only power to judge and determine all questions concerning Ministers manses, and gleibs and grasse. '3. That there be ane civill censure inacted against counterfitters of testimonialls. 4. That in respect of the great defection of the people in Orknay, and condition of effaires there, that able and pious men be sent there to be Magistrates, Judges, and Ministers of justice in these parts. 5. In respect Lues Gordon, sone to the late Marques of Huntlie, excomunicate by the Comission of the Generall Assembly at Aberdene now neir thrie yeires agoe, to the great contempt both of Ecclesiastick and Civill authoritie remaineth still in the North vnder that dreadfull sentence, plundering and oppressing the people there, That therefore their Lordships wold be pleased to give order to the Generall Livetennant to cause take and apprehend him, that he may be brought here, and remain in firmance vntill he satisfie the Kirk, according to the order prescribed against excommunicat persones. '6. That their Lordships wold take some effectuall course for bringing home the children of some noblemen and gentlemen, who, being now out of the countrey, are educat in Poperie, and namely, the children of the Marques of Douglas and Lord Mordingtoun. 7. That some course were taken for a generall Comission for tryell and punishment of witches, in respect of the great charges, besyde the losse of tyme, that people from all corners of the countrey have in attending here vpon particular Comissions; and that their Lordships wold lykewayes thinke vpon a way for intertainment of the poore bodies that are apprehended and in firmance, and to resolve what shall be done with these against whom there cannot be legall probatiouns. '8. That their Lordships would take some effectuall course for putting in execution the Act concerning the intertaining the poore and restraining of beggers and vagabounds.' 'Reasons why adultery should be capitall when the single woman lyeth with the maried man, as well as when the single man lyeth with the maried woman. 1. Because parity of reason doth require it sould be so; the sinne and guilt of these two cases being equall, the punishment ought to be the same. 6 2. Because by the law of God when any degree of filthines is capitall, by the same law the paralel degree is als capitall; as in the law about incest, it is acknowledged by all that the paralel degrees with those that are expressly mentioned in the text are also capitall, so in the law about the punishing adultery, the single woman lyeing with the maried man, being the just and direct paralel of the single mans lyeing with the maried woman, is also capitall by the same law. 3. In those texts, Leviticus 20. 10, and Deuteronomy 22. 22, by the man is to be vnderstood man and woman, and by his neighbours wife is to be vnderstood husband or wife, according to the comon sense of most of the lawes of Moses, as it followes vpon that law, Leviticus 20. 11, 12, where under the wife is undoubtedly comprehended husband or wife, and daughters is sone or daughter in law, the man lies with his fathers wife comprehends also the woman that lies with her mothers husband.' Ministers to Parliament. The Commission of the Generall Assembly being now to Act appointing dissolve, considering the necessitie of some Ministers to preach preach to the to the honourable the Estates of Parliament now sitting, Therefore doe appoint the brethren following to preach to the Parliament in the Parliament House, viz., Mr. James Hamiltoun and Mr. Mungo Law, vpon the last Sabboth of Maij instant; Mr. Hew Mackaell and Mr. Robert Traill, vpon the first Sabboth of Junij; Mr. John Weir and Mr Robert Lawrie, vpon the second Sabboth of Junij; Mr. John Smith and Mr. John Sterline, vpon the third Sabboth of Junij; Mr. George Leslie and Mr. Thomas Garvie, vpon the fourth Sabboth of Junij; Mr. George Hutchesone and Mr. John Hog, vpon the last Sabboth of Junij; And the Comission declares that, if in the meane tyme the Kings Majestie shall cum to this citie, the Comission will thinke vpon some other course for Ministers to preach to the Parliament. toun to Presby The Commission of the General Assembly, having heard the Reference— report of the Presbyterie of Bigger, concerning William Baillie Laird Lamingof Lamington his accession to the late vnlawfull Engagement, terie of Biggar. And finding too great lenitie and slownes in their procedour Lord Mording toun. Letter to with him, in regard of his shifting from time to time to give satisfaction, according to the degree of his guiltinesse, Doe therefore require and ordaine the said Presbyterie to processe him with excommunication, and to goe on therein against him without delay, if he doe not give satisfaction, according to the order prescribed. The Commission of the Generall Assembly, having heard the report of the Presbyterie of Chirneside by Mr. Thomas Swintoun, bearing that some Papists doe resort to the Lord Mordingtouns house, notwithstanding the admonitioun given to him to the contrair, as lykewayes that he hes not recalled home his children, according to the former desire of the Comission and Presbyterie, Therefore they desire the Presbyterie of Chirneside, after intimatioun given vnto him, to proceed against him with the process of excomunicatioun. The Commission of the Generall Assembly, considering the necessitous condition of Leivtennant Colonell William Merser, sone to vmquhill Mr. John Merser, Minister at Staines, doe referre him to the charitable supplie of the Presbyterie of Edinburgh. REVEREND AND LOVING BRETHREN,-Wee thinke it strange that, notwithstanding so many advertisements for payment of the printed papers sent vnto yow, and of the annuitie for dispatches for 1649 and 1650, that yet nothing is done. The printer suffers exceedingly, but we all suffer more in our credite and trust. The sume resting to him is now considerable. Wee shall therefore yet againe once more desire that yow will send in what yow are resting for the saids papers, and for the saids tua yeares annuitie of 20s., with diligence, that compts may be cleared before the Generall Assembly. And for vaiking kirks, we desire the Moderator to pay what is due for them, and that the Presbyterie take course how he may be repayed out of the vaiking stipends, which we are sure may be verie easilie done. If this be not done, and real payment accordingly made, we will be forced at the next Generall Assembly to vrge that some strict course be taken, that these dues, so necessary for publick service, may be speedilly and effectuallie payed. But we shall rather wish yow would prevent it. So, expecting your care herein, wee remain, Your loving brethren, Edinburgh, 23 Maij 1650. THE COMISSIONERS OF THE GENERALL ASSEMBLIE.' Kelso. Concerning the Querees from the Presbyterie of Kelso and Querees from anent witches, The Comission of the Generall Assemblie doe humblie recomend to the honourable Estates of Parliament, or their Comittees, that these Querees may be considered, and advyse given thereanent. The nixt meeting to be vpon the Moderators advertisement. Edinburgh 20 Junij 1650, post meridiem. Sederunt:-MINISTERS.-Mr. Robert Douglas, Moderator. Mr. John Annand: Mr. Arthur Forbes: Mr. James Robiesone: Mr. Hew Makale : Mr. John Hay: Mr. Hugh Campbell: Mr. James Hamiltoun: Mr. David Dicksone: Mr. John Douglas: Mr. James Flemyng: Mr. George Leslie : Mr. Patrik Flemyng: Mr. Gilbert Hall: Mr. William Hamiltoun : Mr. William Jamesone: Mr. William Guthrie. ELDERS.-Thesaurer Depute : Laird of Nidrie: Swintoun: Inglistoun: Justice Depute: Mr. Robert Burnet: Mr. Thomas Murray: David Kennedy: George Porterfeild. This day the Moderator shew that he conveened the Commission at this tyme vpon the occasioun of intelligence from1 the Inglish Sectaries intentions to cum to our borders, as also vpon the notice of the Kings cuming to this countrey, that they may consider what is incumbent to them to doe in these great affaires. The Commission of the Generall Assembly, vnderstanding Minister to that Colonell Pitscotties Regiment, lying in garison at Perth, Pitscottie's wants a Minister, Doe therefore appoint Mr. Alexander Mon- Regiment. creiff, Minister at Scunie, to attend the said Regiment for performing Ministeriall dueties to them for the space of thrie moneths, and that he repair thither with all diligence. Colonell The Commission of the Generall Assembly, having con- Reference Captane John sidered the report from the Presbyterie of Edinburgh, concern- Somervell. ing Captane John Somervell, and finding thereby that he is very sensible of his great offence and sin in his accession to the late vnlawfull Engagement, and impious insolencies comitted by him therein, Doe therefore refer him to the Presbyterie 1 Sic in MS. for of. VOL. II. 2 D Remit- Committee for Conference with the Committee of Estates. Reference Lievtenant of Lanerk to receive his publik satisfaction, according to his degree of guiltinesse and the order prescribed. Concerning the petition of Captane John Auchmouty, The Comission remitts the same to the Presbyterie of Edinburgh, with power to themselves to consider and determine thereanent, as they find reason. This day my Lords Marques of Argyle, Burghlie, Register, Sir John Cheisly, Mr. Robert Barclay, sent from the Parliament to shew the resolutions of the Parliament to send letters to the Parliament of England, and to the Generall of the Army there, to vnderstand their purpose toward this Kingdome; And therefore desireing there might be some of the Commission appointed to confer with some of the Parliament vpon the matter, The Comission therefore appoints Messrs. David Dicksone, George Leslie, Hew Makaill, and Inglistoun, with the Moderator, to confer with these appointed by the Parliament, and to report. Concerning the petition of Lievtenant Colonell James Innes, Colonell James for satisfaction for his accession to the late vnlawfull Engagement, The Commission, in respect of vther scandalls lyeing vpon him, Doe refer him to the Generall Assembly. Innes to the Assemblie. Reference- Monroe to Inverness. Reference Lues Gordon to The Commission of the Generall Assembly, having considered the petitions of Colonell John Monroe of Lemlair, together with the report of the Presbyterie, and having heard himselfe, personallie present, expresse verie much sense of his sinne and offense for his imployment in the vnlawfull Engagement againes England, And being well satisfied with his sensible acknowledgment of that his sinne, Conceaving also good hopes of his better cariage for the future from his present promises, and the experience of his former good behaviour in the publick cause, and especiallie from his late cariage, and active concurrance to the defeating of James Grahame and the forces with him in the North, Therefore they appoint him to make his publik satisfaction in the Kirk of Innernes, and that Mr. John Annand, Minister there, receave him according to the order prescribed. Concerning the petition of Lues Gordoun, sone to the sumthe Assembly. tyme Marquis of Huntlie, The Commission not being satisfied therewith, refers the petitioner to the nixt Generall Assembly, |