The Acts Of The General Assemblies of the Church of Scotland Part 43

_Act discharging Duels._

The Generall a.s.sembly 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 G.o.d, 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 of 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 Princ.i.p.als, 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 a.s.sembly considering that divers Ministers deposed for Malignancy, and complying with the Enemies of this Kirk and Cause of G.o.d, 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 a.s.sembly in _Anno 1645._ Past all hope of being restored to the place out of the whilk he was cast: Now also Ordains and enacts that no Minister deposed for Malignancy and compliance 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 Generall a.s.sembly not having now time to consider the References of the preceeding a.s.semblies, and the most part of Presbyteries not having lent their opinions in Writ, Therefore do yet again Recommend to Presbyteries and Provinciall a.s.semblies to consider all matters referred by this or by any former a.s.semblies, and to send their opinions therein in writ to the next Generall a.s.sembly.

_The meeting of the next Generall a.s.sembly is hereby Appointed to be at_ Edinburgh _the first_ Wednesday _of_ Iuly, 1649.

A. KER.

THE GENERALL a.s.sEMBLY, HOLDEN AT _EDINBURGH, JULY 7. 1649._

July 7. 1649. Antemeridiem, Sess 4.

_Approbation of the proceedings of the Commissioners of the Generall a.s.sembly._

The Generall a.s.sembly having heard the report of the Committe appointed for revising the proceedings of the Commissioners of the preceding a.s.sembly; And finding thereby, that in all their proceedings they have been zealous, diligent and faithfull, in the discharge of the trust committed to them, do therefore unanimously Approve and Ratify the the whole proceedings, Acts and Conclusions of the said Commission; Appointing Mr _John Bell_ Moderator _protempore_, to return them hearty thanks in the name the a.s.sembly, for their great pains, travel and fidelity.

July 10. 1649. _Antemeridiem,_ Sess. 6.

_Approbation of the Commissioners sent to his Majesty._

The Generall a.s.sembly having taken in serious consideration the Report of the Travels and proceedings of the Commissioners sent to his Majesty presented by them this day, Together with the Commission and Instructions which were given unto them; Do finde by the Report, that they have been very diligent and faithfull in the discharge of the Trust committed to then. And therefore doe unanimously Approve of their Carriage and return them hearty thanks for their great Pains and Travails in that Employment.

July 19. 1649 _Postmeridiem,_ Sess. 18.

_Act discharging promiscuous Dancing._

The a.s.sembly finding the scandall and abuse that arises through promiscuous Dancing: Do therefore inhibite and discharge the same, and do referre the Censure thereof to the severall Presbyteries, recommending it to their care and diligence.

July 20. 1649. _Antemeridiem,_ Sess. 19.

_Act concerning the receiving of Engagers in the late unlawfull War against_ England, _to publick Satisfaction, Together with the Declaration and Acknowledgement to be subscribed by them._

The Generall a.s.sembly considering what great offence against G.o.d, and Scandall to his People at home and abroad, hath arisen from the late unlawfull Engagement in War against _England_; whereby, contrary to the Law of G.o.d and of Nations, contrary to the Solemn League and Covenant, contrary to the Pet.i.tions of almost the whole Kingdom, contrary to the Declarations of the Judicatories of this Kirk, contrary to the Protestations of a considerable part of the Parliament, contrary to the frequent and clear Warnings of the Servants of G.o.d in his name, not only an a.s.sociation in Counsels and Arms was made with Malignant Persons, who had formerly shewn their disaffection to the Covenant in and Cause, but are Invasion of the Neighbour Nation was prosecuted; from whence flowed the oppression of the Persons, Estates and consciences of many of the people of G.o.d in this Land, the shedding of the blood of some, the losse and dishonour of this Nation, and severall other Inconveniences: and considering that the Commissioners of the last Generall a.s.sembly, have acquit themselves faithfully in ordaining to be suspended from the renewing of the Covenant, and from the Ordinance of the Lords Supper, such as are designed in their Acts of date the 6. of _October_ & 4 of _December_ last; referring the further consideration and censure of the Persons foresaid to this present Generall a.s.sembly: Therefore the Generall a.s.sembly, for removing of such Offences, and for prevention of the like in time coming, and for restoring of such as are truely humbled, do Declare and Appoint.

I. That all those who have been guilty and censured as aforesaid, and withall do not by their addresses to Kirk Judicatories testify their dislike thereof, and give evidences of their Repentance therefore, That these be processed and continuing obstinate, be excommunicated; But if withall they go on in premoving Malignant Designes, that they be forthwith Excommunicated: As also that all such persons guilty as aforesaid, who after Profession of their Repentance shall yet again hereafter relapse to the promoting any Malignant Designe, that these be likewise forth with excommunicated.

II. That all these who have been guilty and censured as aforesaid, and desire to testifie their Repentance, and to be admitted to the Covenant and Communion, shall besides any Confession in publick before the Congregation subscribe the Declaration herto sub-joyned, of their unfained detestation and renunciation of that Engagement, and all other Malignant courses contrary to the Covenant and Cause, Promising to keep themselves from such ways in time coming, and acknowledging that if they shall again fall into such defection thereafter, they may justly be accounted perfidious backsliders, and breakers of the Covenant and Oath of G.o.d, and proceeded against with the highest Censures of the Kirk.

III. That of these who have been guilty and censured as aforesaid, and desire now to testifie their Repentance, Whosoever were formerly joyned in Arms or Counsell with _James Graham_ in his Rebellion, or who were Generall persons or Colonels in the late unlawfull Engagement, Or who went to _Ireland_ to bring over Forces for that effect, Or who have been eminently active in contriving of or seducing unto the said Engagement, or whosoever above the degree of a Leutenant Commanded these parties, that in promoving of the ends of the said Engagement shed blood within the Kingdom, either before that Army of Engagers went to _England_, or after their return, Or who above the degree foresaid Commanded in the late Rebellion in the North; That none of these be admitted or received to give satisfaction, but by the Generall a.s.sembly or their Commissioners.

IV. That all the rest of these who have been guilty, or censured as aforesaid may be received by the Presbyteries where they reside.

V. That all who have been guilty as aforsaid, before their receiving to the Covenant, shall make a Solemn publick Acknowledgement in such matter, and before such Congregations as the Commission of the Generall a.s.sembly or Presbyteries _respective_ shall prescribe, according to the degree of their offence and scandall given.

VI. That none of the foresaid Persons be admitted, or received as Elders in any Judicatories of the Kirk, but according to the Act of the Generall a.s.sembly of the last of _August 1647._ against complyers of the first Cla.s.se.

And because many have heretofore made shew and profession of their Repentance, who were not convinced of their guiltinesse nor humbled for the same, but did thereafter return with the dog to the vomit, and with the sow to the puddle, unto the mocking of G.o.d, and the exceeding great reproach and detriment of his Cause: Therefore, for the better determining the Truth and sincerity of the Repentance of those who desire to be admitted to the Covenant and Communion: It is appointed and Ordained that none of those persons who are debarred from the Covenant and Communion shall be admitted and received thereto, but such as after exact triall, shall be found for some competent time before or after the offer of their Repentance, according to the discretion of the respective Judicatories, to have in their ordinary conversatione given real Testimony of their dislike of the late unlawfull Engagement, and of the courses and wayes of Malignants, and of their sorrow for their accession to the same; & to live soberly, righteously & G.o.dly; & if any shall be found, who after the defeating of the Engagers have uttered any Malignant speeches, tending to the approbation of the late unlawful Engagement, or the blood-shed within the Kingdome for promoving of the ends of the said Engagement, or any other projects or practices within or without the Kingdome; prejudiciall to Religion and the Covenant, or tending to the reproach of the Ministry, or the civill Government of the Kingdom, or who have unnecessarily or ordinarily conversed with Malignant and disaffected persons, Or who have had hand in, or accession to, or compliance with or have any wayes countenanced or promoved any Malignant Design, prejudiciall to Religion and the Covenant; That these, notwithstanding their profession of Repentance be not suddenly received, but a competent time, according to the discretion of the Judicatory, be a.s.signed to them for tryall of the evidence of their Repentance, according to the qualifications above mentioned. And the Generall a.s.sembly Ordains Presbyteries to make intimation of this Act in the severall Kirks of their bounds so soon as they can, after the rising of the General a.s.sembly, that none pretend ignorance; And that Presbyteries make accompt of their diligence in prosecuting of this Act to the Quarterly meetings of the Commission of this a.s.sembly.

_The Declaration and Acknowledgement before mentioned._

I, after due consideration of the late Warre against the Kingdom of _England_; And having also considered the course pursued and promoted by the Earle of _Lanerk_, _George Monro_ and their Adherents in and about _Stirling_, and by others in the late Rebellion in the North, against all which not only eminent Testimonies of G.o.ds Wrath have been given in defeating of them, but they were in themselves sinfull breaches of Covenant, and preferring the interest of man unto G.o.d; I doe herefore in G.o.ds sight professe, that I am convinced of the unlawfulnesse of all these ways, as contrary to the Word of G.o.d, and to the Solemn League and Covenant, not only in regard of the miscarriages of these that were imployed therein, but also in respect of the nature of these courses themselves; And therefore professing my unfained sorrow for my guiltinesse by my accession to the same, doe renounce and disclaim the foresaid Engagement and all the courses that were used for carrying on the same, either before or after the defeat of the Engagers, as contrary to the Word of G.o.d and Solemn League and Covenant, and destructive to Religion and the work of Reformation; And I doe promise in the power of the Lords strength, never again to own any of these or the like courses. And if hereafter at any time, I shall be found to promote any Malignant Design or course, that I shall justly be accompted a perfidious Covenant breaker and despiser of G.o.d, and be proceeded against with the highest Censures of the Kirk: Likeas I doe hereby promise to adhere to the Nationall Covenant of this Kingdome and to the Solemn League and Covenant betwixt the Kingdomes, and to be honest and zealous for promoving all the ends thereof, as I shall be called thereunto of G.o.d, and to flee all occasions and temptations that may lead me into any the like snares against the same.