_Articles and Overtures approved by the Assembly._
That some Commissioners be appointed to visit and peruse the whole Acts of
General Assemblies, and to marke such Acts as are for the use of the Kirk
in General, To extract the same out of the Registers, to the effect that
after they be tryed, they may be printed according to the old Acts of the
Assembly at _Edinburgh_, _March 7. 1574._ _Sess._ 9.
_The Assembly appoints the Presbyterie of_ Edinburgh, _to have a
care of this article, and to report their diligence to the next
Assembly._
That course may be taken for restraining of people from passing to
_England_ to marry, which is the occasion of great in conveniences.
_The Assembly alloweth this article, and recommends to the
Parliament, that they would appoint a pecuniall summe to be payed
by the contraveeners._
That the Acts for furnishing expences to Commissioners, sent by the
Presbyteries to the General Assembly, and sent in Commission by Generall
Assemblies, may be explained; And it be declared that all such
Commissioners whatsoever, by their stipends may be furnished by the Kirks
of the Presbyterie, according to the order, set down in the Act of the
last Assembly, since the errand is common, and the benefit concerneth all:
and that order may be taken, how that an expedient voluntarie course,
thought fit by the Assembly, shall by advise of Parliament, have the force
of a law, for compelling these to pay who are stented, both for the last
and this Assembly and in time to come.
_The Assembly allowes this article, and referres the same to the
Parliament._
That the Session-books of every Paroche be presented once a year to the
Presbyteries, that they may be tryed by them.
_The Assembly alloweth this article._
That the Act of the 38. Assembly at _Edinburgh_, _October 24, 1578._ Sess.
8. ordaining Ministers who are deposed, to be charged under the pain of
excommunication, to dimit their places, that they may be unquestionably
vacand, may now be renewed.
_The Assembly alloweth this article, and remits the same to the
Parliament._
The Assembly would revive or renew all former Acts of Assembly against
Papists, and excommunicate persons, against haunters with them and
receivers of them.
_The Assembly alloweth this article._
That an uniforme Catechisme may be appointed to be used throughout this
whole Kingdome in the examinations before the Communion.
_The Assembly alloweth this article._
That all Ministers or Intrants presented to Kirks, be tryed before their
admission, if they be qualified for the places to which they are
presented, besides the ordinary tryalls of Expectants before their entrie
to the Ministerie.
_The Assembly alloweth this article._
Sess. 23. August 30. 1639.
_The Supplication of the General Assembly to the Kings Majesties
Commissioner, concerning the Book, called_, The large Declaration.
We the Members of this present Assembly, for our selves, and in name of
the severall Presbyteries, Burghs, and Universities, for which we are
Commissioners resenting the great dishonour done to God, our King, this
Kirk, and whole Kingdome, by the Book called, _A large Declaration_, have
here represented the same to your Grace, and have collected some amongst
many of false grosse and absurd passages; That from the consideration
thereof, your Grace, perceiving the intolerable evills foresaids contained
therein, may be pleased to represent the same to our gracious Soveraigne,
and in our behalfs humbly to beseech his Majestie, so much wronged by the
many foul and false relations, suggested and perswaded to him as trueths,
and by stealing the protection of His Royal Name and Authoritie to the
patrocinie of such a Book: To be pleased first to call in the said Book:
and thereby to shew his dislike thereof: Next to give Commission and
warrant, To cite all such parties as are either knowne or suspect to have
hand in it, and to appoint such as His Majestie knowes to be either
authors, informers, or any wayes accessarie, being Natives of this
Kingdome, To be sent hither to abide their tryall and censure before the
Judge Ordinary, and in speciall Master _Walter Balcanquell_, now Deane of
_Durham_, who is known and hath professed to be the author, at least a
vower and maintainer of a great part thereof; that by their examplar
punishment, others may be deterred from such dangerous courses, as in such
a way to raise sedition betwixt the King and His Subjects, Gods honour may
be vindicate from so high contempt, His Majesties justice may appear, not
only in cutting away such Malefactors, but in discouraging all such
under-miners of His throne, His loyall and loving Subjects shall be
infinitly contented to be cleared before the world of so false and unjust
imputations, and will live hereafter in the greater securitie, when so
dangerous a course of sedition is prevented, and so will have the greater
and greater cause to pray for His Majesties long & prosperous Reigne.
_His Majesties Commissioner in Councell having received the said
supplication, promised to impart the same to His Majesty, and to
report his diligence therein._
_The Supplication of the Assembly to His Majesties High Commissioner, and
the Lords of secret Councell._
Wee the Generall Assembly, considering with all humble and thankful
acknowledgement, the many recent favours bestowed upon us by His Majestie,
and that there resteth nothing for crowning of His Majesties incomparable
goodnesse towards us, but that all the members of this Kirk and Kingdom be
joyned in one and the same Confession and Covenant with God, with the
Kings Majestie, and amongst ourselves: And conceiving the main lett and
impediment to this so good a work, and so much wished by all, to have been
the Informations made to his Majestie, of our intentions to shake off
Civil and dutiful obedience due to Soveraignity, and to diminish the Kings
greatnesse and authoritie, and being most willing and desirous to remove
this and all such impediments which may hinder and impede so full and
perfect an Union, and for clearing of our loyaltie, WEE in our own names,
and in name of all the rest of the Subjects and Congregations whom we
represent, do now in all humility represent to your Grace, His Majesties
Commissioner, and the Lords of His Majesties most honourable privie
Councel, and declares before God and the World, that we never had nor have
any thought of with-drawing our selves from that humble and dutiful
obedience to His Majestie, and to his Government, which by the descent &
under the reign of 107 Kings is most chearfully acknowledged by us and our
predecessors: And that we never had, nor have any intention nor desire to
attempt any thing that may tend to dishonour of God, or the diminution of
the Kings greatnesse and authoritie: But on the contrary, acknowledging
our quietnesse, stabilitie and happinesse to depend upon the safety of the
Kings Maj. Person, & maintenance of His greatnesse and Royal authority who
is Gods Vice-gerent set over us, for the maintenance of Religion and
ministration of Justice, We have solemnly sworn and do sweare, not only
our mutual concurrence and assistance for the cause of Religion, and to
the uttermost of our power, with our means and lives, to stand to the
defence of our dread Soveraigne, his Person and authority, in preservation
and defence of the true Religion, Liberties and Lawes of this Kirk and
Kingdome, but also in every cause which may concerne His Majesties honour,
shall according to the Lawes of this Kingdome, and the duties of good
Subjects concurre with our friends and followers in quiet manner, or in
armes, as we shall be required of His Majestie, His Councel, or any having
his Authority. And therefore being most desirous to cleare our selves of
all imputation of this kinde, and following the laudable example of our
predecessors, 1589. do most humble supplicate your Grace, His Majesties
Commissioner, and the Lords of His Majesties most honourable privie
Councell, to enjoyn by Act of a Councel, that this Confession and
Covenant, which, as a testimony of our fidelity to God, and loyaltie to
our King, we have subscribed, be subscribed by all His Majesties Subjects,
of what rank and quality soever.
_The Act of the Lords of Councel at_ Edinburgh, August 30. 1639.
_containing the_ Answer _of the preceding_ Supplication.
The which day in presence of the Lord Commissioner and the Lords of privie
Councel, compeired personally _John_ Earle of _Rothes_, _James_ Earle of
_Montrose_, _John_ Lord _Lowdoun_, Sir _George Stirling_ of Keir Knight,
Sir _William Douglas_ of Cavers Knight, Sir _Henry Wood_ of Bonytoun
Knight, _John Smyth_ Burgesse of _Edinburgh_, Mr. _Robert Barclay_ Provest
of Irwing, Mr. _Alexander Henderson_ Minister at Edinburgh, and Mr.
_Archbald Johnstoun_ Clerk to the General Assembly, and in the name of the
present sitting General Assembly, gave in to the Lord Commissioner, and
Lords of privie Councel, the Petition above written; which being read,
heard, and considered by the saids Lords, they have ordained, and ordain
the same to be insert and registrate in the books of Privie Councel, and
according to the desire thereof, ordaines the said Confession and Covenant
to be subscribed in time coming by all His Majesties Subjects of this
Kingdome, of what ranke and quality soever.
_The Kings Majesties Commissioners Declarations._
The which day His Majesties Commissioner, and Lords of Councel, after the
receiving of the Supplication of the General Assembly, anent the
subscribing of the Covenant, having returned to the Assembly, His
Majesties Commissioner in name of the Councel, declared; That he had
received the Supplication of the Assembly, desiring that the Covenant
might receive the force of an Act of Councel, to be subscribed by all His
Majesties Subjects, that they had found the desire so fair and reasonable,
that they conceived themselves bound in duety to grant the same; and
thereupon have made an Act of Councel to that effect: And that there
rested now the Act of Assembly. And that he himself was so fully
satisfied, that he came now as his Majesties Commissioner to consent fully
unto it: And that he was most willing that it should be enacted here in
this Assembly, to oblige all his Majesties Subjects to subscribe the said
Covenant, with the Assemblies explanation. And because there was a third
thing desired, His subscription as the Kings Commissioner, unto the
Covenant, which he behoved to do, with a Declaration in writ, and he
declared as a Subject, he should subscribe the Covenant as strictly as
any, with the Assemblies Declaration; but as His Majesties Commissioner in
his name behoved to prefix to his subscription, the Declaration following,
which no _Scots_ Subjects should subscribe, or have the benefit of, no not
himself as Earle of _Traquair_. The tenor whereof follows:
Seeing this Assembly, according to the laudable form and custome
heretofore kept in the like cases, have in an humble and dutiful way,
supplicate to us His Majesties Commissioner, and the Lords of His most
honourable Privie Councel, That the Covenant, with the explanation of this
Assembly, might be subscribed: And to that effect that all the Subjects of
this Kingdome by Act of Councel be required to doe the same: And that
therein for vindicating themselves from all suspitions of disloyaltie, or
derogating from the greatnesse and authoritie of our dread Soveraigne,
have therewith added a Clause, whereby this Covenant is declared one in
substance with that which was subscribed by His Majesties Father of
blessed memory 1580, 1581, 1590. and oftner since renewed. Therefore I as
His Majesties Commissioner, for the full satisfaction of the Subjects, and
for settling a perfect Peace in Church and Kingdome, doe according to my
foresaids Declaration and Subscription, subjoyned to the Act of this
Assembly of the date the 17 this instant, allow and consent that the
Covenant be subscribed throughout all this Kingdome. In witnes whereof I
have subscribed the premisses.
_Like as his Majesties Commissioner, read and gave in the Declaration
following, of his consent to the Act of the Assembly_ 17. August, _anent
the causes of our by gone evils._
I _John_ Earle of _Traquair_, His Majesties Commissioner this present
Assembly, doe in His Majesties Name declare, that nothwithstanding of His
Majesties own inclination, and many other grave and weightie consideration
yet such is His Majesties incomparable goodnesse, that for settling the
present distractions, and giving full satisfaction to the Subject, He doth
allow, like as I His Majesties Commissioner do consent to the foresaid
Act, and have subscribed the premisses.
_Like as His Majesties Commissioner, read and gave in the Declaration
following:_
It is alwayes hereby declared by me His Majesties Commissioner, That the
practise of the premisses, prohibited within this Kirk and Kingdome,
outwith the Kingdome of _Scotland_ shall never bind nor inferre censure
against the practises outwith the Kingdome; which when the Commissioner
required to be insert in the Register of the Kirk, and the Moderator in
name of the Assembly, refused to give warrant for such practise, as not
agreeable with a good conscience His Grace urged, that it should be
recorded, at least that he made such a Declaration, whatsoever was the
Assemblies Judgement in the contrair: And so it is to be understood to be
insert here onely _recitative_.
_Act ordaining the subscription of the Confession of Faith and Covenant,
with the Assemblies Declaration._
The Generall Assembly considering the great happiness which may flow from
a full and perfect Union of this Kirk and Kingdome, by joyning of all in
one and the same Covenant with God, with the Kings Majestie, and amongst
our selves, having by our great Oath declared the uprightnesse and
loyaltie of our intentions in all our proceedings, and having withall
supplicated His Majesties high Commissioner, and the Lords of His
Majesties honorable Privie Councell, to injoyn by Act of Councell, all the
Lieges in time coming to subscribe the Confession of faith and Covenant,
which as a testimony of our fidelity to God and loyaltie to our King we
have subscribed; And seeing His Majesties high Commissioner, and the Lords
of His Majesties honorable Privie Councell, have granted the desire of our
Supplication, ordaining by Civill authority, all His Majesties Lieges in
time comming, to subscribe the foresaid Covenant, that our Union may be
the more full and perfect, We by our Act and Constitution Ecclesiasticall,
do approove the foresaid Covenant, in all the Heads and Clauses thereof
and ordains of new, under all Ecclesiasticall censure, that all the
Masters of Universities, Colledges, and Schooles, all Schollers at the
passing of their degrees, all persons suspect of Papistry, or any other
errour; and finally all the members of this Kirk & Kingdome, subscribe the
same with these words prefixed to their subscription: _The Article of this
Covenant, which was at the first subscription referred to the
determination of the General Assembly, being determined. And thereby the
five Articles of_ Perth, _the government of the Kirk by Bishops, the
civill places and power of Kirkmen, upon the reasons and grounds contained
in the Acts of the Generall Assembly declared to be unlawfull within this
Kirk: we subscribe according to the determination foresaid._ And ordains
the Covenant, with this Declaration, to be insert in the Registers of the
Assemblies of this Kirk, Generall, Provinciall, and Presbyteriall, _ad
perpetuam rei memoriam_; and in all humility supplicates His Majesties
high Commissioner, and the honourable Estates of Parliament, by their
authority, to ratifie and injoyne the same, under all civill paines, which
will tend to the glory of God, preservation of Religion, the Kings
Majesties honour, and perfect peace of this Kirk and Kingdome.
_Act anent Appellations._
The Assembly appointed that in all time hereafter, no Appellations should
be leaping over either Presbyterie or Synod, but to ascend by degrees as
from the Kirk Session to the Presbytry, or from the Presbyterie to the
Synod, and from the Synod to the Generall Assembly, except it be after the
Synod be past, and immediatly before the Generall Assembly, or in the time
thereof, and renews all former Acts made to this effect.
_Act anent advising with Synods and Presbyteries before determination in
Novations._
The Generall Assembly desiring that the intended Reformation being
recovered, may be established, Ordains, that no Novation which may
disturbe the peace of the Church, and make division, be suddenly proponed
and enacted: But so as the motion be first communicate to the severall
Synods, Presbyteries and Kirks, that the matter may be approved by all at
home, and Commissioners may come well prepared, unanimously to conclude a
solide deliberation upon these points in the Generall Assembly.
_Act anent Ministers Catechising, and Family Exercises._
The Assembly considering that the long waited-for fruits of the Gospel, so
mercifully planted and preserved in this Land, and Reformation of
ourselves, and Families, so solemnly vowed to God of late in our Covenant,
cannot take effect, except the knowledge and worship of God be caried from
the Pulpit to every family within each Parish, hath therefore appointed
that every Minister, besides his paines on the Lords day, shall have
weekly catechising of some part of the Paroch, and not altogether cast
over the examination of the people, till a litle before the Communion.
Also that in every Familie the worship of God be erected, where it is not
both Morning and Evening, and that the Children & Servants be catechised
at home, by the Masters of the Families, whereof account shall be taken by
the Minister, and Elders assisting him in the visitation of every Family:
And lest they fail, that visitation of the severall Kirks be seriously
followed by every Presbyterie, for this end among others. The execution
and successe whereof, being tried by the Synods, let it be represented to
the next Generall Assembly.