The Acts Of The General Assemblies of the Church of Scotland Part 7

The Presbyteries of _Aberdene._ _Kincairdin._ _All-foord._ _Garioch._ _Ellan Deer._ _Turreffe._ _Fordyce._

The bounds.

The Shyresdomes of _Aberdene_ and _Bamfe_.

To meet the first time at _new Aberdene_ the 3 Twesday of _April_.

11. _The provincial Synod of_ Murray.

The Presbyteries of _Innernes._ _Forresse._ _Elgin._ _Strabogie._ _Abernethie._ _Aberlower._

The bounds.

The Shyresdomes of _Innernes_ in part, _Nairn_ in part, _Murray Bamf_ in part, _Aberden_ in part.

To meet the first time at _Forresse_ the last Twesday of _April_.

12. _The provincial Synod of_ Rosse.

The Presbyteries of _Chanrie._ _Taine._ _Dingwall._

The bounds.

The Shyresdome of _Innernes_ in part.

To meet the first time at _Chanrie_, the second Twesday of _April_.

13. _The provincial Synod of_ Cathnes.

The Presbyteries of _Dornoch._ _Weeke._ or _Thurso._

The Bounds: _Cathnes._ _Sutherland._

To meet the first time at _Dornoch_, the third Twesday of _April_.

14. _The provincial Synod of_ Orkney _and_ Zetland.

The Presbyteries of _Kirkwall._ _Scalloway._

The Bounds: The Shyresdome of _Orkney_ and _Zetland_.

To meet the first time at _Kirkwall_, the second Twesday of _April_.

15. _The Provinciall Synod of the Isles_

All the Kirks of the North-west Isles, viz. _Sky_, _Lewes_, and the rest of the Isles, which were lyable to the Diocie of the Isles, except the South-west isles which are joyned to the Presbyteries of _Argyll_, To meet the first time at _Skye_ the second Twesday of May.

That the Minister of the place where the Synodall a.s.sembly meets shall preach the first day of their meeting, and give timouse advertis.e.m.e.nt to the rest of the Presbyteries.

It is remembred that of old the Synodall a.s.semblies that were nearest to others, had correspondence among themselves, by sending one or two Commissioners mutually from one to another, which course is thought fit to bee keeped in time comming: viz. The Provincials of _Louthian_, and _Mers_, &c. The Provincials of _Drumfreis_, _Galloway_, _Glasgow_, and _Argyll_, The Provincials of _Perth_, _Fyfe_, and _Angus_, &c. The Provincials of _Aberdein_ and _Murray_. The Provincials of _Rosse_, _Caithnes_, and _Orknay_. The Commissioners for correspondence amongst the Synodals to be a Minister and a ruling Elder.

The a.s.sembly recommendeth to the severall Presbyteries the execution of the old acts of a.s.semblies, against the break of the Sabbath-day, by the going of Milles, Salt-pans, Salmond-fis.h.i.+ng, or any such-like labour, and to this end revives and renews the act of the a.s.sembly, holden at _Halyrudehouse_ 1602. Sess. 5 whereof the tennor followeth.

"_The a.s.semblie considering that the conventions of the people, specially on the Sabbath-day, are verie rare in manie places, by distraction of labour, not only in Harvest and Seed-time, but also every Sabbath by fis.h.i.+ng both of whyte fish and Salmond fis.h.i.+ng, and in going of Milles; Therefore the a.s.semblie, dischargeth and inhibiteth, all such labour of fis.h.i.+ng as-well whyte fish as Salmond fish, and going of Miles of all sorts upon the Sabbath-day, under the paine of incurring the censures of the Kirk. And ordains the Commmissioners of this a.s.semblie to meane the same to his Majestie, and to desire that a pecuniall paine may be injoyned upon the contraveeners of this present act._"

Act Sess. 14. December 18. 1638.

The a.s.sembly considering the great necessity of purging this land from bygone corruptions, and of preserving her from the like in time coming, ordaineth the Presbyteries to proceed with the censures of the Kirk, to excommunication, against those Ministers who being deposed by this a.s.sembly acquiesces not to their sentences, but exercise some part of their Ministerial function, refuseth themselves, and with-draw others from the obedience of the acts of the a.s.sembly.

Act. Sess. 25. December 19. 1638.

_Against the civil places and power of Kirk-men._

The generall a.s.sembly, remembering that among other causes of the application of the confession of Faith to the present time, which was subscribed in _February_ 1638. The clause touching the civill places and power of Kirk-men, was referred unto the tryal of this a.s.sembly; entered into a serious search thereof, especially of their sitting on the bench, as Justices of peace, their sitting in Session and Councel, their riding and voting in Parlament: and considering how this vote in Parliament, was not at first sought nor requyred by this Kirk, or worthy men of the Ministerie, but being obtruded upon them, was disallowed for such reasons as could not well be answered (as appeareth by the conference, holden at _Halyrude-house_ 1599. which with the reasons therein contained was read in the face of the a.s.sembly) & by plurality of voices nor being able to resist that enforced favour, they foreseeing the dangerous consequences thereof, in the a.s.sembly at _Montrose_ did limitate the same by many necessare cautions: Considering also the protestation made in the Parliament 1606 by Commissioners from Presbyteries, and provincial a.s.semblies, against this rest.i.tution of Bishops to vote in Parliament, and against all civil offices in the persons of Pastors, separate unto the Gospel, as incompatible with their spiritual function; with the manifold reasons of that Protestation from the word of G.o.d, ancient Councels, ancient and moderne Divines, from the Doctrine, discipline and Confession of Faith of the Kirk of _Scotland_, which are extant in print, and were read in the audience of the a.s.sembly: Considering also from their own experience the bad fruits and great evils, which have been the inseparable consequents of these offices, and that power in the persons of Pastors separate to the Gospel, to the great prejudice of the freedome and libertie of the Kirk, the jurisdiction of her a.s.semblies, and the powerful fruits of their spiritual Ministerie; The a.s.sembly most unanimously in one voice, with the hesitation of two allanerly, declared, that as on the one part the Kirk and the Ministers thereof are oblidged to give their advise and good counsel in matters concerning the Kirk or the Conscience of any whatsomever, to his Majestie, to the Parliament, to the Councel, or to any members thereof, for their resolutions from the word of G.o.d, So on the other part, that it is both in-expedient, and unlawful in this Kirk, for Pastors separate unto the Gospel to brook civil places, and offices, as to be Justices of peace; sit and decerne in Councel, Session, or Exchecker; to ride or vote in Parliament, to be Judges or a.s.sessors in any Civil Judicatorie: and therefore rescinds and annuls, all contrarie acts of a.s.sembly, namely of the a.s.sembly holden at _Montrose_ 1600. which being prest by authority, did rather for an _interim_ tolerat the same, and that limitate by many cautions; for the breach whereof the Prelats have been justly censured, then in freedome of judgement allow thereof, and ordaineth the Presbyteries to proceed with the Censures of the Kirk, against such as shall transgresse herein in time coming.

Act Sess. 26. December 20. 1638.

The a.s.sembly considering the great prejudice which G.o.ds Kirk in this land, hath sustained these years by-past, by the unwarranted printing of lybels, pamphlets, and polemicks; to the disgrace of Religion, slander of the Gospel, infecting and disquyeting the mindes of G.o.ds people, and disturbance of the peace of the Kirk, and remembring the former acts, and custome of this Kirk, as of all other Kirks, made for restraining these and the like abuses, and that nothing be printed concerning the Kirk, and Religion, except it be allowed by these whom the Kirk intrusts with that charge: The a.s.sembly _unanimously_, by vertue of their ecclesiastical authority, dischargeth and inhibiteth all printers within this Kingdome, to print any act of the former a.s.semblies, any of the acts or proceedings of this a.s.sembly, any confession of Faith, any Protestations, any reasons _pro_ or _contra_, anent the present divisions and contraversies of this time, or any other treatise whatsoever which may concerne the Kirk of Scotland, or G.o.ds cause in hand, without warrand subscribed by Mr.

_Archbald Johnston_, as Clerk to the a.s.sembly, and Advocate for the Kirk; or to reprint without his warrand, any acts or treatises foresaids, which he hath caused any other to print, under the paine of Ecclesiastical censures to be execute against the transgressours by the several Presbyteries, and in case of their refusal, by the several Commissioners from this a.s.sembly: Whereunto also we are confident, the honourable Judges of this land will contribute their civill authority: and this to be intimat publickly in pulpit, with the other generall acts of this a.s.sembly.

Act. Sess. 26. December 20. 1638.

The generall a.s.sembly ordaineth all Presbyteries and Provinciall a.s.semblies to conveen before them, such as are scandalous and malicious, and will not acknowledge this a.s.sembly, nor acquiesce unto the acts thereof: And to censure them according to their malice and contempt, and acts of this Kirk: and where Presbyteries are refractarie, granteth power unto the severall Commissions to summond them to compear before the next generall a.s.sembly to be holden at _Edinburgh_, the third Wedinsday of Julie, to abide their tryall and censure.

Act Sess. 26. December 20. 1638.

The a.s.sembly considering the acts and practise of this Kirke in her purest times, that the Commissioners of every Presbyterie, Burgh, and Universitie, were both ordained to take, and really did take from the Clerk; the whole generall acts of the a.s.sembly, subscribed by the Clerk: Whereby they might rule and conforme their judicatorie themselves, and all persons within their jurisdictions, unto the obedience thereof: Considering the great prejudices we have lately felt out of ignorance of the acts of a.s.sembly, Considering also the great necessity in this time of reformation, beyond any other ordinarie time, to have an extract thereof: The a.s.sembly ordaineth be this present act, that all Commissioners from Presbyteries, Burghes and Universities, presently get under the Clerks hand an Index of the acts, till the acts themselves be extracted, and thereafter to get the full extract of the whole generall acts, to be insert in their Presbyterie books, whereby all their proceedings may be regulate in time coming. Likeas the a.s.sembly recommendeth unto every Kirk Session, for the preservation of their particular Paroch from the reentrie of the corruptions now discharged, and for their continuance in the Covenant, anent doctrine, wors.h.i.+p and discipline now declared, to obtain an extract of these acts: especially if they be printed: Seeing their pryce will no wayes then be considerable: as the benefite both of the particular Parish, and the interest of the whole Kirk, in the preservation thereof from defection is undenyable: seeing Presbyteries are composed of sundry Parochins, and so must be affected, or infected as they are, as Provinciall and generall a.s.semblies are composed of Presbyteries, and so must be diposed as they are.