Chapter 39

_13. Let no Minister resort to any Excommunicate person without licence from the Presbyterie_ nisi in extremis, _and let Ministers take special notice of such persons as haunt with Excommunicants, and processe them._

_14. Frequent correspondence betwixt presbyteries is a good remedie._

_15. At the visitation of each Congregation, let the Session Book be well visited, and for that effect, let it be delivered to two or three Brethren seven or eight dayes before the visitation, that their report of it may be in readinesse against the Day of Visitation._

The Assembly allows of all these Overtures and Remedies of the Sins of the Land; And Ordains all of them to be carefully and conscionably put in practise.

_Act for examining the Paraphrase of the Psalms and other Scripturall Songs._

The Generall Assembly Appoints _Rouse_ Paraphrase of the Psalms, with the corrections thereof now given in by the persons appointed by the last Assembly for that purpose, to be sent to Presbyteries, That they may carefully revise and examine the same, and thereafter send them with their corrections to the Commission of this Assembly to be appointed for publick affairs, Who are to have a care to cause reexamine the Animadversions of Presbyteries, and prepare a report to the next Generall Assembly; Intimating hereby, That if Presbyteries be negligent hereof the next General Assembly is to go on & take the same Paraphrase to their consideration without more delay: And the Assembly Recommends to Master _John Adamson_ and Mr. _Thomas Crafurd_ to revise the Labours of Mr. _Zachary Boyd_ upon the other Scripturall Songs, and to prepare a report thereof to the said Commission for publick affairs, That after their examination, the same may be also reported to the next Generall Assembly.

_Overtures concerning Papists, their children, and Excommunicate Persons._

The Generall Assembly considering the manifold inconveniences that follow upon the sending of the children of Noblemen and others of quality to Forraign Countries wherein Popery is professed, especially that thereby such children are in perill to be corrupted with Popery, and so corrupt these Families and Persons to which they belong, whereby that wicked root of damnable Idolatry, Errour and Heresie may again be occasioned to spring up and trouble many, and provoke the most High GOD to wrath, and to cause his Majestie leave this Land to strong delusions to believe lies; Therefore They Do in the name of GOD, Charge and Require all the Presbyteries of this Kingdom to observe and practice the Rules and Directions which are made in former Generall Assemblies for preventing of the said fearfull inconveniences, and namely the Overtures against Papists, non-Communicants, and Profaners of the Sabbath approven in the Generall Assembly held at St. _Andrews_ in the year of God, 1642. and the Act anent children sent without the Kingdom made in the Generall Assembly at _Edinburgh, Anno 1646._ And that they use all diligence for putting in execution the Acts of Parliament and secret Councell made against Papists & Excommunicate Persons; And that they register their diligences thereanent in their Presbyterie Booke which are summarily to be recorded in the Synod Books from time to time, That the Generall Assembly may see how these laudable Acts are put in execution, which here are presented with some necessary additions in one view.

1. That every Presbyterie give a List of all Excommunicate Papists they know to be within their bounds to the Commissioners of the Generall Assembly, and of all Papists; yea of them also who professe to have renounced Popery, but yet have their children educated abroad, with the names of these children that are abroad, according to the fifth Overture of the Generall Assembly, 1642.

2. That every Presbyterie conveen at their first meeting all known Papists within their bounds, and such as having professed to renounce Popery have their children abroad, and cause them finde sufficient caution for bringing home within three moneths such of their children as are without the Kingdom; to be educated in Schools and Colledges at the Presbyteries sight if they be Minors; and to be wrought upon by gracious conference, & other means of instruction to be reclaimed from Popery if they be come to perfect age.

3. The Parents, Tutors or Frinds of Children and Minors shall, before they send them without the Kingdom, first acquaint the Presbyterie where they reside, that they may have their Testimoniall directed to the Presbyterie or Classe within the Kingdom or Dominion beyond Seas whither they intend to send their Children; And at the time of these Childrens return, that they report a Testimoniall from the Presbyterie or Synod where they lived without the Kingdom, to the Presbyterie who gave them a Testimonial at their going away, according to the Act anent Children sent without the Kingdom _Anno 1646._

4. That all Presbyteries give the names of such Pædagogs as were abroad with the children of Noblemen within there bounds, and diligently enquire whether these Pædagogs do continue stedfast in the true Religion, and continue in their service, or whither these Pædagogs do either become corrupt in Religion, or (continuing constant) are removed from their charge and by whom they are removed, and that they signifie these things to the Generall Assembly from time to time or their Commissioners, That they may represent the same to the High Court of Parliament, Lords of secret Counsell or Committe of Estates, for such remedie as shall seem expedient to their Honours, for preventing of and purging the land from the plague of Idolatrie.

5. That such Parents, Tutors or Friends as either send away Children to forraign parts infected with Idolatry without such Testimonialls as aforesaid, or do not recall them who are already abroad within such time as is above prefixed, or do remove from them their Protestant Pædagogs (that they may the more easily be infected with Popery) be processed and in case of not amending these things, be Excommunicated.

6. That the names of such as are Excommunicated for these or any other causes, be sent in to the Generall Assembly from year to year, that (from thence) their names may be notified in all the Kingdom, and that the Acts of Parliament and secret Counsell may be put to execution against them, and all diligence used for that effect; and that by the effectuall dealing of the Generall Assembly, with the Parliament, Lords of secret Counsell, or Committee of Estates, their Lordships may Enact such further, just and severe civill Punishment on such Excommunicants for Terror to others, as shall be found necessary for purging this Covenanted Land from all Abominations.

Because persons addicted to Idolatry will use all means for their own hardening in their Superstitious and Idolatrous way, even within the Countrey; Therefore all known Papists, or persons suspect of Poperie upon probable grounds are to finde Caution before their Presbyteries, for their abstinence from Masse, and from the Company of all Jesuits, and Priests according to the second Overture against Papists, made _Anno 1642._ Also Presbyteries are to presse them to finde such Caution; And to observe what persons put their Sons or Daughters to such Families as are tainted with Popery within the Land, the same being a speciall mean to corrupt them with Idolatry, And to cause such Parents recall their Children, or else proceed with the Censures of the Kirk against them.

All which Overtures, Presbyteries are seriously required and Ordained to observe diligently with Certification, That they shall be severely censured, If they shall be found remisse or negligent in any of these points, which are so necessary for keeping of the Lords House and People unpoluted with Error, Idolatry, or Superstition.

Aug. 11. 1648 _Antemeridiem,_ Sess. 39.

_Act for prosecuting the Treaty for the Uniformity in Religion in the Kingdom of England._

The Generall Assembly, Taking to their consideration that the Treaty of Uniformity in Religion in all His Majesties Dominions is not yet perfected; Therefore, Renews the power and Commission granted by preceeding Assemblies for prosecuting that Treaty unto these Persons after-named _viz._ Mr _Robert Douglas_, Mr _Samuel Rutherford_, Mr _Robert Baillie_, Mr _George Gillespie_, Ministers. And _John Earle of_ Cassils, _John Lord Balmerinoch_, and Sir. _Arch. Johnston of Wariston_ Elders; Authorizing them with full power to prosecute the said Treaty of Uniformity with the Honourable Houses of the Parliament of _England_, and the Reverend Assembly of Divines there, or any Committees Appointed by them: And to do all and every thing which may advance, perfect, and bring that Treaty to an happie conclusion, conform to the Commissions given thereanent.

_Act Renewing the Commission for the publick Affairs of this Kirk._

The Generall Assembly Taking to their consideration, that in respect the great work of Uniformity in Religion in all his Majesties Dominions is not yet perfected (though by the Lords blessing there is a good progress made in the same) There is a necessity of renewing the Commissions granted formerly for prosecuting and perfecting that great Work; Do therefore Renew the Power and Commission granted for the Publick Affairs of the Kirk by the Generall Assemblies held at Saint _Andrews_, 1642. and at _Edinburgh_ 1643. 1644. 1645. 1646. and 1647. unto the persons following _viz_ Masters, _John Lawder, Andrew Wood, David Calderwood, Robert Ker, John Mackghie, John Knox, John Sinclar, John Adamson, Robert Dowglas, George Gillespie, James Hamiltoun, Mungo Law, John Smith, Robert Lawrie, George Lesly, John Weir, Robert Eliot, Alexander Dickson, Patrick Fleeming, Thomas Vassie, Ephraim Melvil, Hew Kennedie, Kenneth Logie, Alexander Levistoun, George Bennet, David Weems, William Row, Robert Young, William Menzies, John Friebaine, John Givan, Harie Guthrie, Andrew Rind, David Auchterlony, Samuel Ousteen, Thomas Henderson, Charles Archibald, Andrew Lawder, John Leviston, John Macklellan, Alexander Turnbull, William Fullerton, George Hutcheson, John Genell, Patrick Colvill, James Ferguson, Hew Peebles, John Hamiltoun, Alexander Dunlope, David Elphiston, David Dickson, Robert Baillie, Robert Ramsay, Patrick Gillespie, Patrick Sharpe, James Nasunth, John Home, Evan Camron, Robert Blair, Samuel Rutherfurd, David Forret, Robert Traill, Andrew Bennett, Walter Greg, John Macgill younger, John Moncreiff, Fredrick Carmichael, John Chalmers, John Duncan, Andrew Donaldson, Will Oliphant, George Simmer, Andrew Affleck, Arthur Granger, David Strachen, Andrew Cant, John Rex, John Paterson, Alexander Cant, John Young, John Seaton, David Lindsay_ at Bethelvie, _Nothaniel Martine, John Annand, William Falconer, Joseph Brodie, Alexander Summer, William Chalmer, Gilbert Anderson, David Rosse, George Gray, Robert Knox, William Penman, James Guthrie, Thomas Donaldson, William Jameson, Thomas Wilkie, James Ker, John Knox, Andrew Dunkanson_ Ministers: _Archibald_ Marques of Argyle, _Alexander_ Earle of Eglintoun, _John_ Earle of Cassils. _William_ Earle of Lothian, _Archibald_ Lord Angus, _William_ Lord Borthwick, _John_ Lord Torphichen, _John_ Lord Balmerino, _Robert_ Lord Burly, _James_ Lord Couper, Lord Kilcudbright, _Alexander_ Lord Elcho, Sir _Archibald Johnstoun_ of Wariston. Sir _John Hope_ of Craighall, _Arthur Erskin_ of Scotskraig, Sir _John Moncreiff_ of that Ilk, _Boaton_ of Creigh, Sir _John Wauchhope_ of Midrie, Sir _Thomas Ruthven_ of Frieland, Sir _George Maxwell_ of Netherpollock, Sir _James Fraser_ of Brae, Sir _James Hackact_ of Pitfirn, Sir _William Carmichaell_ younger of that ilk, _Walter Dundas_ younger of that ilk, _Thomas Craig_ of Ricarton, Mr _George Winrain_ of Liberton, Sir _Alexander Ingils_ of Ingilston, _Alexander Brodie_ of that ilk, _Forbes_ of Eight, _Will. More_ of Glanderston, _John Ker_ of Lochtour, _Alex Pringill_ of Whitbanck, _Walter Scot_ of Whitstyid, _John Crafurd_ of Crafurdland, Sir _John Chisly_ of Carswell, _Robert Monroe_ of Obsteall, _Cornwall_ of Bonhard, _George Dundas_ of Dudingston, Sir _James Stewart_ of Kirkfield, _Alexander Colvil_ of the Blair, Mr _Alex. Petrson_, Mr _Robert Burnet_ younger, Mr _Thomas Murray, George Potterfield,_ Mr _James Campbell, James Hamilton, Lawrence Henderson,_ Mr _Robert Barcclay_, Mr _William More, William Glendoning_ Doctor, _Douglas, James Sword, Gideon Lack_, Mr _Dongall Campbell, John Besrall, John Brown, William Brown, Robert Brown_, and _William Russel_, Elders: Giving unto them full Power and Commission, to do all and every thing for preservation of the Established Doctrine, Discipline, Worship and Government of this Kirk, against all who shall endeavour to introduce any thing contrary thereunto, and for prosecuting, advancing, perfecting & bringing the said Work of Uniformity in Religion in all His Majesties Dominions to a happy conclusion, conform to the former Commissions granted by proceeding Assemblies thereanent, And to that effect Appoints them, or any seventeen of them, whereof thirteen shall be Ministers to meet here in this City to morrow the 12. of this Moneth, And thereafter upon the last Wednesday of _November, February_, and _May_ next, and upon any other day, and in any other place they shall think fit. Renewing also to the persons before named the power contained in the Act of the Assembly 1643. Intituled, A _Reference to the Commission anent the Persons designed to repair to the Kingdom of England._ And further, incase Delinquents have no constant residence in any one Presbyterie, or if Presbyteries be negligent or overawed, in these cases, The Assembly gives to the persons before named, such power of censuring complyers and persons disaffected to the Covenant according to the Acts of the Assembly, declaring alwayes and providing, that Ministers shall not be deposed, but in one of the quarterly meetings of this Commission, And further Authorises them as formerly with full power to make Supplications, Remonstrances, Declarations & Warnings to Indict Fasts & Thanksgivings as there shall be cause to Protest against all encroachments upon the Liberties of the Kirk, and to censure all such as interupt this Commission or any other Church Judicatory, or the execution of their Censures or of any other Sentences or Acts, issuing from them, And with full power to them to treat and determine in the matters referred unto them by this Assembly, as fully and freely as if the same were here fully expressed, and with as ample power as any Commission of any former Generall Assemblies hath had or been in use of before: Declaring also that all opposers of the authority of this Commission in matters intrusted to them shall be holden as opposers of the authority of the Generall Assembly, And this Commission in their whole proceedings are comptable to, and censurable by the next General Assembly.

August 11. 1643. _Postmeridiem,_ Sess. 40.

_Exemption of_ Murray, Rosse, _and_ Caithnesse _from the contribution granted to the boyes of_ Argyle, _with a Recommendation to Presbyteries, to make up what is taken of them by that exemption._

Concerning the overtture and desire of the Commissioners of the Presbyteries of _Murray_, _Rosse_, and _Caithnesse_ for an exemption from that contribution of fourty shillings recommended for entertainment of the _Irish_ boyes in _Argyle_; The Assembly having considered thereof, and of their offer in the the name of the said Presbyteries, if that exemption be granted, Do Approve their offer, And Therefore hereby Exoners the said Presbyteries of the said contribution of fourty shillings toward the entertainment of the boyes in _Argyle_, And Ordains for that exemption according to the offer of their said Commissioners, that each Presbyterie of the said Provinces entertaine one of the _Irish_ language at Schooles, and if any be found already fit for Colledges, they shall maintain them at Philosophie, and so forward, untill they be fit for the Ministery: And Because by this exemption the contribution for the boyes in _Argyle_ will be so much lessened. Therefore the Assembly Recommends to all other Presbyteries to think upon some way how by the charitable Supply that may be made up unto them.

_Act concerning Collection for the Poor._

The Assembly Understanding that the collection for the poor in some Kirks in the Countrey, are taken in the time of Divine Service, which being, a very great and unseemly disturbance of Divine Worship Do therefore hereby Inhibit and discharge the same. And ordains that the Minister and Session appoint some other way and time for receiving the said Collections.

_Recommendation for securing provisions to Ministers in Burghs._

In regard that the stipends of many Ministers in Burghs are not secured unto them and their successors; Therefore the Assembly Do seriously Recommend to the Honourable Commission of Parliament for planting of Kirks, to provide reall and valide security of competent and honest meanes to the present Ministers of Burghs and their successors; where they are not sufficiently provided or secured already; Ordaining Presbyteries to use all necessary diligence for prosecuting thereof before the said Commission for planting Kirks.

_The Humble Supplication of the Generall Assembly of the Kirk of_ Scotland, _met at_ Edinburg August 12 _unto the Kings Most Excellent Majeste._

Albeit your Majestie through the suggestions of evil men, may haply entertain hard thoughts of us and our Proceedings, yet the Searcher of hearts knowes, and our consciences bear record unto us, that we bear in our spirits these humble and duitifull respects to your Majestie, that loyall subjects owe to their native Soveraigne, and that it would be one of our greatest contentments upon earth, to see your Majestie reigning for the LORD, in Righteousnesse and Peace over these Nations: And therefore as we do bow our knees daily before the Throne of Grace on your behalf, and the behalf of your Posterity; So we finde our selves as heretofore, obliged faithfully and freely to warn your Majestie of your danger and dutie; Wishing, and hoping that the Lord will incline your Royall heart, from the sence of the evil which hath befallen You, through the slighting of former Warning, to be more attentive unto this. We are very sensible of your Majesties suffering, and low condition, and do not in the least measure approve but from our hearts abhorre any thing that hath been done to your Majesties Person, contrary to the common resolutions of both Kingdoms: Yet it shall be your Majesties wisdom, in this as in all that hath befallen you these years past, to read the righteous hand of the Lord, writing bitter things against you, as for all your Provocations, so especially for resisting his Work, and authorising by your Commissions the shedding of the blood of his People, for which it is high time to repent, that there be no more wrath against you and your Realms.