4 Aug. 1649. Antemeridiem Sess. 40.
Commission for publick Affaires.
The Generall Assemblie Considering how necessary it is for preservation of Religion in this Kingdom, and prosecution of the work of uniformity in all his Majesties dominions, That the Commissions formerly granted to that effect be renewed: Therefore they doe renew the power and Commission granted for the Publick affairs of the Kirk by the Generall Assemblies held at Saint Andros 1642. and at Edinburgh, 1643, 1644, 1645, 1646, 1647. and 1648, unto the Persons following, viz. Masters Alex. Rollock, John Murray, Thomas Lundie, John Freebairne, Geo. Murray, Harie Livingston, William Macjore, Hew Henderson, Samuel Austine, Gavin Young, David Laing, William Maxwell, John Macleland, James Irving, Robert Ferguson, John Scot, Thomas Wylie, Hew. Eccles, John Bell, John Nevoy, William Gutherie, John Hammiltoun, Hew Peebles, Alex. Dunlope, Harie Semple, David Dickson, Patrick Gillespie, James Durham, Robert Baillie, William Hammiltoun, Francis Aird, James Nasmith, Richard Inglis, William Summervail, Evan Cameron, Robert Blair, Samuel Rutherfoord, James Wood, John Macgill Elder, Alex. Balfoure, William Row, John Moncriefe, Fredrick Carmichaell, Herie Wilke, William Oliphant, George Pitillo, John Robison, James Thomsone, William Rate, Da. Campbell, Andro Cant, Io. Menzes, Andro Abercromby, Robert Sheyn, William Forbes, John Paterson, Duncan Forbes, Will. Chalmers, John Annand, Will. Falconer, Murdoch Mackenzie, Robert Jameson, Gilbert Marshell, Jo. Dallase, Wil. Smyth, Robert Hume, Tho. Suintoun, James Strateum, Jo. Douglass, James Guthrie, Tho. Donaldson, Will Jameson, John Livingstoun, John Scot, Andro. Dunkeson, John Dalzell, Arthur Forbes, James Fleming, James Robison, Hew Campbel, Robert Douglasse, Mungo Law, George Leslie, John Adamson, James Hammiltoun, John Smyth, Hew Mackell, Geo: Hutchison, Patrick Fleming, John Hay, Ephraim Melvill, Iohn Low, Gilbert Hall, George Bennet, Kenneth Logie, John Crafurd Ministers, Archbald Marquesse of Argyle, [pg 468] E. of Sutherland, Alex. E. of Eglintoun, John E. of Cassills, Wil. E. of Lothian, the Viscount of Arbuthnet, Da. L. Elcho Lo. Briehen, Rob. Lo. Burly, James Lo. Couper, Sir Archald Johnstoun of Waristoun Clerk Register, Sir Daniel Carmichael Thesaurer Depute, Sir John Hope of Craighall, Mr George Winraham of Libbertoun, Mr Alex. Person of Southhal, Alex. Brodie of that ilk, four of the ordinary Lords of the Session, Arthur Ersken of Scotscrage, Laird of Wauchtoun, Sir David Hume of Wedderburne, Laird of Edzell, Laird of Nidrie, Sir William Scot of Harden, Laird of Greenheid, Laird of Freeland, Laird of Cesnock, Sr. James Stewart of Kirk field, the Laird of Suintoun younger, Laird of Eight, Sir James Fraser, Sir Thomas Ker, Laird of Fernie, Sir Rob. Adair, Sheriff of Tiviotdail younger, Tutor of Pitsligo, Sir John Chiesly, Laird of Englistoun, Laird of Leslie younger, Laird of Dunbeth, La. of Wetertoun, Sir Jo. Smyth, Mr Alex. Colvill of Blair, Whitbank younger, La. of Grenock, Galloshiels younger, Buchchantie, Grachlaw, Cloberhil, Dalserf, Mr Robert Burnet younger, Mr Tho. Murray, James Eleis, David Kennedie, Alex Jaffray, James Sword, George Porterfield, Mr Rob. Barclay, Hew Kennedey, Will. Glendoning, Thomas Machirnie, Rob. Lockhart, Er James Campbel, John Carsane, John Boswel. D. Alex. Donglasse, Mr Alex. Skeen, William Broun Elders, Giving unto them full Power and Commission to do all and every thing for preservation of the Established Doctrine, Discipline, Worship and Government in this Kirk, against all who shall endeavour to introduce any thing contrarie thereunto; And for prosecuting, advancing, perfecting and bringing the works of uniformitie in Religion in all his Majesties dominions to a happy conclusion conform to the former Commissions granted by preceding Assemblies thereanent.
And to that effect appoints them or any nineteen of them whereof 13. shall be Ministers, to meet in this Citie to morrow the 7. of this instant, and thereafter upon the second Wednesday of Novemb. February and May next, and upon any other day, and in any other place they shall think fit: Giving also unto them full power, to send Commissioners to the Kingdom of England, for prosecuting the Treatie of [pg 469] Uniformitie as they shall find conveniencie, and to give Instructions and Commissions to that effect conform to former Commissiones granted thereanent: And Likewise in case 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 power of censuring Compliers & 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 quarterlie meetings of this Commission; And further authorizes them as formerlie, with full power to make Supplications, Remonstrances; Declarations and Warnings, to Indict Fasts and Thanksgivings as there shal be cause, to protest against all encroachments upon the Liberties of the Kirk, and to Censure all such as Interrupt this Commission or any other Church Judicatorie, or the execution of their Censures, or of any of her sentences or Acts Issuing from them; And with full power to them to treat and Determine in the Matters referred unto them by this Assemblie, as fullie and freelie as if the same were here fully expressed, and with as ample power as anie Commission of anie former Generall Assemblies hath had or been in use of before: Declaring also that all opposers of the Authoritie of this Commission in matters intrusted to them, shall beholden as opposers of the Authoritie of the Generall Assemblie, and this Commission in their whole Proceedings are Comptable to, and Censurable by the next Generall Assemblie.
Directorie for Election of Ministers.
When any Place of the Ministrie in a congregation is vacant, it is Incumbent to the Presbyterie with all diligence to send one of their number to Preach to that Congregation who in his doctrine is to represent to them the necessitie of providing the place with a qualified pastor, [pg 470] and to exhort them to fervent prayer and supplication to the Lord that he would send them a Pastor according to his own heart: As also he is to signifie that the Presbyterie out of their care of that Flock will send unto them Preachers, whom they may hear, and if they have a desire to hear any other, they will endeavour to procure them an hearing of that person or persones upon the sute of the Elders to the Presbyterie.
2. Within some competent time thereafter, the Presbyterie is again to send one or more of their number to the said vacant Congregation, on a certain day appoynted before for that effect, who are to conveen and hear sermon the foresaid day, which being ended, and intimation being made by the Minister, that they are to goe about the Election of a pastor for that Congregation, the Session of the Congregation shall meet and proceed to the Election, the action being moderated by him that Preached, And if the people shall upon the intimation of the Person agreed upon by the Session acquiesce and consent to the said person, Then the matter being reported to the Presbyterie by Commissioners sent from the session, they are to proceed to the triall of the person thus Elected, And finding him qualified, to admit him to the Ministry in the said Congregation.
3. But if it happen that the Major part of the Congregation dissent from the person agreed upon by the Session, In that case the matter shall be brought unto the Presbyterie, who shall Judge of the same; And if they doe not find their Dissent to be grounded on Causlesse prejudices, they are to appoynt a new Election in manner above specified.
4. But if a lesser party of the Session or Congregation shew their dissent from the Election without exceptions relevant and verified to the Presbyterie, Notwithstanding thereof the Presbyterie shall go on to the trials and ordination of the person elected; Yet all possible diligence and tendernesse must be used to bring all parties to an harmonious agreement.
5. It is to be understood that no person under the Censure of the Kirk because of any scandalous offence is to be admitted to have hand in the election of a Minister.
6. Where the Congregation is disaffected and Malignant, in that case the Presbyterie is to provide them with a Minister.