The Acts of the General Assemblies of the Church of Scotland

by Church of Scotland. General Assembly

Junii 3. 1644 Sess.

Act concerning the Declaration subscribed by the Scottish Lords at Oxford.

The Generall Assembly having received a Copy of a Declaration, made and subscribed at Oxford, sent unto [pg 219] them from the honourable Convention of Estates, and having seriously considered the tenour thereof, doth finde the same to be a perfidious Band and unnaturall confederacy, to bring this Kirk and Kingdome to confusion; and to be full of blasphemies against the late solemne League and Covenant of the three Kingdomes, of vile aspersions of Treason, Rebellion and Sedition, most falsly and impudently imputed to the Estates and the most faithfull and loyall Subjects of these Kingdomes, And seeing it is incumbent to the Assembly to take notice thereof, and to stop the course of these malicious intentions, in so farre as concernes them, Declare that the subscribers of this or the like Declaration or Band, or any that have been accessory to the framing, or that has been, or shall be accessory to the execution thereof, deserve the highest censure of the Kirk: And therefore gives power to the Commissioners of this Assembly appointed for the publick affairs, to proceed against them to the sentence of Excommunication, unlesse they make humble confession of their offence publickly, in such manner, and in such places as the Commission shall prescribe; Or otherwise to refer the tryall and censure of such Delinquents to Presbytereries or Synods as they shall think convenient. And when the sentence of Excommunication shall be pronounced, discharges Presbyteries or Synods to relax any from the sentence, without the advice of the Generall Assembly, or their Commissioners, nisi in extremis. And in respect of the atrocicite of this Fact, the Assembly in all humility, do seriously recommend to the right honourable the Estates of Parliament to take such course, as the persons that shall be found guilty, may be exemplary punished, according to the merit of so unnaturall and impious an offence: And that some publick note of ignominie be put upon the Declaration and Band it self, if their Honours shall think it meet.

Act against the Rebells in the North and South.

The Generall Assembly considering the just sentence pronounced against the principall Actors in that Rebellion in the North and South, by ordinance of the Commissioners of the late Assembly; And finding it most necessary, that such as assisted or joyned with them in that impious and unnaturall Fact, be likewise censured; Therefore ordains Presbyteries and Synods respectivè, to proceed against them with the highest Censures of the Kirk, if they give not satisfaction by publick repentance; And when the sentence of Excommunication shall be pronounced, The Assembly discharges the said Judicatories to relax any of them from the sentence, without the advice of the Generall Assembly, or their Commissioners, nisi in extremis: To whom also the saids Presbyteries and Synods, shall be answerable for their diligence in the premisses as they shall be required. And the Assembly doth humbly recommend to the Honourable Estates of Parliament, to take such course as the Persons that shall be found guilty may be exemplarly punished according to the merit and degree of their offence.

Act against secret disaffecters of the Covenant

The Generall Assembly understanding that divers Persons dis-affected to the Nationall Covenant of this Kirk, and to the Solemne League and Covenant of the three Kingdoms, do escape their just censure, either by their private and unconstant abode in any one Congregation, or by secret conveyance of their malignant speeches and practises; Therefore ordains all Ministers to take speciall notice when any such Person shall come within their Paroches, and so soon as they shall know the same, that without delay they cause warn them to appear before the Presbyteries within which [pg 221] their Paroches lyes, or before the Commissioners of this Assembly appointed for publick affairs, as they shall finde most convenient, which warning the Assembly declares shall be a sufficient citation unto them: And als that all Ministers and Elders declare to the saids Judicatories respectivè, every such disaffected person, although without their own Paroch, so soon as they shall hear and be informed of them. And the Assembly ordains the said Commissioners not only to proceed to Tryal and Censure of such disaffected Persons, but also take a special account of the diligence of Ministers, Elders, and Presbyteries herein respectivè.

Act for sending Ministers to the Armie.

The Assembly understanding that Ministers are not duly sent forth to the Regiments of the Army, neither such as are sent duly relieved, which neglect falleth out oftimes, by reason of questions among Presbyteries interested in the Regiments: Therefore for remedy hereof, thinks it convenient that this order be keeped hereafter; That a List be made of three Ministers by the Colonels, or in their absence by the chief Officers of every Regiment, with advice and consent of the Presbyterie at the Army, and sent to Presbyteries here, or if the list be of Ministers in divers Presbyteries to the Commissioners of the General Assembly, that they may appoint one out of that list to be sent to the Regiment, to attend them for performing Ministeriall duties 3 Moneths: And that the relief of Ministers already sent or to be sent hereafter shall be in the same manner, And the Assembly ordains Ministers who shall be thus appointed by Presbyteries or the Commissioners of the Assembly respectivè, to repair to the Armie with all diligence, under the paine of suspension: And humbly recommends to the Honourable Estates of Parliament, to provide some way whereby these Ministers may have due and ready payment of their allowance, from the time of their going from their charges here. And it is declared that this order shall be also keeped for sending forth of Ministers to the Regiments in the second expedition.

Renovation of the Commission for the Publick affairs of the Kirk.

The Generall Assembly considering that the Commissioners appointed by the last Assembly upon the ninteenth day of August 1643. years, the last Session thereof to sit at Edinburgh, for the Publick affairs of the Kirk, have not yet fully perfected that great Work for Unity of Religion, and Uniformitie of Kirk-government in his Majesties Dominions; And that now in respect of the present condition of affairs in this Kingdome, their proceedings cannot be examined at this time: Therefore finding it necessar that the said Commission be renewed unto the Commissioners therein mentioned, and to the Persons afternamed now thought, fit to be added for the better expediting of the businesse, Do hereby appoint the Persons particularly nominate in the said Commission, viz. Masters Andrew Ramsay, Alexander Henderson, Robert Douglas, William Colvill, William Bennet, George Gillespie, John Oiswald, Mungo Law, John Adamson, John Sharp, James Sharp, William Dalgleish, David Calderwood, Andrew Blackball, James Fleeming, Robert Ker, John Mackenzie, Oliver Cole, Hugh Campbell, Adam Penman, Richard Dickson, Andrew Stevinson, John Lawder, Robert Blair, Samuel Rutherfurd, Arthur Mortoun, Robert Traill, Frederick Carmichael, John Smith, Patrick Gillespie, John Duncan, John Hume, Robert Knox, William Jameson, Robert Murray, Henry Guthrie, James Hamilton, in Dumfreis, Bernard Sanderson, John Levingstoun, James Bonar, Evan Camron, David Dickson, Robort Bailzie, James Cuninghame, George Youngh, Andrew Affleck, David Lindsay, Andrew Cant, William Douglas, Murdo Mackenzie, Coline Mackenzie, John Monroe, Walter Stuart Ministers; Archbald Marquesse of Argyle, William Earle Marshall, John Earle of Sutherland, Alexander Earle of Eglingtoun, John Earle of Cassils, Charles Earl of Dumfermeling, John Earle of Lauderdale, John Earle of Lindsay, James Earle of Queensberry, William Earle of Dalhousie, Archbald Lord Angus, James Vicount of Dudhope, John Lord Maitland, David Lord Elcho, John Lord Bahnerinoch, James Lord Cowper, Sir Patrick Hepburne of [pg 223] Waughtoun, Sir Archbald Johnstoun of Waristoun, Sir David Hume of Wedderburne, Sir Alexander Areskine of Dun, Sir William Cockburne of Langtoun, Sir Thomas Ruthven of Frieland, Sir James Arnot of Fernie, Sir Walter Riddall of that Ilk, Sir Ledovick Houstoun of that Ilk, Sir William Carmichael Fiar of that Ilk, Mr George Douglas of Bonjedburgh, Mr George Winrame of Libertoun, Laird of Brodie, Sir John Smith, James Dennistoun, Master Robert Barclay, John Rutherford, William Glendunning, John Sempill, John Kennedy and Master Alexander Douglas Elders: And also Masters, David Dalgleish, Andrew Bennet, John Moncreiff, Alexander Carse, Thomas Wilkie, James Gushrie, Henry Levingstoun, David Drummond at Creiff, John Hay at Renfrew, John Strang, Richard Inglis, William Falconer, John Paterson, Gilbert Rosse, Richard Maitiand, George Cumming, William Campbel Ministers, And William Earle of Glancairne, William Earle of Louthian, James Lord Murray of Gask, John Lord Yester, Robert Maitland, Frederick Lyon of Brigtoun, James Macdowell of Garthland, David Beton of Creich, Sir James Stuart Sheriff of Buit, Sir John Weemes of Bogie, Mr William Sandilands Tutor of Torphichin, Archbald Sydserfe, Laurence Henderson, James Stuart, Thomas Paterson, and Alexander Jaffrry Elders now added by this Assembly, to meet at Edinburgh upon the fifth day of this instant moneth of June, and upon the last Wednesday of August next, the last Wednesday of November next, and upon the last Wednesday of February next; and upon any other day, or in any other place they shall think meet: Giving and granting unto them, or any fifteen of them, there being twelve Minister present, full power and commission to prosecute the said work of unitie in Religion, and uniformitie of Kirk government in all his Majesties Dominions, and to do and performe all things particularly or generally contained in the said Commission of the preceeding Assembly, or in an Act of the said Assembly upon the said 19. day of August, intituled, A Reference to the Commission anent the Persons designed to repair to the Kingdome of England, and to treat and determine therin, and in all other matters referred unto them by this Assembly, siclike, and as freely, as if all these were herein expressed, and as [pg 224] the persons nominat in that said former Commission might have done by vertue of the said Act and former Commission at any time by-gone, and with as ample power as any Commission of former General Assemblies hath had, or been in use of before, they being alwayes comptable and censurable for their whole proceedings hereintill by the next General Assembly.

Renovation of the Commission granted to the Persons appointed to repair to the Kingdome of England.

The General Assembly, finding that the great Work of unity in Religion, and uniformity of Kirk-government in all his Majesties Dominions is not yet perfected, Do therefore renew the Commission granted for that effect by the preceeding Assembly, unto the Persons appointed to repair to the Kingdome of England upon the 19. day of August 1643. in the last Session thereof, Giving and granting to the Persons therin mentioned, the same power, to do all and every thing particularly or generally contained in the said Commission, in the same manner, and as fully, as if the same were herein expressed, and as they might have done at any time by gone by vertue of the former Commission.

The Assemblies answer to the Presbyterie with the Armie.

Reverend and loving Brethren in the LORD,

We received yours of the 17 and 20 of May, and were much refreshed with the knowledge you gave unto us therein, of your sense of our condition here, and of the Lords dealing with yourselves there in your straits and difficulties: [pg 225] We rejoyce exceedingly to see you make such a blessed use of the Lords delayes, for your further Humiliation and Dependence upon him: That Sanctuary, your Enemies, and the Enemies of your GOD hath taken, shall not save them: You have found by experience in your marches and maintenance, that events are not ordered by the propositions of men, but by the Providence and purpose of GOD. There is a time for every purpose under Heaven, and the Cup of the Amorites must be filled: Which being now full of every abomination, yea of the blood of the Saints, the cry whereof cannot but be heard in Heaven, and answered on Earth, presageth no lesse to us, than that the Lords time of his deliverance of his own, and destruction of his Enemies draweth near.

We are not unsensible of your present estate, and by the Lords grace shall be careful, both here and with our Congregations at home, to make all take the same to heart. As for our condition here remembred with such pious affection by you, we doubt not but ye have heard what the Lord hath done for us; these happy beginnings of the Lords scattering our unnatural Enemies in the North, gives us confidence of his assistance in the midst of difficulties against these that assault us in the South: It is nothing with the Lord to help whether with many, or with them that have no power.

The security of this Nation indeed is great, it is our part to blow the Trumpet to give warning to the People, and to rouze them from that fearful condition which threatneth so much desertion. And to this end we have injoyned a solemne Fast, the causes whereof being more particularly considered by our Commissioners here, will no question be sent unto you, that if the Lord please, you may joyne with us there in that Action.

We have set down an order to be kept hereafter, for sending Ministers unto the Armie, which the Clerk will send herewith unto you. Now the Lord our GOD, in whose Name his people go forth against his Enemies, help and assist them, and cover their heads in the Day of Battel, and be [pg 226] their Refuge; and blesse your travels and endeavours, for the good of their souls and his own glory.

Edinburgh, 3. June 1644.

Subscribed in name of the Generall Assembly by the Moderator.