Chapter LXXXIII: Appendix (7)

These Warnings, and Letters, and Acts, though stumbled at by many, yet were received and intertained by such Synods and Presbytries, as were of the Commission’s judgment, with respect and affectione: and, by order from them, the Warnings were read publickly in the Kirks, and yᵉ Acts were put upon record in their registers, and dilligence was used thereupon, unto the censuring of some, and threatning of sundry wᵗ censures, and citing of many to the Gen: Assemb:

The pretended Assem: at Dundee, treading the same paths after the ratificatione of all these proceedings, did proceed unto the censuring of some of these who protested against their meeting and the ratifying of these Resolutions, and emitted a publick declaratione and made publick acts against all of their judgment and way in these particulars. The Declaration is a litle book by itself, fraughted all alongst with hard representations against such, that the reader may judge _ex unque Leonem_. I shall only set down the preface yᵗ is therein used to usher in that purpose:—

“But, would to God we had this evill only within ourselves to fight with as in former times, and that Satan, having turned himself into ane angel of light, had not so farr abused the zeal and wit of some, and simplicity of others, as to open the gape of such a rent, qᶜʰ, of all other tryalls, is like to have the saddest consequences, if God prevent it not, concerning which we are necessitate to say, whatsoever have been the intentions of these who have been instrumentall in making of this rent from publick counsels and actings; yet the work itself, and the spirit that hath stirred in it, hath been and yet is most effectuall for carrying one of the enemies designe.” The Acts which they made for censuring of their opposers were these qᶜʰ follow:—[449]

[Page 80.]

What these Acts include and how far they reach, is shown in a treatise of observations upon them already printed. It is, in a word, all the Ministers, Elders, Expectants in the Church of Scotland, who doe not acknowledge that Assemb: or oppose the Resolutions thereof, or doe not acquiesce to the Acts and Constitutione thereof, are to be laid aside, discharged, silenced, suspended, or deposed; yea, all the Ministers, Elders, Expectants, or Professors in the Church of Scotl: who doe not acknowledge that Assemb: or who doe oppose yᵉ Resolutions thereof, or doe not acquiesce to the Acts and Constitutions thereof, are made lyable to excomunicatione, if, after conference, they doe not receive satisfactione.

As if it had not been enough to deal thus with them at home, yᵉ Commissioners of this pretended Assem: in their informatione to their Brethren in Ingland, from their meeting at Forfar, August 12, 1651, doe represent them thus:—

“Yet in these last and perrilous times, wherein the Spirit of Error is wise to palliate his lyes with the pretence of piety, there are among ourselves a few unsatisfied, of whom some have been held in high esteem, before this time for their works sake, and with whom we have dealt with all tendernes, in the spirit of meeknes, for their reclaiming; who, to the great advantage of the common adversary, and to the weakning the hands that were at the work, have opposed these just and necessary Resolutions, and actively obstructed the use of the lawfull and only likely means left of oppositione to the prevailing enemy, seting on foot a State separatione, which necessarly tends to a Kirk separatione; wee need not warn you, dear brethren, who are acquainted with the policies and practises of these, that, among yourselves, under the specious name of the Godly Pairty, have carried on a devilish design of undoing Kirk and State, and setting up a boundles toleration and arbitrary Goverment, to beware of misinformatione from such men to take impressione upon you. Their actiones at home, to sail every wind, and to roll every stone for their own advantage and prejudice of yᵉ publick, induceth us to beleive that they have not been idle towards you, but active by their emissaries and peapers, to abuse you with misreports, and to preposses you with prejudices aganist our proceedings; but we are confident that yee who have had so great proof of the faithfullnes of the Judicatories of this Kirk in guarding warrily against enemies one both hands, as weel Malignants as Sectaries, have not suffered yourselves to beleive evill of your brethren; and we doe earnestly beseach you to beware, that the trust qᶜʰ any have had from us. and the estimatione they had among you while they were about the discharge of that trust, be not inductive of your being now deceived by them whose principles and practises, whatever their intentions be, tend to the giving up of you and us unto the power of the avowed enemies of Christ’s Kingdome.”

1651.

_Excerpts from Balfour’s Annales of Scotland._

12 Jarij: Sunday. This day Leiuetenant Generall Midiltone was relaxed from his excommunicatione, and did his penance in sackclothe in Dundie churche; and Collonell Archbald Straquhan was excommunicat and deliuered to the Deiuell, in the churche of Perth, by Mr Alexander Rollocke, the same day.

One Tursday, the 20 of Febrij, 1651, his Maiestie and Comittee of Estaits, by ther acte, ordaind Mr James Guthrie, minister at Stirling, and his coleauge, Bennett, quho had excussed ther not compirance the day befor, being wrettin for to come to Perthe, and ther to remaine confynned from returning to Stirling, wntill his Maiesties returne thither from the northe; his Maiestie being no souner gone upone Fryday, bot they come to Perth and dealls with the Comittee ther, that they may returne back againe to Stirling. To gratifie them, the Chanceler calls a committee of his auen stampe one Saterday, thinking to carrey by woyces, since, as he thought, maney of the barrons and burrowes, committe men, wer gone offe the toune. Bot they being adwertissed of the bussines, and considering the importance of the same, most of them stayed. After muche debait, wither or no thesse tuo ministers should stay in Perthe, conforme to the former acte, wntill his Maiesties returne backe, ore goe back to Stirling? The Earle of Cassiles said, quhat if his Maᵗⁱᵉ did neuer returne, was it ressone that they should stay from ther charge? Maney honest men of the committee wer offendit with this expressione of Cassiles, and the Chancelers too forwardnes; bot at last it went to a wotte, and was carried, that conforme to the former ordinance, Mr Guthrie and Bennett should stay confynned in Perth, and not goe backe to Stirling wntill his Maiesties returne from the northe. Guthrie, a pryme enimey to monarchie, a cheiffe plotter of all the westerne remonstrance, diuisione and mischeiffe, and a maine preacher for the sectaries.

_Mr James Gnthrie and Mr Dauid Bennett, ministers at Stirling, ther
Protestatione, giuen in to the Committee of Estaits, at Perth, 22
Februarij, 1651._

Quheras the Kinges Maiestie and your Lordschips haue beine pleased, wpon a narratiue relating to our doctrine and ministeriall dewties, to desyre and requyre ws to repaire to this place, aganist the 19 day of this instant; that after heiring of ourselues, suche coursse may be takin as shall be found most necessarey for the safety of that place quherin wee serue in the ministrie: Therfor conceauing the judicatories of the churche to be the onlie proper judges of our doctrine and our cariages in thosse thinges that concerns our ministeriall calling; and wee doe for the respecte wee [haue] to his Maiestie and your (Lo:) authority, compeir at this tyme, being desyrous to heir quhat is to be said wnto ws, and redey to anssuer therwnto; so wee humblie protest, that our compirance is with preseruatione of the liberties and praeuilidges of the Churche of Scotland, and of the ministers and seruants of Jesus Christ, in thesse thinges that doe relait to ther doctrine and the dewties of their ministeriall function. And that tho wee be most willing to rander ane ressone of our wretting to the Commissione of the Generall Assemblie, a letter, containing the groundes of our stumbling at the present resolutions of this kirke and stait, in order to a leuie, and of our preaching aganist thesse resolutions, as involuing ane coniunctione with the malignant partie in the land, wiche wee hold to be contrair to the word of God, to the leauge and couenant, to our soleme ingagements, and to the constant tenor of the declarations, remonstrances, warninges, causses of humiliation, and vther resolutions of the kirke thosse zeires past; and to be destructiue to the couenant and caus of God, and scandalous and offensiue to the godlie, and a heighe prowoking the eiyes of [the] Lords glorie. And of our protestinng aganist ane appeallinge from the desyre and chairge of the Commissione of the Generall Assembly in this particular, and in our persisting in preaching the same doctrine. Zet that our compeiring befor the Kinges Maietie and your (Lo:) doeth not import ane acknowledgment in ws, that his Maiestie and your (Lo:) are the proper iudges of thosse thinges; and this protestatione wee make, not for aney disrespectes to the Kinges Maiestie and your (Lo:) authoritie, not to declyne or disobey the same in aney thing ciuil, bot from the tender regaird wich wee haue to the libertie and præuilidges of the church of Jesus Christ, wiche his Maiestie and your (Lo:) and wee are in a soleme way bound to manteine inwiolable. Wee acknouledge that the Kings Maiestie and your (Lo:) are the laufull authoritey of the land, to quhome wee shall be most willinge and redey to giue obedience in all wich wee shall be commandit, according to the will of God; or if in aney thinges your commands shall fall out to be contraire to that reule, wee shall patiently, in the Lords strenthe, submitt ourselue to aney ciuill censure that ze shall thinke fitt to inflicte vpone ws.

_Sic subscribitur_,

Mr JAMES GUTHRIE,
Mr DAUID BENNETT.

[13 March.]—The appeall giuen into the Com: of the Generall Assembley be Mr James Guthrie and Mr Dauid Bennett, with ane letter from the Committee of Estaits to the said Mr James and Dauid, of the 14 of Februarij, with ane other letter lykwayes to them of the 19 of Februarij; togither with the said Mr James and Dauid, ther tuo anssuers and protestations therto, bothe of the 22 of Febrij: in seuerall papers, read in parliament, and giuen vpe to Mr Thomas Hendersone.

Monday, 17 Martij. 4 dies parliam: Rege presente.—Remittes to the Committee for the Conference to conferre with the Commissioners of the Generall Assembley, anent the othe to be takin by all the officers of the armey.

Wedinsday, 19 Martij. 6 dies parlia: Rege presente.—Petitione from the Com: of the Generall Assembley to the King and estaits of parliament, read.

The Kings Maiestie and parliament, after weinng of the quere after speit, viz. wither or not it be sinfull and vnlawfull, for the more effectuall prosecutione of the publick resolutions for the defens of the causse, King and kingdome, to admitt such persons to be members of the Comittee of Estaits, quho are nou debarred from publick trust; they being suche as haue satisfied the kirke for the offences for wiche they were excludit, and are since admitted to enter in couenant with ws? This quere ordred to be sent to the Commissioners of the Generall Assembley, wiche accordingly was done by the Earle of Eglintone.

Perth, 20 March, 1651.

_A shorte Exhortation and Varning to the Ministers and Professors of
this Kirk, from the Commissions of the Generall Assembley._

The eminent danger of religion, Kinge and kingdome, by the vniust invasione of the blasphemous sectariean armey, the sade conditione of our countreymen in the southe pairts of the kingdome, groning wnder the griuous oppression of strangers, deuoringe ther substance and enslauing ther persons; the sade silence in maney congregations, quhosse teachers are driuin into corners by the violence of the enimies, contemners of Gods ordinances, and mockers of his messingers; the adwersaries roring and making a strange noisse in the midest of some congregations; the ineuitable hazard of our deir brethreen to be seduced into pernitious heresies and errors, by the decetfull practisses and speaches of sectaries, that ar coming to deceaue and speake lies in hypocrasie; the innocent blood of our brethreen, murthered by the suord of a merceyles enimey; the sighing of the prissoners, inhumanlie and creuelly wssed by thosse quho keepe them prissoners; the caire of preseruing our posteritie from being sunke wnder the darke dungeon of error, and fast bound with the heauey chaines of bassest slauerey, do cray so loud in the eares of all quho haue eares to heire, and a heart to wnderstand, to be awake and quickned wnto the necessarie deutie of the tyme; that it is ane wounder that aney Ionah should be found fast asleep in so grate a storme, wherin this kirk and kingdome are lyke to be ouerquhelmed: zet the constancie of our deutie, accordinge to the trust committed to ws, and the carriage of some, quho, opprest with a lethargie, lye still, or seassed vpone by a benuming coldnes, moue slowlie; or caried aboute with the vind of strange doctrine, as children are tossed to and fro, and moue contrairlie; constraine ws to lift vpe our voyces, and from the watch touer quherone wee are sett, to giue varning to the professors and ministers of the gospell througheout the land, and to waken them vpe to ther deutey, as they wold awoyd the displeasure of the Almightie, and escape the deserued punishments and censures, wich may be inflicted by judicatories, ciuile and eeclesiasticke, respectiue, vpone deficiences in, and delinquents aganist deutie, according to the degree of ther offence. We exhorte all men vnto repentance, to returne from the eiuell of ther thoughtes and wayes, and to mourne after the Lord; coming to him through the Mediator of the new testament, by quhom wee haue ane attoinment through faith in his blood. It is more then heighe tyme for all to be humbled wnder the mightie hand of God, quho hath cast ws doune, and is able to raisse ws vpe againe, quho hath woundit, and is able to bind vpe our wounds. To this effecte, wee haue appoynted a soleme day of fast and humiliatione, for the causses sent to the seuerall presbeteries.

It is the deutie of the members of this kirke, and subiectes of this kingdome, at this tyme, most cheirfully, wnanimously, and spedily to come out, and concurre in the comon defence of religion, King and kingdome; endangered by the wniust invasion of forraners, according to call and command of authoritie. Let it be seriously layed to harte, how muche blood is spilt; how maney tounes and shyres are spoyled; how miserablie our brethreen are distressed and oppressed; how muche the comon enimey is strenthned, quhill you be only preparing for releiffe; quhatsoeuer is done to the least of them for this causse, is to be takin as done to ws all in generall, and eurey one of ws in particular, according to the expresse word of the nationall couenant; and in pleine tearmes, wee are oblidged by the soleme leauge and couenant, to assist (wich necessarly imports concurrence) and defend all that enter the leauge and couenant, in the manteining therof. Wee obtest and exhorte you, for the intrest wee haue in the comone adwenture of thesse riche goodis, our liues, our liberties, our King, our religion, wich are all embarked in one bottome, that ze abandon not the schipe of the comonwelthe in this tempest; for if the schipe perishe, quhat can be saiffe that is within. If you tender true religion, you see how the sectaries shew themselues plaine enimies therto, and manteine that impious monster of tolleration, thoughe religion wer not the question. Let loyalty to your King, the onlie King in the world quho is in a religious couenant with God and his people, animat you aganist thesse quho are his enimies, becausse he is a King, and becaus couenanted. Cast not offe the caire you ought to haue of your countrie, wich you see manifestly and violently ruined befor your eyes. If thesse will not moue you, (wee speike the language of our worthey reformers, in the lyke caisse of invasione by forraners) remember your wyffes, children and posteritie, your antient heritages and housses; and be sure thesse strangers will not regaird your rights, quheneuer occasione shall serue. And if ye purpois (as wee doutt not bot all thesse quho haue ather witt or manhood will declare, and proue indeid) to brooke your ancient roomes and heritages, defendit valiantly by your courageous progenitors aganist all strangers, inwaders of the same, (suche as the sectaries are this day); if you will not be slaues to them, and haue your lyues, your wyffes, your children, your substance, and quhatsomeuer is deare wnto you cast at ther feette, to be wssed and abussed at the pleasure of strange shouldiers; if ze will not haue experience some day in your auen persons, (as wee suppose the least of you wold not gladlie haue, but wold rather chusse with honor to die in defence of his auen natiue roume, then liue and serue so shamefull a seruitude); then, brethreen, ioyne with the forces of the kingdome, and both with witt and manhood opposse the comon enimey, or els our libertie shall be heirafter deirer bought. Lett non be so vnhappie and mischiwous, and so withdraw himselue heirfrom.

Except men will blot out of ther heartes the loue of religion, cast offe loyalty to soueraine authority; and lay assyde all caire of ther countrey, lawes, liberties and estaits, zea, all naturall affection to the preseruatione of quhatsomeuer is deirest to them wnder the sune, (all being in a visible danger of ruine and destruction) they must now or neuer appeire actiuely, eache one streaching himselue to the wttermost of his power. It is no tyme now to delay nor goe about the bussines by halffes, nor be almost but altogider zealous. The Scripture prononceth him accursed, that doeth the work of the Lord negligently, that cometh not forth to the helpe of the Lord aganist the mightie. If wee haue beine forward to assist our nighbour kingdomes, shall wee neglecte to defend our owen? or shall the enimey of God be more actiue aganist his causse, then his couenanted people for it; God forbid! If the worke shall now miscarey and faill in our handes, throughe our wnfaithfullnes, our auen consciences shall condeme ws, and posterity shall cursse us. Who knowes, bot if wee stand stoutly and steadfastly to it, the Lord may zet command our deliuerance, and shew ws his saluation.

Lett all sortes, both of heighe and low degree, in this kingdome, call to mynde ther soleme couenants; and namlie, that artickell of our national couenant, wich oblidgethe ws not to stay or hinder aney such resolution as by comon consent shall be found to conduce for the endes of the couenant, bot by all meins to further and promoue the same; wich layeth as a bond vpone peoples consciences, reddely to obey suche orders as by the publicke resolutione of the parliament, and Commissione of the Generall Assembley, are found necessarey for the prosecutione of the warr; and that artickell of the soleme leauge and couenant, wich oblidgethe ws not to suffer ourselues, directly nor indirectly, by quhatsomeuer combination, persuasione, or terror, to be dewydit and withdrawin from this blissed wnion and coniunction, or to make defectione to the contrarey pairt, or to giue ourselues ouer to a detestable neutrality in the causse; according to wich artickell, mens reality and integrity in the couenant will be manifest and demonstrable, als weill by ther omissions as commissions: by ther not doing good, as by ther doing euill. He that is not with ws, is aganist ws, and he that gathreth not with ws, scattereth. Since euerey mans not adwenturing his persone, not sending out thesse that are wnder his power, according to publicke order and appoyntment, and not paying the contribution imposed for mantinence of the armey, haue beine formely esteimed a ground of judgeing men enimies, malignants, and couenant breakers, wee vishe it may be the caire of all to shune the wayes that may bring them wnder thesse foull charecters, and quherby they may rune themselues wnder the hazard of the displeasure of God, and censures of the kirke, and no doubt of ciuil punishment also to be inflicted by the stait.

Lett ministers, an the messingers of the Lord, sture vpe others, both publickly, by free and faithfull preaching, and priuatly, by admonishing eurey one of his deutey, as ther shall be occasione, considringe, that silence in the publicke causse, especially in publicke fastis not laboring to cure the dissaffectione of people; not vrging them to constancie and patience in bearing of publick burdens, nor to forwardnes in the publicke causse; that speaking ambigouslie, inclyning to justifie the wicked causse, wtring wordes wiche sauor of disaffection, complaining of the tymes in suche a way as may steall the heartis of people from being good instruments in this worke, and consequently from Gods causse; that some reiding publicke orders, and speckes aganist them in priuat conferences, are reckoned vpe amongest the enormities and corruptiones of ministers in ther callings. By the Generall Assembley, 1646, sess: 4.

And becausse the Commissione of the Generall Assembley, in ther remonstrance to the Conuention of Estaites, 6 Julij, 1643, teaching all trew patriotts and professors of the reformed religion, that they may learne to know and descerne the enimies of the kirke, amongest other markes of malignancey giue this ther offring to presbeteries, in all the quarters of the kingdome, papers contrarey to the declarations of the Commissioners of the Generall Assembley. The Generall Assembley, 1645, in ther seasonable warning, 12 Februarij, gaue thesse characters of secrett malignants and discouenanters, ther slighting or censuring of the publicke resolutions of this kirke and stait; ther laboring to raisse jelosies, diuisions, to retarde or hinder the executione of quhat is ordained by the publicke judicatories; ther censuring and slighting of thesse quhom God hath wsed as his cheiffe instruments in this worke; ther drawing of parties and factions for weakning of the comon vnion; ther endeworing informations and sollicitations, tending to weakin the hartis and handes off others, and to make them withold ther assistance from this worke; enioyning such to be weill marked, tymly discovered, and cairfully awoyed, lest they infusse ther counsells into the mynds of others, quherin they requyre ministers to be faithfull, and presbeteries to be vigilant and impartiall, as they will anssuer the contrarey to God, and to the Generall Assembly, or ther Commissioners. The Generall Assembley, 1646, sessio 10, ordaines, that besydes all vther scandels, silence and ambiguous speaking in the publicke, muche more detracting and disaffected speiche, be seasonablie censured. The Generall Assembley 1647, sessio 27, doeth, in the name of God, inhibit the spreding and dispersing of erronious books or papers, pamphletts, lybills and letters, requyring all ministers to warne ther flockes aganist suche bookes in generall and particular; and particularly aganist suche as are most plausable, insinuatting and dangerous; and ordaines presbeteries and synodes to tray and processe suche as shall trangresse; recommending to ciuile magistrats, that they may be pleassed to be assisting to ministers and presbeteries in the execution of this acte, and to concurre with ther authority for that effecte.

Therfor, for execution of the forsaids actes of Assembley, and preuining the emminent danger of religion, the people of God, and the kingdome, by practisses leading to encourage the heartis and strenthen the handes of enimies, in prosecutting ther wicked practisses and purposes, to make fant the heartis and enfeeble the handes of Gods people, and to seduce ther myndis with diuisiue and seperating counsells and principalls, according to the power and trust committed to ws, and according to the practisses of former Commissions of the Generall Assembley: Wee doe, in the name of God, inhibit and discharge all ministers to preache, and all ministers and professors to detracte, speike or wreatt aganist the lait publicke resolutions and papers of the Commissione of the Generall Assembley, in order to the calling furth of the people for the necessarey defence of the causse and the kingdome aganist the uniust invasione of thosse enimies to the kingdome of God, and to the gouernment of this kirke and kingdome; ore to spred and disperse letters, informations, or aney other papers aganist the same; or in aney other way to obstructe that seruice, tending to the preseruation and defence of religione, King and kingdome: requyring ministers to warne ther flockes of thesse papers in generall, and particularly suche as are most plaussible, insinuating and dangerous; and wee doe seriously recommend to presbeteries, that with all vigilancey, they take special notice and trayell of such persons within ther bounds, wither suche as haue ther station ther, or suche as, in this troublesome tyme, haue ther present residence, ministers ore others, and impartially proceid aganist them, as they will be anssuerable; and to report ane accompt of ther diligence herin to this commissione, from tyme to tyme.

Thoughe our difficulties be maney and growing, zet quhen wee looke backe vpone the grate thinges wich God hath done for ws and for our predecessors, and our manifold deliuerances out of seuerall dangers and difficulties wich appeired insuperable, experience breides hope. Our fathers trusted in God; they trusted in him, and he did deliuer them; they crayed wnto him, and wer deliuered; they trusted in him, and wer not confounded. Let ws wait vpon him, quho hydeth himselue from the housse of Iacob; let ws cray wnto the Lord of Hostis, quho hathe deliuered ws, and doeth deliuer ws; and in him lett ws trust that he will zet deliuer ws; though for a small moment he hath forsaken ws, zet with grate mercies he will gather ws. He quho hath shewed ws grate and sore troubles, shall quicken ws againe, and shall bring ws upe again from the deipthes of the earthe; he shall encrease our strenthe, and comfort ws on eurey syde, aganist our feares one eaurey syde; onlie be stronge, be of good courage, be of one mynde, and according to the worke of the Lord, and the God of love and peace shall be with you.

_Sic subscribitur_,
W. KER.

[20 Martij.]—Ordred that it be putt one the Commissione of the Generall Assembley, that Stirling receaue no præiudice by Guthrie and Bennitt, ther preaching, or ther being ther.

[21 Martij.]—Ordred that a barrone and a burgesse goe with the Earle of Eglinton to the Commissione of the Kirke, and enquyre for ther anssuer to the quere proposed by the parl: to them.

[22 Martij.]—The Com: of Generall Assemblies anssuer to the parliaments quere, reed; being a delay of a full anssuer to the said quere, wntill ther be a more frequent meitting of the said commission; zet in ther paper, they desyre the King and parl: to admitt vpone ther counsells, all bot some few as haue beine pryme actors aganist the stait, &c.

Saterday, 29 Martij. 14 dies parl: Rege presente.—Ordred that my Lord Chanceler and my Lord Balcarras draw vpe a letter to be sent to the Commission of the Generall Assembley, that they wold haist ther meitting for remouing that obstikelle and scruple of taking in all remoued by the acts of classis; and that ther may be a generall vnity in the kingdome.

* * * * *

_The anssuer of the Commission of the Generall Assembley to the paper
sent to them for the King and parliament, concerning Mr James Guthrie
and Mr Dauid Bennett._

Perth, 18 Martij, 1651.

The Commissione of the Generall Assembley hauing receaued first from Mr James Guthrie and Mr Dauid Bennett, ministers at Stirling, and afterward from the Kings Maiestie and parliament, tuo protestations made by thesse brethren aganist the proceidinges of his Maiestie and the Committee of Estaits with them, in relatione to the securing of Stirling from aney danger wiche might ensew therinto, by the doctrine and carriage of the said brethren, contrair to the present publicke resolutions, in relation to acting for defence of the kingdome and causse against the publicke enimey; and being desyred by his Maiestie and parliament to giue ther adwisse and oppinione, wither the Committee of Estaits, in ther proceiding with ther brethren, hes done aney thing preiudiciall to the preuiledges and liberties of the kirke; to vindicat the publick resolutions of kirke and stait, in order to acting aganist the enemie, from the imputatione layed therone in the forsaid pretestations; to giue ther oppinione, wither the Committee of Estaits hes wronged ther brethren, contrair to the law of nature, the law of God, and the lawes of the land, by ordring them to remaine at Perth or Dundie, wntill his Maiesties returne from Aberdeine; that in a more full meitting of the committee it might be determined quhat should be done further with them, in relatione to the saftie of Stirling; and finally, to giue ther adwice quhat now shall be done further to the presenters of the forsaid protestations, for the securing of the garisons of Stirlinge. Therfor the commission, hauing takin to ther consideratione the forsaid protestations, and being informed of the proceidinges of the committee with the presenters therof, haue thought fitt, in obedience to the desyre of the King and parliament, and for the discharge of the trust comitted to them, to giue this declaratione and anssuers followeth:—

1. That they find it a thing lawfull for ministers, citted and compeiring befor the ciuile magistrate, vpone matters relatinge to ther doctrine and carriage in ther ministeriall dewties, to protest, that ther compirance be with preseruation, and without all preiudice of the liberties and preuelidges of the kirke and of the ministers of Christ, in thesse thinges that relate to the doctrine and deuties of ther ministeriall function; and that the forsaid brethren compiring, vpone matters of that kind, befor the committee, had no wayes faylled in doing so, had they contented themselues with a simple protestation to this purposse.

2. That they doe not find that the Kinges Maᵗⁱᵉ and Committee of Estaits, in requyring the forsaid brethren to compeir befor them, or the Committee of Estaits, in ordaining them to stay at Perth or Dundie, wntill a fuller meitting of the committee, haue not trenched or incroched vpone the liberties or preuilidges of the kirke, or wronged the same in aney wayes; for, first, quheras, in the first protestatione, made vpone the King and committees requyring the brethren to compeir, and ther compirance, the ground of the protestation is layed doune to be, that they wer citted vpone a naratiue relating to ther doctrine and ministeriall dewties, and that the judicatories of the kirke are the only and competent judges of thesse thinges. These is so far from evidencing aney incrochment made by the King and committee vpon the preuilidges of the kirke, that one the contrarey, as thus layed doune, without aney qualificatione, it importeth a grate wronging of the iust right of the ciuill magistrat, as if it wer not proper to him in aney caisse to judge of thesse matters, which is contrair to the doctrine of the quhole Reformed Kirke in generall, and particularlie of this Kirke of Scotland; to witt, that the ciuill magistrat hes power and authoritie, and is oblidged, in his ciuill and coerciue way, to censure and punishe idolatrie, schisme, vnsound doctrine, ministers neglecte or perwersues in doing ther ministeriall deuties and functions: and if he may and ought to censure and punishe thesse thinges, may he not citte ministers to compeir befor him, vpone ane naratiue relating to thinges of that kynd, without encrotching or wronging the liberties and preuelidges of the kirke?

The Generall Assembley of this Kirke, in Aᵒ 1647, in ther approbatione of the 8 heades of the 3 propositions, (wich wer recommended to be examined by the theologicke faculties for a more particular approbatione of the assembley) holdeth furthe, that notwithstanding the ecclesiasticke gouerniment is intrusted and committed by Chryste to the Assemblies of the Kirke, &c. &c. zet the ciuill magistrat ought to suppresse, by corporall or ciuile punishment, suche, as by spreding errors or heresies, or by fomenting schisime, gratly dishoners God, dangerously hurte religion, and disturbe the peace of the kirke; and the same propositions proposed, holdethe furthe, that the orthodox kirkes beleiue, and doe willinglie acknouledge, that eurey lawfull magistrate, being appoynted the keper of bothe the tables of the law, may, and ought, cheifflie to take caire of Gods glorie, &c.; as lykwayes, to punnishe als weill atheists, blasphemers, heretickes, and schismaticks, as troublers of justice and ciuile peace; and propo: 63, the same sin, in the same man, may be punished one way by the ciuile magistrat, and ane vther way by the ecclesiasticke power; by the ciuile power, wnder the formalitie of a cryme, with corporall or pecuniall punishment; by the ecclesiasticke pouer, wnder the notion and nature of a scandall, with spiritual censure, euen as the same ciuill questione is one way handled by the magistrat in the senat, and ane other way by the ministrie in the presbeterie. See also the lait Confessione of Faith, in the head of the ciuile magistrat, and Didoclauius, in his Altare de primatu regio; and Mr Rutherfurd, in his dew right of presbeteries, is werey full and cleir; as page 287, A pouer external obiectiue about kirke matters, as to causse kirkmen doe ther dewtie, is proper to the magistrat; page 393, in his 3d conclusione, especially 394, The King is not only to punishe quhat is contrair to externall quietnesse, bot also quhat is contraire to supernaturall happinesse of the kirke; for he is to take vengance vpone blasphemers, idolators, profest vnbeleiuers, neglecte of religious administratione of sealls, and the eatting and drinking damnation at the Lords table; and page 397, The King, as a nursinge father, aught to see that the chyldes milke be good and quholsome, thoughe it come not out of his auen breist, so that it seimeth werey strange that the magistratts requyring thesse brethren to compeir vpone a narratiue relatinge to ther doctrine, &c.; and the alledgeance that the magistrat is no proper iudge in suche matters, should be made the ground of the protestation, as if the magistrat could in no wisse lawfully, as a judge, interposse himselue in matters of that kynd. If to all this the brethreen should say, that quhat they seike of being citted vpone a narratiue relatting to ther doctrine and ministeriall dewties, &c. and the King and committee as not being proper judges in thesse thinges, as the ground of ther protestatione, they meane it in a way antecedent to the kirkes judgeing. To this it is ansuered, that it is trew indeid that the magistrat ought not to judge ministers in the matters of ther doctrine and ministeriall dewties, by ane antecedent judgement; bot first, ther is not one sylable of this qualification wssed in all the first protestatione made vpone the citatione and compirance befor the committee. Secundo, the committee hes not proceided with them in a way antecedent to the kirke judicatorey, quich is the cheiffe thing to be obserued for cleering bothe the requisition and the committees ordinance for ther abyding in this toune or at Dundie from the imputatione of incrotching vpone the liberties and præuilidges of the Kirke; for quheras the Commission of the Generall Assembley hes not only giuen ther judgment in poynt of conscience concerning the coursse to be takin for acting aganist the publicke enimey oppressing the land by wniust violence, bot also finding that thesse brethreen wer preaching aganist that publicke resolutione, to the hindring and obstructing therof, and making a dangerous diuision in the kirke and kingdome; and being desyred by the last sessione of the parliament to take some coursse for preuenting the danger, by vssing diligence to satisfie the brethreen, and inducing them to concurre, at least not to hinder the publicke resolution. The commission had accordingly, at St Andrewes, takin paines for satisfing them; and not hauing obteined that, had judicially desyred the brethreen not to speike or doe aney thing to the hindering or obstructing acting according to the publick resolution; and quheras the brethreen had protested aganist that desyre of the commission, and appealled to the Generall Assembley; and the commission, according to the command of the parliament, had made knouen to the Committee of Estaits the quhole proceiding at St Andrewes: how can it be said that the committee hes takin aney antecedent judgement vpone them in this matter? or how can it be sayed that ther hes not preceidit ane antecedent judgement of the kirke, so far as is sufficient for the magistrat, in ane orderly way, to interposse his authority, that the brethreen may not, by ther preaching and doing contrair to the publicke resolution, make aney diuisione in the kirke and kingdome, or endanger the same, to the violence of the enimey? Tertio, lett it be considered, that the Kinges Maiestie being bound to follow, not only the judgement of the Generall Assembley in maters that concern religione, bot also of the commissione in the interwalls of the Assembleis; and now, quhill in prosecution of the aduice of the commissione, he and the estaits are follouing ane necessarie dewtie for preseruation of the kirke, kingdome, liberties, liues, and all that is deire wnto ws; and they find the commissions desyre to thosse brethreen aganist ther preaching, to the obstruction of the publicke bussines and resolutions, protested and appealled from, and a publicke profession made by the brethreen of ther purpois to continew still preaching, contrair to ther resolutions, to the slakining of the hands of the people of God in the land, and strenthining of the handes of the enimey; shall it be judged wnlawfull for the King and the estaits, or counted ane encrotching vpone the liberties and preuilidges of the kirke, to doe so much as requyre thosse brethreen to compeire befor them, or to ordaine them to abyde some tyme at distance from ther chairge, for restraining this euill, and preuenting so grate a danger as might ensew vpone it? Nay, certainlie wee cannot bot conceaue it rather ane adding of the magistrats auxiliatorie and cumulatiue power, for strenthning the kirke judicatorey. As to that, the brethreen sayes they haue not bein befor conveined befor aney ecclesiastick judicatorey, nor conwicted for breache of aney ecclesiastick acts; for the first, wee say, tho they wer not conveined by a summonds, a more tender respecte being hade towardes them, yet wer they delt with by a kirke judicatorey vpone the matter in hand.

And for the second, lett it be considered, if ther publicke acknouledgement of preaching against the publicke resolution of the commission, and protestation aganist the commissions desyre to absteine therfra, and professed resolutione to continew therin, to the dewyding of the people of God in this land, and obstructing the seruice for defence of the kingdome and causse, be not equivalent.

Tertio, The commission does find that the brethreen, in ther first protestation, renewed and owned againe, in the quhilke they make a profession of ther willingnes to render a resson for ther wretting to the commission, &c. a foull and most wniust aspertione to charge the commissione in going in a contrarietie to the word of God, to the soleme leauge and couenant, our wowes, engagements, declarations, fastinges, in a coursse destructiue to the couenant and causse of God, and prouoking of the eyes of the Lordes glorie.

2. The chairge is most wniust, for how shall it be made out that the resolutione of the commission involued a coniunctione with a malignant partey, wiche alledgeance is the fundatione of all the rest? Does not the resolutione of the commissione expressly except suche as continew obstinat enimies to the couenant and causse? that is, suche as continew in malignancey, or are aney quho haue beine one malignant coursses, admited to our knowledge, or with our approbatione, bot suche as giue satisfaction for ther offence; and how can or aught men, renuncing ther malignancey, satisfing for ther offence, giuing therby, according to the ordinances and reuells of the Generall Assembley, be still reput malignants? and how can a coniunction with them, after suche satisfactione, be counted a coniunction with malignants, or the malignant partie? Quhay should the Gen: Ass: prescriued reuells for receauing such as haue beine vpone malignant courses, if the purposse of the kirke was not to admitt them to repentance, and if to repentance, certainly to all the ordinances; and if to ordinances, quhat shadow of reason can ther be not to admitt them to fight for ther liues, religion, King and countrie? especially one of the particulars prescriued in receauing of them, be the renewing of the leauge and couenant, wich layeth vpon them to defend religion, &c. all persons that hes beine in a way of malignancey, will ather satisfie not. If they satisfie according to the acte of the Assembley, they must reneu the leauge and couenant, and be admitted to the ordinances; and so, by far grater resson, to fight in defence of the kingdome, &c. _If they satisfie not_, (as they will neuer be accounted to satisfie by the commissione, wnlesse they doe it according to the reuells of the assembley,) they are to be excommunicat, and so are excludid by the resolutione of the commission.

Tertio. This aspertione heire is cast vpone the commission vithout aney necessity; ther protestatione wold haue beine full and compleit aneuche, tho nothing of this had beine insert; for quheras the letter of the King and committee sent to the brethren, requyring them to compeire at Perth, makes relatione to ther wretting a letter to the commission contrair to the publicke resolution, and ther protesting against, and appealling from the commission at St Andrewes, (in order to wich relatione, the brethreen takes occasion to insert all this protestation,) that was not intendit as a matter they wer to be challenged vpone by the Committee of Estaits, bot only sett doune as a ground quhervpone the committee perceaued they wer resolued to continew in ther preaching aganist the publicke resolution; and that therfor the committee behoued to see to the securing of Stirling, from the danger wich might ensew vpone ther protestation; bot to cast ane aspertion vpone the commissione, in all papers that should flow from them, vpone the proceidinges of the kirke and estaits with them.

Quarto. That wee not being judges in ciuile matters, cannot determine wither the Committee of Estaits, in ther order of proceiding with the brethren, and ordaining them to abyde at Perth or Dundie, wntill a fuller meitting of the committee, hes wronged them in aney preuiledge dew to the subiects, by the law of nature ore the lawes of the land; and wee doubte not bot the Committee of Estaits will endeuore to cleire ther auen proceidinges.

Quinto. That nather is it competent to ws to giue ane adwysse quhat should be furder done by the King and committees in relation to ther forsaid brethreen, for securing of Stirling from the danger that may ensew vpone ther opposing the publicke resolutions; onlie wee expecte, and are confident, that his Maiestie and estaits, as they haue begune, so they will continew to deall with thesse brethreen with all tendernes, in sua far as may consist with the security of that place wherin they shall be, and preseruation of the causse and kingdome.

_Sic subscribitur_,
A. KER.

* * * * *

1 Maij.—The parliament that wes adiorned wntill the 17 of Apryle this zeire, wes adiorned againe wntill Wedinsday, the 21 of Maij.

In Apryle, this zeire, the Commiss: of the Generall Assembley mett at Falkland; they wrett letters to the Committees of Estait and for the Armey, that they wold now leaue the particulare intrests, and joyne cordially aganist the publicke enimey, and emitted a declaration for that purpois; and appoynted a meitting at Stirling, one Tuesday the 13 of Maij, to giue their oppinion anent the lawfulnes of the acte of classis, and if without sin it might be reschindit or not.

The 6 of Maij, ther was a grate meitting of the Committee of Estaits at Stirling, quherin the electing of the Earle of Calender to be Felte Marishall of the Armey, that had now ioyned himselue to the Campbells, wes waued and putt offe; and 2 Generall Maiors of Footte chosen, viz. Collonell Pitscottey, and Dalzell of Binns. At this meitting, lykwayes, it was ordained that the Committee of Estaits shoulde not medle with the adiorning of the parliament, wntill the 20th of Maij instant, at wich tyme ther was a frequent meitting of the said committee appoynted; and then the Commission of the Generall Assembley wold present ther oppinion anent the acte of classis....

Oliuer Cromwell, with his armey, being at this tyme in Glasgow, had a conference with 8 ministers, anent the lawfulnes of his engagement aganist this countrey and kingdome; he gaue them some papers, wich they anssuered ex tempore, and proued to his face his periurey and breache of couenant and leauge, and his sinfull rebellion and murther, contrair to [the] expresse word of God, and leauge and couenant suorne by himselue and most of his complices. He toke the morrow at 3 in the afternoone to his furder conference with them; and maney of his cheiffest officers did openly acknouledge, they were conuinced in reson, and neuer till now did see the weeknes of ther auen grounds. In place of keiping the appoynted meitting, (seing a fyre to begin to kindle amongest his auen) aboute midnight that same day, he commands all his armey presently to marche, wnder the paine of death, backe towardes Edinbrughe; and empties all his garisons be west Linlithgow; sends his horses towardes the Border, and with grate haist, with his footte, returns to Edinbrugh and Leith; and is now bussie in repairring the breaches of Edinbrughe castle.

_Mr Robert Blair, his animadwersions one the remonstrance emitted by
the vesterne forces, Octob: 1651._

Ther is no questione maney sade truthes ar layed doune in the remonstrance, vsse quherof wold be made, and remeid therof wold be sought in a right way; bot wnder the pretext therof to make a secessione from the publicke counsells and forces of the kingdome, and to gratifie the wicked inwader of the land, by laing opin the nakednesse of the reulers, exageratting eurey miscarriage or appeirance, as if they had bein hyred by our enimies to agent ther bussines, cannot be bot greiuous to the godlie, quho are not preocupied with preiudices; and this so much the more greiuous, that the cuning slight of some malcontents, weill acquanted with publicke consultations, hath intangled not a few gentlemen, werey worthey, whosse constancey in the causse of God is weill knowen. The continuers and penners of this peice, perceauing quhat strange and vnbeseiming language they wer wttering, saw it necessarey to take away maney obiections that lay in ther way; and that both in the entrey and closse therof, assining that successe had not altered ther mynd. That they iudge not themselues free of the causes of the prowoking calamities. That in vttering thesse thinges, they haue not beine led with the spirit of bitternes ore desyre to discouer the nakednes of wthers; and that they haue not the least deseinge to follow the foottsteps of the sectarian partie, they may weill say (I mein the continuers of the remonstrance) they had not the least dessinge; for in that essay they haue out-acted the sectaries. Thesse men did much in order to publicke good, befor they spake biglie; bot done nothing since, saue that they haue drawin away considerable forces, raissed at wast charges for the publicke defence. This speaketh nothing lesse then abandoning to carrie one ther deseinge in the last wordes of ther paper; and that ther discoursse may be the more taking, they put one the persons of thesse quho are speaking ther last wordes, being zet far eneuch from all danger. It is hard to aney man to judge with quhat heartes and intentions thesse things wer contriued. I speake not of the gentlemen and ministers quhom I durst absolue; bot of the proiecters and penners of this remonstrance. Bot lett ther auen spiritts judge, if the most reall and cordiall enimies our causse had, wold haue acted wtherwayes, to pour contempte one ws, and to heatin wndertakings against ws. Iff ze be all constant in the causse, quhat meinethe the loud bleatting queries sent to our aduersaries, ane odious cryme, audacious to priuat persons to correspond withe ane opin enimey, quho haue shed the blood of Gods people, and receaue anssuers to the same? Iff this concearne not them all, how is it that they quho are constant and faithfull, declaire not against suche quho haue falsified ther trust, and quheat ther tounge against King and committee, quhom they should obey in the Lord?

17 Julij.—Cromuell past ouer a grate pairt of his armey from Lothean to Fyffe one Thursday the 17 day of Julij, 1651, at the neucke below the Queinsferrey, and fortified himselue one the hill betuix the Ferrey and Innerkethen. He landit without aney oppositione at all in effecte.[450]

3d September.—K. Charles the Seconds armey wes routted and defaitt at Worchester, in England, one Wedinsday the 3d of September this zeire.

* * * * *

Mercurius Scoticus, his diurnall to the 28 of Octob: hes in it this passage anent the laitt meitting of the remonstrant ministers at Edinbrughe, this same mounthe:—The meitting of the ministers at Edinbrugh is dissolued; ther was 66 of them in all. After they had made a kynd of auricular confession, eurey man for his auen sinns; some for idolizing the couenant too muche, others for complyance with the King, &c. ther pryde, ambitione, and other sins, they haue dissolued; and haue sent some of ther nomber to Glasgow, quher they intend a prouinciall meitting, in a judiciall way, and will emitt some declaration or warning. They are werey muche troubled they cannot haue that power in ciuill thinges, _in ordine ad spiritualia_, wiche they wer wount to haue in this natione; wnder wiche pretence, they gett all ciuell pouer quhatsomeuer in ther handes....

In Nouember this zeire, the ministers of the west, that had made and still manteined a werey grate schisme in the churche, and disawoved the last Generall Assembley, holdin at St Andrewes and Dundie, sett out at this tyme a pamphlett called, a Discouery after some search of the sinnes of the ministers; wich is dewydit in 9 sections, and printed in Aᵒ 1651, by the brethren of the presbytery of Kilmarnock. Thir westland renters of the churche held a meitting at Edinbrughe, about the letter end of this mounthe, by the name of the Commissione of the Kirke; the pryme actors in it wer the tuo fyrebrands, Mr James Guthrie and Mr Patricke Gillespie, both of them depriued by the lait General Assembley at Dundie; to quhom, amongest maney other of the lyke nature, wes presented by a godly brother, (as they name him,) this famous paper, consisting of 12 heads:—

1. Our soleme ingagements to dewties, ather out of dark zeall or policy; and it is conceaued much of both thesse will, after deepe searche, be found in al our couenant ingagements.

2. The taxing of ourselues, by soleme couenants and othes, to the perpetuall mantinence of some thinges for wich ther is no warrant from the word: as perpetuall adherence to monarchy in such a line, and constant mantinence of the priuilidges of parliament; at least the clauses of our taxes thesse thinges so ambigously conceaued, that maney sueare them in the formentioned sense.

3. A fleschly zeall and policy in pursewing and carring one the couenant and leauge by creuell oppressions, making actes for constraning all sortes of persons, als weill men of tender consciences as the most prophaine and grosslie ignorant in the land, to take the couenant, wnder the hazard of incurring the heighest censures both of churche and stait.

4. Our preiudices; and that vpon our passinat and bitter invections, by word and wreatt, publicke and priuat, aganist suche of the people of God in England, quho had some differences of judgment from ws, not vsing the gospell way alloued by God for gaining others, houever carried away with errors; and therfor in the grate justice of God, his people in the land, quho wer formerlie one, are now so far dewydit in judgments and affections, that grounds of persecutione are layed doune and begune by the one aganist the other.

5. The espousing of the malignant quarrells, not only by our own coniunction with, and intrusting the malignant party, bot also by intending and concluding a trettey with the Kinge, putting him in the actuall exercisse of his power, and owning his intrest, albeit all the tyme of the trettey, and after it als weill as befor it, he did palpably euidence his disaffectione to the couenant and endes therof; wherby it hath come to passe, that the quarrell wich the Lord did formerly plead aganist the King, seimeth to be now tabled at the dore of churche and staite.