Chapter 40

The Commission of the preceding Assembly, whose proceedings are unanimously approven by this Assembly, Having read your Majesties Letter of the date at _Carisbrook_ Castle, _December 27._ And perused your Concessions, did finde some of these Concessions destructive to the Covenant, and all or them unsatisfactorie, and did therefore emit a Declaration concerning the same, least your Majesties Subjects in this Kingdom should have unawares imbarked themselves in an Engagement upon grounds not consisting with the good of Religion, and the Solemn League and Covenant. For preventing whereof, they did also present most just and necessary desires unto the high and Honourable Court of Parliament of this Kingdom; which, if they had been granted, might have through the Blessing of God, either procured (upon Treaty) your Majesties re-establishment, and a solide Peace, or laid open the expedience and necessity of a lawfull War, and have united this Kingdom therein for the good of Religion, of your Majestie, and of your Kingdoms. When the Parliament was pleased without satisfaction to any of these desires, to go on towards the determining of a War upon the grounds contained in their Declaration, As many of their own Members who have been faithfull in the Cause of GOD from the beginning, did dissent from their preceedings, so most of all the Presbyteries and Synods of this Kingdom, and the Committees of War in severall Shires did by humble Supplication represent to the Parliament, how unsatisfied they were in their consciences concerning the present Engagement: Notwithstanding of all which, the Engagement hath been carried on without clearing either of the lawfulnesse or necessity thereof. Therefore, We having now examined the same by the Rule of Gods Word, and having found it unlawfull, as we have warned the whole Kingdom of the danger thereof, So we hold it our Duty also to warne your Majestie as the Servants of the most High GOD, and in Name of the Lord _Jesus Christ_, who must Judge the quick and dead, Earnestly beseeching your Majestie that as ye would not draw new guilt upon your Majesties Throne, and make these Kingdoms again a field of Blood, you would be far from owning or having any hand in this so unlawfull an Engagement; Which as it hath already been the cause of so much sorrow and many sufferings to the People of God in this Land, who choose affliction rather then sin, So it tendeth to the undoing of the Covenant and Work of Reformation: As we do not oppose the restitution of your Majestie to the exercise of your Royall Power; So we must needs desire that that which is GODS be given unto Him in the first place, and that Religion may be secured before the setling of any humane interest; Being confident that this way is not only most for the Honour of GOD, but also for your Majesties Honor and Safety. And therefore as it was one of our Desires to the High and Honourable Court of Parliament that they would solicitie your Majestie for securing of Religion, and establishing the Solemn League and Covenant in all your Dominions, that your Majestie might know what they intend on your behalf was with a subordination to Religion; So we do now from our selves make this humble address unto your Majestie, intreating your Majestie as you tender Truth and Peace, you would be pleased to suffer your self to be possessed with right thoughts of the League and Covenant, and of the proceedings of your Majesties loyall Subjects in relation thereunto, and give your Royall assent for injoyning of it in all your Dominions. If your Majestie had been pleased to hearken to our Counsell heranent some years ago, the blood of many thousands, which now lyes upon your Majesties Throne, might have been spared, Popery, Prelacy, Idolatry, Superstition, Profanesse, Heresie, Error, Sects, and Schismes which are now grown to so great a height in _England_, might have been extirpate, and your Majestie sitting in Peace in your own House, Reigning over your Subjects with much mutuall contentment and confidence. And if your Majestie shall yet search out and repent of all your secret and open Sins, And after so many dear-bought experiences of the danger of evill Counsell, be now so wise as to avoid it, and to hearken to us speaking unto you in the Name of the Lord, We are confident by this means your Majestie may yet be restored, and a sure and firme peace procured. We take it as a great mercy, and as a door of hope, that God still inclines the hearts of all his Servants to pray for your Majestie; And we would not have your Majestie to look upon it as a light thing, that you have been preserved alive, when many thousands have by your means and procurement fallen on your right hand and on your left hand. God forbid that your Majestie should any longer dispise the word of exhortation, the riches of his goodnesse, forbearance and long suffering, not knowing that the goodnesse of God leads you unto Repentance; For if your Majestie do so, As we are afraid, all Counsels and Endeavours for your Majesties re-establishment shall be in vain and without successe, because of the Wrath of the Lord of Hosts, who brings down the mighty from his Throne, and scatters the proud in the imaginations of their hearts; So we shall mourn in secret for it, and for all the miseries that are like to come upon your Throne and your Dominions, and comfort our selves, in this, that we have delivered our own souls. But we desire to hope better things, and that your Majestie will humble your self under the mighty hand of God, and be inclined to hearken to the faithfull advise of his Servants, be willing to secure Religion, and imploy your Royall Power for advancing the Kingdom of the Son of God, which will turn as well to the Honour and Happinesse of your Majesties as to the Peace and Safety of your Subjects.

August. 12. 1648, Sess. _Ult._

_Act discharging Duels._

The Generall Assembly taking in consideration the many Duels and combats that have been fought, and Challenges that have been made, and carried, and received in this Land of late. And being sensible of the exceeding great offence that comes by so horrible and hainous a sin; which is a grosse preferring of the supposed credit of the Creature unto the Honour of the most High God, and an usurpation upon the office of the Magistrate by private mens taking of the Sword, And a High degree of murther both of body and soul, by shedding the blood of the one, and cutting of the other from time of repenting; And which doth ordinarily produce many wofull consequents, Therefore doth enact And Ordain that all Persons of whatsoever quality who shall either fight Duels, or make, or write, or receive, or with their knowledge carry Challenges, or go to the fields, either as Principals, or as Seconds to fight Duels and Combats, that they shall without respect of Persons be processed with the Censures of the Kirk and brought before the Congregation two severall Lords-dayes; In the first whereof they are sharply to be rebuked and convinced of the hainousnesse of their sin and offence, and on the next to make a solemn publick Confession thereof, and profession of their unfained Humiliation and Repentance for the same. And if the Person guilty of any of the former offences be an Elder or Deacon, he is to be removed from his office, and whatsoever person guilty of any of these offences, shall refuse to give obedience according to the tenour of this Act, shall be processed to Excommunication: Declaring always, that if any be killed at such Duels, the killer shall be proceeded against by the Kirk as other murtherers.

_Act concerning deposed Ministers._

The Assembly considering that divers Ministers deposed for Malignancy, and complying with the Enemies of this Kirk and Cause of God, may be suited by, and hope to get entry in some Congregation where a Minister deposed for Malignancy hath been, and may be supposed to have put on the people a stamp and impression of Malignancie, and being by the Act of the Generall Assembly in _Anno 1645._ Past all hope of being restored to the place out of the whilk he was cast: Now also Ordains and enacts that no Minister deposed for Malignancy and compliance foresaid (when it shall fall out that he be put in a capacity of admission to the Ministry) shall enter into the Congregation of any other Minister who also hath been deposed for Malignancy and complyance, as said is.

The Generall Assembly not having now time to consider the References of the preceeding Assemblies, and the most part of Presbyteries not having lent their opinions in Writ, Therefore do yet again Recommend to Presbyteries and Provinciall Assemblies to consider all matters referred by this or by any former Assemblies, and to send their opinions therein in writ to the next Generall Assembly.

_The meeting of the next Generall Assembly is hereby Appointed to be at_ Edinburgh _the first_ Wednesday _of_ Iuly, 1649.

A. KER.

THE GENERALL ASSEMBLY, HOLDEN AT _EDINBURGH, JULY 7. 1649._

July 7. 1649. Antemeridiem, Sess 4.

_Approbation of the proceedings of the Commissioners of the Generall Assembly._

The Generall Assembly having heard the report of the Committe appointed for revising the proceedings of the Commissioners of the preceding Assembly; And finding thereby, that in all their proceedings they have been zealous, diligent and faithfull, in the discharge of the trust committed to them, do therefore unanimously Approve and Ratify the the whole proceedings, Acts and Conclusions of the said Commission; Appointing Mr _John Bell_ Moderator _protempore_, to return them hearty thanks in the name the Assembly, for their great pains, travel and fidelity.

July 10. 1649. _Antemeridiem,_ Sess. 6.

_Approbation of the Commissioners sent to his Majesty._

The Generall Assembly having taken in serious consideration the Report of the Travels and proceedings of the Commissioners sent to his Majesty presented by them this day, Together with the Commission and Instructions which were given unto them; Do finde by the Report, that they have been very diligent and faithfull in the discharge of the Trust committed to then. And therefore doe unanimously Approve of their Carriage and return them hearty thanks for their great Pains and Travails in that Employment.

July 19. 1649 _Postmeridiem,_ Sess. 18.

_Act discharging promiscuous Dancing._

The Assembly finding the scandall and abuse that arises through promiscuous Dancing: Do therefore inhibite and discharge the same, and do referre the Censure thereof to the severall Presbyteries, recommending it to their care and diligence.

July 20. 1649. _Antemeridiem,_ Sess. 19.

_Act concerning the receiving of Engagers in the late unlawfull War against_ England, _to publick Satisfaction, Together with the Declaration and Acknowledgement to be subscribed by them._

The Generall Assembly considering what great offence against God, and Scandall to his People at home and abroad, hath arisen from the late unlawfull Engagement in War against _England_; whereby, contrary to the Law of God and of Nations, contrary to the Solemn League and Covenant, contrary to the Petitions of almost the whole Kingdom, contrary to the Declarations of the Judicatories of this Kirk, contrary to the Protestations of a considerable part of the Parliament, contrary to the frequent and clear Warnings of the Servants of God in his name, not only an Association in Counsels and Arms was made with Malignant Persons, who had formerly shewn their disaffection to the Covenant in and Cause, but are Invasion of the Neighbour Nation was prosecuted; from whence flowed the oppression of the Persons, Estates and consciences of many of the people of God in this Land, the shedding of the blood of some, the losse and dishonour of this Nation, and severall other Inconveniences: and considering that the Commissioners of the last Generall Assembly, have acquit themselves faithfully in ordaining to be suspended from the renewing of the Covenant, and from the Ordinance of the Lords Supper, such as are designed in their Acts of date the 6. of _October_ & 4 of _December_ last; referring the further consideration and censure of the Persons foresaid to this present Generall Assembly: Therefore the Generall Assembly, for removing of such Offences, and for prevention of the like in time coming, and for restoring of such as are truely humbled, do Declare and Appoint.

I. That all those who have been guilty and censured as aforesaid, and withall do not by their addresses to Kirk Judicatories testify their dislike thereof, and give evidences of their Repentance therefore, That these be processed and continuing obstinate, be excommunicated; But if withall they go on in premoving Malignant Designes, that they be forthwith Excommunicated: As also that all such persons guilty as aforesaid, who after Profession of their Repentance shall yet again hereafter relapse to the promoting any Malignant Designe, that these be likewise forth with excommunicated.

II. That all these who have been guilty and censured as aforesaid, and desire to testifie their Repentance, and to be admitted to the Covenant and Communion, shall besides any Confession in publick before the Congregation subscribe the Declaration herto sub-joyned, of their unfained detestation and renunciation of that Engagement, and all other Malignant courses contrary to the Covenant and Cause, Promising to keep themselves from such ways in time coming, and acknowledging that if they shall again fall into such defection thereafter, they may justly be accounted perfidious backsliders, and breakers of the Covenant and Oath of God, and proceeded against with the highest Censures of the Kirk.

III. That of these who have been guilty and censured as aforesaid, and desire now to testifie their Repentance, Whosoever were formerly joyned in Arms or Counsell with _James Graham_ in his Rebellion, or who were Generall persons or Colonels in the late unlawfull Engagement, Or who went to _Ireland_ to bring over Forces for that effect, Or who have been eminently active in contriving of or seducing unto the said Engagement, or whosoever above the degree of a Leutenant Commanded these parties, that in promoving of the ends of the said Engagement shed blood within the Kingdom, either before that Army of Engagers went to _England_, or after their return, Or who above the degree foresaid Commanded in the late Rebellion in the North; That none of these be admitted or received to give satisfaction, but by the Generall Assembly or their Commissioners.

IV. That all the rest of these who have been guilty, or censured as aforesaid may be received by the Presbyteries where they reside.

V. That all who have been guilty as aforsaid, before their receiving to the Covenant, shall make a Solemn publick Acknowledgement in such matter, and before such Congregations as the Commission of the Generall Assembly or Presbyteries _respectivè_ shall prescribe, according to the degree of their offence and scandall given.

VI. That none of the foresaid Persons be admitted, or received as Elders in any Judicatories of the Kirk, but according to the Act of the Generall Assembly of the last of _August 1647._ against complyers of the first Classe.

And because many have heretofore made shew and profession of their Repentance, who were not convinced of their guiltinesse nor humbled for the same, but did thereafter return with the dog to the vomit, and with the sow to the puddle, unto the mocking of God, and the exceeding great reproach and detriment of his Cause: Therefore, for the better determining the Truth and sincerity of the Repentance of those who desire to be admitted to the Covenant and Communion: It is appointed and Ordained that none of those persons who are debarred from the Covenant and Communion shall be admitted and received thereto, but such as after exact triall, shall be found for some competent time before or after the offer of their Repentance, according to the discretion of the respective Judicatories, to have in their ordinary conversatione given real Testimony of their dislike of the late unlawfull Engagement, and of the courses and wayes of Malignants, and of their sorrow for their accession to the same; & to live soberly, righteously & godly; & if any shall be found, who after the defeating of the Engagers have uttered any Malignant speeches, tending to the approbation of the late unlawful Engagement, or the blood-shed within the Kingdome for promoving of the ends of the said Engagement, or any other projects or practices within or without the Kingdome; prejudiciall to Religion and the Covenant, or tending to the reproach of the Ministry, or the civill Government of the Kingdom, or who have unnecessarily or ordinarily conversed with Malignant and disaffected persons, Or who have had hand in, or accession to, or compliance with or have any wayes countenanced or promoved any Malignant Design, prejudiciall to Religion and the Covenant; That these, notwithstanding their profession of Repentance be not suddenly received, but a competent time, according to the discretion of the Judicatory, be assigned to them for tryall of the evidence of their Repentance, according to the qualifications above mentioned. And the Generall Assembly Ordains Presbyteries to make intimation of this Act in the severall Kirks of their bounds so soon as they can, after the rising of the General Assembly, that none pretend ignorance; And that Presbyteries make accompt of their diligence in prosecuting of this Act to the Quarterly meetings of the Commission of this Assembly.

_The Declaration and Acknowledgement before mentioned._

I, after due consideration of the late Warre against the Kingdom of _England_; And having also considered the course pursued and promoted by the Earle of _Lanerk_, _George Monro_ and their Adherents in and about _Stirling_, and by others in the late Rebellion in the North, against all which not only eminent Testimonies of Gods Wrath have been given in defeating of them, but they were in themselves sinfull breaches of Covenant, and preferring the interest of man unto God; I doe herefore in Gods sight professe, that I am convinced of the unlawfulnesse of all these ways, as contrary to the Word of God, and to the Solemn League and Covenant, not only in regard of the miscarriages of these that were imployed therein, but also in respect of the nature of these courses themselves; And therefore professing my unfained sorrow for my guiltinesse by my accession to the same, doe renounce and disclaim the foresaid Engagement and all the courses that were used for carrying on the same, either before or after the defeat of the Engagers, as contrary to the Word of GOD and Solemn League and Covenant, and destructive to Religion and the work of Reformation; And I doe promise in the power of the Lords strength, never again to own any of these or the like courses. And if hereafter at any time, I shall be found to promote any Malignant Design or course, that I shall justly be accompted a perfidious Covenant breaker and despiser of God, and be proceeded against with the highest Censures of the Kirk: Likeas I doe hereby promise to adhere to the Nationall Covenant of this Kingdome and to the Solemn League and Covenant betwixt the Kingdomes, and to be honest and zealous for promoving all the ends thereof, as I shall be called thereunto of God, and to flee all occasions and temptations that may lead me into any the like snares against the same.

July 24. 1649. _Postmeridiem._ Sess. 23.

_Letter to the High & Honourable Court of Parliament._

_The Generall Assembly, Humbly Sheweth,_

That whereas we have seen & considered the Act of Parliament abolishing Patronages, and doe highly commend the piety and zeal of the Estates of Parliament in promoving so necessary a point of Reformation, The Generall Assembly do humbly supplicate, that beside the setling of the Ministers stipends, that the Tythes mentioned in the said Act, may be affected with the burthen of pious uses, within the respective Paroches, conform to a draught of an Act seen by the Commissioners of the late Generall Assembly before it pasted in Parliament, And that the foresaid Act, may be made effectuall for the setling of Ministers Stipends in Kirks erected, and necessary to be erected according to the Tenour of the Act of Parliament, And for this effect, that your Lordships will hasten the sitting of the Commission for Plantation of Kirks, with all convenient diligence, and your Lordships Answer.

_27. July, 1649. Antemeridiem._ Sess. 27.

_A seasonable and necessary Warning and Declaration, concerning Present and Imminent dangers, and concerning duties relating thereto, from the Generall Assembly of this Kirk, unto all the Members thereof._

The Lord who chooses Jerusalem in a furnace of Affliction, hath been pleased since the beginning of the work of Reformation in this Land, to exercise his People with many trials; all that desired to keep a good conscience, were not long agoe under many heavy and sad pressures from the insolency and oppression of a prevailing party of dis-affected and Malignant men, who under a pretext of bringing the King to a condition of Honour, Freedom and Safety, did carry on an unlawfull Engagement against the Kingdom of _England_: and if the Lord had not been mercifull unto his people, they were like either to have been banished out of the Land, or to have been kept in a perpetuall bondage in their consciences, persons and estates: But he whose Messengers those men had mocked, and whose word they had despised, did bring them down suddenly in a day, and restored liberty and peace unto his people: A mercy and deliverance, which as it ought to be remembred with thankfulnesse and praise, so may it engage our hearts not to faint in troubles and straites that do yet abide us but to trust in the name of the Lord, who both can and will deliver us still out of all our afflictions.

Albeit, wee do now enjoy many rich and precious blessing wherin wee have reason to be comforted, and to rejoyce; yet it were to shut our own eyes if we should not see our selves involved in, and threatned with many and great dangers at home and from abroad, it is matter of exceeding great sorrow to think upon the ignorance and profanity, the impenitencie and security that abounds still in the Land, notwithstanding all the gracious dispensation of the Gospel, and means of grace in such purity and plenty, that none of the Nations round about us can boast of the like, and of all his sharp rods wherewith he hath afflicted us from year to year, and of all the mercies and deliverances wherewith he hath visited us, and of our late solemn confession of sinnes, and engagement unto duties, sealed with the renewing of the Covenant and the Oath of God; Which some men have so far already forgotten, as to return with the dogge to the vomit, and with the sow to the puddle: And many signes of inconstancy and levity do appear among all sorts and ranks of persons, who seem to want nothing but a sutable tentation to draw them away from their stedfastnesse; Our Army is not yet sufficiently purged, but there be still in it Malignant and scandalous men, whose fidelity and constancy, as it is much to be doubted, so is the wrath of the Lord to be feared, upon their proceedings and undertakings, without a speedy and effectuall remedy.