_Act for the present Entrie of the new erected Presbyterie at_ Biggar.
The which day anent the Supplication subscribed and given in to the
General Assembly to the Ministers and ruling Elders of the Kirks of
_Biggar, Skirling, Brochton, Glenquhome, Kelbocho, Culter, Lamyngtoun,
Symontoun, Covingtoun Quothquen, Welstonn_, and _Dolphingtoun_ making
mention, That the General Assembly at _Edinburgh_ in August 1643. years,
by their Act of the date of the twelfth day of the samine moneth and year,
did upon good grounds, and after tryal and hearing of all Parties to the
full, erect a Presbyterie seat at _Biggar_, to consist of the Kirks
above-written, And granted to their Presbyterie full power of jurisdiction
and exerceing Discipline, with all other Liberties and Priviledges
belonging to any other Presbyterie; but suspended the entrie and
possession of this new erected Presbyterie, during the pleasure of the
Assembly; And therefore desiring the said Generall Assembly to ordaine and
appoint the entrie and possession of the foresaid Presbyterie at _Biggar_
now presently; And to declare, that it is their pleasure, that the entrie
and possession thereof shall be no longer suspended, as the Supplication
proports. Which Supplication being read in audience of the Generall
Assembly, and thereafter the Commissioners from the Presbyteries of
_Lanerk_ and _Peebles_, and all others having entresse to oppose the
desire foresaid being publickly called, and the saids Commissioners for
_Peebles_ and _Lanerk_ personally present, being at length heard in what
they could say or alledge therein: And the said the Supplication and
desire thereof, with the Alledgeances and Objections made against the
samine, being taken to consideration by the Assembly, and they therewith
being fully and ripely advised: The Assembly after removing of the
Parties, and after consideration of the premisses and voycing of the
foresaid desire, Ordaines the entrie and possession of the foresaid
Presbyterie of _Biggar_, consisting of the particular Kirks
above-mentioned, to begin now presently; And appoints and ordaines all the
Ministers and Ruling Elders of the foresaids Kirks above specified,
whereof the said Presbyterie consists, to meet and conveene as a
Presbyterie, with all convenience, at the said Kirk of _Biggar_, which is
the Place and Seat of the samine Presbyterie. And the Assembly refers to
the Commissioners to be appointed by them for the publick affairs of the
Kirk, to determinn to what Synod the said new erected Presbyterie shall be
subordinate; As also to prescribe the order and solemnities that shall be
necessar for entring and possessing the Ministers and Elders in the said
Presbyterie.
_Junii_ 3. 1644 Sess.
_Act concerning the Declaration subscribed by the Scottish Lords at_
Oxford.
The Generall Assembly having received a Copy of a Declaration, made and
subscribed at _Oxford_, sent unto them from the honourable Convention of
Estates, and having seriously considered the tenour thereof, doth finde
the same to be a perfidious Band and unnaturall confederacy, to bring this
Kirk and Kingdome to confusion; and to be full of blasphemies against the
late solemne League and Covenant of the three Kingdomes, of vile
aspersions of Treason, Rebellion and Sedition, most falsly and impudently
imputed to the Estates and the most faithfull and loyall Subjects of these
Kingdomes, And seeing it is incumbent to the Assembly to take notice
thereof, and to stop the course of these malicious intentions, in so farre
as concernes them, Declare that the subscribers of this or the like
Declaration or Band, or any that have been accessory to the framing, or
that has been, or shall be accessory to the execution thereof, deserve the
highest censure of the Kirk: And therefore gives power to the
Commissioners of this Assembly appointed for the publick affairs, to
proceed against them to the sentence of Excommunication, unlesse they make
humble confession of their offence publickly, in such manner, and in such
places as the Commission shall prescribe; Or otherwise to refer the tryall
and censure of such Delinquents to Presbytereries or Synods as they shall
think convenient. And when the sentence of Excommunication shall be
pronounced, discharges Presbyteries or Synods to relax any from the
sentence, without the advice of the Generall Assembly, or their
Commissioners, _nisi in extremis_. And in respect of the atrocicite of
this Fact, the Assembly in all humility, do seriously recommend to the
right honourable the Estates of Parliament to take such course, as the
persons that shall be found guilty, may be exemplary punished, according
to the merit of so unnaturall and impious an offence: And that some
publick note of ignominie be put upon the Declaration and Band it self, if
their Honours shall think it meet.
_Act against the Rebells in the North and South._
The Generall Assembly considering the just sentence pronounced against the
principall Actors in that Rebellion in the North and South, by ordinance
of the Commissioners of the late Assembly; And finding it most necessary,
that such as assisted or joyned with them in that impious and unnaturall
Fact, be likewise censured; Therefore ordains Presbyteries and Synods
_respectivè_, to proceed against them with the highest Censures of the
Kirk, if they give not satisfaction by publick repentance; And when the
sentence of Excommunication shall be pronounced, The Assembly discharges
the said Judicatories to relax any of them from the sentence, without the
advice of the Generall Assembly, or their Commissioners, _nisi in
extremis_: To whom also the saids Presbyteries and Synods, shall be
answerable for their diligence in the premisses as they shall be required.
And the Assembly doth humbly recommend to the Honourable Estates of
Parliament, to take such course as the Persons that shall be found guilty
may be exemplarly punished according to the merit and degree of their
offence.
_Act against secret disaffecters of the Covenant_
The Generall Assembly understanding that divers Persons dis-affected to
the Nationall Covenant of this Kirk, and to the Solemne League and
Covenant of the three Kingdoms, do escape their just censure, either by
their private and unconstant abode in any one Congregation, or by secret
conveyance of their malignant speeches and practises; Therefore ordains
all Ministers to take speciall notice when any such Person shall come
within their Paroches, and so soon as they shall know the same, that
without delay they cause warn them to appear before the Presbyteries
within which their Paroches lyes, or before the Commissioners of this
Assembly appointed for publick affairs, as they shall finde most
convenient, which warning the Assembly declares shall be a sufficient
citation unto them: And als that all Ministers and Elders declare to the
saids Judicatories _respectivè_, every such disaffected person, although
without their own Paroch, so soon as they shall hear and be informed of
them. And the Assembly ordains the said Commissioners not only to proceed
to Tryal and Censure of such disaffected Persons, but also take a special
account of the diligence of Ministers, Elders, and Presbyteries herein
_respectivè_.
_Act for sending Ministers to the Armie._
The Assembly understanding that Ministers are not duly sent forth to the
Regiments of the Army, neither such as are sent duly relieved, which
neglect falleth out oftimes, by reason of questions among Presbyteries
interested in the Regiments: Therefore for remedy hereof, thinks it
convenient that this order be keeped hereafter; That a List be made of
three Ministers by the Colonels, or in their absence by the chief Officers
of every Regiment, with advice and consent of the Presbyterie at the Army,
and sent to Presbyteries here, or if the list be of Ministers in divers
Presbyteries to the Commissioners of the General Assembly, that they may
appoint one out of that list to be sent to the Regiment, to attend them
for performing Ministeriall duties 3 Moneths: And that the relief of
Ministers already sent or to be sent hereafter shall be in the same
manner, And the Assembly ordains Ministers who shall be thus appointed by
Presbyteries or the Commissioners of the Assembly _respectivè_, to repair
to the Armie with all diligence, under the paine of suspension: And humbly
recommends to the Honourable Estates of Parliament, to provide some way
whereby these Ministers may have due and ready payment of their allowance,
from the time of their going from their charges here. And it is declared
that this order shall be also keeped for sending forth of Ministers to the
Regiments in the second expedition.
_Renovation of the Commission for the Publick affairs of the Kirk._
The Generall Assembly considering that the Commissioners appointed by the
last Assembly upon the ninteenth day of August 1643. years, the last
Session thereof to sit at _Edinburgh_, for the Publick affairs of the
Kirk, have not yet fully perfected that great Work for Unity of Religion,
and Uniformitie of Kirk-government in his Majesties Dominions; And that
now in respect of the present condition of affairs in this Kingdome, their
proceedings cannot be examined at this time: Therefore finding it necessar
that the said Commission be renewed unto the Commissioners therein
mentioned, and to the Persons afternamed now thought, fit to be added for
the better expediting of the businesse, Do hereby appoint the Persons
particularly nominate in the said Commission, _viz._ Masters _Andrew
Ramsay, Alexander Henderson, Robert Douglas, William Colvill, William
Bennet, George Gillespie, John Oiswald, Mungo Law, John Adamson, John
Sharp, James Sharp, William Dalgleish, David Calderwood, Andrew Blackball,
James Fleeming, Robert Ker, John Mackenzie, Oliver Cole, Hugh Campbell,
Adam Penman, Richard Dickson, Andrew Stevinson, John Lawder, Robert Blair,
Samuel Rutherfurd, Arthur Mortoun, Robert Traill, Frederick Carmichael,
John Smith, Patrick Gillespie, John Duncan, John Hume, Robert Knox,
William Jameson, Robert Murray, Henry Guthrie, James Hamilton,_ in
_Dumfreis, Bernard Sanderson, John Levingstoun, James Bonar, Evan Camron,
David Dickson, Robort Bailzie, James Cuninghame, George Youngh, Andrew
Affleck, David Lindsay, Andrew Cant, William Douglas, Murdo Mackenzie,
Coline Mackenzie, John Monroe, Walter Stuart_ Ministers; _Archbald_
Marquesse of _Argyle, William_ Earle _Marshall, John_ Earle of
_Sutherland, Alexander_ Earle of _Eglingtoun, John_ Earle of _Cassils,
Charles_ Earl of _Dumfermeling, John_ Earle of _Lauderdale, John_ Earle of
_Lindsay, James_ Earle of _Queensberry, William_ Earle of _Dalhousie,
Archbald_ Lord _Angus, James_ Vicount of _Dudhope, John_ Lord _Maitland,
David_ Lord _Elcho, John_ Lord _Bahnerinoch, James_ Lord _Cowper_, Sir
_Patrick Hepburne_ of _Waughtoun_, Sir _Archbald Johnstoun_ of
_Waristoun_, Sir _David Hume_ of _Wedderburne_, Sir _Alexander Areskine_
of _Dun_, Sir _William Cockburne_ of _Langtoun_, Sir _Thomas Ruthven_ of
_Frieland_, Sir _James Arnot_ of Fernie, Sir _Walter Riddall_ of that Ilk,
Sir _Ledovick Houstoun_ of that Ilk, Sir _William Carmichael_ Fiar of that
Ilk, Mr _George Douglas_ of _Bonjedburgh_, Mr _George Winrame_ of
_Libertoun_, Laird of _Brodie_, Sir _John Smith, James Dennistoun_, Master
_Robert Barclay, John Rutherford, William Glendunning, John Sempill, John
Kennedy_ and Master _Alexander Douglas_ Elders: And also Masters, _David
Dalgleish, Andrew Bennet, John Moncreiff, Alexander Carse, Thomas Wilkie,
James Gushrie, Henry Levingstoun, David Drummond at Creiff, John Hay at
Renfrew, John Strang, Richard Inglis, William Falconer, John Paterson,
Gilbert Rosse, Richard Maitiand, George Cumming, William Campbel_
Ministers, And _William_ Earle of _Glancairne, William_ Earle of
_Louthian, James_ Lord _Murray_ of _Gask, John_ Lord _Yester, Robert
Maitland, Frederick Lyon_ of _Brigtoun, James Macdowell of Garthland,
David Beton of Creich_, Sir _James Stuart_ Sheriff of _Buit_, Sir _John
Weemes_ of Bogie, Mr _William Sandilands_ Tutor of _Torphichin, Archbald
Sydserfe, Laurence Henderson, James Stuart, Thomas Paterson_, and
_Alexander Jaffrry_ Elders now added by this Assembly, to meet at
_Edinburgh_ upon the fifth day of this instant moneth of June, and upon
the last Wednesday of August next, the last Wednesday of November next,
and upon the last Wednesday of February next; and upon any other day, or
in any other place they shall think meet: Giving and granting unto them,
or any fifteen of them, there being twelve Minister present, full power
and commission to prosecute the said work of unitie in Religion, and
uniformitie of Kirk government in all his Majesties Dominions, and to do
and performe all things particularly or generally contained in the said
Commission of the preceeding Assembly, or in an Act of the said Assembly
upon the said 19. day of August, intituled, _A Reference to the Commission
anent the Persons designed to repair to the Kingdome of England_, and to
treat and determine therin, and in all other matters referred unto them by
this Assembly, siclike, and as freely, as if all these were herein
expressed, and as the persons nominat in that said former Commission might
have done by vertue of the said Act and former Commission at any time
by-gone, and with as ample power as any Commission of former General
Assemblies hath had, or been in use of before, they being alwayes
comptable and censurable for their whole proceedings hereintill by the
next General Assembly.
_Renovation of the Commission granted to the Persons appointed to repair
to the Kingdome of_ England.
The General Assembly, finding that the great Work of unity in Religion,
and uniformity of Kirk-government in all his Majesties Dominions is not
yet perfected, Do therefore renew the Commission granted for that effect
by the preceeding Assembly, unto the Persons appointed to repair to the
Kingdome of _England_ upon the 19. day of August 1643. in the last Session
thereof, Giving and granting to the Persons therin mentioned, the same
power, to do all and every thing particularly or generally contained in
the said Commission, in the same manner, and as fully, as if the same were
herein expressed, and as they might have done at any time by gone by
vertue of the former Commission.
_The Assemblies answer to the Presbyterie with the Armie._
_Reverend and loving Brethren in the LORD,_
We received yours of the 17 and 20 of May, and were much refreshed with
the knowledge you gave unto us therein, of your sense of our condition
here, and of the Lords dealing with yourselves there in your straits and
difficulties: We rejoyce exceedingly to see you make such a blessed use of
the Lords delayes, for your further Humiliation and Dependence upon him:
That Sanctuary, your Enemies, and the Enemies of your GOD hath taken,
shall not save them: You have found by experience in your marches and
maintenance, that events are not ordered by the propositions of men, but
by the Providence and purpose of GOD. There is a time for every purpose
under Heaven, and the Cup of the _Amorites_ must be filled: Which being
now full of every abomination, yea of the blood of the Saints, the cry
whereof cannot but be heard in Heaven, and answered on Earth, presageth no
lesse to us, than that the Lords time of his deliverance of his own, and
destruction of his Enemies draweth near.
We are not unsensible of your present estate, and by the Lords grace shall
be careful, both here and with our Congregations at home, to make all take
the same to heart. As for our condition here remembred with such pious
affection by you, we doubt not but ye have heard what the Lord hath done
for us; these happy beginnings of the Lords scattering our unnatural
Enemies in the North, gives us confidence of his assistance in the midst
of difficulties against these that assault us in the South: It is nothing
with the Lord to help whether with many, or with them that have no power.
The security of this Nation indeed is great, it is our part to blow the
Trumpet to give warning to the People, and to rouze them from that fearful
condition which threatneth so much desertion. And to this end we have
injoyned a solemne Fast, the causes whereof being more particularly
considered by our Commissioners here, will no question be sent unto you,
that if the Lord please, you may joyne with us there in that Action.
We have set down an order to be kept hereafter, for sending Ministers unto
the Armie, which the Clerk will send herewith unto you. Now the Lord our
GOD, in whose Name his people go forth against his Enemies, help and
assist them, and cover their heads in the Day of Battel, and be their
Refuge; and blesse your travels and endeavours, for the good of their
souls and his own glory.
_Edinburgh_, 3. June 1644.
_Subscribed in name of the Generall Assembly by the Moderator._