Chapter 11

IV. That no motion come in unto the Assembly but by the Committee appointed for matters of that nature: And if the Committee refused to answer the same, let it be proponed to the Assembly with the reasons thereof.

V. That the minutes of ilk Session be read before their rising, and if the matter concerne the whole Kirk, let it be drawn up in forme and read in the beginning of the next ensuing Session, that the Assembly may judge whether or not it bee according to their minde.

_Act anent the demolishing of Idolatrous Monuments._

Forasmuch as the Assembly is informed, that in divers places of this Kingdome, and specially in the North parts of the same, many Idolatrous Monuments, erected and made for Religious worship, are yet extant, Such as Crucifixes, Images of Christ, _Mary_, and Saints departed, ordaines the saids Monuments to be taken down, demolished, and destroyed, and that with all convenient diligence: And that the care of this work shall be incumbent to the Presbyteries and Provinciall Assemblies within this Kingdome, and their Commissioners to report their diligence herein to the next Generall Assembly.

_Act against Witches and Charmers._

The Assembly ordaines all Ministers within the Kingdome, carefully to take notice of Charmers, Witches, and all such abusers of the people, and to urge the Acts of Parliament, to be execute against them: And that the Commissioners from the Assembly to the Parliament, shall recommend to the said supreme judicatory, the care of the execution of the Lawes against such persons in the most behoovefull way.

Sess. 5. Aug. 1. 1640.

_Act for censuring speakers against the Covenant._

The Assembly ordaines, that such as have subscribed the Covenant and speakes against the same, if he be a Minister, shall be deprived: And if he continue so, being deprived, shall be excommunicate: And if he be any other man, shall be dealt with as perjured, and satisfie publikely for his perjury.

Sess. 10. Aug. 5. 1640.

_Act against Expectants refusing to subscribe the Covenant._

The Assembly ordaines, that if any Expectant shall refuse to subscribe the Covenant, he shall be declared uncapable of a Pedagogie, teaching of a School, reading at a Kirk, Preaching within a Presbyterie, and shall not have libertie of residing within a Burgh, Universitie or Colledge: And if they continue obstinate, to be processed.

_The Generall Assembly appoints the next Assembly, to be in_ St. Andrews _the third Tuesday of_ July 1641. _And that the Moderator in a convenient way, by the secret Councell—or otherwise as may best serve, request the Kings Majestie to send his Commissioner to the said Assembly. And if any exigent fall out, that the Presbyterie of_ Edinburgh _give advertisement for an Assembly_ pro re nata.

THE GENERALL ASSEMBLY, HOLDEN AT ST. ANDREWS, AND EDINBURGH. 1641.

Sess. 1. July 20. 1641.

John _Earle of_ Weymes, _His Majesties Commissioner, presented His Majesties Letter to the Assembly, whereof the tenor followeth._

CHARLES R.

Trustie and welbeloved, Wee greet you well. It is no small part of Our Royall care and desires, that the true Reformed Religion, wherein by the grace of God, We resolve to live and dye, be settled peaceably in that Our ancient and native Kingdome of _Scotland_, and that the same be truly taught, and universally received and professed by Our Subjects there, of all degrees. For preventing of all division and trouble hereafter, We did intend in Our Own Royall Person, to have been present at this Assembly; but conceiving it to be unfitting, to detaine the Ministers from their particular charges, till the time of Our coming to the Parliament. We have resolved to make knowne unto you by these, and by Our Commissioner, That in the approaching Parliament, it is Our intention by Our authority, to ratifie and confirm the Constitutions of the late Assembly at _Edinburgh_, that they may be obeyed by all Our Subjects living in that Our Kingdome. And that We will take into Our Royall consideration, by what meanes the Churches belonging to Our presentation, when any of them shall happen to need, may be best provided with well qualified Preachers: Like as We are not unwilling, to grant presentations unto such as in these times of trouble have entred into the Ministerie, providing they have been examined by the Presbyteries, and approved by them: Because We want not Our own feares of the decay of Learning in that Church and Kingdome, We intend also to consider of the best meanes for helping the Scooles and Colledges of Learning especially of Divinity, that there may be such a number of Preachers there, as that each Parish having a Minister, and the Gospel being preached in the most remote parts of the Kingdome, all Our Subjects may taste of Our care in that kinde, and have more and more cause to blesse God that we are set over them. And finally, so tender is Our care, that it shall not be Our fault if the Churches and Colledges there flourish not in Learning and Religion: For which Royall testimonie of Our goodnesse, We require nothing upon your part, but that which God hath bound you unto, even that you be faithfull in the charge committed unto you, and care for the soules of the people: That you study Peace and Unity amongst your selves, and amongst the people, against all Schisme and Faction; and that you not only pray for Us, but that you teach the People, which We trust are not unwilling to pay that honour and obedience which they owe unto Us, as his Vicegerent set over them, for their good; wherein We expect you will by your good example goe before them. Which hoping you will doe, We bid you farewell. _From Our Court at_ Whitehall, _the 10. day of July 1641._

Sess. 3. July 28. 1641.

_Act approving the Overtures of the Assembly at_ Aberdene, _for ordering the Assembly-House_.

The Overtures for ordering the Assembly-House, given in to, and approved by the Assembly of _Aberdene_ the _29. July 1640._ Act Sess. 2 were openly read, and again approved by this Assembly, and ordained to be kept the whole time thereof.

Sess. 5. July 30. 1641.

_Act anent old Ministers bruiking their Benefices._

The Assembly having considered the Supplication given in by Doctor _Robert Howie_, Provest of the new Colledge of S. _Andrews_, whereby he craved, that (notwithstanding of his admission of his charge) he should not be prejudged of his full provision and maintenance during his life time: The Assembly thinks it fit and necessary, that his provision and maintenance should not be diminished, but that he should injoy the same fully, as before during all the dayes of his life time, and craveth his dismission to be only but a cessation from his charge, because of his age and inability: And declares, that old Ministers and professors of Divinitie, shall not by their cessation from their charge, through age and inabilitie, be put from injoing their old maintenance & dignity. And recommends this and others the like things, concerning the estate of that Universitie of S. _Andrews_, to the Parliament, and the Visitation to be appointed from the Assembly & Parliament. And likewise the Assembly being informed, that the said Doctor _Howie_ hath been very painfull in his charge, and that he hath divers papers which would be very profitable for the Kirk: Therefore they think fit, that the said doctor _Howie_ be desired to collect these papers, which doeth concerne, & may be profitable for the use of the Kirk, that the samine may be showne to the Visitors of the said Universitie.

Sess. 8. Aug. 2. 1641. a meridie.

_Act against sudden receiving Ministers deposed._

The Assembly ordaines, that Ministers who are deposed either by Presbyteries, Synods, or Generall Assemblies, or Committees from Assemblies for the publike cause of the Reformation and order of this Kirk, shall not be suddenly received againe to the Ministerie, till they first evidence their repentance both before the Presbyterie and Synod, within the bounds where they were deposed, and thereafter the samine reported to the next ensuing Generall Assembly.

Sess. 9. Aug. 3. 1641.

_The Overtures under-written, concerning the Universities and Colledges of this Kingdome to be represented by the Generall Assembly, to the Kings Majesty and Parliament, being openly read, the Assembly approved the saids Overtures, and ordained them to be recommended to the Parliament._

First, because the good estate both of the Kirk and Commonwealth, dependeth mainly upon the flourishing of Universities and Colledges, as the Seminaries of both, which cannot be expected, unlesse the poore meanes which they have, be helped, and sufficient revenues be provided for them and the same well imployed: Therefore that out of the rents of prelacies; Collegiat or Chapter-Kirks, or such like, a sufficient maintenance be provided for a competent number of Professors, Teachers, and Bursers in all faculties, and especially in Divinitie, and for upholding, repairing, and enlarging the Fabrick of the Colledges, furnishing Libraries, and suchlike good uses in every Universitie and Colledge.

II. Next for keeping of good order, preveening and removing of abuses, and promoving of pietie and learning, it is very needfull & expedient, that there be a communion and correspondencie kept betwixt all the Universities and Colledges. And therefore that it be ordained, that there be a meeting once every year at such times and places as shall be agreed upon, of Commissioners from every University and Colledge to consult and determine upon the common affairs, and whatsoever may concerne them, for the ends above-specified, and who also, or some of their number may represent what shall be needfull and expedient for the same effect, to Parliaments and Generall Assemblies.

III. _Item_, That special care be had that the places of the Professors, especially of Professors of Divinity in every University and Colledge. Be filled with the ablest men, and best affected to the Reformation and order of this Kirk.

Sess. 10. August 4. 1641.

_Act against Impiety and Schisme._

The Assembly seriously considering the present case and condition of this Kirk and Kingdome, what great things the Lord hath done for us, especially since the renewing of our Covenant, notwithstanding our former backsliding and desertion; and if we shall either become remisse in the dueties of Piety, or shall not constantly hold and keep our Religion, unto which we have bound ourselves so straitly and solemnly, what dishonour we doe unto the Name of God before men, who have their eyes upon us, and how great judgements we bring upon our selves, upon these and the like considerations, The Assembly doth finde it most necessary to stirre up themselves, and to provoke all others both Ministers and people of all degrees, not only to the religious exercises of publike worship in the Congregation, and of private worship in their families, and of every one by themselves apart, but also to the duteies of mutual edification, by instruction, admonition, exhorting one another to fordwardnesse in Religion, and comforting one another in whatsoever distresse; and that in all their meetings, whither in the way of civill conversation, or by reason of their particular callings, or any other occasion offered by divine providence, no corrupt communication proceed out of their mouth, but that which is good to the use of edifying, that it may minister grace unto the hearers: And because the best means have been, and may still be despised or abused, and particularly the duetie of mutual edification, which hath been so little in use, and so few know how to practise in the right manner, may be upon the one part subject to the mocking of ungodly and worldly men, who cannot endure that in others, which they are not willing to practise themselves, and upon the other part, to many errors and abuses, to which the godly through their weaknes may fall, or by the craftinesse of others may be drawn into, such as are Error, Heresie, Schisme, Scandal, Self-conceit, and despising of others, pressing above the common calling of Christians, and usurping that which is proper to the Pastoral Vocation, contempt or misregard of the publike means idle and unprofitable questions which edifie not, uncharitable censurings, neglect of duties in particular callings, businesse in other mens Matters and Callings, and many such others in doctrine, charity, and manners, which have dolefully rent the bowels of other Kirks, to the great prejudice of the Gospel.

Therefore the Assembly, moved with the zeal of God against all abuses and corruptions, and according to their manifold obligations, most earnestly desiring and thirsting to promove the work of Reformation, and to have the comfort and power of true godlinesse sensible to every soul, and Religion to be universally practised in every Family, and by every person at all occasions, Doth charge all the Ministers and Members of this Kirk whom they doe represent, that according to their several places and vocations, they endeavour to suppresse all impiety and mocking of religious exercises, especially of such as put foule aspersions, and factious or odious names upon the godly. And upon the other part, that in the fear of God they be aware and spiritually wise, that under the name and pretext of religious exercises, otherwayes lawful and necessary, they fall not into the aforesaid abuses; especially, that they eschew all meetings which are apt to breed Error, Scandall, Schisme, neglect of dueties and particular callings, and such other evils as are the works, not of the spirit, but of the flesh, and are contrary to truth and peace; and that the Presbyteries and Synods have a care to take order with such as transgresse the one way or the other.

Sess. 14. August 6. 1641. a Meridie.

Act _anent Novations_.

Since it hath pleased God to vouchsafe us the libertie of yearly General Assemblies, It is ordained according to the Acts of the Assembly at _Edinburgh_ 1639. and at _Aberdene_ 1640. that no Novation in Doctrine, Worship, or Government, be brought in, or practised in this Kirk, unlesse it be first propounded, examined, and allowed in the General Assembly, and that transgressors in this kinde be censured by Presbyteries and Synods.

Act. Sess. 15. August 7. 1641.

_Overtures anent Bursars, and Expectants._

_The Overtures under-written being openly read in audience of the Assembly, were approved, and declared by them to be Acts of the Assembly, in all time coming, to be observed_ respective, _as the samine bears._

The Assembly thinks meet for maintaining of Bursars of Divinitie, that every Presbyterie that consists of twelve Ministers shall maintain a Bursar, and where the number is fewer nor twelve, shall be joyned with these out of another Presbyterie where their number exceeds; where this course is not already kept, it is to be begun without longer delay, and every Provincial is ordained to give an accompt of their number of Bursars, that is constantly to be entertained by their Province, at the next ensuing General Assembly.

II. No expectant shall be permitted to preach in publike before a Congregation, till first he be tryed after the same manner, howbeit not altogether with that accuracie which is injoyned by the act of the Assembly of _Glasgow_ 1638. which prescribes the order and manner of tryall that is to be kept with these who are to be admitted to the holy Ministrie: and none so tryed shall preach in publike, without the bounds of the University or Presbyterie where he past his tryalls, till he first make it known to the other Presbyteries, where he desires to be heard, by a testimoniall from the Universitie or Presbyterie where he lived, that he hath bin of an honest conversation, and past his tryalls conform to the order here prescribed: Which being done in the meeting of the Province or Presbyterie, where he desires to be heard; he is to be allowed by them to preach within the bounds of that Province or Presbyterie, without any further tryall to be taken of him.

III. Expectants being educate in a Colledge that was corrupt, or under a corrupt Minister, if they themselves have been known to have been tainted with error, or opposite to our Covenant, and the blessed Work of Reformation within this Kirk, the same order is to be kept in admitting them to the holy Ministrie, or to any place in the Colledges or Schooles of this Kingdome, that was ordained to be kept in admission of these Ministers who fled out of the Countrey, and shew themselves opposite to our Covenant and Reformation.

Act Sess. 17. August 9. 1641.

_Act against unlawfull Bands._

The Assembly taking to their consideration the question proponed unto them concerning the Band, the copy whereof was presented before them from the Parliament, doth find and declare that Bands of this and the like nature, may not lawfully be made: By which Declaration the Assembly doth not intend to bring any censure for what is past, and by the wisedome and care of the Committee of the Parliament is taken away, upon any person, who being required by the Moderator and the Clerk, shall under his hand declare before them, That as the Assembly doth finde that the subscribers are not astricted by their Oath to the tenor of the said Band, so he findeth himself not to be astricted by his Oath to the tenor thereof; but the intention of the Assembly is meerly to prevent the like in time coming.

Sess. 18. August 9. 1641. a meridie.

_A Letter from some Ministers in_ England _to the Assemblie._

_Right Reverend and dear Brethren, now conveened in this Generall Assembly,_

Wee most heartily salute you in the Lord, rejoycing with you in his unspeakable goodnesse, so miraculously prospering your late endeavours, both for the restoring and settling of your own Liberties and Priviledges, in Church and common wealth (which we heare and hope he is now about to accomplish) as also for the occasioning and advancing of the Worke of Reformation among our selves; for which as we daily blesse the highest Lord, sole Author of all one good, so doe we acknowledge your selves worthy Instruments thereof. And for that (besides all other respects) doe, and ever shall (by the help of God) hold you deare unto us, as our own bowels, and our selves obliged to tender unto you all due correspondence according to our power, upon all good occasions.

And now (dear Brethren) forasmuch as the Church of Christ is but one body, each part whereof cannot but partake in the weale and woe of the whole, and of Each other part; and these Churches of _England_ and _Scotland_, may seem both to be imbarqued in the same bottome, to sink and swim together, and are so near conjoyned by many strong tyes, not only as fellow members under the same Head Christ, and fellow-subjects under the same King; but also by such neighbour-hood and vicinity of place, that if any evil shall much infest the one, the other cannot bee altogether free: Or if for the present it should, yet in processe of time it would sensibly suffer also. And forasmuch as evils are better remedied in their first beginning, then after they have once taken deep root; therefore we whose names are here under-written, in the behalf of our selves, and of many others, Ministers of the Church of _England_ be bold to commend to your consideration; (being met together in this venerable Assembly) a difference of great concernment, which you may please (in brief) thus to understand. Almighty God having now of his infinite goodnesse raised up our hopes of removing the yoke of Episcopacie (under which we have so long groaned) sundry other forms of Church-government are by sundry sorts of men projected, to be set up in the roome thereof: One of which (amongst others) is of some Brethren that hold the whole power of Church-government, & all Acts thereunto appertaining (as Election, Ordination, and Deposition of Officers, with Admission, Excommunication & Absolution of Members) are by divine Ordinance _in foro externo_, to be decreed by the most voices, in, and of every particular Congregation, which (say they) is the utmost bound of a particular Church: endued with power of Government, & only some Formalities of solemne execution to be reserved to the Officers (as servants of the saids Church) if they have any, or if none, then to be performed by some other members, not in office, whom the said Church shal appoint thereunto, And that every of the said particular Congregations (whether they consists of few or many Members, and be furnished with Offices or not) lawfull: may & ought to transact, determine & execute all matters pertaining to the government of themselves amongst & within themselves without any authoritative (though not consulatory) concurrence or interposition of any other persons or Churches whatsoever, condemning all imperative and decisive power of Classes, or compound Presbyteries and Synods, as a meere usurpation. Now because we conceive that your judgement in this case may conduce much by the blessing of God, to the settling of this question amongst us; Therefore we doe earnestly intreat the same at your hands, and that so much the rather, because we sometimes hear from those of the aforesaid judgement, that some famous and eminent Brethren, even amongst your selves, doe somewhat encline unto an approbation of that way of government. Thus humbly craving pardon for our boldnesse, leaving the matter to your grave considerations, and expecting answer at your convenient leasure, We commit you, and the successe of this your meeting, to the blessing of the Almighty, in whom we shall ever remain.

_London, 12 Ju’y. 1641._

_Your faithfull Brethren to serve you in all offices of love._

_The Assemblies Answer to the English Ministers Letter._

_Right reverend and dearly beloved Brethren in our Lord and common Saviour Jesus Christ._

Wee the Ministers and Elders met together in this Nationall Assembly, were not a little refreshed and comforted by the good report which we heard of you, and others of our Brethren of the Kirk of _England_, by some of our Ministers, who by the good providence of our Lord had seen your faces, and conversed with you. But now yet more comforted by your Letters which we received, and which were read in the face of the Assembly, witnessing your Christian love, and rejoycing with us in God for his great and wonderfull Work in the Reformation of this Kirk, and in the beginning of a blessed Reformation amongst your selves, and that you are so sensible of your communion and fellowship with us, and to desire to know our minde and judgement of that which some Brethren amongst you hold, concerning Kirk-government.