The Acts Of The General Assemblies of the Church of Scotland Part 29

_Act against Lykwakes._

Whereas the corrupt Custome of Lykwakes hath fostered both Superst.i.tion and Profanitie through the Land, This present a.s.sembly Discharges the same intime comming, And appoints Presbyteries To take speciall care for trying and censuring the Transgressors of this Act within their several Bounds.

_Act recommending to Sessions To have the Printed Acts of a.s.semblie._

The General a.s.sembly, considering how necessar it is, That every Session in a Parish have the Acts of the a.s.sembly for their use, Doth therefore seriously recommend to every Parish and Session To buy the Printed Acts of the a.s.sembly; and Ordains Presbyteries To crave account hereof from every Minister, before their going to Provinciall a.s.semblies: And likewise, That every Provinciall a.s.sembly, crave account from Presbyteries in their trials, if every Session be so provided, and that they try the diligence, of Presbyteries and Ministers used for that effect.

13. _Februar. 1645. Postmeridiem._ Sess. Ult.

_Act for censuring the Observers of Yule-day, and other superst.i.tious dayes, especially if they be Schollars._

The General a.s.sembly taking to their consideration, The manifold Abuses, Profanitie, and Superst.i.tions, committed on Yule-day and some other superst.i.tions dayes following, Have unanimously concluded, and hereby Ordains, That whatsoever Person or Persons hereafter shall be found guilty in keeping of the foresaid superst.i.tious dayes, shall be proceeded against by Kirk Censures, and shall make their publick Repentance therefore in the face of the Congregation where the offence is committed: And that Presbyteries and Provinciall Synods Take particular notice how Ministers try and censure Delinquents of this kinde, within the severall Parochines.

And because Schollars and Students give great scandal and offence in this, That they (being found guilty) be severely disciplined and chastised therefore by their Masters: And in case the Masters of Schools or Colledges be accessorie to the said superst.i.tious profanitie, by their connivence, granting of liberty of Vacance to their Schollars at that time, or any time thereafter, in compensation thereof, That the Masters be summoned by the Ministers of the Place to compeir before the next ensuing Generall a.s.sembly, there to be censured according to their trespa.s.se; And if Schollars (being guilty) refuse to subject themselves to Correction, or be Fugitives from Discipline, That they be not received in any other Schoole or Colledge within the Kingdom.

_Act for encouragement of Schollars to Professions in Schooles._

In respect of the paucitie of men, fit and willing to professe Divinitie in the Schooles, by reason that few frame their studies that way, The Generall a.s.sembly thinks it fit, That the Provincials diligently consider and try who within their Bounds most probably may bee for a Profession in the Schooles, And report their names to the following Generall a.s.sembly, that such may be stirred up and encouraged by the General a.s.sembly, to compose and frame their studies, that they may be fit for such places.

_Act for restraining Abuses at Pennie Brydals._

The Generall a.s.sembly, considering the great profanitie and severall Abuses which usually fal forth at Pennie-Brydals proving fruitful Seminaries of all lasciviousnesse and debausherie, as well by the excessive number of people conveened thereto, as by the extortion of them therein, and licentiousnesse thereat, To the great dishonour of G.o.d, the scandall of our Christian Profession, and prejudice of the Countreys welfare; Therefore they Ordain every Presbyterie in this Kingdome, To take such special care for restraining these Abuses flowing from the causes foresaid, as they shall think fit in their severall bounds _respective_: And to take a strict accompt of every Minister and Session of their obedience to the Ordinance of the Presbyteria theyeanent, at the Visitation of every Parish Kirk in their Bounds.

_Act Discharging deposed Ministers to be reponed to their former Places._

The Generall a.s.sembly, considering the manifold prejudices redounding to the Kirk in Generall, and private Congregations in particnlar; through the restoring of Ministers once deposed to the same places wherein formerly they served: As also, how derogatorie it would prove to the weight of that sentence of Deposition; Do therefore ordain, that no Minister deposed, shall be restored again into that place where formerly he served.

_Renovation of the Commission for the publick Affairs of the Kirk._

The General a.s.sembly taking to their consideration, That in respect the great Work of Uniformitie in Religion in all his Majesties dominions, is not yet perfected, (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 perfecting that great Work; Doe therefore Renew the Power and Commission granted for the publick Affairs of the Kirk by the Generall a.s.sembly, held in S. Andrews in the year 1642. upon the fifth day of August _post meridiem_, Sess, 12. And by the Generall a.s.sembly held in Edinburgh in the year 1643 upon the 19. day of August, Sess. _ult._ And by the late Generall a.s.sembly held at Edinburgh in the year 1644. upon the third of June, Sess. 6. to the Persons afternamed, _viz. Mr Andrew Ramsay, Mr Alexan. Henderson, Mr Robert Douglas, Mr William Colvil, Mr William Bennet, Mr George Gillespie, Mr John Oswald, Mr Mungo Law, Mr Robert Lawrie, __ Mr John Adamson, D. John Sharp, Mr George Leslie, Mr Andrew Fairfowle, Mr David Calderwood, Mr Andrew Blackhall, Mr James Fleeming, Mr Robert Ker, Mr John Macghie, Mr John Dalyell, Mr Andrew Stevenson, Mr Robert Lander, Mr James Robertson, Mr Patrick Sibbald, Mr Robert Carson, Mr Alex. Spittall, Mr Alex. d.i.c.kison, Mr James Smith, Mr John Gibbison, Mr James Symton, Mr Ephraim Melvill, Mr Alex. Somervell, Mr Robert Eliot, Mr George Bennet, Mr Robert Blair, Mr David Forret, Mr Arthur Mortoun, Mr Samuel Rutherfurd, D. Alex. Colvill, Mr Andrew Bennet, Mr James Wedderburn, Mr Walter Greg, Mr John Moncreiff, Mr John Smith, Mr Frederick Carmichaell, Mr Patrick Gillespie, Mr John Duncan, Mr James Sibbald, Mr Robert Bruce, Mr John Hume at Eccles, Mr Mungo Dalyell, Mr Alex. Kinneir, Mr Thomas Ramsay, Mr William Turnbull, Mr James Guthrie, Mr Thomas Donaldson, Mr William Jameson, Mr David Fletcher, Mr Andrew Dunkison, Mr Robert Murray, Mr David Weemes, Mr John Hall, Mr John Freebairn, Mr David Drummond at Creist, Mr George Murray, Mr Henry Guthrie, Mr Robert Wright, Mr Andrew Jaffray, Mr Bernard Sanderson, Mr Alex. Iran, Mr Thomas Chalmers, Mr Andrew Lawder, Mr Hugh Henderson, Mr John Levingstoun, Mr James Blair, Mr James Bonar, Mr John Burne, Mr John Bell, Mr Hugh Mackale, Mr Matthew Birsbane, Mr David Elphingstoun, Mr David d.i.c.kson, Mr George Young, D. John Strang, Mr Robert Baillie, Mr Patrick Sharp, Mr Robert Birnie, Mr Evan Camron, Mr George Symmer at Megle, Mr Andrew Fleck, Mr Patrick Lyon, Mr John Lindsay, Mr Sylvester Lammie, Mr George Fogo, Mr David Strachan, Mr Andrew Cant, Mr William More, Mr William Davidson, Mr John Paterson, Mr William Jaffray, Mr Thomas Mitch.e.l.l, Mr George c.u.mmin, Mr Joseph Brodie, Mr William Lawder, Mr David Rosse, Mr Ferquhard Mackleman,_ Ministers; And _Archbald_ Marquesse of Argyle, _John_ Earle of Crawfurd-Lindsay, _Alexander_ Earle of Eglintoun, _William_ Earle of Glencarne, _John_ Earle of Ca.s.sils, _Charles_ Earle of Dumfermling, _James_ Earle of Tullibarein, _John_ Earle of Lauderdale, _James_ Earle of Annandale, _William_ Earle of Lothian, _James_ Earle of Queenesberry, _William_ Earle of Dalhousie, _William_ Earle of Lanerick, _Archbald_ Lord Angus, Vicount of Arbuthnet, _James_ Vicount of Frendraught, _Alexander_ Lord Carleys, _James_ Lord Johnstoun, _John_ Lord Yester, _John_ Lord Balmerino, _Alexander_ Lord Balcarras, _John_ Lord Loure, _John_ Lord Barganie, Sir _Patrick Hepburn_ of Wauchtoun, Sir _John Hope_ of Craighall, Sir _Archbald Johnstoun_ of Waristoun, Sir _David Hume_ of Wedderburn, Sir _Frederick Lyon_ of Brigtoun, Sir _Alexander Areskine_ of Dun, Sir _Alexander Fraser_ of Phillorth, _Sir William Baillie_ of Lammingroun, _Hadding_ of Glennegies, Sir _Thomas Ruthven_ of Freeland, _James Macdougall_ of Garthland, Sir _Alexander Murray_ of Blackbarronie, _William Drummond_ of Rickartoun, Sir _William Scot_ of Hardin, Sir _Andrew Ker_ of Greenhead, Sir _William Stuart_, Sir _Alexander Schaw_ of Sauchie, _Alexander Brodie_ of that Ilk, Mr _George Hume_ of Kimmerjame, Sir _John Smith_, Mr _Alexander Colvill_ Justice Depute, _John Binnie_, _Archbald Sydsers_, _Laurence Henderson_, _James Stuart Gilbert Sommernell_, _John Semple,_ Mr _Robert Barclay, Patrick Leslie_, _James Law_, Mr _Robert Cuninghame_, _George Gardin_, _William Glendunning_ Elders. And for discharging the said Commission, Appoints the persons aforesaid, or any ninteene of them, whereof fifteen shall be Ministers, to meet at Edinburgh upon the 14. of this moneth of February and upon the second Wednesday of May, August, November, and of February next to come, and upon any other day, or in any other Place they shall think meet. 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 an happy conclusion, conforme to the former Commissions granted by the saids a.s.semblies thereanent: And further, Renewes to the Persons afore-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 late a.s.sembly 1644. Sess. 16. made _Against secret dis-affecters of the Covenant_, and, _For sending Ministers to the Army_. With full power to them, to treat and determine in the matters aforesaid, & in all other 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 countable to, and censurable by the next General a.s.sembly.

_Renovation of the Commission to the Persons appointed to repair to the Kingdom, of_ England, _for prosecuting the Treaty of Uniformitie in Religion._

The Generall a.s.sembly, Taking to their consideration, that the Treaty of Uniformity in Religion in all his Majesties Dominions is not yet perfected, though by the Lords blessing there is a good progresse made in the same, Do therefore Renew the Power and Commission granted to the Persons formerly nominate by the two preceding a.s.semblies, and by their Commissioners sitting at Edinburgh, for prosecuting the said Treatie of Uniformitie with the Honourable Houses of the Parliament of England, and the Reverend a.s.sembly of Divines there, or any Committees appointed by them. Giving unto them full power to do all and every thing which may advance, perfect, and bring the said Treatie to an happy conclusion conforme to the former Commissions granted to them thereanent.

_The General a.s.semblies Answer to the Right Reverend the a.s.sembly of Divines in the Kirk of England._

_Right Reverend and welbeloved in the Lord Jesus,_

Amidst the manifold troubles in which this Kingdome hath been involved, and under which it still laboureth, we greatly rejoyced when it was testified unto by us our reverend Brethren, and under your hands in your Letter, and these Papers by them presented to us from you, what progresse you had made in the much desired Work of Uniformities and acknowledge that the same hath _comforted us concerning our work and toile of our hands_, and seemeth to us as an olive branch, to prognosticate the abating of the waters, which overflow the face of the Earth.

When we consider, that you have walked in pathes unusuall, which have not been haunted by Travellers there, as the publick way, though pointed out as the good old way by the Reformed Kirks, we do not wonder that you have carefully adverted in every step to set foot upon sure ground; When we behold that strong and high tree of Episcopacie so deeply rooted by continuance of time not loosed of the Branches, and the _stumpe of the root left in the Earth, with a band of iron and bra.s.se_, but pluckt up by the roots; We do confesse that the Carpenters, though prepared have a hard task, requiring time to hew it down, and root it up: And when we call to minde how much the Service-Book hath been cryed up as the only way of G.o.dS Wors.h.i.+p, how many thereby have had their wealth, and how difficult it is to forgoe the accustomed way; We admire the power and wisdom of the good G.o.d who hath prospered you in your way, and led you this length, through so many straits, and over so many difficulties in so troublous a time.

We do for our part not only admit and allow, but most heartily and gladly embrace the Directory of Wors.h.i.+p, as a common Rule for the Kirks of G.o.d in the three Kingdoms, now more straitly and firmly united by the solemne League and Covenant; And we do all in one voice blesse the Lord, who hath put it in the hearts, first, of the Reverend, Learned, and Pious a.s.sembly of Divines and then, of the Honourable Houses of Parliament. To agree upon such a Directory as doth remove what is none of Christs, and preserve the purity of all his Ordinances, together with Uniformity and Peace in the Kirk. Only we have thought necessary, to declare and make known, That the Clause in the Directory for the administration of the Lords Supper, which appointeth the Table to be so placed that the Communicants may orderly sit about it, or at it, is not to be interpreted as if in the judgement of this Kirk it were indifferent for any of the Communicants not to come to and receive at the Table; or as if we did approve the distributing of the Elements by the Ministers to each Communicant, & not by the Communicants among themselves: In which particulars, we still conceive and believe the order & practice of our own Kirk, To be most agreeable & sutable to the Word of G.o.d, the example of our Lord Jesus Christ, and the nature of that Heavenly Feast and Table. Neverthelesse, in other particulars we have resolved, and do agree, to do as ye have desired us in your Letter, That is, not to be tenacious of old Customs, though lawfull in themselves, and not condemned in this Directory, but to lay them aside for the nearer Uniformitie with the Kirk of England, now nearer and dearer to us than ever before; A Blessing so much esteemed, and so earnestly longed for among us, that rather than it faile on our part, we do most willingly part with such practices and customs of our own, as may be parted with safely, and without the violation of any of Christs Ordinances, or trespa.s.sing against Scripturall Rules, or our solemne Covenants.

We do in like manner agree to, and approve the Proportions touching Kirk-government and Ordination; and have given power to our Commissioners who are to meet in Edinburgh, to agree to, and conclude in our Name an Uniformitie therein, betwixt the Kirks in both Kingdoms, so soon as the same shall be without any substantiall alteration Ratified by an Ordinance of the Honourable Houses of the Parliament of England according to our Act of Approbation sent to our Commissioners with you.

As for the returning of our Commissioners; though the counsel and a.s.sistance of our Reverend Brethren might be of good use to us in these difficult times, and their particular stations and imployments importune the stay of these who are come unto us, and the returne of these who stay with you, yet preferring the publick good, and looking upon the profit may redound unto all by their continuing with you, we have satisfied your desire, & renewed their Commission; Praying G.o.d they may (as we are confident they shall) prove answerable to our trust, and to your expectation.

Concerning one Confession of Faith, and Forme of Catechisme, we apprehend no great difficultie: And to that which remains to be perfected in the matter of Kirk-government, we do believe, and both you and we know by experience, that _there is no word impossible with_ our _G.o.d. He that hath begun a good work among you, will also perform it_ of his good pleasure.

Go on in the Lord your strength, and _the Spirit of truth lead you in all truth: The G.o.d of all grace and peace that brought again from the dead our Lord Jesus that great Shepherd of the sheep through the blood of the everlasting Covenant_, & by him _hath called us unto his eternall glory, make you perfect in every good work to do his will, working in you, and by you, and among you, that which is well pleasing in his fight, stablish, strengthen, settle you, through Jesus Christ our Lord._

_Edinburgh 13. Feb. 1645._

Subscribed in name of the Generall a.s.sembly of the Kirk of Scotland, by the Moderator of the a.s.sembly.

_The humble Remonstrance of the Generall a.s.sembly of the Kirk of_ Scotland, _met at Edinburgh the 13. day of February, 1645._

TO THE KINGS MOST EXCELLENT MAJESTIE.

As our Record is on high, and our conferences within us bear us witnesse, so the many former Supplications and Remonstrances to your Majestie, from this Kirk and Kingdome, our solemne Covenants, and the whole course of our proceedings from time to time in the prosecution of this Cause; Do make known to the World, and we trust also to your own consience, our loyaltie and faithful subjection, and how far our intentions are from the diminution of your Majesties just Power and Greatnesse; And although the successe of many of our humble addresses to your Majesty, hath been such as did frustrate our desires and hopes, yet this hath not blotted our of our hearts our loyaltie, so often professed before G.o.d and the World; but it is still our Souls desire, and our Prayer to G.o.d for you, that your Self and your Posterity may prosperously reigne over this your antient and Native Kingdome, and over your other Dominions. And now as we have published a solemn and free Warning to the n.o.blemen, Barons, Gentlemen, Burrons, Ministers, and Commons of this Kingdome, concerning the present affliction of this Nation, and their sins procuring the same; So when we call to minde, that G.o.d accepteth not the persons of men, and that the greatest are not to be winked at in their sins; We a.s.sure our selves, that the best and most reall testimony which we can give at this present of the tendernesse and uprightnesse of our affection to your Majesties true Happinesse is this our humble and faithfull Representation of your Majesties great and growing dangers, and the causes thereof. Of which, if we should be silent, our consciences would condemne us, and _the stones themselves would immediatly cry out_.

The troubles of our hearts are enlarged, & our fear increased in your Majesties behalf, perceiving that your Peoples patience is above measure tempted, & is like a cart prest down with sheaves, and ready to break, while as beside many former designes and endeavours to bring desolation and destruction upon us, (which were (and we trust all of that kinde shall be) by the marvellous and mercifull providence of G.o.d discovered and disappointed). Our Countrey is now infested, the blood of divers of our Brethern spilt, and other acts of most barbarous and horrid cruelty exercised, by the cursed crew of the Irish Rebels and their Complices in the Kingdome, under the conduct of such as have Commission and Warrant from your Majestie. And unless we prove unfaithfull both to G.o.d and to your Majestie, we cannot conceale another danger which is infinitely greater than that of your Peoples displeasure: Therefore we the servants of the most high G.o.d, and your Majesties most loyall Subjects in the humility and grief of our hearts, fall down before your Throne, and in the Name of our Lord and Master JESUS CHRIST, who shall judge the world in righteousnesse, both great and small, and in the Name of this whole Nationall Kirk, which we represent, We make bold to warn your Majesty freely, that the guilt which cleaveth fast to your Majesty and to your Throne, is such, as (whatsoever flattering preachers, or unfaithfull counsellours may say to the contrary) if not timely repented, cannot but involve your Self and your Posterity under the wrath of the ever-living G.o.d, For your being guiltie of the shedding of the blood of many thousands of your Majesties best Subjects; For your permitting the Ma.s.se, and other Idolatry, both in your own Family and in your Dominions; For your authorizing by the Book of Sports the profanation of the Lords Day; For your not punis.h.i.+ng of publick scandals, and much profanenesse in, & about your Court; For the shutting of your eare, from the humble and just desires of your faithfull Subjects; For your complying too much with the Popish party in many wayes, and namely, by concluding the Cessation of Armes in _Ireland_, and your embracing the counsels of those who have not set G.o.d nor your good before their eyes; For your resisting and opposing this Cause, which so much concerneth the glory of G.o.d, your own honour and happinesse, and the peace and safetie of your Kingdomes; and for what other causes your Majesty is most conscious, and may best judge and search your own conscience (nor would we have mentioned any particulars, if they had not been publike and knowne.) For all which it is high time for your Majesty to fall down at the footstool of the King of Glory, to acknowledge your offence to repent timely, to make your peace with G.o.d through JESUS CHRIST, (whose blood is able to wash away your great sinne) and to be no longer unwilling that the Son of G.o.d reign over you and your Kingdoms in his pure Ordinances of Church-government and Wors.h.i.+p. These things if your Majesty do, it shall be no grief of heart unto you afterward; a blessing is reserved for you, and you shall finde favour with G.o.d, and with your People, and with all the Churches of Christ; But if your Majesty refuse to hearken to this wholsome counsell (which the Lord forbid) we have discharged our own consciences, we take G.o.d and Men to witnesse That we are blamelesse of the sad Consequences which may follow, and we shall wait upon the Lord, who, _when he maketh inquisition for blood, will not forget the cry of the humble_. In the mean while, beseeching your Majesty to take notice That we are not staggering or fainting through diffidence of the successe of this Cause and Covenant of the three Kingdoms, unto which, as G.o.d hath already given manifold Testimonies of his favour and blessing; so it is our stedfast and unshaken confidence, that this is the Work and Cause of G.o.d, which shall gloriously prevail against all opposition, and from which, with the a.s.sistance of the grace of G.o.d, we shall never suffer our selves to be divided or withdrawn, but shall zealously and constantly in our severall Vocations, endeavour with our Estates and Lives, the pursuing and promoving thereof.

That which we have concluded concerning Uniformity in Religion between both Kingdoms, is to be humbly offered to your Majestie from the Commissioners of this Kingdom, for your Royall Consent and Ratification.

Although your Majestie was not pleased to vouchsafe us the presence of your Commissioner, according to the supplication of the Commissioners or the preceeding Generall a.s.sembly, yet we have proceeded with as much respect to your Majesties honour, and as much remembrance of our duty, as if your Royall Person had been present in the mids of us: And we shall still continue our Prayers for you, that G.o.d would graciously incline your heart to the counsels of Truth and Peace, and grant unto your Majestie a long and happy Raign, that we may live under you a peaceable and quiet life, in all G.o.dlinesse and Honestie.