The Acts Of The General Assemblies of the Church of Scotland Part 32

_Act for joyning of the Presbyteries in_ Orkney _and_ Zetland _to the Provincial of_ Cathnes.

The General a.s.sembly, considering that the Presbyterie of _Kirkwall_ in _Orkney_ and the Presbyterie of _Schalloway_ in _Zetland_ have never met in any Provincial a.s.sembly, where through great abuses and disordres are there committed, Therefore the a.s.sembly hereby joyns the said two Presbyteries to the Provincial of _Cathnes_ and _Suterland_, And appoints all the Ministers and Elders of the said Presbyteries hereafter, to meet at the said Provincial a.s.sembly, and to have place to reason and vote therein as Members of the said Provincial. And suchlike ordains the saids two Presbyteries to be of subordinate Jurisdiction to the said Provincial a.s.sembly, Declaring hereby, that the said Provincial shall consist of the Presbyteries of _Cathnes, Sutherland, Orknay_, and _Zetland_ in all time coming. And appoints them to meet onely once in the yeer, in respect of their great distance and interjection of seas; And that the first meeting be at _Thurso_ in _Cathnes_ upon the third Tuesday of August next, and thereafter as shall be appointed by the said Provinciall a.s.sembly.

_17. Junii 1646. Postmeridiem._ Sess. 14.

_Act concerning Expectants Preaching in Publike._

The General a.s.sembly discharges any Person to preach in publike under the name and notion of an Expectant or under any other pretence whatsoever, except such as shall be tryed and found qualified according to the Acts of the General a.s.sembly; Recommending to Presbyteries and Provincials to take special notice thereof, and to censure the Transgressors accordingly.

_Act for censuring the Complyers with the publike Enemies of this Kirk and Kingdom._

The General a.s.sembly taking to their serious consideration the great and scandalous provocation and grievous defection from the publike Cause, which some have beene guiltie of, by complying with the Rebels the publike Enemies of this Kirk and Kingdom: And judging it a dutie inc.u.mbent to them to bring such notorious Offenders to publike satisfaction, that the Wrath of G.o.d may be averted, and the publike scandal removed; Do therefore Require, Decern, and Ordain, that such as after lawfull tryall shall be found to have been in actuall Rebellion and to have carried charge with the Rebels, To have accepted Commissions for raising Horse or Foot unto them, To have been seducers of others to joyn in that Rebellion, To be the Penners or contrivers of _James Grahames_ Proclamation for indicting a pretended Parliament, or of any other his Proclamations or Declarations, To have beene prime Instruments in causing publish the said Proclamations and Declarations; That all and every one of such offenders shal humbly acknowledge their offence upon their knees, first before the Presbyterie, and thereafter before the Congregation upon a Sabbath, in some place before the Pulpit; And in the mean time that they be suspended from the Lords Supper: And in case they do not satisfie in manner foresaid, that they be processed with Excommunication. And likewise Ordains; that such as shall be found to have procured Protections from the Rebels, To have execute their orders, To have invited them to their houses, To have given them intelligence, To have drunk _James Grahames_ health or to be guilty of any other such grose degrees of complyance, shall acknowledge their offences publikely before the Congregation, and be suspended from the Communion, and while they doe the same. And further Decernes and Ordains, that all persons in any Ecclesiastick office guilty of any degrees of complyance before mentioned, shall be suspended from their office & all exercise thereof, for such time as the quality of the offence and condition of the offenders shall be found to deserve; And the a.s.sembly hereby declares than Presbyteries have a lat.i.tude and liberty to agreadge the censures above specified, according to the degrees and circ.u.mstances of the offences; And gives in like maner the same lat.i.tude and liberty to the Commissioners of this a.s.sembly for publike affairs, who have also power to try and censure the offenders in manner above exprest, and to take account of the diligence of Presbyteries thereintill.

_Act concerning_ James Grahams _Proclamation._

The General a.s.sembly having considered a copie of a Proclamation published by order of that excommunicat Traitor _James Graham_, for indicting of a pretended Parliament, and finding the same to be full of Blasphemies against the solemn League and Covenant of the three Kingdoms, and of vile aspersions of Treason, Rebellion, and Sedition most falsly and impudently imputed to the Estates, and most faithfull and loyall Subjects of this Kingdome: Doe therfore declare, That such as have bin prim Instruments of the publishing of that or the Proclamation and Declaration, deserve the highest censures of the Kirks, unlesse they make humble confession of their offence publickely, in such manner as is prescribed by this a.s.sembly; And humbly Recommends to the Committee of Estates to take some course for their exemplary civill punishment, and that some publike note of ignominie be put upon that Proclamation as their Honors shall think meet.

_18. Junii 1646. Antermeridiem._ Sess. Ult.

_Act against loosing of Ships and Barks upon the Lords Day._

The Generall a.s.sembly understanding how much the Lords day is profaned by Skippers and other Seafaring men, Do therefore discharge and inhibite all Skippers and Sailers to begin any voyage on the Lords day, or to loose any Ships, Barks or Boats out of Harbery or Road upon that day, And who shall do in the contrary hereof, shall be censured as profaners of the Sabbath: Recommending to Presbyteries and others whom it may concerne to see both of the Acts of a.s.sembly and Parliament made for censuring and punishing profanation of the Lords day, to be put in execution against them.

_Act anent Children sent without the Kingdom._

Whereas divers Children have been sent without the Kingdom to be bred abrord, and have been or in time coming may be exposed to the temptations of seducers, and drawn away from the Trueth established and professed within this Church to errour of Poperie, or other Sects and Heresies: Therefore the a.s.sembly Ordains, that the Parents or Friends of Children and Minors, shall before they send them without the Kingdom, first acquaint the Presbytery where they reside, that they may have their Testimoniall directed to the Presbytery or Cla.s.se within the Kingdom of _France_, or _England_, or _Ireland_, and at the time of these Childrens return from any of the saids Kingdoms, to report ane Testimoniall from the Presbytery or Synode where they lived without the Kingdom of their breeding there (and to shew the same to the Presbytery within the Kingdom who gave them a Testimoniall at their way going). Likeas the a.s.sembly Ordains all Presbyteries to try if any Children have been sent to Popish Schooles or Colledges Without the Kingdom; And if any be found, that their names be given to the Presbytery or Commissioners of the a.s.sembly, that the same may be presented to the Honourable Lords of Secret Councell, or Committee of Estates, that their Lordships may be humbly desired by their authority to recal them, that after return to this Kingdom course may be taken according to the former Ordinances of Generall a.s.semblies, for their breeding in the true Religion.

_Overtures presented to the a.s.sembly._

That correspondence be keeped among Presbyteries constantly by letter without prejudice of personall correspondence when need requires, whereby one Presbyterie may understand what many are doing, and they may be mutually a.s.sisting each to other.

II. That for the better breeding of young men to the Ministerie who are not able to furnish themselves in charges to attend in the Universities, that the Presbyteries where they reside appoint some to direct their studies.

III. That it be recommended to all the Universities to condiscend upon the best Overtures for the most profitable teaching of Grammar and Phylosophy, and as they may meet at the Commission of the Generall a.s.sembly to make the matter ripe for the next a.s.sembly.

_The a.s.sembly approves these Overtures, and recommends accordingly._

IV. That to the intent the knowlege of G.o.d in Christ may be spread through the Highlands and Islands (for in lack whereof the land hath smarted in the late troubles) these courses be taken: 1. Let an order be procured, that all Gentlemen who are able, at least send their eldest sons to be bred in the Inland. 2. That a Ministerie be planted amongst them, and for that effect that Ministers and expectants who can speak the Irish language be sen to imploy their talents in these parts, and that the Kirks there be provided as other Kirks in this Kingdome. 3. That Scots Schools be erected in all Parishes there, according to the Act of Parliament, where conveniently they can be had. 4. That Ministers and ruling Elders that have the Irish language be appointed to visit these parts.

_The a.s.sembly approves this Overture, and recommends this purpose to further consideration, that more Overtures may be prepared thereanent against the next a.s.sembly._

V. That for keeping the Universities pure, and provoking the Professors of Divinitie to great diligence, each Professor in the Universities of this Church and Kingdom, bring with him or send with the Commissioner who comes to the General a.s.sembly, ane perfit and well written copie of his Dictates, to be revised by the General a.s.sembly, or such as they shall appoint for that work ilk year.

_The a.s.sembly continues the determination of a constant and perpetuall order herein untill the next a.s.sembly, but in the mean time desires the professors of Divinity to present to the next a.s.sembly their Dictates of Divinity whereof the professors present are to give intimation to the professors absent._

VI. The great burdens Intrants undergoes when they enter the Ministery, which holds many of them long at under, would crave the a.s.semblies judgement and authority, that Ministers Manses and Stipends may be all made free to the Intrant.

_The a.s.sembly refers and recommends to the Commissioners for publike affairs to seek redresse in this matter from the Honorable Houses of Parliament, and to consider of some fitting Overtures to be presented to their Honours for that effect._

_Renovation of the Commission for the publike affairs of the Kirk._

The Generall a.s.sembly taking to their consideration that in respect the great work of Uniformity in Religion in all his Majesties Dominions is not yet perfited, (though by the Lords blessing there is a good progresse made in the same) there is a necessity of renewing the Commissions granted formerly for prosecuting and perfiting that great work, doe therefore renew the power and Commission granted for the publike affairs of the Kirk by the Generall a.s.semblies held in _S. Andrews_ in the year 1642. and in _Edinburgh_ 1643. 1644. and 1645. unto the persons following, _viz._ Masters _Alexander Henderson, Robert Douglas, Willliam Colvil, William Bennet, George Gillespie, John Oswald, John Adamson, William Dalgleish, David Calderwood, James Fleeming, Robert Ker, John Dalyell, James Wright, __ John Knox, Adam Penman, Robert Lightoun, Alexander d.i.c.keson, Patrick Fleeming, John Hay, Richard d.i.c.keson, Thomas Va.s.se, David Drummund, Alexander Somervill, Robert Eliot, Robert Blair, James Bruce, Robert Traile, Samuel Rutherfurd, Alexander Colvall, Walter Greg, Alexander Balfour, George Thomson, John Mencreiff, John Smith, Patrick Gillespie, John Duncan, James Sibbald, Alexander Ca.s.se, John Hume, Alexander Kinneir, Walter Swintoun, Robert Knox, William Penan, James Guthrie, Thomas Donaldson, William Jameton, Thomas Wilkie, John Knox, Robert Murray, John Freebairn, Robert Wright, David Auchterlonie, William Maior, Samuel Justein, John Leirmont, Andrew Lauder, James Irving, Alexander Turnbull, James Bonar, William Adair, John Neve, Patrik Colvil, Matthew Birsbane, John Hamiltoun, Allan Ferguson, Robert Ramsay, Geo. Young, David d.i.c.kson, Robert Bailie, James Nasmith, John Lindsay, John Weir, Evan Cameron, James Affleck, John Robison, Andrew Eliot, Silvester Lambie, Lawrence Skinner, William Rate, David Campbel, Andrew Cant, William Douglas, David Lindsay, Gilbert Anderson, Alexander Garrioch, William Jaffray, Thomas Caw, William Campbell, Walte Stewart_ Ministers; And _Archibald_ Marquesse of Argle, _John_ Eearle of Crawfurd-Lindsay, _William_ Earle Marshall, _William_ Earle of Glencairn, _John_ Earle of Ca.s.sils, _Charles_ Earle of Dumfermling, _James_ Earle of Tullibardine, _Francis_ Earle of Bacleugh, _John_ Earle of Lauderdale, _William_ Earle of Lothian, _William_ Earle of Lanerk, _Archibald_ Lord Angus, _John_ Lord Balmerino, _Robert_ Lord Burleigh, _John_ Master of Yesteir, Sir _Patrick Hepburn_ of Waughtoun, Sir _John Hope_ of Craighall, Sir _Archibald Johnston_ of Wariston, Sir _David Hume_ of Wedderburn, Sir _Robert Innes_ of that ilk, Sir _William Baily_ of Lemington, Sir _John Muncreiffe_ of that ilk, _James Macdougal_ of Garthland, _Patrick c.o.c.kburn_ of Clarkington, Sir _Hugh Campbel_ of Cesnock, Sir _William Cunningham_ of Cunninghamhead, _John Hume_ of Blackader, Sir _James Dundas_ of Arniston, _Alex Forbes_ Tutor of Pitsligo, _Mr Geo. Winrham_ of Libberton, _David Weemes_ of Fingask, Mr _Francis Hay_ of Balhousie, _Alex. Brodie_ of that ilk, _Mr Alex. Colvill_ of Blair, _Geo. Dundas_ of Dudiston, _William Moor_ of Glanderston, Sir _James Nicolson_ of Colbrandspaith, _John Edgar_ of Wedderlie, _William Hume_ of Lenthill, _James Ruchhead, Laurence Henderson_ and _James Stuart_ Bailes of Edinburgh, _George Porterfield_ Provest of Glasgow, _Wil. Hume_ there, _Ro. Arnot_ Provest of Perth, _John Semple_ Provest of Dumbarton, _John Kennedie_ Provest of Air, _Mr David Weems, Geo. Gardine, John Johnstoun, Tho. Paterson, Tho. White, John Sleigh_ Elders. Giving unto them full power and Commission To do all and every thing 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 preceding a.s.semblies thereanent. And to that effect appoints them, or any seventeen of them, whereof thirteen shall be Ministers, To meet at Edinburgh the 19 of this Moneth, and thereafter upon the second Wednesdais of August, November, Februar and May next to come, and upon any other day and in any other place they shall think meet. And further, renews to the persons before named, the power contained in the Act of the said a.s.sembly 1643. Int.i.tuled, _A reference to the Commission anent the persons designed to repair to the Kingdom of_ England; As also the power contained in two several Acts of the said a.s.sembly 1644. Sess. 6 made _against secret disaffecters of the Covenant_, and _for sending Ministers to the Armie_, with full power to them to treat and determine in the matter aforesaid, and in all others matters referred unto them by this a.s.sembly, as fully and freely as if the same were here particularly expressed, and with as ample power as any Commission of former General a.s.semblies hath had, or been in use of before; They being alwayes for their whole proceedings comptable to, and censurable by the next Generall a.s.sembly.

_Renovation of the Commission for prosecuting the Treaty for Uniformity in_ England.

The Generall a.s.sembly, Taking to their consideration that the Treatie of Uniformity in Religion in all His Majesties Dominions is not yet perfected, Therefore renews the power & Commission granted by preceding a.s.semblies for prosecuting that Treatie, unto these persons after named, _viz._ Mr. _Alexander Henderson_, Mr. _Robert Douglas_, Mr. _Samuel Rutherfurd_, Mr. _Robert Bailie_, Mr. _Geo. Gillespie_ Ministers; And _John_ Earle of Lauderdale, _John_ Lord Balmerino, and Sir _Archibald Johnston_ of Wariston Elders; Authorising them with full power to prosecute the said Treatie of Uniformity with the Honourable Houses of the Parliament of _England_, and the Reverend a.s.sembly of Divines there, or any Committees appointed by them: And to do all and every thing which may advance, perfect and bring that Treatie to an happy conclusion, conform to the former Commissions given thereanent.

The a.s.semblies Answer To The Kings Maiestie.