which God Almighty, who is privie to Our Intentions, and in whom We
trust, will in his own time bring to a wished and peaceable conclusion,
We are not unmindfull of that duetie which we owe to that Our ancient
and native Kingdome, and to the Kirks there, now met together by their
Commissioners in a Nationall Assembly. God, whose Vicegerent We are,
hath made Us a King over divers Kingdomes, and We have no other desire,
nor designe, but to govern them by their own Lawes, and the Kirks in
them by their own Canons and Constitutions. Where any thing is found to
be amisse, We will endeavour a Reformation in a fair and orderly way;
and where a Reformation is settled, We resolve, with that authoritie
wherewith God hath vested Us, to maintain and defend it in peace and
libertie, against all trouble that can come from without, and against
all Heresies, Sects, and Schismes which may arise from within, Nor do
We desire any thing more in that Kingdom (and when we shall hear of
it, it shall be a delight and matter of gladnesse unto Us) then that
the Gospel be faithfully preached throughout the whole Kingdom, to the
outmost skirts and borders thereof. Knowing that to be the mean of
honour to God, of happinesse to the people, and of true obedience to
Us. And for this effect, that holy and able men be put in places of the
Ministery, and that Schooles and Colledges may flourish in Learning
and true Pietie. Some things for advancing of those ends, We did of Our
own accord promise in Our Letters to the last Assembly, and We make
your selves Judges, who were witnesses to Our Actions, while We were
there in Person, whether we did not perform them both in the point of
presentations which are in Our hands, and in the liberall provision
of all the Universities and Colledges of the Kingdome, not only above
that which any of Our Progenitors had done before Us, but also above
your own hopes and expectation. We doe not make commemoration of this
Our Beneficence, either to please Our selves, or to stop the influence
of Our Royall goodnesse and bountie for afterward, but that by these
reall demonstrations of Our unfained desires and delight to do good,
you may be the more confident to expect from Us, whatsoever in Justice
We can grant, or what may be expedient for you to obtaine. We have
given expresse charge to Our Commissioner, to see that all things be
done there orderly and peaceably, as if We were present in Our Own
Person; not doubting but in thankfulnesse for your present estate and
condition, you will abstaine from everything that may make any new
disturbance, and that you will be more wise then to be the enemies of
your own peace, which would but stumble others, and ruine yourselves.
We have also commanded Our Commissioner to receive from you your just
and reasonable desires, for what may further serve for the good of
Religion, that taking them to Our considertion, We may omit nothing
which may witnesse Us to be indeed a nursing Father of that Kirk
wherein We were born and baptized, and that if ye be not happy, you
may blame not Us, but yourselves. And now what doe We again require
of you, but that which otherwise you owe to Us as your Soveraigne
Lord and King, even that ye pray for Our prosperity and the peace
of Our Kingdomes, that ye use the best meanes to keep Our People in
obedience to Us and Our Lawes, which doth very much, in Our personall
absence from that Our Kingdome, depend upon your preaching and your
own examplary loyaltie and faithfulnesse, and that against all such
jealousies, suspitions, and sinister rumors, as are too frequent in
these times, and have been often falsified in time past, by the reality
of the contrary events: Ye judge Us and Our professions by Our actions,
which, we trust, through God in despite of malice, shall ever go on in
a constant way for the good of Religion and the weal of Our People,
which is the Chiefest of Our intentions and desires. And thus we bid
you farewell. Given at our Court at Leicester, the 23 of July. 1642.
_To Our trusty and wel beloved the Generall Assembly, in Our Kingdom of
Scotland, conveened at S. Andrews._
Act, Sess. III. July 29, 1642.
_Act for bringing in of the Synode Books yeerly to the Generall
Assemblies._
The Moderator calling to minde that which was forgotten in the
preceeding Sessions, the examination of the Provinciall Books,
caused call the Roll of the Provinciall Assemblies; and the Assembly
finding very few Provinces to have sent their Books to this Assembly,
notwithstanding of the ordinance of the former Assembly thereanent, for
the more exact obedience of that ordinance hereafter, the Assembly,
in one voyce, ordaines, That the Books of every Provinciall Assembly
shall be brought and produced to every Generall Assembly: And that
this may be performed, ordaines that every Clerk of the Provincialls
either bring or send the said Books yearly to the Generall Assemblies,
by the Commissioners sent to the Assemblies, from these Presbyteries
where the Clerks reside. Which charge the Assembly also layes upon the
said Commissioners, sent from the saids Presbyteries where the Clerks
reside; ay, and while some meanes be provided, whereby the Clerks
charges may be sustained for coming with the saids Books themselves:
And that under the pain of deprivation of the Clerk in case of his
neglect, and of such censure of the saids commissioners, in case of
their neglect as the Assembly shall think convenient.
Act, Sess. V. Aug. 1, 1642.
_Act anent the choosing of Kirk Sessions._
Anent the question moved to the Assembly, concerning the election of
Kirk Sessions, The Assembly ordaines the old Session to elect the new
Session both in Burgh and Land. And that if any place shall vaik in the
Session chosen, by death or otherwise, the present Session shall have
the election of the person to fill the vacand roome.
Sess. VI. 2 Aug. 1642.
_The report of the interpretation of the Act at Edinburgh, anent tryall
of Ministers._
The meaning of the foresaid Act, is not that an actuall Minister to be
transported, shall be tried again by the tryalls appointed for trying
of Expectants, at their entry to the Ministery, according to the Acts
of the Kirk; but only that he bringing a Testimoniall of his former
tryalls, and of his abilities, and conversation, from the Presbyterie
from whence he comes, and giving such satisfaction to the Parochiners
Presbyterie whereto he comes in preaching, as the Presbyterie finds
his gifts fit and answerable for the condition and disposition of
the Congregation, whereto he is presented. Because, according to the
Act of the Assembly 1596, renewed at Glasgow, some that are meet
for the Ministery in some places, are not meet for all alike: and
Universities, Towns, and Burghs, and places of Noblemens residence, or
frequencie of Papists, and other great and eminent Congregations, and
in sundry other cases, require men of greater abilities, nor will be
required necessarily in the planting of all private small Paroches,
the leaving of the consideration of these cases unto the judgement and
consideration of the Presbyterie, was the only intention of the Act.
The Assembly approves the meaning and interpretation foresaid, and
appoints the said Act, according to this interpretation, to stand in
force, and to have the strength of an Act and Ordinance of Assembly in
all time coming.
Act, Sess. VII. 3 Aug. 1642.
_Act anent the order for making Lists to his Majestie, and other
Patrons for Presentations; the order of tryall of Expectants, and for
trying the quality of Kirks._
Forsameikle as His Majestie was graciously pleased in his Answer to
the Petition, tendred by the Commissioners of the late Assembly to His
Majestie, to declare and promise, for the better providing of vaiking
Kirks, at His Majesties Presentation with qualified Ministers, to
present one out of a list of six persons, sent to His Majestie from
the Presbyteries wherein the vaiking Kirk lyeth, as His Majesties
Declaration, signed with his Royal hand at Whitehall, the 3 of January
last, registrate in the books of Assembly, this day at length beares.
And suchlike whereas the Lords of Exchequer, upon a Petition presented
to them by the Commissioners of the Generall Assembly, and the
Procurator and Agent for the Kirk representing two Prejudices; one,
that gifts obtained from His Majestie of patronages of Kirks, at his
Presentation were passing the Exchequer, without the qualification and
provision of a List, wherewith His Majestie was pleased to restrict
himself; and the other, that some were seeking gifts of patronage
of Bishop Kirks, which are declared to belong to Presbyteries, to
be planted by two Acts of the late Parliament: The saids Lords have
ordained that no signator, containing gifts of patronages from His
Majestie, shall passe hereafter, but with a speciall provision that the
same shall be lyable to the tenor of His Majesties said Declaration.
Ordaining also the Procurator and Agent of the Kirk to be advertised,
and to have place to see all signators whatsoever, containing any
patronage, to the effect they may represent the interest of the Kirk
therein; as the said Act of the date the 27 of June last, registrate
also in the Books of Assembly, this day at length beares. Therefore,
that the saids Kirks which now are, or which were at His Majesties
presentation the said third day of January last, may be the better
provided with able Ministers, when the samine shall vaik, The Assembly
ordaines that hereafter every Presbytery shall give up yearly a Roll
of the ablest of their Expectants, to their Synods; and that the
Synods select out of these Rolls such persons whom they in certain
knowledge judge most fit for the Ministrie, and worthiest of the first
place, With Power to the Synods to adde or alter these Rolls given
by the Presbyteries, as they thinke reasonable: And that the Synods
shall send the Rolls made by them in this manner, to the next Generall
Assembly, who shall also examine the Rolls of the Synods, and adde or
alter the same as shall be thought expedient. Which Roll made by the
Generall Assembly, shall be sent to every Presbyterie, and that the
Presbyterie, with consent of the most or best part of the Congregation,
shall make a List of six persons willing to accept of the presentation
out of that Roll of the Assembly, upon every occasion of vacation of
any Kirk within their bounds, and shall send the samine, together
with a blank presentation: The which (if His Majesty be Patron to the
vacant Kirk) shall be sent by the said Procurator and Agent, to such
as the Commissioners of the Generall Assembly, or in their absence the
Presbyterie of Edinburgh, shall direct and think at that time most
able and willing to obtain the presentation, to be signed and filled
up by His Majesties choise of one of the List. And if the vacant Kirk
be of a Patronage disponed by His Majesty since the 3 of January, in
that case either the Presbyteries themselves shall send a List to six
persons in maner aforesaid, with a blank presentation to the Patron,
to be filled up by his choise, and subscribed, or send the samine to
the saids Officers of the Kirk, to be conveyed by them to the Patron
of the vaiking Kirk, as the Presbyterie shall think most expedient.
It is alwayes declared, that this order shall be without prejudice
to the Presbyteries, with consent foresaid, to put actuall Ministers
upon the said List of six persons, to be sent to the Patron of the
said vaiking Kirks, if they please. And least that the nomination of
Expectants by Presbyteries, Synods, or Assemblies, in their Rolls or
Lists foresaid, be misinterpreted, as though the Expectants nominated
in these Rolls and Lists, were thereby holden and acknowledged to be
qualified, which is not the intention of the Assembly, who rather
think, that in respect of this Order, there should be a more exact
tryall of Expectants then before: Therefore the Assembly ordaines, That
no Expectants shall be put on the Rolls or Lists above-mentioned, but
such as have been upon the publike exercise, at the least by the space
of half a year, or longer, as the Presbyterie shall finde necessary.
And suchlike ordaines, that hereafter none be admitted to the publike
exercise, before they be tryed, according to the tryall appointed for
Expectants, at their entrie to the Ministerie in the late Assembly at
Glasgow, in the 24 Article of the Act of the 23 Session thereof: which
tryall, the Assembly appoints to be taken of every Expectant, before
his admission to the publike exercise. And suchlike ordaines, That the
samine tryall shall be again taken immediately before their admission
to the Ministerie, together with their tryall mentioned in the advice
of some Brethren deputed for penning the corruptions of the Ministery,
approven in the said Act of the Generall Assembly at Glasgow. And
because that Kirks of the patronages foresaids, will vaik before the
Rolls and Lists be made up by the Presbyteries, Synods, and Generall
Assemblies, in manner foresaid: Therefore, in the interim, the Assembly
ordains the Commissioners of every Presbyterie here present, to give in
a List of the ablest Expectants within their bounds, the morn, to the
Clerk of the Assembly, that the Assembly may, out of these Rolls, make
a List to be sent to every Presbyterie: Out of which the Presbyteries
shall make a List of six persons, with consent foresaid, and send the
samine upon vacancie of any Church within their bounds, together with a
presentation to His Majestie, or any other patron, in manner foresaid.
And because the Procurator and Agent of the Kirk cannot get sufficient
information to the Lords of Exchequer, anent the Right and Interest
of the Kirk, and Presbyteries in Kirks, whereof gifts of patronages
may be presented to the Exchequer: Therefore the Assembly ordaines for
their better information hereanent, that every Presbyterie, with all
diligence, use all meanes of exact tryall of the nature and qualitie
of all Kirks within their bounds, as what Kirks belong to the Kings
Majesties patronage, what to other Laick patronages, what Kirks of old
were planted by Presbyteries, and what by Prelates and Bishops, before
the Assembly at Glasgow 1638, what hath been the way and time of the
change of the planting and providing of the Kirks, if any have been
changed, or any other thing concerning the nature and qualitie of every
Kirk within their bounds, and to send the same to the Procurator of the
Kirk with all diligence.
* * * * *
_Act anent Lists for the Kirks in the High-lands._
The Assembly considering that in Argyle, and in other places of the
Irish language, there will not be gotten six expectants able to speak
that language. And therefore the Assembly is hopefull, that in these
singular cases, His Majestie will be pleased, for Kirks vacand in the
High-lands, to accept of a List of so many expectants as can be had,
able to speak the Irish language. And the Commissioners Grace promiseth
to recommend it to His Majestie.
* * * * *
_Overtures against Papists, non-Communicants, and Profaners of the
Sabbath._
I. The Assembly would draw up a Supplication to be presented by the
Commissioners of the Presbyterie of Edinburgh to the Councell at their
first meeting, for the due execution of the Acts of Parliament and
Councell against Papists, wherein it will be specially craved, that the
Exchequer should be the Intromettors with the Rents of these who are
excommunicate, and that from the Exchequer the Presbyterie may receive
that portion of the confiscate goods, which the Law appoints to be
imployed _ad pios usus_.
II. Every Presbyterie would conveen at their first meeting, all known
Papists in their bounds, and require them to put out of their company,
all friends and servants who are Popish within one moneth: also within
that same space, to give their children, sons and daughters, who are
above seven yeers old, to be educate at their charges, by such of
their Protestant friends, as the Presbyterie shall approve, and finde
sufficient caution for bringing home within three moneths such of their
children who are without the Kingdom, to be educate in Schooles and
Colledges at the Presbyteries sight; to finde caution likewise of their
abstinence from Masse, and the company of all Jesuits and Priests.
III. That all, of whatsoever rank or degree, who refuse to give
satisfaction in every one of the foresaid Articles, shall be processed
without any delay; but those who give satisfaction shall be dealt with
in all meeknesse, after this manner: The Presbyteries shall appoint
such of their number as they shall find fittest to confer with them
so frequently as the Brethren are able to attend, untill the midst
of October next, against which time, if they be not willing to go to
Church, they shall give assurance to go and dwell in the next adjacent
University Town, whether Edinburgh, Glasgow, S. Andrews, or Aberdene,
from Novemb. 1, to the last of March, where they shall attend all the
diets of conference which the professors and Ministers of the bounds
shall appoint to them: by which, if they be not converted, their
obstinacy shall be declared in the Provincial Synods of April, and
from thence their Processe shall go on to the very closure without any
farther delay.
IIII. That every Presbyterie, as they will be answerable to the next
Generall Assembly, be carefull to do their dutie in all the premisses.
V. That there be given presently, by the members of this present
Assembly, unto the Commissioners of the Presbyterie of Edinburgh, a
List of all excommunicate Papists they know, and of all Papists who
have children educate abroad, that they may be presented, together with
our Supplication, to the Councell, at their first sitting.
VI. That the Councell may be supplicate for an Act, that in no Regiment
which goes out of the Kingdom, any Papists bear office, and that the
Colonell be required to finde caution for this effect, before he
receive the Councels Warrant for levying any Souldiers: also that he
finde caution for the maintaining of a Minister, and keeping of a
Session in his Regiment.
_Item_, The Assembly would enjoyn every Presbyterie to proceed against
non-Communicants, whether Papists or others, according to the Act of
Parliament made thereanent. And suchlike, that Acts of Parliament
against prophaners of the Sabbath be put to execution.
The Assembly approves the Overtures foresaid, and ordains Presbyteries
to put the samine to execution with all diligence: and that the
Commissioners of every Presbyterie give in a List of the excommunicate
Papists within their bounds, and of Papists children out of the
Countrey, to the Clerk, that the same may be presented to the Councell
by the Commissioners of this Assembly.
* * * * *
_Act anent the joyning of the Presbyterie of Sky to the Synode of
Argyle._
The Generall Assembly having considered the whole proceedings of the
Commissioners of the late Generall Assembly holden at Edinburgh, anent
the reference made to them concerning the Presbyterie of Sky, together
with the whole reasons _pro & contra_ in the said matter, after mature
deliberation have ratified and approved, and by these presents ratifie
and approve the Sentence of the saids Commissioners thereintill. And
further ordains the said Presbytery of Sky, and all the Ministers and
Elders thereof, to keep the meetings of the Provincial Assembly of
Argyle, where they shall happen to be appointed in all time coming,
suchlike as any other Presbyterie within the bounds of the said
Province of Argyle uses to do: And that the samine Presbyterie be in
all time hereafter within the jurisdiction of the said Provincial
Assembly, without any further question to be made thereanent.
Sess. VIII. 3 Aug., _post meridiem_.
_The Supplication of this Assembly to the Kings Majestie._
To the Kings most Excellent Majestie, the hearty thanksgiving, and
humble Petition of the Generall Assembly of the Kirk of Scotland, met
at S. Andrews July 27, 1642.
Our hearts were filled with great joy and gladnesse at the hearing of
Your Majesties Letter, which was read once and again in face of the
Assembly, every line thereof almost either expressing such affection to
the reformed Religion, and such royall care of us, as we could require
from a Christian Prince; or requiring such necessary duties from us,
as we are bound to performe as Ministers of the Gospel and Christian
Subjects: For which, as solemne thanks were given by the Moderator of
the Assembly, so do we all with one voice in all humility, present
unto Your Majestie the thankfulnesse of our hearts, with our earnest
prayers to God for Your Majesties prosperity, and the peace of your
Kingdoms, that Your Majestie may be indeed a nursing Father to all the
Kirks of Christ in Your Majesties Dominions; and especially to the
Kirk of Scotland, honoured with your Birth Baptisme: promising our
most serious indeavours by doctrine and life, to advance the Gospel
of Christ, and to keep the people in our charge in Unity and Peace,
and in all loyalty and obedience to Your Majestie and your Laws. Your
Majesties commands to your Commissioner, the Earle of Dumfermling, to
receive from us our just and reasonable desires for what may further
serve for the good of Religion here, the favours which we have received
already, and Your Majesties desire and delight to do good, expressed in
your Letter, are as many encouragements to us, to take the boldnesse
in all humility to present unto Your Majestie (beside the particulars
recommended to Your Majesties Commissioner) one thing, which for the
present is the chiefest of all our desires, as serving most for the
glory of Christ, for Your Majesties Honour and Comfort; and not onely
for the good of Religion here, but for the true happinesse and peace
of all Your Majesties Dominions; which is no new motion, but the
prosecution of that same which was made by the Commissioners of this
Your Majesties Kingdom in the late Treatie, and which Your Majestie,
with advice of both Houses of Parliament, did approve in these words:
“To their desire concerning unitie in Religion and uniformitie of
Church government, as a speciall meanes of conserving of Peace betwixt
the two Kingdoms, upon the grounds and reasons contained in the Paper
of the 10 of March, given in to the Treaty and Parliament of England:
It is answered upon the 15 of June, That His Majestie, with advice
of both Houses of Parliament, doth approve of the affection of His
Subjects of Scotland, in their desire of having the conformity of
Church-government betwixt the two Nations, and as the Parliament hath
already taken into consideration the reformation of Church government,
so they will proceed therein in due time, as shall best conduce to the
glory of God, the Peace of the Church and of both Kingdoms, 11 of June
1641.” In our Answer to a Declaration sent by the now Commissioners of
this Kingdom from both Houses of Parliament, we have not onely pressed
this point of unity in Religion and Uniformity of Church-government,
as a meane of a firme and durable union betwixt the two Kingdomes, and
without which former experiences put us out of hope long to enjoy the
puritie of the Gospel with Peace, but also have rendred the reasons of
our hopes and confidence, as from other considerations, so from Your
Majesties late Letter to this Assembly, that Your Majestie in a happy
conjunction with the Houses of Parliament, will be pleased to settle
this blessed Reformation, with so earnestly desired a Peace in all your
Dominions. And therefore we Your Majesties most loving Subjects, in
name of the whole Kirks of Scotland, represented by us, upon the knees
of our hearts, do most humbly and earnestly beg, that Your Majesty in
the deep of your Royall Wisdom, and from your affection to the true
Religion and the Peace of your Kingdoms, may be moved to consider, that
the God of Heaven and Earth is calling for this Reformation at your
hands, and that as you are his Vice-gerent, so you may be his prime
Instrument in it. If it shall please the Lord (which is our desire and
hope) that this blessed unitie in Religion and Uniformity in Government
shall be brought about; your Majesties Conscience, in performing of so
great a dutie, shall be a well-spring of comfort to Your Self, your
memory shall be a sweet favour, and your name renowned to all following
generations. And if these unhappy commotions and divisions shall end
in this peace and unity, then it shall appeare in the Providence of
God, they were but the noyse of many waters, and the voyce of a great
thunder before the voyce of harpers harping with their harps, which
shall fill this whole Iland with melodie and mirth, and the name of it
shall be, THE LORD IS THERE.
* * * * *
_The Declaration of the Parliament of England, sent to the Assembly._
The Lords and Commons in this present Parliament assembled, finding
to their great grief, that the distractions of this Kingdome daily
increase, and that the wicked counsells and practises of a malignant
party amongst us (if God prevent them not) are like to cast this nation
into bloud and confusion, To testifie to all the World how earnestly
they desire to avoid a Civill Warre, they have addressed themselves in
an humble Supplication to His Majestie, for the prevention thereof. A
Copy of which their Petition, they have thought fit to send at this
time to the Nationall Assembly of the Church of Scotland, to the intent
that that Church and Kingdome (whereunto they are united by so many
and so near bonds and tyes, as well Spirituall as Civill) may see
that the like minde is now in them, that formerly appeared to be in
that Nation. And that they are as tender of the effusion of Christian
bloud on the one side, as they are zealous on the other side of a due
Reformation both in Church and State. In which work, whilest they were
labouring, they have been interrupted by the plots and practises of a
malignant party of Papists, and ill-affected persons, especially of
the corrupt and dissolute Clergy, by the incitement and instigation
of Bishops, and others, whose avarice and ambition being not able to
bear the Reformation endeavoured by the Parliament, they have laboured
(as we can expect little better fruit from such trees) to kindle a
flame, and raise a combustion within the bowels of this Kingdom: Which
if by our humble supplication to His Majesty it may be prevented,
and that according to our earnest desire therein, all Force and
Warlike preparations being laid aside, we may returne to a peaceable
Parliamentary proceeding, We do not doubt, but that by the blessing
of Almighty God upon our endeavours, we shall settle the matters both
in Church and State, to the encrease of His Majesties Honour and
State, the peace and prosperitie of this Kingdome, and especially to
the glory of God, by the advancement of the true Religion, and such a
Reformation of the Church, as shall be most agreeable to Gods Word. Out
of all which, there will also most undoubtedly result a most firme and
stable Union between the two Kingdomes of England and Scotland, which,
according to our Protestation, we shall by all good wayes and meanes,
upon all occasions, labour to preserve and maintain,
_Subscribitur,_ JO. BROWN, Cler. Parl.
* * * * *
_The Assemblies Answer to the Declaration of the Parliament of England._