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 necessary for keeping of the LORDS House and People unpoluted with Error, Idolatry, or Superstition.
Aug. 11, 1648. Ante Meridiem. Sess. XXXIX.
Act for prosecuting the Treaty for the Uniformity in Religion in the Kingdom of England.
The Generall Assembly, Taking to their consideration that the Treaty of Uniformity in Religion in all His Majesties Dominions is not yet perfected; Therefore, Renews the Power and Commission granted by preceeding Assemblies for prosecuting that Treaty unto these Persons after-named, viz. Mr Robert Dowglas, Mr Samuel Rutherford, Mr Robert Baillie, Mr George Gillespie, Ministers. And John Earle of Cassills, John Lord Balmerinoch, and Sr. Arch. Johnston of Wariston, Elders; Authorizing them with full power to prosecute the said Treaty of Uniformity with the Honourable Houses of the Parliament of England, and the Reverend Assembly of Divines there, or any Committees Appointed by them: And to do all and every thing which may advance, perfect, and bring that Treaty to an happie conclusion, conform to the Commissions given thereanent.
Act Renewing the Commission for the publick Affairs of this Kirk.
The Generall Assembly Taking to their consideration, that in respect the great work of Uniformity in Religion in all his Majesties Dominions is not yet perfected (though by the Lords blessing there is a good progress made in the same) There is a necessity of renewing the Commissions granted formerly for prosecuting and perfecting that great Work; Do Therefore Renew the Power and Commission granted for the Publick Affairs of the Kirk by the Generall Assemblies held at Saint Andrews, 1642, and at Edinburgh 1643, 1644, 1645, 1646, and 1647, unto the persons following, viz. Masters, John Lawder, Andrew Wood, David Calderwood, Robert Ker, John Mackghie, John Knox, John Sinclar, John Adamson, Robert Dowglas, George Gillespie, James Hamilton, Mungo Law, John Smith, Robert Lawrie, George Lesly, John Weir, Robert Eliot, Alexander Dickson, Patrick Fleeming, Thomas Vassie, Ephraim Melvill, Hew Kennedie, Kenneth Logie, Alexander Levistoun, George Bennet, David Weems, William Row, Robert Young, William Menzies, John Friebairne, John Givan, Harie Guthrie, Andrew Rind, David Auchterlony, Samuel Ousteen, Thomas Henderson, Charles Archibald, Andrew Lawder, John Leviston, John Macklellan, Alexander Turnbull, William Foullerton, George Hutcheson, John Genell, Patrick Colvill, James Ferguson, Hew Peebles, John Hamilton, Alexander Dunlope, David Ephiston, David Dickson, Robert Baillie, Robert Ramsay, Patrick Gillespie, Patrick Sharpe, James Nasmith, John Home, Evan Camron, Robert Blair, Samuel Rutherfurd, David Forret, Robert Traill, Andrew Bennett, Walther Greg, John Macgill younger, John Moncreiff, Fredrick Carmichaell, John Chalmers, John Duncan, Andrew Donaldson, Wil. Oliphant, George Simmer, Andrew Affleck, Arthur Granger, David Strachen, Andrew Cant, John Rew, John Paterson, Alexander Cant, John Young, John Seaton, David Lindsay at Belhelvie, Nathaniel Martine, John Annand, William Falconer, Joseph Brodie, Alexander Summer, William Chalmer, Gilbert Anderson, David Rosse, George Gray, Robert Knox, William Penman, James Guthrie, Thomas Donaldson, William Jameson, Thomas Wilkie, James Ker, John Knox, Andrew Dunncason, Ministers: Archibald Marques of Argile, Alexander Earle of Eglintoun, John Earle of Cassils, William Earle of Lothian, Archibald Lord Angus, William Lord Borthwick, John Lord Torphichen, John Lord Balmerino, Robert Lord Burly, James Lord Couper, _________ Lord Kilcudbright, Alexander Lord Elcho, Sir Archibald Johnston of Wariston, Sir John Hope of Craighall, Arthur Erskin of Scotscraig, Sir John Moncreiff of that ilk, ________ Beaton of Creigh, Sir John Wauchhope of Midrie, Sir Thomas Ruthven of Frieland, Sir George Maxwell of Netherpollock, Sir James Fraser of Brae, Sir James Hackact of Pitfirren, Sir William Carmichaell younger of that ilk, Walter Dundas younger of that ilk, Thomas Craigs of Ricarton, Mr George Winrain of Liberton, Sir Alexander Inglis of Ingliston, Alexander Brodie of that ilk, __________ Forbes of Eight, William Moore of Glanderston, John Ker of Lochtour, Alexander Pringill of Whitbank, Walther Scot of Whitslaid, John Crafurd of Crafurdland, Sir John Chisly of Carswell, Robert Monroe of Obsteall, __________ Cornwall of Bonhard, George Dundas of Dudingston, Sir Iames Stewart of Kirkfield, Mr Alexander Colvill of Blair, Mr Alexander Peirson, Mr Robert Burnet younger, Mr Thomas Murray, George Potterfield, Mr Iames Campbell, Iames Hamilton, Lawrence Henderson, Mr Robert Barclay, Mr William More, William Glendoning doctor, __________ Dowglas, Iames Sword, Gideon Iack, Mr Dougall Campbell, Iohn Boswall, Iohn Brown, Wil. Brown, Robert Brown and William Russell, Elders: Giving unto them full Power and Commission, to do all and every thing for preservation of the Established Doctrine, Discipline, Worship and Government of this Kirk, against all who shall endeavour to introduce any thing contrary thereunto, and for prosecuting, advancing, perfecting and bringing the said Work of Uniformity in Religion in all His Majesties Dominions to a happy conclusion, conform to the former Commissions granted by proceeding Assemblies thereanent, And to that effect Appoints them, or any seventeen of them, whereof thirteen shall be Ministers to meet here in this City to morrow the 12ᵗʰ of this Moneth, And thereafter upon the last Wednesday, of November, February, and May next, and upon any other day, and in any other place they shall think fit. Renewing also to the Persons before named the power contained in the Act of the Assembly 1643, Intituled “A Reference to the Commission anent the Persons designed to repair to the Kingdom of England.” And further, in case Delinquents have no constant residence in any one Presbyterie, or if Presbyteries be negligent or overawed, in these cases The Assembly gives to the persons before named, such power of censuring complyers and persons disaffected to the Covenant according to the Acts of the Assembly, Declaring alwayes and providing, that Ministers shall not be deposed, but in one of the quarterly meetings of this Commission; And further Authorises them as formerly with full power to make Supplications, Remonstrances, Declarations and Warnings to Indict Fasts and Thanksgivings as there shall be cause to Protest against all encroachments upon the Liberties of the Kirk, And to censure all such as interupt this Commission or any other Church Judicatory, or the execution of their Censures or of any other sentences or Acts issuing from them, And with full power to them to treat and determine in the matters referred unto them by this Assembly, as fully and freely as if the same were here fully expressed, and with as ample power as any Commission of any former Generall Assemblies hath had or been in use of before: Declaring also that all opposers of the authority of this Commission in matters intrusted to them shall be holden as opposers of the authority of the Generall Assembly, And this Commission in their whole proceedings are comptable to, and censurable by the next Generall Assembly.