Chapter 10

_The General Assembly recommendeth to the several Presbyteries the execution of the old acts of Assembly, against the breach of the Sabbath Day, by going of Mylnes, Salt-Pannes, Salmond-fishing, or any such like labour; and to this end revives and renues the act of the Assembly holden at_ Haly-rude-house, 1602. _Sess. 5. whereof the tenor follows._

The Assembly considering that the conventions of the People, specially on the Sabbath Day are very rare in many places, by distraction of labour not only in harvest and seed-time, but also every Sabbath, by fishing both of the white fish, and Salmond-fishing, and in going of Mylnes. Therefore the Assembly dischargeth and inhibiteth all such labour of fishing, as well white fish and Salmond-fish, and going of Mylnes of all sorts upon the Sabbath, under the pain of incurring the censures of the Kirk: And ordaines the Commissioners of this Assembly, to mean the same to His Majestie, and to desire that a pecunial paine may be injoyned upon the contraveeners of this present Act.

Act Sess. 22. Aug. 29. 1639. _a Meridie._

_Articles and Overtures approved by the Assembly._

That some Commissioners be appointed to visit and peruse the whole Acts of General Assemblies, and to marke such Acts as are for the use of the Kirk in General, To extract the same out of the Registers, to the effect that after they be tryed, they may be printed according to the old Acts of the Assembly at _Edinburgh_, _March 7. 1574._ _Sess._ 9.

_The Assembly appoints the Presbyterie of_ Edinburgh, _to have a care of this article, and to report their diligence to the next Assembly._

That course may be taken for restraining of people from passing to _England_ to marry, which is the occasion of great in conveniences.

_The Assembly alloweth this article, and recommends to the Parliament, that they would appoint a pecuniall summe to be payed by the contraveeners._

That the Acts for furnishing expences to Commissioners, sent by the Presbyteries to the General Assembly, and sent in Commission by Generall Assemblies, may be explained; And it be declared that all such Commissioners whatsoever, by their stipends may be furnished by the Kirks of the Presbyterie, according to the order, set down in the Act of the last Assembly, since the errand is common, and the benefit concerneth all: and that order may be taken, how that an expedient voluntarie course, thought fit by the Assembly, shall by advise of Parliament, have the force of a law, for compelling these to pay who are stented, both for the last and this Assembly and in time to come.

_The Assembly allowes this article, and referres the same to the Parliament._

That the Session-books of every Paroche be presented once a year to the Presbyteries, that they may be tryed by them.

_The Assembly alloweth this article._

That the Act of the 38. Assembly at _Edinburgh_, _October 24, 1578._ Sess. 8. ordaining Ministers who are deposed, to be charged under the pain of excommunication, to dimit their places, that they may be unquestionably vacand, may now be renewed.

_The Assembly alloweth this article, and remits the same to the Parliament._

The Assembly would revive or renew all former Acts of Assembly against Papists, and excommunicate persons, against haunters with them and receivers of them.

_The Assembly alloweth this article._

That an uniforme Catechisme may be appointed to be used throughout this whole Kingdome in the examinations before the Communion.

_The Assembly alloweth this article._

That all Ministers or Intrants presented to Kirks, be tryed before their admission, if they be qualified for the places to which they are presented, besides the ordinary tryalls of Expectants before their entrie to the Ministerie.

_The Assembly alloweth this article._

Sess. 23. August 30. 1639.

_The Supplication of the General Assembly to the Kings Majesties Commissioner, concerning the Book, called_, The large Declaration.

We the Members of this present Assembly, for our selves, and in name of the severall Presbyteries, Burghs, and Universities, for which we are Commissioners resenting the great dishonour done to God, our King, this Kirk, and whole Kingdome, by the Book called, _A large Declaration_, have here represented the same to your Grace, and have collected some amongst many of false grosse and absurd passages; That from the consideration thereof, your Grace, perceiving the intolerable evills foresaids contained therein, may be pleased to represent the same to our gracious Soveraigne, and in our behalfs humbly to beseech his Majestie, so much wronged by the many foul and false relations, suggested and perswaded to him as trueths, and by stealing the protection of His Royal Name and Authoritie to the patrocinie of such a Book: To be pleased first to call in the said Book: and thereby to shew his dislike thereof: Next to give Commission and warrant, To cite all such parties as are either knowne or suspect to have hand in it, and to appoint such as His Majestie knowes to be either authors, informers, or any wayes accessarie, being Natives of this Kingdome, To be sent hither to abide their tryall and censure before the Judge Ordinary, and in speciall Master _Walter Balcanquell_, now Deane of _Durham_, who is known and hath professed to be the author, at least a vower and maintainer of a great part thereof; that by their examplar punishment, others may be deterred from such dangerous courses, as in such a way to raise sedition betwixt the King and His Subjects, Gods honour may be vindicate from so high contempt, His Majesties justice may appear, not only in cutting away such Malefactors, but in discouraging all such under-miners of His throne, His loyall and loving Subjects shall be infinitly contented to be cleared before the world of so false and unjust imputations, and will live hereafter in the greater securitie, when so dangerous a course of sedition is prevented, and so will have the greater and greater cause to pray for His Majesties long & prosperous Reigne.

_His Majesties Commissioner in Councell having received the said supplication, promised to impart the same to His Majesty, and to report his diligence therein._

_The Supplication of the Assembly to His Majesties High Commissioner, and the Lords of secret Councell._

Wee the Generall Assembly, considering with all humble and thankful acknowledgement, the many recent favours bestowed upon us by His Majestie, and that there resteth nothing for crowning of His Majesties incomparable goodnesse towards us, but that all the members of this Kirk and Kingdom be joyned in one and the same Confession and Covenant with God, with the Kings Majestie, and amongst ourselves: And conceiving the main lett and impediment to this so good a work, and so much wished by all, to have been the Informations made to his Majestie, of our intentions to shake off Civil and dutiful obedience due to Soveraignity, and to diminish the Kings greatnesse and authoritie, and being most willing and desirous to remove this and all such impediments which may hinder and impede so full and perfect an Union, and for clearing of our loyaltie, WEE in our own names, and in name of all the rest of the Subjects and Congregations whom we represent, do now in all humility represent to your Grace, His Majesties Commissioner, and the Lords of His Majesties most honourable privie Councel, and declares before God and the World, that we never had nor have any thought of with-drawing our selves from that humble and dutiful obedience to His Majestie, and to his Government, which by the descent & under the reign of 107 Kings is most chearfully acknowledged by us and our predecessors: And that we never had, nor have any intention nor desire to attempt any thing that may tend to dishonour of God, or the diminution of the Kings greatnesse and authoritie: But on the contrary, acknowledging our quietnesse, stabilitie and happinesse to depend upon the safety of the Kings Maj. Person, & maintenance of His greatnesse and Royal authority who is Gods Vice-gerent set over us, for the maintenance of Religion and ministration of Justice, We have solemnly sworn and do sweare, not only our mutual concurrence and assistance for the cause of Religion, and to the uttermost of our power, with our means and lives, to stand to the defence of our dread Soveraigne, his Person and authority, in preservation and defence of the true Religion, Liberties and Lawes of this Kirk and Kingdome, but also in every cause which may concerne His Majesties honour, shall according to the Lawes of this Kingdome, and the duties of good Subjects concurre with our friends and followers in quiet manner, or in armes, as we shall be required of His Majestie, His Councel, or any having his Authority. And therefore being most desirous to cleare our selves of all imputation of this kinde, and following the laudable example of our predecessors, 1589. do most humble supplicate your Grace, His Majesties Commissioner, and the Lords of His Majesties most honourable privie Councell, to enjoyn by Act of a Councel, that this Confession and Covenant, which, as a testimony of our fidelity to God, and loyaltie to our King, we have subscribed, be subscribed by all His Majesties Subjects, of what rank and quality soever.

_The Act of the Lords of Councel at_ Edinburgh, August 30. 1639. _containing the_ Answer _of the preceding_ Supplication.

The which day in presence of the Lord Commissioner and the Lords of privie Councel, compeired personally _John_ Earle of _Rothes_, _James_ Earle of _Montrose_, _John_ Lord _Lowdoun_, Sir _George Stirling_ of Keir Knight, Sir _William Douglas_ of Cavers Knight, Sir _Henry Wood_ of Bonytoun Knight, _John Smyth_ Burgesse of _Edinburgh_, Mr. _Robert Barclay_ Provest of Irwing, Mr. _Alexander Henderson_ Minister at Edinburgh, and Mr. _Archbald Johnstoun_ Clerk to the General Assembly, and in the name of the present sitting General Assembly, gave in to the Lord Commissioner, and Lords of privie Councel, the Petition above written; which being read, heard, and considered by the saids Lords, they have ordained, and ordain the same to be insert and registrate in the books of Privie Councel, and according to the desire thereof, ordaines the said Confession and Covenant to be subscribed in time coming by all His Majesties Subjects of this Kingdome, of what ranke and quality soever.

_The Kings Majesties Commissioners Declarations._

The which day His Majesties Commissioner, and Lords of Councel, after the receiving of the Supplication of the General Assembly, anent the subscribing of the Covenant, having returned to the Assembly, His Majesties Commissioner in name of the Councel, declared; That he had received the Supplication of the Assembly, desiring that the Covenant might receive the force of an Act of Councel, to be subscribed by all His Majesties Subjects, that they had found the desire so fair and reasonable, that they conceived themselves bound in duety to grant the same; and thereupon have made an Act of Councel to that effect: And that there rested now the Act of Assembly. And that he himself was so fully satisfied, that he came now as his Majesties Commissioner to consent fully unto it: And that he was most willing that it should be enacted here in this Assembly, to oblige all his Majesties Subjects to subscribe the said Covenant, with the Assemblies explanation. And because there was a third thing desired, His subscription as the Kings Commissioner, unto the Covenant, which he behoved to do, with a Declaration in writ, and he declared as a Subject, he should subscribe the Covenant as strictly as any, with the Assemblies Declaration; but as His Majesties Commissioner in his name behoved to prefix to his subscription, the Declaration following, which no _Scots_ Subjects should subscribe, or have the benefit of, no not himself as Earle of _Traquair_. The tenor whereof follows:

Seeing this Assembly, according to the laudable form and custome heretofore kept in the like cases, have in an humble and dutiful way, supplicate to us His Majesties Commissioner, and the Lords of His most honourable Privie Councel, That the Covenant, with the explanation of this Assembly, might be subscribed: And to that effect that all the Subjects of this Kingdome by Act of Councel be required to doe the same: And that therein for vindicating themselves from all suspitions of disloyaltie, or derogating from the greatnesse and authoritie of our dread Soveraigne, have therewith added a Clause, whereby this Covenant is declared one in substance with that which was subscribed by His Majesties Father of blessed memory 1580, 1581, 1590. and oftner since renewed. Therefore I as His Majesties Commissioner, for the full satisfaction of the Subjects, and for settling a perfect Peace in Church and Kingdome, doe according to my foresaids Declaration and Subscription, subjoyned to the Act of this Assembly of the date the 17 this instant, allow and consent that the Covenant be subscribed throughout all this Kingdome. In witnes whereof I have subscribed the premisses.

_Like as his Majesties Commissioner, read and gave in the Declaration following, of his consent to the Act of the Assembly_ 17. August, _anent the causes of our by gone evils._

I _John_ Earle of _Traquair_, His Majesties Commissioner this present Assembly, doe in His Majesties Name declare, that nothwithstanding of His Majesties own inclination, and many other grave and weightie consideration yet such is His Majesties incomparable goodnesse, that for settling the present distractions, and giving full satisfaction to the Subject, He doth allow, like as I His Majesties Commissioner do consent to the foresaid Act, and have subscribed the premisses.

_Like as His Majesties Commissioner, read and gave in the Declaration following:_

It is alwayes hereby declared by me His Majesties Commissioner, That the practise of the premisses, prohibited within this Kirk and Kingdome, outwith the Kingdome of _Scotland_ shall never bind nor inferre censure against the practises outwith the Kingdome; which when the Commissioner required to be insert in the Register of the Kirk, and the Moderator in name of the Assembly, refused to give warrant for such practise, as not agreeable with a good conscience His Grace urged, that it should be recorded, at least that he made such a Declaration, whatsoever was the Assemblies Judgement in the contrair: And so it is to be understood to be insert here onely _recitative_.

_Act ordaining the subscription of the Confession of Faith and Covenant, with the Assemblies Declaration._

The Generall Assembly considering the great happiness which may flow from a full and perfect Union of this Kirk and Kingdome, by joyning of all in one and the same Covenant with God, with the Kings Majestie, and amongst our selves, having by our great Oath declared the uprightnesse and loyaltie of our intentions in all our proceedings, and having withall supplicated His Majesties high Commissioner, and the Lords of His Majesties honorable Privie Councell, to injoyn by Act of Councell, all the Lieges in time coming to subscribe the Confession of faith and Covenant, which as a testimony of our fidelity to God and loyaltie to our King we have subscribed; And seeing His Majesties high Commissioner, and the Lords of His Majesties honorable Privie Councell, have granted the desire of our Supplication, ordaining by Civill authority, all His Majesties Lieges in time comming, to subscribe the foresaid Covenant, that our Union may be the more full and perfect, We by our Act and Constitution Ecclesiasticall, do approove the foresaid Covenant, in all the Heads and Clauses thereof and ordains of new, under all Ecclesiasticall censure, that all the Masters of Universities, Colledges, and Schooles, all Schollers at the passing of their degrees, all persons suspect of Papistry, or any other errour; and finally all the members of this Kirk & Kingdome, subscribe the same with these words prefixed to their subscription: _The Article of this Covenant, which was at the first subscription referred to the determination of the General Assembly, being determined. And thereby the five Articles of_ Perth, _the government of the Kirk by Bishops, the civill places and power of Kirkmen, upon the reasons and grounds contained in the Acts of the Generall Assembly declared to be unlawfull within this Kirk: we subscribe according to the determination foresaid._ And ordains the Covenant, with this Declaration, to be insert in the Registers of the Assemblies of this Kirk, Generall, Provinciall, and Presbyteriall, _ad perpetuam rei memoriam_; and in all humility supplicates His Majesties high Commissioner, and the honourable Estates of Parliament, by their authority, to ratifie and injoyne the same, under all civill paines, which will tend to the glory of God, preservation of Religion, the Kings Majesties honour, and perfect peace of this Kirk and Kingdome.

_Act anent Appellations._

The Assembly appointed that in all time hereafter, no Appellations should be leaping over either Presbyterie or Synod, but to ascend by degrees as from the Kirk Session to the Presbytry, or from the Presbyterie to the Synod, and from the Synod to the Generall Assembly, except it be after the Synod be past, and immediatly before the Generall Assembly, or in the time thereof, and renews all former Acts made to this effect.

_Act anent advising with Synods and Presbyteries before determination in Novations._

The Generall Assembly desiring that the intended Reformation being recovered, may be established, Ordains, that no Novation which may disturbe the peace of the Church, and make division, be suddenly proponed and enacted: But so as the motion be first communicate to the severall Synods, Presbyteries and Kirks, that the matter may be approved by all at home, and Commissioners may come well prepared, unanimously to conclude a solide deliberation upon these points in the Generall Assembly.

_Act anent Ministers Catechising, and Family Exercises._

The Assembly considering that the long waited-for fruits of the Gospel, so mercifully planted and preserved in this Land, and Reformation of ourselves, and Families, so solemnly vowed to God of late in our Covenant, cannot take effect, except the knowledge and worship of God be caried from the Pulpit to every family within each Parish, hath therefore appointed that every Minister, besides his paines on the Lords day, shall have weekly catechising of some part of the Paroch, and not altogether cast over the examination of the people, till a litle before the Communion. Also that in every Familie the worship of God be erected, where it is not both Morning and Evening, and that the Children & Servants be catechised at home, by the Masters of the Families, whereof account shall be taken by the Minister, and Elders assisting him in the visitation of every Family: And lest they fail, that visitation of the severall Kirks be seriously followed by every Presbyterie, for this end among others. The execution and successe whereof, being tried by the Synods, let it be represented to the next Generall Assembly.

Sess. 24. Aug. 30. _a meride._

_The Assemblies Supplication to the_ KINGS MAJESTIE.

Most Gracious Souveraigne.

Wee Your Majesties most humble and loyall Subjects, the Commissioners from all the parts of this your Majesties ancient & native Kingdome, and members of the Nationall Assembly, conveened at _Edinburgh_ by your Majesties speciall indiction, and honoured with the presence of Your Majesties high Commissioner, have been waiting for a day of rejoycing, and of solemne thanksgiving to be rendred to God by this whole Kirk and Kingdome, for giving us a King so just and religious, that it is not only lawfull for us to be Christians under Your Majesties government, which sometime hath been the greatest praise of great Princes, but also that it hath pleased Your gracious Maj. to make known that it is Your Royall will and pleasure, that all matters Ecclesiasticall be determined in free Nationall Assemblies, and matters civill in Parliaments; which is a most noble and ample expression of Your Majesties justice, and we trust shall be a powerful mean of our common happinesse under your Majesties most blessed Reign. In the mean while we do most humbly, upon the knees of our hearts, blesse your Majesty for that happinesse already begun in the late Assembly at _Edinburgh_; in the proceedings whereof, next under God, we have laboured to approve our selves unto Your Majesties Vice-gerent, as if Your Majesties eyes had been upon us, which was the desire of our souls, and would have beene the matter of our full rejoycing, and doe still continue Your Majesties most humble supplicants for Your Majesties civill sanction and ratification of the constitutions of the Assembly in Parliament; That your Majesties Princely power, and the Ecclesiasticall Authority joyning in one, the mutuall embracements of religion and justice, of truth and peace may be seen in this Land, which shall be to us as a resurrection from the dead, and shall make us, being not only so farre recovered, but also revived, to fill Heaven and Earth with our praises, and to pray that King CHARLES may be more and more blessed, and His throne established before the Lord for ever.

_The Assembly appoints the next Generall Assembly, to sit at_ Aberdene _the last Tuesday of_ July _next,_ 1640. _years. And warneth all Presbyteries, Universities and Burrows, to send their Commissioners, for keeping the same. And thereafter the Assembly was concluded by giving of thanks by the Moderator, and singing of a Psalme, according to the custome._

THE GENERALL ASSEMBLY, CONVEENED AT ABERDENE, JULY 28. 1640.

Sess. 2. July 29. 1640.

The Assembly having past the first day before they would make any Act in attending of His Majesties Commissioner.

This day the Moderator openly asked in face of the Assembly, if there was any Commissioner come from His Majestie: And finding there was none, the Assembly proceeded according to their Liberties.

_Overtures given in by the Committee appointed by the last Assembly, anent the ordering of the Assembly-house: Which being read in audience of the Assembly they approved the same._

I. The Assembly finds it expedient for the ordering of the House in all time coming, that the Commissioners sit together unmixt, and that the places where they sit be railed about, or some other way divided from the seats of others, and that places be provided without the bounds of the Commissioners seats to persons of respect, who are not Commissioners, and others according to their qualities, as the Magistrates of the Town shall find most convenient.

II. Also that the Commissioners, having received tickets from the Magistrates of the Burgh, at the delivery of their Commissions, whereby they may have ready accesse to the Assemblie-House and place appointed for them, do keep the hour of meeting precisely, and whosoever comes after the time, or shall be found absent at the calling of the Rols, to be censured as the Assemblie sees fitting: And whatsoever Presbyterie, Burgh, or Universitie, shall not send Commissioners, or Commissioners sent from them doe not come at all to the Assembly, be summond unto the next Assembly, and censured as the Assembly shall find reasonable.

III. That foure persons of respect have warrant from the Assembly to injoyne that there be no standing, no din, nor disorderly behaviour; And if any shall disobey them, or direct his speech to any, except to the Moderator, and that one at once with leave at first asked and given, to be rebuked publikely by the Moderator: And if he desist not be removed out of the Assembly for that Session.