Act Sess 5. August 1. 1642.

_Act anent the choosing of Kirk Sessions._

Anent the question moved to the a.s.sembly, concerning the election of Kirk Sessions, The a.s.sembly ordaines the old Session to elect the new Session both in Burgh and Land. And that if any place shall vaik in the Session chosen, by death or otherwise, the present Session shall have the election of the person to fill the vacand roome.

Sess 6. August 2. 1642.

_The Report of the Interpretation of the Act at_ Edinburgh, _anent tryal of Ministers._

The meaning of the foresaid Act, is not that an actual Minister to be transported, shall be tried again by the tryals appointed for trying of Expectants, at their entry to the Ministery, according to the Acts of the Kirk; but only that he bringing a Testimonial of his former tryals, and of his abilities, and conversation, from the Presbyterie from whence he comes, and giving such satisfaction to the Parochiners Presbyterie whereto he comes in preaching, as the Presbyterie finds his gifts fit and answerable for the condition and disposition of the Congregation, whereto he is presented. Because, according to the Act of the a.s.sembly 1596.

renewed at _Glasgow_, some that are meet for the Ministery in some places, are not meet for all alike: And Universities, Towns and Burghs, and places of n.o.blemens residence, or frequencie of Papists, and other great and eminent Congregations, and in sundry other cases, require men of greater abilities, nor will be required necessarily in the planting of all private small Paroches, the leaving of the consideration of these cases unto the judgement and consideration of the Presbyterie, was the only intention of the Act.

_The a.s.sembly approves the meaning and interpretation foresaid: And appoints the said Act, according to this interpretation, to stand in force, and to have the strength of an Act and ordinance of a.s.sembly in all time coming._

Act Sess. 7. August 3. 1642.

_Act anent the order for making Lists to His Majestie, and other Patrons for Presentations; The order of tryal of Expectants, and for trying the quality of Kirks._

Forsameikle as His Majestie was graciously pleased in His Answer to the Pet.i.tion, tendred by the Commissioners of the late a.s.sembly to His Majestie, to declare and promise, for the better providing of vaiking Kirks at His Majesties Presentation with qualified Ministers, to present one out of a list of six persons, sent to His Majestie from the Presbyteries wherein the vaiking Kirk lyeth, as His Majesties Declaration, signed with his Royal hand at _White-hall_, the 3. of _January_ last, registrate in the books of a.s.sembly, this day at length beares. And suchlike whereas the Lords of Exchequer upon a Pet.i.tion presented to them by the Commissioners of the Generall a.s.sembly, and the Procurator and Agent for the Kirk representing two Prejudices; one, that gifts obtained from His Majestie of Patronages of Kirks, at His Presentation were pa.s.sing the Exchequer, without the qualification and provision of a List, wherewith His Majestie was pleased to restrict himself; and the other, that some were seeking gifts of patronage of Bishop-Kirks, which we declared to belong to Presbyteries, to be planted by two Acts of the late Parliament, The saids Lords have ordained that no signatory containing gifts of patronages from His Majestie, shall pa.s.se hereafter, but with a speciall provision that the same shall be lyable to the tenor of His Majesties said Declaration. Ordaining also the Procurator & Agent of the Kirk to be advertised, & to have place to see all signaters whatsoever, containing any patronage, to the effect they may represent the interest of the Kirk therein; as the said Act of the date the 27 of _June_ last, registrate also in the Books of a.s.sembly, this day at length beares.

Therefore that the saids Kirks which now are, or which were at his Majesties presentation the sayd third day of _January_ last, may be the better provided with able Ministers, when the samine shall vaik, The a.s.sembly ordaines that hereafter every Presbyterie shall give up yearly a Roll of the ablest of their Expectants, to their Synods; and that the Synods select out of these Rolls such persons whom they in certain knowledge judge most fit for the Ministrie and worthiest of the first place, With Power to the Synods to adde or alter these Rolls given by the Presbyteries, as they thinke reasonable: And that the Synods shall send the Rolls made by them in this manner, to the next Generall a.s.sembly, who shall also examine the Rolls of the Synods, and adde or alter the same as shall be thought expedient. Which Roll made by the Generall a.s.sembly, shall be sent to every Presbyterie & that the Presbyterie, with consent of the most or best part of the Congregation, shall make a List of six persons willing to accept of the presentation out of that Roll of the a.s.sembly, upon every occasion of vacation of any Kirk within their bounds, and shall send the samine together with a blank presentation: The which (if His Majesty be Patron to the vacant Kirk) shall be sent by the said Procurator and Agent, to such as the Commissioners of the Generall a.s.sembly, or in their absence the Presbyterie of _Edinburgh_: shall direct and think at that time most able and willing to obtain the presentation, to be signed and filled up by His Maj. choise of one of the List. And if the vacant Kirk be of a Patronage disponed by His Majesty since the 3. of _January_, in that case either the Presbyteries themselves shall send a List of six persons in maner aforesaid, with a blank presentation to the Patron, to be filled up by his choise, & subscribed or send the samine to the saids Officers of the Kirk, to be conveyed by them to the Patron of the vaiking Kirk, as the Presbyterie shall think most expedient. It is always declared, that this order shall be without prejudice to the Presbyteries, with consent foresaid, to put actual Ministers upon the said List of six persons, to be sent to the Patron of the said vaiking Kirks, if they please. And least that the nomination of Expectants by Presbyteries, Synods, or a.s.semblies, in their Rolls or Lists foresaid, be mis-interpreted, as though the Expectants nominated in these Rolls and Lists, were thereby holden & acknowledged to be qualified, which is not the intention of the a.s.sembly, who rather think, that in respect of this Order, there should be a more exact tryal of Expectants then before: Therefore the a.s.sembly ordaines, that no Expectants shall be put on the Rolls or Lists above-mentioned, but such as have been upon the publike exercise, at the least by the s.p.a.ce of half a year, or longer, as the Presbyterie shall finde necessary. And suchlike ordaines, that hereafter none be admitted to the publike exercise, before they be tried according to the tryal appointed for Expectants, at their entrie to the Ministerie in the late a.s.sembly at _Glasgow_, in the 24. Article of the Act of the 23. Session thereof: which tryall of the a.s.sembly appoints to be taken of every Expectant, before his admission to the publike exercise. And suchlike ordaines, That the samine tryall shall be again taken immediatly before their admission to the Ministerie, together with their triall mentioned in the advice of some Brethren deputed for penning the corruptions of the Ministery, approven in the said Act of the Generall a.s.sembly at _Glasgow_. And because that Kirks of the patronages foresaids, will vaik before the Rolls and Lists be made up by the Presbyteries, Synods, and General a.s.semblies, in manner foresaid: Therefore in the _interim_ the a.s.sembly ordains the Commissioners of every Presbyterie here present, to give in a List of the ablest Expectants within their bounds, the morn, to the Clerk of the a.s.sembly, that the a.s.sembly may out of these Rolls, make a List to be sent to every Presbyterie: Out of which the Presbyteries shall make a List of six persons, with consent foresaid, and send the samine upon vacancie of any Church within their bounds, together with a presentation to His Majestie, or any other patron, in manner foresaid. And because the Procurator and Agent of the Kirk cannot get sufficient information to the Lords of Exchequer anent the Right and Interest of the Kirk, and Presbyteries in Kirks, whereof gifts of patronages may be presented to the Exchequer: Therefore the a.s.sembly ordaines for their better information hereanent, that every Presbyterie, with all diligence, use all meanes of exact tryall of the nature and qualitie of all Kirks within their bounds, as what Kirks belong to the Kings Majesties patronage, what to other Laick patronages, what Kirks of old were planted by the Presbyteries, and what by Prelates, and Bishops, before the a.s.sembly at _Glasgow_ 1638. what hath been the way and time of the change of the planting and providing of the Kirks, if any have been changed or any other thing concerning the nature and qualitie of every Kirk within their bounds, and to send the same to the Procurator of the Kirk with all diligence.

_Act anent Lists for the Kirks in the High-lands._

The a.s.sembly considering that in _Argyle_, and in other places of the _Irish_ language, there will not be gotten six expectants able to speak that language, And therfore the a.s.sembly is hopefull, that in these singular cases, His Majestie will be pleased for Kirks vacand in the _Highlands_, to accept of a List of so many expectants as can be had, able to speak the _Irish_ language. And the Commissioners Grace promiseth to recommend it to His Majestie.

_Overtures against Papists, non-Communicants, and profaners of the Sabbath._

The a.s.sembly would draw up a Supplication to be presented by the Commissioners of the Presbyterie of _Edinburgh_ to the Councell at their first meeting, for the due execution of the Acts of Parliament and Councell against Papists, wherein it will be specially craved, that the Exchequer should be the Intromettors with the Rents of these who are excommunicate, and that from the Exchequer the Presbyterie may receive that portion of the confiscate goods, which the Law appoints to be imployed _ad pios usus_.

II. Every Presbyterie would conveen at their first meeting, all known Papists in their bounds, and require them to put out of their company, all friends and servants who are Popish within one moneth: Also within that same s.p.a.ce, to give their children, sons and daughters, who are above seven yeers old, to be educate at their charges, by such of their Protestant friends, as the Presbyterie shall approve, and finde sufficient caution for bringing home within three moneths such of their children who are without the Kingdom, to be educate in Schooles and Colledges at the Presbyteries sight; to finde caution likewise of their abstinence from Ma.s.se, and the company of all Jesuits and Priests.

III. That all, of whatsoever rank or degree, who refuse to give satisfaction in every one of the foresaid Articles, shall be processed without any delay; but those who give satisfaction shall be dealt with in all meeknesse, after this manner: The Presbyteries shall appoint such of their number as they shall find fittest to confer with them so frequently as the Brethren are able to attend, until the midst of _October_ next, against which time, if they be not willing to go to Church, they shall give a.s.surance to go and dwell in the next adjacent University Town, whether _Edinburgh_, _Glasgow_, _St. Andrews_, or _Aberdene_, from _November 1._ to the last of _March_, where they shall attend all the diets of conference which the Professor and Ministers of the bounds shall appoint to them: By which, if they be not converted, their obstinacy shall be declared in the Provincial Synods of _April_, and from thence their Processe shall go on to the very closure without any farther delay.

IV. That every Presbyterie, as they will be answerable to the next General a.s.sembly, be careful to do their dutie in all the premisses.

V. That there be given presently by the Members of this present a.s.sembly unto the Commissioners of the Presbyterie of _Edinburgh_, a List of all excommunicate Papists they know, and of all Papists who have children educate abroad, that they may be presented, together with our Supplication to the Councel, at their first sitting.

VI. That the Councel may be supplicate for an Act, that in no Regiment which goes out of the Kingdom, any Papists bear office, and that the Colonel be required to finde caution for this effect, before he receive the Councels warrant for levying any Souldiers: Also that he finde caution for the maintaining of a Minister, and keeping of a Session in his Regiment.

_Item_, The a.s.sembly would enjoyn every Presbyterie to proceed against Non-communicants, whether Papists or others, according to the Act of Parliament made thereanent. And suchlike, that Acts of Parliament against prophaners of the Sabbath be put to execution.

_The a.s.sembly approves the Overtures foresaid, and ordains Presbyteries to put the samine to execution with all diligence: And that the Commissioners of every Presbyterie give in a List of the excommunicate Papists within their bounds, and of Papists children out of the countrey to the Clerk, that the same may be presented to the Councel by the Commissioners of this a.s.sembly._

_Act anent the joyning of the Presbyterie of_ Sky _to the Synode of_ Argyle.

The General a.s.sembly having considered the whole proceedings of the Commissioners of the late General a.s.sembly holden at _Edinburgh_, anent the reference made to them concerning the Presbyterie of _Sky_, together with the whole reasons _pro & contra_ in the said matter, after mature deliberation have ratified and approved, and by these presents ratifie and approve the Sentence of the saids Commissioners thereintil. And further ordains the said Presbytery of _Sky_, and all the Ministers and Elders thereof, to keep the meetings of the Provincial a.s.sembly of _Argyle_, where they shall happen to be appointed in all time coming, suchlike as any other Presbyterie within the bounds of the said Province of _Argyle_ uses to do: And that the samine Presbyterie be in all time hereafter within the Jurisdiction of the said Provincial a.s.sembly, without any further question to be made thereanent.

Sess. 8. August 3. post Meridiem.

The Supplication of this a.s.sembly to the KINGS MAJESTIE.

_To the Kings most Excellent Maj. the hearty Thanksgiving, and humble Pet.i.tion of the General a.s.sembly of the Kirk of_ Scotland, _met at_ St.

Andrews, _July 27. 1642._

Our hearts were filled with great joy and gladnesse at the hearing of Your Majesties Letter, which was read once and again in face of the a.s.sembly, every line thereof almost either expressing such affection to the Reformed Religion, and such Royal care of us, as we could require from a Christian Prince; or requiring such necessary duties from us, as we are bound to performe as Ministers of the Gospel, and Christian Subjects: For which, as solemne thanks were given by the Moderator of the a.s.sembly, so do we all with one voice in all humility, present unto Your Majestie the thankfulnesse of our hearts, with our earnest prayers to G.o.d for your Majesties prosperity, and the peace of Your Kingdoms, that Your Majestie may be indeed a nursing Father to all the Kirks of Christ in Your Maj.

Dominions; & especially to the Kirk of _Scotland_ honoured with Your Birth and Baptisme: Promising our most serious indeavours by doctrine and life, to advance the Gospel of Christ, & and to keep the people in our charge in Unity and Peace, and in all loyalty and obedience to Your Majestie and Your Laws. Your Majesties commands to Your Commissioner, the Earle of _Dumfermling_, to receive from us our just and reasonable desires for what may further serve for the good of Religion here, the favours which we have received already, and Your Maj. desires and delight to do good, expressed in Your Letter, are as many encouragements to us, to take the boldnesse in all humility to present unto Your Majestie (beside the particulars recommended to Your Majesties Commissioner) one thing, which for the present is the chiefest of all Our desires, as serving most for the glory of Christ, for Your Majesties Honour and Comfort; and not onely for the good of Religion here, but for the true happinesse and peace of all Your Majesties Dominions; which is no new motion, but the prosecution of that same by the Commissioners of this Your Majesties Kingdom in the late Treatie, and which Your Majestie, with advice of both houses of Parliament, did approve in these words: _To their desire concerning unitie in Religion and uniformitie of Church government, as a speciall meanes of conserving of Peace betwixt the two Kingdoms, upon the grounds and reasons contained in the Paper of the 10 of_ March, _given in to the Treaty and Parliament of_ England: It is answered upon the 15 of _June, That his Majestie, with advice of both Houses of Parliament, doth approve of the affection of His Subjects of_ Scotland, _in their desire of having the conformity of Church-government, betwixt the two Nations, and as the Parliament hath already taken into consideration __ the reformation of Church government, so they will proceed therein in due time, as shall best conduce to the glory of G.o.d, the Peace of the Church, and of both Kingdoms, 11 of_ June 1641. In Our answer to a Declaration sent by the now Commissioners of this Kingdom from both Houses of Parliament, we have not onely pressed this point of unity in Religion and Uniformity of Church government, as a meane of a firme and durable union betwixt the two Kingdomes, and without which former experiences put us out of hope long to enjoy the puritie of the Gospel with Peace, but also have rendred the reasons of our hopes and confidence, as from other considerations, so from Your Majesties late Letter to this a.s.sembly, that Your Majestie in a happy conjunction with the Houses of Parliament, will be pleased to settle this blessed Reformation, with so earnestly desired a Peace in all Your Dominions. And therfore we Your Majesties most loving Subjects, in name of the whole Kirks of _Scotland_, represented by us, upon the knees of our hearts, do most humbly and earnestly beg, that Your Majesty in the deep of Your Royall Wisdom, and from Your affection to the true Religion, and the Peace of Your Kingdoms, may be moved to consider, that the G.o.d of Heaven and Earth is calling for this Reformation at Your hands, and that as you are his Vice-gerent, so You may be his prime Instrument in it. If it shall please the Lord (which is our desire and hope) that this blessed unitie in Religion and Uniformity in Government shall be brought about; Your Majesties Conscience, in performing of so great a dutie: shall be a well-spring of comfort to Your Self, Your memory shall be a sweet favour, and Your name renowned to all following generations. And if these unhappy commotions and divisions shall end in this peace and unity; then it shall appeare in the Providence of G.o.d, they were but the noyse of many waters, and the voyce of a great thunder before the voyce of harpers harping with their harps, which shall fill this whole Iland with melodie and mirth, and the name of it shall be, THE LORD IS THERE.

_The Declaration of the Parliament of_ England, _sent to the a.s.sembly._

The Lords and Commons in this present Parliament a.s.sembled, finding to their great grief, that the distractions of this Kingdome dayly increase, and that the wicked Counsels and practises of a malignent party amongst us (if G.o.d prevent them not) are like to cast this nation into bloud and confusion, To testifie to all the World how earnestly they desire to avoid a Civill Warre, they have addressed themselves in an humble Supplication to His Majestie, for the prevention thereof. A Copy of which their pet.i.tion, they have thought fit to send at this time to the National a.s.sembly of the Church of _Scotland_, to the intent that that Church and Kingdome (whereunto they are united by so many and so near bounds and tyes, as well Spiritual as Civil) may see that the like minde is now in them, that formerly appeared to be in that Nation. And that they are as tender of the effusion of Christian bloud on the one side, as they are zealous on the other side of a due Reformation both in Church and State.

In which work, whilest they were labouring, they have been interrupted by the plots and practises of a malignant party of Papists, and ill affected persons, especially of the corrupt and dissolute Clergy, by the incitement and instigation of Bishops and others, whose avarice and ambition being not able to bear the Reformation endeavoured by the Parliament, they have laboured (as we can expect little better fruit from such trees) to kindle a flame, and raise a combustion within the bowels of this Kingdom: Which if by our humble supplication to His Majesty it may be prevented, and that according to our earnest desire therein, all Force and Warlike preparations being laid aside, we may returne to a peaceable parliamentary proceeding, We do not doubt, but that by the blessing of Almighty G.o.d upon our endeavours, we shall settle the matters both in Church and State, to the encrease of His Majesties honour and State, the peace and prosperitie of this Kingdome, and especially to the glory of G.o.d, by the advancement of the true Religion, and such a Reformation of the Church, as shall be most agreeable to G.o.ds Word. Out of all which, there will also most undoubtedly result a most firme & stable Union between the two Kingdomes of _England_ and _Scotland_, which according to our Protestation, we shall by all good wayes and meanes, upon all occasions, labour to preserve and maintain.