Junii 3, 1644. Sess. VI.
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 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 Presbyteries 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 atrocitie 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 exemplarly 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 respective, 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 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 delate to the saids Judicatories respective, every such dis-affected Person, although without their own Paroch, so soon as they shall hear and be informed of them. And the Assembly ordains the saids Commissioners not only to proceed to Tryal and Censure of such disaffected Persons, but also to take a special account of the diligence of Ministers, Elders, and Presbyteries herein respective.