Perth, and sent back a Letter to this purpose; that though they did
not protest agˢᵗ the constitution of the Assembly, yet they protested
that the Assembly should not approve the proceedings of the former
Commission, and desired this to be marked. The subscribers of it wer
Mr Ja. Donaldson, Wᵐ Brown, members of the Presbitry of Biggar; Mr
Alexʳ Dunlope, Mr Mab, Ministers in the Presbitry of Pasley; Mr Jo.
Hamiltoun, Mr Wᵐ Simmervell. Another Letter came from Mr Ja. Naismith,
Mr Tho. Charters, Commissioners for Hamiltoun Presbitry, shewing that,
in respect of the motion of the enimie, they could not be present, and
that they did adhere to the Protestation, and desired that to be taken
as their subscription and keept in record. A Letter came from Mr Jo.
Carstairs, shewing 1. that he protested agˢᵗ the approbation of the
former Commission: _2ly_, That he protested for liberty to adhere to
the former protestation, if soe be he got further light than he hath;
and that there wer many members there quho in former times durst not
mutter.
Upon Mr Carstaires’ Letter, there arose a debate; for
My Lord Angus said—If men had liberty quhen they pleased to adhere to
the Protestation, that would be ane ill preparative, in regard enow
would ly by untill they saw how things would goe, and if things went
the enimies’ way, then possibly enow would protest quho otherwise would
not.
Mr D. Dickson spoke much to Mr Carstaires’ commendation, and shewed how
he disputed against the Protestation.
Mr Jo. Smith said he saw noe other thing by Mr Carstaires’ Letter but
that he adhered to the Protestation; and he being contradicted by the
Moderator, all the 3 Letters wer committed.
After this the Committy of Appeals made some reports of quhat they
had done, and, among other Appeals, they made report of Adam Stewarts
appeal against the Synod of Argyle, concerning Mr Pat. Steuart,
Minister of Rasa in Bute. The Synod Book and Mr Pat. not being present,
they referred the tryall of the bussiness to the Presbitry of Irivine,
and with them joined the Commissioners of Air and Dumbartan, and that
their diet be the 3d Wednsday of August.
After this the Protestation was publickly read, and the grounds of ane
answer, drawen up by the Committy, was publickly read. And quhen it was
read,
Mr Douglasse said, that beside all that was said in answer to the
Protestation, he thought it noe hard matter to evince the Protestation
to be the highest breach of all the articles of the Covenant that ever
was since the work of reformation began.
After this they fell on a debate, whether or not they should presently
take the Protestation in consideration, or deferr it till the
consideration of the procedure of the Commission?
Mr Dickson pleaded that it should be presently taken into
consideration, for it was a declinator of the Assembly. Others would
have had the Commission approven; soe it passed in the Assembly [that]
that paper was a declinator.
After, the Lord Commissioner and Mr W. Jamison said, that seeing
there was ane Act of the Assembly ’38 relating to former Acts, that
declinators should be summarly excommunicat, and he understood not how
the Assembly could passe by that Act and the former practise.
The Moderator, Mr Ja. Wood, and Mr D. Dickson, said, that they might
modifie and molify their own act—yea, repeal it, if need wer.
The Lord Commissioner said, they might repeal the act; but seeing the
Act was standing, he saw not how it could be passed by.
The Moderator answered, that they knew quhat to doe with their own
Acts, (this was by way of a nipp;) and they quho could repeall the Acts
could modify the execution of the Acts, and yet not repeal the same.
The Commissioner said also, that the Protestation was reflecting on
King and Parliament, as weel as upon the Assembly, and desired that to
be taken heed to. So that it was the drift of the discourse of many to
have some of them at least summarly excommunicat; but observe that we
could not see that act for summar excommunication; only there was ane
act Assembly ’38, that the Bishop of Edinʳ, in regard he had declined
the Assembly, should be excommunicat summarly, according to former Acts
of Assemblies, quhich they said wer among the registers of the Kirk.
The Moderator proponed that the matter of censure was not the present
question; but he revived the former motion, whether all or only some of
them should be cited? And he said that the Committy thought fitt that
3 should be cited. Mr Ja. Guthry, Mr P. Gillespy, Mr Ja. Simson. But
others said ther wer others that wer cheife actors in that wickedness
quho should also be cited, viz. Mr Ja. Naismith, Mr Jo. Menzies; and
some opposed this, soe that it run to a vote, whither all these 5 or
not should be cited? It carried that all the 5 should be cited; only
there wer some quho thought that they should have been more amicably
dealt with in regard these men walked upon point of conscience;
therefore these few, viz., Mr Jo. Dickson, Mr Robᵗ Fergison, Mr Ja.
Nisbit, Mr Alexʳ Gordon, (the author,) Mr Charles Archbald, Mr Alexʳ
Smith, Capt. Robᵗ MᶜClellan, and noe others of all the members of the
Assembly voted that they wer not clear for the citation of any of the
members at all, quhich was very strangely looked on by the most present.
Speaking of Mr Ja. Naismith, whether he should be cited, Eng. Pittillo
answered, Mr Ja. Naismith had been active in drawing aside the
Presbitry of Dunkeld.
Mr Tho. Lundy answered, that these Ministers of Dunkeld wer
dissatisfyed upon other grounds, even upon the point of conscience,
and not upon the relation of affinity that Mr Naismith had to these
unsatisfyed bretheren. This being passed, the day of their compearance
was appointed the last day of July, before the Assembly. A fast was
appointed to be keept by the Members of the Assembly the following
Lord’s day.
Sess. 9.—July 24.
There came a Letter from the Commissioners of Stranrauer excusing their
absence, and shewing that they assented to the publick resolutions.
The Moderator proposed that, seing the examination of the procedure
of the Commission was ready, the Assembly would fall upon that, and
desired that evry man might have full liberty to speak his mind and not
be derided and mocked, quhich was a thing too much in custome; for he
remarked a passage in Mr Carstairs’ Letter, supposing that there wer
men that sate in this Assembly quhich in former times durst not mutter,
quhich, said he, doth evidently declare the insolence and dominering of
these men. But he desired that the Assembly might doe otherwise, and
even though possibly the reasons of opposers were to small purpose, yet
that they might be patiently heard. After that the Moderator proponed,
that seeing they were to fall upon the examination of the proceedings
of the Commission, that they would chuse a new Moderator; and it was
ordered that every one should name one as they pleased; soe it fell on
Mr R. Baily—after quhich all the members of the precedent Commission
wer removed and their power and authority read.
Mr Jo. MᶜGill was chosen clerk. Soe the present Moderator called for
the Moderator of the Committy for making their report concerning the
procedure of the Commission, and he gave them ane ample testimony of
honesty, care, and fidelity; but in regard there wer some particulars
quherein the Committy did more fully debate, they now represent them;
and 1. Anent the Westland Remonstrance the Committy thought they did
rightly and wisely; _2ly_, Anent the first querie, that they answered
rightly and wisely; _3ly_, Anent the Answer to the King’s Letter they
did rightly; 4, Anent the Answer to the bretheren of Stirling they did
wisely; 5, Anent the Commissioners Letter to Presbytrys and their act
for citing of unsatisfyed bretheren they did rightly and wisely; 6,
Anent their Answer concerning the repealing the Act of Classes, that
they did wisely and rightly, only the Act the 13 of August about the
stating of the question, quhereupon the shouldiers should fight, that
the Committy was not clear enough.
Then the present Modʳ asked a number of the members concerning
their whole opinion of the whole procedure of the Commission; soe
all that wer asked being many, and the most considerable members
sitting answered, they were satisfyed with the whole procedure of
the Commission; only some of them said they wer not clear concerning
the act of Agust 13; and the most of all said the Commission of the
Kirk wer censurable in regard of their too much lenity in reference
to the persons who had opposed the publick resolution. Only among all
the Members of the Assembly, Mr Jo. Dickson, Mr Rob. Fergison, Mr Ja.
Nisbet, Mr Alexʳ Gordon, Mr Thomas Lundy, being asked of their opinion
anent the Publick Resolutions, declared themselves unsatisfyed in
taking men into places of power and trust, contrary to the Covenant
and solemn engagment. And Mr Tho. Lundy being the first of the former
5 that was interrogate of his opinion, propounded his objections in
the name of the rest very acuratly; especially he urged ane argument
from the Engagment, viz., how we could acknowledge it a sin to put
malignants in places of trust in armys, and promise, in the obligatory
part, not to doe the like again?—how these, by the Publick Resolutions,
are reconciled? _2ly_, How the Commissioners Act for excomunication
of these who rose last in the north untill the Assemblie could be
compensate with to be violate and the act not stand? _3ly_, He objected
that that word in the querie “notoriously scandalouse” was contrary
to that of the engagement, viz., of knowen integrity; and this he
confirmed by the first of the three objections: but the truth is, noe
satisfactory answer was given. And the rest of this bussiness was
referred to the afternoon. But here mark, that the Moderator of the
Committy gave the opinion of the Committy for approbation of all
before one man’s opinion in the Assembly was sought, quhich, in such
debatable matters, might seem to be a prelimitation of the Assembly.
Sess. 10.—July 24.
It being propounded that all papers might be read, the Westland
Remonstrance was read with the Commissions sence thereupon. In the
midst of the reading of the Remonstrance came in Mr Ja. Wood, and
desyred, that seeing he heard ther was a brother, viz., Mr Thomas
Lundy, quhich proponed some objections in the forenoon quhich he heard,
according to the propounders opinion wer not sufficiently answered,
that again they might be proponed.
The Moderator desired him to remove untill the present bussiness was
done, and then he and others in the Commission should be called upon;
soe, after the reading of the Remonstrance with the Commissions sence
thereupon, Mr Ja. Wood, Mr Douglasse, Mr Dickson, was called in upon,
and Mr Tho. Lundy was desired to propone his former objections, to the
quhich he replyed modestly, that he was not fitt to debeat with such
able men, grave men, befor such a judicatory; yet, least he should seem
to refuse satisfaction, he would propone, and the former 3 answered;
but the strenth of their answer did run to the point of necessity, but
that was not satisfactory to the former. After long dispute, Mr Tho.
objecting, and these answering, the debate ceased.
After this, Mr Robᵗ Fergison proponed ane objection to this purpose;
that the Commission of the Kirk had not stood for the libertys of the
same, in regard they did not bear testimony agˢᵗ the Estates confining
the Ministers of Stirling for supposed error in doctrine, ther being
noe precedent judgment of the Kirk condemning their doctrine.
Mr Douglasse answered, that they wer not confyned by the State, but
only amicably desired to stay at Perth till the King’s return, he being
gone to Aberdeen.
After this, the present Moderator proponed if there wer any more that
had any scruple to propone. Mr Murdoch, Mr MᶜKenny, and Mr Dav. Forret,
said Mr Alexʳ Gordon was unsatisfyed in some parts, quhich he declared
befor noon, and desired him to propone them.
Mr Alexʳ answered he would doe quhat he had engaged, to propone them
in a more privat way to the Members of some of the Commission quhom he
thought most able for answering.
After this, the Moderator proponed that they might fall upon the Act of
the 13 of Agust, seeing there was noe more to doe anent the report of
the Committy anent the Commissions proceedure.
The King’s Commissioner said, that in regard that act did nearly
concern the King, he proponed that the Assembly might vote the
approbation of all the rest of the procedure of the Commission, and
leave that untill he should speak with some of the Members of the
Commission in privat. This did breed much debate, for some would
have had the King’s Commissioners desire, it being soe reasonable,
granted; others objected that there was noe such preparative for the
division of the approbation of the Commission Books, soe, after much
debate, they did strick this midst in it, that presently the Lord
Commissioner should goe apart and speak with some of the Members of
the Assembly, and they in private agreed upon a sense that Act should
have in all tymes coming, quhich the Assembly agreed unto; after
quhich the Moderator proponed the voicing of the whole procedure
of the Commission. The question was stated, Approve or not? Soe the
whole Assembly voiced approbation of all and evry part of quhat the
Commission had done, with the largest commendation that ever any
Commission gote—except these 7 following, who votted, not approve, viz.
Mrs Tho. Lundy, Jo. Dickson, Ro. Fergison, Ja. Nisbit, Alexʳ Smith,
Alexʳ Bartrim, Alexʳ Gordon.
After this, the Moderator [Douglasse] took his chaire, and they read the
causes of their fast. The main wer the insolent attempt done upon the
Commission; _2ly_, The defeat of our party. And then this Session ended.
The nixt morning they fell on the contraverted Commissions, and soe
they concluded that the election of Commissioners for Glasgow and
Stirling that remained should be susteaned, and the other election, who
deserted, should be rejected.
A little after, the enimy marching towards St Johnstoun, by quhich
way to have access to Dundee quhere the Assembly was conveened, the
Assembly arose and dispersed themselves the best way they could
for escaping the enimie and their own safty; yet some of them,
notwithstanding, did fall into the enemies hands as Mr Rob. Douglass,
Moderator, and some others.
_This account was wrote by Mr Alex. Gordon, the only surviving member
of this Assembly, and taken of his originall MSS. wrote during the
Assembly, transcribed and collated Jan. 12, 1703, by_
R. WODROW.
* * * * *
1651.
_Acts of the Assembly 1651, and other Documents, extracted from the
Controversial Pamphlets of the Time, but never recognised or printed
among the Acts of the Church since the Revolution._[447]
No. I.
_Unto the Moderator and Brethren Assembled at St Andrews, The humble
Representation and Desire of the Ministers of the Gospel, under
subscribed._
Amongst the many sad tokens of the Lords indignation and wrath against
this Church, the present unhappy differrences of His Servants of the
Ministry is looked upon by Us, and We beleeve by all the Godly of the
Land, as one of the greatest: And as We hold it a Duty lying upon Us
to be deeply humbled before the Lord in the sence thereof, and in our
Stations and Callings to endeavor, by all lawful and fair means, the
remedy and removal of the same; so we acknowledge a free Gen. Assembly,
lawfully called, and rightly constitute, and meeting together in the
Spirit of the Lord Jesus Christ, and proceeding with Meekness and Love
according to the Rule of His Word, and Constitutions of this Church,
to be amongst the first and most effectual Remedies appointed of God,
for attaining of these ends. Therefore considering that the Election
of Commissioners for the Assembly hath been in many places limited
and prejudiced in the due liberty and freedom thereof, by the Letter
and Act of the Commission of the last Gen. Assembly, to Presbyteries
appointing such as remain unsatisfied with, and bear testimony against
the Publick Resolutions, to be cited to the General Assembly; which
upon the matter, hath in many Presbyteries really obstructed the
Electing of such, though otherwise men of approven abilities, and
constant faithfulness and zeal for the Work of Reformation since the
begining thereof: and that many Elections are questionable, some as
containing persons not in a capacity to be chosen by the Acts of this
Church, and some as not being made in a due order and right way; and
that many Commissioners of Presbyteries and Burroughs are absent, some
of them wanting free access, by reason of the English lying in the
Country, and some upon other impediments and occasions; And remembring
that such Reasons have formerly had weight in point of Discussion
of the validity of some Assemblies, and may still be looked upon as
important and weighty, by these who may happen not to be satisfied
in their consciences with your proceedings. We did with all humble
earnestness, and in the bowels of the Lord Jesus Christ, desire and
beseech you for Truth and Peace sake; and that further mistakes and
divisions may not be increased unto the prejudice of the Lords Work,
and rejoycing of Enemies, and sadding the hearts of His People, That
the Diet of the Gen. Assembly may, by the common consent and advice of
the Brethren now met together, be adjourned for some competent time;
and that by the same mutual advice and consent it may be declared, That
the Letter and Act of the Commission ought not to be any prejudice to
these who remain unsatisfied with the Publick Resolutions, why they
may not be chosen Commissioners to the General Assembly; And that
such Presbyteries as shall think fit, may make their Elections of new
again, especially these Presbyteries whose Elections of Commissioners
are questionable, to whom we desire it earnestly to be recomended,
that they would in an unanimous way make choice of men of approven
abilities and integrity, and against whom there can be no exception by
the Acts and Constitutions of this Church. And in the last place, We
do humbly represent and desire, that in the interval of time betwixt
this and the Dyet, to which the Assembly shall be adjourned, there may
be a Solemn Publick Humiliation throughout the Land, wherein God may
be intreated to shew us why He contends with us, and to give light and
clearing on all hands concerning the present differences of judgment,
and distempers of spirit that are amongst us, that we may be of one
mind, and one heart, for the carrying on of the Work of God amongst His
People; And Your Wisdoms Answer.
_Subscribed by sundry Ministers of the Gospel._
* * * * *
No. II.
_Protestation against the Lawfulness of the Assembly._
St Andrews, July 18, 1651.