was passed on the 9th of March, for abolishing the patronages of
Kirks.[416] By that statute the Estates did “discharge for ever
hereafter all patronages and presentations of Kirks, whither belonging
to the King, or to any laick patrone, presbyterie, or others within
this Kingdome, at being unlawfull and unwarrantable by God’s word, and
contrary to the doctrines and liberties of this Kirk, and doe repeal,
rescind, make voyd, and annull all gifts and rights granted thereanent,
and all former Acts made in the Parliament, or in any inferior
judicatory, in favour of any patrone or patrones whatsoever, so farre
as the same doth or may relate unto the presentation of Kirks,” &c.
“And because it is needfull that the just and proper interest of
congregations and presbyteries in providing of Kirks and Ministers, be
clearly determined by the General Assembly, and what is to be accompted
the congregation having that interest. Therefore it is hereby seriously
recommended unto the next General Assembly clearly to determine the
same, and to condescend upon a certain standing way for having a
settled rule therein for all tyme coming.” This was a most important
innovation on the original constitution of the Reformed Church in
1567, from which time lay patronage had been an essential element in
its composition, whether in times of Episcopacy or Presbytery; and,
particularly, it amounted to a virtual repeal of the Act 1592, by
which the Presbyterian polity was fully established. It is unnecessary
to anticipate the proceedings of the Assembly on this devolution of
the power of legislation in this matter, as the subsequent acts of
that Assembly will most satisfactorily explain their ordinance. The
Estates, after passing acts approbatory of the proceedings of their
Commissioners in England, and various other matters of particular
concernment, continued the Parliament till the 23d of May following.
After the reassembling in May, the most interesting subject brought
under the notice of the Estates, was a report of the proceedings
of the Commissioners who had been sent to the King to adjust the
terms of his acceptance of the crown of Scotland. That report, and
the various protocols connected with it, shew that the first treaty
proved abortive;[417] the King declining to accede to the proposed
restrictions, and the commissioners urging them ineffectually.[418] The
army was also “purged” of all malignants; and from the communications
which stand on record betwixt the two Parliaments of England and
Scotland, the symptoms of a breach began very soon to appear; but
nothing further very remarkable occurred worthy of notice, till the
meeting of the Assembly, on the 4th of July, 1649, to the Acts of which
we now point attention.
THE PRINCIPALL ACTS
OF THE GENERALL ASSEMBLY HOLDEN AT
EDINBURGH, JULY 7, 1649.
Iuly 7, 1649. Ante Meridiem. Sess. IV.
_Approbation of the proceedings of the Commissioners of the General
Assembly._
The Generall Assembly having heard the report of the Committee
appointed for revising the proceedings of the Commissioners of the
preceding Assembly; And finding thereby, that in all their proceedings
they have been zealous, diligent and faithfull, in the discharge of the
trust committed to them, do therefore unanimously Approve and Ratifie
the whole proceedings, Acts and Conclusions of the said Commission;
Appointing Mr John Bell Moderator _pro tempore_, to return them heartie
thanks in the name of the Assembly for their great pains, travil and
fidelity.
* * * * *
Iuly 10, 1649. Ante Meridiem. Sess. VI.
_Approbation of the Commissioners sent to his Majesty._
The Generall Assembly having taken in serious consideration the
Report of the Travells and Proceedings of the Commissioners sent to
his Majestie presented by them this day, Together with the Commission
and Instructions which were given unto them; Do finde by the Report,
that they have been very diligent and faithfull in the discharge of
the Trust Committed to them: And therefore, do unanimously Approve of
their Carriage, and return them hearty thanks for their great Pains and
Travails in that Employment.
* * * * *
Iuly 19, 1649. Post Meridiem. Sess. XVIII.
_Act discharging promiscuous Dancing._
The Assembly finding the scandall and abuse that arises thorow
promiscuous Dancing: Do therefore Inhibit and discharge the same, and
do referre the Censure thereof to severall Presbyteries, Earnestly
Recommending it to their care and diligence.
* * * * *
Iuly 20, 1649. Ante Meridiem. Sess. XIX.
_Act concerning the receiving of Engagers in the late unlawfull
War against England, to publick Satisfaction, Together with the
Declaration and Acknowledgment to be subscribed by them._
The Generall Assembly considering what great offence against God, and
Scandal to his People at home and abroad, hath arisen from the late
unlawfull Engagement in War against England, whereby, contrary to the
Law of God and of Nations, contrary to the Solemn League and Covenant,
contrary to the Petitions of almost the whole Kingdom, contrary to
the Declarations of the Judicatories of this Kirk, contrary to the
Protestations of a considerable part of the Parliament, contrary to
the frequent and clear warnings of the Servants of God in his name,
not onely an Association in Counsels and Arms was made with Malignant
persons, who had formerly shewn their dis-affection to the Covenant and
Cause, but an invasion of the Neighbour Nation was prosecuted; from
whence flowed the oppression of the persons, estates and consciences
of many of the People of God in this Land, the shedding of the blood
of some, the losse and dishonour of this Nation, and severall other
inconveniences: And considering that the Commissioners of the last
Generall Assembly have acquit themselves faithfully, in ordaining to
be suspended from the renewing of the Covenant, and from the Ordinance
of the Lords Supper, such as are designed in their Acts of Date the 6
of October and 4 of December last, referring the further consideration
and censure of the persons foresaid to this present Generall Assembly:
Therefore the Generall Assembly for removing of much offences, and for
prevention of the like in time coming, and for restoring of such as are
truly humbled, do Declare and Appoint,
I. That all those who have been guilty and censured as aforesaid, and
withal, do not by their addresses to Kirk Judicatories testifie their
dislike thereof, and give evidences of their Repentance therefore,
That these be processed, and continuing obstinate, be excommunicated;
But if withall they go on in promoving Malignant Designes, that they
be forthwith Excommunicated: As also that all such persons guilty as
aforesaid, who after Profession of their Repentance shall yet again
hereafter relapse to the promoting any Malignant Designe, that these be
likewise forthwith excommunicated.
II. That all these who have been guilty and censured as aforesaid,
and desire to testifie their Repentance, and to be admitted to the
Covenant and Communion, shall besides any Confession in publick before
the Congregation subscribe the Declaration hereto sub-joined, of their
unfained detestation and renunciation of that Engagement, and all other
Malignant courses contrary to the Covenant and Cause, Promising to keep
themselves from such ways in time coming, and acknowledging that if
they shall again fall into such defection thereafter, they may justly
be accompted perfidious backsliders, and breakers of the Covenant and
Oath of God, and proceeded against with the highest Censures of the
Kirk.
III. That of these who have been guilty and censured as aforesaid,
and desire now to testifie their Repentance, Whosoever were formerly
joined in Arms or Counsell with James Graham in his Rebellion, or who
were Generall persons or Colonels in the late unlawfull Engagement,
Or who went to Ireland to bring over Forces for that effect, Or who
have been eminently active in contriving of, or seducing unto the said
Engagement, or whosoever above the degree of a Lieutenant Commanded
these parties, that in promoving of the ends of the said Engagement
shed blood within the Kingdom, either before that Army of Engagers went
to England, or after their return, Or who above the degree foresaid
Commanded in the late Rebellion in the North; That none of these be
admitted or received to give satisfaction, but by the Generall Assembly
or their Commissioners.
IV. That all the rest of these who have been guilty, or censured as
aforesaid, may be received by the Presbyteries where they reside.
V. That all who have been guilty as aforesaid, before their receiving
to the Covenant, shall make a Solemn publick Acknowledgement in such
matter, and before such Congregations as the Commission of the Generall
Assembly or Presbyteries respective shall prescribe, according to the
degree of their offence and scandall given.
VI. That none of the foresaid Persons be admitted, or received as
Elders in any Judicatories of the Kirk, but according to the Act of the
Generall Assembly of the last of August 1647, against complyers of the
first Classe.
And because many have heretofore made shew and profession of their
Repentance, who were not convinced of their guiltinesse nor humbled
for the same, but did thereafter return with the dog to the vomit,
and with the sow to the puddle, unto the mocking of God, and the
exceeding great reproach and detriment of his Cause: Therefore, for
the better determining the Truth and sincerity of the Repentance of
those who desire to be admitted to the Covenant and Communion: It is
appointed and Ordained that none of those persons who are debarred from
the Covenant and Communion shall be admitted and received thereto,
but such as after exact triall, shall be found for some competent
time before or after the offer of their Repentance, according to the
discretion of the respective Judicatories, to have in their ordinary
conversations given real Testimony of their dislike of the late
unlawfull Engagement, and of the courses and wayes of Malignants,
and of their sorrow for their accession to the same; and to live
soberly, righteously and godly; And if any shall be found, who after
the defeating of the Engagers have uttered any Malignant speeches,
tending to the approbation of the late unlawfull Engagement, or the
blood-shed within the Kingdome for promoving of the ends of the said
Engagement, or any other projects or practises within or without the
Kingdome, prejudiciall to Religion and the Covenant, or tending to the
reproach of the Ministry, or the civill Government of the Kingdom,
Or who have unnecessarily or ordinarily conversed with Malignant
and disaffected persons, Or who have had hand in, or accession to,
or compliance with, or have any wayes countenanced or promoved any
Malignant Design, prejudiciall to Religion and the Covenant; That
these, notwithstanding their profession of Repentance be not suddenly
received, but a competent time, according to the discretion of the
Judicatory, be assigned to them for tryall of the evidence of their
Repentance, according to the qualifications above mentioned. And the
Generall Assembly Ordains Presbyteries to make intimation of this Act
in the severall Kirks of their bounds so soon as they can, after the
rising of the Generall Assembly, that none pretend ignorance; And that
Presbyteries make accompt of their diligence in prosecuting of this Act
to the Quarterly meetings of the Commission of this Assembly.
* * * * *
_The Declaration and Acknowledgement before mentioned._
I, __________________ after due consideration of the late Warre against
the Kingdom of England; And having also considered the course pursued
and promoted by the Earle of Lanerk, George Monro and their Adherents
in and about Stirling, and by others in the late Rebellion in the
North, against all which not only eminent Testimonies of Gods Wrath
have been giving in defeating of them, but they were in themselves
sinfull breaches of Covenant, and preferring the interest of man unto
God; I doe herefore in Gods sight professe, that I am convinced of the
unlawfulnesse of all these ways, as contrary to the Word of God, and to
the Solemn League and Covenant, not only in regard of the miscarriages
of these that were imployed therein, but also in respect of the nature
of these courses themselves; And therefore professing my unfained
sorrow for my guiltinesse by my accession to the same, doe renounce
and disclaim the foresaid Engagement, and all the courses that were
used for carrying on the same, either before or after the defeat of
the Engagers, as contrary to the Word of GOD and Solemn League and
Covenant, and destructive to Religion and the work of Reformation; And
I doe promise in the power of the Lords strength, never again to own
any of these or the like courses: And if hereafter at any time, I shall
be found to promote any Malignant Design or course, that I shall justly
be accompted a perfidious Covenant-breaker and despiser of the Oath of
God, and be proceeded against with the highest Censures of the Kirk:
Likeas, I doe hereby promise to adhere to the National Covenant of this
Kingdome, and to the Solemn League and Covenant betwixt the Kingdomes,
and to be honest and zealous for promoving all the ends thereof, as
I shall be called thereunto of God, and to flee all occasions and
temptations that may lead me into any the like snares against the same.
Subscribed
at _________________ the _______________ day of ___________
* * * * *
Iuly 24, 1649. Post Meridiem. Sess. XXIII.
_To the High and Honourable Court of Parliament._
The Generall Assembly, Humbly Sheweth,
That whereas we have seen and considered the Act of Parliament
abolishing Patronages, and doe highly commend the piety and zeal of the
Estates of Parliament in promoving so necessary a point of Reformation;
The Generall Assembly do humbly supplicate, that beside the setling
of the Ministers stipends, that the Tythes mentioned in the said Act,
may be affected with the burthen of pious uses, within the respective
Paroches, conform to a draught of an Act seen by the Commissioners of
the late General Assembly before it passed in Parliament; And that
the foresaid Act may be made effectuall for the setling of Ministers
Stipends in Kirks erected, and necessary to be erected according to
the Tenour of the Act of Parliament, And for this effect, that your
Lordships will hasten the sitting of the Commission for Plantation of
Kirks, with all convenient diligence, and your Lordships Answer.
* * * * *
27 Iuly, 1649, Ante Meridiem. Sess. XXVII.
_A seasonable and necessary Warning and Declaration, concerning
Present and Imminent dangers, and concerning duties relating thereto,
from the General Assembly of this Kirk, unto all the Members thereof._
The Lord who chooses Jerusalem in a furnace of Affliction, hath been
pleased since the beginning of the work of Reformation in this Land, to
exercise his People with many trialls; all that desired to keep a good
conscience, were not long agoe under many heavy and sad pressures from
the insolency and oppression of a prevailing party of dis-affected and
Malignant men, who under a pretext of bringing the King to a condition
of Honour, Freedom and safety, did carry on an unlawful Engagement
against the Kingdom of England: and if the Lord had not been mercifull
unto his people, they were like, either to have been banished out
of the Land; or to have been kept in a perpetuall bondage in their
consciences, persons and estates: But he whose Messengers those men had
mocked, and whose word they had despised, did bring them down suddenly
in a day, and restored liberty and peace unto his people: A mercy and
deliverance, which as it ought to be remembred with thankfulnesse
and praise, so may it engage our hearts not to faint in troubles and
straites that do yet abide us, but to trust in the name of the Lord,
who both can and will deliver us still out of all our afflictions.
Albeit, wee do now enjoy many rich and precious blessings wherein wee
have reason to be comforted and to rejoyce; yet it were to shut our
own eyes if we should not see our selves involved in, and threatned
with many and great dangers at home and from abroad. It is matter of
exceeding great sorrow to think upon the ignorance and profanity,
the impenitencie and security that abounds still in the Land,
notwithstanding all the gracious dispensation of the Gospel, and means
of grace in such purity and plenty, that none of the Nations round
about us can boast of the like, and of all the long-suffering patience
of the Lord, and of all his sharp rods wherewith he hath afflicted us
from year to year, and of all the mercies and deliverances wherewith
he hath visited us, and of our late solemn confession of sinnes, and
engagement unto duties, sealed with the renewing of the Covenant and
the Oath of God; Which some men have so far already forgotten, as to
return with the dogge to the vomit, and with the sow to the puddle: And
many signes of inconstancy and levity do appear among all sorts and
ranks of persons, who seem to want nothing but a suitable tentation
to draw them away from their steadfastnesse; Our Army is not yet
sufficiently purged, but there be still in it Malignant and scandalous
men, whose fidelity and constancy, as it is much to be doubted, so
is the wrath of the Lord to be feared, upon their proceedings and
undertakings, without a speedy and effectuall remedy.
That prevailing party of Sectaries in England, who have broken the
Covenant, and despised the Oath of God, corrupted the truth, subverted
the fundamentall Government by King and Parliament, and taken away the
Kings life, look upon us with an evill eye, as upon these who stand
in the way of their monstruous and new fangled devices in Religion
and Government; And though there were no cause to fear any thing from
that party but the Gangrene and infection of those many damnable and
abominable errours which have taken hold on them, yet our vicinity
unto, and daily commerce with that Nation, may justly make us afraid
that the Lord may give up many in this Land unto a spirit of delusion
to beleeve lies, because they have not received the love of the truth.
Neither is the Malignant party so far broken and brought low, as that
they have abandoned all hopes of carrying on their former designs
against the Covenant and work of Reformation: Beside many of them in
this Kingdom, who are as Foxes tied in chains, keeping their evill
nature, and waiting an opportunity to break their cords, and again to
prey upon the Lords people; there be standing Armies in Ireland, under
the command of the Marquesse of Ormond, the Lord Inchqueen, the Lord
of Airds, and George Monro, who forgetting all the horrible cruelty
that was exercised by the Irish Rebels, upon many thousands of the
English and Scottish Nations in that land, have entred into a Peace and
Association with them, that they may the more easily carry on the old
designes of the Popish, Prelaticall and Malignant party; And the Lord
of Airds, and George Monro, have by treachery and oppression brought
the Province of Ulster, and Garrisons therein, under their power and
Command, and have redacted our country-men, and such as adhere unto
the Covenant, and cause of God in that Province, unto many miseries
and straits, and are like to banish the Ministers of the Gospell, and
to overturn these faire beginnings of the work of God, which were unto
many a branch of hope, that the Lord meant to make Ireland a pleasant
land.
But which is more grievous unto us then all these, our King,
notwithstanding of the Lords hand against his Fathers opposition to
the work of God, and of the many sad and dolefull consequences that
followed thereupon, in reference to Religion and his Subjects, and to
his person, and Government, doth hearken unto the councels of these who
were Authors of these miseries to his Royall Father and his Kingdoms:
By which it hath come to passe, that his Majesty hath hitherto refused
to grant the just and necessary desires of this Kirk and Kingdom, which
were tendred unto him from the Commissioners of both for securing of
Religion, the Liberties of the Subject, his Majesties Government, and
the Peace of the Kingdome; And it is much to be feared that those
wicked Counsellours may so farre prevaile upon him in his tender yeers,
as to engage him in a warre, for overturning (if it be possible) of
the work of God, and bearing down all those in the three Kingdoms that
adhere thereto: Which if he shall doe, cannot but bring great wrath
from the Lord upon himselfe and his Throne, and must be the cause of
many new, and great miseries, and calamities to these Lands.
It concerns a Nation thus sinfull and loaden with iniquity, and
involved in so many difficulties and dangers, by timous repentance
and unfained humiliation to draw near to God, and to wrastle with him
in Prayer and Supplication, that our sin may be pardoned, and our
iniquity done away; and that he would establish the Land in the love
of the truth, and inable every one in their station to do their duty
boldly and without fear, and in a humble dependance upon the Lord,
in whom alone is the salvation of his people; Every man ought with
all faithfulnesse and diligence, to make use of all these means that
are approven and allowed of God, for preserving and carrying on of
his work, and for securing and guarding the Land against all enemies
whatsomever, both upon the right hand and upon the left.
The Spirit of errour and delusion in our Neighbour-Land, in the policie
of Satan hath vailed it self in many, under the mask of holinesse, and
is in the righteous and wise dispensation of God, armed with power,
and attended with successe: Therefore all the Inhabitants of this land
would labour for more knowledge, and more love of the truth, without
which they may easily be deceived, and led into tentation, and would
learn to distinguish betwixt the shew and power of godlinesse. We know
that there be many in England who be truly godly, and mourn with us
for all the errours and abominations that are in that land; But it is
without controversie, that that Spirit which hath acted in the Courses
and Counsels of these, who have retarded and obstructed the work of
God, dispised the Covenant, forced the Parliament, murthered the King,
changed the civill Government, and established so vast a Toleration
in Religion, cannot be the Spirit of Righteousnesse and Holinesse,
because it teaches not men to live godly and righteously, but drawes
thē aside into errour, and makes them to bring forth the bitter fruits
of impiety and iniquity, and therefore ought to be avoyded. And not
only are such of our Nation as travaile in our Neighbour-land, to take
heed unto themselves, that they receive not infection from such as are
leavened with Errour, but these also who live at home, especially in
those places where Sectaries, upon pretext of merchandise, and other
civill imployments, ordinarily traffique and converse. Neither needs
any man to be afraid of the power and successe of that party, they
who have gadded about so much to change their way, shall ere long be
ashamed; The Lord hath rejected their confidences, and they shall not
prosper in them; How farre they may proceed in their Resolutions and
Actings against this Kingdome, is in the hand of the most high; If
the Lord shall suffer that party to invade this land, it may be the
comfort and incouragement of all the Inhabitants thereof, that not
only hath that unlawfull engagement against the Kingdom of England been
declared against, and condemned both by Kirk and State; but also that
these men can pretend no quarrell against us, unlesse it be, that we
have adhered unto the Solemn League and Covenant, from which they have
so foully revolted and backslidden; and that we have borne testimony
against Toleration, and their proceedings in reference to Religion
and Government, and the taking away of the Kings life: And therefore
we trust that in such a case none will be so farre deficient in their
duty as not to defend themselves against such injust violence, and in
the strength of the Lord to adhere unto their former principles, with
much boldnes of spirit, and willingnesse of heart; In this certainly we
shall have a good conscience and the Lord shall be with us.