Act Sess. 11. Edinb. August 5. 1642.

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

I. No transportation would be granted hereafter without citation of parties having interest (viz. the Minister who is sought and his Parish) to hear what they can oppose, [pg 132] and the matter is to come first to both the Presbyteries (viz. that wherein the Minister dwels, whose transportation is sought, and the other Presbyterie to which he is sought if the Kirks lye in several Presbyteries) and if the Presbyteries agree not, then the matter is to be brought to the Synod, or Generall Assembly (which of them shall first occure after such transportation is sought) and if the Synod (occurring first) agree not; or if there be appeale made from it, then the matter is to come to the Generall Assembly.

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

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

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

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

III. In the next roome, we finde, that it is a transporting of [pg 133] Ministers for publike good, that Colledges, (having the profession of Divinitie) be wel provided of professors.

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

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

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

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

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

VII. In the point of voluntary transportation, no Minister shal transact and agree with any Parish, to be transsported thereto, without a full hearing of him, and his Parish, before [pg 134] the Presbyterie to which he belongs in his present charge, or superiour Kirk judicatories, if need shall be.

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

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


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

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

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

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

III. And because this hath been most neglected in the [pg 135] High-lands, Ilands, and borders. Therefore the Ministers of every Parish are to instruct by their Commissioners, to the next General Assembly, that this course is begun betwixt and then: and they are further to certifie from one General Assembly to another, whether this course is continued without omission, or not.

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

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

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

The Overtures and Articles above-written being reported to this Assembly, after reading and serious consideration thereof, the Assembly approves the same, and ordaines them to have the strength of an Act and ordinance of Assembly, in all time-coming.
[pg 136]

Sess. 11. August 5. 1642.

Overtures anent Family Exercises, Catechising, keeping of Synods and Presbyteries, and restraint of Adulteries, Witch-crafts, and other grosse sins.

The Committee supplicates the Assembly,

I. To urge the severall Synods and Presbyteries, especially these of the North, that Family Exercise in Religion, visitation of the Churches, Catechising, keeping of the Presbyteriall and Provinciall meetings (both by Preaching and Ruling Elders) be more carefully observed.

II. That the Clerk at least subscribe every Book before it come to the Assembly, and that every Act be noted on the Margent, for a directory of expedition.

III. That the Assembly would seriously studie by all meanes and wayes how to procure the Magistrates concurrence to curb and punish these notorious vices which abound in the Land, especially in the Northern parts.

[pg 139]

Sess. 11. Aug 5. 1642.

The Assemblies humble desire to the Kings Majestie for the Signator of 500 l. Sterling and recommendation thereof to the Kings Commissioner.

The Generall Assembly having received the Report of the proceedings of the Commissioners of the late Assembly, and specially that His Majesty was graciously pleased, upon their humble Petition, solemnly to promise and declare under his Royall hand, his pious resolution and dedication of 500. l. sterling, out of the readiest of his Rents and revenues, to be imployed yearly on publike necessary and pious uses of the Kirk, at the sight of the Generall Assembly, as his Majestie gracious answer of the 3. of January, 1642. registrate in their books at His Majesties own desire, for their further assurance of his Majesties pious zeale, doth more fully proport. Likeas being informed that His Majestie was gratiously pleased to signe and send down to the Kirk the Signator of the said 500. l. yearly to have past the Exchequer, albeit the samine is not as yet delivered; And considering His Majesties pious directions to them by his Majesties Letter to plant and visit the utmost skirts and borders of the Kingdome, as most necessary for the glory of God, the good of the Kirk, and His Majesties honour, and service, which is only stopped by the want of charges for publike visitations, And withall to remonstrate to His Majestie by His Commissioner, their just and necessary desires for what may further serve to the good of Religion, whereunto His Majesties Commissioner promised his best endeavours and assistance. Therefore the Assembly doth most earnestly recommend to His Majesties Commissioner to represent to His Majestie, with his best assistance, the humble and necessary desires of the whole Assembly, that His Majestie will be graciously pleased to command that Signator, already signed by His Royall hand (or to signe another of the samine tenor, whereof they deliver the just double to his Maj Commissioner for that effect) to be sent to [pg 140] this Kingdom, and delivered to the Commissioners from this Assembly, who are to sit at Edinburgh, or to the Procurator of the Kirk, whereby his Majestie shall more and more oblige this whole Kirk to pray for a blessing from Heaven upon His Royal Person and Government.

Sess. 11. Aug. 5. 1642.

The Assemblies Letter to the Commissioners of this Kingdom at London.

Right Honourable,

We have received your Lordships Letter, with the Declaration of the Parliament of England, and have sent this Noble bearer to His Majesty with our humble Supplication, and to your Lordships with our Answer earnestly desiring Unity of Religion, and Uniformity of Kirk-government, to be presented by your Lordships, and this Noble bearer to the Honourable Houses of Parliament. Your Lordships will perceive by the inclosed Copies, and by our desires to His Majesties honourable Privie Councel and Commissioners for the conservation of the Peace, to joyn their best endeavours with his Majestie and the Parliament, and their directions to your Lordships, by our leaving a Commission behinde us, to concur with them in all Ecclesiastick wayes, and by our appointing publike Prayers, and a solemn Fast through this Kirk, for the furtherance of this great work of Reformation, and continuance of the common Peace, that this Unity in Religion and uniformity of Kirk-government is the chiefest of our desires, prayers and cares: Where unto as we have been encouraged by the faithful labors of the Commissioners of this Kingdom in the late Treaty, and continued and renewed by your Lordships; so we are assured, that your Lordships will omit no lawful mean, argument, or occasion of seconding the same there, And advertising our Commissioners at Edinburgh, wherein they may further concur with your Lordships, for the furtherance [pg 141] of the Work, which tends so much to the glory of God, advancement of Christs Kingdom, increase of the honour and happinesse of our Soveraign, and the peace and welfare of these Kingdoms, whereby your Lordships will oblige this Kirk more and more to pray for a blessing on your persons and travels, and to rest.

Yours in the Lord
The Commissioners of the General Assembly.

S. Andrews 5. Aug. 1642.

A Letter from some Ministers of England.

Reverend and wel-beloved in our Lord and Saviour.

We received with much joy and satisfaction the Answer which your General Assembly vouchsafed us to our Letters of the last yeer. Some of us in the name of our Brethren, thought it then fit by Mr. Alexander Henderson (a Brother so justly approved by you, and honoured by us) to return our deserved thanks. And we now further think it equall upon this occasion, to make a more publike acknowledgement of such a publike favour. You were then pleased to give us fair grounds, to expect that brotherly advice and endeavours, which the common cause of Christ, and the mutual interest of the united Nations, command us now again to ask, if not to chalenge. We doubt not but your experience, together with your intelligence, abundantly informes you of our condition, what various administrations of providence we have passed through and we still lye betwixt hopes and feares, a fit temper for working; the God of all grace enable us to improve it. As our hopes are not such as may make us fear, so neither doe our Feares prevail, to the casting away our confidence. Your own late condition, together with this Declaration of ours present, may acquaint you with the certain, though subtil, authors & fomentors of these our confused conflicts: which we conceive to be the Hierarchical faction, who have no way to peace & safety, but through the trouble & danger of others. Our prayers [pg 142] and endeavours, according to our measure, have been and shall be for the supplanting and rooting up whatsoever we finde so prejudicial to the establishment of the Kingdome of Christ, and the peace of our Soveraigne. And that this Declaration of ourselves may not leave you unsatisfied, we think it necessary further to expresse, That the desire of the most godly and considerable part amongst us, is, That the Presbyterian Government, which hath just and evident Foundation both in the Word of God, and religious reason, may be established amongst us, and that (according to your intimation) we may agree in one confession of Faith, one directorie of Worship, one publike Catechisme and form of Governement: Which things, if they were accomplished, we should much rejoyce in our happy subjection to Christ our Head, and our desired association with you our beloved brethren. For the better effecting whereof, we thought it necessary, not only to acquaint you with what our desires are in themselves, but likewise to you, that is, That what way shall seem most fit to the wisedom of that grave and religious Assembly, may be taken for the furtherance of our indeavours in this kind. We understand that our Parliament hath been before hand with us in this intimation, and it cannot but be our duty, who are so much concerned in the businenesse, to adde what power the Lord hath given us with you to the same purpose. This designe and desire of ours hath enemies on the Left-hand; and dissenting brethren on the Right; but we doubt not, that as our hearts justifie us that our intentions are right, and such as we conceive tend most to the glory of God, and the peace of the Churches of the Saints; so (by your brotherly concurrence in the most speedy and effectuall way you can find out) the Work will in Gods due time receive a prayed for, hoped for issue. We shall not need by many arguments from mutuall Nationall interest (though we know you will not overlook them) to inforce this request, the firme bond wherewith we are all united in our Lord Jesus Christ, we are assured will alone engage your faithfull endeavours in this businesse. To him we commit you, with these great and important affairs you have in hand. Be pleased to [pg 143] accept of these as the expression of the mindes of our many godly and faithfull Brethren, whose hearts we doubt not of, neither need you, though their hands in regard of the suddennesse of this opportunity could not be subscribed together with ours, who are.

Your most affectionate Friends and Brethren in the work of the Lord.

London, 22. July, 1642.

Answer to the Ministers Letter.

Right Reverend and beloved in the Lord Jesus.

By our Answer to the Declaration sent unto us from the honourable Houses of Parliament, ye may perceive that your Letter which came into our hands so seasonably, was not only acceptable unto us, but hath also encouraged us to renew both to the Kings Majestie and the Houses of Parliament, The desires of the late Commissioners of this Kingdome for Unity in Religion, in the four particulars remembred by you, we cannot be ignorant but the opposition from Satan and worldly men in Kirk and Policy, will still be vehement as it hath been already, But we are confident through our Lord Jesus Christ, that the prayers and indeavours of the godly in both Kingdoms, will bring the work to a wished, and blessed Issue. This whole national Kirk is so much concerned in that Reformation and Unity of Religion in both Kingdomes, that without it we cannot hope for any long time to enjoy our puritie and peace, which hath cost us so dear, and is now our chiefest comfort and greatest treasure: Which one cause (beside the Honour of God, and the happinesse of the People of God in that Kingdome, more desired of us then Our lives) is more then sufficient to move us, To contribute all that is in our power for bringing it to passe. And since we have with so great liberty made our desires and hopes known both to King and Parliament, it is a duety incombent both to you and us, who make mention of the Lord, and are Watch-men upon the [pg 144] Walls of Jerusalem, never more to keep silence nor to hold our peace day nor night, till the Righteousnesse of Sion go forth as brightnesse, and the salvation thereof as a lamp that burneth. And if it shall please the Lord to move the hearts of King and Parliament, to hearken unto the motion, for which end we have resolved to keep a solemne Fast and Humiliation in all the Kirks of this Kingdome, the mean by which we have prevailed in times past, we wish that the Work may be begun with speed, and prosecuted with diligence by the joint labours of some Divines in both Kingdoms, who may prepare the same for the view and examination of a more frequent Ecclesiastick meeting of the best affected to Reformation there, and of the Commissioners of the General Assembly here, that in end it may have the approbation of the Generall Assembly here, and of all the Kirks there, in the best way that may be, we wish & hope at last in a nationall Assembly; Our Commissioners at Edinburgh, shall in our name receive and returne answers for promoving so great a Work, which we with our heart and our soule recommend to the blessing of God, we continue,

Your loving brethren and fellow-labourers.

Sess. 11. August 5. post meridiem.

Commission for publike affairs of this Kirk, and for prosecuting the desires of this Assembly to His Majestie, and the Parliament of England.

The General Assembly considering the laudable custome of this Kirk for to appoint some Commissioners in the interim betwixt Assemblies, for presenting of Overtures and prosecuting the other desires of the Kirk to His Majestie, the Lords of His Councell, and the Estates of Parliament; And taking to their consideration the present condition of the Kirk of England, with the Declaration thereof sent down from the Parliament, and some Reverend Brethren of the Ministery there, with their own Answer to the Parliament and Ministery, and their humble Supplication to His Majestie for Unity of Religion and Uniformity of Kirk-government. And withall remembring their desires to the Honourable Lords of His Majesties secret Councell, and to the Commissioners appointed by the King and Parliament, for conservation of the common Peace, That they would joyn their concourse in their desires to His Majestie and Parliament, and directions to the Commissioners of this Kingdom at London for the time. And likewise considering their good hopes from Gods gracious favour to this Island, that by his good providence he will in his own way and time settle this great Work through this whole Ile; And that it [pg 146] is both our earnest desire and Christian duty to use all lawfull means and Ecclesiastick wayes for furtherance of so great a Work, continuance of the common peace betwixt these nations, and keeping a brotherly correspondence betwixt these Kirks. Therfore the Assembly thinks it necessary before their dissolving, to appoint, and by these Presents do nominate and appoint, Masters Andrew Ramsay, Alex Henderson, Robert Dowglas, William Colvill, William Bennet Ministers at Edinburgh. Mr. William Arthur Minister at St. Cuthbert, Mr. James Robertson, John Logan, Robert Lighton, Commissioners from Dalkeith Assembly: Masters, Andrew Blackhall, James Fleeming, Robert Ker, Commissioners from Hadingtoun to the Assembly. Masters, George Hamilton, Robert Clair, Arthur Mortoun, David Dalgleish, Andrew Bennet, Walter Greg, John Moncreff, John Smith, George Gillespie, John Row, John Duncan, Walter Bruce, Commissioners for the Presbyteries within the Province of Fyffe: Mr. David Calderwood Minister at Pencait and Mr. John Adamson Principall of the Colledge of Edinburgh, Mr. John Strang Principall of the Colledge of Glasgow. Mr. David Dikson, Mr. James Bonar, Mr. Robert Bailie, Mr. John Bell, Mr Robert Ramsay, Mr. George Young, Mr Henry Guthrie, Mr. Samuel Oustein, Mr. John Robertson Minister at St. Johnstoun, Mr. John Robertson Minister at Dundie, Mr. John Hume Minister at Heckills, Mr. Andrew Cant, Mr William Guild, Mr. Samuel Rutherfurd, Mr. James Martin, Mr. Alexander Monroe, Mr. Robert Murray, Mr. John Maclellan, Mr. Andrew Doncanson, Mr. Silvester Lambie, Mr. Gilbert Ross, Ministers: Marquesse of Argile, Earles of Lauderdaile, Glencarne, Kingborne, Eglintoun, Weemes, Cassils: Lords Gordoun, Maitland, Balcarras, Sir Patrick Hepburne of Wauchtoun, Sir David Hum of Wedderburne, Sir David Creightoun of Lugtoun, Sir David Barclay of Cullearnie, John Henderson of Fordell, Mr. George Winrame of Libertoun, Sir Robert Drummond, Sir William Carmichaell, John Binnie, Thomas Paterson, John Sempill, John Kennedy of Air, John Leslie from Aberdene, William Glendinning Provest of Kirkubrigh, John Colzear, Ruling Elders with the concurse of the Procurator of the Kirk: and grants to them full Power and Commission in this [pg 147] interim, betwixt and the next Assembly, for to meet and conveen at Edinburgh upon the 17. day of this moneth of August, and upon any other day, or in any other place, as they shall think convenient: And being met and conveened, or any fifteen of them, there being alwayes twelve Ministers present: With full power for to consider and performe what they finde necessary for the Ministerie, by preaching, supplicating, prepairing of draughts of one Confession, one Cathechisme, one directory of publike Worship (which are alwayes to be revised by the next Generall Assembly) and by all other lawfull & Ecclesiastick wayes, for furtherance of this great Work in the Union of this Iland in Religion and Kirk-government, and for continuance of our own peace at home, and of the common peace betwixt the Nations, and keeping of good correspondence betwixt the Kirks of this Iland. Like as if it shall please God to blesse the prayers and endeavours of his Saints for this blessed Union, and that if either the Lords of Councell, or Commissioners for the Peace shall require their concurse at home or abroad, by sending Commissioners with theirs to His Majesty and Parliament for that effect, or that they themselves shall finde it necessary; The Assembly grants full power to them, not only to concurre by all lawfull and Ecclesiastick wayes, with the Councell and Conservators of the Peace at home, but also to send some to present and prosecute their desires and humble advice to His Majesty and the Parliament, and the Ministerie there, for the furthering and perfecting of so good and great a Worke. Like as, with power to them to promove their other desires, overtures and recommendations of this Assembly, to the Kings Majestie, Lords of Councell, Session, Exchequer, and Commissioners of Parliament, for plantation of Kirks, for common burdens, or conservation of the common peace, and to the Parliament of this Kingdom, in case it fall out pro re nata before the next Assembly. And such like, with as full power to them to proceed, treat and determine in any other matters to be committed to them by this Assembly, as if the samine were herein particularly insert, and with as ample power to [pg 148] proceede in the matters particularly or generally above-mentioned, as any Commissioners of Generall Assemblies have had, and have been in use of before: They being alwayes comptable to, and censurable by the next Generall Assembly, for their proceedings thereanent.