_Act for censuring the Observers of Yule-day, and other superstitious
dayes, especially if they be Schollars._
The General Assembly taking to their consideration, The manifold Abuses,
Profanitie, and Superstitions, committed on Yule-day and some other
superstitions dayes following, Have unanimously concluded, and hereby
Ordains, That whatsoever Person or Persons hereafter shall be found guilty
in keeping of the foresaid superstitious dayes, shall be proceeded against
by Kirk Censures, and shall make their publick Repentance therefore in the
face of the Congregation where the offence is committed: And that
Presbyteries and Provinciall Synods Take particular notice how Ministers
try and censure Delinquents of this kinde, within the severall Parochines.
And because Schollars and Students give great scandal and offence in this,
That they (being found guilty) be severely disciplined and chastised
therefore by their Masters: And in case the Masters of Schools or
Colledges be accessorie to the said superstitious profanitie, by their
connivence, granting of liberty of Vacance to their Schollars at that
time, or any time thereafter, in compensation thereof, That the Masters be
summoned by the Ministers of the Place to compeir before the next ensuing
Generall Assembly, there to be censured according to their trespasse; And
if Schollars (being guilty) refuse to subject themselves to Correction, or
be Fugitives from Discipline, That they be not received in any other
Schoole or Colledge within the Kingdom.
_Act for encouragement of Schollars to Professions in Schooles._
In respect of the paucitie of men, fit and willing to professe Divinitie
in the Schooles, by reason that few frame their studies that way, The
Generall Assembly thinks it fit, That the Provincials diligently consider
and try who within their Bounds most probably may bee for a Profession in
the Schooles, And report their names to the following Generall Assembly,
that such may be stirred up and encouraged by the General Assembly, to
compose and frame their studies, that they may be fit for such places.
_Act for restraining Abuses at Pennie Brydals._
The Generall Assembly, considering the great profanitie and severall
Abuses which usually fal forth at Pennie-Brydals proving fruitful
Seminaries of all lasciviousnesse and debausherie, as well by the
excessive number of people conveened thereto, as by the extortion of them
therein, and licentiousnesse thereat, To the great dishonour of God, the
scandall of our Christian Profession, and prejudice of the Countreys
welfare; Therefore they Ordain every Presbyterie in this Kingdome, To take
such special care for restraining these Abuses flowing from the causes
foresaid, as they shall think fit in their severall bounds _respectivè_:
And to take a strict accompt of every Minister and Session of their
obedience to the Ordinance of the Presbyteria theyeanent, at the
Visitation of every Parish Kirk in their Bounds.
_Act Discharging deposed Ministers to be reponed to their former Places._
The Generall Assembly, considering the manifold prejudices redounding to
the Kirk in Generall, and private Congregations in particnlar; through the
restoring of Ministers once deposed to the same places wherein formerly
they served: As also, how derogatorie it would prove to the weight of that
sentence of Deposition; Do therefore ordain, that no Minister deposed,
shall be restored again into that place where formerly he served.
_Renovation of the Commission for the publick Affairs of the Kirk._
The General Assembly taking to their consideration, That in respect the
great Work of Uniformitie in Religion in all his Majesties dominions, is
not yet perfected, (though by the Lords blessing there is a good progresse
made in the same) there is a necessity of renewing the Commissions granted
formerly for prosecuting and perfecting that great Work; Doe therefore
Renew the Power and Commission granted for the publick Affairs of the Kirk
by the Generall Assembly, held in S. Andrews in the year 1642. upon the
fifth day of August _post meridiem_, Sess, 12. And by the Generall
Assembly held in Edinburgh in the year 1643 upon the 19. day of August,
Sess. _ult._ And by the late Generall Assembly held at Edinburgh in the
year 1644. upon the third of June, Sess. 6. to the Persons afternamed,
_viz. Mr Andrew Ramsay, Mr Alexan. Henderson, Mr Robert Douglas, Mr
William Colvil, Mr William Bennet, Mr George Gillespie, Mr John Oswald, Mr
Mungo Law, Mr Robert Lawrie, __ Mr John Adamson, D. John Sharp, Mr George
Leslie, Mr Andrew Fairfowle, Mr David Calderwood, Mr Andrew Blackhall, Mr
James Fleeming, Mr Robert Ker, Mr John Macghie, Mr John Dalyell, Mr Andrew
Stevenson, Mr Robert Lander, Mr James Robertson, Mr Patrick Sibbald, Mr
Robert Carson, Mr Alex. Spittall, Mr Alex. Dickison, Mr James Smith, Mr
John Gibbison, Mr James Symton, Mr Ephraim Melvill, Mr Alex. Somervell, Mr
Robert Eliot, Mr George Bennet, Mr Robert Blair, Mr David Forret, Mr
Arthur Mortoun, Mr Samuel Rutherfurd, D. Alex. Colvill, Mr Andrew Bennet,
Mr James Wedderburn, Mr Walter Greg, Mr John Moncreiff, Mr John Smith, Mr
Frederick Carmichaell, Mr Patrick Gillespie, Mr John Duncan, Mr James
Sibbald, Mr Robert Bruce, Mr John Hume at Eccles, Mr Mungo Dalyell, Mr
Alex. Kinneir, Mr Thomas Ramsay, Mr William Turnbull, Mr James Guthrie, Mr
Thomas Donaldson, Mr William Jameson, Mr David Fletcher, Mr Andrew
Dunkison, Mr Robert Murray, Mr David Weemes, Mr John Hall, Mr John
Freebairn, Mr David Drummond at Creist, Mr George Murray, Mr Henry
Guthrie, Mr Robert Wright, Mr Andrew Jaffray, Mr Bernard Sanderson, Mr
Alex. Iran, Mr Thomas Chalmers, Mr Andrew Lawder, Mr Hugh Henderson, Mr
John Levingstoun, Mr James Blair, Mr James Bonar, Mr John Burne, Mr John
Bell, Mr Hugh Mackale, Mr Matthew Birsbane, Mr David Elphingstoun, Mr
David Dickson, Mr George Young, D. John Strang, Mr Robert Baillie, Mr
Patrick Sharp, Mr Robert Birnie, Mr Evan Camron, Mr George Symmer at
Megle, Mr Andrew Fleck, Mr Patrick Lyon, Mr John Lindsay, Mr Sylvester
Lammie, Mr George Fogo, Mr David Strachan, Mr Andrew Cant, Mr William
More, Mr William Davidson, Mr John Paterson, Mr William Jaffray, Mr Thomas
Mitchell, Mr George Cummin, Mr Joseph Brodie, Mr William Lawder, Mr David
Rosse, Mr Ferquhard Mackleman,_ Ministers; And _Archbald_ Marquesse of
Argyle, _John_ Earle of Crawfurd-Lindsay, _Alexander_ Earle of Eglintoun,
_William_ Earle of Glencarne, _John_ Earle of Cassils, _Charles_ Earle of
Dumfermling, _James_ Earle of Tullibarein, _John_ Earle of Lauderdale,
_James_ Earle of Annandale, _William_ Earle of Lothian, _James_ Earle of
Queenesberry, _William_ Earle of Dalhousie, _William_ Earle of Lanerick,
_Archbald_ Lord Angus, Vicount of Arbuthnet, _James_ Vicount of
Frendraught, _Alexander_ Lord Carleys, _James_ Lord Johnstoun, _John_ Lord
Yester, _John_ Lord Balmerino, _Alexander_ Lord Balcarras, _John_ Lord
Loure, _John_ Lord Barganie, Sir _Patrick Hepburn_ of Wauchtoun, Sir _John
Hope_ of Craighall, Sir _Archbald Johnstoun_ of Waristoun, Sir _David
Hume_ of Wedderburn, Sir _Frederick Lyon_ of Brigtoun, Sir _Alexander
Areskine_ of Dun, Sir _Alexander Fraser_ of Phillorth, _Sir William
Baillie_ of Lammingroun, _Hadding_ of Glennegies, Sir _Thomas Ruthven_ of
Freeland, _James Macdougall_ of Garthland, Sir _Alexander Murray_ of
Blackbarronie, _William Drummond_ of Rickartoun, Sir _William Scot_ of
Hardin, Sir _Andrew Ker_ of Greenhead, Sir _William Stuart_, Sir
_Alexander Schaw_ of Sauchie, _Alexander Brodie_ of that Ilk, Mr _George
Hume_ of Kimmerjame, Sir _John Smith_, Mr _Alexander Colvill_ Justice
Depute, _John Binnie_, _Archbald Sydsers_, _Laurence Henderson_, _James
Stuart Gilbert Sommernell_, _John Semple,_ Mr _Robert Barclay, Patrick
Leslie_, _James Law_, Mr _Robert Cuninghame_, _George Gardin_, _William
Glendunning_ Elders. And for discharging the said Commission, Appoints the
persons aforesaid, or any ninteene of them, whereof fifteen shall be
Ministers, to meet at Edinburgh upon the 14. of this moneth of February
and upon the second Wednesday of May, August, November, and of February
next to come, and upon any other day, or in any other Place they shall
think meet. Giving unto them full power and Commission to do all and every
thing for prosecuting, advancing, perfecting, and bringing the said Work
of Uniformity in Religion in all his Majesties Dominions to an happy
conclusion, conforme to the former Commissions granted by the saids
Assemblies thereanent: And further, Renewes to the Persons afore-named,
the power contained in the Act of the said Assembly, 1643 Intituled, _A
reference to the Commission anent the Persons designed to repair to the
Kingdom of England_, As also the power contained in two several Acts of
the said late Assembly 1644. Sess. 16. made _Against secret dis-affecters
of the Covenant_, and, _For sending Ministers to the Army_. With full
power to them, to treat and determine in the matters aforesaid, & in all
other matters referred unto them by this Assembly, as fully and freely, as
if the same were here particularly expressed, and with as ample power as
any Commission of former General Assemblies hath had, or been in use of
before; They being alwayes for their whole proceedings countable to, and
censurable by the next General Assembly.
_Renovation of the Commission to the Persons appointed to repair to the
Kingdom, of_ England, _for prosecuting the Treaty of Uniformitie in
Religion._
The Generall Assembly, Taking to their consideration, that the Treaty of
Uniformity in Religion in all his Majesties Dominions is not yet
perfected, though by the Lords blessing there is a good progresse made in
the same, Do therefore Renew the Power and Commission granted to the
Persons formerly nominate by the two preceding Assemblies, and by their
Commissioners sitting at Edinburgh, for prosecuting the said Treatie of
Uniformitie with the Honourable Houses of the Parliament of England, and
the Reverend Assembly of Divines there, or any Committees appointed by
them. Giving unto them full power to do all and every thing which may
advance, perfect, and bring the said Treatie to an happy conclusion
conforme to the former Commissions granted to them thereanent.
_The General Assemblies Answer to the Right Reverend the Assembly of
Divines in the Kirk of England._
_Right Reverend and welbeloved in the Lord Jesus,_
Amidst the manifold troubles in which this Kingdome hath been involved,
and under which it still laboureth, we greatly rejoyced when it was
testified unto by us our reverend Brethren, and under your hands in your
Letter, and these Papers by them presented to us from you, what progresse
you had made in the much desired Work of Uniformities and acknowledge that
the same hath _comforted us concerning our work and toile of our hands_,
and seemeth to us as an olive branch, to prognosticate the abating of the
waters, which overflow the face of the Earth.
When we consider, that you have walked in pathes unusuall, which have not
been haunted by Travellers there, as the publick way, though pointed out
as the good old way by the Reformed Kirks, we do not wonder that you have
carefully adverted in every step to set foot upon sure ground; When we
behold that strong and high tree of Episcopacie so deeply rooted by
continuance of time not loosed of the Branches, and the _stumpe of the
root left in the Earth, with a band of iron and brasse_, but pluckt up by
the roots; We do confesse that the Carpenters, though prepared have a hard
task, requiring time to hew it down, and root it up: And when we call to
minde how much the Service-Book hath been cryed up as the only way of GODS
Worship, how many thereby have had their wealth, and how difficult it is
to forgoe the accustomed way; We admire the power and wisdom of the good
GOD who hath prospered you in your way, and led you this length, through
so many straits, and over so many difficulties in so troublous a time.
We do for our part not only admit and allow, but most heartily and gladly
embrace the Directory of Worship, as a common Rule for the Kirks of GOD in
the three Kingdoms, now more straitly and firmly united by the solemne
League and Covenant; And we do all in one voice blesse the Lord, who hath
put it in the hearts, first, of the Reverend, Learned, and Pious Assembly
of Divines and then, of the Honourable Houses of Parliament. To agree upon
such a Directory as doth remove what is none of Christs, and preserve the
purity of all his Ordinances, together with Uniformity and Peace in the
Kirk. Only we have thought necessary, to declare and make known, That the
Clause in the Directory for the administration of the Lords Supper, which
appointeth the Table to be so placed that the Communicants may orderly sit
about it, or at it, is not to be interpreted as if in the judgement of
this Kirk it were indifferent for any of the Communicants not to come to
and receive at the Table; or as if we did approve the distributing of the
Elements by the Ministers to each Communicant, & not by the Communicants
among themselves: In which particulars, we still conceive and believe the
order & practice of our own Kirk, To be most agreeable & sutable to the
Word of GOD, the example of our Lord Jesus Christ, and the nature of that
Heavenly Feast and Table. Neverthelesse, in other particulars we have
resolved, and do agree, to do as ye have desired us in your Letter, That
is, not to be tenacious of old Customs, though lawfull in themselves, and
not condemned in this Directory, but to lay them aside for the nearer
Uniformitie with the Kirk of England, now nearer and dearer to us than
ever before; A Blessing so much esteemed, and so earnestly longed for
among us, that rather than it faile on our part, we do most willingly part
with such practices and customs of our own, as may be parted with safely,
and without the violation of any of Christs Ordinances, or trespassing
against Scripturall Rules, or our solemne Covenants.
We do in like manner agree to, and approve the Proportions touching
Kirk-government and Ordination; and have given power to our Commissioners
who are to meet in Edinburgh, to agree to, and conclude in our Name an
Uniformitie therein, betwixt the Kirks in both Kingdoms, so soon as the
same shall be without any substantiall alteration Ratified by an Ordinance
of the Honourable Houses of the Parliament of England according to our Act
of Approbation sent to our Commissioners with you.
As for the returning of our Commissioners; though the counsel and
assistance of our Reverend Brethren might be of good use to us in these
difficult times, and their particular stations and imployments importune
the stay of these who are come unto us, and the returne of these who stay
with you, yet preferring the publick good, and looking upon the profit may
redound unto all by their continuing with you, we have satisfied your
desire, & renewed their Commission; Praying GOD they may (as we are
confident they shall) prove answerable to our trust, and to your
expectation.
Concerning one Confession of Faith, and Forme of Catechisme, we apprehend
no great difficultie: And to that which remains to be perfected in the
matter of Kirk-government, we do believe, and both you and we know by
experience, that _there is no word impossible with_ our _God. He that hath
begun a good work among you, will also perform it_ of his good pleasure.
Go on in the Lord your strength, and _the Spirit of truth lead you in all
truth: The God of all grace and peace that brought again from the dead our
Lord Jesus that great Shepherd of the sheep through the blood of the
everlasting Covenant_, & by him _hath called us unto his eternall glory,
make you perfect in every good work to do his will, working in you, and by
you, and among you, that which is well pleasing in his fight, stablish,
strengthen, settle you, through Jesus Christ our Lord._
_Edinburgh 13. Feb. 1645._
Subscribed in name of the Generall Assembly of the Kirk of Scotland, by
the Moderator of the Assembly.
_The humble Remonstrance of the Generall Assembly of the Kirk of_
Scotland, _met at Edinburgh the 13. day of February, 1645._