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, [pg 132] 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 [pg 133] 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 [pg 134] 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 [pg 135] 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.