Acts: 1640

Pages 44-45

Acts of the General Assembly of the Church of Scotland 1638-1842. Originally published by Edinburgh Printing & Publishing Co, Edinburgh, 1843.

This free content was digitised by double rekeying. All rights reserved.


In this section

The principal acts of 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 Majestie's 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 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 commissioners, wherby 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 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 refuse 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 begining of the next ensuing Session, that the Assembly may judge whether or not it bee according to their minde. (fn. 1)

Act anent the Demolishing of Idolatrous Monuments.

Forasmuch as the Assembly is informed, that in divers places of this kingdome, and specially in the North parts of the same, many idolatrous monuments, erected and made for religious worship are yet extant, such as crucifixes, images of Christ, Mary, and saints departed, ordaines the saids monuments to be taken down, demolished, and destroyed, and that with all convenient diligence; and that the care of this work shall be incumbent to the Presbyteries and Provinciall Assemblies within this kingdome; and their commissioners to report their diligence herein to the next Generall Assembly.

Act against Witches and Charmers.

The Assembly ordaines all ministers within the kingdome, carefully to take notice of charmers, witches, and all such abusers of the people, and to urge the acts of Parliament to be execute against them; and that the commissioners from the Assembly to the Parliament shall recommend to the said supreme judicatory the care of the execution of the lawes against such persons in the most behoovefull way.

Sess. 5, Aug. 1, 1640.—Act for censuring Speakers against the Covenant.

The Assembly ordaines, That such as have subscribed the Covenant and speakes against the same, if he be a minister, shall be deprived; and if he continue so, being deprived, shall be excommunicate; and if he be any other man, shall be dealt with as perjured, and satisfie publikely for his perjury.

Sess. 10, Aug. 5, 1640.—Act against Expectants refusing to subscribe the Covenant.

The Assembly ordaines, That if any expectant shall refuse to subscribe the Covenant, he shall be declared uncapable of a pedagogie, teaching of a school, reading at a kirk, preaching within a Presbyterie, and shall not have libertie of residing within a burgh, universitie, or colledge; and if they continue obstinate to be processed.

The Generall Assembly appoints the next Assembly to be in St Andrews, the third Tuesday of July 1641; and that the Moderator, in a convenient way, by the Secret Councell or otherwise, as may best serve, request the King's Majestie to send his Commissioner to the said Assembly. And if any exigent fall out, that the Presbyterie of Edinburgh give advertisement for an Assembly pro re nata.


  • 1. The above Overtures were drawn up by Mr Robert Baillie.—Ed. 1843.