granted to the boyes of Argyle, with a Recomendation to Presbyteries,
to make up what is taken of them by that exemption._
Concerning the overture and desire of the Commissioners of the
Presbyteries of Murray, Rosse, and Caithnesse for an exemption from
that contribution of fourty shillings, recommended for entertainment
of the Irish-boyes in Argyle; The Assembly having considered thereof,
and of their offer in the name of the said Presbyteries, if that
exemption be granted, Do Approve their offer, And Therefore hereby
Exoners the said Presbyteries of the said contribution of fourty
shillings toward the entertainment of the boyes in Argyle, And Ordains
for that exemption according to the offer of their said Commissioners,
that each Presbyterie of the said Provinces entertaine one of the Irish
language at Schooles, and if any be found already fit for Colledges,
they shall maintain them at Philosophie, and so forward, untill they be
fit for the Ministry: And Because by this exemption the contribution
for the boyes in Argyle will be so much lessened. Therefore The
Assembly Recommends to all other Presbyteries to think upon some way
how by the charitable supply that may be made up unto them.
* * * * *
_Act concerning Collection for the Poor._
The Assembly Understanding that the collections for the poor in some
Kirks in the Countrey, are taken in the time of Divine Service, which
being a very great and unseemly disturbance of Divine Worship, Do
Therefore hereby Inhibit and discharge the same. And Ordains that the
Minister and Session appoint some other way and time for receiving the
said Collections.
_Recommendation for securing provisions to Ministers in Burghs._
In regard that the stipends of many Ministers in Burghs are not secured
unto them and their successors; Therefore the Assembly Do seriously
Recommend to the Honourable Commission of Parliament for planting of
Kirks, to provide reall and valide security of competent and honest
meanes to the present Ministers of Burghs and their successours, where
they are not sufficiently provided or secured already; Ordaining
Presbyteries to use all necessary diligence for prosecuting thereof
before the said Commission for planting Kirks.
_The Humble Supplication of the Generall Assembly of the Kirk of
Scotland, met at Edinburgh August 12, unto the Kings Most Excellent
Majestie._
Albeit your Majestie through the suggestions of evil men, may haply
entertain hard thoughts of us and our Proceedings, yet the Searcher
of hearts knowes, and our consciences bear record unto us, that
we bear in our spirits these humble and dutifull respects to your
Majestie, that loyall subjects owe to their native Soveraigne, and
that it would be one of our greatest contentments upon earth, to see
your Majestie reigning for the LORD, in Righteousnesse and Peace over
these Nations: And therefore as we do bow our knees daily before the
Throne of Grace on your behalf, and the behalf of your Posterity; So
we finde our selves, as heretofore, obliged faithfully and freely to
warn your Majestie of your danger and dutie; Wishing, and hoping that
the LORD will incline your Royall heart, from the sence of the evil
which hath befallen You, through the slighting of former Warning, to
be more attentive onto this. We are very sensible of your Majesties
suffering, and low condition, and do not in the least measure approve,
but from our hearts abhorre any thing that hath been done to your
Majesties Person, contrary to the common resolutions of both Kingdoms:
Yet it shall be your Majesties wisdom, in this as in all that hath
befallen you these years past, to read the righteous hand of the LORD,
writing bitter things against you, as for all your Provocations, so
especially for resisting his Work, and authorising by your Commissions
the shedding of the blood of his People, for which it is high time to
repent, that there be no more wrath against you and your Realms.
The Commission of the preceding Assembly, whose proceedings are
unanimously approven by this Assembly, Having read your Majesties
Letter of the date at Carisbrook Castle, December 27, And perused your
Concessions, did finde some of these Concessions destructive to the
Covenant, and all of them unsatisfactorie, and did therefore emit a
Declaration concerning the same, least your Majesties Subjects in this
Kingdom should have unawares imbarked themselves in an Engagement upon
grounds not consisting with the good of Religion, and the Solemn League
and Covenant. For preventing whereof, they did also present most just
and necessary desires unto the high and honourable Court of Parliament
of this Kingdom; which, if they had been granted, might have through
the Blessing of GOD, either procured (upon Treaty) your Majesties
re-establishment, and a solide Peace, or laid open the expediencie
and necessity of a lawfull War, and have united this Kingdom therein
for the good of Religion, of your Majestie, and of your Kingdoms.
When the Parliament was pleased without satisfaction to any of these
desires, to go on towards the determining of a War upon the grounds
contained in their Declaration, As many of their own Members who have
been faithfull in the Cause of GOD from the beginning, did dissent from
their proceedings, so most of all the Presbyteries and Synods of this
Kingdom, and the Committees of War in severall Shires did by humble
Supplication represent to the Parliament, how unsatisfied they were in
their consciences concerning the present Engagement: Notwithstanding
of all which, the Engagement hath been carried on without clearing
either of the lawfulnesse or necessity thereof. Therefore, We having
now examined the same by the Rule of Gods Word, and having found it
unlawfull, as we have warned the whole Kingdom of the danger thereof,
So we hold it our Duty also to warne your Majestie as the Servants of
the most High GOD, and in Name of the Lord Jesus Christ, who must Judge
the quick and dead, Earnestly beseeching your Majestie that as ye would
not draw new guilt upon your Majesties Throne, and make these Kingdoms
again a field of Blood, you would be far from owning or having any hand
in this so unlawfull an Engagement; Which as it hath already been the
cause of so much sorrow and many sufferings to the People of God in
this Land, who choose affliction rather then sin, So it tendeth to the
undoing of the Covenant and Work of Reformation: As we do not oppose
the restitution of your Majestie to the exercise of your Royall Power;
So we must needs desire that that which is GODS be given unto Him in
the first place, and that Religion may be secured before the setling
of any humane interest; Being confident that this way is not only most
for the Honour of GOD, but also for your Majesties Honor and Safety.
And therefore as it was one of our Desires to the High and Honourable
Court of Parliament that they would solicite your Majestie for securing
of Religion, and establishing the Solemn League and Covenant in all
your Dominions, that your Majestie might know that what they intend on
your behalf was with a subordination to Religion; So we do now from
our selves make this humble address unto your Majestie, intreating
your Majestie as you tender Truth and Peace, you would be pleased to
suffer your self to be possessed with right thoughts of the League and
Covenant, and of the proceedings of your Majesties loyall Subjects in
relation thereunto, and give your Royall assent for injoyning of it in
all your Dominions. If your Majestie had been pleased to hearken to our
Counsell hereanent some years ago, the blood of many thousands, which
now lyes upon your Majesties Throne, might have been spared, Popery,
Prelacy, Idolatry, Superstition, Prophanesse, Heresie, Errour, Sects
and Schismes which are now grown to so great a height in England, might
have been extirpate, and your Majestie sitting in Peace in your own
House, Reigning over your Subjects with much mutuall contentment and
confidence. And if your Majestie shall yet search out and repent of all
your secret and open Sins, And after so many dear-bought experiences
of the danger of evil Counsell, be now so wise as to avoid it, and
to hearken to us speaking unto you in the Name of the Lord, We are
confident by this means your Majestie may yet be restored, and a sure
and firme peace procured. We take it as a great mercy, and as a door
of hope, that GOD still inclines the hearts of all his Servants to
pray for your Majestie; And we would not have your Majestie to look
upon it as a light thing that you have been preserved alive, when many
thousands have by your means and procurement fallen on your right
hand and on your left hand. God forbid that your Majestie should any
longer despise the word of exhortation, the riches of his goodnesse,
forbearance and long suffering, not knowing that the goodnesse of
God leads you unto Repentance; For if your Majestie do so, As we are
afraid, all Counsels and Endeavours for your Majesties re-establishment
shall be in vain and without successe, because of the Wrath of the LORD
of Hosts, who brings down the mighty from his Throne, and scatters
the proud in the imaginations of their hearts; So we shall mourn in
secret for it, and for all the miseries that are like to come upon your
Throne and your Dominions, and comfort our selves in this, that we
have delivered our own souls. But we desire to hope better things, and
that your Majestie will humble your self under the mighty hand of God,
and be inclined to hearken to the faithfull advise of his Servants, be
willing to secure Religion, and imploy your Royall Power for advancing
the Kingdom of the Son of GOD, which will turn as well to the Honour
and Happinesse of your Majestie as to the Peace and Safety of your
Subjects.
* * * * *
August 12, 1648. Sess. Ult
_Act discharging Duels._
The General Assembly taking in consideration the many Duels and combats
that have been fought, and Challenges that have been made, and carried,
and received in this Land of late. And being sensible of the exceeding
great offence that comes by so horrible and hainous a sin; which is
a grosse preferring of the supposed credit of the Creature unto the
Honour of the most High God, and an usurpation upon the office of the
Magistrate by private mens taking of the Sword, And a High degree of
murther both of body and soul, by shedding the blood of the one, and
cutting off the other from time of repenting; And which doth ordinarily
produce many wofull consequents, Therefore doth enact And Ordain that
all Persons of whatsoever quality who shall either fight Duels, or
make, or write, or receive, or with their knowledge carry Challenges,
or go to the fields, either as Principals, or as Seconds to fight Duels
and Combats, that they shall without respect of Persons be processed
with the Censures of the Kirk and brought before the Congregation two
severall Lords-dayes; In the first whereof they are sharply to be
rebuked and convinced of the hainousnesse of their sin and offence, and
on the next to make a solemn publick Confession thereof, and profession
of their unfained Humiliation and Repentance for the same. And if the
Person guilty of any of the former offences be an Elder or Deacon, he
is to be removed from his office, and whatsoever person guilty of any
of these offences, shall refuse to give obedience according to the
tenour of this Act, shall be processed to Excommunication: Declaring
always, that if any be killed at such Duels, the killer shall be
proceeded against by the Kirk as other murtherers.
_Act concerning deposed Ministers._
The Assembly considering that divers Ministers deposed for Malignancy,
and complying with the Enemies of this Kirk and Cause of God, may be
suited by, and hope to get entry in some Congregation where a Minister
deposed for Malignancy hath been, and may be supposed to have put on
the people a stamp and impression of Malignancie, and being by the
Act of the Generall Assembly in _Anno_ 1645, Past all hope of being
restored to the place out of whilk he was cast: Now also Ordains and
enacts that no Minister deposed for Malignancy and complyance foresaid
(when it shall fall out that he be put in a capacity of admission to
the Ministry) shall enter into the Congregation of any other Minister
who also hath been deposed for Malignancy and complyance, as said is.
* * * * *
The General Assembly not having now time to consider the References
of preceding Assemblies, and the most part of Presbyteries not
having sent their opinions in Writ, Therefore do yet again Recommend
to Presbyteries and Provinciall Assemblies to consider all matters
referred by this or by any former Assemblies, are to send their
opinions therein in writ to the next Generall Assembly:
* * * * *
The meeting of the next Generall Assembly is hereby Appointed to be at
Edinburgh the first Wednesday of July, 1649.
A. KER.
INDEX _of the UNPRINTED ACTS of the GENERALL ASSEMBLY, held at
Edinburgh, 1648._
1.—Election of Mr George Gillespie, Moderator. _Sess_. 1.
2.—Recom. to the Magistrates of Edinburgh for accommodating the
Assembly-house for the Members thereof. _Sess._ 2.
3.—Committee for the contraverted Commissions. _Ib._
4.—Committee for References and Appeals. _Ib._
5.—Committee for Bills and Overtures. _Ib._
6.—Committee for triall of the proceedings of the Commission of the
preceding Assembly. _Ib._
7.—Committee for revising the Provinciall Books. _Ib._
8.—Committee for appointing Ministers to Preach during the Sitting of
the Assembly. _Ib._
9.—Committee to consider the present dangers and duties of these times,
and other publick matters. _Ib._
10.—Ref. to the Committee to consider of the said Elections of
Commissioners from Burghs. _Ib._
11.—Act concerning the Commission from Ireland. _Ib._
12.—Act rejecting the Commission from the Presbyterie of Chirnside.
_Sess._ 3.
13.—Letter to the Laird of Blacader, Elder in the said Commission, to
clear the Assemblies respects to him. _Ib._
14.—Act Refusing the Commission from Dunce. _Ib._
15.—Meeting of the Commissioners from severall Provinces to try
the blasphemies and insolences of the Army, now forth in the late
Engagement against England, and to report. _Ib._
16.—Act concerning Mr James Aitkin. _Sess._ 4.
17—Commission for Visitation of the Presbyteries of Dunce and
Chirnside. _Ib._
18.—Committee for hearing the report concerning the Paraphrase of the
Psalmes in Meeter. _Ib._
19.—Ref. to the Committee for publick matters, to take in the
reports concerning the Directorie of Government, Catechisme, and CXI
Propositions. _Ib._
20.—Recom. in favours of the relicts of Doctor Sharpe and Mr R.
Brounlies to the Committee of Estates. _Ib._
21.—Petition from the Army lately gone to England. _Sess._ 5.
22.—The offers and desires of the Committee of Estates of the 17 July.
_Ib._
23.—Quære to the Committee of Estates. _Ib._
24.—Recom. to the Lord Theasaurer for the arrears of the annuity of
500. li. Sterl. _Ib._
25.—Answer to the Quære from the Committee of Estates 17 July. _Ib._
26.—Return to the Committee of Estates. _Ib._
27.—Ref. Petitions from Ireland for Ministers to a Commitee. _Ib._
28.—Modification to Mr David Calderwood for his publick employments.
_Sess._ 6.
29.—Modification to the Clerk of the Assembly for his service. _Ib._
30.—Paper from the Committee of Estates of the 18 July. _Ib._
31.—The Assemblies return to the said Paper. _Ib._
32.—The Committee of Estates answer to the said return. _Ib._
33.—The Assemblies Return to the said answer. _Ib._
34.—Another Paper from the Committee of Estates of the 18 July. _Sess._
7.
35.—Answer to the Paper last sent from the Committee of Estates,
bearing a power to certain Members of the Assembly to confer with their
Lordships. _Ib._
36.—Answer to Mr Patrick Hammiltoun, denying his desire for opening his
mouth, with a Recommendation in his favours. _Sess._ 8.
37.—Remit. Mr James Rosse to Presbyterie and Synod. _Ib._
38.—Recom. to Presbyterie of Dunkeld concerning vaiking Stipends. _Ib._
39.—Approbation of the Act of the Commission of the preceding Assembly
concerning the Collecting of the History of the time. _Ib._
40.—Recom. to the Clerk for Printing the publick Papers. _Ib._
41.—Recom. to the Clerk for reprinting the Confession of Faith with the
Assemblies Approbation. _Sess._ 9.
42.—Recom. to Mr Robert Dowglas for printing two of his Sermons. _Ib._
43.—Ref. concerning Major Turner and Lieut. Colonel Hurrie to the
Commission for publike affairs. _Ib._
44.—Remit. to the Presbyterie of Edinburgh concerning the Service-books
and Idolatrous monuments, now lying in the high-School-yard. _Ib._
45.—Committee for considering James Murrays businesse. _Ib._
46.—Paper from the Committee of Estates of the 20 Iuly. _Sess._ 10.
47.—The Assemblies Answer thereto with an appointment for conference.
_Ib._
48.—Order for citing Patrick Lesly Provest of Aberdeen. _Ib._
49.—Recom. to the Committee of Estates concerning his miscarriage. _Ib._
50.—Ref. concerning insolences and blasphemies of the souldiers to the
Commission for publick affairs. _Sess._ 11.
51.—Paper from the Committee of Estates of the 22 July concerning the
conference, and concerning Patrick Lesly. _Sess._ 12.
52.—The Assemblies answer to the said Paper. _Ib._
53.—Act concerning Mr George Clerk. _Ib._
54.—Act refusing Mr George Hutchesons transportation to Air. _Ib._
55.—Motion verballie from the Committee for Ministers to the Army, with
the Assemblies answer thereunto. _Ib._
56.—Act concerning Patrick Leslies answers. _Ib._
57.—Paper from the Committee of Estates of the 24 July. _Sess._ 13.
58.—Ref. of the said Paper to the Committee for publick businesse to
consider of an answer, and report their opinions. _Ib._
59.—Act concerning Patrick Lesly. _Ib._
60.—Appointment of a letter to Mr Hew Henderson for setling in Dumfries
according to the sentence of transportation. _Ib._
61.—Ref. for planting a Collegue in Air to the Commisson for publick
affairs. _Ib._
62.—Ref. of the remedies of the sins of the times, to the Committee
which was appointed for triall of the Commission of the preceding
Assembly. _Ib._
63.—Ref. Mr Walter Comries transportation to the Committee of bills,
and they to report. _Ib._
64.—Appointment that all bills, appeals, references, reports, &c. be
given in before Wednesday next. _Ib._
65.—Paper from the Committee concerning Patrick Lesley. _Sess._ 14.
66.—The Assemblies answer thereunto. _Ib._
67.—Ref. Patrick Lesley to a Committee for conference. _Ib._
68.—Suspension Mr Harie Cockburn. _Sess._ 15.
69.—Vote sustaining the summons concerning the transportation of Mr
John Leviston to Ancrum. _Ib._
70.—Recom. Mr Iohn Durie to E. Hadington. _Sess._ 16.
71.—Ref. Mr Samuel Dowglas to the visitation of Dunce and Chirnside.
_Ib._
72.—Ref. the dissent of the Brethren in the Provinciall of Merse and
Teviotdaill to the said visitation. _Ib._
73.—Ref. concerning Ministers to Ireland to the Commission to be
appointed for publick affairs. _Ib._
74.—Advise concerning discipline to be used, with the Garisons and
Regiments in Ireland. _Ib._
75.—Letter to Generall Major Monro. _Ib._
76.—Ref. for planting the Kirk of Bruntiland to the Commission to be
appointed for publick affairs. _Sess._ 17.
77.—Recom. concerning James Murrayes children. _Ib._
78.—Recom. to the Commission of Parliament for planting of Kirks the
adjoyning Sutherland, Sutherlandhall, &c. to Lindean and making it a
distinct paroch. _Ib._
79.—Recom. for keeping in the interim the Kirk of Galosheills. _Ib._
80.—Recom. in favours of Mr James Morison Minister at Erne and Randell,
or his executors for the payment of a some of mony by the next intrant.
_Ib._
81.—Recom. for planting Kirks in Badinoch to the Commission for
planting of Kirks. _Ib._
82.—Recom. to the Commission for publick affairs to think upon and
prosecute some wayes for planting a Ministery in Lochabar. _Ib._
83.—Recom. to Presbyteries to send a more particular information of the
insolencies and miscarriages of the souldiers and the evidences thereof
to the Commission for publick affairs. _Ib._
84.—Ref. to the Committee of bills to distribute the petitions for
charitie. _Ib._
85.—Recom. Mr Robert Linsayes relict and children. _Sess._ 18.
86.—Recom. Mr Patrick Linsayes children. _Ib._
87.—Paper from the Committee of Estates of the 28 of July. _Ib._
88.—Recom. to Presbyteries to supplie the places of the brethren sent
in Commission to the Generall Assembly, or that attend the meetings of
the Commission of the Assembly. _Sess._ 19.
89.—Act for conference with Earle of Abercorne untill the first of
March. _Sess._ 20.
90.—Committee for considering the hospitalls, and to report their
condition. _Ib._
91.—Commission for visiting Rosse, Sutherland, Cathnes, Orknay, and
Zetland, with a Reference concerning Mr Iames Iohnston. _Ib._
92.—Commission for visitation of Stirling, and Dumblane Presbyteries,
with a Reference for the particular concerning Mr Andrew Iaffray. _Ib._
93.—Ref. to the Commission for publick affairs for the triall of the
Provinciall book of Argyle. _Ib._
94.—Act appointing the Clerk to print the Declaration with the first
conveniencie and to send it to Presbyteries. _Sess._ 22.
95.—Vote for removing the Commissioners in the Province of Galloway in
the matter concerning Mr John Levistons transportation to Ancrum. _Ib._
96.—Declaration in favour of the Presbyterie of Jedburgh, for
preserving their right and interest in planting Ancrum _proprio Jure_.
_Ib._
97.—Transportation of Mr John Leviston to Ancrum. _Ib._
98.—Order for some Brethrens presenting the Declaration to the
Committee of Estates. _Sess._ 23.
99.—Ref. to the Committee appointed for publick matters to consider
of the materialls and draught of a petition to the Committee Estates.
_Ib._
100.—Ref. for planting Kircaldie to the Commission for publick affairs.
_Sess._ 24.
101.—Approbation of the manner and order of the calling and setling a
Collegue in the Kirk of Culrosse. _Ib._
102.—Committee concerning Mr Iames Row. _Ib._
103.—Committee for examining Witnesses upon the injury done to Mr
Robert Melvill. _Ib._
104.—Committee for examining a scandalous Pamphlet falsly put forth
under the name of Mr Alexander Henderson. _Sess._ 25.
105.—The Assemblies answer Refusing the desire of the Isle of Makghie
in Ireland for Mr Iohn Dick. _Ib._
106.—Vote for ___________ Maccullo of Ardwell his purgation by oath.
_Ib._
107.—Warrant for citing the persons that injured Mr Robert Melvill.
_Ib._
108.—Vote concerning Patrick Leslie. _Sess._ 27.
109.—Approbation of the Excambion mentioned in the contract betwixt
Sir William Scot and the Minister of Mertoun consented to by the
Presbyterie, and approven by the Synod. _Ib._
110.—Ref. Mr William Home to the Visitation of Dunce and Chirnside.
_Ib._
111.—Liberty for Iohn Gillon to preach untill the next Assembly for
exercise of his gift. _Ib._
112.—Ref. concerning the Quære from the Presbyterie of Edinburgh,
touching the marriage of a young gentlewoman minor without consent of
her tutors, to a Committee. _Ib._
113.—Act refusing the desire of Mr Iames Row for opening his mouth.
_Ib._
114.—Remit. the appeal of the Parochiners of Schots, concerning
the admission of Mr Francis Kincade to the Presbyterie and Synod
respectively of consent. _Ib._
115.—Act refusing the transporting of Doctor Colvill to the Colledge of
Edinburgh. _Sess._ 29.
116.—Ref. Mr William Sanders to the Commission for planting of Kirks.
_Ib._
117.—Ref. dissent in the Presbyterie of Chirnside to the visitation of
Dunce and Chirnside. _Sess._ 30.
118.—Act for conference with the Lady Mordington. _Ib._
119.—Ref. to the Visitation of Dunce for tryall of that murder
committed in the Lord Mordingtons house. _Ib._
120.—Appointment of Mr Alexander Leviston to go to Ireland first, next
Mr Hary Sempell, Mr Androw Lawder in the third place, and Mr Iohn Dick
the last three moneth. _Ib._