The General Assembly now after exact tryal, finding that the Presbytery

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.

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