To the Right Honourable, And Right Reverend the Assembly of Divines in
_England_ now assembled at _Westminster_.
The Ministers and Elders conveened in the _Generall Assembly_ of the Kirk
of _Scotland_.
_Eodem die Postmeridiem_, Sess. 25.
_The Humble Supplication of the Generall Assembly, To the Right Honourable
the Committee of Estates._
Whereas the High and Honourable Court of Parliament and your Lordships
were pleased to injoyn the subscription of a Declaration and Band of the
date _June 10. 1648._ And we having found after such examination and
tryal, as is competent to the Servants of God in an Ecclesiastick way,
that the same is a snare to the Consciences of the People of GOD in this
Land to involve them in guiltinesse, and to draw them from their former
principles and Vows in the solemn League and Covenant, as doth more fully
appear in our Act concerning the same herewith presented unto your
Lordships. Therefore from our zeal to the glory of GOD and tender care of
the souls committed unto us; and for our exonoration, As we do seriously
exhort that your Lordships would be sensible of the guilt that you have
already brought upon your selves and others, by injoyning and urging that
subscription, So we do earnestly and in the bowels of _Jesus Christ_
intreat, That your Lordships would take such order and course as that it
may be no further pressed upon the people of GOD throughout the Land.
And because the people groan under the violence and oppression of Officers
and Souldiers in their Quarterings of otherwise throughout all the corners
of the Countrey (which as it hath ascended into the ears of the Lord of
Hosts, so we doubt not but it is come to your knowledge) We conceive it to
be incumbent to us to represent the same to your Lordships, beseeching and
obtesting you that as you would not desire that the Lord should visit
because of these things, you would think upon an effectuall remedy for
punishing and redressing what is past, and preventing the like in time
coming.
And whereas by an Act and inhibition of your Lordships The Liberty of
Printing being one of the Kirks Priviledges confirmed by Parliament is
restrained, Therefore we intreat that the inhibition upon the Printers may
be taken off.
And now having condiscended upon a Declaration to all the Members of this
Kirk concerning present dangers & duties, We do in all humility offer the
same to your Lordships (together with our Answer to the Paper last sent to
us from your Lordships) professing in the sight of GOD (whose Servants we
are) that we have walked herein according to the rule of his Word, and
have nothing before our eyes but his Glory, and the well of his People,
And therefore intreats your Lordships, that you would seriously ponder the
same without prejudice, and as you desire to be comforted in the day of
your accompts, to make right use of the light that is holden forth therein
from Gods Word.
August 3. 1648. _Antemeridiem_, Sess. 26.
_Act for censuring Ministers for their silence, and not speaking to the
corruptions of the time._
The Generall Assembly, taking to their serious consideration, the great
scandals which have lately encreased, partly through some Ministers their
reserving and not declaring of themselves against the prevalent sins of
the times, partly through the spite, Malignity, and insolency of others
against such Ministers as have faithfully and freely reproved the Sins of
the times without respect of persons, Do therefore for preventing and
removing such scandals hereafter, Appoint and Ordain, that every Minister
do by the word of Wisdom apply his Doctrine faithfully against the publick
Sins and Corruptions of these times, and particularly against the Sins and
Scandals in that Congregation wherein he lives, according to the Act of
the Generall Assembly 1596. revived by the Assembly at _Glasgow_, 1638.
Appointing that such as shall be found not applying their Doctrine to
corruptions, which is the Pastorall gift, cold, and wanting of Spirituall
zeal, flatters and dissembling of publick sins, and especially of great
Personages in their Congregations, that all such persons be censured
according to the degree of their faults and continuing therein be
deprived; And according to the Act of the Generall Assembly 1646. _Sess._
10. That beside all other scandals, silence, or ambiguous speaking in the
publike Cause much more detracting and disaffected speeches be seasonably
censured; As therefore the Errours and exorbitancies of Sectaries in
England are not to be passed in silence, but plain warning to be given of
the danger of so near a contagion, that people may beware of it, and such
as neglect this duty to be Censured by their Presbyteries, So it is
thought fit and Appointted by the Assembly, conform to the foresaid Acts.
That the main current of applications in Sermons may run along against the
evils that prevail at home, and namely against the contempt of the Word,
against all profanesse, against the present defection from the League and
Covenant, against the unlawful Engagement in War, against the unlawful
Band and Declaration of the Date of the 10. of June ordained to be
subscribed by all the Subjects, and other unjust Decrees established by
Law, against the Plots and Practises of Malignants, and against the
Principles and Tenents of _Erastianism_, which spread among divers in this
Kingdom; For the better confutation whereof, it is hereby Recommended to
the Ministery to study that point of controversie well, that they may be
the more able to stop the mouths of gainsayers: Tis also hereby
Recommended to the several Presbyteries and Provincial Synods, that they
make special enquiry and trial concerning all the Ministery in their
bounds, And if any be found too sparing general, or ambiguous in the
foresaid applications and reproofs that they be sharply rebuked, dealt
with, and warned to amend under the pain of suspension from their
Ministery; And if after such warning given they amend not, that such be
suspended by Presbyteries, and in case of their negligence by the Synods
till the next General Assembly; But if there be any, who do neglect and
omit such applications and reproofs, and continue in such negligence after
admonition and dealing with them, they are to be cited, and after due
triall of the offence to be deposed, for being pleasers of men rather then
servants of _Christ_, for giving themselves to a detestable indifferency
or neutrality in the Cause of God, &c. for defrauding the souls of people,
yea for being highly guilty of the blood of souls in not giving them
warning: Much more are such Ministers to be censured with Deposition from
their Ministry who preach for the lawfulnes or pray for the success of the
present unlawfull Engagement, or that go along with the Army themselves,
or who subscribe any Bands or take any Oaths not approved by the General
Assembly or their Commissioners, or by their counsel, countenance or
approbation make themselves accessory to the taking of such Bands and
Oaths by others: It is to be understood that if any Minister preach in
defence of or pray for the successe of the Sectaries in _England_, he is
likewayes to be censured by deposition. And this we adde as a generall
rule to be observed on both hands, but not as if we had found any of the
Ministery of this Kingdom to be favourers of the Sectaries in _England_:
And in case any Minister for his freedom in preaching, and faithfull
discharge of his conscience shall be in the face of the Congregation or
elsewhere upbraided, railed at, mocked, or threatened, or if any injury or
violence be done to his person, or any stop and disturbance made to him in
the exercise of his Ministeriall calling, The Presbyterie of the bounds
shall forthwith enter in processe with the offender, and whoever he be
Charge him to satisfie the Discipline of the Kirk by publick Repentance,
which if any do not, or refuse to do, That then the Presbyterie proceed to
Excommunication against him; In all which Presbyteries and Synods are to
give an account of their diligence: And the Assembly Appoints this Act to
be intimate in the several Congregations of this Kirk.
August 4. 1648. _Postmeridiem_, Sess. 21.
_Overtures concerning the education of the Hie-land Boys in the Province
of_ Argyle.
This day the report following being made from the Committee concerning the
education of Hie-land Boys in _Argyle_, viz.
_The Committee considering the Bill remitted by the Generall
Assembly to us concerning the Hie-land Boys_ (_who are given up to
be fourty in number of good spirits and approven by the Province
of_ Argyle) _Do humbly think, that four of them who are ready for
the Colledge should be recommended to the Universities to get
Burses on in every Colledge. As for the rest of the 40, who are to
be brought up at Grammar Schools, The Committee thinks that if the
said Boys should be scattered through the Kingdom they should lose
the Irish Language, and so the Assembly shall fail of their
purpose to make them usefull for the Hie-lands: And therefore do
humbly conceive that it were fitting that every Congregation pay
yearly fourty Shillings Scots for maintaining the said Boys at
Schools in_ Glasgow, _or in other places where many of them may be
together accepted of, and that the money be brought in yearly to
the General Assembly by the Commissioners of Presbyteries, and
that Presbyteries augment or diminish the said proportion
according to the ability of every Congregation._
The Assembly having considered the foresaid Report, Approves the first
Overture, And recommends _Colin Campbell_ to the University of _Aberdeen_,
_Duncan Campbell_ to _Edinburgh_, _Patrick Campbell_ to _Glasgow_,
_Zachary Maccullum_ to St. _Leonards_ Colledge in St. _Andrews_: As also
Approve the second Overture, seriously Recommending to Presbyteries, That
the said fourty shillings be collected carefully and sent to _Glasgow_,
And the Ministers of _Glasgow_ shall appoint some sufficient man in that
Town to receive the said Collection from Presbyteries, And to take charge
of the boording and entertainment of the saids Boys in _Glasgow_ at
Schooles, and they shall send in the names of the Boys with a Certificate
of their proficiency yearly to the Generall Assembly: And this Collection
shall onely endure for the space of twelve years.
August 5. 1648. _Antemeridiem,_ Sess. 30.
_Explanation of the fifth Article of the Overtures concerning Appeals past
in the Assembly, 1643._
The Generall Assembly for clearing the sense of the fifth Article of the
Overtures concerning Appeals in the Assembly, _1643. Sess. 2_ Declare,
that if Appellations, _Post latam sententiam_ be not presented to the
Judicatory when the sentence is pronounced: The party shall then
immediately after the sentence protest for liberty of Appeal, as he shall
see cause; And accordingly within ten dayes shall give in his Appeal in
writ under his hand, either to the Judicatory or the Moderator thereof,
otherwise the Appeal is not to be respected.
_Eodem die 1648. Antemeridiem,_ Sess. 30.
_Act discharging deposed or suspended Ministers from any exercise of the
Ministery, or medling with the stipend._
The Generall Assembly considering that according to the ancient practise
and order of this Kirk, the Censure of Suspension and Deposition of
Ministers is both _ab officio_ and _â beuoficio_, as is also acknowledged
by the 20. Act of the Parliament, _Anno 1644._ And that the continuance of
suspended or deposed Ministers in the exercise of the Ministery or in the
possession of their stipend hath been & ought to be accompted and censured
as a great contempt of the Authority and Censures of the Kirk, Considering
also that the continuance of deposed Ministers in the possession of the
stipend, is a great prejudice and obstruction to the planting of the
vaiking Kirk, and to the service of God there. Therefore do declare and
Ordain, That whosoever after the sentence of Deposition pronounced against
them, Do either exercise any part of the Ministeriall calling in the
places they formerly served in; or elsewhere, or do possesse, meddle, or
intromet with the stipend or other benefits whatsoever belonging to these
Kirks they served at, They shall be proceeded against with
Excommunication; And if any suspended Minister during his suspension,
either exercise any part of the Ministeriall Calling, or intromet with the
Stipend, That he be Deposed, And after deposition, continuing in either of
these faults, That he be processed with Excommunication; But prejudice
always to them of their stipend resting for by-gone service and of any
recompence due for building or repairing of the Manse according to the
ordinary practise. And the Assembly recommends to Presbyteries seriously
to be carefull of the putting of this Act in execution.
August 7. 1648. _Antemeridiem._ Sess 31.
_The Assemblies Declaration of the falsehood and forgerie of a lying
scandalous Pamphlet put forth under the name of their Reverend Brother
Mastr_ Alexander Henderson _after hes death._
The Generall Assembly of this Kirk having seen a Printed Paper, Intituled,
_The Declaration of_ Mr. Alexander Henderson _principall Minister of the
Word of GOD at_ Edinburgh _and chief Commissioner from the Kirk of_
Scotland _to the Parliament and Synod of_ England _made upon his
death-bed._ And taking into their serious consideration how many grosse
lies and impudent calumnies are therein contained; Out of the tender
respect which they do bear to his name (which ought to be very precious to
them and all posterity, for his faithfull service in the great Work of
Reformation in these Kingdoms, wherein the Lord was pleased to make him
eminently instrumentall) and lest through the malice of some, and
ignorance of others the said Pamphlet should gain belief among the weaker
sort, They have thought fit to make known and declare concerning the same
as followeth.
That after due search and tryall they do finde that their worthy brother
Master _Alexander Henderson_ did from the time of his coming from _London_
to _Newcastle_ til the last moment of his departure out of this life upon
all occasions manifest the constancy of his judgement touching the Work of
Reformation in these Kingdoms; Namely, in all his discourses and
conferences with his Majesty, and with his Brethren who were employed with
him in the same Trust at _Newcastle_, In his Letters to the Commissioners
at _London_, and particularly in his last discourse to his Majestie at his
departing from _Newcastle_, being very weak and greatly decayed in his
Naturall strength. When he was come from _Newcastle_ by sea to this
Kingdom, he was in such a weak worn and failed condition, as it was
evident to all who saw him, that he was not able to frame any such
Declaration, for he was so spent that he died within eight dayes after his
arrivall; And all that he was able to speak in that time did clearly shew
his judgement of, and affection to the Work of Reformation and Cause of
God to be every way the same then, that it was in the beginning and
progresse thereof, as divers Reverend Brethren who visited him have
declared to this Assembly, and particularly two Brethren, who constantly
attended him from the time he came home till his breath expired. A further
testimony may be brought from a short Confession of Faith under his hand
found amongst his Papers, which is expressed as his last Words, wherein
among other mercies he declareth himself _most of all obliged to the grace
and goodnesse of God for calling him to believe the Promises of the
Gospel, and for exalting him to be a Preacher of them to others, and to be
a willing though weak instrument in this great and wonderful work of
Reformation, which he earnestly beseecheth the Lord to bring to a happy
conclusion._ Other reasons may be added from the levity of the stile and
manifest absurdities contained in that Paper. Upon confederation of all
which this Assembly doth condemn the said Pamphlet as forged, scandalous,
and false, And further Declare the author and contriver of the same void
of charity and a good conscience, and a grosse lyar and calumniator led by
the Spirit of the accuser of the Brethren.
_Act for taking the Covenant at the first receiving of the Sacrament of
the Lords Supper, & for the receiving of it also by all Students at their
first entry to Colledges._
The Generall Assembly according to former recommendations, Doth Ordain
that all young Students take the Covenant at their first entry to
Colledges; And that hereafter all Persons whatsoever take the Covenant at
their first receiving the Sacrament of the Lords Supper: Requiring hereby
Provinciall Assemblies, Presbyteries and Universities to be carefull that
this Act be observed, and accompt thereof taken in the visitation of and
particular Kirks, and in the tryall of Presbyteries.
_Eodem die Postmeridiem,_ Sess. 32.
_Act concerning Presbyteries maintaining of_ Bursars.
The Generall Assembly Understanding that the frequent Recommendation of
preceding Assemblies for maintaining Bursars, is by many Presbyteries
neglected, Do therefore Ordain Synods to crave accompt thereof from
Presbyteries at every Provinciall meeting, Which with the Presbyteries
answer, shall be put upon record, That so the part both of Presbyteries
and Synods and their negligance or diligence in so pious a work may be
known by the examination of the Provinciall books to each Generall
Assembly.
August 9. 1648. _Antemeridiem_ Sess. 25.
_Act for dis-joyning the Presbyteries of_ Zetland, _from the Provinciall
Synod of_ Orkney _and_ Cathnes.
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._