Chapter 38

The Generall Assembly, taking to their serious consideration, the great scandals which have lately encreased, partly through some Ministers their reserving and not declaring of themselves against the prevalent sins of the times, partly through the spite, Malignity, and insolency of others against such Ministers as have faithfully and freely reproved the Sins of the times without respect of persons, Do therefore for preventing and removing such scandals hereafter, Appoint and Ordain, that every Minister do by the word of Wisdom apply his Doctrine faithfully against the publick Sins and Corruptions of these times, and particularly against the Sins and Scandals in that Congregation wherein he lives, according to the Act of the Generall Assembly 1596. revived by the Assembly at _Glasgow_, 1638. Appointing that such as shall be found not applying their Doctrine to corruptions, which is the Pastorall gift, cold, and wanting of Spirituall zeal, flatters and dissembling of publick sins, and especially of great Personages in their Congregations, that all such persons be censured according to the degree of their faults and continuing therein be deprived; And according to the Act of the Generall Assembly 1646. _Sess._ 10. That beside all other scandals, silence, or ambiguous speaking in the publike Cause much more detracting and disaffected speeches be seasonably censured; As therefore the Errours and exorbitancies of Sectaries in England are not to be passed in silence, but plain warning to be given of the danger of so near a contagion, that people may beware of it, and such as neglect this duty to be Censured by their Presbyteries, So it is thought fit and Appointted by the Assembly, conform to the foresaid Acts. That the main current of applications in Sermons may run along against the evils that prevail at home, and namely against the contempt of the Word, against all profanesse, against the present defection from the League and Covenant, against the unlawful Engagement in War, against the unlawful Band and Declaration of the Date of the 10. of June ordained to be subscribed by all the Subjects, and other unjust Decrees established by Law, against the Plots and Practises of Malignants, and against the Principles and Tenents of _Erastianism_, which spread among divers in this Kingdom; For the better confutation whereof, it is hereby Recommended to the Ministery to study that point of controversie well, that they may be the more able to stop the mouths of gainsayers: Tis also hereby Recommended to the several Presbyteries and Provincial Synods, that they make special enquiry and trial concerning all the Ministery in their bounds, And if any be found too sparing general, or ambiguous in the foresaid applications and reproofs that they be sharply rebuked, dealt with, and warned to amend under the pain of suspension from their Ministery; And if after such warning given they amend not, that such be suspended by Presbyteries, and in case of their negligence by the Synods till the next General Assembly; But if there be any, who do neglect and omit such applications and reproofs, and continue in such negligence after admonition and dealing with them, they are to be cited, and after due triall of the offence to be deposed, for being pleasers of men rather then servants of _Christ_, for giving themselves to a detestable indifferency or neutrality in the Cause of God, &c. for defrauding the souls of people, yea for being highly guilty of the blood of souls in not giving them warning: Much more are such Ministers to be censured with Deposition from their Ministry who preach for the lawfulnes or pray for the success of the present unlawfull Engagement, or that go along with the Army themselves, or who subscribe any Bands or take any Oaths not approved by the General Assembly or their Commissioners, or by their counsel, countenance or approbation make themselves accessory to the taking of such Bands and Oaths by others: It is to be understood that if any Minister preach in defence of or pray for the successe of the Sectaries in _England_, he is likewayes to be censured by deposition. And this we adde as a generall rule to be observed on both hands, but not as if we had found any of the Ministery of this Kingdom to be favourers of the Sectaries in _England_:

And in case any Minister for his freedom in preaching, and faithfull discharge of his conscience shall be in the face of the Congregation or elsewhere upbraided, railed at, mocked, or threatened, or if any injury or violence be done to his person, or any stop and disturbance made to him in the exercise of his Ministeriall calling, The Presbyterie of the bounds shall forthwith enter in processe with the offender, and whoever he be Charge him to satisfie the Discipline of the Kirk by publick Repentance, which if any do not, or refuse to do, That then the Presbyterie proceed to Excommunication against him; In all which Presbyteries and Synods are to give an account of their diligence: And the Assembly Appoints this Act to be intimate in the several Congregations of this Kirk.

August 4. 1648. _Postmeridiem_, Sess. 21.

_Overtures concerning the education of the Hie-land Boys in the Province of_ Argyle.

This day the report following being made from the Committee concerning the education of Hie-land Boys in _Argyle_, viz.

_The Committee considering the Bill remitted by the Generall Assembly to us concerning the Hie-land Boys_ (_who are given up to be fourty in number of good spirits and approven by the Province of_ Argyle) _Do humbly think, that four of them who are ready for the Colledge should be recommended to the Universities to get Burses on in every Colledge. As for the rest of the 40, who are to be brought up at Grammar Schools, The Committee thinks that if the said Boys should be scattered through the Kingdom they should lose the Irish Language, and so the Assembly shall fail of their purpose to make them usefull for the Hie-lands: And therefore do humbly conceive that it were fitting that every Congregation pay yearly fourty Shillings Scots for maintaining the said Boys at Schools in_ Glasgow, _or in other places where many of them may be together accepted of, and that the money be brought in yearly to the General Assembly by the Commissioners of Presbyteries, and that Presbyteries augment or diminish the said proportion according to the ability of every Congregation._

The Assembly having considered the foresaid Report, Approves the first Overture, And recommends _Colin Campbell_ to the University of _Aberdeen_, _Duncan Campbell_ to _Edinburgh_, _Patrick Campbell_ to _Glasgow_, _Zachary Maccullum_ to St. _Leonards_ Colledge in St. _Andrews_: As also Approve the second Overture, seriously Recommending to Presbyteries, That the said fourty shillings be collected carefully and sent to _Glasgow_, And the Ministers of _Glasgow_ shall appoint some sufficient man in that Town to receive the said Collection from Presbyteries, And to take charge of the boording and entertainment of the saids Boys in _Glasgow_ at Schooles, and they shall send in the names of the Boys with a Certificate of their proficiency yearly to the Generall Assembly: And this Collection shall onely endure for the space of twelve years.

August 5. 1648. _Antemeridiem,_ Sess. 30.

_Explanation of the fifth Article of the Overtures concerning Appeals past in the Assembly, 1643._

The Generall Assembly for clearing the sense of the fifth Article of the Overtures concerning Appeals in the Assembly, _1643. Sess. 2_ Declare, that if Appellations, _Post latam sententiam_ be not presented to the Judicatory when the sentence is pronounced: The party shall then immediately after the sentence protest for liberty of Appeal, as he shall see cause; And accordingly within ten dayes shall give in his Appeal in writ under his hand, either to the Judicatory or the Moderator thereof, otherwise the Appeal is not to be respected.

_Eodem die 1648. Antemeridiem,_ Sess. 30.

_Act discharging deposed or suspended Ministers from any exercise of the Ministery, or medling with the stipend._

The Generall Assembly considering that according to the ancient practise and order of this Kirk, the Censure of Suspension and Deposition of Ministers is both _ab officio_ and _â beuoficio_, as is also acknowledged by the 20. Act of the Parliament, _Anno 1644._ And that the continuance of suspended or deposed Ministers in the exercise of the Ministery or in the possession of their stipend hath been & ought to be accompted and censured as a great contempt of the Authority and Censures of the Kirk, Considering also that the continuance of deposed Ministers in the possession of the stipend, is a great prejudice and obstruction to the planting of the vaiking Kirk, and to the service of God there. Therefore do declare and Ordain, That whosoever after the sentence of Deposition pronounced against them, Do either exercise any part of the Ministeriall calling in the places they formerly served in; or elsewhere, or do possesse, meddle, or intromet with the stipend or other benefits whatsoever belonging to these Kirks they served at, They shall be proceeded against with Excommunication; And if any suspended Minister during his suspension, either exercise any part of the Ministeriall Calling, or intromet with the Stipend, That he be Deposed, And after deposition, continuing in either of these faults, That he be processed with Excommunication; But prejudice always to them of their stipend resting for by-gone service and of any recompence due for building or repairing of the Manse according to the ordinary practise. And the Assembly recommends to Presbyteries seriously to be carefull of the putting of this Act in execution.

August 7. 1648. _Antemeridiem._ Sess 31.

_The Assemblies Declaration of the falsehood and forgerie of a lying scandalous Pamphlet put forth under the name of their Reverend Brother Mastr_ Alexander Henderson _after hes death._

The Generall Assembly of this Kirk having seen a Printed Paper, Intituled, _The Declaration of_ Mr. Alexander Henderson _principall Minister of the Word of GOD at_ Edinburgh _and chief Commissioner from the Kirk of_ Scotland _to the Parliament and Synod of_ England _made upon his death-bed._ And taking into their serious consideration how many grosse lies and impudent calumnies are therein contained; Out of the tender respect which they do bear to his name (which ought to be very precious to them and all posterity, for his faithfull service in the great Work of Reformation in these Kingdoms, wherein the Lord was pleased to make him eminently instrumentall) and lest through the malice of some, and ignorance of others the said Pamphlet should gain belief among the weaker sort, They have thought fit to make known and declare concerning the same as followeth.

That after due search and tryall they do finde that their worthy brother Master _Alexander Henderson_ did from the time of his coming from _London_ to _Newcastle_ til the last moment of his departure out of this life upon all occasions manifest the constancy of his judgement touching the Work of Reformation in these Kingdoms; Namely, in all his discourses and conferences with his Majesty, and with his Brethren who were employed with him in the same Trust at _Newcastle_, In his Letters to the Commissioners at _London_, and particularly in his last discourse to his Majestie at his departing from _Newcastle_, being very weak and greatly decayed in his Naturall strength. When he was come from _Newcastle_ by sea to this Kingdom, he was in such a weak worn and failed condition, as it was evident to all who saw him, that he was not able to frame any such Declaration, for he was so spent that he died within eight dayes after his arrivall; And all that he was able to speak in that time did clearly shew his judgement of, and affection to the Work of Reformation and Cause of God to be every way the same then, that it was in the beginning and progresse thereof, as divers Reverend Brethren who visited him have declared to this Assembly, and particularly two Brethren, who constantly attended him from the time he came home till his breath expired. A further testimony may be brought from a short Confession of Faith under his hand found amongst his Papers, which is expressed as his last Words, wherein among other mercies he declareth himself _most of all obliged to the grace and goodnesse of God for calling him to believe the Promises of the Gospel, and for exalting him to be a Preacher of them to others, and to be a willing though weak instrument in this great and wonderful work of Reformation, which he earnestly beseecheth the Lord to bring to a happy conclusion._ Other reasons may be added from the levity of the stile and manifest absurdities contained in that Paper. Upon confederation of all which this Assembly doth condemn the said Pamphlet as forged, scandalous, and false, And further Declare the author and contriver of the same void of charity and a good conscience, and a grosse lyar and calumniator led by the Spirit of the accuser of the Brethren.

_Act for taking the Covenant at the first receiving of the Sacrament of the Lords Supper, & for the receiving of it also by all Students at their first entry to Colledges._

The Generall Assembly according to former recommendations, Doth Ordain that all young Students take the Covenant at their first entry to Colledges; And that hereafter all Persons whatsoever take the Covenant at their first receiving the Sacrament of the Lords Supper: Requiring hereby Provinciall Assemblies, Presbyteries and Universities to be carefull that this Act be observed, and accompt thereof taken in the visitation of and particular Kirks, and in the tryall of Presbyteries.

_Eodem die Postmeridiem,_ Sess. 32.

_Act concerning Presbyteries maintaining of_ Bursars.

The Generall Assembly Understanding that the frequent Recommendation of preceding Assemblies for maintaining Bursars, is by many Presbyteries neglected, Do therefore Ordain Synods to crave accompt thereof from Presbyteries at every Provinciall meeting, Which with the Presbyteries answer, shall be put upon record, That so the part both of Presbyteries and Synods and their negligance or diligence in so pious a work may be known by the examination of the Provinciall books to each Generall Assembly.

August 9. 1648. _Antemeridiem_ Sess. 25.

_Act for dis-joyning the Presbyteries of_ Zetland, _from the Provinciall Synod of_ Orkney _and_ Cathnes.

The Generall Assembly now after exact tryall, finding that the Presbytery of _Zetland_ cannot meet with the Provinciall of _Cathnes_ and _Orknay_ to which it was adjoyned by an Act of the Assembly 1646. Sess. 11. And that the allowance and dispensation granted in the preceding Assembly for the halfe of their number to keep the meetings of the said Provinciall cannot be observed in respect of the great distance of that Isle by sea from the land, and the dangerousness of the seas there, and of the passage through them, Therefore after hearing the parties interested and serious deliberation of the matter, The Assembly doth hereby Dis-joyn the Presbytery of _Zetland_ from the Provinciall of _Cathnes_ and _Orknay_, And declares for these reasons, That the said Presbytery is to be hereafter subordinate immediately to the Generall Assembly, For which cause, their Commissioners are to be sent to each Generall Assembly the more carefully, And it is hereby recommended to them that they send to the next Assembly a particular information of the quality and condition of all their Kirks according to the direction of the act of the preceding Assembly Sess. 27. Entituled an act for pressing and furthering the planting of Kirks.

Aug. 10. 1648. _Postmeridiem,_ Sess. 38.

_Overtures for the Remedies of the grievous and common Sins of the Land in this present time._

The Sins of the Land and the Causes and occasions thereof being considered, The following Remedies of these Sins were propounded.

Civill Remedies.

_For the present, untill the Overtures prepared to be presented to the Parliament, It is to be Recommended to every Congregation to make use of the 9. Act of the Parliament 1645. at_ Perth, _for having Magistrates and Justices in every Congregation, and of the 8. Act of the said Parliament against Swearing, Drinking and mocking of Piety, and all other Acts of Parliament for restraining or punishing of Vice; particularly for the better restraining of the sin of Whoredom that each Magistrate in every Congregation exact and make compt to the Session of fourty Pounds for each Fornicatour and Fornicatrix, of an hundred Merks for each one of their relapse in Fornication, of an hundreth Pounds for each Adulterer and Adulteress according to express Acts of Parliament which is to be exacted of these who may pay it, and the discretion of the Magistrate is to modifie it according to the ability or inability of each Delinquent._

Domestick Remedies.

_1. Let care be taken of concionable receiving of Servants, that they have testimonials of their honest behaviour: And let all such as give testimonials take heed that these to whom they give them, be free of scolding, swearing, lying and such like more common sins, as well as fornication, adultery, drunkenesse, and other grosse and hainous evils; Let the ordinary time of giving Testimonials be in face of Session: And if an extraordinary exigent be: Let it be given by the Minister with __ consent of the elder of the bounds, wherein the person craving the Testimonial hath resided; If they have fallen or relapsed in scandalous sins, let their Testimonial bear both their fall and Repentance._

_2. Let care be had that the Worship of God be practised, and Discipline exercised in Families, according to the Directory for Family Worship in all things as was appointed in the General Assembly 1647. especially in the Ministers constant Catechizing of the Family, and in the performance of the Duties of the Sabbath by all the Members thereof._

_3. Let Persons to be married, and who have Children to be baptized, who are very rude and ignorant, be stirred up and exhorted, as at all times, so especially at that time, to attain some measure of Christian knowledge in the grounds of Religion, that they may give to the Minister, before the Elder of the Bounds wherein they live, some accompt of their knowledge that so they may the better teach their family and train up their Children._

_4. Let every Family that hath any in it than can read, have a Bible and a Psalm-book, and make use of them; and where none can read, let them be stirred up to traine up their children in reading, and use any other good remedie the Minister and Session can fall on._

General Ecclesiastick Remedies.

_1. Let the Remedies which were given at Perth 1645. and are mentioned in the General Assembly 1646. anent the Sins of Ministers be put in execution._

_2. Let suspension from the Lords Sacrament be more carefully executed._

_3. Let Persons relapse in Adultery (or above) quadrilapse in fornication (or above) or often guilty of other grosser scandals, be Excommunicat somewhat more summarly nor in an ordinary processe (except there be more nor ordinary signes, and an eminent measure of Repentance made known to the Session and Presbyterie) both for the hainousness of the sins and continuance therein, and also for terrour to others; And these not to be relaxed from the sentence of Excommunication without evidence, and undeniable signes of Repentance._

_4. Let unpartial proceeding be used against men of all quality, for their scandalous walking, and in particular for drunkenesse, swearing, and other scandalous sins. And this to be tryed at the Visitation of Kirk._

Particular Ecclesiastick Remedies.

And 1. against ignorance.

_1. Let Ministers Catechise one day every week (whereon also they may Baptise and Lecture or Preach) and let them preach every Lords Day both before and after noon, according to former Acts of General Assemblies, Let Presbyteries and Synods be very careful of this; And let every Provincial Book, contain an exact accompt thereof._

_2. Let Ministers examine all of every quality of whose knowledge they have no certain notice._

_3. Let young Persons be Catechized by the Minister from the time they are capable of instruction, and let them not be delayed till they be of age to Communicat._

_4. Let Persons grossly ignorant be debarred from the Communion; for the first and second time, let them be debarred, suppressing their names; for the third time, expressing their names; for the fourth time, bring them to publick repentance; all this is to be understood of those that profit nothing, and labours not for knowledge: But if they be profiting in any measure, or labouring that they may profit, their case is very considerable, they ought to have more forbearance._

2. Ecclesiastick Remedies against Prophanesse.

_1. Let ignorant and scandalous Persons be put off, and kept off Kirk Sessions._

_2. Let every Elder have a certain bounds assigned to him that he may visit the same every moneth at least, and report to the Session what scandals and abuses are therein, or what persons have entered without Testimonials._

_3. Let all scandalous persons be suspended from the Lords Supper._

_4. Let the Minister deal in private with them that are professing publick Repentance before the Elder of the bounds, thus to try the evidence of their Repentance._

_5. Let these who have fallen in Fornication make publick profession of Repentance three several Sabbaths, who is guilty of relapse in Fornication six Sabbaths, who is guilty of relapse in Fornication, or hath once fallen in Adultery, 26. Sabbaths, and these sins to be confessed both in one_ viz. _in Sackcloth, Quadrilapse in Fornication and relapse in Adultery, three quarters of a Year, Incest or Murder a Year, or 52. Sabbaths, in case the Magistrate do not his duty in punishing such crimes capitally; They that fall in Fornication or relapses therein, are first to confesse their Sin before the Session, and thereafter before the Congregation; They that are guilty of greater degrees of that Sin and of the other Sins mentioned in this Article, are to confess their Sin both before the Session & Presbyterie, and there to shew some signes of Repentance before they be brought to the Congregation._

_6. Some are to be rebuked at the time of Catechising, who deserve more nor a privase reproof, and yet needs not to be brought to publick Repentance._

_7. It will be a good remedie against Sabbath-breaking by Carriers and Travellers, That the Ministers where they dwell cause them to bring Testimonials from the place where they rested on these Lords dayes wherein they were from home._

_8. Let all Persons who flit from one Paroch to another have sufficient Testimonials, This is to be extended to all Gentlemen and Persons of quality and all their followers, who come to reside with their Families at_ Edinburgh, _or elswhere, and let the Minister from whom they flit, advertise the Minister to whom they flit, if (to his knowledge) they be lying under any scandal._

_9. Let Ministers be free with Persons of quality for amendment of their faults, and (if need shall be) let them take help thereto of some of the Brethren of the Presbyterie._

_10. Let the Presbyteries take special notice of Ministers who do converse frequently and familiarly with Malignants, and with scandalous and prophane Persons, especially such as belongs to other Paroches._

_11. Let privie Censures of Presbyteries and Synods be performed with more Accuracie, Diligence and Zeal._

_12. For better keeping of the Sabbath, let every Elder take notice of such as are within his bounds, how they keep the __ Kirk, how the time is spent before, betwixt, and after the time of publick Worship._