The Principal acts of the general assembly, holden and begun at Edinburgh, April 14, 1709.
Sess. 1, April 14, 1709.—The Queen's Commission to David Earl of Glasgow
produced, and ordered to be Recorded.
The General Assembly of this Church being constituted, there was produced to
them, by the Right Honourable David Earl of Glasgow, her Majesty's commission,
scaled the 11th day of April current, with the Seal ordained to be kept and used in
Scotland in place of the Great Seal of Scotland, and of the same tenor with former
commissions, appointing him her Majesty's High Commissioner and representative in this Assembly; which commission being publicly read with all due honour and
respect, it is by order of this Assembly recorded in their books, ad futuram rei memoriam.
II.
Eadem Sessione.—Her Majesty's gracious Letter to the General Assembly.
Anne, R., &c.
III.
Sess. 3, April 16, 1709.—The General Assembly's Ansuer to her Majesty's most
gracious Letter.
May it please your Majesty, &c.
IV.
Sess. 4, April 18, 1709, ante meridiem.—Act concerning People's Behaviour in time of
Divine Worship.
The General Assembly, considering the great reverence and holy fear that is owing
to the infinitely glorious and holy God by his rational creatures, especially when they
are employed in acts of immediate worship, such as prayer and praise; do, therefore,
seriously recommend it to persons of all ranks, that, considering in whose presence
they are, and with what deep humility the glorious God is to be adored by sinful men,
they would forbear bowing, and other expressions of civil respect, and entertaining
one another with discourses, while divine worship is performing, and holy ordinances
are dispensing; and that as to this matter, people carefully observe what is enjoined
in the first head of the Assembly's Directory for the Public Worship of God in this
Church, entitled, "Of the Assembling of the Congregation, and their Behaviour in
the Public Worship of God;" and ordains this to be intimated in the several congregations of this Church.
V.
Sess. 4, April 18, 1709, ante meridiem.—Act concerning Planting the Highlands, and
Probationers having the Irish Language.
The General Assembly, considering that several probationers who have lived in
he Highlands in their childhood, but through disuse have lost much of the Irish
anguage, yet upon application thereto have soon recovered it, and have been very
useful, and that some probationers, who, in their younger years, have lived in the
Highlands, and had the Irish language, and can still speak it, do, notwithstanding,
excuse themselves from preaching in that language, whereby the acts of Assembly are
eluded; therefore, and in order to the more effectual planting of the Highlands, the
General Assembly does appoint and ordain that when any Presbytery is to take a
young man under trial, who hath lived for some time of his younger years in the Highlands, or where the Irish language is generally spoken, they write to that Presbytery
in whose bounds he hath lived the said time, to make inquiry whether such a person
hath the Irish language, or might soon acquire it, and upon report that he hath it, or
may soon acquire it, that he be sent to supply in the Highlands, as one that hath
the Irish language; and if the Presbyteries receiving such men on trials shall neglect
the premises, and settle any in these circumstances in a congregation having only
the English language, the Assembly certifies such Presbyteries that they shall be
censured, and the person so settled shall be transportable to any Highland congregation that shall call him, and shall be liable to be sent as a supply to the Highlands,
notwithstanding any such settlement; and the General Assembly does empower their
Commission to, be named by them to receive complaints from any Presbytery or parish
in the Highlands, who shall find themselves leased in this matter, and to put this present Act in execution in all points.
VI.
Sess. 5, April 19, 1709, post meridiem.—Act and Recommendation for furthering the
Design of propagating Christian Knowledge.
The General Assembly, taking into their serious consideration the instructions given
by the last Assembly to their Commission, to give all due assistance and encouragement to any proposals to be made for propagating the knowledge of God and our
Lord Jesus Christ in the North, the Highlands, and Islands, and foreign parts of the
world; and that the said Assembly had appointed a Committee to receive in reports
from Presbyteries of the advances made in the subscriptions for promoting the foresaid
design, and to act and manage in that matter under the inspection and by the direction of the foresaid Commission; and the General Assembly having heard the report
of the said Commission, that there are now very considerable advances made in the
said subscriptions; and her Majesty having, by her royal proclamation, dated the 18th
day of August last bypast, with the advice of her Privy Council, approven of and recommended the foresaid charitable design, and declared her resolution to grant her
letters patent for erecting the subscribers into a society and corporation for managing
that affair; and the General Assembly, considering that the glory of God, and the
advancement of the kingdom of Christ, in the eternal salvation of the immortal souls
of people, are deeply interested in this truly pious and glorious design, and that the
zeal and forwardness of others, both in England and the United Provinces, in carrying on such a work, hath been blessed of God with wonderful and comfortable success;
does, therefore, with all earnestness, beseech and exhort all the people of this National
Church to contribute their best endeavours, in their stations, to promote this noble and
excellent undertaking; and, particularly, that in zeal for the glory of God, and in pity
and compassion toward many thousands in this Church and nation, especially in the
Highlands and Islands, who live in barbarity and ignorance, and toward so great a
part of the world as is this day perishing for lack of knowledge, they would cheerfully
embrace this precious opportunity of honouring the Lord with their substance, and
making to themselves friends of the mammon of unrighteousness. And the Assembly
does seriously recommend to the ministers and elders of this Church to go through
their respective parishes on such days as the several Presbyteries shall appoint, and
receive and collect subscriptions for or contributions of money from such persons
whose hearts God shall incline thereunto; and that ministers take occasion, on a
Sabbath before they begin this work, to read and intimate this act from the pulpit to
their respective congregations, and to exhort, excite, and stir up their people to sub
scribe or contribute, according to their ability, on this occasion. And the Assembly
does hereby recommend to the several Presbyteries within this Church to be careful
to promote the taking subscriptions and making collections for the end foresaid,
within their respective bounds, so soon as conveniently can be; and where parishes
are vacant, that they appoint some of their number to preach, and intimate this act,
and join with the elders of such parishes, if any be, or with such of the heritors or
parishioners as will assist in taking subscriptions and making collections as is above
expressed; and that the several Presbyteries do, without delay, call for and take in
reports from all the ministers within their bounds, containing a particular account of
the subscribers, and sums subscribed for, and money collected in each parish, and
send an extract thereof, subscribed by their moderator and clerk, to the Clerk of the
Commission of this Assembly; and thereafter, upon advertisement from the said Commission, send in the principal subscriptions and money collected, to be delivered to
any person whom the Society for Propagating Christian Knowledge, when constituted,
shall appoint to receive the same, upon his receipt thereof. And the General Assembly does hereby instruct and empower their Commission to be appointed by them, to
promote by all proper means the foresaid glorious design of propagating Christian
knowledge; and appoints the agents of the Church to dispatch printed copies of this
act to all the Presbyteries of this Church, for the ends foresaid.
VII.
Sess. 5, April 19, 1709, post meridiem.—Act concerning the Better Attendance of
Members on the General Assembly.
The General Assembly, finding that some Presbyteries send not their full representation to General Assemblies, and that some commissioners from Presbyteries do
not attend conform to their commissions, does, therefore, strictly enjoin all the Presbyteries of this Church to send their full representation to Assemblies; and that they
make choice of such as are able to attend, and whom they have reason to believe will
give due attendance: And with respect to such as are chosen commissioners to General Assemblies, who wholly absent themselves from the Assembly, the Clerk of the
Assembly is hereby appointed to send their names to their several Presbyteries and
Synods; and the Assembly ordains, that for the first fault they be censured by their
Presbytery, and that the censure be recorded in their Presbytery books; and for the
second fault, that they be censured by the Synod of their bounds, and the censure
recorded in their Synod books; and that for the third fault they be suspended by
their respective Synods or Presbyteries, conform to the Act, Session 27, ult. August
1647, entitled, "Act for censuring Absentees from the General Assembly." And in
case it shall happen that any of the persons chosen to represent Presbyteries shall fall
sick, or have any other lawful excuse for not attending the Assembly, the General
Assembly appoints, that in due time they acquaint the moderator of their Presbytery
therewith, and the moderator is hereby empowered to call a meeting of the Presbytery
pro re nata, in order to make choice of other fit persons in their room; and if the Presbyteries or Synods shall find cause to sustain the excuses offered by their said commissioners, the Assembly ordains that what is offered by way of excuse be also recorded in their books; and as to such persons as shall withdraw from Assemblies before the dissolution thereof, the Clerk of the Assembly is ordained to send an account
thereof to their Presbyteries, that they may, as they see cause, admonish them
therefor.
VIII.
April 25, 1709.—Act concerning a Fast.
The General Assembly, being sensible of the many evident signs of God's displeasure against this land, manifested by the unseasonableness of the weather, especially
in seed-time, with the sad effects thereof in the present dearth and threatened scarcity,
and the great loss of flocks and cattle in divers parts of the land, and by many spiritual
plagues on all ranks, justly inflicted upon us by an holy and righteous God, for our great
and manifold sins, committed against the clearest Gospel light, and most solemn engagements and deepest obligations to the contrary; and notwithstanding of the
many signal mercies and remarkable deliverances that God hath been pleased to
bless us with, the forgetting of which, and our unanswerableness thereto, is none of
the least of our transgressions, does judge it necessary that a day be set apart for
solemn prayer, fasting, and humiliation, before the Lord, for the causes above
mentioned: And the General Assembly, finding it convenient at this time to refer it
to the several Synods and Presbyteries, to name a day for this solemn duty, does
ordain them, as soon as possible, to set apart a day for solemn public prayer, fasting,
and humiliation, in all the churches within their respective bounds, upon the accounts
foresaid: And the General Assembly recommends it to all the ministers of this
Church to be most serious in holding forth to their people on that occasion the
heinous sins of this land, both of the former and present time, and for their direction
therein, they are hereby referred to the causes of former public fasts, especially in the
years 1690, 1700, and 1701; and to exhort all ranks of persons to flee to Christ for
peace and pardon, and to unfeigned repentance, thorough reformation, and fervent
prayer to God, that he would be graciously pleased to pour out the Spirit from on
high upon persons of all ranks, bless his ordinances with more success, remove all our
distempers, heal our breaches, defeat all designs tending to the disturbing of the public peace, either by foreign invasion or intestine broils in favour of a Popish Pretender;
that he would preserve and bless the person of our gracious sovereign the Queen,
direct her councils, and favour her forces by sea and land with success, so as that this
long, bloody, and expensive war, may issue in such a peace as shall be for the interest
of the reformed religion, and for the relief and restitution of distressed Protestants in
France and elsewhere, and of the just liberties of Europe, that he would bless the
season, and crown the year with his goodness. And the Assembly ordains these
presents to be read by all the ministers of this Church, from their pulpits, upon the
Lord's Day before the day appointed by their respective Synods or Presbyteries for
the observation of this fast; and for this end, that these presents be printed, that
copies thereof may be in readiness for the commissioners from the several Presbyteries
to take along with them.
IX.
Sess. 12, April 26, 1709, ante meridiem.—Commission to some Ministers and Ruling
Elders, for discussing several Affairs referred to them.
The General Assembly, taking into their consideration that there are several weighty
affairs which they cannot overtake, does, therefore, nominate and appoint their reverend brethren, Messrs Thomas Vernour at Balmaclellan, &c., &c., to be commissioners of this Assembly to the effect after mentioned, with full power to the said persons
or their quorum, which is hereby declared to be any twenty-one of the said commissioners, whereof fifteen are always to be ministers, to meet and convene within the
Assembly-House here at Edinburgh, the first day after the dissolution of this Assembly, at ten o'clock in the forenoon; and afterwards, the first Wednesdays of August
and January next, and oftener, when and where they shall think needful and convenient, with power to the said commissioners to choose their own moderator. And
suchlike, the General Assembly fully empowers and authorises their said commissioners, or their quorum above mentioned, to cognosce and finally determine as they
shall see cause, in every matter referred or that shall be referred to them by any act
or order of this Assembly, except it be otherwise restricted, and to do everything contained in and conform to the instructions to be given them by this Assembly, and to
advert unto the interest of the Church on every occasion, that the Church, and present
establishment thereof, do not suffer or sustain any prejudice which they can prevent,
as they will be answerable; providing this general clause be not extended to particular affairs or processes before Presbyteries or Synods, that may not be of universal
concern to or influence upon this whole Church: And the said commissioners are
hereby strictly prohibited and discharged to meddle in any other matters than what
are committed or referred to them as above mentioned; and in all their actings they
are to proceed according to the acts and constitutions of this Church, and do nothing
contrary thereto, or to the prejudice of the same; declaring, that in and for all their
actings they shall be accountable to and censurable by the next General Assembly as
they shall see cause, and this Commission is to continue and endure till the next General Assembly, and members are required to attend the diets of the said Commission,
and absentees therefrom ordered to be noticed, according to the 17th Act of the General Assembly, 1706; and for the better securing of a quorum and attendance of
members on the Commission, the General Assembly prohibits the Presbytery of
Edinburgh, and other Presbyteries within twelve miles thereof, to meet any of the
days or weeks appointed for the meetings of the Commission; and such of the members of these Presbyteries as are of the Commission are required all of them to give
punctual attendance on the diets thereof, and Presbyteries at a greater distance, who
have four or more members on the Commission, are to take care that at least two of
them attend each diet of the Commission.
X.
April 26, 1709.—Instructions to the Commission of the General Assembly.
1. That the Commission, as often as they shall see cause, apply to the government or
any magistrate, for their countenancing of and concurring with the judicatories of the
Church in what the law allows, and for putting in execution the laws against Popery
and profaneness, and seeking redress of grievances, and abuses, and disorders, committed contrary to the established doctrine, worship, discipline, and Presbyterian government of this Church, the contempt of the censures of the judicatories thereof inflicted on scandalous persons; and that they assist Presbyteries and Synods in planting vacancies as they shall be applied to by them.
2. That when any of the ministers who served under the late prelacy, whose lives
and doctrine may render them useful to this Church, shall apply for reception
unto a share of the government thereof, the General Assembly do hereby empower
and recommend to their Commission to receive them, according to the thirteenth
paragraph of the 16th Act of the General Assembly, anno 1697, and that the foresaid Commission be careful to get due information from the Presbyteries where these
persons applying did or do officiate, and for the time reside.
3. That the said Commission use their utmost diligence for getting payment of the
money gifted by the Queen's Majesty for defraying the public charges of the Church,
and in disposing thereof, they are to take care that the public debts of the Church
be first paid, according to an act passed in this Assembly thereanent, and to the instructions given to the Commission of the General Assembly, anno 1706, which are
hereby renewed; and that the encouragement granted by the General Assembly, anno
1699, to ministers and probationers who go North, or to the Highlands and Islands, to
preach, be rendered effectual; and likewise, that the said Commission cause defray
the extraordinary charges and expenses that Presbyteries and ministers have been at,
particularly in these places, in carrying on the planting of Churches and other public affairs of the Church there.
4. And the foresaid Commission is hereby empowered to cognosce and finally determine in all references already made or to be made to them by this Assembly; and
in references and appeals for transporting ministers to the North, the Highlands
and Islands, which shall be brought before them, according to the overtures made
thereanent, anno 1699; and that transportations to any parishes in these places,
whether privileged by former acts of Assembly or not, be carried on, and that in
the most expeditious way, providing that the Commission do not meddle with sentences of Synods, excepting causes particularly referred to them.
5. The said Commission is to apply to her Majesty for the civil sanction to fasts
and thanksgivings, as occasion requires, and to specify the causes thereof.
6. The said Commission is empowered to give all due advice and assistance to
any proposals that may be made to them about endeavours for reformation of manners, for the effectual curbing and suppressing of profaneness and vice.
7. The Commission is empowered to give all due assistance to any Synod or Presbytery in difficult cases, as they shall be applied unto by them for that effect.
8. The Commission is appointed to take special care to keep and maintain unity
in the Church upon all emergencies, especially among the ministers thereof, and to
gain such as separate therefrom, and to suppress error and schism in this Church,
and prosecute the authors and spreaders of books and pamphlets tending thereto,
as is by another act recommended to Presbyteries; and to take notice how any who
have been censured by preceding Assemblies, or Commissions thereof, have carried,
and to proceed to further censure, as the said Commission shall see cause. And
further, the General Assembly does hereby renew the first paragraph of the 18th act
of the General Assembly, 1706, concerning schism and disorders, and appoints the
same to stand as an instruction to this Commission; and that they take notice of
what misrepresentations may be made, either at home or abroad, of the doctrine,
worship, or constitution of this Church, and that they take all decent and proper
methods for the vindication thereof.
9. That the Commission endeavour to make effectual whatever hath been by this
and preceding Assemblies agreed upon concerning the erecting of schools in the
North, the Highlands, and Islands, and what else may tend to the advancement of
religion and reformation in these places, as also to give all due assistance and encouragement to any proposals that may be made for propagating the knowledge of
God, and our Lord Jesus Christ, in these and foreign parts of the world, and to
apply to and correspond with the Lords of Council and Session about this design;
and, if need be, to address her Majesty thereanent; and to write to Presbyteries
from time to time to excite charitable persons in their bounds to contribute towards that design, and to correspond with the Society in Scotland for Propagating
Christian Knowledge, when the same shall be established, in order to advance the
said pious design; and Presbyteries are appointed to return accounts of their diligence in that matter to the said Commission. And further, it is referred to the
Commission to use their endeavours for putting in execution the fifth Act of the
Assembly, 1707, entitled, "Act anent a School in every Parish, and a Contribution
thereanent;" as also the eighth Act of that same Assembly, entitled, "Act for Suppressing of Popery, and Preventing the Growth thereof;" and likewise the fifteenth
Act of that same Assembly, entitled, "Act against Innovations in the Worship of
God."
10. That the Commission have a special respect, so far as the present circumstances require, to the ninth Act of the General Assembly, 1703, concerning the
Planting of Vacant Churches in the North, the Highlands, and Islands, and supplying thereof with ministers and probationers; and the Commission is hereby
empowered to proceed according to the said Act, in so far as they shall find it needful.
11. That the said Commission receive and consider any representations or references that shall be made to them by Presbyteries and others concerned, about large
and spacious parishes, and use all means proper for them for obtaining and rendering effectual, and preserving new erections in such parishes, or stipends to collegiate
ministers thereto.
12. Seeing there is not a full report made to this Assembly concerning the libraries, Irish Bibles, Psalm-Books, and Catechisms, and about the state of the Church
in the Highlands and Islands, and the remaining idolatrous Pagan and Popish superstitious customs in some places there, the General Assembly recommends to this
Commission to prosecute the instructions given thereanent by the General Assembly,
anno 1706, to their Commission, and to use all means in their power for extirpating
these idolatrous and superstitious practices; and to take care that the charges of any
who have been employed about the same be reimbursed out of the money given by
her Majesty for these ends.
13. The General Assembly hereby empowers their Commission to give all due
assistance to the several Universities and Colleges, when any minister is called to any
office therein, and to receive appeals and references, and finally to determine in the
same.
XI.
Sess. 12, April 26, 1709, ante meridiem.—Act for erecting Public Libraries in
Presbyteries.
The General Assembly, considering how much it might tend to the advancement
of learning, that public libraries were settled, at least one in every Presbytery, and
many pious and charitably inclined persons having contributed toward that good design; and the Assembly being desirous to encourage and promote the same, does
hereby earnestly recommend it to such of the Presbyteries of this Church as have
not received any of the books sent for that end from England, to contribute amongst
themselves, in order to lay a foundation for a library at each Presbytery seat; and
also endeavour to procure collections in their several parishes, of more or less, according as their parishioners are able and willing to give and bestow for that end; and
the General Assembly refers it to their Commission to use all endeavours to forward
the execution of what is hereby recommended; and Presbyteries who have got a
share of these libraries are desired to send accounts to the Commission of their receipt of them, where they are fixed, how they have observed the rules sent with these
libraries, and what improvements they are making of them, and other things relating to the said libraries, enjoined to them by acts of former Assemblies and their
Commissions.
XII.
Sess. 12, April 26, 1709.—Act against Bourignionism.
The General Assembly, understanding that the dangerous errors of Bourignionism,
already condemned by this Church, do, notwithstanding, abound in some places of
this nation; does, therefore, earnestly recommend it to Presbyteries to use all effectual
means to prevent the spreading of these and other errors, as is enjoined by the 10th
Act of the General Assembly, held anno 1701, and other acts therein mentioned;
and, further, does hereby instruct their Commission to use all suitable endeavours for
that purpose; and, particularly, if there be any meetings of such as are tainted with
these errors, that care be taken to suppress the same.
XIII.
Sess. 13, April 26, 1709, post meridiem.—Act concerning the Larger Overtures about
the Method of Procedure in Church Judicatories, and other Overtures mentioned in
the 13th, 14th, and 16th Acts of the General Assembly, 1708.
The General Assembly, finding that many Presbyteries have not as yet returned
their opinions as to the overtures and recommendation concerning probationers and
intrants to the holy ministry, and the recommendation concerning competing calls,
contained in the 13th and 14th Acts of the last Assembly, nor their remarks upon
the larger overtures, concerning the method of procedure in ecclesiastical judicatories, which were transmitted to them by former General Assemblies; does hereby,
of new, require and enjoin the several Presbyteries forthwith to take under their
consideration the said larger overtures, especially the Second Chapter, Sections first,
second, third, fourth, fifth, and ninth thereof; and Chapter Third, Sections first, se
cond, third, fourth, fifth, sixth, twelfth, and thirteenth of that Chapter; and also the
said other overtures and recommendations, and send in their opinions about the
same to the Commission of this Assembly, against their meeting in August next;
and the General Assembly recommends it to Presbyteries to take the methods
which they shall judge most effectual, either by appointing diets in hunc effectum,
or committees, to consider the said overtures, and report to the Presbyteries: and,
to the end that the Assembly may be in the better case to consider these and other
things of importance that may come before them, the General Assembly recommends it to Presbyteries to choose the wisest and most grave and experienced of
their number to represent them in the next Assembly.
XIV.
Sess. ult., April 27, 1709.—Act concerning Bursaries.
The General Assembly, having inquired how Synods and Presbyteries have obeyed
what is enjoined by the 13th Act of the General Assembly, held anno 1704, entitled, "Act for bestowing Bursaries upon Students having Irish;" and, finding that
some Synods and Presbyteries have been deficient in that matter, and judging it
needful to continue the said act for some time, did, and hereby do, enjoin the several Presbyteries yet to collect and pay in their proportions of money for maintaining bursars in manner prescribed by the said act for bygone years; and Synods
are appointed to see this done, and to record their diligence in this matter in their
books, and bring an account thereof to the next General Assembly; and the General
Assembly renews and revives the said act, and appoints the same to stand and be in
force until the next Assembly; and, in the meantime, refers it to their Commission
to think upon and prepare some overtures for the right application and management
of the foresaid bursaries for the future, and report the same to the next General Assembly.
XV.
Sess. ult., April 27, 1709.—Act concerning Ministers deposed or suspended, and
Probationers silenced.
The General Assembly, considering that Church judicatories and congregations
are and may be imposed upon by ministers deposed or suspended, and probationers whose licences are taken from them and declared null, for irregularities and
misdemeanours, to the great prejudice of the interests of religion; does, therefore,
appoint the several Synods and Presbyteries of this Church to send accounts from
time to time to the Clerk of the General Assembly, of all ministers who are or shall
be deposed or suspended, and probationers who are or shall be silenced by them:
And the clerk is hereby ordered to lay the same before the General Assembly, or
Commission thereof, at their first meeting after it comes to his hand, that due and
proper methods may be used to make the same publicly known to all concerned.
XVI.
Sess. ult., April 27, 1709.—Act appointing the Diet of the next General Assembly.
The General Assembly of this Church is appointed to be holden at Edinburgh,
upon the last Wednesday of April next, 1710 years, being the twenty-sixth day of
that month.
This General Assembly was concluded with prayer, singing of the 48th Psalm,
from the 10th verse, and pronouncing of the blessing.
Collected and extracted from the Registers of the General Assembly, by
Jo. Dundas, Cls. Eccl. Scot.