The Acts of the General Assemblies of the Church of Scotland

by Church of Scotland. General Assembly

Act Sess. 7. August 3. 1642.

Act anent the order for making Lists to His Majestie, and other Patrons for Presentations; The order of tryal of Expectants, and for trying the quality of Kirks.

Forsameikle as His Majestie was graciously pleased in His Answer to the Petition, tendred by the Commissioners of the late Assembly to His Majestie, to declare and promise, for the better providing of vaiking Kirks at His Majesties Presentation with qualified Ministers, to present one out of a list of six persons, sent to His Majestie from the Presbyteries wherein the vaiking Kirk lyeth, as His Majesties Declaration, signed with his Royal hand at White-hall, [pg 116] the 3. of January last, registrate in the books of Assembly, this day at length beares. And suchlike whereas the Lords of Exchequer upon a Petition presented to them by the Commissioners of the Generall Assembly, and the Procurator and Agent for the Kirk representing two Prejudices; one, that gifts obtained from His Majestie of Patronages of Kirks, at His Presentation were passing the Exchequer, without the qualification and provision of a List, wherewith His Majestie was pleased to restrict himself; and the other, that some were seeking gifts of patronage of Bishop-Kirks, which we declared to belong to Presbyteries, to be planted by two Acts of the late Parliament, The saids Lords have ordained that no signatory containing gifts of patronages from His Majestie, shall passe hereafter, but with a speciall provision that the same shall be lyable to the tenor of His Majesties said Declaration. Ordaining also the Procurator & Agent of the Kirk to be advertised, & to have place to see all signaters whatsoever, containing any patronage, to the effect they may represent the interest of the Kirk therein; as the said Act of the date the 27 of June last, registrate also in the Books of Assembly, this day at length beares. Therefore that the saids Kirks which now are, or which were at his Majesties presentation the sayd third day of January last, may be the better provided with able Ministers, when the samine shall vaik, The Assembly ordaines that hereafter every Presbyterie shall give up yearly a Roll of the ablest of their Expectants, to their Synods; and that the Synods select out of these Rolls such persons whom they in certain knowledge judge most fit for the Ministrie and worthiest of the first place, With Power to the Synods to adde or alter these Rolls given by the Presbyteries, as they thinke reasonable: And that the Synods shall send the Rolls made by them in this manner, to the next Generall Assembly, who shall also examine the Rolls of the Synods, and adde or alter the same as shall be thought expedient. Which Roll made by the Generall Assembly, shall be sent to every Presbyterie & that the Presbyterie, with consent of the most or best part of the Congregation, shall make a List of six persons willing to accept of the presentation out of that Roll of the Assembly, upon every occasion of vacation of [pg 117] any Kirk within their bounds, and shall send the samine together with a blank presentation: The which (if His Majesty be Patron to the vacant Kirk) shall be sent by the said Procurator and Agent, to such as the Commissioners of the Generall Assembly, or in their absence the Presbyterie of Edinburgh: shall direct and think at that time most able and willing to obtain the presentation, to be signed and filled up by His Maj. choise of one of the List. And if the vacant Kirk be of a Patronage disponed by His Majesty since the 3. of January, in that case either the Presbyteries themselves shall send a List of six persons in maner aforesaid, with a blank presentation to the Patron, to be filled up by his choise, & subscribed or send the samine to the saids Officers of the Kirk, to be conveyed by them to the Patron of the vaiking Kirk, as the Presbyterie shall think most expedient. It is always declared, that this order shall be without prejudice to the Presbyteries, with consent foresaid, to put actual Ministers upon the said List of six persons, to be sent to the Patron of the said vaiking Kirks, if they please. And least that the nomination of Expectants by Presbyteries, Synods, or Assemblies, in their Rolls or Lists foresaid, be mis-interpreted, as though the Expectants nominated in these Rolls and Lists, were thereby holden & acknowledged to be qualified, which is not the intention of the Assembly, who rather think, that in respect of this Order, there should be a more exact tryal of Expectants then before: Therefore the Assembly ordaines, that no Expectants shall be put on the Rolls or Lists above-mentioned, but such as have been upon the publike exercise, at the least by the space of half a year, or longer, as the Presbyterie shall finde necessary. And suchlike ordaines, that hereafter none be admitted to the publike exercise, before they be tried according to the tryal appointed for Expectants, at their entrie to the Ministerie in the late Assembly at Glasgow, in the 24. Article of the Act of the 23. Session thereof: which tryall of the Assembly appoints to be taken of every Expectant, before his admission to the publike exercise. And suchlike ordaines, That the samine tryall shall be again taken immediatly before their admission to the Ministerie, together with their triall mentioned in the advice of some Brethren deputed for penning the corruptions of [pg 118] the Ministery, approven in the said Act of the Generall Assembly at Glasgow. And because that Kirks of the patronages foresaids, will vaik before the Rolls and Lists be made up by the Presbyteries, Synods, and General Assemblies, in manner foresaid: Therefore in the interim the Assembly ordains the Commissioners of every Presbyterie here present, to give in a List of the ablest Expectants within their bounds, the morn, to the Clerk of the Assembly, that the Assembly may out of these Rolls, make a List to be sent to every Presbyterie: Out of which the Presbyteries shall make a List of six persons, with consent foresaid, and send the samine upon vacancie of any Church within their bounds, together with a presentation to His Majestie, or any other patron, in manner foresaid. And because the Procurator and Agent of the Kirk cannot get sufficient information to the Lords of Exchequer anent the Right and Interest of the Kirk, and Presbyteries in Kirks, whereof gifts of patronages may be presented to the Exchequer: Therefore the Assembly ordaines for their better information hereanent, that every Presbyterie, with all diligence, use all meanes of exact tryall of the nature and qualitie of all Kirks within their bounds, as what Kirks belong to the Kings Majesties patronage, what to other Laick patronages, what Kirks of old were planted by the Presbyteries, and what by Prelates, and Bishops, before the Assembly at Glasgow 1638. what hath been the way and time of the change of the planting and providing of the Kirks, if any have been changed or any other thing concerning the nature and qualitie of every Kirk within their bounds, and to send the same to the Procurator of the Kirk with all diligence.

Act anent Lists for the Kirks in the High-lands.

The Assembly considering that in Argyle, and in other places of the Irish language, there will not be gotten six expectants able to speak that language, And therfore the Assembly is hopefull, that in these singular cases, His Majestie will be pleased for Kirks vacand in the Highlands, to accept [pg 119] of a List of so many expectants as can be had, able to speak the Irish language. And the Commissioners Grace promiseth to recommend it to His Majestie.

Overtures against Papists, non-Communicants, and profaners of the Sabbath.

The Assembly would draw up a Supplication to be presented by the Commissioners of the Presbyterie of Edinburgh to the Councell at their first meeting, for the due execution of the Acts of Parliament and Councell against Papists, wherein it will be specially craved, that the Exchequer should be the Intromettors with the Rents of these who are excommunicate, and that from the Exchequer the Presbyterie may receive that portion of the confiscate goods, which the Law appoints to be imployed ad pios usus.

II. Every Presbyterie would conveen at their first meeting, all known Papists in their bounds, and require them to put out of their company, all friends and servants who are Popish within one moneth: Also within that same space, to give their children, sons and daughters, who are above seven yeers old, to be educate at their charges, by such of their Protestant friends, as the Presbyterie shall approve, and finde sufficient caution for bringing home within three moneths such of their children who are without the Kingdom, to be educate in Schooles and Colledges at the Presbyteries sight; to finde caution likewise of their abstinence from Masse, and the company of all Jesuits and Priests.

III. That all, of whatsoever rank or degree, who refuse to give satisfaction in every one of the foresaid Articles, shall be processed without any delay; but those who give satisfaction shall be dealt with in all meeknesse, after this manner: The Presbyteries shall appoint such of their number as they shall find fittest to confer with them so frequently as the Brethren are able to attend, until the midst of October next, against which time, if they be not willing to go to Church, they shall give assurance to go and dwell in the [pg 120] next adjacent University Town, whether Edinburgh, Glasgow, St. Andrews, or Aberdene, from November 1. to the last of March, where they shall attend all the diets of conference which the Professor and Ministers of the bounds shall appoint to them: By which, if they be not converted, their obstinacy shall be declared in the Provincial Synods of April, and from thence their Processe shall go on to the very closure without any farther delay.

IV. That every Presbyterie, as they will be answerable to the next General Assembly, be careful to do their dutie in all the premisses.

V. That there be given presently by the Members of this present Assembly unto the Commissioners of the Presbyterie of Edinburgh, a List of all excommunicate Papists they know, and of all Papists who have children educate abroad, that they may be presented, together with our Supplication to the Councel, at their first sitting.

VI. That the Councel may be supplicate for an Act, that in no Regiment which goes out of the Kingdom, any Papists bear office, and that the Colonel be required to finde caution for this effect, before he receive the Councels warrant for levying any Souldiers: Also that he finde caution for the maintaining of a Minister, and keeping of a Session in his Regiment.

Item, The Assembly would enjoyn every Presbyterie to proceed against Non-communicants, whether Papists or others, according to the Act of Parliament made thereanent. And suchlike, that Acts of Parliament against prophaners of the Sabbath be put to execution.

The Assembly approves the Overtures foresaid, and ordains Presbyteries to put the samine to execution with all diligence: And that the Commissioners of every Presbyterie give in a List of the excommunicate Papists within their bounds, and of Papists children out of the countrey to the Clerk, that the same may be presented to the Councel by the Commissioners of this Assembly.

Act anent the joyning of the Presbyterie of Sky to the Synode of Argyle.

The General Assembly having considered the whole proceedings of the Commissioners of the late General Assembly holden at Edinburgh, anent the reference made to them concerning the Presbyterie of Sky, together with the whole reasons pro & contra in the said matter, after mature deliberation have ratified and approved, and by these presents ratifie and approve the Sentence of the saids Commissioners thereintil. And further ordains the said Presbytery of Sky, and all the Ministers and Elders thereof, to keep the meetings of the Provincial Assembly of Argyle, where they shall happen to be appointed in all time coming, suchlike as any other Presbyterie within the bounds of the said Province of Argyle uses to do: And that the samine Presbyterie be in all time hereafter within the Jurisdiction of the said Provincial Assembly, without any further question to be made thereanent.