of Zetland cannot meet with the Provincial 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 interessed and serious deliberation of the matter, The Assembly
doth hereby Dis-joyn the Presbytery of Zetland from the Provincial
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. Post Meridiem. Sess. XXXVIII.
_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
hundreth 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 those 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 conscionable 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, drunkennesse 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 Testimoniall hath resided; If they have fallen or relapsed
in scandalous sins, let their Testimoniall 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 that 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.
GENERALL ECCLESIASTICK REMEDIES.
1. Let the Remedies which were given at Perth 1645, and are mentioned
in the Generall 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 unpartiall proceeding be used against men of all quality, for
their scandalous walking, and in particular for drunkennesse, swearing,
and other scandalous sins. And this to be tryed at the Visitation of
Kirks.
PARTICULAR ECCLESIASTICK REMEDIES: AND I. AGAINST IGNORANCE.
1. Let Ministers Catechize one day every week (whereon also they may
Baptize and Lecture or Preach) and let them Preach every Lords Day both
before and after noon, according to former Acts of Generall Assemblies,
Let Presbyteries and Synods be very carefull of this; And let every
Provinciall 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 grosly 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.
II. ECCLESIASTICK REMEDIES AGAINST PROPHANESSE.
1. Let ignorant and scandalous persons be put off, and kept off Kirk
Sessions.
2. Let every Elder have a certain bounds assigned to him that he may
visit the same every moneth at least, and report to the Session what
scandalls and abuses are therein, or what persons have entered without
Testimonials.
3. Let all scandalous persons be suspended from the Lords Supper.
4. Let the Minister deal in private with them that are professing
publick Repentance before the Elder of the bounds, thus to try the
evidence of their Repentance.
5. Let these who have fallen in Fornication make publick profession
of Repentance three severall Sabbaths, who is guilty of relapse in
Fornication six Sabbaths, who is guilty of trelapse in Fornication,
or hath once fallen in Adultery 26 Sabbaths, and these sins to be
confessed both in one habite, viz. in Sackloth, Quadrilapse in
Fornication and relapse in Adultery, three quarters of a year, Incest
or Murder a year, or 52 Sabbaths, in case the Magistrate do not his
duty in punishing such crimes capitally; They that fall in Fornication
or relapses therein, are first to confesse their Sin before the
Session, and thereafter before the Congregation; They that are guilty
of greater degrees of that Sin and of the other Sins mentioned in
this Article, are to confess their Sin both before the Session and
Presbyterie, and there to shew some signes of Repentance before they be
brought to the Congregation.
6. Some are to be rebuked at the time of Catechizing, who deserve
more nor a private reproof, and yet needs not be brought to publick
Repentance.
7. It will be a good remedie against Sabbath-breaking by Carriers
and Travellers, That Ministers where they dwell cause them to bring
Testimonials from the place where they rested on these Lords dayes
wherein they were from home.
8. Let all persons who flit from one Paroch to another have sufficient
Testimonials, This is to be extended to all Gentlemen and Persons
of quality and all their followers, who come to reside with their
Families at Edinburgh, or elsewhere, and let the Minister from whom
they flit advertise the Minister to whom they flit, if (to his
knowledge) they be lying under any scandall.
9. Let Ministers be free with persons of quality for amendment of their
faults, and (if need shall be) let them take help thereto of some of
the Brethren of the Presbyterie.
10. Let the Presbyteries take speciall notice of Ministers who do
converss frequently and familiarly with Malignants, and with scandalous
and prophane persons, especially such as belong to other Paroches.
11. Let privie Censures of Presbyteries and Synods be performed with
more Accuracie, Diligence and Zeal.
12. For better keeping of the Sabbath, let every Elder take notice of
such as are within his bounds, how they keep the Kirk, how the time is
spent before, betwixt, and after the time of publick Worship.
13. Let no Minister resort to any Excommunicate person without license
from the Presbyterie _nisi in extremis_ and let Ministers take speciall
notice of such persons as haunt with Excommunicants, and processe them.
14. Frequent correspondence betwixt Presbyteries is a good remedie.
15. At the visitation of each Congregation, let the Session Book be
well visited, and for that effect, let it be delivered to two or three
Brethren seven or eight dayes before the visitation, that their report
of it may be in readinesse against the day of Visitation.
The Assembly allows of all these Overtures and Remedies of the Sins
of the Land; And Ordains all of them to be carefully and conscionably
put in practise.
_Act for examining the Paraphrase of the Psalms and other Scripturall
Songs._
The Generall Assembly Appoints Rouse Paraphrase of the Psalms, with the
corrections thereof now given in by the Persons appointed by the last
Assembly for that purpose, to be sent to Presbyteries, That they may
carefully revise and examine the same, and thereafter send them with
their corrections to the Commission of this Assembly to be appointed
for publick affairs, Who are to have a care to cause re-examine the
Animadversions of Presbyteries, and prepare a report to the next
Generall Assembly; Intimating hereby, That if Presbyteries be negligent
hereof, the next Generall Assembly is to go on and take the same
Paraphrase to their consideration without more delay: And the Assembly
Recommends to Master John Adamson and Mr Thomas Crafurd to revise the
Labours of Mr Zachary Boyd upon the other Scripturall Songs, and to
prepare a report thereof to the said Commission for publick affairs,
That after their examination, the same may be also reported to the next
Generall Assembly.
_Overtures concerning Papists, their children, and Excommunicate
Persons._
The General Assembly considering the manifold inconveniences that
follow upon the sending of the children of Noblemen and others of
quality to Forraign Countries wherein Popery is professed, especially
that thereby such children are in perill to be corrupted with Popery,
and so corrupt these Families and Persons to which they belong, whereby
that wicked root of damnable Idolatry, Errour and Heresie may again be
occasioned to spring up and trouble many, and provoke the most High GOD
to wrath, and to cause his Majestie leave this Land to strong delusions
to believe lies; Therefore They Do in the name of GOD, Charge and
Require all the Presbyteries of this Kingdom to observe and practise
the Rules and directions which are made in former Generall Assemblies
for preventing of the said fearfull inconveniences, and namely the
Overtures against Papists, non-Communicants, and Profaners of the
Sabbath approven in the Generall Assembly held at St Andrews in the
year of God, 1642, and the Act anent children sent without the Kingdom
made in the Generall Assembly at Edinburgh, Anno 1646. And that they
use all diligence for putting in execution the Acts of Parliament and
secret Councell made against Papists and Excommunicate Persons; And
that they register their diligences thereanent in their Presbyterie
Books which are summarily to be recorded in the Synod Books from time
to time, That the Generall Assembly may see how these laudable Acts
are put in execution, which here are presented with some necessary
additions in one view.
1. That every Presbyterie give a List of all Excommunicate Papists they
know to be within their bounds to the Commissioners of the Generall
Assembly, and of all Papists, yea of them also who professe to have
renounced Popery, but yet have their children educated abroad, with
the names of these children that are abroad, according to the fifth
Overture of the Generall Assembly 1642.
2. That every Presbyterie conveen at their first meeting all known
Papists within their bounds, and such as having professed to renounce
Popery have their children abroad, and cause them finde sufficient
caution for bringing home within three moneths such of their children
as are without the Kingdom, to be educated in Schools and Colledges at
the Presbyteries sight if they be Minors; and to be wrought upon by
gracious conference, and other means of instruction to be reclaimed
from Popery if they be come to perfect age.
3. The Parents, Tutors or Friends of Children and Minors shall, before
they send them without the Kingdom, first acquaint the Presbyterie
where they reside, that they may have their Testimoniall directed to
the Presbyterie or Classe within the Kingdom or Dominion beyond Seas
whither they intend to send their Children; and at the time of these
Childrens return, that they report a Testimoniall from the Presbyterie
or Synod where they lived without the Kingdom, to the Presbyterie who
gave them a Testimoniall at their going away, according to the Act
anent Children sent without the Kingdom _Anno_ 1646.
4. That all Presbyteries give the names of such Pædagogs as were abroad
with the children of Noblemen within their bounds, and diligently
enquire whether these Pædagogs do continue steadfast in the true
Religion, and continue in their service, or whither these Pædagogs do
either become corrupt in Religion, or (continuing constant) are removed
from their charge and by whom they are removed, and that they signifie
these things to the Generall Assembly from time to time or their
Commissioners, That they may represent the same to the High Court of
Parliament, Lords of secret Counsell or Committee of Estates, for such
remedie as shall seem expedient to their Honours, for preventing of,
and purging the land from the Plague of Idolatrie.
5. That such Parents, Tutors or Friends as either send away Children
to forraign parts infected with Idolatry without such Testimonialls as
aforesaid, or do not recall them who are already abroad within such
time as is above prefixed, or do remove from them their Protestant
Pædagogs (that they may the more easily be infected with Popery) be
processed, and in case of not amending these things, be Excommunicated.
6. That the names of such as are Excommunicated for these or any other
causes, be sent in to the Generall Assembly from year to year, that
(from thence) their names may be notified in all the Kingdom, and that
the Acts of Parliament and secret Counsell may be put to execution
against them, and all diligence used for that effect; and that by the
effectuall dealing of the Generall Assembly, with the Parliament, Lords
of secret Counsell, or Committee of Estates, their Lordships may Enact
such further, just and severe civill Punishment on such Excommunicants
for Terror to others, as shall be found necessary for purging this
Covenanted Land from all Abominations.
Because persons addicted to Idolatry will use all means for their own
hardening in their Superstitious and Idolatrous way, even within the
Countrey; Therefore all known Papists, or Persons suspect of Poperie
upon probable grounds, are to finde Caution before their Presbyteries,
for their abstinence from Masse, and from the Company of all Jesuits,
and Priests according to the second Overture against Papists, made
_Anno_ 1642. Also Presbyteries are to presse them to finde such
Caution; And to observe what persons put their Sons or Daughters to
such Families as are tainted with Popery within the Land, the same
being a speciall mean to corrupt them with Idolatry; And to cause such
Parents recall their Children, or else proceed with the Censures of the
Kirk against them.
All which Overtures, Presbyteries are seriously required and Ordained
to observe diligently with Certification, That they shall be severely
censured, If they shall be found remisse or negligent in any of these
points, which are so necessary for keeping of the LORDS House and
People unpoluted with Error, Idolatry, or Superstition.
Aug. 11, 1648. Ante Meridiem. Sess. XXXIX.
_Act for prosecuting the Treaty for the Uniformity in Religion in the
Kingdom of England._
The Generall Assembly, Taking to their consideration that the Treaty
of Uniformity in Religion in all His Majesties Dominions is not yet
perfected; Therefore, Renews the Power and Commission granted by
preceeding Assemblies for prosecuting that Treaty unto these Persons
after-named, viz. Mr Robert Dowglas, Mr Samuel Rutherford, Mr Robert
Baillie, Mr George Gillespie, _Ministers_. And John Earle of Cassills,
John Lord Balmerinoch, and Sr. Arch. Johnston of Wariston, _Elders_;
Authorizing them with full power to prosecute the said Treaty of
Uniformity with the Honourable Houses of the Parliament of England, and
the Reverend Assembly of Divines there, or any Committees Appointed by
them: And to do all and every thing which may advance, perfect, and
bring that Treaty to an happie conclusion, conform to the Commissions
given thereanent.
_Act Renewing the Commission for the publick Affairs of this Kirk._
The Generall Assembly Taking to their consideration, that in respect
the great work of Uniformity in Religion in all his Majesties Dominions
is not yet perfected (though by the Lords blessing there is a good
progress made in the same) There is a necessity of renewing the
Commissions granted formerly for prosecuting and perfecting that great
Work; Do Therefore Renew the Power and Commission granted for the
Publick Affairs of the Kirk by the Generall Assemblies held at Saint
Andrews, 1642, and at Edinburgh 1643, 1644, 1645, 1646, and 1647, unto
the persons following, viz. Masters, John Lawder, Andrew Wood, David
Calderwood, Robert Ker, John Mackghie, John Knox, John Sinclar, John
Adamson, Robert Dowglas, George Gillespie, James Hamilton, Mungo Law,
John Smith, Robert Lawrie, George Lesly, John Weir, Robert Eliot,
Alexander Dickson, Patrick Fleeming, Thomas Vassie, Ephraim Melvill,
Hew Kennedie, Kenneth Logie, Alexander Levistoun, George Bennet, David
Weems, William Row, Robert Young, William Menzies, John Friebairne,
John Givan, Harie Guthrie, Andrew Rind, David Auchterlony, Samuel
Ousteen, Thomas Henderson, Charles Archibald, Andrew Lawder, John
Leviston, John Macklellan, Alexander Turnbull, William Foullerton,
George Hutcheson, John Genell, Patrick Colvill, James Ferguson, Hew
Peebles, John Hamilton, Alexander Dunlope, David Ephiston, David
Dickson, Robert Baillie, Robert Ramsay, Patrick Gillespie, Patrick
Sharpe, James Nasmith, John Home, Evan Camron, Robert Blair, Samuel
Rutherfurd, David Forret, Robert Traill, Andrew Bennett, Walther
Greg, John Macgill younger, John Moncreiff, Fredrick Carmichaell,
John Chalmers, John Duncan, Andrew Donaldson, Wil. Oliphant, George
Simmer, Andrew Affleck, Arthur Granger, David Strachen, Andrew Cant,
John Rew, John Paterson, Alexander Cant, John Young, John Seaton,
David Lindsay at Belhelvie, Nathaniel Martine, John Annand, William
Falconer, Joseph Brodie, Alexander Summer, William Chalmer, Gilbert
Anderson, David Rosse, George Gray, Robert Knox, William Penman, James
Guthrie, Thomas Donaldson, William Jameson, Thomas Wilkie, James Ker,
John Knox, Andrew Dunncason, _Ministers_: Archibald Marques of Argile,
Alexander Earle of Eglintoun, John Earle of Cassils, William Earle
of Lothian, Archibald Lord Angus, William Lord Borthwick, John Lord
Torphichen, John Lord Balmerino, Robert Lord Burly, James Lord Couper,
_________ Lord Kilcudbright, Alexander Lord Elcho, Sir Archibald
Johnston of Wariston, Sir John Hope of Craighall, Arthur Erskin
of Scotscraig, Sir John Moncreiff of that ilk, ________ Beaton of
Creigh, Sir John Wauchhope of Midrie, Sir Thomas Ruthven of Frieland,
Sir George Maxwell of Netherpollock, Sir James Fraser of Brae, Sir
James Hackact of Pitfirren, Sir William Carmichaell younger of that
ilk, Walter Dundas younger of that ilk, Thomas Craigs of Ricarton,
Mr George Winrain of Liberton, Sir Alexander Inglis of Ingliston,
Alexander Brodie of that ilk, __________ Forbes of Eight, William
Moore of Glanderston, John Ker of Lochtour, Alexander Pringill of
Whitbank, Walther Scot of Whitslaid, John Crafurd of Crafurdland,
Sir John Chisly of Carswell, Robert Monroe of Obsteall, __________
Cornwall of Bonhard, George Dundas of Dudingston, Sir Iames Stewart
of Kirkfield, Mr Alexander Colvill of Blair, Mr Alexander Peirson, Mr
Robert Burnet younger, Mr Thomas Murray, George Potterfield, Mr Iames
Campbell, Iames Hamilton, Lawrence Henderson, Mr Robert Barclay, Mr
William More, William Glendoning doctor, __________ Dowglas, Iames
Sword, Gideon Iack, Mr Dougall Campbell, Iohn Boswall, Iohn Brown, Wil.
Brown, Robert Brown and William Russell, _Elders_: Giving unto them
full Power and Commission, to do all and every thing for preservation
of the Established Doctrine, Discipline, Worship and Government of this
Kirk, against all who shall endeavour to introduce any thing contrary
thereunto, and for prosecuting, advancing, perfecting and bringing the
said Work of Uniformity in Religion in all His Majesties Dominions
to a happy conclusion, conform to the former Commissions granted by
proceeding Assemblies thereanent, And to that effect Appoints them,
or any seventeen of them, whereof thirteen shall be Ministers to meet
here in this City to morrow the 12ᵗʰ of this Moneth, And thereafter
upon the last Wednesday, of November, February, and May next, and upon
any other day, and in any other place they shall think fit. Renewing
also to the Persons before named the power contained in the Act of
the Assembly 1643, Intituled “A Reference to the Commission anent the
Persons designed to repair to the Kingdom of England.” And further, in
case Delinquents have no constant residence in any one Presbyterie, or
if Presbyteries be negligent or overawed, in these cases The Assembly
gives to the persons before named, such power of censuring complyers
and persons disaffected to the Covenant according to the Acts of the
Assembly, Declaring alwayes and providing, that Ministers shall not
be deposed, but in one of the quarterly meetings of this Commission;
And further Authorises them as formerly with full power to make
Supplications, Remonstrances, Declarations and Warnings to Indict
Fasts and Thanksgivings as there shall be cause to Protest against all
encroachments upon the Liberties of the Kirk, And to censure all such
as interupt this Commission or any other Church Judicatory, or the
execution of their Censures or of any other sentences or Acts issuing
from them, And with full power to them to treat and determine in the
matters referred unto them by this Assembly, as fully and freely as
if the same were here fully expressed, and with as ample power as any
Commission of any former Generall Assemblies hath had or been in use
of before: Declaring also that all opposers of the authority of this
Commission in matters intrusted to them shall be holden as opposers of
the authority of the Generall Assembly, And this Commission in their
whole proceedings are comptable to, and censurable by the next Generall
Assembly.
* * * * *
August 11, 1648. Post Meridiem. Sess. XL.