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The Acts Of The General Assemblies of the Church of Scotland Part 45

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_Directorie for Election of Ministers._

When any Place of the Ministrie in a congregation is vacant, it is Inc.u.mbent to the Presbyterie with all diligence to send one of their number to Preach to that Congregation who in his doctrine is to represent to them the necessitie of providing the place with a qualified pastor, and to exhort them to fervent prayer and supplication to the Lord that he would send them a Pastor according to his own heart: As also he is to signifie that the Presbyterie out of their care of that Flock will send unto them Preachers, whom they may hear, and if they have a desire to hear any other, they will endeavour to procure them an hearing of that person or persones upon the sute of the Elders to the Presbyterie.

2. Within some competent time thereafter, the Presbyterie is again to send one or more of their number to the said vacant Congregation, on a certain day appoynted before for that effect, who are to conveen and hear sermon the foresaid day, which being ended, and intimation being made by the Minister, that they are to goe about the Election of a pastor for that Congregation, the Session of the Congregation shall meet and proceed to the Election, the action being moderated by him that Preached, And if the people shall upon the intimation of the Person agreed upon by the Session acquiesce and consent to the said person, Then the matter being reported to the Presbyterie by Commissioners sent from the session, they are to proceed to the triall of the person thus Elected, And finding him qualified, to admit him to the Ministry in the said Congregation.

3. But if it happen that the Major part of the Congregation dissent from the person agreed upon by the Session, In that case the matter shall be brought unto the Presbyterie, who shall Judge of the same; And if they doe not find their Dissent to be grounded on Causlesse prejudices, they are to appoynt a new Election in manner above specified.

4. But if a lesser party of the Session or Congregation shew their dissent from the Election without exceptions relevant and verified to the Presbyterie, Notwithstanding thereof the Presbyterie shall go on to the trials and ordination of the person elected; Yet all possible diligence and tendernesse must be used to bring all parties to an harmonious agreement.

5. It is to be understood that no person under the Censure of the Kirk because of any scandalous offence is to be admitted to have hand in the election of a Minister.

6. Where the Congregation is disaffected and Malignant, in that case the Presbyterie is to provide them with a Minister.

_6. August, 1649. Antemeridiem,_ Sess. Ult.

_A Brotherly Exhortation from the General a.s.sembly of the Church of_ Scotland, _to their Brethren in_ England.

The many and great obligations which lie upon us in reference to our Brethren in _England_, who hold fast their integrity, and adhere to the Solemn League and Covenant, together with the desire which we have to rectifie our Sympathie with them in their afflictions, and to preserve so far as in us lieth that fellowship and correspondence that hath been entertained betwixt the Church of _Scotland_ and _England_ these years past, do call upon us and constrain us not to be silent in this day of their trouble and distress.

Albeit the Lord (who hath his fire in Zion, and his furnace in Ierusalem) hath now for a long time past, afflicted these Kingdoms with many & sharp rods, and that his wrath seems not yet to be turned away, but his hand stretched out still; yet in all this, it becomes us who live in these lands to stop our mouthes, neither can any impute iniquity to the most High.

It is rather a wonder, that any mercy should be continued, and that _England_ and _Scotland_ are not cut off from being Nations, seeing the back-slidings and provocations of both has been so many and so grosse, Although the Solemn League and Covenant was sworne and subscribed by both, yet have many in both despised the Oath of G.o.d, as appears by the late unlawfull Engagement against the Kingdom of _England_, contrived and carried on by a prevailing party of Malignants in this Land, and by the proceedings of the Sectaries in _England_, in reference to Religion and Government.

We shall not insist upon what hath been the condition and carriage of the Lords People in this Land in reference to the late unlawfull Engagement: As we desire to magnifie the power and loveing kindenesse of the Lord, who enabled all the Judicatures of this Church, and a considerable part of the Parliament, and the body of the Land, to dissent from, and bear Testimony against the same, which made the House of Commons in their Letter directed to the last Generall a.s.sembly or their Commissioners, to declare, that that Engagement could not be looked on as a Nationall breach, So we look upon it as a wonder of his Wisdom and Mercy, that he hath disposed and directed the same for the furtherance of his Work in our hand, and purging his House amongst us. All this cometh forth from the Lord of Hosts, who is wonderfull in Counsel and Excellent in Working. Neither was it the least part of the lords goodnesse to us, in that day of our strait that we were led in a plain path, and kept from complyance with Sectaries on the one hand, no less then with Malignants on the other. We have obtained this mercy to be steadfast to our old principles, in bearing free and faithfull Testimony against their proceedings, both in reference to Toleration and Government, and the taking away of the Kings life.

And as the danger and judgement which threatens the Authors and Abettors of these things, doth affect our Spirits with horrour, and maketh us desire that it may be given to them of G.o.d to repent: So we should conceive our selves void of Christian affection and compa.s.sion toward those in _England_, who suffer for the truth and Cause of G.o.d, if we were not very sensible of all their present troubles and calamities. It is no small grief to us, that the Gospel and Government of _Jesus Christ_ are so despised in that Land that faithfull Preachers are persecuted and cryed down, that Toleration is established by pretext of Law, and maintained Military power, and that the Covenant is abolished and buried in oblivion.

All which proceedings, cannot but be looked upon as directly contrary to the Oath of G.o.d lying upon us, and therefore cannot eschew his Wrath when he shall come in Judgement, _to be a swift witnesse against those that swear falsly by his Name._

These things are the more grievous to us, because (beside many other wofull evils brought forth by them) they have interrupted the building of the Lords House in _England_; the foundation whereof was laid by Oath and Covenant with the most High G.o.d, and followed for some years with many Declarations and Protestations of Faithfull adhering thereto, and with great expense of blood and Treasure: Which things were to all the G.o.dly in these Nations a branch of hope, that the Lord would bring to perfection the Work of Uniformity (so far advanced in all the parts thereof) in these three Kingdoms.

But the great obstructions and sad interruptions that have been made therein, by the strange and unexpected practises of many now in place and power in _England_, are to all the welaffected in both Kingdoms, and in all the Churches abroad, the mater of their sorrow and humiliation. And if there be any place left for admonition, we Warn such as have forgotten the Covenant, and despised the Oath of G.o.d, and turned aside to lies and errour, to consider whence they are fallen, and to repent. Prosperity and success for a time are no warrantable evidences of a good Cause, nor sufficient guards against the wrath of G.o.d; It is no good use of the Lords mercy for such men under pretext of Liberty to make both themselves and others slaves to corruption, and to make all men both in Church and State like the fishes of the Sea, or the creeping things that have no ruler over them. Are these things according to the Word of G.o.d, and the pattern of the best Reformed Churches? Or is that the endeavour to bring the three Kingdoms to the nearest uniformity that may be in Doctrine, Worship, Government, and Discipline; Or is that the maintaining of the union betwixt the three Kingdomes, when the straitest bond thereof is utterly dissolved and quite taken away, and the fundamentall Government by King and Parliament wholly overturned; The just G.o.d who is of pure eyes beholds these things, and shall with no lesse fury and indignation break the horn of these men, then he hath broken the power, and brought down the pride of Malignants before them, if repentance prevent not.

Amidst these sors and griefes it is unto us matter of rejoycing, that there be many in _England_ who mourn for all these abominations, and labour to keep their garments pure by refusing to comply with that course of backsliding, and by bearing testimony against the same. And we hope the expectation of such, shall not be disappointed, but that the Lord will open to them a doore for carrying on of his work, and making the lying spirit to pa.s.se out of that land.

And albeit many think no otherwise of the Covenant and work of Reformation, then as a mean to further their own ends; yet we are confident, that none who holds fast their integrity, have so learned Christ, but are carefull to make conscience of the oath of G.o.d lying on them; And we are sure (whatever be the base thoughts and expressions of backsliders from the Covenant) it wants not many to own it in those Kingdomes, who (being called thereto) would seale the same with their blood.

Although there were none in the one Kingdome who did adhere to the Covenant, yet thereby were not the other Kingdom nor any person in either of them absolved from the bond thereof, since in it we have not only sworne by the Lord, but also covenanted with him. It is not the failing of one or more that can absolve others from their duty or tye to him; Besides, the duties therein contained, being in themselves lawfull, and the grounds of our tye thereunto moral, though others do forget their duty, yet doth not their defection free us from that obligation which lyes upon us by the Covenant in our places and stations. And the Covenant being intended and entred into by these Kingdoms, as one of the best means of stedfastnesse, for guarding against declining times; It were strange to say that the back-sliding of any should absolve others from the tye thereof, especially seeing our engagement therein is not only nationall, but also personall, every one with uplifted hands swearing by himselfe, as it is evident by the tennor of the Covenant.

From these and other important reasons, it may appear that all these Kingdomes joyning together to abolish that oath by law, yet could they not dispense therewith; Much lesse can any one of them, or any part in either of them doe the same. The dispensing with oathes hath hitherto been abhorred as Antichristian, and never practised and avowed by any, but by that man of sin; therefore those who take the same upon them, as they joyn with him in his sin, so must they expect to partake of his plagues.

As we shall ever (G.o.d willing) be mindfull of our duty to the faithfull that adhere to the Covenant in _England_, having them alwayes in our hearts before the Lord, so we desire to be refreshed with their singlesse and boldnesse in the cause of G.o.d, according to their places. This is the time of their triall, and the houre of tentation among them; blessed shall they be who shall be found following the Lamb, and shall not be ashamed of his testimony. We know in such dark houres, many are drawne away with the mult.i.tude, whom the Lord will again purge and make white; And we doubt not but many such are in _England_, whom the bold clear preaching of Christ may reclaim; Much therefore lieth upon the Watch-men all this time, that their Trumpet may give a certain and distinct sound, warning and exhorting every one, as those that must give account; And blessed shall those servants be, who shall be found faithfull in their Lords house, distributing to his houshold what is meet for this season, and can say they are free of the blood of all men, having shewen them the whole Counsell of G.o.d, being in nothing terrified of the threats of their adversaries; And blessed & happy shall that people be, that walk in the light holden forth by them, and staye upon the Lord in this dark time, harkning to the voyce of his servants, & walking in the light of his word & not in the sparks of their owne kindlings, which will end in sorrow. How inexcusable will _England_ be, having so foulie revolted against so many faire testimionies, which the Lord Christ hath entred as Protestations to preserve his right, in these ends of the earth long since given unto him for his possession, and of late confirmed by Solemne Covenant. Christs right to these Kingdomes is surer then that he should be pleaded out of it by pretended liberty of Conscience, and his begun possession is more precious to him, then to be satisfied with a dishonourable toleration. All that yet we have seen, doth not weaken our confidence of the Lords glorifying the house of his glory in these lands, and of his sonnes taking unto him his great power, and reigning in the beauty and power of his Ordinances in this Island. His name is wonderfull, and so also are his workes, we ought not therefore to square them according to our line, but leave them to him, who hath the government laid upon his shoulder, all whose wayes are judgement, & whose ruling these Kingdoms had never yet reason to decline. It is good for us to be stedfast in our duty, and therein quietly to wait and hope for the salvation of G.o.d. The word of promise is sure, (and hath an appointed time) that he that will come shall come and will not tarry. There is none hath cause to distrust the Lords word to his people; It hath often to our experience been tryed in the fire, and hath ever come forth with a more glorious l.u.s.tre. Let not therefore these that suffer in _England_ cast away their confidence, they are not the first who have needed patience after that they had done the Lords will. But let them strengthen the weak hands, and confirm the feeble knees, and say to the fearfull in heart, be strong, fear not, behold your G.o.d will come with vengeance, even G.o.d with a recompence, he will come and save you. Now the just shall live by faith, whereas these that draw back, or become lukewarm in the Lords work, his soul shall abhorre them, and he shall spue them out of his mouth, But we perswade our selves of better things of these our brethren in _England_, and prayeth that the G.o.d of Peace who brought again from the dead our Lord Jesus, that great Shepheard of the sheep, through the blood of the everlasting Covenant, may make them perfect in every good work to doe his will, working in them that which is well pleasing in his fight through Jesus Christ, to whom be Glory for ever. AMEN.

_Act for a Collection for entertaining Highland Boyes at Schooles._

The Generall a.s.sembly Considering that the contribution of fourty shillings for entertaining of Highland boyes at Schools, in respect of the penury and great indigence of those parts hath not taken the intended effect. Therefore in respect of the necessity and profitablenesse of so pious a work The a.s.sembly in lieu of the said fourty shillings Do Appoint and Ordain that there be an extraordinary Collection at the Kirk doors for that use one Sabbath in the year: And to that effect, that a certain Sabbath yearly be appointed and designed whereupon that collection shall be gathered, intimation being made by the Minister the Sabbath before to prepare for such a collection, and the necessity and usefulnesse thereof being laid out to the people for that end. And if the collection in any little private Congregation shall be lesse then fourty shillings, The Session shall make up what wants of fourty shillings; And where the collection is more, it is hereby specially inhibited and discharged that any part thereof be retained or interverted to any other use whatsomever; and these Collections shall be sent to the persons formerly appointed to receive the fourty shillings, that they may see the right distribution and employment thereof; Recommending the Presbyteries see this punctually performed. And accompt thereof shall be craved at Synods and Generall a.s.semblies. It is alwayes to be remembred that the Congregations exeemed from the fourty shillings are also exeemed from this Collection.

_Commission for a conference of Ministers, Lawyers and Physitians, Concerning the tryal and punishment of Witch-craft, Charming and Consulting._

The Generall a.s.sembly Taking to their serious consideration the growth of the sins of Witchcraft, Charming and Consulting, notwithstanding the frequent Recommendations for restraining thereof; And remembring that the Generall a.s.sembly 1647. did propose a good way for the tryal 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 a.s.sembly doth appoint Masters, _Robert Dowglas, Robert Blair, Mungo Law, James Hammilton, John Smith, Robert Traill, George Leslie, John Hamilton, Iohn Duncan, Samuel Rutherfoord, James Wood, Iohn Leviston, Iames Guthrie, Andro Cant, David Calderwood, Iohn Moncreiff, Frederick Carmichael, Iames Durhame, Patrick Gillespie, Robert Ker, Ephraim Melvil_, Ministers, To consider seriously of that matter, and to consult and advise therein amongst themselves, As also with Sir _Archibald Iohnston_ of _Wariston_, Clerk Register, Mr _Thomas Nicolson_ his Majesties Advocate, Mr _Alexander Peirson_, one of the ordinary Lords of Session, Sir _Lewes Stewart_, Mr _Alexander Colvil_, and Mr _Iames Robertson_ Iustice Deputes, Masters _Rodger Mowit, John Gilmoir_, and _Iohn Nisbet_, Laweers; and with Doctors _Sibbald, Cunninghame_, and _Purves_, Physitians severally or together as occasion shall offer; And the a.s.sembly earnestly requests & confidently expects from their learned and Iudicious Lawyres 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 affaires, And the said Commission shall make report to the next Generall a.s.sembly.

_Recommendation for maintenance for Schoolmasters and Precenters._

The Generall a.s.sembly do 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 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, to be drawn away from the Church.

_Acts concerning Persons to be admitted Bursars._

The a.s.sembly doe hereby Ordaine That none be sent to Universities from Presbyteries, nor be admitted as Bursers 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 the emitting the same for publicke use._

The General a.s.sembly having taken some view of the new Paraphrase of the Psalmes in meeter with the corrections and animadversions thereupon sent from several Persons and Presbyteries, and finding that they cannot overtake the review and examination of the whole in this a.s.sembly; 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 a.s.sembly, _viz._ Masters _James Hammilton, Iohn Smith, Hew Mackall, Robert Traill, George Hutcheson_, and _Robert Lawrie_, after the dissolving of this a.s.sembly to goe on in that worke carefully, And to report their travels to the Commission of the Generall a.s.sembly for publick affaires at ther meeting at _Edinburgh_ in _November_; And the said Commission after perusall and re-examination thereof, is hereby authorised 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 a.s.sembly, 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 G.o.d, your owne honour 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 a.s.sembly 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 a.s.semblyes, 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 royall 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 G.o.d, and cause of our Lord Jesus Christ, for which wee doe more heartily solicit 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: Particalarly, Your refusing to give satisfaction to the just and necessary desires of the people of G.o.d, 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 G.o.d, by whom Kings doe raigne, and to refuse that he 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 never had the glory of G.o.d, 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 G.o.d, 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.

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