracious dispensation of the Gospel, and means of grace in such purity and plenty, that none of the Nations round about us can boast of the like, and of all his sharp rods wherewith he hath afflicted us from year to year, and of all the mercies and deliverances wherewith he hath visited us, and of our late solemn confession of sinnes, and engagement unto duties, sealed with the renewing of the Covenant and the Oath of God; Which some men have so far already forgotten, as to return with the dogge to the vomit, and with the sow to the puddle: And many signes of inconstancy and levity do appear among all sorts and ranks of persons, who seem to want nothing but a sutable tentation to draw them away from their stedfastnesse; Our Army is not yet sufficiently purged, but there be still in it Malignant and scandalous men, whose fidelity and constancy, as it is much to be doubted, so is the wrath of the Lord to be feared, upon their proceedings and undertakings, without a speedy and effectuall remedy.

That prevailing party of Sectaries in _England_, who have broken the Covenant, and despised the Oath of God, corrupted the truth, subverted the fundamentall Government, and taken away the Kings life look upon us with an evill eye, as upon these who stand in the way of their monstruous and new fangled devices in Religion and Government; And though there were no cause to fear any thing from that party but the Gangrene and infection of those many damnable and abominable errours which have taken hold on them yet our vicinity unto and daily commerce with that Nation, may justly make us afraid that the Lord may give up many in this Land unto a spirit of delusion to beleeve lies, because they have not received the love of the truth.

Neither is the Malignant party so far broken and brought low, as that they have abandoned all hopes of carrying on their former designs against the Covenant and work of Reformation: Beside many of them in this Kingdom, who are as Foxes tied in chains, keeping their evill nature, and waiting an opportuny to break their cords, and again to prey upon the Lords people, there be standing Armies in _Ireland_, under the command of the Marquesse of _Ormond_, The Lord _Inchqueen_, the Lord of _Airds_, and _George Munro_, who forgetting all the horrible cruelty that was exercised by the Irish Rebels, upon many thousands of the English and Scottish Nations in that land, have entred into a Peace and Association with them, that they may the more easily carry on the old designes of the Popish, Prelaticall and Malignant party, And the Lord of _Airds_, and _George Monro_, have by treachery and oppression brought the Province of _Ulster_, and Garrisons therein, under their power and Command, and have redacted our country-men, and such as adhere unto the Covenant, and cause of God in that Province, unto many miseries and straits, and are like to banish the Ministers of the Gospell, and to overturn these faire beginnings of the work of God, which were unto many a branch of hope, that the Lord meant to make _Ireland_ a pleasant land.