Chapter LXXXII: Appendix (6)

Then the present Modʳ asked a number of the members concerning their whole opinion of the whole procedure of the Commission; soe all that wer asked being many, and the most considerable members sitting answered, they were satisfyed with the whole procedure of the Commission; only some of them said they wer not clear concerning the act of Agust 13; and the most of all said the Commission of the Kirk wer censurable in regard of their too much lenity in reference to the persons who had opposed the publick resolution. Only among all the Members of the Assembly, Mr Jo. Dickson, Mr Rob. Fergison, Mr Ja. Nisbet, Mr Alexʳ Gordon, Mr Thomas Lundy, being asked of their opinion anent the Publick Resolutions, declared themselves unsatisfyed in taking men into places of power and trust, contrary to the Covenant and solemn engagment. And Mr Tho. Lundy being the first of the former 5 that was interrogate of his opinion, propounded his objections in the name of the rest very acuratly; especially he urged ane argument from the Engagment, viz., how we could acknowledge it a sin to put malignants in places of trust in armys, and promise, in the obligatory part, not to doe the like again?—how these, by the Publick Resolutions, are reconciled? _2ly_, How the Commissioners Act for excomunication of these who rose last in the north untill the Assemblie could be compensate with to be violate and the act not stand? _3ly_, He objected that that word in the querie “notoriously scandalouse” was contrary to that of the engagement, viz., of knowen integrity; and this he confirmed by the first of the three objections: but the truth is, noe satisfactory answer was given. And the rest of this bussiness was referred to the afternoon. But here mark, that the Moderator of the Committy gave the opinion of the Committy for approbation of all before one man’s opinion in the Assembly was sought, quhich, in such debatable matters, might seem to be a prelimitation of the Assembly.

Sess. 10.—July 24.

It being propounded that all papers might be read, the Westland Remonstrance was read with the Commissions sence thereupon. In the midst of the reading of the Remonstrance came in Mr Ja. Wood, and desyred, that seeing he heard ther was a brother, viz., Mr Thomas Lundy, quhich proponed some objections in the forenoon quhich he heard, according to the propounders opinion wer not sufficiently answered, that again they might be proponed.

The Moderator desired him to remove untill the present bussiness was done, and then he and others in the Commission should be called upon; soe, after the reading of the Remonstrance with the Commissions sence thereupon, Mr Ja. Wood, Mr Douglasse, Mr Dickson, was called in upon, and Mr Tho. Lundy was desired to propone his former objections, to the quhich he replyed modestly, that he was not fitt to debeat with such able men, grave men, befor such a judicatory; yet, least he should seem to refuse satisfaction, he would propone, and the former 3 answered; but the strenth of their answer did run to the point of necessity, but that was not satisfactory to the former. After long dispute, Mr Tho. objecting, and these answering, the debate ceased.

After this, Mr Robᵗ Fergison proponed ane objection to this purpose; that the Commission of the Kirk had not stood for the libertys of the same, in regard they did not bear testimony agˢᵗ the Estates confining the Ministers of Stirling for supposed error in doctrine, ther being noe precedent judgment of the Kirk condemning their doctrine.

Mr Douglasse answered, that they wer not confyned by the State, but only amicably desired to stay at Perth till the King’s return, he being gone to Aberdeen.

After this, the present Moderator proponed if there wer any more that had any scruple to propone. Mr Murdoch, Mr MᶜKenny, and Mr Dav. Forret, said Mr Alexʳ Gordon was unsatisfyed in some parts, quhich he declared befor noon, and desired him to propone them.

Mr Alexʳ answered he would doe quhat he had engaged, to propone them in a more privat way to the Members of some of the Commission quhom he thought most able for answering.

After this, the Moderator proponed that they might fall upon the Act of the 13 of Agust, seeing there was noe more to doe anent the report of the Committy anent the Commissions proceedure.

The King’s Commissioner said, that in regard that act did nearly concern the King, he proponed that the Assembly might vote the approbation of all the rest of the procedure of the Commission, and leave that untill he should speak with some of the Members of the Commission in privat. This did breed much debate, for some would have had the King’s Commissioners desire, it being soe reasonable, granted; others objected that there was noe such preparative for the division of the approbation of the Commission Books, soe, after much debate, they did strick this midst in it, that presently the Lord Commissioner should goe apart and speak with some of the Members of the Assembly, and they in private agreed upon a sense that Act should have in all tymes coming, quhich the Assembly agreed unto; after quhich the Moderator proponed the voicing of the whole procedure of the Commission. The question was stated, Approve or not? Soe the whole Assembly voiced approbation of all and evry part of quhat the Commission had done, with the largest commendation that ever any Commission gote—except these 7 following, who votted, not approve, viz. Mrs Tho. Lundy, Jo. Dickson, Ro. Fergison, Ja. Nisbit, Alexʳ Smith, Alexʳ Bartrim, Alexʳ Gordon.

After this, the Moderator [Douglasse] took his chaire, and they read the causes of their fast. The main wer the insolent attempt done upon the Commission; _2ly_, The defeat of our party. And then this Session ended.

The nixt morning they fell on the contraverted Commissions, and soe they concluded that the election of Commissioners for Glasgow and Stirling that remained should be susteaned, and the other election, who deserted, should be rejected.

A little after, the enimy marching towards St Johnstoun, by quhich way to have access to Dundee quhere the Assembly was conveened, the Assembly arose and dispersed themselves the best way they could for escaping the enimie and their own safty; yet some of them, notwithstanding, did fall into the enemies hands as Mr Rob. Douglass, Moderator, and some others.

_This account was wrote by Mr Alex. Gordon, the only surviving member
of this Assembly, and taken of his originall MSS. wrote during the
Assembly, transcribed and collated Jan. 12, 1703, by_

R. WODROW.

* * * * *

1651.

_Acts of the Assembly 1651, and other Documents, extracted from the
Controversial Pamphlets of the Time, but never recognised or printed
among the Acts of the Church since the Revolution._[447]

No. I.

_Unto the Moderator and Brethren Assembled at St Andrews, The humble
Representation and Desire of the Ministers of the Gospel, under
subscribed._

Amongst the many sad tokens of the Lords indignation and wrath against this Church, the present unhappy differrences of His Servants of the Ministry is looked upon by Us, and We beleeve by all the Godly of the Land, as one of the greatest: And as We hold it a Duty lying upon Us to be deeply humbled before the Lord in the sence thereof, and in our Stations and Callings to endeavor, by all lawful and fair means, the remedy and removal of the same; so we acknowledge a free Gen. Assembly, lawfully called, and rightly constitute, and meeting together in the Spirit of the Lord Jesus Christ, and proceeding with Meekness and Love according to the Rule of His Word, and Constitutions of this Church, to be amongst the first and most effectual Remedies appointed of God, for attaining of these ends. Therefore considering that the Election of Commissioners for the Assembly hath been in many places limited and prejudiced in the due liberty and freedom thereof, by the Letter and Act of the Commission of the last Gen. Assembly, to Presbyteries appointing such as remain unsatisfied with, and bear testimony against the Publick Resolutions, to be cited to the General Assembly; which upon the matter, hath in many Presbyteries really obstructed the Electing of such, though otherwise men of approven abilities, and constant faithfulness and zeal for the Work of Reformation since the begining thereof: and that many Elections are questionable, some as containing persons not in a capacity to be chosen by the Acts of this Church, and some as not being made in a due order and right way; and that many Commissioners of Presbyteries and Burroughs are absent, some of them wanting free access, by reason of the English lying in the Country, and some upon other impediments and occasions; And remembring that such Reasons have formerly had weight in point of Discussion of the validity of some Assemblies, and may still be looked upon as important and weighty, by these who may happen not to be satisfied in their consciences with your proceedings. We did with all humble earnestness, and in the bowels of the Lord Jesus Christ, desire and beseech you for Truth and Peace sake; and that further mistakes and divisions may not be increased unto the prejudice of the Lords Work, and rejoycing of Enemies, and sadding the hearts of His People, That the Diet of the Gen. Assembly may, by the common consent and advice of the Brethren now met together, be adjourned for some competent time; and that by the same mutual advice and consent it may be declared, That the Letter and Act of the Commission ought not to be any prejudice to these who remain unsatisfied with the Publick Resolutions, why they may not be chosen Commissioners to the General Assembly; And that such Presbyteries as shall think fit, may make their Elections of new again, especially these Presbyteries whose Elections of Commissioners are questionable, to whom we desire it earnestly to be recomended, that they would in an unanimous way make choice of men of approven abilities and integrity, and against whom there can be no exception by the Acts and Constitutions of this Church. And in the last place, We do humbly represent and desire, that in the interval of time betwixt this and the Dyet, to which the Assembly shall be adjourned, there may be a Solemn Publick Humiliation throughout the Land, wherein God may be intreated to shew us why He contends with us, and to give light and clearing on all hands concerning the present differences of judgment, and distempers of spirit that are amongst us, that we may be of one mind, and one heart, for the carrying on of the Work of God amongst His People; And Your Wisdoms Answer.

_Subscribed by sundry Ministers of the Gospel._

* * * * *

No. II.

_Protestation against the Lawfulness of the Assembly._

St Andrews, July 18, 1651.

How gracious the Lord hath been to the Church of Scotland, in giving to her pure Ordinances, we trust shall be acknowledged by us whilest we live, with thankfulness to the Most High, of whom we desire mercy and grace to adhere unto the Doctrine, Worship, Discipline, and Government established in this Land: Amongst the many sad tokens of the Lords Indignation against this Church, The present Differences of His Servants of the Ministry is looked upon by us as one of the greatest: And as we hold it a duty to be deeply humbled before the Lord in the sence thereof, and by all lawful and fair means within the compass of our power and station to endeavor the remedy thereof; so we do acknowledge a free General Assembly, lawfully called, and rightly constituted, and proceeding with meekness and love in the Spirit of the Lord Jesus Christ, according to the Rule of the Word, and the Acts and Constitutions of this Church, to be amongst the first and most effectual means appointed of God, for attaining this end, and for preserving the purity, and advancing the power of the Work of Reformation in this Age, and transmitting the same to our Posterity, and to the Ages and Generations that are to come. But as the faithful Servants of God in this Church in former times, did by His good Hand upon them in the right administration of free and lawful Assemblies, bring the Work of Reformation in Scotland unto a great perfection, and neer conformity with the first pattern: So, unfaithful men minding their own things more then the things of Christ, and usurping over their Brethren and over the Lords Inheritance, did deface the beauty thereof, first by encroaching upon the liberty and freedom of Assemblies; afterwards by taking away the Assembly themselves. Therfore, remembring the many bonds and obligations that lie upon us before the Lord, and being desirous to be found faithful in this day of temptation, and to exoner our consciences as in His sight, and to avoid accession to that guiltiness in which many have involved themselves, and conceiving that this present Meeting is not a free lawful Gen. Assembly of the Church of Scotland, in regard that the Election of Commissioners to the same hath been pre-limited and prejudiced in the due liberty and freedom thereof, by a Letter and Act of the Commissioners of the last Gen. Assembly sent to Presbyteries appointing such Brethren as, after conference, remain unsatisfied with and continue to oppose the Publick Resolutions, to be cited to the General Assembly; And in regard that Commissioners from many Burroughs and Presbytries are absent, as wanting free access, by reason of the motion of the——; and in regard that many of the Commissioners of the former Assembly, who have carried on a course of defection, contrary to the trust committed to them; and who in their Remonstrances and Papers have stirred up the Civil Magistrate against such who are unsatisfied in their consciences with their proceedings, and who have by their Letter and Act prelimited the Assembly, are admitted to sit and vote as Members of the Assembly, and their Moderator appointed to be Moderator of the Assembly, notwithstanding that timous exception was made against them, that they ought not to be admitted as Members of the Assembly, until their proceedings were first tried and approven by the Assembly; And in regard that his Majesty by his Letter, and his Majesties Commissioner by his Speech to the Assembly hath incited to hard courses against those who are unsatisfied in their consciences with the proceedings of the Commission, before these proceedings be tried and approven by the Assembly it self. We do upon these and many other important grounds and Reasons to be propounded and given in, in time and place convenient, protest in the name of the Church of Scotland, and in our own Names and in the Name of all Ministers, Ruling-Elders and Professors of this Church, who do or shall adhere to us against the validity and Constitution of this Assembly, as not being free and lawful, and that they may not arrogat nor assume to themselves any authority, nor exercise any power or jurisdiction for determining of Controversies, making of Acts, emitting of Declarations, judging of Protestations or Appeals, or proceedings of Synods or inferior Judicatures, or censuring of Persons or Papers, or issuing of Commissions of whatsoever sort, to any persons whatsoever; and particularly we protest, that they may not proceed unto the approving or ratifying of the proceedings of the former Commission, not only because of their want of just power and authority so to do, but also because these proceedings contain many things contrary to the trust committed to these Commissioners, especially the allowing and carrying on of a conjunction with the Malignant Party, and bringing them in to places of Power and Trust in the Army, and in the Judicatures, contrary to the Word of God, the Solemn League and Covenant, the Solemn Confession of Sins and Engagement to Duties, the constant tenour of the Declarations, Warnings, Remonstrances, Causes of Humiliations, Letters, Supplications, and Acts, and Constitutions of this Church, and the laying of a Foundation for the Civil Magistrate to meddle with Ministers in those things which concern their Doctrin and the exercise of Ministerial Duties before they be cited, tried, and censured by the Judicatories of the Church. And we protest that whatsoever Determinations, Acts, Ratifications, Declarations, Sentences, Censures, or Commissions that shall be made, or given out by them, may be void and null, and may be interpreted as not binding to the Church of Scotland, and that notwithstanding thereof it may be free for us, and such as adhere to us, to exercise our Ministerie, and enjoy the warrantable Christian liberty of our consciences according to the Word of God, the National Covenant, and Solemn League and Covenant, and Solemn Engagement to Duties, and all the Acts and Constitutions of this Church; and that there may be liberty to chuse Commissioners, and to conveen in a free lawful General Assembly, when there shall be need, and the Lord shall give opportunity, and to add what further Reasons shall have weight for shewing the nullity of this Assembly, and the unwarrantableness of the proceedings of the Commission of the former Assembly. And that these Presents may be put upon Record by the Clerk in the Regesters of the Assembly, to be extant _ad futuram rei memoream_, and that we may have subscribed Extracts thereof under the Clerks hand.

* * * * *

No. III.

_Instances of the Influence that the Letter and Act of the Commission
of the Gen. Assembly 1650 had upon several Presbyteries and Synods,
and upon several persons therein, in the Election of Commissioners
to the Assembly 1651, and in the Citing of these of their Number who
were dis-satisfied with the Publick Resolutions as they are attested
out of the Registers, or by Members of these Presbyteries and Synods,
who were Witnesses to their Proceedings in these things._

1. _Instance in the Presbytery of Jedburgh._

The Letter and Act of the Commission of the Gen. Assembly 1650, concerning the Citing of such of their Number as were Opposite to the Publick Resolutions, came to the Presbytery of Jedburgh, before the chusing of their Commissioners to the Assembly: At the time of the Election, the Presbitery after the reading therof, did in obedience thereto, make enquiry, who of their Number were not satisfied with the publick Resolutions; and finding that Mr John Livingston, Mr Ja. Ker, and Mr Jo. Scot, were dis-satisfied with these Resolutions, they did appoint Conference with these Brethren in order to their satisfaction, by reading of some publick Papers, refusing any other way of Conference unto them; after which, they went on to the Election of their Commissioners, passing by these dis-satisfied Brethren, and Citing them by vertue of the Act of the Commission, to Compear before the General Assembly to be holden at St Andrews the ______ day of July, 1651.

2. _Instance in the Presbyterie of Dunkel._

The Presbyterie of Dunkel having chosen such of their number to be Commissioners to the General Assembly 1651, as were in their judgments opposite to the publick Resolutions; some of the Presbytery dissented from the Election of these persons upon the ground of their being uncapable to be Commissioners, because of an Act of the Commission for citing of such to the Assembly, and urged, That the Dissent, and ground thereof, might be marked in the Presbytery-Book, to be judged by the Synod.

3. _Instance in the Synod of Perth._

The Synod of Perth, which met in June 1651, having received and read the Letter, and Act of the Commission, concerning the citing these who were opposite to the publick Resolutions, did find it incumbent unto them for satisfying the said Letter and Act, to appoint the several Presbyteries within their Bounds, and where the plurality of the Presbytery was dis-satisfied with the publick Resolutions, some nominated by themselves to Confer with dis-satisfied Brethren; and in case of their not receiving satisfaction by Conference, to cite them to the Gen. Assembly at St Andrews, from which Act of the Synod, such dis-satisfied Brethren as were present, who were about eight or nine, did Dissent, and were therfore cited _apud acta_ by the Synod, to Compear before the Assembly, because of their opposition to the publick Resolutions: and concerning the rest who were absent, it was ordered by the Synod, That personal Summons should be sent unto some of them, and that others of them, in case of their not being satisfied by Conference, should be cited by their respective Presbyteries, and such as were appointed to Confer with them: At the same time, the Synod taking in consideration the Dissent of some of the Members of the Presbytery of Dunkel, and the grounds thereof, from the Election of their Commissioners, did sustain the same, and appoint the Presbitry to make a new Election.

4. _Instance in the Presbytery of Kirkaldie._

The Presbyterie of Kirkaldie, having received and read the Letter and Act of the Commission, did thereafter and in order therto, refuse to subscribe the Commission of Magnus Aytoun, then chosen Commissioner to the General Assembly by the Town of Brunt-Iland, because when his Commission was presented to the Presbitery, he was not present to declare his judgment concerning the publick Resolutions. The same Presbytry did by vertue of the same Letter and Act find themselves oblidged to Refer or Summon two of their number, to wit, Mr Alex. Muncreiff, and Mr George Nairne to the General Assembly, because of their being dis-satisfied with the publick Resolutions, but remembring that these two had a little before that time Dissented from an Act of the Synod of Fife, appointing such Ministers in the Bounds of that Synod as were dis-satisfied with the publick Resolutions, to be referred to the General Assembly, did find that they were obliged to compear before the Assembly, to give in the Reasons of their Dissent from that Act; and therfore the Presbytery did draw up a Paper mentioning their regard to the Act and Letter of the Commission, and also bearing the Dissent of these two Brethren, and that they judged it not necessary to summon them, who were already by their Dissent obliged to compear; and this Paper they did deliver to their Commissioners, appointing them to present it to the Assembly.

5. _Instance in the Presbytery of Glasgow._

The Presbytery of Glasgow did choose Commissioners to the General Assembly 1651, before the Letter and Act of the Commission came to their hands, from which Election some of their Number did Dissent upon this ground amongst others, because the persons chosen were of a contrary judgment to the publick Resolutions, and that they knew that the Commission of the General Assembly was to send some publick Directions to the Presbitery anent that matter, and the dissenting part of the Presbitery, though the smaller number by many, did thereafter make a new Election of their own, and did cite some of these of the Presbitery who were opposite to the publick Resolutions, to compear before the Assembly upon the ground contained in the Letter and Act of the Commission; and some of the same Dissenting part of the Presbitery, who were frequently with the Commission, in promoting these Affairs, did send the Letter and Act of the Commission inclosed in a Letter of their own to two of the Brethren of the Presbitery of Lanrick, advising them, That before the Election of Commissioners in their Presbitery, they should cause read the Letter and Act of the Commission, and endeavor to carry on the Election accordingly; and that if they could not attain this, that then these of their Number who did approve of the publick Resolutions, should make a New Election amongst themselves, and leave it to the Assembly to judge which of the two Elections was valid; signifying withal unto them, that they had done so in the Presbytery of Glasgow.

6. _Instance in the Presbitery of Biggar._

The Letter and Act of the Commission 1650, concerning such as did Differ from the publick Resolutions, came to the Presbytery of Biggar, and was publickly read therin before the chusing of their Commissioners to the General Assembly; and thereupon Interogators were made to the Brethren, for trying of their judgment anent the publick Resolutions, that these who profest themselves dissatisfied therewith, might be rendered uncapable to be chosen Commissioners to the General Assembly.

7. _Instance in the Presbytery of the Merns._

The Presbytery of the Merns, having chosen the Lord Arbuthnet in his absence from the Presbytery, to be Commissioner as Ruling Elder to the General Assembly 1651, did send two of their Number unto him to take his Oath to be faithful in that imployment; and withal, to take tryal whether he were satisfied with the publick Resolutions; and to signifie to him, That if he were not satisfied with these Resolutions, the Presbytery could not be answerable to give him a Commission for sitting in the Assembly, but behoved to chuse another.

These Instances may suffice for verifying of what is alleadged in the
former Debates concerning the influence that the Letter and Act of
the Commission of the General Assembly had upon several Presbyteries
and Synods and Persons therin, in the Election of Commissioners to
the Assembly 1651, and in Citing of these who were Dis-satisfied with
the publick Resolutions, and therefore it shall not be needful to
trouble our selves or the Reader with the bringing and setting down
of more of this kind.

No. IV.

_Papers betwixt the Assembly and Committee_ [_of Estates_.]

_Offers and Desires from the Committee of Estates, Presented by the
Earle of Glencarn, the Thesaurer-Depute, and Archibald Sydserf, to
the Gen. Assembly._

As we cannot but with sad hearts regrate that notwithstanding of the many endeavors of, and great pains taken by the Parliament and Committee of Estates, for removing of Differences, and offering all just satisfaction to the Desires of the Commissioners of the General Assembly concerning the necessity and lawfulness of this present Engagement; yet they have all hitherto proven ineffectual, and Divisions betwixt us are rather increased, then lessened; so we cannot but here promise to our selves better Success from the wisdom of this grave and venerable Assembly, especially whilst our consciences bears us witness, that in all our undertakings we have nothing before our eyes but the glory of God in the first place; and in the second, the good and preservation of Religion; and next therunto, the safety of his Majesties Person now in danger, and the pursuance of the same ends of our Covenant which hath been sealed with the blood of so many of our friends and country-men: And that our sincerity and reallity in all these may be manifested to all the world, we are content now again at this time, not only to renew all these offers which were formerly made by the Parliament to the Commissioners of the Gen. Assembly, for the security of Religion; but hereby we offer to grant what further security the General Assembly shall be pleased to demand in reason of us for Religion: And although we cannot lay negatives and restrictions on the King, but must, as obliged in conscience and duty, endeavor his Rescue, that he may come with honor, freedom, and safety to some of his Houses, in, or about London; yet we are most willing to give what Assurance can be demanded for our selves and our Army, even by an solemn Oath, if so it shall be thought fit by the General Assembly, that we shall not be satisfied and lay down Arms, until Religion be secured in all his Majesties Dominions, according to the Covenant: Therfore out of the deep sense we have of the great danger that the further growth of these Divisions may bring to Religion, the Kings Majesty, and to these who doth sincerly wish the settling of Presbiterial Government in all his Majesties Dominions, We cannot but desire you seriously to weigh the sad Consequences may ensue, if, at this time there be not found amongst you, some who will endeavor to heal, and not to make wider the Breaches betwixt Church and State, to remember that no such effectual help can be yeilded at this time to that ___________ _______ as to have the hearts and consciences of the people preposessed with prejudices against the Resolutions of the Estates and their so pious and necessary Engagment. And for this cause, to the end these unhappy Differences may spread no further, we do intreat you would be pleased to appoint some of your Number, to meet with such as shall be appointed by us, for Composing these mis-understandings betwixt Church and State: And likewise for so cleering the Marches betwixt the Civil and Ecelesiastick Power in these Questions hath been Debated betwixt the Parliament and the Commissioners of the Gen. Assembly; as the Kirk may be freed of all scandals in medling with Civil Business, and the Estates from the scandals of Erastianism: And seeing our desires herein are only to remove all jealousies betwixt the Church and State, and to witness to the world our unfained intentions to do al that is in our powers for the most satisfaction of the Gen. Assembly, We do desire that ye would be pleased to forbear the emitting of any Declaration either to this Kingdom, or the Kingdom of England, relating to our present Engagement and proceedings, considering how unseasonable it may prove whilst our Army is in the Fields against the great obstructions of any Enemies to our Reformation, to do any thing may encourage and strengthen the hands and hearts of that __________ who doubtless will encourage themselves in their own wayes, the more they have ours disaproven by you: And as their unhappy differences and divisions have already so wrought upon the hollow hearts of some of our Countrymen, as to move them to rise in Arms against the Parliaments Forces, and of some to run and joyn themselves with these ______ _______ so much the more wil these ______ be strengthned and encouraged against us by their hearing of our Divisions: We do likewise desire, That before the Gen. Assembly proceed to any approbation of the actions of the Commissioners of the Gen. Assembly, That in these things that may relate to the present Engagement and to these Questions [that] hath been Debated betwixt the Parliament and them, we may be first hard. All these we desire for no other end, but that these untimely Differences and Rents now grown to so great a height as that they threaten the ruin both of Church and State, may by the blessing of God in the spirit of Meekness be cured and bound up, That neither Malignants on the one hand may have occasion to laugh at our Divisions, nor ______ on the other hand encouraged and strengthned against us: But that we (as formerly) may go on in one way, being all engaged in one Cause for one and the self-same Ends; And so may receive a blessing from the Lord of Peace and Order (which hates the instruments of Division and Confusion) upon all our endeavors, for advancing the blessed work of Reformation, and for bringing to an happy end all the Miseries and Confusions now, which these Lands bath been so long tossed and consumed with.

Before the Assembly give any Answer to the Paper produced from the
Honorable Committee of Estates, The Assembly thinks fit to enquire
at the honorable Persons who presented the Papers, If the Committee
of Estates have any new Objections against the Proceedings of the
Commission of the late Assembly, or only the same Objections made by
the Parliament, or their Committees before.

_Sic subscrib._

A KER.

The Committee of Estates do make this Return to the Paper of the Gen. Assembly, That they have just and material Exceptions against the proceedings of the Commissioners of the Gen. Assembly, besides any formerly made by Parliament or Committee of Estates.

The Assembly continues until the morn at ten hours that Examination
of the Proceedings of the Commission of the late Assembly, and do
appoint that time for Hearing any New Exceptions the Committee
of Estates hath to give in against the Proceedings of the said
Commission.

_Paper sent into the Assembly._

Whereas it hath been the constant Care and Endeavor of the Parliament and Committee of Estates, To use all means for removing and setling the Differences betwixt the Church and the State; and in pursuance of that good way, The Committee did yesterday give in some new Desires and Offers to the Gen. Assembly, That some might be appointed to meet and confer with such as should be appointed by the Committee therupon: But since instead of imbracing and laying hold of this opportunity of composing Differences, The Gen. Assembly doth proceed toward an approbation of the proceedings of the Commissioners of the Assembly, wherby we conceive all hopes of making up the Breaches will be removed, and the prejudices will be great that will thereby ensue to this cause and Kingdom; For preventing whereof, we hold our selves obliged again, to desire you, as you tender the furtherance of the work of Reformation, the Good, Peace, and union of the Kingdoms, and the composing of all Differences and Jealousies, that you would apply your selves to these our Desires, and appoint some of your Number to confer with us therupon for the Exceptions we have against the proceedings of the Commissioners of the Gen. Assembly: We have confidence a Conference may preveen the same, and are more willing not to give them in at all, or at least only to give them in to those you shall appoint to confer with us, that if it be possible Differences may yet be removed, then that we be necessitate to appear in publick amongst them: And that this and our former Paper may remain as a testimony of our Desires for Unitie and Peace, we desire that they may be Recorded in the Books of the General Assembly.

The Assembly do give this humble return to the Papers sent this
day from the Hon. Committee of Estates, That they are most willing
to appoint a conference with any of their Lordsh. number, but that
according to the Order and Acts of former Gen. Assemblies, they
conceive themselves obliged, first to examine the proceedings of the
Commission of the late Gen. Assembly, and thereafter shall be willing
to confer, being also now ready as of before to hear Exceptions, if
there be any, against the proceedings of the said Commission.

_Subscrib._ A. KER.

The Committee of Estates understanding that the Gen. Assembly is to proceed to the examination of the proceedings of the Commissioners of the late Gen. Assembly in order to an approbation before they agree to a Conference; and the Committee being to give in their just exceptions against the proceedings of the said Commissioners, do desire the Gen. Assembly to allow some few dayes delay to the Committee to prepare their Exceptions before the Assembly proceed in the Business.

The Assembly continues the examination of the Proceedings of the
late Gen. Assembly until four afternoon, and appoints that time for
Hearing any new Exceptions the Honorable Committee of Estates have to
give in against the Proceedings of the said Commission,

_Subscrib._

A. KER.

The Committee of Estates finding it impossible in so short a time to prepare their Objections against such of the proceedings of the Commissioners of the General Assembly, as relates to their Engagement: and yet being most willing to essay all fair means for procuring an happy Understanding betwixt Kirk and State, are content to appoint some of their Number to meet with such as shall be appointed by the General Assembly for Composing of Differences betwixt the Church and State, without prejudice to them to use all their just Objections against the proceedings of the Commissioners of the late General Assembly, if the Conference shall not produce these happy Effects they earnestly wish.

The General Assembly unto the Motion sent this afternoon from the
Honorable Committee of Estates, Do return humbly this Answer, That
they yeeld to their Lordships Desires of a Conference, and for this
end appoints Mʳˢ David Calderwood, David Dickson, Robert Douglass,
Andrew Cant, John Moncreif, John Smith, and John Mac Clelland,
_Ministers;_ and the Earl of Cassilles, the Earl of Louthian, Lord
Balmerino, the Lairds of Moncreif and Freeland, with the Moderator
to confer with any appointed by the Honorable Committee of Estates,
at such time and place as shall be appointed by their Lordships,
upon the present Dangers to Religion and the Cause of God, the great
prejudices done to the Liberties of the Kirk, and the best remedies
thereof: And to Report the Result of their Conference from time to
time: And they have also Power to receive any Offers or Papers from
the Honorable Committee of Estates, and to present the same to the
Assembly: Declaring that the proceedings of the Commission of the
late Assembly being now exactly tryed, and unanimously approven,
there is no place left for any Objections against the same.

_Subscrib._

A. KER.

* * * * *

No. V.

_Act at Dundee approving the Proceedings of the Commission of the former Assemblie._

July 24, 1651. Post meridiem.

The Generall Assembly having considered the report of the Committee appointed for revising the Proceedings of the Commission of the preceding Assembly; and having also heard the doubts and objections of diverse Brethren, against their Acts and resolutions after-mentioned, after due examination, long and much debate and mature deliberation, The Assembly findes the zeal, diligence, wisdom, and faithfulnesse of the said Commissioners in the discharge of the trust committed unto them, very great, and in the manifold difficulties of this last years great and dangerous occasions, their watchfulnesse and labours to have been very singular and more then ordinary: And therefore do approve their Acts and Proceedings, especially their sense of the Western Remonstrance, Perth Novemb. 28, their Answer to the Parliaments Quære, anent the more generall calling forth of the People, Perth Decemb. 13, their Solemn Warning, Perth Jan. 6, their Answer to the Letter of the Ministers of the Presbyterie of Stirling, Perth Jan. 6, their Answers to the Letters from other Brethren and Presbyteries in relation to Publick Resolutions; their Answer to his Majesty, and Committee of Estates Letter anent the Protestation of the Ministers of Stirling, Perth March 18; their Act concerning the opposers of Publick Resolutions, and Letter to Presbyteries thereupon; their Answer to the Quære anent the Acts of Classes. And in these and the rest of their proceedings, do judge them to deserve high commendation. Onely the Assembly having considered their Act and Declaration of August 13, 1650, at the West Kirk, finding that some have already made ill use of the same: And to the end that it may not hereafter be to any a ground of unwarrantable proceeding in reference to the Kings Majesty, or any of his Successors, Declare, that the said Act and Declaration shall not in any time coming be interpreted to have any other meaning, then that the Kings Interest is not to be owned but in subordination to God, the Kirk being ever willing, as their duty is, to own and maintain in their station, his Majesties Interest in that subordination, according to the Covenants. And the Assembly Ordains Master Robert Bailzie Moderator _pro tempore_, to return to their said Brethren hearty thanks in the name of the Assembly, for their great pains, travell, and fidelitie.

_Sic subscribitur_, A. KER.

No. VI.

Dundee, Julii 21, 1651. Ante mer. Sess. 19.

_Act for censuring of those who do not acknowledge this present
Assembly, and do not acquiesce to the Acts thereof, &c._

The Generall Assembly considering that all persons who protest against, and decline the authority of the General Assembly, are censurable by the Acts and Constitutions of this Kirk, with the highest censures thereof, and that by the Act of the solemne General Assembly of Glasgow, 20 Decemb. 1638, Sess. 26, Presbyteries and Provincials are ordained to cite and censure all such as would not acknowledge the said Assembly. And the Assembly being very sensible of the prejudice this Kirk may suffer in her Liberties and Priviledges, by the beginnings of such practices (if they be not timeously prevented and restrained.) Therefore according to the practice and example of the said Assembly, They ordain Presbyteries and Provinciall Assemblies, to call before them all persons that do not acknowledge this present Assembly, and to censure them according to the degree of their contempt and obstinacie to the Acts of this Kirk: And the Assembly having also considered that by the afore-mentioned Act of the Assembly of Glasgow; and another Act of the said Assembly, Decemb. 18, Sess. 24, Presbyteries are ordained to proceed against these that do not acquiesce to the Acts of the said Assembly, and that refuse themselves, or draw others from the obedience of the Act of the General Assembly, in manner mentioned in the said Act. Therefore do ratifie and approve the said Acts, and declare, that they are to be extended against Ministers censured by this Assembly, and all those that oppose the Publick Resolutions thereof. Ordaining also Presbyteries and Provincial Assemblies, To call before them all persons that shall not acquiesce to the Acts and Constitutions of this present Assembly, and to deal with them by conference for their satisfaction. And if in their conference with them they shall still oppose the Acts and Conclusions of this Assembly, That they censure them according to the degree of their offence and obstinacie to the Acts of this Assembly. And where Presbyteries are negligent or wanting herein, the Assembly appoints the Commission appointed for Publick Affairs, to proceed against the said offenders respective, and to censure them in manner above specified, giving unto them full power for that effect.

* * * * *

No. VII.

Eodem die at Dundee, Ses. 19. Ante merid.

_Act against Expectants who oppose the Publick Resolutions._

The General Assembly understanding the scandall and prejudice of practices and carriage of some Expectants and students, attenders of families, for performance of religious duties by their private or publick opposing Publick Resolutions: For removing whereof, they do extend the Act of the Assembly 1640, Sess. 10, against expectants, refusing to subscribe the Covenant and the censure therein specified, against all expectants, students in Divinity, and attenders upon families for religious duties, that shal not acknowledge the General Assemblies of this Kirk, and this present General Assembly, and that shal not acquiesce to the Acts and Constitutions thereof; and do ordain them to be removed from Bursaries, and to be discharged from publick preaching and catechising in Congregations and families, and from all other privileges and liberties allowed to expectants; appointing Presbyteries and Provincials to proceed against them accordingly.

* * * * *

1651.

_Excerpts from The Waters of Sihor, or the Lands Defectione; By James Guthrie._[448]

[Page 66.]

The Comissione of the Generall Assemblie, in their answer to the Letter of the Presbytrie of Stirline, from Pearth, Jan. 6, 1651, plead—“That it is not only lawful but a necessar duety, to raise these men in airms, pag. 7; That they must be called and allowed to rise in airms for their own defence, and for the defence of the country, pag. 11; That we may warrantablie associate with them, pag. 11, 12; That it is not against the solemne ingadgment to deuties; that being but a humane law and Resolutione, which must yeeld to this case that is warranted by the law of nature, pag. 13, 14; That it gives no incouradgment to sectaries, pag. 16, 17; That there is no cause to be affrayed of God’s indignatione upon the account of imploying such, p. 17; That, what ever be the event, there will be more peace and comfort to us by making use of such means, than any furder calamity should come upon the land, they not being made use of, p. 18; That it were a tempting of God and transgressing against warrantable Christian prudence, not to make use of them in the case wherein we then stood, p. 6; That the danger of making use of such is not certain and inevitable: That it is not so apparent and great, page 18; That yᵉ scandall is not given but taken, p. 16.” The same things are repeated in the Solemne Warning to all the Members of this Kirk. Pearth, Jan. 11, 1651.

That these things doe inferr and contradict the things cited before these resolutions, I think, is manifest and obvious:—what the one makes sin the other makes duety. And then the writer goes on to contrast the documents and point out their inconsistency.—[Page 75.]

The Comissione, in their warning at Pearth, Jann. 7, 1651, and in their Remonstrance at Pearth, Jann. 25, 1651, doe clearly insimulate them of complying with the adversaries. In the 4 pag. of the Warning, they give this advertishment: “We exhort, and, as the servants and messengers of Jesus Christ, doe, in his name, charge the Kirk and people of God in this kingdome, to avoid all sorts of complying with the enemy, whither by speaking favourablie of them and their wayes, or speaking disrespectively of the publick just and necessary Resolutions and proceedings of Kirk and State, for opposing their wicked design.”

Now these Resolutions are the same in questione, against which sundrie Presbytries had then begun to give testimony; and, in the 8 pag. of their Remonstrance, they give this advertishment to the King and Comitee of Estates:—“Yee would carefully take head that scrouple of conscience be not, by some, pretended unto unwillingnes of acting, for preservatione of the indangered cause and sinking kingdome, and taken on as a mask to cover the designe of underhand advancing the intrest of the Sectarian Army.”

In a Letter writen from Pearth, Jan. 16, 1651, they give this order concerning such:—“We doe hereby require and exhort you to take notice of them, of whatsoever place or statione, who doe obstruct, speak against, dissuade, privatly or publickly, from the present levy, or who, having a calling to speake for it, are silent therein, and to make report thereof at the nixt meeting of our Commissione at St Andrews, Jan. 21.”

Upon the 20 of March 1651, they did emitte a Warning at Pearth, to the Ministers and professors, of this kirk, in qᶜʰ they not only characteriz the opposers of these Resolutions as Malignants, by applying unto them the characters that were formerly given by this Kirk, whereby to know Malignants, but also (beside insinuations made to the Civill Magistrate, concerning civill censures to be inflicted upon them, as appears from the 2 and 5 pages of their Warning,) they doe inhibit all speaking, preaching, writing against these Resolutions, and stirr up Presbytries to censure all such in their bounds as so doe, and that by vertue of former Acts of Assemblies against Malignants, for clearing of which I shall set down a pairt of this warning:—

“Let faithful1 ministers, as messengers of the Lord, stir up others, both publickly, by free preaching, and privately, by admonishing every one of his duety, as there shall be occasione, considering that silence in the publick cause, especially in publick persons not labouring to cure the dissaffectione of people, not urging them to constance and patience in bearing of publick burdens, nor too forwardness in the publick cause, that, speaking ambigously, inclining to justify the wicked cause, uttering words which savor of dissaffectione, complaining of the times, in such a way as may steall the hearts of people from liking good instruments in this work, and, consequently, from Gods cause; yea, that some read publick orders, and speaks against them in private conference, are reckoned up among the corruptions and enormities of ministers in their callings by the Gen: Assem: 1646, Sess: 10; and because the Commissione of the Gen: Assemb: in their Remonst: to the Comitee of Estates, July 6, 1643, teaching all true patriots and professors of religione, that they may learn to discern and know the Enemies of the Kirk, among other marks of Malignants, give this, their offering to Presbytries, in all the quarters of the land, peapers contrair to the Declaration of the Comissioners of the Gen: Assem: The Gen: Assem: 1645, in their seasonable Warning, 12 Feber: gave these characters of secret malignants and dis-covenanters, their slighting and censuring of the publick Resolutiones of this Kirk and State; their labouring to raise jealousees and divisiones to retard the executione of what is ordained by the publick judicatories; their slandering these whom God hes used as his chief instruments in his work; their drawing of factiones for weakning of the common unione; their endeavours, solicitationes, and informations, tending to weaken the hearts and hands of others, and to make them withhold their assistance from this work, enjoyning such to be weel marked, timeously discovered, and cairfully avoided, least they infuse their counsels in the minds of others; wherein they require ministers to be faithfull, and Presbytries to be vigilant and impartiall, as they will answer the contrair to God and to the Gen: Assemb: or their Comissioners. The Gen: Assemb: 1646, Sess: 10, ordains, that, besid all other scandals, silence, and ambigous speaking in the publick, much more detracting and disaffected speeches be censured seasonablie. The Gen: Assemb: 1647, Sess: 27, doeth, in the name of God, inhibite the spreading and dispersing of erroneous books or peapers, pamphlets, lybells, and letters, requiring all ministers to warn their flocks against such books in generall, and particular against such as are most plausible, insinuating, and dangerous; and ordains Presbytries and Synods to try and process such as shall transgress, recomending to Civill Magistrate, that they may be pleased to be assisting to ministers and Presbytries in the executione of this Act, and to concurr with their authority to that effect. Therefore, for executione of the foresaid Acts of the Assem: and preventing the eminent danger of Religione, the people of God, and the kingdome, by practices leading to encourage the hearts and strengthen the hands of enemies in prosecuting their wicked purposes, to make faint the hearts and enfeeble the hands of Gods people, and to seduce their minds with divisive and separating counsels and principles, according to the power and trust committed to us, and according to the practise of former Comissiones of the Gen: Assemb: we doe, in the name of God, inhibite and discharge all ministers to preach, and all ministers and professors to detract, speake, or write against the late publick Resolutiones and peapers of the Comissione of the Gen: Assem: in order to the calling furth of the people for necessary defence of the cause and kingdome against the unjust invasione of these enemies to the cause of God and to yᵉ goverment of this Kirk and kingdome, or to spread letters or any other peapers against the same, or in any other way to obstruct the service tending to the preservatione and defence of religione, King, and kingdome: Requiring ministers to warne their flocks of these peapers in generall, and particularly such as are most plausible, insinuating, and dangerous. And we doe seriously recomend to Presbytries, that, with all vigillancy, they take speciall notice and tryall of such persons within their bounds, whither such as have their statione there, or such as, in the troublesome time, have their present residence, ministers or others, and impartially proceed against them, as they will be ansurable.”

At the same time they did write a particular order to Presbytries for censuring of such, of qᶜʰ I shall here set down the true copy:—

“Reverend and weel beloved brethren: Finding that, notwithstanding of our faithfull Warning and great pains taken to satisfie all men, to concurr, in their places, for furthering of the leavys for defence of Religione, King, and Kingdoms, and all other our dearest intrests, many are so farr from concurring, that they doe very vehemently goe about, by preaching, writing, and perswadding to the contrairy to obstruct the work; we doe, therefore, require that you carefully inquire, in your presbytries, what ministers doe preach or otherwise persuade contrary to our present publick and published Resolutions, and that yee proceed to censure such as are of your own number; and if any ministers that travel amongst you transgress in that kind, let them not be permitted to preach in your bounds.”

By these traveling ministers are meant some of the gracious ministers of Ireland, who were driven from their stations and forced to retire to this land, and some other faithfull ministers among ourselves, who were also necessitated to retire from their charges at that time, and were preaching to vaccant congregations, some in the West and some in Fyfe.

Upon the ______ of May 1651, they made ane Act, qᶜʰ they sent with a Letter to Presbytries, appointing such ministers, as did oppose yᵉ Publick Resolutions, to be cited to the nixt Gen: Assemb: at St Andrews. [Note by Wodrow.—“The copy qʳof I shall set doun but it’s blank in yᵉ autograph.”]