Sess. 2. July 29. 1640.
The Assembly having past the first day before they would make any Act in
attending of His Majesties Commissioner.
This day the Moderator openly asked in face of the Assembly, if there was
any Commissioner come from His Majestie: And finding there was none, the
Assembly proceeded according to their Liberties.
_Overtures given in by the Committee appointed by the last Assembly, anent
the ordering of the Assembly-house: Which being read in audience of the
Assembly they approved the same._
I. The Assembly finds it expedient for the ordering of the House in all
time coming, that the Commissioners sit together unmixt, and that the
places where they sit be railed about, or some other way divided from the
seats of others, and that places be provided without the bounds of the
Commissioners seats to persons of respect, who are not Commissioners, and
others according to their qualities, as the Magistrates of the Town shall
find most convenient.
II. Also that the Commissioners, having received tickets from the
Magistrates of the Burgh, at the delivery of their Commissions, whereby
they may have ready accesse to the Assemblie-House and place appointed for
them, do keep the hour of meeting precisely, and whosoever comes after the
time, or shall be found absent at the calling of the Rols, to be censured
as the Assemblie sees fitting: And whatsoever Presbyterie, Burgh, or
Universitie, shall not send Commissioners, or Commissioners sent from them
doe not come at all to the Assembly, be summond unto the next Assembly,
and censured as the Assembly shall find reasonable.
III. That foure persons of respect have warrant from the Assembly to
injoyne that there be no standing, no din, nor disorderly behaviour; And
if any shall disobey them, or direct his speech to any, except to the
Moderator, and that one at once with leave at first asked and given, to be
rebuked publikely by the Moderator: And if he desist not be removed out of
the Assembly for that Session.
IV. That no motion come in unto the Assembly but by the Committee
appointed for matters of that nature: And if the Committee refused to
answer the same, let it be proponed to the Assembly with the reasons
thereof.
V. That the minutes of ilk Session be read before their rising, and if the
matter concerne the whole Kirk, let it be drawn up in forme and read in
the beginning of the next ensuing Session, that the Assembly may judge
whether or not it bee according to their minde.
_Act anent the demolishing of Idolatrous Monuments._
Forasmuch as the Assembly is informed, that in divers places of this
Kingdome, and specially in the North parts of the same, many Idolatrous
Monuments, erected and made for Religious worship, are yet extant, Such as
Crucifixes, Images of Christ, _Mary_, and Saints departed, ordaines the
saids Monuments to be taken down, demolished, and destroyed, and that with
all convenient diligence: And that the care of this work shall be
incumbent to the Presbyteries and Provinciall Assemblies within this
Kingdome, and their Commissioners to report their diligence herein to the
next Generall Assembly.
_Act against Witches and Charmers._
The Assembly ordaines all Ministers within the Kingdome, carefully to take
notice of Charmers, Witches, and all such abusers of the people, and to
urge the Acts of Parliament, to be execute against them: And that the
Commissioners from the Assembly to the Parliament, shall recommend to the
said supreme judicatory, the care of the execution of the Lawes against
such persons in the most behoovefull way.
Sess. 5. Aug. 1. 1640.
_Act for censuring speakers against the Covenant._
The Assembly ordaines, that such as have subscribed the Covenant and
speakes against the same, if he be a Minister, shall be deprived: And if
he continue so, being deprived, shall be excommunicate: And if he be any
other man, shall be dealt with as perjured, and satisfie publikely for his
perjury.
Sess. 10. Aug. 5. 1640.
_Act against Expectants refusing to subscribe the Covenant._
The Assembly ordaines, that if any Expectant shall refuse to subscribe the
Covenant, he shall be declared uncapable of a Pedagogie, teaching of a
School, reading at a Kirk, Preaching within a Presbyterie, and shall not
have libertie of residing within a Burgh, Universitie or Colledge: And if
they continue obstinate, to be processed.
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_The Generall Assembly appoints the next Assembly, to be in_ St. Andrews
_the third Tuesday of_ July 1641. _And that the Moderator in a convenient
way, by the secret Councell—or otherwise as may best serve, request the
Kings Majestie to send his Commissioner to the said Assembly. And if any
exigent fall out, that the Presbyterie of_ Edinburgh _give advertisement
for an Assembly_ pro re nata.