Chapter LXXXIV: Appendix (8)

6. The pollutting of the Lords housse and ordinances, by continuing the vilest of men to be churche members, and to partake of the holy ordinances of Jesus Christ; so that all the people of the nation are members of the Churche; quherby the churche of Scotland is become lyker to a feild of thorns and briars then the wyneyaird of the Holy One of Israel. Nather could the remoueall of persons scandalows from a sacrament (wich also is much neglected,) be a sufficient remedy of this euill, seing beare negatiues are not sufficient to putt a man in a capacitie to be a churche member, muche lesse to partake of the sacraments; but besydes are requyred positiue euidences of grace, so far as to ground a judicious judgement of charity: and from this error of the actuall constitutione of this churche flowes the sinfull coniuctions with the malignant party in counsell and armies; for how can thosse, vpone aney groundes of conscience, be debarred from ciuill fellowschipe, quho may and ought to be admitted to churche fellowschipe? and therfor, though our disease may be skinned, zet neuer cured, till the present constitutione of the churche be helped.

7. The idolizing of men, and receauing doctrines from them implicitly, not bringing them to the ballance of the sanctuary: ministers medling with ciuill affaires, both in priuat and judicatories, quherby they lord it ouer the estaites, and tyranized ouer the consciences of men; though it is not denayed bot they may and ought to reproue sin, and that in all sortes of persones, so far as they haue varrant from word of God.

8. Our not cleiring, bot wreasting the trew staite of the quarrell, with a vilfull reiecting of all meines for prewenting the sheding of blood; whill treaties and conferences were not only requyred, bot refussed, though desyred and offred by the Englishes; throughe wiche it appeirethe, that the guilte of much blood shed in the lait warre, may be justly layed to the charge bothe of kirke and stait.

9. The smothring of light, and withdrawing from dewties, wpone the apprehensione of said euents.

10. Pitching vpone our forme of presbyteriall gouerniment, as the vtermost attainable perfectione of reformatione.

11. The grate neglecte and creuell oppression of the comons and poore people of the land, neuerthelesse of our obligations and tayes, in the couenant, of mutuall aid and assistance one of another.

12. Laboring to carrey one a worke of reformation with so corrupte and vnsuttable instruments; yea the continuance of persons scandalous, in eminent places of trust, after ther was cleir euidence that they wer suche.

1652.

This day, (viz. Friday) 2do Jarij: did brecke vpe the meitting of some presbeterians, who did meitt at Edinbrughe, in reference to the satlement of present affaires. It was composed of them quho [are] called ministers and laymen, quherof Mr James Guthrie was moderator; who, as he was chosen to moderat, so in his olde wounted presbeterian zeall wold proceed in nothinge, till first he knew wither aney wer present who wer accessorey to the sheding of the blood of the saintes. Quasi wero, he had bein free of aney such thing; thoughe most instrumentall in drawing one ane ingagement at Dumbar, he may remember his accession to his spilling of blood at Hamilton; bot wee know the pharisies can bewaill the death and suffringes of the prophetts, thoughe apte to persecute Christe and his disciples. It is remarkeable, this meitting was not called without cuninge, for wpeholding the presbeterian intreste. The matter is this; about 8 weekes agoe and aboue, some godlie and weill affected men in this land, taking a coursse (besyde the preists not heeding them in the bussines) in order to the good of the nation, vith no lesse purpois then to remonstrat and petitione (quhosse proceidinges as zet wee houpe shall take effecte) aganiste coerciue restrainte, and for incorporatting the tuo nations into one comon wealthe. Bot the presbeterian ministers, with ther grandee, Wareston, finding this præiudiciall to ther crafte, Demetrius lyke, called togidder such as wer of ther auen stampe; cuningly breking of the meittinges of thosse quho intended to bring to naught ther crafte, in making siluer shrynnes for ther presbeterian Diana, did withdraw themselues altogider from suche meittinges: the result of wich is confusione; for nothing is now to be hard after this conuocatione, bot craying out, “Grate is the Presbetery.”

Now they haue drawin vpe a letter, thoughe with grate debait, not knowing weill to quhom to send it, ore how to call thosse to quhom they should directe it, and are aboute to send it to the Generall; testifing aganist all our proceidinges, and with a full pretence (I should say, purposse) of suffringe, doe earnistly bege religion in Scotland may be preserued, and established according to the couenant, wich in ther accompte is nothing bot presbeterey. Marke ther ingenuity; they resolue to suffer, and zet wold haue pouer to persecute. Werily, I thinke, they are justly sufferers, quho goe aboute to be persecutters. In the interim, I supposse they shall not receaue a satisfactorey anssuer in petitioning him (viz. Cromwell) aganist quhom they testifie; this bewrayethe ther policey, thoughe presbeterey be wsullay attendit therwith. Howsoeuer, as they conueined cuningly, with a full purposse to manteine their crafte, that ther idol presbeterey perishe not, so they are dismissed confusedly, craying out, “Grate is the Presbeterey.” We haue only to adde to it that Warrestone, in face of the meitting, contrarey to experience, with a full purposse to deceaue the simple, (Ex vngue Leonem) denayed aney trettey to haue beine offred by the Englishe, befor Dumbar, to the Scotts. Bot wee know it is a Matchiuelian policey, fortiter calumniarij.

* * * * *

1652.

_Acts of the Assembly 1652, 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._[451]

No. I.

_Propositions which were offered to the Meeting of Ministers and
others, appointed to be keeped at Edinburgh, July 21, 1652._

WHERAS we, and many of the godly in the Land have been really scandalized and stumbled at their late Acts and Proceedings, relating to Publick Resolutions concerning the same in the nature and Intention of the Work, to have obstructed and shaken the Work of Reformation, (although we think honourably of diverse Godly and Learned men who have been concurring in the same, and dare not judge their Intentions to be such as we think their Work hath been, and do allow charity to others.) Therefore for satisfaction of our conscience, and for securing the Work of Reformation, for purging the Church, and for promoving the power of godlinesse, and for removing of these sad differences, and for attaining and preserving a good understanding, We desire,

That they give evidence and assurance, that they approve of, and will adhere unto the solemn Publick Confession of sins and engagement to duties, and all the Acts of the uncontroverted Assemblies of this Church, concerning the Work of Reformation, in the literal and genuine sense and meaning thereof. And that in dispensing of the Ordinances, censuring of scandalous persons, receiving of Penitents, trying, admitting, removing, and deposing of Church-Officers, they will walk according to the same. That it be laid seriously to heart before the Lord, how after such a defection, and so sad judgments for it, the Lord may be restored to his honor, the Land to his favor, and the like defection prevented in time coming.

That as we are ready to our station, to follow all religious and conscionable means and Overtures for securing and guarding the Cause and Work of God against Error, Heresie, and Schism on the one hand, so they would hold out to us a solid way for securing the same against dangers from Malignancy on the other. And we would know what shall be the Characters in time coming, by which Malignancy may be known and judged.

That a reall and effectuall course be taken, according to the established rules of this Kirk, for purging out, and holding out all such Church-Officers as have not the Position, and qualifications required in the Word of God, and Acts of this Kirk, particularly, where Ministers deposed by lawfull Assemblies, have intruded themselves, or have been unwarrantably restored by Synods and Presbyteries to their Charges, contrary to the form and order prescribed in the Acts of Assemblies, be removed, and condign censures inflicted, and that sufficient Provision be made for preventing the like in time coming.

That after means be fallen upon and followed for censuring of all scandals and scandalous persons, and casting out of these who shall be found grosly and obstinatly scandalous or ignorant, after they are made inexcusable by sufficient means and pains taken for their instructing and reclaiming.

That some course more effectuall than any hath been fallen upon hitherto, may be condescended upon, for putting in execution the Acts of this Kirk, anent debarring from the Lord’s Table such persons who are found not to walk suteably to the Gospel, and have not knowledge to examine themselves, and to discerne the Lord’s Body.

That in the receiving of Penitents, care may be had that none be admitted to the publick Profession of repentance, or reconciled to the Church, but these who are found to give such evidence of their repentance, as is exprest in the Acts of the Assemblies, concerning the receiving of Penitents.

That an effectual course may be taken for securing of the Work and People of GOD from the harm and evill consequences which hath already, and may further ensue from the late pretended Assemblies at S. Andrews and Dundee, and the Acts thereof.

* * * * *

No. II.

_Reasons why the Ministers, Elders, and Professors, who protested
against the Pretended Assemblies at St Andrews, Dundee, and
Edinburgh, cannot agree to the Overtures made unto them at the
Conference, upon the 28 and 29 of July, 1652, &c._

Albeit the Essayes and Endeavors which were used by us, before our coming hither, for removing of Differences, and attaining of Union and Peace, upon such grounds as might (indeed) bring forth a discovery of our, and the Lands Sin, and contribute for removing the guilt thereof, and for securing and promoving the Work of Reformation amongst us, might in a great part have acquited our consciences, and cleared us before the world; yet the deep sense that we had of the many and great prejudices which do ensue to the Work and People of God, by our continued Divisions, and our ardent desire of Peace and Union, upon the grounds foresaid, constrained us to lay hold upon the opportunity of your meeting together at this time, and to represent unto you, some necessary and just Propositions, as a fit subject of our conference; and that we were willing to hear what should be offered by you to us, in order to these ends; and, that therefore you would forbear to assume unto your selves the power of, or constitute your selves into a Gen. Assembly. And when we found this ineffectual, and our Union rendred more hopeless, by your denying a desire so just and reasonable, and so agreeable to the practice of former Assemblies, as was instanced before you by these who knew the records: Nevertheless upon a surmise of a purpose in you to confer with us, we did for divers dayes wait upon you, being desirous to have seen upon your part, some serious applying of your selves to the real means of healing, and to have found solid satisfaction unto the things contained in the Propositions offered to you by us: But in place of this, the Brethren who were appointed by you to confer with some of our number, did intimate unto us, that all which they had in Commission to make offer of, was, That ye were willing to take off the Censures inflicted by the former Assembly at St Andrews and Dundee, and the Censurableness that persons, who have transgressed against the Acts thereof might be liable unto: Providing, that these Brethren censured, and deserving Censure, should pass from their Protestation against the former and present Assemblies, and judicially before their Presbyteries and Synods, engage themselves under their hands, not hereafter to deliver their Judgments in Preaching or Writing, or any way else to hold up the late differences. Which Overture when it was earnestly desired by these of our number to be given to them in writing according to their Instructions, not only because it was divers wayes represented by such of your number as did confer with them, but also that they might the more perfectly and better understand the same, and be able to make an exact report thereof to these who sent them, and mistakes thereupon might be Prevented: It was most peremptorily refused, albeit most earnestly urged and desired during the whole time of the Conference: Therefore having set down the same as truely and impartially as our judgments and memories could attain; We do for our own vindication, and satisfaction of others, give these Reasons following, why we cannot accept thereof.

“I. Because there is hereby no remedy at all offered for the course of defection involved in the Publick Resolutions, nor for preventing the like for time to come, which is the main ground of difference; but upon the contrary we are required upon the matter to retract our Testimonies thereanent, and judicially to give Bonds and Engagements hereafter to be silent concerning the sin and guilt thereof.

“II. Because our passing from our Protestation doth import a real acknowledgement of the lawfulness and freedom of the Assemblies in regard of their constitution, and of power in them to inflict and take off Censures, and so by our own consent, doth not only retract and condemn the testimony which we formerly gave against the same, But also obstructeth the remeading of what is past, and the attaining a lawful, free, General Assembly for the time to come, and so wreaths about our own neck, and the necks of the Lords People, the yoke of unfree, corrupt, and unlawful Assemblies.

“III. Because the offer which is made, though it contains Immunity in regard of these who have not acquiesced unto, or opposed these Acts for the time past, yet the Acts of themselves do notwithstanding thereof, still stand in force, as a ground of persecution against all these Ministers and Professors, who shall not accept of the conditions contained in this offer, or thereafter fail in performance of the same.

“IV. Because this offer is so far from reaching satisfaction to all, or most part of the Propositions offered by us, that it doth not give satisfaction to any one of them, but pitcheth upon a particular, which ought to be of least consequence with us, (as importing but our personal suffering) without taking notice of the Lands defection, and of those things which do concern the Kingdom and Interest of JESUS CHRIST, and the purging of his House; and what a sin and provocation should it be against the Lord, and what a stumbling and grief of heart unto the godly who have concurred in these Propositions, and after such a defection, do expect repentance and reformation, and the purging of his House of corrupt Officers and Members, if we should make such a transaction, as seems to promise present security to our selves, but doth not contribute for preserving of the Truth, and attaining a solid Peace and Union in the Lord.

“V. We cannot see how the passing from these Propositions, and the taking upon us such Engagements for the time to come as are desired, should not involve us in the condemning of our own judgments, and in the acknowledgment of a sin and offence in making these Protestations, and bearing testimony against the Publick Resolutions, and import that what is done by you in taking off of Censures and censurableness (as you term it) is an Act of meer favour and grace upon your part, unto Delinquents, upon their repentance. And though we hope that we shall never be ashamed, but esteem it our mercy and glory to acknowledge any thing whereby we have provoked the Lord, or offended others, yet being more and more convinced in our consciences, that what we did in these things was a necessary duty, we dare not purchase immunity and exemption from Censures at so dear a rate, as to deny the same, we shall rather choose still to be sufferers, and to wait upon the issue that the Lord shall give, then to provoke the eyes of his Glory, grieve the spirits of his People, and wound our own Consciences, by so unsatisfying and so sinful a transaction.”

And conceiving that, we shall not have the opportunity to speak unto you hereafter, as being now about to dissolve our Meeting; We do from the zeal that we owe to the honour of God, and from the tender respect we owe to you as Brethren, and for exonering our own Consciences, most earnestly beseech and obtest you, by your appearing before the Lord Jesus Christ, to give your selves unto Prayer, and searching of your own hearts and way, in Order to Publick Resolutions and Actings, untill each of you finde out wherein ye have turned aside from the straight way of the Lord, and imployed your gifts and power not for Edification, but for grieving the spirits of many of the Godly, and strengthening of the hands of the wicked, and to Repent thereof, and to do no more so, least wrath be increased from the LORD, the Godly of the Land more offended, and our breach made wider, and our wound more incurable. If both you and we might obtain mercy of the Lord to know our trespasse, and why he contends, and to accept the punishment of our iniquity, and humble our selves before hime, who knoweth but that he might yet have compassion upon us, and pardon our sins, and heal our Land.

* * * * *

July the 28. Ante merid. 1652.

Mr Andrew Cant, Mr Samuel Rutherford, Mr James Guthry, My Lord Waristoun, Mr Robert Trail, Mr John Nevay, Mr James Nasmith, being nominated to meet and confer with some Brethren, Members of the present pretended Assembly, the Instructions following were given them, and the Meeting doth require and expect, that they will walk according thereto.

I. That they shall declare to the Brethren with whom they are to meet, That as they do adhere to the Protestations formerly and lately given in, so they do protest, that they do not meet nor confer with them, nor receive any Papers from them, as being in the capacity of Commissioners of a General Assembly, but onely as sent from a meeting of Ministers and Elders, Wanting any such Authority.

II. That whatever be offered by the Brethren with whom they do confer, they desire to get it in writing from them, as the mind of the Meeting whereof they are Members; That it being communicated to us, Answer may be given thereunto by our whole Meeting.

III. That they do not engage in Conference with them at first about the matter of Censures; It being neither the chief nor only ground of our grievance; and because with us things of that nature, and any thing of personal concernment, ought to be of the smallest value, while there are many things in question betwixt them and us, of far higher consequence to the Kingdom of Christ and his Interest, as anent the causes of Gods controversie with the Land, and the way of remedy and cure of the former and late defection, and the way of preventing the like in time coming. The establishing and promoving the Work of Reformation, and the purging of the Kirk, and the like, as are laid before them in our Propositions given in to their Meeting; And that they do intimate to the Brethren foresaid, that we cannot look upon an offer relating onely to the Censures, upon some of our number, as satisfaction to them or us, and that (besides what we have said) for other reasons to be communicated in due time to their Meeting. And that therefore they shall offer to these Brethren, and desire of them, that if there be any Conference at all, the subject matter of it may be upon the whole Propositions in the order as they stand.

IV. That in case of their refusing the latter part of the former Article, they shall require and demand from the Brethren of the other Meeting, That they would declare whether we may expect, that these from whom they were sent, will either by the said Brethren, or any other way, give answer and satisfaction to us anent the Propositions, and what is their sense and meaning of the Publick Resolutions, and anent the Constitution, Acts, and Proceedings of the Meeting at Dundee, and of this at Edinburgh, and what they minde to do in reference to the same.

V. That in case there be not satisfaction obtained in these so just and necessary things, They do professe their own and our dis-satisfaction with any thing that hath been offered by them to us, or answered to our desires first or last. And that they protest for themselves and us, That as we have sought Peace, and pursued it by all lawfull and possible means, though much in vain on their part. So we are henceforth free from the guilt and blame of the sad prejudices and evil consequences whatsomever, which may follow upon their present way, and their former and future actings of that nature, so contrary and destructive to Edification and Peace.

* * * * *

Right Reverend,

We have now for these fourteen dayes past, been imployed in using our best endeavours, and waited for Overtures from you, for healing the breach, and, removing the differences that are amongst us; And now there being no ground of hope given us, nor any desire made unto us for continuing the Conference, whereby a better understanding might be attained, We have thought good before our parting from this place, to send unto you this inclosed Paper, together with the Instructions given in writing to these who were sent from us to the Conference, the Copy whereof was offered by them to these who were sent from your number, and left with them; Both which Papers we desire you to communicate to those of your meeting. And so we rest,

Your very loving Brethren in the Lord.

Edinb. 29 July, 1652.

_Subscribed in the name of many Ministers,
Elders, and Professors throughout the Land,
who desire truth and peace._

DIRECTED. For the Reverend Brother, Mr David Dickson, Professor of
Divinity in the Colledge of Edinburgh.

* * * * *

No. III.

_An Act and Overture of the Generall Assembly, for the Peace and Vnion of the Kirk._

Edinburgh. 2 August, 1652. Post meridiem. Sess. 18.

The Generall Assembly being deeply affected with sense of the many and sad evils and calamities that have already arisen both to Kirk and State within this Land, by the lamentable divisions and distractions amongst Ministers and others of the People of God in this Kirk, and apprehensive of greater evils which may yet follow, to the overthrowing of the blessed Work of Reformation, (which the Lord, in his great and speciall mercy, was pleased to set up amongst us, having carryed it through many difficulties and oppositions,) and to the laying of the Kirk of God waste and desolat, if these divisions and distractions shal continue; And being most desirous, as the Servants of Jesus Christ, who is the Prince of Peace, to use all necessary and lawfull means (so far as their knowledge and power can reach) for preventing the encrease of these divisions, and making up of the breaches; And being firmly resolved, for obtaining of this desirable end, in all meeknesse, gentlenesse, and moderation, to condescend so far as they can, without violation of Truth, and of the just authority of the Government and Courts of Jesus Christ in his Kirk, unto their Brethren of the Ministery and others of the People of God, who have been this late time by-past, and are at difference with the Judicatories of the Kirk, for bringing them to an happy conjunction with their Brethren in unity of the Spirit in the bond of Peace.

Therefore, for giving an evidence and demonstration of their real intentions and sincere purpose about the premisses, as they have already, by some of their number commissionated for that effect, Declared and made offer to some of these their Dissenting Brethren, who were here in the time of the Assembly, so now again do Declare and make offer by this present Act, That the four Brethren, who, by the preceding General Assembly at S. Andrews and Dundee, were upon speciall consideration justly censured, for protesting against and declining the Authority thereof, shal have the censures inflicted on them by that Assembly for the cause foresaid, taken off them; And further, that no censure shall be inflicted on them for not submitting to the foresaid censures; yea, and that no censure shal be inflicted for their Protesting against, and declining of this present Gen. Ass. Providing, 1. That they do passe from the said two Protestations against, and declinators of the two foresaid Assemblies, judicially under their hand, between and the second Wednesday of November next ensuing, in their several Presbyteries or Synods respective. 2. That they also give assurance in manner foresaid, that they shall forbear holding up divisions by debates about matters of our late differences since the Assembly 1650, in preaching, writing, or any otherwise. Likeas the Assembly doth Declare and make offer, that all such as did concur in, or have been accessory unto the Protestation and Declinatour against the Assembly at S. Andrews and Dundee, and were not censured, shall be free from whatsoever censure might have been inflicted by any Act of the said Assembly, and that no such Act shall have any force against them hereafter in any Judicatory of this Kirk, and that no censure shall be inflicted on them for their accession unto the late Protestation and Declinatour against the present Assembly, Providing they shall perform the foresaid provisions within the time, and after the manner therein specified.

And for prosecution of this purpose, the Generall Assembly ordains the several Presbyteries or Synods of this Kirk to present this offer, with the Provisions therein contained, unto all such persons as are before-mentioned within their bounds respective: And in case the plurality of Presbyteries or Synods shal refuse to propound the same, the Assembly doth warrand such Brethren as acknowledge the Authority of these Assemblies, to propound them: and, having made report of their diligence and successe therein to the next ensuing Quarterly Meeting of the Commission of the Kirk, if they be then sitting, thereafter to do as they finde by the rule of the Word of God, and the Acts and Constitutions of Generall Assemblies of this Kirk, to be most necessary and conducible for preservation of truth, for procuring the Peace and welfare of the Kirk, and maintenance of the Authority of the Assemblies thereof, as they will be answerable to the next Generall Assembly; And recommends unto them to take advice of the Commission of the Kirk for their proceeding in any matter of importance of this kinde.

And now the Generall Assembly having out of tender affection toward their Brethren, and sincere desire of unity and concord with them in the Lord, and for the Lord, condescended unto this moderation and meeknesse, do obtest all and every one of them in the Name of Jesus Christ, and expect, as they tender the preservation of the Government of this Kirk (which adversaries without and within, taking advantage of our divisions and distractions are labouring to subvert) and as they love the establishing and promoving of the Kingdom of Christ in this Land, and will be answerable to him in the great Day, that they would, accepting of this offer of love, return unto unity with their Brethren in their severall respective places and Judicatories, and concur in an unanimous way, for preserving and promoving the Work of Reformation in all the parts thereof, and for electing of Commissioners to the next ensuing Generall Assembly. And if they shall (refusing to accept this offer) continue to hold up the divisions, the Assembly leaveth it to the judgement of all the Kirks of Christ abroad, to bear witnesse if we have not faithfully endeavoured for our part, to heal our present breaches; and if we shall not be free of the guilt of the sad consequences that may come to the Work and people of God in this Land, by continued distractions.

J. MAKGHIE.

* * * * *

No. IV.

Edinburgh, 3 Aug. 1652. Ante mer. Sess. 19.

_Act concerning admitting Expectants to their tryals, and Ruling Elders to act in Presbyteries and Synods._

The General Assembly having out of their earnest desire of the Peace and Vnity of this Kirk, condescended upon an Overture of Peace, and not onely propounded it to some Brethren who were here, opposite to the Publick Judicatories of this Kirk, But also in pursuance of that end, Ordained the said Overture to be presented, and offered by the several Presbyteries or Synods, to all in their respective bounds, who have Protested against, and Declined, or consented or adhered unto the Protestations and Declinatours made against this and the preceding General Assembly, and the conditions therein contained, to be required of them; And considering the great prejudice like to arise to this Kirk, by encreasing of our unhappy Differences and Distractions, if young men shal be admitted into the Ministery, which shall still blow the fire of contention, and continue in avowed opposition to, and contempt of the Publick Judicatories, Therefore Ordains Presbyteries to take special care, that upon the calling of any Expectant to a particular charge of the Ministery, before they admit him to his trials, they require him under his hand, to passe from the Protestations and Declinatours against this and the preceding General Assembly, if he hath been accessory to the same, and to promise and give assurance, that he shal abstain from holding up Debates and Controversies, about matters of Differences in this Kirk, since the Assembly 1650, in Preaching, Writing, or other wayes. Vpon the performance whereof, the Presbyterie shall proceed to his trials; if not, in that case, the Presbyterie shal forbear to proceed until the next General Assembly leaving liberty to the Presbyterie and Congregation for planting of the place otherwise. And the Assembly Ordains and requires, that Presbyteries be not sudden to lay by such young men as at first refuses or scruples to perform these conditions mentioned, but that pains be taken upon them to convince them of the reasonablenesse thereof, and to perswade them to embrace them, and to give them a competent time for that effect.

Likeas the Assembly considering the prejudice of Elders coming to Presbyteries for strengthening a faction in opposition to the Publick Judicatories, Ordains, that Presbyteries shal require the same things fore-mentioned of every Ruling Elder that comes to sit and act in Presbyteries; and in case of his refusal, shall not admit him to act as an Elder in the Presbyterie, but require the Kirk Session from which he is sent, to make choise of, and send another, who for the Peace of this Church, shal agree to perform the conditions required.

* * * * *

No. V.

_Act for putting in execution former Acts and Constitutions of Generall Assemblies, anent trying, admitting, removing, and deposing of Church Officers, censuring of scandulous persons, receiving of penitents, and debarring of persons from the LORDS Table._

Edinburgh 3 August 1652. Post meridiem. Sess. 20.

The Generall Assembly, considering the obligations that lyes upon all Ecclesiastick Judicatories and Ministers within this Land, by the commandment of GOD, and our Covenants and Engagements taken upon us, before GOD and the World, (whereunto they resolve, in the power of the LORD’S might, constantly to adhere) and to shew themselves faithfull and zealous in all their administrations for the LORD, and for advancing the Work of Reformation; and particularly, considering that the condition of this time doth require in speciall wayes, that in trying, admitting, removing and deposing of Church-Officers, censuring of scandalous persons, dispensing of Ordinances, receiving of penitents, the Rules of the Word of GOD, and Constitutions of this Kirk, be diligently put in execution, and accuratly observed.

Therefore,

The Assembly Ordains, That Presbyteries and Synods, in admitting of Persons to the Ministery, be accurate in their tryals, according to the Order prescribed in this Church, that none be admitted to the holy and high function, but such as are qualified according as is required in the Word of GOD, and Constitutions of this Kirk, both for knowledge in the mystery of godlinesse, and abilities to teach and convince the gainsayers, as also in conversation and godlinesse, that they lay hands suddenly on no man, nor be partaker of other mens sin; and for this end, that every Presbyterie be careful to have gathered together such Acts of Assemblies as concerneth the triall of Ministers, and have them before them, whensoever any person is called to any place of the Ministery, and is upon his trials.

2. Ordains that Presbyteries and Synods, in their respective bounds, make conscience, that such Ministers as are found either ignorant and not apt to feed the people of God with knowledge and understanding, or erroneous in their judgment in matters of Religion, or are scandalous in their life and conversation, and are not examples unto their flocks in godly and holy walking, or disaffected to the work of Reformation, be censured according to the degree of their offence, and Acts of Assemblies. And for this end, that they be frequent and accurate in visitation of Kirks, and therein make consciencious use of the rules prescribed for visitations, and of such Acts of former Assemblies, as holds forth the duties of Ministers, and the grounds and causes of censure.

3. Ordains that, where Ministers lawfully deposed, are unlawfully admitted, and not according to the Order prescribed in the Acts of Generall Assemblies, or intrudes themselves into places, Presbyteries and Synods make use of that power and authority which Christ hath put in their hands, to remedy the same, and to censure such disorders and enormities, as they deserve, And that people be not accessory unto, or concurring with any Ministers that are deposed, in intruding themselves into places, nor give them any countenance that does so, as they would not draw upon themselves the wrath of God, by contemning and despising Christs Ordinance of Discipline, And that no Presbyteries or Synods proceed to open the mouths of, or re-admit unto the Ministery, any deposed Ministers, but according to the Order prescribed in the Acts of Generall Assemblies, As they will be answerable unto the General Assembly.

4. Ordains that Sessions be carefull that none be admitted to be Elders in Congregations, but such as are in some competent measure able and qualified with knowledge of Religion, and understanding of the duties of their Calling, for discharging the duties of that Office, and of a blameless, Christian, and godly conversation; And that before any be admitted to be an Elder, the Persons name that is designed, be publickly intimate to the Congregation the Lords day before, that if any have any thing to object against him, they may present the same to the Session or to the Minister. And that if any Elder be found negligent in the duties of his charge, and continue so after admonition, or scandalous in his life and conversation, or to be a neglecter of the worship of GOD in his Family, he be removed from, and purged out of the Session.

5. Ordains that Sessions and Presbyteries be carefull, and make conscience by all means to censure impartially all persons of whatsoever rank or condition, that are scandalous, either in things of the first, or in things of the second Table, according to the Rules and Order which Christ hath prescribed in his Word, and to proceed to the highest censures, with such as are grossely and obstinately scandalous, or are ignorant, and contemn, and continuedly neglect the means of knowledge, as publick and private catechizing, &c. after they are made inexcusable by sufficient means used to reclaim and gain them.

6. Ordains that Ministers and Sessions in Congregations be carefull, as they will be answerable to Christ Jesus, to debar from the Lords Table, all such persons as are found not to walk suitably to the Gospel, and being convinced and admonished thereof, do not reform; As also all such as have not knowledge to examine themselves, and to discern the Lords Body. And that for the more orderly performing of this, the Minister in examination of the people, have some of the Elders alwayes with him, and represent unto the Session such as are found grossely ignorant, that by order of the Session they may be debarred.

7. That Presbyteries and Sessions make conscience, that such persons as are found scandalous, and are under censure for that cause, be not received nor absolved from their censure, unlesse they give such satisfaction and evidences of their repentance, as are expressed in the Acts of the Assemblies, concerning the receiving of penitents.

J. MAKGHIE.

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No. VI.

_Declaration of Assembly._

Edinb. 5 Aug. 1652. Ante mer. Sess. 23.

Right Honourable, right Worshipfull, and
Worthily respected,

We, being met in Edinburgh at the time appointed by the former Assembly at Dundee, of purpose to study the healing of begun breaches in this Kirk, were interrupted at our first down-sitting, and hindered from constitution of the Assembly by our Dissenting-Brethren their offer of Propositions and desires to be granted by us, which could not to any good purpose, either be debated or effectually granted, as was required, before the Assembly was constitute, and the Judicatory fixed. Which short delay of our answer, till we were in capacity to answer, was met with a Protestation, prepared before hand, for a declinatour of the Judicatory, and all the Commissioners of Presbyteries, as freely chosen as any were, and sent forth from all parts of the Kingdom. In which Protestation wer contained many grievous and unjust aspersions upon us and others (who dare not pass from the possession of yearly Generall Assemblies; which being in former times interrupted, was purchased at a dear rate, before it was recovered) and all this was presently put in Print, to the great disadvantage of us, and mis-information of all the Kingdom. After the Assembly was constitute, a conference was offered by us, wherein some from us desired, That to the intent we might joyn the better for promoving the Work of Reformation, legall bars hindering us from peace, to wit, Protestations on the one hand, and Censures inflicted, or which might be inflicted, on the other hand, being removed. They should give assurance to forbear to trouble the Kirk, by holding up debates on the matter of our late Differences, about the managing of Publick Affairs. But after conference, finding no ground of hope for present agreement, we have made the same offer to all them who adhered to the Protestation, whether in the Town for the time, or not, as our Act[452] (the Copy whereof is with these come to your hands) at more length doth declare, and granted unto all, time to advise till the second Wednesday of November next to come. And now because our Dissenting Brethren have the advantage of the Press for the present, and are too diligent and painfull in gathering of hands and subscriptions to their Protestation, of young men or elder, masters or servants, without any tryall of their qualification, to make the world think, that the generality of the godly (as they in their Papers presume to call themselves) and that in great number do stand for their divisive way, Therefore we thought it our duty to write unto you all, who love the Union and Peace of this afflicted Kirk, that by your counsell, conference, and all other godly means, so many as in your bounds, Ministers, or others, are upon this divisive way, which tendeth so much to the hinderance of the Work of Reformation, and peace of the Lords distressed people may be timously reclaimed, and moved to accept the peaceable offer made to them by the Generall Assembly, and the rest within your bounds may be keeped free from this uncouth separation, that it grow not greater, and that difference of judgment about the managing of publick affairs in our late troubles, which occasioned this unhappy rupture, may be no prejudice to our joynt acting in Ecclesiastick Judicatories, for keeping the Liberties thereof, and the peace of this Kirk, which at this time doth so much call for communion of counsels and actings: Wherein as you shall prove instrumentall, you shall be found to do a work of service unto GOD, of love to your Mother-Kirk now distressed on all hands, most suteable to your Covenant and Profession, and contributive as to your peace, comfort and credit in this life, so to the furtherance of your reckoning in the day of the LORD.

_Subscribed in name and at command of the Generall Assembly, by_

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No. VII.

_Declaration by Ministers and Elders(Protestors) against the lawfulness of Assembly 1651._

To the Right Reverend the Ministers and Elders met at Edinburgh the
24 of November 1652.

Whereas we have not onely been patients and defenders in the differences that have lately arisen in this Church, but willing and ready to embrace all opportunities for removing them: And for that end upon an Overture made to us the last Winter, have since that time forborn to act authoritatively, and in the capacity of Commissioners from the Generall Assembly 1650, (which delegation we conceive to be still in force, untill the next lawfull free Generall Assembly.) And notwithstanding grounds were given to us when that Overture was made to expect the like from you, Yet ye did assume to your selves that authority, and acted accordingly, which hath very much heightened our differences. And forasmuch as at the late Meeting of our Brethren in Edinburgh upon the ________ day of July last; We did earnestly desire that they would forbear to constitute themselves into a Generall Assembly, (which had they been pleased to grant, might through the Lords blessing have proved an effectuall means of peace.) So now we being met together, and understanding that you are to meet upon the ________ of this instant: And we being still desirous of peace and of an union with our Brethren in the Lord, and to entertain with all due respect, the endeavours of some godly and reverend Brethren for this effect. We do earnestly beseech you by the love you bear to the peace of this Church, and by your desires to heal the breaches thereof, that you will presently declare, that you will forbear all acting as Commissioners of a Generall Assembly, so long as endeavors and conferences for Union shall continue (as upon your condescendence we hereby do declare the like concerning the Commission of the Gen. Assembly 1650.) And that you will presently interpose with others of your judgment in the respective Synods and Presbyteries, not onely that supposed censures may be looked on and accompted as no censures, But that they do not proceed to put in execution any of the Acts of the late Meetings at Dundee and Edinburgh, against Ministers, Elders, Professors, and Expectants; or to do any other thing not already determined by uncontraverted Assemblies; which we are confident shal be the practice of Synods and Presbyteries that are of our judgment. If the Lord shall convince and incline your hearts to this motion, whereby we may be in a fit capacity to confer together for removing our differences; In that case our opinion is, that by mutual consent, some time may be appointed for our seeking the Lords face, for the further knowledge of his controversie with us, and for our direction in the way of Union in him, that we may in love and sobernesse of spirit speak of these things which may conduce for the healing of our breach; then which, nothing is more sincerely and seriously desired by us. But if this motion may not be hearkened to, and there be a proceeding in these things which are so grievous to us, and burdensome to the consciences of many of the Lords People and Ministers, we cannot forbear to warn you, that we shall be constrained to vindicat our selves and others from such usurpation and persecution by the use of all lawful and possible means for our own defence, and for preservation of the truth and liberties of this Church.

_Subscribed in the name of the Ministers, Elders,
and Professors met at Edinburgh the 11 of
Novem. 1652, By_

_Sic subscribitur_,

SAMUEL RUTHERFURD.

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No. VIII.

Edinburgh, 26 November, 1652. Post meridiem. Session 5.

The Commission of the Generall Assembly having received upon the 14 of this instant a Paper presented to them by my Lord Wariston, Mr Robert Trail, Mr John Sinclar and George Dundasso of Duddingstoun, and subscribed by Mr Samuel Rutherford, in the name of some Ministers, Elders, and Professors met at Edinburgh upon the 11 of November, and having taken the same into serious consideration, do return this Answer thereunto.

Although we being unwilling to enter upon any debate or inquiry who have been the Agents in raising, continuing, and heightening the late differences in this Church (being more desirous to have these differences and distractions that have followed thereupon removed, and the memory thereof buried) yet we may say that our Brethrens vigorous activity therein all along hath been conspicuous enough to all who have been looking upon the matter. And as we will not question the willingnesse and readinesse of our Brethren to embrace opportunities for removing these differences, nor whether for that end they did forbear the last year to Act Authoritatively, and in the capacity of Commissioners from the Generall Assembly 1650, (which power they had assumed to themselves, it being expired and extinct by the Meeting of the Assembly 1651, by vertue of the indiction of the Assembly 1650,) and that upon such an Overture made to them as they mention (which yet seemeth to us not to be wel consistent with their Answer given by them upon the ________ day of ________ 1651 to the Paper presented to them from the Provincial Assembly of Lothian) so we remember wel that the Commissioners of the Assembly 1651 though having no lawfull call and Authority, did notwithstanding from that time mentioned by our Brethren for preventing the heightning of differences, not onely forbear acting any thing in that capacity, but even abstain from so much as meeting to adjourn, untill the time of the Generall Assembly near approaching, they behoved to meet in that capacity, for determining the place of that Assembly ensuing, which had been left in the indiction under the uncertainty of an alternative, by reason of the times, which was the onely thing they acted, and could not in reason be accounted a cause of heightning the differences. Further as the Commissioners of Presbyteries met in Edinburgh in July last could not hearken to our Brethren, desiring them not to Constitute themselves into a Generall Assembly without unfaithfulnesse in the trust committed to them (they being Commissionated to that very purpose) and without apparent and inevitable danger of present loosing the liberty of the Publick Judicatories and Government of this Church, especially considering the posture of Civil affairs in the time: So we see not how the forbearing thereof could have been a means of a right peace; we still conceive, as hath been constantly held in this Church, that a lawfull Generall Assembly, such as that was, is the most Soveraign means under God to heal any ruptures and distractions that are in the Church; likeas we find that it was the endeavour of the said Assembly to the outmost of their power to compose the present differences, and unite the distracted Members of this Church, and accordingly did condescend upon such Overtures as they possibly could perceive to be most conducible to this end.

Albeit we cannot but signifie our just grief at the unjust reflexions and aspersions cast upon us and other preceding Publick Judicatories of the Church, partly indirectly, partly directly in the narrative of this Paper, and conceive it had been more sutable to the Profession of so earnest desires of Peace and Union expressed therein to have foreborn them, yet not doubting of the reality of the desires themselves, we do heartily entertain those with all due respects. And being for our part most desireous of Union with our Brethren in the Lord, we are willing to condescend so far as possibly we can in the trust committed to us, and with a good conscience by any means to attain that end: And therefore do declare, that we shal not at this Meeting, nor hereafter before the third Wednesday of February, Act any at all in prosecution of any Censure against our Brethren which are already pronounced, or which may be incurred by them by vertue of any acts of the two last Gen. Assemblies at Dundee and Edinburgh, relating to the late differences: And although as to the execution of the Act of the late Assembly for regulating the Admission of Elders to Vote in Presbyteries and Synods, and of Expectants to their trialls for the Ministery; we must leave these Judicatories to that discretion and prudence that the exigence of their severall conditions requires, yet we shal interpose with the respective Presbyteries and Synods that they may, during the space abovementioned, sist, and not proceed further in any of the foresaid censures: And that we are content and willing that betwixt and the day foresaid there be a Meeting at a time to be appointed, before our parting hence, between some of us and some of our dissenting Brethren in such a number and such a way as shall be most convenient, considering the case of the time, for holding forth to them so far as we can, and the Lord shall assist us, light in the matter of their differences from the Publick Judicatories, and for searching into further knowledge of the Lords controversie with us, and speaking in love and soberness of Spirit in such other things as may conduce for healing our breach. And it shal be matter of our earnest desires and Prayers to the God of Peace (as we doubt not but it will also be in our Brethren, if they embrace this way) that he may be graciously pleased so to blesse these endeavours, that the issue may be a clearing of His ways to us all, an healing of our wounds, and an uniting of us in himself, to serve him with one consent, in doing or suffering joyntly for His Cause and Honour, whatsoever shall be his holy will.

As for that Certification in the close of the Paper, as we conceive that it might been well spared, so we shall say no more to it but this, That we are confident that this Commission and the other late Publick Judicatories, having a calling and being constitute according to the order of God, and constitutions of this Kirk, are very far from usurpation; and that both the by past carriage of the respective Judicatories Publick and Private doth clear them, and our carriage shal clear us before God and the World from that grievous aspersion of persecution, the uncharitablenesse and injustice whereof we heartily pardon, and pray the Lord to pardon in our Brethren.

J. MAKGHIE.

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No. IX.

Edinburgh, 27 November, 1652. Ante meridiem. Sess. 6.

The Commission of the Gen. Assembly hath appointed, Masters Ro. Blair, James Wood, David Forrest, Andrew Honniman, James Sharp, and the Moderator Mr David Dickson, in case the conveniency of his health and affairs can permit, to Meet at St Andrews the first Wednesday of January next; and there to attend such of our dissenting Brethren as shall come to them, and to confer with them upon the particulars expressed in the Answer to their Paper.

JO. MAKGHIE.

* * * * *

No. X.

Edinburgh, 27 November, 1652.