Chapter 12

We doe with our hearts acknowledge and wonder at the great and unspeakable wisedome, mercie, and power of our God, in restoring unto us the truth and puritie of Religion, after many Back-slidings and defection of some in this Kirk, & desire not only to confesse the same before the world, and all other Christian Kirks, but also doe pray for grace to walk worthy of so wonderful a love: We have been helped by your prayers, in our weak endeavours, & you have mourned with us, (we know) in the dayes of our mourning; and therefore is it that you doe now rejoyce and praise God with us. Neither are we out of hope, but the same God shall speedily perfect that which he hath begun amongst you, that your joy may be full, which is the desire of our soule, and for which we doe now pray, and in our severall Congregations will be instant at the throne of grace, for this and all other spirituall and temporall blessings upon the Kirk and Kingdome of _England_, by name, expecting the like performance of mutuall love from you and others equally minded with you, for your parts, till a common consent may be obtained, even that you will recommend the Kirk of _Scotland_ by name in your prayers to God. Thus shall we be as one people, mourning and rejoycing, praying and praising together; which may be one meane of the preservation of Unity, and of many other blessings to us both.

We have learned by long experience, ever since the time of the Reformation, and specially after the two Kingdomes have been (in the great goodnesse of God to both) united under one Head and Monarch, but most of all of late, which is not unknown to you, what danger and contagion in matters of Kirk-government, of divine worship, and of doctrine, may come from the one Kirk to the other, which beside all other reasons make us to pray to God, and to desire you, and all that love the honour of Christ, and the peace of these Kirks and Kingdomes, heartily to endeavour, that there might be in both Kirks, one Confession, one Directory for publicke worship, one Catechisme, and one Forme of Kirk-government. And if the Lord who hath done great things for us, shall be pleased to hearken unto our desires, and to accept of our endeavours, we shall not only have a sure foundation for a durable Peace, but shall be strong in God, against the rising or spreading of Heresie and Schisme amongst our selves, and of invasion from forraine enemies.

Concerning the different Formes of Kirk-government, projected by sundrie sorts of men, to be set up in place of Episcopall Hierarchie, which we trust is brought near unto its period, we must confesse, that we are not a little grieved that any godly Ministers and Brethren should be found, who doe not agree with other Reformed Kirks in the point of government as well as in the matter of Doctrine and worship; and that we want not our own feares, that where the hedge of Discipline and Government is different, the Doctrine and Worship shall not long continue the same without change: yet doe not marvell much, that particular Kirks and Congregations which live in such places, as that they can conveniently have no dependencie upon superiour Assemblies, should stand for a kind of independencie and supremacie in themselves, they not considering that in a nation or Kingdome, professing the same Religion, the government of the Kirk by compound Presbyteries and Synods is a help and strength, and not a hinderance or prejudice to particular Congregations and Elderships, in all the parts of Kirk-government; and that Presbyteries and Synods are not an extrinsecall power set over particular Kirks, like unto Episcopal dominion, they being no more to be reputed extrinsecal unto the particular Kirks, nor the power of a Parliament, or Convention of Estates, where the Shires and Cities have their own Delegates, is to be held extrinsecal to any particular Shire or City.

Our unanimous judgement and uniforme practice, is, that according to the order of the Reformed Kirks, and the ordinance of God in his Word, not onely the solemne execution of Ecclesiastical power and authoritie, but the whole acts and exercise thereof, do properly belong unto the Officers of the Kirk; yet so that in matters of chiefest importance, the tacite consent of the Congregation be had, before their decrees and sentences receive final execution, and that the Officers of a particular Congregation, may not exercise this power independently, but with subordination unto greater Presbyteries and Synods, Provincial and National: Which as they are representative of the particular Kirks conjoyned together in one under their government; so their determination, when they proceed orderly, whether in causes common to all, or many of the Kirks, or in causes brought before them by appellations or references from the inferiour, in the case of aberation of the inferiour, is to the several Congregations authoritative and obligatorie and not consultatory only: And this dependencie and subordination, we conceive not only to be warranted by the light of nature, which doth direct the Kirk in such things as are common to other societies, or to be a prudential way for Reformation, and for the preservation of Truth and Peace, against Schisme, Heresie, and Tyranny, which is the sweet fruits of this government wheresoever hath place, and which we have found in ancient and late experience; but also to be grounded upon the Word of God, and to be conforme to the paterne of the Primitive and Apostolical Kirks: And without which, neither could the Kirks in this Kingdome have been reformed, nor were we able for any time to preserve Truth and Unity amongst us.

In this forme of Kirk-government, our unanimity and harmony by the mercy of God, is so full and perfect, that all the Members of this Assembly have declared themselves to be of one heart, and of one soule, and to be no lesse perswaded, that it is of God, then that Episcopal government is of men; resolving by the grace of God, to hold the same constantly all the dayes of our life, and heartily wishing that God would blesse all the Christians Kirks, especially the famous Kirk of _England_, unto which in all other respects we are so nearly joyned with this divine Forme of government. Thus having briefly and plainly given our judgement for your satisfaction, and desiring and hoping that ye will beleeve against all mis-reports, that we know not so much as one man, more or lesse eminent amongst us, of a different judgement, we commend you unto the riches of the grace of Christ, who will perfect that which he had begun amongst you, to your unspeakable comfort. Subscribed by our Moderator and Clerk.

_Edinburgh 9. August, 1641._

_The Assemblies Answer to the Kings Majesties Letter._

Most gracious Soveraign,

Beside the conscience of that duetie which we owe to supreme Authority, we are not only encouraged, but confirmed by the Royal favour and Princely munificence, expressed in Your gracious Majesties Letters, which filled our hearts with joy, and our mouths with praise, to offer up our prayers with the greater fervencie to God Almightie for your Majesties happinesse, our selves for our own parts, and for the whole Kirks of this your Majesties Kingdome, which we doe represent, to serve Your Majestie in all humble obedience, our faithful labours for preserving Trueth and Peace amongst all Your Majesties Subjects, and our example (according to Your Majesties just commandments laid upon us) to be a presedent to others in paying that honour, which by all Lawes divine and humane, is due unto Your sacred Majestie, being confident that your Majestie shall finde at your coming hither much more satisfaction and content then can be expressed by

_Your Majesties most humble Subjects and faithful Servants, the Ministers and Elders met together in the vonerable Assembly at_ St. Andrews, _July 20, and_ Edinburgh, _July 27. 1641._

_Act anent the Kirk of_ Campheir.

The which day a motion was made in the Assembly, that it seemed expedient for correspondencie that might be had from forraigne parts, for the weal of this Kirk, That the Scots Kirk at _Campheir_ were joyned to the Kirk of _Scotland_, as a Member thereof: Which being seriously thought upon and considered by the Assembly, they approved the motion, and ordained Master _Robert Baillie_ Minister at _Cilwinning_, to write to Master _William Spang_ Minister at _Campheir_, and Kirk-Session thereof, willing them to send their Minister, and a ruling Elder, instructed with a Commission to the next General Assembly to be holden at St _Andrews_, the last Wednesday of _July 1642._ at which time they should be inrolled in the Books of the General Assembly, as the Commissioners of the General Assembly of _Scotland_, from the Scots Kirk at _Campheir_.

_The Assembly appoints the next General Assembly to be holden at_ St. Andrews, _the last Wednesday of_ July _next_, 1642.

THE GENERALL ASSEMBLY, CONVEENED AT S. ANDREWS, JULY 27. 1642.

Act Sess. 1. July 27. 1642.

_The Kings Letter to the Generall Assembly, presented by His Majesties Commissioner, the Earle of_ Dumfermling, _July 27. 1642._

CHARLES R.

In the midst of Our great and weighty affaires of Our other kingdoms, which God Almighty, who is privie to Our Intentions, and in whom We trust, will in his own time bring to a wished and peaceable conclusion, We are not unmindfull of that duetie which we owe to that Our ancient and native Kingdome, and to the Kirks there, now met together by their Commissioners in a Nationall Assembly. God whose Vice-gerent We are, hath made Us a King over divers Kingdomes, and We have no other desire, nor designe, but to govern them by their own Lawes, and the Kirks in them by their own Canons and Constitutions. Where any thing is found to be amisse, We will endeavour a Reformation in a fair and orderly way; and where a Reformation is settled, We resolve, with that authoritie where with God hath in vested Us, to maintain and defend it in peace and libertie, against all trouble that can come from without, and against all Heresies, Sects, and Schismes which may arise from within. Nor do We desire any thing more in that Kingdom (and when We shall hear of it, it shall be a delight and matter of gladnesse unto Us) then that the Gospel be faithfully preached throughout the whole Kingdom, to the outmost skirts and borders thereof. Knowing that to be the mean of honour to God, of happinesse to the people, and of true obedience to Us. And for this effect, that holy and able men be put in places of the Ministery, and that Schooles and Colledges may flourish in Learning and true Pietie. Some things for advancing of those ends, We did of Our own accord promise in Our Letters to the last Assembly, and We make your selves Judges, who were witnesses to Our Actions, while We were there in Person, whether we did not perform them both in the point of presentations which are in our hands, and in the liberall provision of all the Universities and Colledges of the Kingdome, not only above that which any of Our Progenitors had done before Us, but also above your owne hopes and expectation. We doe not make commemoration of this Our Beneficence, either to please Ourselves, or to stop the influence of Our Royal goodnesse and Bountie for afterward, but that by these reall demonstrations of Our unfained desires and delight to do good, you may be the more confident to expect from Us, whatsoever in Justice We can grant, or what may be expedient for you to obtaine. We have given expresse charge to Our Commissioner, to see that all things be done there orderly and peaceably, as if We were present in Our Own Person; not doubting but in thankfulnesse for your present estate and condition, you will abstaine from every thing that may make any new disturbance, and that you will be more wise then to be the enemies of your own peace, which would but stumble others, and ruine your selves. We have also commanded Our Commissioner to receive from you your just and reasonable desires, for what may further serve for the good of Religion, that taking them to Our consideration, We may omit nothing which may witnesse Us to be indeed a nursing Father of that Kirk, wherein We were born and baptized, and that if ye be not happy, you may blame not Us, but your selves. And now what doe We again require of you, but that which otherwise you owe to Us as your Soveraigne Lord and King, even that ye pray for Our prosperitie and the peace of Our Kingdomes, that ye use the best meanes to keep Our People in obedience to Us and Our Lawes, which doth very much in Our personall absence from that Our Kingdom depend upon your preaching, and your owne exemplary loyaltie and faithfulnesse, and that against all such jealousies, suspitions, and sinister rumors as are too frequent in these times, and have been often falsified in time past, by the reality of the contrary events: Ye judge Us and Our professions by Our actions, which we trust through God in despight of malice shall ever go on in a constant way for the good of Religion, and the weal of Our People, which is the Chiefest of Our intentions and desires. And thus We bid you farewell. _Given at Our Court at_ Leicester, _the 23. of_ July, 1642.

_To Our trusty and wel beloved the Generall Assembly in our Kingdom of_ Scotland _conveened at_ S. Andrews.

Act Sess 3. July 29. 1642.

_Act for bringing in of the Synode Books yeerly to the General Assemblies._

The Moderator calling to minde that which was forgotten in the preceeding Sessions, the examination of the Provincial Books, caused call the Roll of the Provinciall Assemblies, And the Assembly finding very few Provinces to have sent their Books to this Assembly, notwithstanding of the ordinance of the former Assembly thereanent, for the more exact obedience of that ordinance hereafter, the Assembly in one voyce ordaines, That the Books of every Provincial Assembly shall be brought and produced to every General Assembly: And that this may be performed, ordaines that every Clerk of the Provincials, either bring or send the said Books yearly to the General Assemblies, by the Commissioners sent to the Assemblies, from these Presbyteries where the Clerks reside. Which charge the Assembly also layes upon the said Commissioners, sent from the saids Presbyteries where the Clerks reside, may and while some meanes be provided, whereby the Clerks charges may be sustained for coming with the saids Books themselves: And that under the pain of deprivation of the Clerk, in case of his neglect, and of such censure of the saids Commissioners, in case of their neglect as the Assembly shall think convenient.

Act Sess 5. August 1. 1642.

_Act anent the choosing of Kirk Sessions._

Anent the question moved to the Assembly, concerning the election of Kirk Sessions, The Assembly 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 Assembly 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 Noblemens 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 Assembly 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 Assembly 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 Petition, tendred by the Commissioners of the late Assembly 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 Assembly, this day at length beares. And suchlike whereas the Lords of Exchequer upon a Petition presented to them by the Commissioners of the Generall Assembly, 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 passing 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 passe 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 Assembly, 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 Assembly 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 Assembly, 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 Assembly, 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 Assembly, 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 Assembly, 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 Assemblies, 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 Assembly, who rather think, that in respect of this Order, there should be a more exact tryal of Expectants then before: Therefore the Assembly 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 space 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 Assembly at _Glasgow_, in the 24. Article of the Act of the 23. Session thereof: which tryall of the Assembly 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 Assembly 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 Assemblies, in manner foresaid: Therefore in the _interim_ the Assembly 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 Assembly, that the Assembly 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 Assembly 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 Assembly 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._