The Acts Of The General Assemblies of the Church of Scotland Part 40

DIRECT

To the Right Honourable, And Right Reverend the a.s.sembly of Divines in _England_ now a.s.sembled at _Westminster_.

The Ministers and Elders conveened in the _Generall a.s.sembly_ of the Kirk of _Scotland_.

_Eodem die Postmeridiem_, Sess. 25.

_The Humble Supplication of the Generall a.s.sembly, To the Right Honourable the Committee of Estates._

Whereas the High and Honourable Court of Parliament and your Lords.h.i.+ps were pleased to injoyn the subscription of a Declaration and Band of the date _June 10. 1648._ And we having found after such examination and tryal, as is competent to the Servants of G.o.d in an Ecclesiastick way, that the same is a snare to the Consciences of the People of G.o.d in this Land to involve them in guiltinesse, and to draw them from their former principles and Vows in the solemn League and Covenant, as doth more fully appear in our Act concerning the same herewith presented unto your Lords.h.i.+ps. Therefore from our zeal to the glory of G.o.d and tender care of the souls committed unto us; and for our exonoration, As we do seriously exhort that your Lords.h.i.+ps would be sensible of the guilt that you have already brought upon your selves and others, by injoyning and urging that subscription, So we do earnestly and in the bowels of _Jesus Christ_ intreat, That your Lords.h.i.+ps would take such order and course as that it may be no further pressed upon the people of G.o.d throughout the Land.

And because the people groan under the violence and oppression of Officers and Souldiers in their Quarterings of otherwise throughout all the corners of the Countrey (which as it hath ascended into the ears of the Lord of Hosts, so we doubt not but it is come to your knowledge) We conceive it to be inc.u.mbent to us to represent the same to your Lords.h.i.+ps, beseeching and obtesting you that as you would not desire that the Lord should visit because of these things, you would think upon an effectuall remedy for punis.h.i.+ng and redressing what is past, and preventing the like in time coming.

And whereas by an Act and inhibition of your Lords.h.i.+ps The Liberty of Printing being one of the Kirks Priviledges confirmed by Parliament is restrained, Therefore we intreat that the inhibition upon the Printers may be taken off.

And now having condiscended upon a Declaration to all the Members of this Kirk concerning present dangers & duties, We do in all humility offer the same to your Lords.h.i.+ps (together with our Answer to the Paper last sent to us from your Lords.h.i.+ps) professing in the sight of G.o.d (whose Servants we are) that we have walked herein according to the rule of his Word, and have nothing before our eyes but his Glory, and the well of his People, And therefore intreats your Lords.h.i.+ps, that you would seriously ponder the same without prejudice, and as you desire to be comforted in the day of your accompts, to make right use of the light that is holden forth therein from G.o.ds Word.

August 3. 1648. _Antemeridiem_, Sess. 26.

_Act for censuring Ministers for their silence, and not speaking to the corruptions of the time._

The Generall a.s.sembly, taking to their serious consideration, the great scandals which have lately encreased, partly through some Ministers their reserving and not declaring of themselves against the prevalent sins of the times, partly through the spite, Malignity, and insolency of others against such Ministers as have faithfully and freely reproved the Sins of the times without respect of persons, Do therefore for preventing and removing such scandals hereafter, Appoint and Ordain, that every Minister do by the word of Wisdom apply his Doctrine faithfully against the publick Sins and Corruptions of these times, and particularly against the Sins and Scandals in that Congregation wherein he lives, according to the Act of the Generall a.s.sembly 1596. revived by the a.s.sembly at _Glasgow_, 1638.

Appointing that such as shall be found not applying their Doctrine to corruptions, which is the Pastorall gift, cold, and wanting of Spirituall zeal, flatters and dissembling of publick sins, and especially of great Personages in their Congregations, that all such persons be censured according to the degree of their faults and continuing therein be deprived; And according to the Act of the Generall a.s.sembly 1646. _Sess._ 10. That beside all other scandals, silence, or ambiguous speaking in the publike Cause much more detracting and disaffected speeches be seasonably censured; As therefore the Errours and exorbitancies of Sectaries in England are not to be pa.s.sed in silence, but plain warning to be given of the danger of so near a contagion, that people may beware of it, and such as neglect this duty to be Censured by their Presbyteries, So it is thought fit and Appointted by the a.s.sembly, conform to the foresaid Acts.

That the main current of applications in Sermons may run along against the evils that prevail at home, and namely against the contempt of the Word, against all profanesse, against the present defection from the League and Covenant, against the unlawful Engagement in War, against the unlawful Band and Declaration of the Date of the 10. of June ordained to be subscribed by all the Subjects, and other unjust Decrees established by Law, against the Plots and Practises of Malignants, and against the Principles and Tenents of _Erastianism_, which spread among divers in this Kingdom; For the better confutation whereof, it is hereby Recommended to the Ministery to study that point of controversie well, that they may be the more able to stop the mouths of gainsayers: Tis also hereby Recommended to the several Presbyteries and Provincial Synods, that they make special enquiry and trial concerning all the Ministery in their bounds, And if any be found too sparing general, or ambiguous in the foresaid applications and reproofs that they be sharply rebuked, dealt with, and warned to amend under the pain of suspension from their Ministery; And if after such warning given they amend not, that such be suspended by Presbyteries, and in case of their negligence by the Synods till the next General a.s.sembly; But if there be any, who do neglect and omit such applications and reproofs, and continue in such negligence after admonition and dealing with them, they are to be cited, and after due triall of the offence to be deposed, for being pleasers of men rather then servants of _Christ_, for giving themselves to a detestable indifferency or neutrality in the Cause of G.o.d, &c. for defrauding the souls of people, yea for being highly guilty of the blood of souls in not giving them warning: Much more are such Ministers to be censured with Deposition from their Ministry who preach for the lawfulnes or pray for the success of the present unlawfull Engagement, or that go along with the Army themselves, or who subscribe any Bands or take any Oaths not approved by the General a.s.sembly or their Commissioners, or by their counsel, countenance or approbation make themselves accessory to the taking of such Bands and Oaths by others: It is to be understood that if any Minister preach in defence of or pray for the successe of the Sectaries in _England_, he is likewayes to be censured by deposition. And this we adde as a generall rule to be observed on both hands, but not as if we had found any of the Ministery of this Kingdom to be favourers of the Sectaries in _England_:

And in case any Minister for his freedom in preaching, and faithfull discharge of his conscience shall be in the face of the Congregation or elsewhere upbraided, railed at, mocked, or threatened, or if any injury or violence be done to his person, or any stop and disturbance made to him in the exercise of his Ministeriall calling, The Presbyterie of the bounds shall forthwith enter in processe with the offender, and whoever he be Charge him to satisfie the Discipline of the Kirk by publick Repentance, which if any do not, or refuse to do, That then the Presbyterie proceed to Excommunication against him; In all which Presbyteries and Synods are to give an account of their diligence: And the a.s.sembly Appoints this Act to be intimate in the several Congregations of this Kirk.

August 4. 1648. _Postmeridiem_, Sess. 21.

_Overtures concerning the education of the Hie-land Boys in the Province of_ Argyle.

This day the report following being made from the Committee concerning the education of Hie-land Boys in _Argyle_, viz.

_The Committee considering the Bill remitted by the Generall a.s.sembly to us concerning the Hie-land Boys_ (_who are given up to be fourty in number of good spirits and approven by the Province of_ Argyle) _Do humbly think, that four of them who are ready for the Colledge should be recommended to the Universities to get Burses on in every Colledge. As for the rest of the 40, who are to be brought up at Grammar Schools, The Committee thinks that if the said Boys should be scattered through the Kingdom they should lose the Irish Language, and so the a.s.sembly shall fail of their purpose to make them usefull for the Hie-lands: And therefore do humbly conceive that it were fitting that every Congregation pay yearly fourty s.h.i.+llings Scots for maintaining the said Boys at Schools in_ Glasgow, _or in other places where many of them may be together accepted of, and that the money be brought in yearly to the General a.s.sembly by the Commissioners of Presbyteries, and that Presbyteries augment or diminish the said proportion according to the ability of every Congregation._

The a.s.sembly having considered the foresaid Report, Approves the first Overture, And recommends _Colin Campbell_ to the University of _Aberdeen_, _Duncan Campbell_ to _Edinburgh_, _Patrick Campbell_ to _Glasgow_, _Zachary Maccullum_ to St. _Leonards_ Colledge in St. _Andrews_: As also Approve the second Overture, seriously Recommending to Presbyteries, That the said fourty s.h.i.+llings be collected carefully and sent to _Glasgow_, And the Ministers of _Glasgow_ shall appoint some sufficient man in that Town to receive the said Collection from Presbyteries, And to take charge of the boording and entertainment of the saids Boys in _Glasgow_ at Schooles, and they shall send in the names of the Boys with a Certificate of their proficiency yearly to the Generall a.s.sembly: And this Collection shall onely endure for the s.p.a.ce of twelve years.

August 5. 1648. _Antemeridiem,_ Sess. 30.

_Explanation of the fifth Article of the Overtures concerning Appeals past in the a.s.sembly, 1643._

The Generall a.s.sembly for clearing the sense of the fifth Article of the Overtures concerning Appeals in the a.s.sembly, _1643. Sess. 2_ Declare, that if Appellations, _Post latam sententiam_ be not presented to the Judicatory when the sentence is p.r.o.nounced: The party shall then immediately after the sentence protest for liberty of Appeal, as he shall see cause; And accordingly within ten dayes shall give in his Appeal in writ under his hand, either to the Judicatory or the Moderator thereof, otherwise the Appeal is not to be respected.

_Eodem die 1648. Antemeridiem,_ Sess. 30.

_Act discharging deposed or suspended Ministers from any exercise of the Ministery, or medling with the stipend._

The Generall a.s.sembly considering that according to the ancient practise and order of this Kirk, the Censure of Suspension and Deposition of Ministers is both _ab officio_ and _a beuoficio_, as is also acknowledged by the 20. Act of the Parliament, _Anno 1644._ And that the continuance of suspended or deposed Ministers in the exercise of the Ministery or in the possession of their stipend hath been & ought to be accompted and censured as a great contempt of the Authority and Censures of the Kirk, Considering also that the continuance of deposed Ministers in the possession of the stipend, is a great prejudice and obstruction to the planting of the vaiking Kirk, and to the service of G.o.d there. Therefore do declare and Ordain, That whosoever after the sentence of Deposition p.r.o.nounced against them, Do either exercise any part of the Ministeriall calling in the places they formerly served in; or elsewhere, or do possesse, meddle, or intromet with the stipend or other benefits whatsoever belonging to these Kirks they served at, They shall be proceeded against with Excommunication; And if any suspended Minister during his suspension, either exercise any part of the Ministeriall Calling, or intromet with the Stipend, That he be Deposed, And after deposition, continuing in either of these faults, That he be processed with Excommunication; But prejudice always to them of their stipend resting for by-gone service and of any recompence due for building or repairing of the Manse according to the ordinary practise. And the a.s.sembly recommends to Presbyteries seriously to be carefull of the putting of this Act in execution.

August 7. 1648. _Antemeridiem._ Sess 31.

_The a.s.semblies Declaration of the falsehood and forgerie of a lying scandalous Pamphlet put forth under the name of their Reverend Brother Mastr_ Alexander Henderson _after hes death._

The Generall a.s.sembly of this Kirk having seen a Printed Paper, Int.i.tuled, _The Declaration of_ Mr. Alexander Henderson _princ.i.p.all Minister of the Word of G.o.d at_ Edinburgh _and chief Commissioner from the Kirk of_ Scotland _to the Parliament and Synod of_ England _made upon his death-bed._ And taking into their serious consideration how many grosse lies and impudent calumnies are therein contained; Out of the tender respect which they do bear to his name (which ought to be very precious to them and all posterity, for his faithfull service in the great Work of Reformation in these Kingdoms, wherein the Lord was pleased to make him eminently instrumentall) and lest through the malice of some, and ignorance of others the said Pamphlet should gain belief among the weaker sort, They have thought fit to make known and declare concerning the same as followeth.

That after due search and tryall they do finde that their worthy brother Master _Alexander Henderson_ did from the time of his coming from _London_ to _Newcastle_ til the last moment of his departure out of this life upon all occasions manifest the constancy of his judgement touching the Work of Reformation in these Kingdoms; Namely, in all his discourses and conferences with his Majesty, and with his Brethren who were employed with him in the same Trust at _Newcastle_, In his Letters to the Commissioners at _London_, and particularly in his last discourse to his Majestie at his departing from _Newcastle_, being very weak and greatly decayed in his Naturall strength. When he was come from _Newcastle_ by sea to this Kingdom, he was in such a weak worn and failed condition, as it was evident to all who saw him, that he was not able to frame any such Declaration, for he was so spent that he died within eight dayes after his arrivall; And all that he was able to speak in that time did clearly shew his judgement of, and affection to the Work of Reformation and Cause of G.o.d to be every way the same then, that it was in the beginning and progresse thereof, as divers Reverend Brethren who visited him have declared to this a.s.sembly, and particularly two Brethren, who constantly attended him from the time he came home till his breath expired. A further testimony may be brought from a short Confession of Faith under his hand found amongst his Papers, which is expressed as his last Words, wherein among other mercies he declareth himself _most of all obliged to the grace and goodnesse of G.o.d for calling him to believe the Promises of the Gospel, and for exalting him to be a Preacher of them to others, and to be a willing though weak instrument in this great and wonderful work of Reformation, which he earnestly beseecheth the Lord to bring to a happy conclusion._ Other reasons may be added from the levity of the stile and manifest absurdities contained in that Paper. Upon confederation of all which this a.s.sembly doth condemn the said Pamphlet as forged, scandalous, and false, And further Declare the author and contriver of the same void of charity and a good conscience, and a grosse lyar and calumniator led by the Spirit of the accuser of the Brethren.

_Act for taking the Covenant at the first receiving of the Sacrament of the Lords Supper, & for the receiving of it also by all Students at their first entry to Colledges._