Eodem die, 1648. Ante Meridiem. Sess. XXX. Act discharging deposed or suspended Ministers from any exercise of the Ministery, or medling with the stipend.

THE Generall Assembly 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 à beneficio, 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 and 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 God there. Therefore do declare and Ordain, That whosoever after the sentence of Deposition pronounced 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 Assembly recommends to Presbyteries seriously to be carefull of the putting of this Act in execution.

August 7, 1648. Ante Meridiem. Sess. XXXI. The Assemblies Declaration of the falshood and forgerie of a lying scandalous Pamphlet put forth under the name of their Reverend Brother, Master Alexander Henderson, after his death.

THE Generall Assembly of this Kirk having seen a Printed Paper, Intituled, “The Declaration of Mr Alexander Henderson principall Minister of the Word of GOD 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 herein 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 till 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 God, 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 Assembly, 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 God 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 wonderfull 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 consideration of all which this Assembly doth condemn the said Pamphlet as forged, scandalous, and false, And further Declare the author and contriver of the same to be 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, and for the receiving of it also by all Students at their first entry to Colledges.

THE Generall Assembly according to former recommendations, Doth Ordain that all young Students take the Covenant at their first entry to Colledges; And that hereafter all Persons whatsoever take the Covenant at their first receiving the Sacrament of the Lords Supper: Requiring hereby Provinciall Assemblies, Presbyteries and Universities to be carefull that this Act be observed, and accompt thereof taken in the visitation of Universities and particular Kirks, and in the tryall of Presbyteries.

Eodem die, Post Meridiem. Sess. XXXII.

Act concerning Presbyteries maintaining of Bursars.

The Generall Assembly Understanding that the frequent Recommendation of preceding Assemblies for maintaining Bursars, is by many Presbyteries neglected, Do therefore Ordain Synods to crave accompt thereof from Presbyteries at every Provinciall meeting, Which with the Presbyteries answer, shall be put upon record, That so the part both of Presbyteries and Synods and their negligence or diligence in so pious a work may be known by the examination of the Provinciall books to each Generall Assembly.

August 9, 1648. Ante Meridiem. Sess. XXXV.

Act for dis-joyning the Presbytery of Zetland, from the Provinciall Synod of Orkney and Cathnes.

The General Assembly now after exact tryal, finding that the Presbytery of Zetland cannot meet with the Provincial of Cathnes and Orknay to which it was adjoyned by an Act of the Assembly 1646, Sess. 11, And that the allowance and dispensation granted in the preceding Assembly for the halfe of their number to keep the meetings of the said Provinciall cannot be observed in respect of the great distance of that Isle by sea from the land, and the dangerousness of the seas there, and of the passage through them, Therefore after hearing the parties interessed and serious deliberation of the matter, The Assembly doth hereby Dis-joyn the Presbytery of Zetland from the Provincial of Cathnes and Orknay, And Declares for these reasons, That the said Presbytery is to be hereafter subordinate immediately to the Generall Assembly, For which cause, their Commissioners are to be sent to each Generall Assembly the more carefully, And it is hereby Recommended to them that they send to the next Assembly a particular information of the quality and condition of all their Kirks according to the direction of the act of the preceding Assembly Sess. 27, Entituled an act for pressing and furthering the planting of Kirks.

Aug. 10, 1648. Post Meridiem. Sess. XXXVIII.

Overtures for the Remedies of the grievous and common Sins of the Land in this present time.

The Sins of the Land and the Causes and occasions thereof being considered, The following Remedies of these Sins were propounded.

Civill Remedies.

For the present, untill the Overtures prepared to be presented to the Parliament, It is to be Recommended to every Congregation to make use of the 9 Act of the Parliament 1645, at Perth, for having Magistrates and Justices in every Congregation, and of the 8 Act of the said Parliament against Swearing, Drinking and mocking of Piety, and all other Acts of Parliament for restraining or punishing of Vice; particularly for the better restraining of the sin of Whoredom that each Magistrate in every Congregation exact and make compt to the Session of fourty pounds for each Fornicatour and Fornicatrix, of an hundreth Merks for each one of their relapse in Fornication, of an hundreth pounds for each Adulterer and Adulteress according to express Acts of Parliament which is to be exacted of those who may pay it, and the discretion of the Magistrate is to modifie it according to the ability or inability of each Delinquent.

Domestick Remedies.

1. Let care be taken of conscionable receiving of servants, that they have testimonials of their honest behaviour: And let all such as give testimonials take heed that these to whom they give them, be free of scolding, swearing, lying and such like more common sins, as well as fornication, adultery, drunkennesse and other grosse and hainous evils; let the ordinary time of giving Testimonials be in face of Session: And if an extraordinary exigent be: let it be given by the Minister with consent of the elder of the bounds, wherein the person craving the Testimoniall hath resided; If they have fallen or relapsed in scandalous sins, let their Testimoniall bear both their fall and Repentance.

2. Let care be had that the Worship of God be practised, and Discipline exercised in Families, according to the Directory for Family Worship in all things as was appointed in the General Assembly 1647, especially in the Ministers constant Catechizing of the Family, and in the performance of the Duties of the Sabbath by all the members thereof.

3. Let persons to be married and who have children to be baptized, who are very rude and ignorant, be stirred up and exhorted, as at all times, so especially at that time, to attain some measure of Christian knowledge in the grounds of Religion, that they may give to the Minister, before the Elder of the Bounds wherein they live, some accompt of their knowledge, that so they may the better teach their family and train up their children.

4. Let every family that hath any in it that can read, have a Bible and a Psalm-Book, and make use of them; and where none can read, let them be stirred up to traine up their children in reading, and use any other good remedie the Minister and Session can fall on.

Generall Ecclesiastick Remedies.

1. Let the Remedies which were given at Perth 1645, and are mentioned in the Generall Assembly 1646, anent the Sins of Ministers be put in execution.

2. Let suspension from the Lords Sacrament be more carefully executed.

3. Let persons relapse in Adultery (or above) quadrilapse in Fornication (or above) or often guilty of other grosser scandals, be Excommunicat somewhat more summarly nor in an ordinary processe (except there be more nor ordinary signes, and an eminent measure of Repentance made known to the Session and Presbyterie) both for the hainousness of the Sins and continuance therein, and also for terrour to others; And these not to be relaxed from the sentence of Excommunication without evidence, and undeniable signes of Repentance.

4. Let unpartiall proceeding be used against men of all quality, for their scandalous walking, and in particular for drunkennesse, swearing, and other scandalous sins. And this to be tryed at the Visitation of Kirks.

Particular Ecclesiastick Remedies: and I. against Ignorance.

1. Let Ministers Catechize one day every week (whereon also they may Baptize and Lecture or Preach) and let them Preach every Lords Day both before and after noon, according to former Acts of Generall Assemblies, Let Presbyteries and Synods be very carefull of this; And let every Provinciall Book, contain an exact accompt thereof.

2. Let Ministers examine all of every quality of whose knowledge they have no certain notice.

3. Let young persons be Catechized by the Minister from the time they are capable of instruction, and let them not be delayed till they be of age to Communicat.

4. Let persons grosly ignorant be debarred from the Communion; for the first and second time, let them be debarred, suppressing their names; for the third time, expressing their names; for the fourth time, bring them to publick Repentance; all this is to be understood of those that profit nothing, and labours not for knowledge: But if they be profiting in any measure, or labouring that they may profit, their case is very considerable, they ought to have more forbearance.

II. Ecclesiastick Remedies against Prophanesse.

1. Let ignorant and scandalous persons be put off, and kept off Kirk Sessions.

2. Let every Elder have a certain bounds assigned to him that he may visit the same every moneth at least, and report to the Session what scandalls and abuses are therein, or what persons have entered without Testimonials.

3. Let all scandalous persons be suspended from the Lords Supper.

4. Let the Minister deal in private with them that are professing publick Repentance before the Elder of the bounds, thus to try the evidence of their Repentance.

5. Let these who have fallen in Fornication make publick profession of Repentance three severall Sabbaths, who is guilty of relapse in Fornication six Sabbaths, who is guilty of trelapse in Fornication, or hath once fallen in Adultery 26 Sabbaths, and these sins to be confessed both in one habite, viz. in Sackloth, Quadrilapse in Fornication and relapse in Adultery, three quarters of a year, Incest or Murder a year, or 52 Sabbaths, in case the Magistrate do not his duty in punishing such crimes capitally; They that fall in Fornication or relapses therein, are first to confesse their Sin before the Session, and thereafter before the Congregation; They that are guilty of greater degrees of that Sin and of the other Sins mentioned in this Article, are to confess their Sin both before the Session and Presbyterie, and there to shew some signes of Repentance before they be brought to the Congregation.

6. Some are to be rebuked at the time of Catechizing, who deserve more nor a private reproof, and yet needs not be brought to publick Repentance.

7. It will be a good remedie against Sabbath-breaking by Carriers and Travellers, That Ministers where they dwell cause them to bring Testimonials from the place where they rested on these Lords dayes wherein they were from home.

8. Let all persons who flit from one Paroch to another have sufficient Testimonials, This is to be extended to all Gentlemen and Persons of quality and all their followers, who come to reside with their Families at Edinburgh, or elsewhere, and let the Minister from whom they flit advertise the Minister to whom they flit, if (to his knowledge) they be lying under any scandall.

9. Let Ministers be free with persons of quality for amendment of their faults, and (if need shall be) let them take help thereto of some of the Brethren of the Presbyterie.

10. Let the Presbyteries take speciall notice of Ministers who do converss frequently and familiarly with Malignants, and with scandalous and prophane persons, especially such as belong to other Paroches.

11. Let privie Censures of Presbyteries and Synods be performed with more Accuracie, Diligence and Zeal.

12. For better keeping of the Sabbath, let every Elder take notice of such as are within his bounds, how they keep the Kirk, how the time is spent before, betwixt, and after the time of publick Worship.

13. Let no Minister resort to any Excommunicate person without license from the Presbyterie nisi in extremis and let Ministers take speciall notice of such persons as haunt with Excommunicants, and processe them.

14. Frequent correspondence betwixt Presbyteries is a good remedie.

15. At the visitation of each Congregation, let the Session Book be well visited, and for that effect, let it be delivered to two or three Brethren seven or eight dayes before the visitation, that their report of it may be in readinesse against the day of Visitation.

The Assembly allows of all these Overtures and Remedies of the Sins of the Land; And Ordains all of them to be carefully and conscionably put in practise.

Act for examining the Paraphrase of the Psalms and other Scripturall Songs.

The Generall Assembly Appoints Rouse Paraphrase of the Psalms, with the corrections thereof now given in by the Persons appointed by the last Assembly for that purpose, to be sent to Presbyteries, That they may carefully revise and examine the same, and thereafter send them with their corrections to the Commission of this Assembly to be appointed for publick affairs, Who are to have a care to cause re-examine the Animadversions of Presbyteries, and prepare a report to the next Generall Assembly; Intimating hereby, That if Presbyteries be negligent hereof, the next Generall Assembly is to go on and take the same Paraphrase to their consideration without more delay: And the Assembly Recommends to Master John Adamson and Mr Thomas Crafurd to revise the Labours of Mr Zachary Boyd upon the other Scripturall Songs, and to prepare a report thereof to the said Commission for publick affairs, That after their examination, the same may be also reported to the next Generall Assembly.

Overtures concerning Papists, their children, and Excommunicate Persons.

The General Assembly considering the manifold inconveniences that follow upon the sending of the children of Noblemen and others of quality to Forraign Countries wherein Popery is professed, especially that thereby such children are in perill to be corrupted with Popery, and so corrupt these Families and Persons to which they belong, whereby that wicked root of damnable Idolatry, Errour and Heresie may again be occasioned to spring up and trouble many, and provoke the most High GOD to wrath, and to cause his Majestie leave this Land to strong delusions to believe lies; Therefore They Do in the name of GOD, Charge and Require all the Presbyteries of this Kingdom to observe and practise the Rules and directions which are made in former Generall Assemblies for preventing of the said fearfull inconveniences, and namely the Overtures against Papists, non-Communicants, and Profaners of the Sabbath approven in the Generall Assembly held at St Andrews in the year of God, 1642, and the Act anent children sent without the Kingdom made in the Generall Assembly at Edinburgh, Anno 1646. And that they use all diligence for putting in execution the Acts of Parliament and secret Councell made against Papists and Excommunicate Persons; And that they register their diligences thereanent in their Presbyterie Books which are summarily to be recorded in the Synod Books from time to time, That the Generall Assembly may see how these laudable Acts are put in execution, which here are presented with some necessary additions in one view.

1. That every Presbyterie give a List of all Excommunicate Papists they know to be within their bounds to the Commissioners of the Generall Assembly, and of all Papists, yea of them also who professe to have renounced Popery, but yet have their children educated abroad, with the names of these children that are abroad, according to the fifth Overture of the Generall Assembly 1642.

2. That every Presbyterie conveen at their first meeting all known Papists within their bounds, and such as having professed to renounce Popery have their children abroad, and cause them finde sufficient caution for bringing home within three moneths such of their children as are without the Kingdom, to be educated in Schools and Colledges at the Presbyteries sight if they be Minors; and to be wrought upon by gracious conference, and other means of instruction to be reclaimed from Popery if they be come to perfect age.

3. The Parents, Tutors or Friends of Children and Minors shall, before they send them without the Kingdom, first acquaint the Presbyterie where they reside, that they may have their Testimoniall directed to the Presbyterie or Classe within the Kingdom or Dominion beyond Seas whither they intend to send their Children; and at the time of these Childrens return, that they report a Testimoniall from the Presbyterie or Synod where they lived without the Kingdom, to the Presbyterie who gave them a Testimoniall at their going away, according to the Act anent Children sent without the Kingdom Anno 1646.

4. That all Presbyteries give the names of such Pædagogs as were abroad with the children of Noblemen within their bounds, and diligently enquire whether these Pædagogs do continue steadfast in the true Religion, and continue in their service, or whither these Pædagogs do either become corrupt in Religion, or (continuing constant) are removed from their charge and by whom they are removed, and that they signifie these things to the Generall Assembly from time to time or their Commissioners, That they may represent the same to the High Court of Parliament, Lords of secret Counsell or Committee of Estates, for such remedie as shall seem expedient to their Honours, for preventing of, and purging the land from the Plague of Idolatrie.

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.

August 11, 1648. Post Meridiem. Sess. XL.

Exemption of Murray, Rosse, and Caithnesse from the contribution granted to the boyes of Argyle, with a Recomendation to Presbyteries, to make up what is taken of them by that exemption.

Concerning the overture and desire of the Commissioners of the Presbyteries of Murray, Rosse, and Caithnesse for an exemption from that contribution of fourty shillings, recommended for entertainment of the Irish-boyes in Argyle; The Assembly having considered thereof, and of their offer in the name of the said Presbyteries, if that exemption be granted, Do Approve their offer, And Therefore hereby Exoners the said Presbyteries of the said contribution of fourty shillings toward the entertainment of the boyes in Argyle, And Ordains for that exemption according to the offer of their said Commissioners, that each Presbyterie of the said Provinces entertaine one of the Irish language at Schooles, and if any be found already fit for Colledges, they shall maintain them at Philosophie, and so forward, untill they be fit for the Ministry: And Because by this exemption the contribution for the boyes in Argyle will be so much lessened. Therefore The Assembly Recommends to all other Presbyteries to think upon some way how by the charitable supply that may be made up unto them.

Act concerning Collection for the Poor.

The Assembly Understanding that the collections for the poor in some Kirks in the Countrey, are taken in the time of Divine Service, which being a very great and unseemly disturbance of Divine Worship, Do Therefore hereby Inhibit and discharge the same. And Ordains that the Minister and Session appoint some other way and time for receiving the said Collections.

Recommendation for securing provisions to Ministers in Burghs.

In regard that the stipends of many Ministers in Burghs are not secured unto them and their successors; Therefore the Assembly Do seriously Recommend to the Honourable Commission of Parliament for planting of Kirks, to provide reall and valide security of competent and honest meanes to the present Ministers of Burghs and their successours, where they are not sufficiently provided or secured already; Ordaining Presbyteries to use all necessary diligence for prosecuting thereof before the said Commission for planting Kirks.

The Humble Supplication of the Generall Assembly of the Kirk of Scotland, met at Edinburgh August 12, unto the Kings Most Excellent Majestie.

Albeit your Majestie through the suggestions of evil men, may haply entertain hard thoughts of us and our Proceedings, yet the Searcher of hearts knowes, and our consciences bear record unto us, that we bear in our spirits these humble and dutifull respects to your Majestie, that loyall subjects owe to their native Soveraigne, and that it would be one of our greatest contentments upon earth, to see your Majestie reigning for the LORD, in Righteousnesse and Peace over these Nations: And therefore as we do bow our knees daily before the Throne of Grace on your behalf, and the behalf of your Posterity; So we finde our selves, as heretofore, obliged faithfully and freely to warn your Majestie of your danger and dutie; Wishing, and hoping that the LORD will incline your Royall heart, from the sence of the evil which hath befallen You, through the slighting of former Warning, to be more attentive onto this. We are very sensible of your Majesties suffering, and low condition, and do not in the least measure approve, but from our hearts abhorre any thing that hath been done to your Majesties Person, contrary to the common resolutions of both Kingdoms: Yet it shall be your Majesties wisdom, in this as in all that hath befallen you these years past, to read the righteous hand of the LORD, writing bitter things against you, as for all your Provocations, so especially for resisting his Work, and authorising by your Commissions the shedding of the blood of his People, for which it is high time to repent, that there be no more wrath against you and your Realms.

The Commission of the preceding Assembly, whose proceedings are unanimously approven by this Assembly, Having read your Majesties Letter of the date at Carisbrook Castle, December 27, And perused your Concessions, did finde some of these Concessions destructive to the Covenant, and all of them unsatisfactorie, and did therefore emit a Declaration concerning the same, least your Majesties Subjects in this Kingdom should have unawares imbarked themselves in an Engagement upon grounds not consisting with the good of Religion, and the Solemn League and Covenant. For preventing whereof, they did also present most just and necessary desires unto the high and honourable Court of Parliament of this Kingdom; which, if they had been granted, might have through the Blessing of GOD, either procured (upon Treaty) your Majesties re-establishment, and a solide Peace, or laid open the expediencie and necessity of a lawfull War, and have united this Kingdom therein for the good of Religion, of your Majestie, and of your Kingdoms. When the Parliament was pleased without satisfaction to any of these desires, to go on towards the determining of a War upon the grounds contained in their Declaration, As many of their own Members who have been faithfull in the Cause of GOD from the beginning, did dissent from their proceedings, so most of all the Presbyteries and Synods of this Kingdom, and the Committees of War in severall Shires did by humble Supplication represent to the Parliament, how unsatisfied they were in their consciences concerning the present Engagement: Notwithstanding of all which, the Engagement hath been carried on without clearing either of the lawfulnesse or necessity thereof. Therefore, We having now examined the same by the Rule of Gods Word, and having found it unlawfull, as we have warned the whole Kingdom of the danger thereof, So we hold it our Duty also to warne your Majestie as the Servants of the most High GOD, and in Name of the Lord Jesus Christ, who must Judge the quick and dead, Earnestly beseeching your Majestie that as ye would not draw new guilt upon your Majesties Throne, and make these Kingdoms again a field of Blood, you would be far from owning or having any hand in this so unlawfull an Engagement; Which as it hath already been the cause of so much sorrow and many sufferings to the People of God in this Land, who choose affliction rather then sin, So it tendeth to the undoing of the Covenant and Work of Reformation: As we do not oppose the restitution of your Majestie to the exercise of your Royall Power; So we must needs desire that that which is GODS be given unto Him in the first place, and that Religion may be secured before the setling of any humane interest; Being confident that this way is not only most for the Honour of GOD, but also for your Majesties Honor and Safety. And therefore as it was one of our Desires to the High and Honourable Court of Parliament that they would solicite your Majestie for securing of Religion, and establishing the Solemn League and Covenant in all your Dominions, that your Majestie might know that what they intend on your behalf was with a subordination to Religion; So we do now from our selves make this humble address unto your Majestie, intreating your Majestie as you tender Truth and Peace, you would be pleased to suffer your self to be possessed with right thoughts of the League and Covenant, and of the proceedings of your Majesties loyall Subjects in relation thereunto, and give your Royall assent for injoyning of it in all your Dominions. If your Majestie had been pleased to hearken to our Counsell hereanent some years ago, the blood of many thousands, which now lyes upon your Majesties Throne, might have been spared, Popery, Prelacy, Idolatry, Superstition, Prophanesse, Heresie, Errour, Sects and Schismes which are now grown to so great a height in England, might have been extirpate, and your Majestie sitting in Peace in your own House, Reigning over your Subjects with much mutuall contentment and confidence. And if your Majestie shall yet search out and repent of all your secret and open Sins, And after so many dear-bought experiences of the danger of evil Counsell, be now so wise as to avoid it, and to hearken to us speaking unto you in the Name of the Lord, We are confident by this means your Majestie may yet be restored, and a sure and firme peace procured. We take it as a great mercy, and as a door of hope, that GOD still inclines the hearts of all his Servants to pray for your Majestie; And we would not have your Majestie to look upon it as a light thing that you have been preserved alive, when many thousands have by your means and procurement fallen on your right hand and on your left hand. God forbid that your Majestie should any longer despise the word of exhortation, the riches of his goodnesse, forbearance and long suffering, not knowing that the goodnesse of God leads you unto Repentance; For if your Majestie do so, As we are afraid, all Counsels and Endeavours for your Majesties re-establishment shall be in vain and without successe, because of the Wrath of the LORD of Hosts, who brings down the mighty from his Throne, and scatters the proud in the imaginations of their hearts; So we shall mourn in secret for it, and for all the miseries that are like to come upon your Throne and your Dominions, and comfort our selves in this, that we have delivered our own souls. But we desire to hope better things, and that your Majestie will humble your self under the mighty hand of God, and be inclined to hearken to the faithfull advise of his Servants, be willing to secure Religion, and imploy your Royall Power for advancing the Kingdom of the Son of GOD, which will turn as well to the Honour and Happinesse of your Majestie as to the Peace and Safety of your Subjects.

August 12, 1648. Sess. Ult

Act discharging Duels.

The General Assembly taking in consideration the many Duels and combats that have been fought, and Challenges that have been made, and carried, and received in this Land of late. And being sensible of the exceeding great offence that comes by so horrible and hainous a sin; which is a grosse preferring of the supposed credit of the Creature unto the Honour of the most High God, and an usurpation upon the office of the Magistrate by private mens taking of the Sword, And a High degree of murther both of body and soul, by shedding the blood of the one, and cutting off the other from time of repenting; And which doth ordinarily produce many wofull consequents, Therefore doth enact And Ordain that all Persons of whatsoever quality who shall either fight Duels, or make, or write, or receive, or with their knowledge carry Challenges, or go to the fields, either as Principals, or as Seconds to fight Duels and Combats, that they shall without respect of Persons be processed with the Censures of the Kirk and brought before the Congregation two severall Lords-dayes; In the first whereof they are sharply to be rebuked and convinced of the hainousnesse of their sin and offence, and on the next to make a solemn publick Confession thereof, and profession of their unfained Humiliation and Repentance for the same. And if the Person guilty of any of the former offences be an Elder or Deacon, he is to be removed from his office, and whatsoever person guilty of any of these offences, shall refuse to give obedience according to the tenour of this Act, shall be processed to Excommunication: Declaring always, that if any be killed at such Duels, the killer shall be proceeded against by the Kirk as other murtherers.

Act concerning deposed Ministers.

The Assembly considering that divers Ministers deposed for Malignancy, and complying with the Enemies of this Kirk and Cause of God, may be suited by, and hope to get entry in some Congregation where a Minister deposed for Malignancy hath been, and may be supposed to have put on the people a stamp and impression of Malignancie, and being by the Act of the Generall Assembly in Anno 1645, Past all hope of being restored to the place out of whilk he was cast: Now also Ordains and enacts that no Minister deposed for Malignancy and complyance foresaid (when it shall fall out that he be put in a capacity of admission to the Ministry) shall enter into the Congregation of any other Minister who also hath been deposed for Malignancy and complyance, as said is.

The General Assembly not having now time to consider the References of preceding Assemblies, and the most part of Presbyteries not having sent their opinions in Writ, Therefore do yet again Recommend to Presbyteries and Provinciall Assemblies to consider all matters referred by this or by any former Assemblies, are to send their opinions therein in writ to the next Generall Assembly:

The meeting of the next Generall Assembly is hereby Appointed to be at Edinburgh the first Wednesday of July, 1649.

A. Ker.

Index of the unprinted acts of the Generall Assembly, held at Edinburgh, 1648.

1.—Election of Mr George Gillespie, Moderator. Sess. 1.

2.—Recom. to the Magistrates of Edinburgh for accommodating the Assembly-house for the Members thereof. Sess. 2.

3.—Committee for the contraverted Commissions. Ib.

4.—Committee for References and Appeals. Ib.

5.—Committee for Bills and Overtures. Ib.

6.—Committee for triall of the proceedings of the Commission of the preceding Assembly. Ib.

7.—Committee for revising the Provinciall Books. Ib.

8.—Committee for appointing Ministers to Preach during the Sitting of the Assembly. Ib.

9.—Committee to consider the present dangers and duties of these times, and other publick matters. Ib.

10.—Ref. to the Committee to consider of the said Elections of Commissioners from Burghs. Ib.

11.—Act concerning the Commission from Ireland. Ib.

12.—Act rejecting the Commission from the Presbyterie of Chirnside. Sess. 3.

13.—Letter to the Laird of Blacader, Elder in the said Commission, to clear the Assemblies respects to him. Ib.

14.—Act Refusing the Commission from Dunce. Ib.

15.—Meeting of the Commissioners from severall Provinces to try the blasphemies and insolences of the Army, now forth in the late Engagement against England, and to report. Ib.

16.—Act concerning Mr James Aitkin. Sess. 4.

17—Commission for Visitation of the Presbyteries of Dunce and Chirnside. Ib.

18.—Committee for hearing the report concerning the Paraphrase of the Psalmes in Meeter. Ib.

19.—Ref. to the Committee for publick matters, to take in the reports concerning the Directorie of Government, Catechisme, and CXI Propositions. Ib.

20.—Recom. in favours of the relicts of Doctor Sharpe and Mr R. Brounlies to the Committee of Estates. Ib.

21.—Petition from the Army lately gone to England. Sess. 5.

22.—The offers and desires of the Committee of Estates of the 17 July. Ib.

23.—Quære to the Committee of Estates. Ib.

24.—Recom. to the Lord Theasaurer for the arrears of the annuity of 500. li. Sterl. Ib.

25.—Answer to the Quære from the Committee of Estates 17 July. Ib.

26.—Return to the Committee of Estates. Ib.

27.—Ref. Petitions from Ireland for Ministers to a Commitee. Ib.

28.—Modification to Mr David Calderwood for his publick employments. Sess. 6.

29.—Modification to the Clerk of the Assembly for his service. Ib.

30.—Paper from the Committee of Estates of the 18 July. Ib.

31.—The Assemblies return to the said Paper. Ib.

32.—The Committee of Estates answer to the said return. Ib.

33.—The Assemblies Return to the said answer. Ib.

34.—Another Paper from the Committee of Estates of the 18 July. Sess. 7.

35.—Answer to the Paper last sent from the Committee of Estates, bearing a power to certain Members of the Assembly to confer with their Lordships. Ib.

36.—Answer to Mr Patrick Hammiltoun, denying his desire for opening his mouth, with a Recommendation in his favours. Sess. 8.

37.—Remit. Mr James Rosse to Presbyterie and Synod. Ib.

38.—Recom. to Presbyterie of Dunkeld concerning vaiking Stipends. Ib.

39.—Approbation of the Act of the Commission of the preceding Assembly concerning the Collecting of the History of the time. Ib.

40.—Recom. to the Clerk for Printing the publick Papers. Ib.

41.—Recom. to the Clerk for reprinting the Confession of Faith with the Assemblies Approbation. Sess. 9.

42.—Recom. to Mr Robert Dowglas for printing two of his Sermons. Ib.

43.—Ref. concerning Major Turner and Lieut. Colonel Hurrie to the Commission for publike affairs. Ib.

44.—Remit. to the Presbyterie of Edinburgh concerning the Service-books and Idolatrous monuments, now lying in the high-School-yard. Ib.

45.—Committee for considering James Murrays businesse. Ib.

46.—Paper from the Committee of Estates of the 20 Iuly. Sess. 10.

47.—The Assemblies Answer thereto with an appointment for conference. Ib.

48.—Order for citing Patrick Lesly Provest of Aberdeen. Ib.

49.—Recom. to the Committee of Estates concerning his miscarriage. Ib.

50.—Ref. concerning insolences and blasphemies of the souldiers to the Commission for publick affairs. Sess. 11.

51.—Paper from the Committee of Estates of the 22 July concerning the conference, and concerning Patrick Lesly. Sess. 12.

52.—The Assemblies answer to the said Paper. Ib.

53.—Act concerning Mr George Clerk. Ib.

54.—Act refusing Mr George Hutchesons transportation to Air. Ib.

55.—Motion verballie from the Committee for Ministers to the Army, with the Assemblies answer thereunto. Ib.

56.—Act concerning Patrick Leslies answers. Ib.

57.—Paper from the Committee of Estates of the 24 July. Sess. 13.

58.—Ref. of the said Paper to the Committee for publick businesse to consider of an answer, and report their opinions. Ib.

59.—Act concerning Patrick Lesly. Ib.

60.—Appointment of a letter to Mr Hew Henderson for setling in Dumfries according to the sentence of transportation. Ib.

61.—Ref. for planting a Collegue in Air to the Commisson for publick affairs. Ib.

62.—Ref. of the remedies of the sins of the times, to the Committee which was appointed for triall of the Commission of the preceding Assembly. Ib.

63.—Ref. Mr Walter Comries transportation to the Committee of bills, and they to report. Ib.

64.—Appointment that all bills, appeals, references, reports, &c. be given in before Wednesday next. Ib.

65.—Paper from the Committee concerning Patrick Lesley. Sess. 14.

66.—The Assemblies answer thereunto. Ib.

67.—Ref. Patrick Lesley to a Committee for conference. Ib.

68.—Suspension Mr Harie Cockburn. Sess. 15.

69.—Vote sustaining the summons concerning the transportation of Mr John Leviston to Ancrum. Ib.

70.—Recom. Mr Iohn Durie to E. Hadington. Sess. 16.

71.—Ref. Mr Samuel Dowglas to the visitation of Dunce and Chirnside. Ib.

72.—Ref. the dissent of the Brethren in the Provinciall of Merse and Teviotdaill to the said visitation. Ib.

73.—Ref. concerning Ministers to Ireland to the Commission to be appointed for publick affairs. Ib.

74.—Advise concerning discipline to be used, with the Garisons and Regiments in Ireland. Ib.

75.—Letter to Generall Major Monro. Ib.

76.—Ref. for planting the Kirk of Bruntiland to the Commission to be appointed for publick affairs. Sess. 17.

77.—Recom. concerning James Murrayes children. Ib.

78.—Recom. to the Commission of Parliament for planting of Kirks the adjoyning Sutherland, Sutherlandhall, &c. to Lindean and making it a distinct paroch. Ib.

79.—Recom. for keeping in the interim the Kirk of Galosheills. Ib.

80.—Recom. in favours of Mr James Morison Minister at Erne and Randell, or his executors for the payment of a some of mony by the next intrant. Ib.

81.—Recom. for planting Kirks in Badinoch to the Commission for planting of Kirks. Ib.

82.—Recom. to the Commission for publick affairs to think upon and prosecute some wayes for planting a Ministery in Lochabar. Ib.

83.—Recom. to Presbyteries to send a more particular information of the insolencies and miscarriages of the souldiers and the evidences thereof to the Commission for publick affairs. Ib.

84.—Ref. to the Committee of bills to distribute the petitions for charitie. Ib.

85.—Recom. Mr Robert Linsayes relict and children. Sess. 18.

86.—Recom. Mr Patrick Linsayes children. Ib.

87.—Paper from the Committee of Estates of the 28 of July. Ib.

88.—Recom. to Presbyteries to supplie the places of the brethren sent in Commission to the Generall Assembly, or that attend the meetings of the Commission of the Assembly. Sess. 19.

89.—Act for conference with Earle of Abercorne untill the first of March. Sess. 20.

90.—Committee for considering the hospitalls, and to report their condition. Ib.

91.—Commission for visiting Rosse, Sutherland, Cathnes, Orknay, and Zetland, with a Reference concerning Mr Iames Iohnston. Ib.

92.—Commission for visitation of Stirling, and Dumblane Presbyteries, with a Reference for the particular concerning Mr Andrew Iaffray. Ib.

93.—Ref. to the Commission for publick affairs for the triall of the Provinciall book of Argyle. Ib.

94.—Act appointing the Clerk to print the Declaration with the first conveniencie and to send it to Presbyteries. Sess. 22.

95.—Vote for removing the Commissioners in the Province of Galloway in the matter concerning Mr John Levistons transportation to Ancrum. Ib.

96.—Declaration in favour of the Presbyterie of Jedburgh, for preserving their right and interest in planting Ancrum proprio Jure. Ib.

97.—Transportation of Mr John Leviston to Ancrum. Ib.

98.—Order for some Brethrens presenting the Declaration to the Committee of Estates. Sess. 23.

99.—Ref. to the Committee appointed for publick matters to consider of the materialls and draught of a petition to the Committee Estates. Ib.

100.—Ref. for planting Kircaldie to the Commission for publick affairs. Sess. 24.

101.—Approbation of the manner and order of the calling and setling a Collegue in the Kirk of Culrosse. Ib.

102.—Committee concerning Mr Iames Row. Ib.

103.—Committee for examining Witnesses upon the injury done to Mr Robert Melvill. Ib.

104.—Committee for examining a scandalous Pamphlet falsly put forth under the name of Mr Alexander Henderson. Sess. 25.

105.—The Assemblies answer Refusing the desire of the Isle of Makghie in Ireland for Mr Iohn Dick. Ib.

106.—Vote for ___________ Maccullo of Ardwell his purgation by oath. Ib.

107.—Warrant for citing the persons that injured Mr Robert Melvill. Ib.

108.—Vote concerning Patrick Leslie. Sess. 27.

109.—Approbation of the Excambion mentioned in the contract betwixt Sir William Scot and the Minister of Mertoun consented to by the Presbyterie, and approven by the Synod. Ib.

110.—Ref. Mr William Home to the Visitation of Dunce and Chirnside. Ib.

111.—Liberty for Iohn Gillon to preach untill the next Assembly for exercise of his gift. Ib.

112.—Ref. concerning the Quære from the Presbyterie of Edinburgh, touching the marriage of a young gentlewoman minor without consent of her tutors, to a Committee. Ib.

113.—Act refusing the desire of Mr Iames Row for opening his mouth. Ib.

114.—Remit. the appeal of the Parochiners of Schots, concerning the admission of Mr Francis Kincade to the Presbyterie and Synod respectively of consent. Ib.

115.—Act refusing the transporting of Doctor Colvill to the Colledge of Edinburgh. Sess. 29.

116.—Ref. Mr William Sanders to the Commission for planting of Kirks. Ib.

117.—Ref. dissent in the Presbyterie of Chirnside to the visitation of Dunce and Chirnside. Sess. 30.

118.—Act for conference with the Lady Mordington. Ib.

119.—Ref. to the Visitation of Dunce for tryall of that murder committed in the Lord Mordingtons house. Ib.

120.—Appointment of Mr Alexander Leviston to go to Ireland first, next Mr Hary Sempell, Mr Androw Lawder in the third place, and Mr Iohn Dick the last three moneth. Ib.

121.—Recom. Some Brethren to speak again the Lord Theasaurer for payment of by-gones of the annuity of 500l. Sterling. Ib.

122.—Vote for laying aside the question concerning Mr John Lawes appeal. Ib.

123.—Ref. to a Committee to consider of some Overtures concerning Papists and their children and Excommunicate persons and to report. Ib.

124.—Recom. to the Presbyterie of Chirnside, concerning Mordingtons family. Ib.

125.—Act concerning Patrick Leslies acknowledgment and promise of better behaviour, With a Reference to the Commission for publick affairs if he keep not his promise. Sess. 31.

126.—Committee for considering the Petition of the great Session of Edinburgh for Ministers, and to report. Ib.

127.—Continuation of the examination of the Directory of Government, and the CXI Propositions untill the next Assembly. Sess. 32.

128.—Recom. to Universities to bring to the next Assembly the grounds and evidences of their Commissions to Assemblies. Ib.

129.—Commission for Visitation of Glasgow. Ib.

130.—Commission for Visitation of Aberdeen. Ib.

131.—Commission for Visitation of Edinburgh. Ib.

132.—Letter to the Officers of the Army now in England in Answer to their Letter and Petition to the Assembly for Ministers. Ib.

133.—Act reponing Mr William Dowglas. Ib.

134.—Act reponing Mr John Logie. Ib.

135.—Recom. certain persons for charity. Ib.

136.—Act for delaying the Communion. Ib.

137.—Recom. for repairing of Kirks, and founding of Schools in the Presbyterie of Sky. Sess. 33.

138.—Continuation of Mr Andrew Ramsay untill the morne. Ib.

139.—Suspension of Mr Andrew Ramsay, untill the next Generall Assembly. Sess. 34.

140.—Ref. Mr William Colvill to a conference, and they to report. Ib.

141.—Citation of Mr William Colvill apud acta to answer for not reading the Causes of the late Fast. Ib.

142.—Ref. Doctor John Baron to a conference. Ib.

143.—Recom. Mr George Clerk to the Presbyteries within Fife, Angus, and Merns, and Aberdeen. Sess. 35.

144.—Commission for Visitation of the Universitie of St Andrews. Ib.

145.—Act for visiting Hospitals and Mortifications. Ib.

146.—Recom. to the Provinciall of Argyle to visit the Presbyterie of Sky. Ib.

147.—Advise to the Presbyterie to depose Mr William Edmiston with a Recommendation to the Justice to proceed against him for Adultery. Ib.

148.—Recom. to the Presbyterie of Sky to censure Profanation of the Sabbath. Ib.

149.—Approbation of the report for planting of the Kirks of Edinburgh. Sess. 36.

150.—Committee for naming a List of six Ministers for Edinburgh. Ib.

151.—Vote concerning Mr William Colvills answering presently for not reading the Causes of the Fast. Ib.

152.—Continuation of Mr William Colvill untill the morn. Ib.

153.—Continuation of Doctor Baron untill the morn. Ib.

154.—Continuation of the 20s. payed out of every Kirk for dispatches. Ib.

155.—Suspension of Mr William Colvill. Sess. 37.

156.—Suspension of Doctor Baron with a Reference to the Visitation of the Universitie of St Andrews and Commission for publick affairs respectively. Ib.

157.—Recom. of the Minister of Cameron to the Commission of Parliament for planting of Kirks. Sess. 38.

158.—Recommendation to Master James Hamiltoun and Master James Guthrie to draw in Articles the duties of Elders, and a forme of Visitation of Families, and to prepare a report to the next Assembly. Ib.

159.—Recom. to Mr David Calderwood to draw a drought of a forme of visitations of particular Congregations, and to prepare a report to the next Assembly. Ib.

160.—Recom. to Mr John Smith and the Clerk, to draw out all the Acts of Parliament and Assembly, for Kirk Discipline and Penalties for scandalous Sins, and to report to the next Assembly. Ib.

161.—List of six Ministers to Edinburgh. Ib.

162.—Ref. to the Commission for publick affairs to plant four Ministers out of the said List in the Kirks of Edinburgh. Ib.

163.—Declaration of the unsatisfactorinesse of the Observations of the Committee of Estates upon the Assemblies Declaration, with a Reference to the Commission for publick affairs, to put forth an Answer thereto. Sess. 39.

164.—Appointment of the first dyet of Citations in the matter of transportations not to be before the last Wednesday of October. Ib.

165.—The Assemblies Answer to a Quære from the Presbyterie of Elgin, concerning the transporting from the Hie-lands a Minister to the Low-lands. Sess. 40.

166.—Letter to their Brethren in Ireland. Ib.

167.—Letter to the Lord Chancellour. Ib.

168.—Indiction of a Fast on the second Sabbath of September, with the causes thereof. Ib.

169.—Recom. concerning Mr Hew Henderson. Ib.

170.—Recom. for the people in Libberton to repair to the Kirk of Quodquen. Ib.

171.—Recom. to the Parliament for dissolution the benefice of Kinkell. Ib.

172.—Act for proceeding against Captain Maxwell and John Sumervail and Coronet Weir. Ib.

173.—Recom. for planting in Innerness another Minister that hath the Irish tongue. Ib.

174.—Recom. for planting a Kirk in Gladsmure and that some Brethren speak to the E. Hadington that by his pretence to the Patronage he do not obstruct so good a work. Ib.

175.—Remit. Mr John Law to the Provinciall of Glasgow. Ib.

176.—Ref. concerning Mr Iames Aitkin to the visitation of Rosse and Caithnes, &c. Ib.

177.—Ref. Mr Donald Rosse Minister at Lochbroom to the said visitation. Ib.

178.—Ref. Mr Iohn Duncan to the said Visitation. Ib.

179.—Recom. to the Presbyterie of Dingwall concerning Mr Murdo Mackenzie late Minister at Suddie. Ib.

180.—Act declaring Mr Murdo Mackenzie late Minister at Dingwall, uncapable for ever of the Ministery, with a Recommendation to the Presbyterie to proceed against him with Excommunication. Ib.

181.—Deposition Mr William Cowper Schoolmaster at Chanrie from that charge. Ib.

182.—Continuation of the matter concerning Mr John Rosse at Lunfaman, to the next Assembly. Sess. Ult.

183.—Act Ordaining the Presbyterie of Elgin to proceed against Master Thomas Gilzeam and John Gordon. Ib.

184.—Ref. Master Francis Omey to the Provinciall of Perth. Ib.

185.—Refusall of Master George Hannaes desire, and his censure for his miscarriage. Ib.

186.—Recom. in favours of his wife and children.

187.—Recom. concerning the Kirk of Mordington, to the visitation of Dunce and Chirnside. Ib.

188.—Recom. to the Provinces of Aberdeen, Angus and Murray to supply the vaiking Kirks in Badinoch, Lochaber, &c. respectively in their own bounds. Ib.

189.—Ref. of Sir Lachlean Mackean to the Commission for publick affairs. Ib.

190.—Ordinance for the Presbyterie of Sky to proceed with Excommunication against Mr Lachlane Fraser. Ib.

191.—Ref. Concerning the particulars given in by Master James Moreson against the Presbyterie of Kirwall to the visitation of Rosse and Caithnes. Ib.

192.—Renovation of the Commission of the preceding Assembly in Sess. 26, concerning Witchcraft. Ib.

193.—Recommendation Master Alexander Mackean to Presbyteries and Universities for a Bursar, and particularly to the Presbyterie of Edinburgh. Ib.

194.—Act concerning the tryall of Master William Home and citing of Witnesses. Ib.

195.—Commission to Mr John Pringill and Mr John Strachen to examine Witnesses in that matter. Ib.

196.—Recom. to the Commissioners of the Presbyterie of Glasgow for sending to the Clerk an exact report of the condition of their Kirks, with their provisions, the extent of Paroches, and number of Parochiners. Ib.

197.—Act for intimating the Visitation of Dunce and Chirnside. Ib.

198.—Recommendation Master William Dowglas to the Committee of Estates. Ib.

FINIS.