of the sins of Witchcraft, Charming and Consulting, notwithstanding
the frequent Recommendations for restraining thereof; And remembring
that the Generall Assembly 1647, did propose A good way for the tryall
and punishment of these sinnes, by appointing conferences with some
Ministers, Lawyers and Physitians in that matter which hath never
yet taken effect; Therefore the Assembly doth Appoint Masters Robert
Dowglas, Robert Blair, Mungo Law, James Hammilton, John Smith, Robert
Traill, George Leslie, John Hamilton, John Duncan, Samuel Rutherfoord,
James Wood, John Leviston, James Guthrie, Andro Cant, David Calderwood,
John Moncreiff, Frederick Carmichael, James Durhame, Patrick Gillespie,
Robert Ker, Ephraim Melvill, _Ministers_ To consider seriously of
that matter, And to consult and advise therein amongst themselves,
As also with Sir Archbald Johnston of Wariston _Clerk Register_, Mr
Thomas Nicolson _his Majesties Advocate_, Mr Alex. Peirson, one of the
ordinary _Lords of Session_, Sir Lewes Stewart, Mr Alex. Colvill, and
Mr James Robertson, _Justice Deputes_, Mrs Rodger Mowet, John Gilmoir,
and John Nisbet, _Lawers_; and with Doctors Sibbald, Cunninghame, and
Purves, _Physitians_, severally or together as occasion shall offer;
And the Assembly earnestly requests and confidently expects from these
learned and judicious Lawyers and Physitians beforenamed, their best
endeavours and concurrence with their brethren of the Ministrie for
advise and counsell herein, and for conference in the said matter;
And Ordaine the said brethren to make report of the result of their
consultations and conferences from time to time as they make any
considerable progresse to the Commission for publick affairs, And the
said Commission shall make report to the next Generall Assembly.
_Recommendation for maintenance of Schoolmasters and Precenters._
The Generall Assembly doe humbly Recommend to the Parliament or
Committee for plantation of Churches, that whatever either in Paroches
of Burghs or Landwart, was formerly given to the maintenance of these
who were readers precentors in Congregations, and teachers of Schooles
before the establishing of the Directory for publick Worship, may not
be in whole or in part alienat or taken away, but be reserved for the
maintenance of sufficient schoolmasters and precentors who are to be
approven by the Presbyterie; And Presbyteries are hereby required to
see that none of that maintenance given to the foresaid uses or in
use to be payed thereunto before the establishing of the Directory of
Worship, be drawn away from the Church.
* * * * *
_Act concerning persons to be admitted Bursars._
The Assembly doe hereby Ordaine That none be sent to Universities
from Presbyteries, nor be admitted as Bursars of divinitie, but pious
youths, and such as are known to be of Good expectation and approven
abilities.
* * * * *
_Reference to the Commission for publick affaires, for re-examining
the Paraphrase of the Psalmes, and emitting the same for publicke
use._
The Generall Assembly Having taken some view of the new Paraphrase
of the Psalmes in meetter with the corrections and animadversions
thereupon sent from severall persons and Presbyteries, And finding that
they cannot overtake the review and examination of the whole in this
Assembly; Therefore now after so much time and so great paines about
the correcting, and examining thereof from time to time some yeares
bygone, that the worke may come now to some conclusion, They do Ordain
the Brethren appointed for perusing the same during the meeting of
this Assembly, viz. Masters James Hammiltoun, John Smith, Hew Mackail,
Robert Traill, George Hutcheson and Robert Lowrie, after the dissolving
of this Assembly to goe on in that worke carefully, And to report their
travels to the Commission of the Generall Assembly for publick affaires
at their meeting at Edinburgh in November; And the said Commission
after perusall and re-examination thereof, is hereby authorized with
full power to conclude and establish the Paraphrase, and to publish and
emit the same for publick use.
* * * * *
_Letter to the Kings Majestie._
MOST GRACIOUS SOVERAIGNE,
Wee your Majesties most humble and Loyall Subjects, the Commissioners
from all the Presbyteries in this your Majesties ancient Kingdome,
and members of this present Nationall Assembly, Having expected to
finde at our meeting, a gracious and Satisfactory returne to those
humble representations made to your Majestie at the Hague, by the
Commissioners of this Kirk, Cannot but expresse our great sorrow and
griefe, that your Majesties goodnes has been so far abused, As that
not only the just and necessary desires presented by them to your
Majestie, which so much concerne the glory of God, your owne honours
and happinesse, the peace and safety of your Kingdomes, are utterly
frustrated, as wee perceive by the paper delivered in answer to them:
but also this Assembly hath not received so much as any signification
by letter of your Majesties minde: Which princely condescension had
not wont to be wanting in your royall Father, to former Generall
Assemblyes, even in times of greatest distance. Our witnesse is in
heaven, and record on high, that wee are not conscious to our Selves
of any undutifull thought or disloyall affection, that might have
procured this at your Majesties hands; And that, as wee doe from
our hearts abominate and detest that horrid fact of the Sectaryes
against the life of your Royall Father our late Soveraigne, So it
is the unfained and earnest desire of our soules, that the Ancient
Monarchicall government of these Kingdoms, may be established and
flourish in your Majesties person all the dayes of your life, and
be continued in your royal Family which by divine providence hath
without interruption raigned over us and our predecessors for so
many Generations since the time that we were a Kingdom, And that
there is nothing under the glory of God, and cause of our Lord Jesus
Christ, for which wee doe more heartily solicite the throne of
grace, Or would more readily expose unto hazard all that is deare
to us in the world, then for this. And now though this very great
discouragement might incline us to hold our peace at this time; Yet
the tendernesse and uprightnesse of our affection and Love to your
Majesties happinesse (which many waters cannot quench) together with
the Conscience of our duty which our Lord and Master has laid upon
us, in this our place and station, constraineth us, yea, and your
Majesties owne goodnesse and gracious disposition, whereof the late
Commissioners have given us so Large a testimony, Doth much encourage
us, to renew our addresses to your Majestie in this humble faithfull
representation, both of the great and growing dangers to your Royall
person and Throne, and of these duties, which the Lord of Lords and
King of Kings, call for from you, as you would look to finde favour
in his eyes, and to be delivered out of your deepe distresses.
Our hearts are filled with fears and troubles, in your Majesties
behalf, when we look upon the sad calamities which have been already
produced by such wayes and courses, as we perceive your Majestie is
entred, and in danger to be further led away into, by the prevalency
of evill Councell upon your tender age; Particularly, Your refusing
to give satisfaction to the just and necessary desires of the people
of God, for advancing the work of reformation of Religion, and
establishing and securing the same in your Majesties Dominions, which
is nothing else, but to oppose the Kingdome of the Sonne of God, by
whom Kings doe raigne, and to refuse that hee should raigne over you
and your Kingdomes in his pure Ordinances of Church government and
Worship; Your cleaving unto these men as your trustiest Counsellors,
who, as they have never had the glory of God, nor good of his
people before their eyes, so now in all their wayes and Counsels,
are seeking nothing but their owne interests, to the hazard of the
utter subversion of your Throne, the ruine of your Royall Family,
and the desolation of your Kingdomes; Your owning the practises, and
intertaining the Person of that flagicious man, and most justly
excommunicate Rebell, James Graham, who has exercised such horrid
cruelty upon your best Subjects in this Kingdom, which cannot but
bring upon your Throne, the guiltinesse of all the innocent blood
shed by him and his Complices; and above all, that, which we cannot
think upon without trembling of heart and horrour of spirit, Your
setling of late such a Peace with the Irish Papists the Murderers of
so many thousands of your Protestant Subjects, whereby not only they
are owned as your good Loyall Subjects, but also there is granted
unto them (contrary to the Standing Lawes of your Royall Progenitors,
contrary to the commandment of the most high God, and to the high
contempt and dishonor of his Majestie, and evident danger of the
Protestant Religion) a full liberty of their abominable Idolatry;
which cannot be otherwise judged, but a giving of your Royal power
and strength unto the beast, and an accession to all that blood of
your good Subjects, wherewith those Sonnes of Babell have made that
Land to swim.
We do in all humility beseech your Majestie to consider and lay
to heart what the mouth of the Lord of Hosts hath spoken of all
the accompts of People, Nations, Kings, and Rulers against the
Kingdom of his Son, that they imagine a vaine thing and that he that
sitteth in heaven will have them in dirision and vex them in his
sore displeasure. Consider, how he hath blasted and turned upside
downe these yeares by past, all the devices and plots of those men
that now beare the Swey in your Majesties Counsels: Consider how
the anger of God has been kindled, even against his dearest Saints,
when they have joyned themselves to such men as he hateth and has
cursed: Consider, how severely hee hath threatned and punished
such Kings as have associate with Idolaters, and leaned unto their
helps. Surely great is the wrath of God, whereof you are in danger;
And yet the Lord in the riches of his goodnesse, forbearance and
long suffering, is waiting to be gracious to your Majestie; To day
if ye will heare his voice, harden not your heart, but humble your
self under the mighty hand of God, lamenting after him as, for the
iniquities of your Fathers house, especially the opposition against
the reformation of Religion and Cause of God, the permitting and
practising Antichristian Idolatry in the Royall Family it self, and
the shedding of so much blood of the people of God, so also, for
your owne entering to walke in the like courses in the beginning
of your raign. It is high time to fall downe before the Throne of
grace, seeking to get your peace made with God through Jesus Christ
whose blood is able to wash away all your sins, To walk no longer in
the Councel of the ungodly, nor cleave to such as seeke their own
things and not the things of Jesus Christ, nor the welfare of your
Subjects and Government, but to set your eyes upon the faithfull in
your dominions, that such may dwell with you, and be the men of your
Councells, To serve the Lord in feare, and kisse the Sonne of God,
by a sincere and cordiall contributing your Royall allowance and
authority, for establishing in all your dominions the reformation of
Religion, in Doctrine, Worship, and Government as it is now agreed
upon according to the cleare and evident warrant of the word of
God, by the Assembly of Divines at Westminster, and the Generall
Assemblies of this Church; And also, laying aside that service book,
which is so stuffed with Romish corruptions, And conforming your
owne practise and the worship of God in your Royall Family, to that
Gospell simplicity and purity which is holden forth from the word
of God, in the Directory of worship, and not only to grant your
Royall approbation to the Covenant of these three Kingdomes (without
which, your people can never have from you sufficient security,
either for Religion, or their just liberties) but also your selfe
to joyne with your people therein as the greatest security under
Heaven for your person and just greatness, and to cause all of them
stand to it by your Royall Command, according to the practice of
that gracious King Josiah, to whom, wee wish your Majestie in these
your younger yeares, and this begining of your reigne, to look as
to an ensample and Kingly portract approven of God. These things
if your Majestie do; As wee are well assured, that the hearts of
all your good Subjects in these Kingdomes will be enlarged with all
cheerfulnesse to imbrace your person, and submit unto your Royall
Government, so wee darre promise in the Name of our Lord, that you
shall finde favour with God, peace and joy unspeakable and full of
glory to your Soule, and deliverance out of your sad afflictions and
deep distresses in due time: But if your Majestie shall go on in
refusing to hearken to wholesome Councels; We must for the discharge
of our Conscience tell your Majestie in the humility and griefe of
our hearts, that the Lords anger is not turned away, but his hand
stretched out still against you and your Family. But wee hope, and
shall with all earnestnesse and constancy pray for better things
from, and to your Majestie: And whatsoever misconstruction (by the
malice of those that desire not a right understanding and cordiall
conjunction between your Majestie and this Kirk and Kingdome) may be
put upon our declaration; Yet wee have the Lord to be our witnesse,
that our purpose and intention therein is no other, but to warne and
keepe the people of God committed to our care, that they runne not
to any course which would bring upon themselves the guilt of highest
perjury and breach of Covenant with God, and could not but prove most
dangerous to your Majestie and your Government, and involve you in
shedding the blood of those who are most desirous to preserve your
Majesties Person, and just right in all your dominions. And now wee
doe with all earnestnes beseech your Majestie, that you will follow
the courses of truth and peace; And that when there is a doore opened
for your Majestie to enter to your Royall Government over us, in
peace, with the favour of God, and cordiall Love and imbracings of
all your good Subjects, You will not suffer your selfe to be so farre
abused and misled by the Councels of men, who delight in War, as to
take a way of violence and blood, which cannot but provoke the most
high against your Majestie, and alienat from you the hearts of your
best Subjects, who desire nothing more, than that your Majestie may
have a long and happy raign over them, And that they may live under
you, a peaceable and quiet life, in all Godlinesse and honesty.
Your Majesties most Loyal Subjects and
humble servants the Ministers and Elders
conveened in this Nationall Assembly of the
Kirk of Scotland.
Edinburgh, 6 August, 1649.
* * * * *
The Generall Assembly not having now time to consider the Reference
of preceding Assemblies, and the most part of Presbyteries not having
sent their opinions in writ; Therefore do yet againe recommend to
Presbyteries and Provincial Assemblies to consider all matters referred
by this or by any former Assemblies, And 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 second Wednesday of July, 1650.
A. KER.
INDEX _of the_ UNPRINTED ACTS _of the_ ASSEMBLY, 1649.
1.—Election of Mr Robert Douglas, Moderator. _Sess._ 1.
2.—Act concerning the Commission from Ireland. _Ib._
3.—Committee for Refers and Appeals. _Sess._ 2.
4.—Committee for Bills and Overtures. _Ib._
5.—Committee for publick business. _Ib._
6.—Committee for tryall of the Synod Books. _Ib._
7.—Committee for tryall of the proceedings of the Commissioners of the
Generall Assembly. _Ib._
8.—Renovation of the Commission for visiting University of Saint
Andrews. _Ib._
9.—Recom. Gedeon Morise to the Committee of Estates. _Ib._
10.—Order for speaking the Earl of Abercorne for payment of the bygone
stipends of Kilpatrick. _Ib._
11.—Recom. bussines of Ireland to the Committee for publick bussines.
_Sess._ 3.
12.—Continuation of Generall Major Midleton to the 9 of July. _Ib._
13.—Committee for the Psalmes. _Ib._
14.—Ref. of the Protestation of Mr Iames Morison to the Committee of
Refers. _Ib._
15.—Act Concerning the papers committed by the Parliament for
corespondence. _Sess._ 4.
16.—Continuation of particular References from the Commission of the
General Assembly untill the report thereof be brought in from the
Committee of Refers. _Ib._
17.—Committee for considering the Earle of Eglingtouns Bill concerning
Mr Iames Ferguson. _Ib._
18.—Committee for conference with the Committee of dispatches. _Ib._
19.—Committee for conference with Mr Walter Comrie to satisfie him in
his transportation to Inneraray. _Ib._
20.—Continuation of the Lord Ogilvy to the 17 of that instant. _Sess._
5.
21.—Continuation of G. M. Midleton untill Fryday next. _Ib._
22. Letter to the Brethren of the Presbyterie of Carrickfergus. _Ib._
23.—Continuation of the Commission for visitation of the University of
Glasgow. _Ib._
24.—Ratification of the act of the Presbytery of St Andrews concerning
the agreement betwixt the Laird of Anstruther and the Parochiners. _Ib._
25.—Act recommending to the Brethren to make out the descriptions of
these parts of the Kingdom not yet described. _Ib._
26.—Remitt. Elizabeth Armestrange to the Province of Dumfries. _Ib._
27.—Act for a Minister to Colonel Gilbert Ker his Regiment. _Sess._ 6.
28.—Recom. Mr Robert Iamesone to the Parliament. _Ib._
29.—Letter from Rivet. _Ib._
30.—Order for presenting to the Parliament the report of the
Commissioners sent to his Majestie, and for printing thereof. _Ib._
31.—Committee for revising a Tactate of Chronologie. _Sess._ 7.
32.—Committee for considering the Petition of the Town of Edinburgh for
Ministers and professors. _Ib._
33.—Approbation of the act of transportation concerning Mr Walter
Comrie. _Ib._
34.—Committee for correcting the paraphrase the Psalmes. _Ib._
35.—Ref. to the Committee for publick busines to consider the petitions
given in by the Engagers, and report. _Sess._ 8.
36.—Committee for appointing Ministers to preach. _Ib._
37—- Recom. concerning the Minister of Glencorse to the Parliament and
Exchequer. _Ib._
38.—Approbation of the sentence of deposion against Mr Harie Guthrie
not withstanding of his appeale. _Sess._ 9.
39.—Act appointing sumonds to be direct against Mr Harie Guthrie. _Ib._
40—Approbation of the Deposions of Mr Iohn Allane, Mr Andrew Ieffray,
and Mr Harie Schaw. _Ib._
41.—Approbation of the depositions of Mr Alexander Monroe, Mr David
Monroe, and Mr Thomas Rosse. _Ib._
42.—Approbation of the suspensions of Mr Donald Rosse, Mr William
Rosse, Mr Iohn Hosack: with the Ref. concerning Mr David Rosse, Mr
Robert Williamson, Mr Walter Stewart, Mr George Monroe, and Mr Andro
Andersone to the next visitation. _Ib._
43.—Deposition of Mr Patrick Graham sumtime Minister at Holme. _Ib._
44.—Committee for conference with the Officers that were upon the
Engagement. _Sess._ 10.
45.—Recom. Mr Alexander Smith for his stipend to the Parliament.
_Sess._ 11.
46.—Deposition of Mr Iames Aitkin. _Ib._
47.—Admonition to the visitation of Rosse. _Sess._ 12.
48.—Act for laying aside the Commission from the Presbyterie of Orknay.
_Ib._
49.—Order for Generall Major Midleton appearing with certification.
_Ib._
50.—Order for citation of Mr Andro Ramsay and Mr William Colvill.
_Sess._ 13.
51.—Ref. Mr Edward Wright and Mr Andro Keir to their Presbyteries. _Ib._
52.—Ref. Mr George Haliburton and Mr Archibald Drumond to the
visitation of Stirling and Dumblane. _Ib._
53.—Ref. to Commission for publick affaires concerning the providing a
Collegue to the Minister of Air. _Sess._ 14.
54.—Order for citing of witnesses in the matter of Mr Thomas Ramsay,
elder. _Ib._
55.—Reposition of Mr William Cowper to the office of Schoolmaster in
Channerie. _Sess._ 15.
56.—Approbation of the Deposion of Mr Iames Lundie. _Ib._
57.—Act and Ref. concerning Mr Walter Swinton. _Ib._
58.—Ref. concerning Mr Patrick Smith, and approbation of his
suspension. _Ib._
59.—Act and Ref. concerning Mr Iohn Home for farther tryall. _Ib._
60.—Approbation of the suspension concerning Mr Ia. Edger, and Ref.
concerning him. _Ib._
61.—Deposition of Mr Andro Rollock. _Ib._
62.—Ref. Mr William Sinclair to the visitation of Dunce. _Ib._
63.—Ref. concerning Mr William Home. _Ib._
64.—Approbation of the diligence of the visitors of Dunce and
Chirneside. _Ib._
65.—Committee to meet with the Committee of Parliament for considering
and revising the proceedings of the visitation of Saint Andrews. _Ib._
66.—Continuation of the bussines concerning Mr James Durhames
transportation till the morne. _Sess._ 16.
67.—Recom. for incarcerating one delated for witchcraft. _Sess._ 17.
68.—Committee for conference with the Lord Ogilby. _Ib._
69.—Recom. officers come from Ireland. _Ib._
70.—Committee for conference with the Earle of Galloway. _Ib._
71.—Recom. Helene Gordoun to the Parliament. _Ib._
72.—Answer to the Petition given in for the Earles of Dumfermling and
Lauderdaile. _Ib._
73.—Recom. of the relict of umquhile D. Sharpe to the Parliament. _Ib._
74.—Ref. Mr Iohn Logie to the Synod. _Sess._ 18.
75.—Committee for presenting overtures and desires to the Parliament,
concerning the Mosse troopers. _Ib._
76.—Committee for considering Mr Alexander Smiths condition. _Ib._
77.—Ref. Liev. Col. Ker to his Presbyterie. _Ib._
78.—Ref. concerning Pitfoddells younger, Urquhart of Old Craig, and
Thomas Menzies, to the visitation of Angus and Merns. _Ib._
79.—Ref. Sir Iohn Weymes of Bogie to his Presbyterie. _Ib._
80.—Ref. Sir Iohn Mackenzie and Lievtenant Collonel David Weymes to
their Presbyterie. _Ib._
81.—Ref. Thomas Rutherfurd to his Presbyterie. _Ib._
82.—Ref. Liev. Will. Sutherland to his Presbytery. _Ib._
83.—Ref. Andro Wardlaw to the Presbyterie of Kirkcadie. _Ib._
84.—Ref. certaine persons accessory to the late unlawful engagement to
their Presbyteries.
85.—Ref. Augustine Hoseman to the Presbyterie of Edinburgh. _Ib._
86.—Ref. Hary Steuart to the Presb. of Edinb.
87.—Ref. Mrs Edward Wright, Andrew Keir, and Robert Keyth to the
Presbyterie of Lithgow. _Ib._
88.—Ref. Mrs James Guthrie in Angus, Tho. Pearson, and Silvester Jamie
to the visitation of Angus. _Ib._
89.—Ref. Mr George Halyburton and Mr Arch. Drummond to the visitation
of Stirling and Dumblane. _Ib._
90.—Recom. the division of Libberton and Quodqhen to the Presbyterie of
Biggar. _Ib._
91.—Ref. Mr Iohn Crichton to the Presbyterie of Glasgow and Paislay.
_Ib._
92.—Ref. the Laird of Kelhead to his Presbyterie _Sess._ 19.
93.—Ref. the Laird of Innes younger to the Presbeterie of Taine. _Ib._
94.—Commission to the Presbyterie of Kelso for examining Margret Ker.
_Ib._
95.—Recom. to the Parliament of the Petition of the Commissioners of
Argyle. _Sess._ 20.
96.—Act appointing some brethren to assist Iohn Greirson in discussing
his suspension. _Ib._
97.—The Assemblies addition and their judgement concerning the
Petitions which were to have been presented to the last G. Assembly.
_Ib._
98.—Act declaring Mr Alexander Smith to be transportable. _Ib._
99.—Committee for the collectors accompts and Alex. Blairs bill. _Ib._
100.—Act refusing the transportation of Mr Iames Durham to Edinb. _Ib._
101.—Ref. E. of Galloway to his Presbyterie. _Ib._
102.—Ref. Major Alexander Forbes to the Presbyterie of Kincardin. _Ib._
103.—Ref. Col. David Barclay to the Commission for publick affaires.
_Sess._ 21.
104.—Committee for considering the matter concerning the transportation
of Mr Neill Cameron. _Ib._
105.—Report from the Committee of appeales concerning Mr Iohn Hay his
taking up of his appellation. _Ib._
100.—Deposition Mr Alexander Keyth. _Ib._