The Acts of the General Assemblies of the Church of Scotland

by Church of Scotland. General Assembly

Aug. 10. 1648. Postmeridiem, Sess. 38.

Overtures for the Remedies of the grievous and common Sins of the Land in this present time.

The Sins of the Land and the Causes and occasions thereof being considered, The following Remedies of these Sins were propounded.

Civill Remedies.

For the present, untill the Overtures prepared to be presented to the Parliament, It is to be Recommended to every Congregation to make use of the 9. Act of the Parliament 1645. at Perth, for having Magistrates and Justices in every Congregation, and of the 8. Act of the said Parliament against Swearing, Drinking and mocking of Piety, and all other Acts of Parliament for restraining or punishing of Vice; particularly for the better restraining of the sin of Whoredom that each Magistrate in every Congregation exact and make compt to the Session of fourty Pounds for each Fornicatour and Fornicatrix, of an hundred Merks for each one of their relapse in Fornication, of an hundreth Pounds for each Adulterer and Adulteress according to express Acts of Parliament which is to be exacted of these who may pay it, and the discretion of the Magistrate is to modifie it according to the ability or inability of each Delinquent.

Domestick Remedies.

1. Let care be taken of concionable receiving of Servants, that they have testimonials of their honest behaviour: And let all such as give testimonials take heed that these to whom they give them, be free of scolding, swearing, lying and such like more common sins, as well as fornication, adultery, drunkenesse, and other grosse and hainous evils; Let the ordinary time of giving Testimonials be in face of Session: And if an extraordinary exigent be: Let it be given by the Minister with [pg 425] consent of the elder of the bounds, wherein the person craving the Testimonial hath resided; If they have fallen or relapsed in scandalous sins, let their Testimonial bear both their fall and Repentance.

2. Let care be had that the Worship of God be practised, and Discipline exercised in Families, according to the Directory for Family Worship in all things as was appointed in the General Assembly 1647. especially in the Ministers constant Catechizing of the Family, and in the performance of the Duties of the Sabbath by all the Members thereof.

3. Let Persons to be married, and who have Children to be baptized, who are very rude and ignorant, be stirred up and exhorted, as at all times, so especially at that time, to attain some measure of Christian knowledge in the grounds of Religion, that they may give to the Minister, before the Elder of the Bounds wherein they live, some accompt of their knowledge that so they may the better teach their family and train up their Children.

4. Let every Family that hath any in it than can read, have a Bible and a Psalm-book, and make use of them; and where none can read, let them be stirred up to traine up their children in reading, and use any other good remedie the Minister and Session can fall on.

General Ecclesiastick Remedies.

1. Let the Remedies which were given at Perth 1645. and are mentioned in the General Assembly 1646. anent the Sins of Ministers be put in execution.

2. Let suspension from the Lords Sacrament be more carefully executed.

3. Let Persons relapse in Adultery (or above) quadrilapse in fornication (or above) or often guilty of other grosser scandals, be Excommunicat somewhat more summarly nor in an ordinary processe (except there be more nor ordinary signes, and an eminent measure of Repentance made known to the Session and Presbyterie) both for the hainousness of the sins and continuance therein, and also for terrour to others; And these not to be relaxed from the sentence of Excommunication without evidence, and undeniable signes of Repentance.

4. Let unpartial proceeding be used against men of all quality, for their scandalous walking, and in particular for drunkenesse, swearing, and other scandalous sins. And this to be tryed at the Visitation of Kirk.

Particular Ecclesiastick Remedies.

And 1. against ignorance.

1. Let Ministers Catechise one day every week (whereon also they may Baptise and Lecture or Preach) and let them preach every Lords Day both before and after noon, according to former Acts of General Assemblies, Let Presbyteries and Synods be very careful of this; And let every Provincial Book, contain an exact accompt thereof.

2. Let Ministers examine all of every quality of whose knowledge they have no certain notice.

3. Let young Persons be Catechized by the Minister from the time they are capable of instruction, and let them not be delayed till they be of age to Communicat.

4. Let Persons grossly ignorant be debarred from the Communion; for the first and second time, let them be debarred, suppressing their names; for the third time, expressing their names; for the fourth time, bring them to publick repentance; all this is to be understood of those that profit nothing, and labours not for knowledge: But if they be profiting in any measure, or labouring that they may profit, their case is very considerable, they ought to have more forbearance.

2. Ecclesiastick Remedies against Prophanesse.

1. Let ignorant and scandalous Persons be put off, and kept off Kirk Sessions.

2. Let every Elder have a certain bounds assigned to him that he may visit the same every moneth at least, and report to the Session what scandals and abuses are therein, or what persons have entered without Testimonials.

3. Let all scandalous persons be suspended from the Lords Supper.

4. Let the Minister deal in private with them that are professing publick Repentance before the Elder of the bounds, thus to try the evidence of their Repentance.

5. Let these who have fallen in Fornication make publick profession of Repentance three several Sabbaths, who is guilty of relapse in Fornication six Sabbaths, who is guilty of relapse in Fornication, or hath once fallen in Adultery, 26. Sabbaths, and these sins to be confessed both in one viz. in Sackcloth, Quadrilapse in Fornication and relapse in Adultery, three quarters of a Year, Incest or Murder a Year, or 52. Sabbaths, in case the Magistrate do not his duty in punishing such crimes capitally; They that fall in Fornication or relapses therein, are first to confesse their Sin before the Session, and thereafter before the Congregation; They that are guilty of greater degrees of that Sin and of the other Sins mentioned in this Article, are to confess their Sin both before the Session & Presbyterie, and there to shew some signes of Repentance before they be brought to the Congregation.

6. Some are to be rebuked at the time of Catechising, who deserve more nor a privase reproof, and yet needs not to be brought to publick Repentance.

7. It will be a good remedie against Sabbath-breaking by Carriers and Travellers, That the Ministers where they dwell cause them to bring Testimonials from the place where they rested on these Lords dayes wherein they were from home.

8. Let all Persons who flit from one Paroch to another have sufficient Testimonials, This is to be extended to all Gentlemen and Persons of quality and all their followers, who come to reside with their Families at Edinburgh, or elswhere, and let the Minister from whom they flit, advertise the Minister to whom they flit, if (to his knowledge) they be lying under any scandal.

9. Let Ministers be free with Persons of quality for amendment of their faults, and (if need shall be) let them take help thereto of some of the Brethren of the Presbyterie.

10. Let the Presbyteries take special notice of Ministers who do converse frequently and familiarly with Malignants, and with scandalous and prophane Persons, especially such as belongs to other Paroches.

11. Let privie Censures of Presbyteries and Synods be performed with more Accuracie, Diligence and Zeal.

12. For better keeping of the Sabbath, let every Elder take notice of such as are within his bounds, how they keep the [pg 428] Kirk, how the time is spent before, betwixt, and after the time of publick Worship.

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 [pg 429] 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 [pg 430] 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 [pg 432] necessary for keeping of the Lords House and People unpoluted with Error, Idolatry, or Superstition.