The Acts Of The General Assemblies of the Church of Scotland Part 15

_Subscribitur_ John Brown, _Cler. Parl._

_The a.s.semblies answer to the Declaration of the Parliament of_ England.

The Generall a.s.sembly of the Kirk of _Scotland_ having received a Declaration sent unto them by the Commissioners of this Kingdome, now at _London_, from the Honourable Houses of the Parliament of _England_ expressing their care to prevent the effusion of Christian bloud in that Kingdome, and their affections to Reformation both in Kirk and State, and having taken the same to such consideration as the importance of so weighty matters, and the high estimation they have of so wise and honourable a meeting as is the Parliament of _England_, did require; have with universall consent resolved upon this following Answer.

I. That from the recent sense of the goodnesse of G.o.d, in their own late deliverance, and from their earnest desire of all happinesse to our native King and that Kingdome, they blesse the Lord for preserving them in the midst of so many unhappy divisions and troubles from a bloudy Intestine War, which is from G.o.d the greatest Judgement, and to such a nation the compend of all calamities. They also give G.o.d thanks for their former and present desires of a Reformation, especially of Religion, which is the glory and strength of a Kingdome, and bringeth with it all temporall blessings of prosperity and peace.

II. That the hearts of all the Members of this a.s.sembly, and of all the wel-affected within this Kingdome, are exceedingly grieved and made heavy, that in so long a time, against the professions both of King and Parliament, and contrary to the joynt desires and prayers of the G.o.dly in both Kingdomes, to whom it is more deare and precious then what is dearest to them in the world, the Reformation of Religion hath moved so slowly, and suffered so great interruption. They consider that not only Prelates, formall Professours, profane and worldly men, and all that are Popishly affected, are bad councellours and workers, and do abuse their power, and bend all their strength and policies against the Work of G.o.d; but the G.o.d of this world also, with Princ.i.p.alities and powers, the rulers of the darknesse of this world, and spiritual wickednesse in high places, are working with all their force and fraud in the same opposition, not without hope of successe, they having prevailed so farre from the beginning, That in the times of the best Kings of _Juda_ of old, and the most part of the Reformed Kirks of late, a through and perfect Reformation of Religion hath been a work full of difficulties, Yet doe they conceive, that as it ought first of all to be intended so should it be above all other things, with confidence in G.o.d, who is greater then the World, and he who is in the World, most seriously endeavoured. And that when the supream providence giveth opportunity of the accepted time & day of salvation, no other work can prosper in the hands of his servants, if it be not apprehended, & with all reverence & faithfulnesse improved. This Kirk and Nation, when the Lord gave them the calling, considered not their own deadnesse, nor staggered at the promise through unbelief, but gave glory to G.o.d. And who knoweth (we speak it in humility and love, and from no other mind then from a desire of the blessing of G.o.d upon our King and that Kingdome) but the Lord hath now some controversie with _England_, which will not be removed, till first and before all, the wors.h.i.+p of his name and the government of his house be settled according to his own will? When this desire shall come, it shall be to _England_ after so long deferred hopes, a tree of life, which shall not only yeeld temporell blessings unto themselves, but also shall spread the branches so far, that both this nation and other reformed Kirks shall finde the fruits thereof to their great satisfaction.

III. The Commissioners of this Kingdome in the late Treaty of peace, considering that Religion is not only the meane of the service of G.o.d and saving of Souls, but is also the base and foundation of Kingdomes and Estates, and the strongest band to tye Subjects to their Prince in true loyaltie, and to knit the hearts of one to another in true unity and love, They did with preface of all due respect and reverence, far from arrogancy or presumption, represent in name of this Kingdome, their serious thoughts and earnest desires for unity of Religion, That in all His Majesties Dominions, there might be one Confession of Faith, one directory of wors.h.i.+p, one publike Catechisme, and one form of Kirk Government. This they conceived to be acceptable to G.o.d Almighty, who delighteth to see his People walking in truth and unity, to be a speciall meanes for conserving of peace betwixt the Kingdomes, of easing the Kings Majesty, and the publike government of much trouble, which ariseth from differences of Religion, very grievous to Kings and Estates, of great content to the King himself, to his n.o.bles, his Court, and all his people, when (occasioned to be abroad) without scruple to themselves, or scandal to others; all may resort to the same publike wors.h.i.+p, as if they were at their own dwellings; of suppressing the names of Heresies, and Sects, Puritans, Conformists, Separatists, Anabaptists, &c. Which do rent asunder the bowels both of Kirk and Kingdome, of despaire of successe to Papists and Recusants, to have their profession, which is inconsistent with the true Protestant Religion, and authority of Princes, setup again, and of drawing the hearts and hands of Ministers, from unpleasant and unprofitable Controversies, to the pressing of mortification, and to Treatises of true pietie, and practical Divinity. The a.s.sembly doth now enter upon the labour of the Commissioners, unto which they are encouraged, not only by their faithfulnesse in the late Treaty, but also by the zeale and example of the Generall a.s.semblies of this Kirk in former times, as may appeare by the a.s.sembly at _Edinburgh_, _Decemb. 25._ in the year 1566. which ordained a Letter to be sent to _England_ against the Surplice, Tippet, Cornercap, and such other Ceremonies as then troubled that Kirk, that they might be removed. By the a.s.sembly at _Edinburgh_, _April 24. 1583._ humbly desiring the Kings Majesty to command his Amba.s.sadour, then going to _England_, to deale with the Queen, that there might be an Union and Band betwixt them & other Christian Princes & Realmes, professing the true Religion for defence and protection of the Word of G.o.d, and Professors thereof, against the persecution of Papists and confederates joyned and united together by the bloudy league of _Trent_: as also that his Majesty would disburden their brethren of _England_ of the yoke of Ceremonies, imposed upon them, against the liberty of the Word: And by the a.s.sembly at _Edinburgh_ _March 3. 1589._ ordaining the Presbyterie of _Edinburgh_ to use all good and possible means for the relief and comfort of the Kirk of _England_, then heavily troubled for the maintaining the true discipline and government of the Kirk, and that the Brethren in their private and publike prayers, recommend the estate of the afflicted Kirk of _England_ to G.o.d, While now by the mercy of G.o.d the conjunction of the two Kingdomes is many wayes increased, the zeale of the Generall a.s.sembly towards their happinesse ought to be no lesse. But besides these, the a.s.sembly is much encouraged unto this duetie, both from the Kings Majesty and his Parliament, joyntly, in their Answer to the proposition, made by the late Commissioners of the Treaty, in these words: _To their desire concerning unity of Religion, and uniformity of Kirk government as a speciall meanes for conserving of peace betwixt the two Kingdomes, upon the grounds and reasons contained in the paper of the_ 10 _of_ March, _and given in to the treatie and Parliament of_ England: _It is answered upon the_ 15. _of_ June, _That his Majestie with advise, of both Houses of Parliament doth approve of the affection of His Subjects of_ Scotland _in their desire of having conformitie of Kirk government between the two Nations, and as the Parliament hath already taken into consideration the Reformation of Kirk government, so they will proceed therein in due time, as shall best conduce to the glory of G.o.d, the peace of the Kirk, and of both Kingdomes._ And also severally: for His Majestie knoweth that the custodie and vindication, the conservation and purgation of Religion, are a great part of the duetie of Civill authority and power. His Majesties late practise while he was here in person, in resorting frequently to the exercises of publike wors.h.i.+p, His Royall actions, in establis.h.i.+ng the wors.h.i.+p and government of this Kirk in Parliament, and in giving order for a competent maintenance to the Ministery and Seminaries of the Kirk, and His Majesties gracious Letter to the a.s.sembly (seconded by the speech of His Majesties Commissioner) which containes this religious expression: _Where any thing is amisse, we will endeavour a Reformation in a fair and orderly way, and where Reformation is settled, we resolve with that authority wherewith G.o.d hath vested us, to maintain and defend it in peace and liberty, against all trouble that can come from without, and against all Heresies, Sects, and Schismes, wich may arise from within._ All these doe make us hopeful that His Majestie will not oppose, but advance the work of Reformation. In like manner the Honourable Houses of Parliament, as they have many times before witnessed their zeale, so now also in their Declaration sent to the a.s.sembly, which not only sheweth the constancy of their zeale, but their great grief that the worke hath been interrupted by a malignant party of Papists and evill affected persons, especially of the corrupt and dissolute Clergie, by the incitement and instigation of Bishops and others, their hope according to their earnest desire, when they shall returne to a peaceable and Parliamentary proceding, by the blessing of G.o.d, to settle such a Reformation in the Church, as shall be agreeable to G.o.ds word, and that the result shall be a most firm and stable union between the two Kingdoms of _England_ and _Scotland_, &c. The a.s.sembly also is not a little encouraged by a Letter sent from many reverend Brethren of the Kirk of _England_, expressing their prayers and endeavours against every thing which shall be found prejudiciall to the establishment of the Kingdome of Christ, and the Peace of their Soveraigne. Upon these encouragements, and having so patent a doore of hope, the a.s.sembly doth confidently expect, that _England_ will now bestirre themselves in the best way for a Reformation of Religion, and do most willingly offer their prayers and utter-endeavours for furthering so great a Work, wherein Christ is so much concerned in his glory, the King in his honour, the Kirk and Kingdome of _England_ in their happinesse, and this Kirk and Kingdome in the purity and peace of the Gospel.

IV. That the a.s.sembly also from so many reall invitations, are heartened to renew the Proposition made by the aforenamed Commissioners of this Kingdome, for beginning the Work of Reformation, at the uniformity of Kirk-government. For what hope can there be of Unity in Religion, of one Confession of Faith, one Form of Wors.h.i.+p, & one Catechisme, till there be first one Forme of Ecclesiasticall Government? Yea, what hope can the Kingdome and Kirk of _Scotland_ have of a firme and durable Peace, till Prelacie, which hath been the main cause of their miseries and troubles, first and last, be plucked up, root and branch, as a plant which G.o.d hath not planted, and from which, no better fruits can be expected then such sower grapes, as this day set on edge the Kingdome of _England_?

V. The Prelaticall Hierarchie being put out of the way, the Work will be easie, without forcing of any conscience, to settle in _England_ the government of the Reformed Kirks by a.s.semblies. For although the Reformed Kirks do hold, without doubting, their Kirk Officers, and Kirk government by a.s.semblies higher and lower, in their strong and beautifull subordination, to be _jure divinio_, and perpetuall: yet Prelacie, as it differeth from the Office of a Pastor, is almost universally acknowledged by the Prelates themselves, and their adherents, to be but an humane ordinance, introduced by humane reason, and settled by humane Law and Custome for supposed convenience: which therefore by humane authority, without wronging any mans conscience, may be altred and abolished upon so great a necessity, as is a hearty conjunction with all the Reformed Kirks, a firm and well grounded Peace betwixt the two Kingdomes, formerly divided in themselves, and betwixt themselves by this part.i.tion wall and a perfect Union of the Kirks in the two Nations: which although by the providence of G.o.d in one Hand, & under one Monarch, yet ever since the Reformation, and for the present also, are at greater difference in the point of Kirk-government, which in all places hath a more powerfull influence upon all the parts of Religion, then any other Reformed Kirks, although in Nations at greatest distance, and under divers Princes.

VI. What may be required of the Kirk of _Scotland_ for furthering the Work of Uniformitie of Government, or for agreeing upon a common Confession of Faith, Catechisme, and directory for Wors.h.i.+p, shall according to the order given by this a.s.sembly, be most willingly performed by Us, who long extreamly for the day when King and Parliament shall joyn for bringing to pa.s.se so great, so good a Work, That all Warres and Commotions ceasing, all Superst.i.tion, Idolatry, Heresie, Sects, and Schismes being removed, as the Lord is one, so his name may be one amongst us; and mercy and truth, righteousnesse and peace meeting together, and kissing one another, may dwell in this Iland.

Act Sess. 8. Aug. 3. 1642.

_Overtures for transplantation of Ministers; and provision of Schools, ordained by the late a.s.sembly at_ Edinburgh _to be sent to Synods, and reported to this a.s.sembly._

Act Sess. 11. _Edinb._ August 5. 1642.

_These Overtures underwritten, anent the transporting of Ministers and Professors to Kirks and Colledges, being read in audience of the a.s.sembly, and thereafter revised by a Committee appointed for that effect, The a.s.sembly appoints them to be sent to the severall Synods, to be considered by them, and they to report their judgements thereof to the next Generall a.s.sembly._

I. No transportation would be granted hereafter without citation of parties having interest (_viz._ the Minister who is sought and his Parish) to hear what they can oppose, and the matter is to come first to both the Presbyteries (_viz._ that wherein the Minister dwels, whose transportation is sought, and the other Presbyterie to which he is sought if the Kirks lye in several Presbyteries) and if the Presbyteries agree not, then the matter is to be brought to the Synod, or Generall a.s.sembly (which of them shall first occure after such transportation is sought) and if the Synod (occurring first) agree not; or if there be appeale made from it, then the matter is to come to the Generall a.s.sembly.

II. A Minister may be transplanted from a particular Congregation (where he can onely doe good to a part) to such a place, where he may benefit the whole Kirk of _Scotland_ because, in reason the whole is to be preferred to a part, such as _Edinburgh_.

1. Because all the great Justice Courts sit there, as Councell, Session, Justice Generall, Exchequer, &c. and it concerns the whole Kirk, that these Fountains of Justice be kept clean, both in the point of Faith, and Manners.

2. Because there is great confluence to _Edinburgh_, from time to time, of many of the chief Members of the whole Kingdome, and it concerns the whole Kirk to have these well seasoned, who (apparantly) are to be the Instruments of keeping this Kirk and Kingdome in good temper.

That this may be the more easily done, the a.s.sembly first recommends to _Edinburgh_, that some young men of excellent spirits may be (upon the charges of the said Town) trained up, at home or abroad, toward the Ministery from time to time. Secondly we meane not, that all the places of the Ministrie of _Edinburgh_ be filled with Ministers to be transported by Authority of this Act, but only till they be provided of one Minister (transplanted by the Authority of the a.s.sembly) for every Kirk in _Edinburgh_, and that the rest of the places be filled either according to the Generall Rules of transportation for the whole Kingdome, or by agreement with actuall Ministers, and their Parishes, with consent of the Presbyterie or Synod, to the which they belong.

III. In the next roome, we finde, that it is a transporting of Ministers for publike good, that Colledges, (having the profession of Divinitie) be wel provided of professors.

Wherin the Colledge of Divinitie in S. _Andrews_ is first to be served without taking any Professors or Ministers out of _Edinburg_, _Glasgow_, or _Aberdene_, and then the rest of the Colledges, would be provided for, as their necessity shal require: yet (in respect of the present scarcity) it were good for the Universities to send abroad for able and approved men, to be Professors of Divinitie, that our Ministers may be kept in their pastoriall charge as much as may be.

Towns also wherein Colledges are, are very considerable in the matter of transportation.

IV. Also Congregations, where n.o.blemen have chief residence are to be regarded, whether planted or unplanted, and a care is to be had, that none be admitted Ministers where Popish n.o.blemen reside, but such as are able men (especially for controversies) by sight of the Presbyterie: and moreover it is necessary, that such Minesters as dwell where Popish n.o.blemen are, and are not able for controversies, that they be transported.

V. They who desire the transportation of a Minister should be obliged to give reasons for their desire: Neither should any Presbyterie or a.s.sembly, pa.s.se a sentence for transportation of any Minister, till they give reasons for the expediencie of the same, both to him and his Congregation, &c. to the Presbyterie whereof he is a member. If they acquiesce to the reasons given, it is so much the better: if they doe not acquiesce, yet the Presbyterie, or a.s.sembly, (by giving such reasons before the pa.s.sing of their sentence) shal make it manifest, that what they doe is not _pro arbritratu, vel imperio_ onely, but upon grounds of reason.

VI. Because there is such scarcity of Ministers having the _Iris_ tongue, necessity requires, that when they be found in the Low-lands, they be transported to the High-lands: providing their condition be not made worse, but rather better by their transportation.

VII. In the point of voluntary transportation, no Minister shal transact and agree with any Parish, to be transsported thereto, without a full hearing of him, and his Parish, before the Presbyterie to which he belongs in his present charge, or superiour Kirk judicatories, if need shall be.

VIII. The planting of vacant Kirks, is not to be tyed to any (either Ministers, or Expectants) within a Presbyterie: but a free election is to be; according to the order of our Kirk, and Lawes of our Kingdome.

IX. The chief Burghs of the Kingdome are to be desired to traine up young men of excellent spirits for the ministery, according to their power, as was recommended to _Edinburgh_: Which course will in time (G.o.d willing) prevent many transplantations.

_The Overtures under-written anent the Schooles being likewise read in audience of the a.s.sembly, they recommend the particulars therein mentioned, anent the providing of the maintenance for School-masters to the Parliament: And ordaine the rest to be sent to the Synods, to be considered by them, and they to report their judgements thereof to the next General a.s.sembly, as said is._

I. Every Parish would have a Reader and a Schoole, where Children are to be bred, in reading, writing, and grounds of Religion, according to the laudable Acts, both of Kirk and Parliament, made before.

And where Grammar Schooles may be had, as in Burghs, and other considerable places, (among which all Presbyterial Seats are to be reputed) that they be erected, and held hand to.

II. Anent these Schooles, every Minister with his Elders shall give accompt to the Presbyteries at the visitation of the Kirk: The Presbyteries are to make report to the Synode, and the Synode to the General a.s.sembly, that Schools are planted, as above said, and how they are provided with men and means.

III. And because this hath been most neglected in the High-lands, Ilands, and borders. Therefore the Ministers of every Parish are to instruct by their Commissioners, to the next General a.s.sembly, that this course is begun betwixt and then: and they are further to certifie from one General a.s.sembly to another, whether this course is continued without omission, or not.

IV. And because the means. .h.i.therto named or appointed for Schooles of all sorts, hath been both little, and ill payed, Therefore, beside former appointments, (the execution whereof is humbly desired, and to be pet.i.tioned for at the hands of His Majestie and the Parliament) the a.s.sembly would further supplicate this Parliament that they (in their wisdome) would finde out how meanes shall be had for so good an use, especially that the Children of poore men, being very capable of learning, and of good engines, may be trained up, according as the exigence and necessity of every place shall require. And that the Commissioners, who shall be named by this a.s.sembly, to wait upon the Parliament may be appointed to represent this to his Majestie, and the Parliament, seeing His sacred Majestie, by his gracious Letter hath put us in hope hereof, wherewith we have been much refreshed.

V. The a.s.sembly would supplicate the Parliament, that for youths of the finest and best spirits of the High-lands, and borders, maintenance may be allotted (as to Bursars) to be bred in Universities.

VI. For the time and manner of visitation of Schooles, and contriving the best and most compendious and orderly course of teaching Grammar, we humbly desire the a.s.sembly to appoint a Committee for that effect, who may report their diligence to the next General a.s.sembly.

_The Overtures and Articles above-written being reported to this a.s.sembly, after reading and serious consideration thereof, the a.s.sembly approves the same, and ordaines them to have the strength of an Act and ordinance of a.s.sembly, in all time-coming._

Sess. 11. August 5. 1642.

_Act anent contrary Oaths._

The Generall a.s.sembly finding the inconvenience of contrary Oaths in trying of Adulteries, Fornications, and other faults and scandals, do therefore for eviting there of, discharge Synods, Presbyteries and Sessions, to take Oath of both parties in all time hereafter, Recommending to them in the mean time all other order and wayes of tryall used in such cases: And that there may be a common order and course kept in this Kirk of trying of publike scandals, The a.s.sembly ordains the Presbyteries to advise upon some common order hereintill, and to report their judgements to the next a.s.sembly.