The Generall Assembly, Conveened at Aberdene, July 28. 1640.

Sess. 2. July 29. 1640.

The Assembly having past the first day before they would make any Act in attending of His Majesties Commissioner.

This day the Moderator openly asked in face of the Assembly, if there was any Commissioner come from His Majestie: And finding there was none, the Assembly proceeded according to their Liberties.

Overtures given in by the Committee appointed by the last Assembly, anent the ordering of the Assembly-house: Which being read in audience of the Assembly they approved the same.

I. The Assembly finds it expedient for the ordering of the House in all time coming, that the Commissioners sit together unmixt, and that the places where they sit be railed about, or some other way divided from the seats of others, and that places be provided without the bounds of the Commissioners seats to persons of respect, who are not [pg 092] Commissioners, and others according to their qualities, as the Magistrates of the Town shall find most convenient.

II. Also that the Commissioners, having received tickets from the Magistrates of the Burgh, at the delivery of their Commissions, whereby they may have ready accesse to the Assemblie-House and place appointed for them, do keep the hour of meeting precisely, and whosoever comes after the time, or shall be found absent at the calling of the Rols, to be censured as the Assemblie sees fitting: And whatsoever Presbyterie, Burgh, or Universitie, shall not send Commissioners, or Commissioners sent from them doe not come at all to the Assembly, be summond unto the next Assembly, and censured as the Assembly shall find reasonable.

III. That foure persons of respect have warrant from the Assembly to injoyne that there be no standing, no din, nor disorderly behaviour; And if any shall disobey them, or direct his speech to any, except to the Moderator, and that one at once with leave at first asked and given, to be rebuked publikely by the Moderator: And if he desist not be removed out of the Assembly for that Session.

IV. That no motion come in unto the Assembly but by the Committee appointed for matters of that nature: And if the Committee refused to answer the same, let it be proponed to the Assembly with the reasons thereof.

V. That the minutes of ilk Session be read before their rising, and if the matter concerne the whole Kirk, let it be drawn up in forme and read in the beginning of the next ensuing Session, that the Assembly may judge whether or not it bee according to their minde.

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The Generall Assembly, Holden at St. Andrews, and Edinburgh. 1641.

Sess. 1. July 20. 1641.

John Earle of Weymes, His Majesties Commissioner, presented His Majesties Letter to the Assembly, whereof the tenor followeth.

Charles R.

Trustie and welbeloved, Wee greet you well. It is no small part of Our Royall care and desires, that the true Reformed Religion, wherein by the grace of God, We resolve to live and dye, be settled peaceably in that Our ancient and native Kingdome of Scotland, and that the same be truly taught, and universally received and professed by Our Subjects there, of all degrees. For preventing of all division and trouble hereafter, We did intend in Our Own Royall Person, to have been present at this Assembly; but conceiving it to be unfitting, to detaine the Ministers from their particular charges, till the time of Our coming to the Parliament. We have resolved to make knowne unto you by these, and by Our Commissioner, That in the approaching [pg 096] Parliament, it is Our intention by Our authority, to ratifie and confirm the Constitutions of the late Assembly at Edinburgh, that they may be obeyed by all Our Subjects living in that Our Kingdome. And that We will take into Our Royall consideration, by what meanes the Churches belonging to Our presentation, when any of them shall happen to need, may be best provided with well qualified Preachers: Like as We are not unwilling, to grant presentations unto such as in these times of trouble have entred into the Ministerie, providing they have been examined by the Presbyteries, and approved by them: Because We want not Our own feares of the decay of Learning in that Church and Kingdome, We intend also to consider of the best meanes for helping the Scooles and Colledges of Learning especially of Divinity, that there may be such a number of Preachers there, as that each Parish having a Minister, and the Gospel being preached in the most remote parts of the Kingdome, all Our Subjects may taste of Our care in that kinde, and have more and more cause to blesse God that we are set over them. And finally, so tender is Our care, that it shall not be Our fault if the Churches and Colledges there flourish not in Learning and Religion: For which Royall testimonie of Our goodnesse, We require nothing upon your part, but that which God hath bound you unto, even that you be faithfull in the charge committed unto you, and care for the soules of the people: That you study Peace and Unity amongst your selves, and amongst the people, against all Schisme and Faction; and that you not only pray for Us, but that you teach the People, which We trust are not unwilling to pay that honour and obedience which they owe unto Us, as his Vicegerent set over them, for their good; wherein We expect you will by your good example goe before them. Which hoping you will doe, We bid you farewell. From Our Court at Whitehall, the 10. day of July 1641.

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Sess. 9. Aug. 3. 1641.

The Overtures under-written, concerning the Universities and Colledges of this Kingdome to be represented by the Generall Assembly, to the Kings Majesty and Parliament, being openly read, the Assembly approved the saids Overtures, and ordained them to be recommended to the Parliament.

First, because the good estate both of the Kirk and Commonwealth, dependeth mainly upon the flourishing of Universities and Colledges, as the Seminaries of both, which cannot be expected, unlesse the poore meanes which they have, be helped, and sufficient revenues be provided for them and the same well imployed: Therefore that out of the rents of prelacies; Collegiat or Chapter-Kirks, or such like, a sufficient maintenance be provided for a competent number of Professors, Teachers, and Bursers in all faculties, and especially in Divinitie, and for upholding, repairing, and enlarging the Fabrick of the Colledges, furnishing Libraries, and suchlike good uses in every Universitie and Colledge.

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II. Next for keeping of good order, preveening and removing of abuses, and promoving of pietie and learning, it is very needfull & expedient, that there be a communion and correspondencie kept betwixt all the Universities and Colledges. And therefore that it be ordained, that there be a meeting once every year at such times and places as shall be agreed upon, of Commissioners from every University and Colledge to consult and determine upon the common affairs, and whatsoever may concerne them, for the ends above-specified, and who also, or some of their number may represent what shall be needfull and expedient for the same effect, to Parliaments and Generall Assemblies.

III. Item, That special care be had that the places of the Professors, especially of Professors of Divinity in every University and Colledge. Be filled with the ablest men, and best affected to the Reformation and order of this Kirk.

Sess. 10. August 4. 1641.

Act against Impiety and Schisme.

The Assembly seriously considering the present case and condition of this Kirk and Kingdome, what great things the Lord hath done for us, especially since the renewing of our Covenant, notwithstanding our former backsliding and desertion; and if we shall either become remisse in the dueties of Piety, or shall not constantly hold and keep our Religion, unto which we have bound ourselves so straitly and solemnly, what dishonour we doe unto the Name of God before men, who have their eyes upon us, and how great judgements we bring upon our selves, upon these and the like considerations, The Assembly doth finde it most necessary to stirre up themselves, and to provoke all others both Ministers and people of all degrees, not only to the religious exercises of publike worship in the Congregation, and of private worship in their families, and of every one by themselves apart, but also to the duteies of mutual edification, by instruction, admonition, exhorting one [pg 100] another to fordwardnesse in Religion, and comforting one another in whatsoever distresse; and that in all their meetings, whither in the way of civill conversation, or by reason of their particular callings, or any other occasion offered by divine providence, no corrupt communication proceed out of their mouth, but that which is good to the use of edifying, that it may minister grace unto the hearers: And because the best means have been, and may still be despised or abused, and particularly the duetie of mutual edification, which hath been so little in use, and so few know how to practise in the right manner, may be upon the one part subject to the mocking of ungodly and worldly men, who cannot endure that in others, which they are not willing to practise themselves, and upon the other part, to many errors and abuses, to which the godly through their weaknes may fall, or by the craftinesse of others may be drawn into, such as are Error, Heresie, Schisme, Scandal, Self-conceit, and despising of others, pressing above the common calling of Christians, and usurping that which is proper to the Pastoral Vocation, contempt or misregard of the publike means idle and unprofitable questions which edifie not, uncharitable censurings, neglect of duties in particular callings, businesse in other mens Matters and Callings, and many such others in doctrine, charity, and manners, which have dolefully rent the bowels of other Kirks, to the great prejudice of the Gospel.

Therefore the Assembly, moved with the zeal of God against all abuses and corruptions, and according to their manifold obligations, most earnestly desiring and thirsting to promove the work of Reformation, and to have the comfort and power of true godlinesse sensible to every soul, and Religion to be universally practised in every Family, and by every person at all occasions, Doth charge all the Ministers and Members of this Kirk whom they doe represent, that according to their several places and vocations, they endeavour to suppresse all impiety and mocking of religious exercises, especially of such as put foule aspersions, and factious or odious names upon the godly. And upon the other part, that in the fear of God they be aware and spiritually [pg 101] wise, that under the name and pretext of religious exercises, otherwayes lawful and necessary, they fall not into the aforesaid abuses; especially, that they eschew all meetings which are apt to breed Error, Scandall, Schisme, neglect of dueties and particular callings, and such other evils as are the works, not of the spirit, but of the flesh, and are contrary to truth and peace; and that the Presbyteries and Synods have a care to take order with such as transgresse the one way or the other.

Act. Sess. 15. August 7. 1641.

Overtures anent Bursars, and Expectants.

The Overtures under-written being openly read in audience of the Assembly, were approved, and declared by them to be Acts of the Assembly, in all time coming, to be observed respective, as the samine bears.

The Assembly thinks meet for maintaining of Bursars of Divinitie, that every Presbyterie that consists of twelve Ministers shall maintain a Bursar, and where the number is fewer nor twelve, shall be joyned with these out of another Presbyterie where their number exceeds; where [pg 102] this course is not already kept, it is to be begun without longer delay, and every Provincial is ordained to give an accompt of their number of Bursars, that is constantly to be entertained by their Province, at the next ensuing General Assembly.

II. No expectant shall be permitted to preach in publike before a Congregation, till first he be tryed after the same manner, howbeit not altogether with that accuracie which is injoyned by the act of the Assembly of Glasgow 1638. which prescribes the order and manner of tryall that is to be kept with these who are to be admitted to the holy Ministrie: and none so tryed shall preach in publike, without the bounds of the University or Presbyterie where he past his tryalls, till he first make it known to the other Presbyteries, where he desires to be heard, by a testimoniall from the Universitie or Presbyterie where he lived, that he hath bin of an honest conversation, and past his tryalls conform to the order here prescribed: Which being done in the meeting of the Province or Presbyterie, where he desires to be heard; he is to be allowed by them to preach within the bounds of that Province or Presbyterie, without any further tryall to be taken of him.

III. Expectants being educate in a Colledge that was corrupt, or under a corrupt Minister, if they themselves have been known to have been tainted with error, or opposite to our Covenant, and the blessed Work of Reformation within this Kirk, the same order is to be kept in admitting them to the holy Ministrie, or to any place in the Colledges or Schooles of this Kingdome, that was ordained to be kept in admission of these Ministers who fled out of the Countrey, and shew themselves opposite to our Covenant and Reformation.

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Sess. 18. August 9. 1641. a meridie.

A Letter from some Ministers in England to the Assemblie.

Right Reverend and dear Brethren, now conveened in this Generall Assembly,

Wee most heartily salute you in the Lord, rejoycing with you in his unspeakable goodnesse, so miraculously prospering your late endeavours, both for the restoring and settling of your own Liberties and Priviledges, in Church and common wealth (which we heare and hope he is now about to accomplish) as also for the occasioning and advancing of the Worke of Reformation among our selves; for which as we daily blesse the highest Lord, sole Author of all one good, so doe we acknowledge your selves worthy Instruments thereof. And for that (besides all other respects) doe, and ever shall (by the help of God) hold [pg 104] you deare unto us, as our own bowels, and our selves obliged to tender unto you all due correspondence according to our power, upon all good occasions.

And now (dear Brethren) forasmuch as the Church of Christ is but one body, each part whereof cannot but partake in the weale and woe of the whole, and of Each other part; and these Churches of England and Scotland, may seem both to be imbarqued in the same bottome, to sink and swim together, and are so near conjoyned by many strong tyes, not only as fellow members under the same Head Christ, and fellow-subjects under the same King; but also by such neighbour-hood and vicinity of place, that if any evil shall much infest the one, the other cannot bee altogether free: Or if for the present it should, yet in processe of time it would sensibly suffer also. And forasmuch as evils are better remedied in their first beginning, then after they have once taken deep root; therefore we whose names are here under-written, in the behalf of our selves, and of many others, Ministers of the Church of England be bold to commend to your consideration; (being met together in this venerable Assembly) a difference of great concernment, which you may please (in brief) thus to understand. Almighty God having now of his infinite goodnesse raised up our hopes of removing the yoke of Episcopacie (under which we have so long groaned) sundry other forms of Church-government are by sundry sorts of men projected, to be set up in the roome thereof: One of which (amongst others) is of some Brethren that hold the whole power of Church-government, & all Acts thereunto appertaining (as Election, Ordination, and Deposition of Officers, with Admission, Excommunication & Absolution of Members) are by divine Ordinance in foro externo, to be decreed by the most voices, in, and of every particular Congregation, which (say they) is the utmost bound of a particular Church: endued with power of Government, & only some Formalities of solemne execution to be reserved to the Officers (as servants of the saids Church) if they have any, or if none, then to be performed by some other members, not in office, whom the said Church shal appoint thereunto, And that [pg 105] every of the said particular Congregations (whether they consists of few or many Members, and be furnished with Offices or not) lawfull: may & ought to transact, determine & execute all matters pertaining to the government of themselves amongst & within themselves without any authoritative (though not consulatory) concurrence or interposition of any other persons or Churches whatsoever, condemning all imperative and decisive power of Classes, or compound Presbyteries and Synods, as a meere usurpation. Now because we conceive that your judgement in this case may conduce much by the blessing of God, to the settling of this question amongst us; Therefore we doe earnestly intreat the same at your hands, and that so much the rather, because we sometimes hear from those of the aforesaid judgement, that some famous and eminent Brethren, even amongst your selves, doe somewhat encline unto an approbation of that way of government. Thus humbly craving pardon for our boldnesse, leaving the matter to your grave considerations, and expecting answer at your convenient leasure, We commit you, and the successe of this your meeting, to the blessing of the Almighty, in whom we shall ever remain.

London, 12 Ju'y. 1641.

Your faithfull Brethren to serve you in all offices of love.

The Assemblies Answer to the English Ministers Letter.

Right reverend and dearly beloved Brethren in our Lord and common Saviour Jesus Christ.

Wee the Ministers and Elders met together in this Nationall Assembly, were not a little refreshed and comforted by the good report which we heard of you, and others of our Brethren of the Kirk of England, by some of our Ministers, who by the good providence of our Lord had seen your faces, and conversed with you. But now yet more comforted by your Letters which we received, and which [pg 106] were read in the face of the Assembly, witnessing your Christian love, and rejoycing with us in God for his great and wonderfull Work in the Reformation of this Kirk, and in the beginning of a blessed Reformation amongst your selves, and that you are so sensible of your communion and fellowship with us, and to desire to know our minde and judgement of that which some Brethren amongst you hold, concerning Kirk-government.

We doe with our hearts acknowledge and wonder at the great and unspeakable wisedome, mercie, and power of our God, in restoring unto us the truth and puritie of Religion, after many Back-slidings and defection of some in this Kirk, & desire not only to confesse the same before the world, and all other Christian Kirks, but also doe pray for grace to walk worthy of so wonderful a love: We have been helped by your prayers, in our weak endeavours, & you have mourned with us, (we know) in the dayes of our mourning; and therefore is it that you doe now rejoyce and praise God with us. Neither are we out of hope, but the same God shall speedily perfect that which he hath begun amongst you, that your joy may be full, which is the desire of our soule, and for which we doe now pray, and in our severall Congregations will be instant at the throne of grace, for this and all other spirituall and temporall blessings upon the Kirk and Kingdome of England, by name, expecting the like performance of mutuall love from you and others equally minded with you, for your parts, till a common consent may be obtained, even that you will recommend the Kirk of Scotland by name in your prayers to God. Thus shall we be as one people, mourning and rejoycing, praying and praising together; which may be one meane of the preservation of Unity, and of many other blessings to us both.

We have learned by long experience, ever since the time of the Reformation, and specially after the two Kingdomes have been (in the great goodnesse of God to both) united under one Head and Monarch, but most of all of late, which is not unknown to you, what danger and contagion in matters of Kirk-government, of divine worship, and of doctrine, may come from the one Kirk to the other, which [pg 107] beside all other reasons make us to pray to God, and to desire you, and all that love the honour of Christ, and the peace of these Kirks and Kingdomes, heartily to endeavour, that there might be in both Kirks, one Confession, one Directory for publicke worship, one Catechisme, and one Forme of Kirk-government. And if the Lord who hath done great things for us, shall be pleased to hearken unto our desires, and to accept of our endeavours, we shall not only have a sure foundation for a durable Peace, but shall be strong in God, against the rising or spreading of Heresie and Schisme amongst our selves, and of invasion from forraine enemies.

Concerning the different Formes of Kirk-government, projected by sundrie sorts of men, to be set up in place of Episcopall Hierarchie, which we trust is brought near unto its period, we must confesse, that we are not a little grieved that any godly Ministers and Brethren should be found, who doe not agree with other Reformed Kirks in the point of government as well as in the matter of Doctrine and worship; and that we want not our own feares, that where the hedge of Discipline and Government is different, the Doctrine and Worship shall not long continue the same without change: yet doe not marvell much, that particular Kirks and Congregations which live in such places, as that they can conveniently have no dependencie upon superiour Assemblies, should stand for a kind of independencie and supremacie in themselves, they not considering that in a nation or Kingdome, professing the same Religion, the government of the Kirk by compound Presbyteries and Synods is a help and strength, and not a hinderance or prejudice to particular Congregations and Elderships, in all the parts of Kirk-government; and that Presbyteries and Synods are not an extrinsecall power set over particular Kirks, like unto Episcopal dominion, they being no more to be reputed extrinsecal unto the particular Kirks, nor the power of a Parliament, or Convention of Estates, where the Shires and Cities have their own Delegates, is to be held extrinsecal to any particular Shire or City.

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Our unanimous judgement and uniforme practice, is, that according to the order of the Reformed Kirks, and the ordinance of God in his Word, not onely the solemne execution of Ecclesiastical power and authoritie, but the whole acts and exercise thereof, do properly belong unto the Officers of the Kirk; yet so that in matters of chiefest importance, the tacite consent of the Congregation be had, before their decrees and sentences receive final execution, and that the Officers of a particular Congregation, may not exercise this power independently, but with subordination unto greater Presbyteries and Synods, Provincial and National: Which as they are representative of the particular Kirks conjoyned together in one under their government; so their determination, when they proceed orderly, whether in causes common to all, or many of the Kirks, or in causes brought before them by appellations or references from the inferiour, in the case of aberation of the inferiour, is to the several Congregations authoritative and obligatorie and not consultatory only: And this dependencie and subordination, we conceive not only to be warranted by the light of nature, which doth direct the Kirk in such things as are common to other societies, or to be a prudential way for Reformation, and for the preservation of Truth and Peace, against Schisme, Heresie, and Tyranny, which is the sweet fruits of this government wheresoever hath place, and which we have found in ancient and late experience; but also to be grounded upon the Word of God, and to be conforme to the paterne of the Primitive and Apostolical Kirks: And without which, neither could the Kirks in this Kingdome have been reformed, nor were we able for any time to preserve Truth and Unity amongst us.

In this forme of Kirk-government, our unanimity and harmony by the mercy of God, is so full and perfect, that all the Members of this Assembly have declared themselves to be of one heart, and of one soule, and to be no lesse perswaded, that it is of God, then that Episcopal government is of men; resolving by the grace of God, to hold the same constantly all the dayes of our life, and heartily wishing that God would blesse all the Christians Kirks, especially [pg 109] the famous Kirk of England, unto which in all other respects we are so nearly joyned with this divine Forme of government. Thus having briefly and plainly given our judgement for your satisfaction, and desiring and hoping that ye will beleeve against all mis-reports, that we know not so much as one man, more or lesse eminent amongst us, of a different judgement, we commend you unto the riches of the grace of Christ, who will perfect that which he had begun amongst you, to your unspeakable comfort. Subscribed by our Moderator and Clerk.

Edinburgh 9. August, 1641.

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