Chapter 14

IV. That the Assembly also from so many reall invitations, are heartened to renew the Proposition made by the aforenamed Commissioners of this Kingdome, for beginning the Work of Reformation, at the uniformity of Kirk-government. For what hope can there be of Unity in Religion, of one Confession of Faith, one Form of Worship, & one Catechisme, till there be first one Forme of Ecclesiasticall Government? Yea, what hope can the Kingdome and Kirk of _Scotland_ have of a firme and durable Peace, till Prelacie, which hath been the main cause of their miseries and troubles, first and last, be plucked up, root and branch, as a plant which God hath not planted, and from which, no better fruits can be expected then such sower grapes, as this day set on edge the Kingdome of _England_?

V. The Prelaticall Hierarchie being put out of the way, the Work will be easie, without forcing of any conscience, to settle in _England_ the government of the Reformed Kirks by Assemblies. For although the Reformed Kirks do hold, without doubting, their Kirk Officers, and Kirk government by Assemblies higher and lower, in their strong and beautifull subordination, to be _jure divinio_, and perpetuall: yet Prelacie, as it differeth from the Office of a Pastor, is almost universally acknowledged by the Prelates themselves, and their adherents, to be but an humane ordinance, introduced by humane reason, and settled by humane Law and Custome for supposed convenience: which therefore by humane authority, without wronging any mans conscience, may be altred and abolished upon so great a necessity, as is a hearty conjunction with all the Reformed Kirks, a firm and well grounded Peace betwixt the two Kingdomes, formerly divided in themselves, and betwixt themselves by this partition wall and a perfect Union of the Kirks in the two Nations: which although by the providence of God in one Hand, & under one Monarch, yet ever since the Reformation, and for the present also, are at greater difference in the point of Kirk-government, which in all places hath a more powerfull influence upon all the parts of Religion, then any other Reformed Kirks, although in Nations at greatest distance, and under divers Princes.

VI. What may be required of the Kirk of _Scotland_ for furthering the Work of Uniformitie of Government, or for agreeing upon a common Confession of Faith, Catechisme, and directory for Worship, shall according to the order given by this Assembly, be most willingly performed by Us, who long extreamly for the day when King and Parliament shall joyn for bringing to passe so great, so good a Work, That all Warres and Commotions ceasing, all Superstition, Idolatry, Heresie, Sects, and Schismes being removed, as the Lord is one, so his name may be one amongst us; and mercy and truth, righteousnesse and peace meeting together, and kissing one another, may dwell in this Iland.

Act Sess. 8. Aug. 3. 1642.

_Overtures for transplantation of Ministers; and provision of Schools, ordained by the late Assembly at_ Edinburgh _to be sent to Synods, and reported to this Assembly._

Act Sess. 11. _Edinb._ August 5. 1642.

_These Overtures underwritten, anent the transporting of Ministers and Professors to Kirks and Colledges, being read in audience of the Assembly, and thereafter revised by a Committee appointed for that effect, The Assembly appoints them to be sent to the severall Synods, to be considered by them, and they to report their judgements thereof to the next Generall Assembly._

I. No transportation would be granted hereafter without citation of parties having interest (_viz._ the Minister who is sought and his Parish) to hear what they can oppose, and the matter is to come first to both the Presbyteries (_viz._ that wherein the Minister dwels, whose transportation is sought, and the other Presbyterie to which he is sought if the Kirks lye in several Presbyteries) and if the Presbyteries agree not, then the matter is to be brought to the Synod, or Generall Assembly (which of them shall first occure after such transportation is sought) and if the Synod (occurring first) agree not; or if there be appeale made from it, then the matter is to come to the Generall Assembly.

II. A Minister may be transplanted from a particular Congregation (where he can onely doe good to a part) to such a place, where he may benefit the whole Kirk of _Scotland_ because, in reason the whole is to be preferred to a part, such as _Edinburgh_.

1. Because all the great Justice Courts sit there, as Councell, Session, Justice Generall, Exchequer, &c. and it concerns the whole Kirk, that these Fountains of Justice be kept clean, both in the point of Faith, and Manners.

2. Because there is great confluence to _Edinburgh_, from time to time, of many of the chief Members of the whole Kingdome, and it concerns the whole Kirk to have these well seasoned, who (apparantly) are to be the Instruments of keeping this Kirk and Kingdome in good temper.

That this may be the more easily done, the Assembly first recommends to _Edinburgh_, that some young men of excellent spirits may be (upon the charges of the said Town) trained up, at home or abroad, toward the Ministery from time to time. Secondly we meane not, that all the places of the Ministrie of _Edinburgh_ be filled with Ministers to be transported by Authority of this Act, but only till they be provided of one Minister (transplanted by the Authority of the Assembly) for every Kirk in _Edinburgh_, and that the rest of the places be filled either according to the Generall Rules of transportation for the whole Kingdome, or by agreement with actuall Ministers, and their Parishes, with consent of the Presbyterie or Synod, to the which they belong.

III. In the next roome, we finde, that it is a transporting of Ministers for publike good, that Colledges, (having the profession of Divinitie) be wel provided of professors.

Wherin the Colledge of Divinitie in S. _Andrews_ is first to be served without taking any Professors or Ministers out of _Edinburg_, _Glasgow_, or _Aberdene_, and then the rest of the Colledges, would be provided for, as their necessity shal require: yet (in respect of the present scarcity) it were good for the Universities to send abroad for able and approved men, to be Professors of Divinitie, that our Ministers may be kept in their pastoriall charge as much as may be.

Towns also wherein Colledges are, are very considerable in the matter of transportation.

IV. Also Congregations, where Noblemen have chief residence are to be regarded, whether planted or unplanted, and a care is to be had, that none be admitted Ministers where Popish Noblemen reside, but such as are able men (especially for controversies) by sight of the Presbyterie: and moreover it is necessary, that such Minesters as dwell where Popish Noblemen are, and are not able for controversies, that they be transported.

V. They who desire the transportation of a Minister should be obliged to give reasons for their desire: Neither should any Presbyterie or Assembly, passe a sentence for transportation of any Minister, till they give reasons for the expediencie of the same, both to him and his Congregation, &c. to the Presbyterie whereof he is a member. If they acquiesce to the reasons given, it is so much the better: if they doe not acquiesce, yet the Presbyterie, or Assembly, (by giving such reasons before the passing of their sentence) shal make it manifest, that what they doe is not _pro arbritratu, vel imperio_ onely, but upon grounds of reason.

VI. Because there is such scarcity of Ministers having the _Iris_ tongue, necessity requires, that when they be found in the Low-lands, they be transported to the High-lands: providing their condition be not made worse, but rather better by their transportation.

VII. In the point of voluntary transportation, no Minister shal transact and agree with any Parish, to be transsported thereto, without a full hearing of him, and his Parish, before the Presbyterie to which he belongs in his present charge, or superiour Kirk judicatories, if need shall be.

VIII. The planting of vacant Kirks, is not to be tyed to any (either Ministers, or Expectants) within a Presbyterie: but a free election is to be; according to the order of our Kirk, and Lawes of our Kingdome.

IX. The chief Burghs of the Kingdome are to be desired to traine up young men of excellent spirits for the ministery, according to their power, as was recommended to _Edinburgh_: Which course will in time (God willing) prevent many transplantations.

_The Overtures under-written anent the Schooles being likewise read in audience of the Assembly, they recommend the particulars therein mentioned, anent the providing of the maintenance for School-masters to the Parliament: And ordaine the rest to be sent to the Synods, to be considered by them, and they to report their judgements thereof to the next General Assembly, as said is._

I. Every Parish would have a Reader and a Schoole, where Children are to be bred, in reading, writing, and grounds of Religion, according to the laudable Acts, both of Kirk and Parliament, made before.

And where Grammar Schooles may be had, as in Burghs, and other considerable places, (among which all Presbyterial Seats are to be reputed) that they be erected, and held hand to.

II. Anent these Schooles, every Minister with his Elders shall give accompt to the Presbyteries at the visitation of the Kirk: The Presbyteries are to make report to the Synode, and the Synode to the General Assembly, that Schools are planted, as above said, and how they are provided with men and means.

III. And because this hath been most neglected in the High-lands, Ilands, and borders. Therefore the Ministers of every Parish are to instruct by their Commissioners, to the next General Assembly, that this course is begun betwixt and then: and they are further to certifie from one General Assembly to another, whether this course is continued without omission, or not.

IV. And because the means hitherto named or appointed for Schooles of all sorts, hath been both little, and ill payed, Therefore, beside former appointments, (the execution whereof is humbly desired, and to be petitioned for at the hands of His Majestie and the Parliament) the Assembly would further supplicate this Parliament that they (in their wisdome) would finde out how meanes shall be had for so good an use, especially that the Children of poore men, being very capable of learning, and of good engines, may be trained up, according as the exigence and necessity of every place shall require. And that the Commissioners, who shall be named by this Assembly, to wait upon the Parliament may be appointed to represent this to his Majestie, and the Parliament, seeing His sacred Majestie, by his gracious Letter hath put us in hope hereof, wherewith we have been much refreshed.

V. The Assembly would supplicate the Parliament, that for youths of the finest and best spirits of the High-lands, and borders, maintenance may be allotted (as to Bursars) to be bred in Universities.

VI. For the time and manner of visitation of Schooles, and contriving the best and most compendious and orderly course of teaching Grammar, we humbly desire the Assembly to appoint a Committee for that effect, who may report their diligence to the next General Assembly.

_The Overtures and Articles above-written being reported to this Assembly, after reading and serious consideration thereof, the Assembly approves the same, and ordaines them to have the strength of an Act and ordinance of Assembly, in all time-coming._

Sess. 11. August 5. 1642.

_Act anent contrary Oaths._

The Generall Assembly finding the inconvenience of contrary Oaths in trying of Adulteries, Fornications, and other faults and scandals, do therefore for eviting there of, discharge Synods, Presbyteries and Sessions, to take Oath of both parties in all time hereafter, Recommending to them in the mean time all other order and wayes of tryall used in such cases: And that there may be a common order and course kept in this Kirk of trying of publike scandals, The Assembly ordains the Presbyteries to advise upon some common order hereintill, and to report their judgements to the next Assembly.

_Overtures anent Family Exercises, Catechising, keeping of Synods and Presbyteries, and restraint of Adulteries, Witch-crafts, and other grosse sins._

_The Committee supplicates the Assembly_,

I. To urge the severall Synods and Presbyteries, especially these of the North, that Family Exercise in Religion, visitation of the Churches, Catechising, keeping of the Presbyteriall and Provinciall meetings (both by Preaching and Ruling Elders) be more carefully observed.

II. That the Clerk at least subscribe every Book before it come to the Assembly, and that every Act be noted on the Margent, for a directory of expedition.

III. That the Assembly would seriously studie by all meanes and wayes how to procure the Magistrates concurrence to curb and punish these notorious vices which abound in the Land, especially in the Northern parts.

_The Assembly approves the Overtures foresaids, and ordains them to be observed: and for the last, the Assembly being confident of __ the readinesse of the Judge Ordinar to restrain and punish these faults, Do therefore ordain all Presbyteries to give up to the Justice, the names of the Adulterers, incestuous persons, Witches and sorcerers and others guilty of such grosse and fearfull sins within their bounds that they may be Processed and punished according to the Laws of this Kingdom; and that the Presbyteries and Synods be carefull herein, as they will answer to the Generall Assemblies, And because that Witch craft, Charming, and such like proceeds many times from ignorance, Therefore the Assembly ordains all Ministers, especially in these parts where these sins are frequent, to be diligently Preaching, Cathichising, and conferring, to inform their people thereintill._

Sess. 11. Aug. 5. 1642.

_Act against Petitions, Declarations, & suchlike in name of Ministers, without their knowledge and consents._

The Generall Assembly being informed, that after the Petition presented to the Lords of His Majesties Privie Councell by the Noblemen Burgesses, and Ministers, occasionally met at _Edinburg_ the 31. day of _May_ last by-past, had received a very gracious Answer, There was another Petition given in to their Lordships upon the 2 day of _June_ last, entituled, The Petition of the Nobilitie, Gentrie, Burrows, Ministers, and Commons: which as it was not accompanied with any one Minister to the Lords of Privie Councell, so all the Ministers of this Assembly, disclaimes and disavoweth any knowledge thereof, or accession thereto, And the Assembly conceiving that the Kings Majestie Himself, and all the Courts and Judicatories of this Kingdome may be deluded and abused, and the Kirk in Generall, and Ministers in particular injured and prejudged by the like practises hereafter, Do therefore prohibite and discharge all and every one to pretend or use the name of Ministers to any Petition, Declaration, or suchlike at any time hereafter, without their knowledge consent and assistance: And if any shal doe the contrary, ordaines Presbyteries and Provinciall Assemblies to proceed against them with the highest censures of the Kirk.

Sess 11. Aug. 5. 1642.

_Act anent the Assemblies desires to the Lords of Counsell, and Conservators of Peace._

The Assembly being most desirous to use all, and to omit no lawful meane or occasion to testifie their zeale by dealing with God and man, for furtherance of their desires of Unity in Religion and uniformity of Kirk-government, And considering the great necessity, that the Kirk and State contribute joyntly their best endeavours to this happy end: Therefore enjoynes the Moderator, and the commissioners from the Assembly, to supplicate with all earnestnesse and respect, the Lords of his Majesties Honourable Privie Councel, and likewise the Commissioners appointed by His Majestie, and the Parliament, for conservation of the Peace, that they may be pleased to concur with the Kirk in the like desires to His Majesty and the Parliament of _England_, and in the like directions to the Commissioners of this Kingdome, at _London_ for the time, that by all possible means, Civill, and Ecclesiastick, this blessed Worke may be advanced, and a happy settling betwixt His Majestie and His Parliament, may be endeavoured, and the common Peace betwixt the Kingdomes continued and strengthened.

Sess. 11. Aug 5. 1642.

_The Assemblies humble desire to the Kings Majestie for the Signator of 500 l. Sterling and recommendation thereof to the Kings Commissioner._

The Generall Assembly having received the Report of the proceedings of the Commissioners of the late Assembly, and specially that His Majesty was graciously pleased, upon their humble Petition, solemnly to promise and declare under his Royall hand, his pious resolution and dedication of 500. l. sterling, out of the readiest of his Rents and revenues, to be imployed yearly on publike necessary and pious uses of the Kirk, at the sight of the Generall Assembly, as his Majestie gracious answer of the 3. of _January_, 1642. registrate in their books at His Majesties own desire, for their further assurance of his Majesties pious zeale, doth more fully proport. Likeas being informed that His Majestie was gratiously pleased to signe and send down to the Kirk the Signator of the said 500. l. yearly to have past the Exchequer, albeit the samine is not as yet delivered; And considering His Majesties pious directions to them by his Majesties Letter to plant and visit the utmost skirts and borders of the Kingdome, as most necessary for the glory of God, the good of the Kirk, and His Majesties honour, and service, which is only stopped by the want of charges for publike visitations, And withall to remonstrate to His Majestie by His Commissioner, their just and necessary desires for what may further serve to the good of Religion, whereunto His Majesties Commissioner promised his best endeavours and assistance. Therefore the Assembly doth most earnestly recommend to His Majesties Commissioner to represent to His Majestie, with his best assistance, the humble and necessary desires of the whole Assembly, that His Majestie will be graciously pleased to command that Signator, already signed by His Royall hand (or to signe another of the samine tenor, whereof they deliver the just double to his Maj Commissioner for that effect) to be sent to this Kingdom, and delivered to the Commissioners from this Assembly, who are to sit at _Edinburgh_, or to the Procurator of the Kirk, whereby his Majestie shall more and more oblige this whole Kirk to pray for a blessing from Heaven upon His Royal Person and Government.

Sess. 11. Aug. 5. 1642.

_The Assemblies Letter to the Commissioners of this Kingdom at_ London.

_Right Honourable_,

We have received your Lordships Letter, with the Declaration of the Parliament of _England_, and have sent this Noble bearer to His Majesty with our humble Supplication, and to your Lordships with our Answer earnestly desiring Unity of Religion, and Uniformity of Kirk-government, to be presented by your Lordships, and this Noble bearer to the Honourable Houses of Parliament. Your Lordships will perceive by the inclosed Copies, and by our desires to His Majesties honourable Privie Councel and Commissioners for the conservation of the Peace, to joyn their best endeavours with his Majestie and the Parliament, and their directions to your Lordships, by our leaving a Commission behinde us, to concur with them in all Ecclesiastick wayes, and by our appointing publike Prayers, and a solemn Fast through this Kirk, for the furtherance of this great work of Reformation, and continuance of the common Peace, that this Unity in Religion and uniformity of Kirk-government is the chiefest of our desires, prayers and cares: Where unto as we have been encouraged by the faithful labors of the Commissioners of this Kingdom in the late Treaty, and continued and renewed by your Lordships; so we are assured, that your Lordships will omit no lawful mean, argument, or occasion of seconding the same there, And advertising our Commissioners at _Edinburgh_, wherein they may further concur with your Lordships, for the furtherance of the Work, which tends so much to the glory of God, advancement of Christs Kingdom, increase of the honour and happinesse of our Soveraign, and the peace and welfare of these Kingdoms, whereby your Lordships will oblige this Kirk more and more to pray for a blessing on your persons and travels, and to rest.

_Yours in the Lord_ _The Commissioners of the General Assembly._

S. Andrews _5. Aug. 1642._

_A Letter from some Ministers of_ England.

_Reverend and wel-beloved in our Lord and Saviour._