to her pure Ordinances, we trust shall be acknowledged by us whilest
we live, with thankfulness to the Most High, of whom we desire mercy
and grace to adhere unto the Doctrine, Worship, Discipline, and
Government established in this Land: Amongst the many sad tokens of
the Lords Indignation against this Church, The present Differences
of His Servants of the Ministry is looked upon by us as one of the
greatest: And as we hold it a duty to be deeply humbled before the
Lord in the sence thereof, and by all lawful and fair means within
the compass of our power and station to endeavor the remedy thereof;
so we do acknowledge a free General Assembly, lawfully called, and
rightly constituted, and proceeding with meekness and love in the
Spirit of the Lord Jesus Christ, according to the Rule of the Word,
and the Acts and Constitutions of this Church, to be amongst the
first and most effectual means appointed of God, for attaining this
end, and for preserving the purity, and advancing the power of the
Work of Reformation in this Age, and transmitting the same to our
Posterity, and to the Ages and Generations that are to come. But as
the faithful Servants of God in this Church in former times, did
by His good Hand upon them in the right administration of free and
lawful Assemblies, bring the Work of Reformation in Scotland unto a
great perfection, and neer conformity with the first pattern: So,
unfaithful men minding their own things more then the things of Christ,
and usurping over their Brethren and over the Lords Inheritance, did
deface the beauty thereof, first by encroaching upon the liberty
and freedom of Assemblies; afterwards by taking away the Assembly
themselves. Therfore, remembring the many bonds and obligations that
lie upon us before the Lord, and being desirous to be found faithful
in this day of temptation, and to exoner our consciences as in His
sight, and to avoid accession to that guiltiness in which many have
involved themselves, and conceiving that this present Meeting is not
a free lawful Gen. Assembly of the Church of Scotland, in regard that
the Election of Commissioners to the same hath been pre-limited and
prejudiced in the due liberty and freedom thereof, by a Letter and Act
of the Commissioners of the last Gen. Assembly sent to Presbyteries
appointing such Brethren as, after conference, remain unsatisfied with
and continue to oppose the Publick Resolutions, to be cited to the
General Assembly; And in regard that Commissioners from many Burroughs
and Presbytries are absent, as wanting free access, by reason of the
motion of the——; and in regard that many of the Commissioners of the
former Assembly, who have carried on a course of defection, contrary
to the trust committed to them; and who in their Remonstrances and
Papers have stirred up the Civil Magistrate against such who are
unsatisfied in their consciences with their proceedings, and who have
by their Letter and Act prelimited the Assembly, are admitted to sit
and vote as Members of the Assembly, and their Moderator appointed to
be Moderator of the Assembly, notwithstanding that timous exception
was made against them, that they ought not to be admitted as Members
of the Assembly, until their proceedings were first tried and approven
by the Assembly; And in regard that his Majesty by his Letter, and his
Majesties Commissioner by his Speech to the Assembly hath incited to
hard courses against those who are unsatisfied in their consciences
with the proceedings of the Commission, before these proceedings be
tried and approven by the Assembly it self. We do upon these and
many other important grounds and Reasons to be propounded and given
in, in time and place convenient, protest in the name of the Church
of Scotland, and in our own Names and in the Name of all Ministers,
Ruling-Elders and Professors of this Church, who do or shall adhere
to us against the validity and Constitution of this Assembly, as not
being free and lawful, and that they may not arrogat nor assume to
themselves any authority, nor exercise any power or jurisdiction for
determining of Controversies, making of Acts, emitting of Declarations,
judging of Protestations or Appeals, or proceedings of Synods or
inferior Judicatures, or censuring of Persons or Papers, or issuing
of Commissions of whatsoever sort, to any persons whatsoever; and
particularly we protest, that they may not proceed unto the approving
or ratifying of the proceedings of the former Commission, not only
because of their want of just power and authority so to do, but also
because these proceedings contain many things contrary to the trust
committed to these Commissioners, especially the allowing and carrying
on of a conjunction with the Malignant Party, and bringing them in
to places of Power and Trust in the Army, and in the Judicatures,
contrary to the Word of God, the Solemn League and Covenant, the Solemn
Confession of Sins and Engagement to Duties, the constant tenour of
the Declarations, Warnings, Remonstrances, Causes of Humiliations,
Letters, Supplications, and Acts, and Constitutions of this Church,
and the laying of a Foundation for the Civil Magistrate to meddle with
Ministers in those things which concern their Doctrin and the exercise
of Ministerial Duties before they be cited, tried, and censured
by the Judicatories of the Church. And we protest that whatsoever
Determinations, Acts, Ratifications, Declarations, Sentences, Censures,
or Commissions that shall be made, or given out by them, may be void
and null, and may be interpreted as not binding to the Church of
Scotland, and that notwithstanding thereof it may be free for us,
and such as adhere to us, to exercise our Ministerie, and enjoy the
warrantable Christian liberty of our consciences according to the
Word of God, the National Covenant, and Solemn League and Covenant,
and Solemn Engagement to Duties, and all the Acts and Constitutions
of this Church; and that there may be liberty to chuse Commissioners,
and to conveen in a free lawful General Assembly, when there shall be
need, and the Lord shall give opportunity, and to add what further
Reasons shall have weight for shewing the nullity of this Assembly,
and the unwarrantableness of the proceedings of the Commission of the
former Assembly. And that these Presents may be put upon Record by the
Clerk in the Regesters of the Assembly, to be extant _ad futuram rei
memoream_, and that we may have subscribed Extracts thereof under the
Clerks hand.
* * * * *
No. III.
_Instances of the Influence that the Letter and Act of the Commission
of the Gen. Assembly 1650 had upon several Presbyteries and Synods,
and upon several persons therein, in the Election of Commissioners
to the Assembly 1651, and in the Citing of these of their Number who
were dis-satisfied with the Publick Resolutions as they are attested
out of the Registers, or by Members of these Presbyteries and Synods,
who were Witnesses to their Proceedings in these things._
1. _Instance in the Presbytery of Jedburgh._
The Letter and Act of the Commission of the Gen. Assembly 1650,
concerning the Citing of such of their Number as were Opposite to the
Publick Resolutions, came to the Presbytery of Jedburgh, before the
chusing of their Commissioners to the Assembly: At the time of the
Election, the Presbitery after the reading therof, did in obedience
thereto, make enquiry, who of their Number were not satisfied with
the publick Resolutions; and finding that Mr John Livingston, Mr Ja.
Ker, and Mr Jo. Scot, were dis-satisfied with these Resolutions,
they did appoint Conference with these Brethren in order to their
satisfaction, by reading of some publick Papers, refusing any other
way of Conference unto them; after which, they went on to the Election
of their Commissioners, passing by these dis-satisfied Brethren, and
Citing them by vertue of the Act of the Commission, to Compear before
the General Assembly to be holden at St Andrews the ______ day of July,
1651.
2. _Instance in the Presbyterie of Dunkel._
The Presbyterie of Dunkel having chosen such of their number to be
Commissioners to the General Assembly 1651, as were in their judgments
opposite to the publick Resolutions; some of the Presbytery dissented
from the Election of these persons upon the ground of their being
uncapable to be Commissioners, because of an Act of the Commission for
citing of such to the Assembly, and urged, That the Dissent, and ground
thereof, might be marked in the Presbytery-Book, to be judged by the
Synod.
3. _Instance in the Synod of Perth._
The Synod of Perth, which met in June 1651, having received and read
the Letter, and Act of the Commission, concerning the citing these
who were opposite to the publick Resolutions, did find it incumbent
unto them for satisfying the said Letter and Act, to appoint the
several Presbyteries within their Bounds, and where the plurality of
the Presbytery was dis-satisfied with the publick Resolutions, some
nominated by themselves to Confer with dis-satisfied Brethren; and
in case of their not receiving satisfaction by Conference, to cite
them to the Gen. Assembly at St Andrews, from which Act of the Synod,
such dis-satisfied Brethren as were present, who were about eight or
nine, did Dissent, and were therfore cited _apud acta_ by the Synod,
to Compear before the Assembly, because of their opposition to the
publick Resolutions: and concerning the rest who were absent, it was
ordered by the Synod, That personal Summons should be sent unto some
of them, and that others of them, in case of their not being satisfied
by Conference, should be cited by their respective Presbyteries, and
such as were appointed to Confer with them: At the same time, the Synod
taking in consideration the Dissent of some of the Members of the
Presbytery of Dunkel, and the grounds thereof, from the Election of
their Commissioners, did sustain the same, and appoint the Presbitry to
make a new Election.
4. _Instance in the Presbytery of Kirkaldie._
The Presbyterie of Kirkaldie, having received and read the Letter and
Act of the Commission, did thereafter and in order therto, refuse to
subscribe the Commission of Magnus Aytoun, then chosen Commissioner
to the General Assembly by the Town of Brunt-Iland, because when his
Commission was presented to the Presbitery, he was not present to
declare his judgment concerning the publick Resolutions. The same
Presbytry did by vertue of the same Letter and Act find themselves
oblidged to Refer or Summon two of their number, to wit, Mr Alex.
Muncreiff, and Mr George Nairne to the General Assembly, because of
their being dis-satisfied with the publick Resolutions, but remembring
that these two had a little before that time Dissented from an Act
of the Synod of Fife, appointing such Ministers in the Bounds of
that Synod as were dis-satisfied with the publick Resolutions, to be
referred to the General Assembly, did find that they were obliged to
compear before the Assembly, to give in the Reasons of their Dissent
from that Act; and therfore the Presbytery did draw up a Paper
mentioning their regard to the Act and Letter of the Commission, and
also bearing the Dissent of these two Brethren, and that they judged it
not necessary to summon them, who were already by their Dissent obliged
to compear; and this Paper they did deliver to their Commissioners,
appointing them to present it to the Assembly.
5. _Instance in the Presbytery of Glasgow._
The Presbytery of Glasgow did choose Commissioners to the General
Assembly 1651, before the Letter and Act of the Commission came to
their hands, from which Election some of their Number did Dissent
upon this ground amongst others, because the persons chosen were of
a contrary judgment to the publick Resolutions, and that they knew
that the Commission of the General Assembly was to send some publick
Directions to the Presbitery anent that matter, and the dissenting part
of the Presbitery, though the smaller number by many, did thereafter
make a new Election of their own, and did cite some of these of the
Presbitery who were opposite to the publick Resolutions, to compear
before the Assembly upon the ground contained in the Letter and Act of
the Commission; and some of the same Dissenting part of the Presbitery,
who were frequently with the Commission, in promoting these Affairs,
did send the Letter and Act of the Commission inclosed in a Letter of
their own to two of the Brethren of the Presbitery of Lanrick, advising
them, That before the Election of Commissioners in their Presbitery,
they should cause read the Letter and Act of the Commission, and
endeavor to carry on the Election accordingly; and that if they could
not attain this, that then these of their Number who did approve of the
publick Resolutions, should make a New Election amongst themselves, and
leave it to the Assembly to judge which of the two Elections was valid;
signifying withal unto them, that they had done so in the Presbytery of
Glasgow.
6. _Instance in the Presbitery of Biggar._
The Letter and Act of the Commission 1650, concerning such as did
Differ from the publick Resolutions, came to the Presbytery of Biggar,
and was publickly read therin before the chusing of their Commissioners
to the General Assembly; and thereupon Interogators were made to the
Brethren, for trying of their judgment anent the publick Resolutions,
that these who profest themselves dissatisfied therewith, might be
rendered uncapable to be chosen Commissioners to the General Assembly.
7. _Instance in the Presbytery of the Merns._
The Presbytery of the Merns, having chosen the Lord Arbuthnet in his
absence from the Presbytery, to be Commissioner as Ruling Elder to the
General Assembly 1651, did send two of their Number unto him to take
his Oath to be faithful in that imployment; and withal, to take tryal
whether he were satisfied with the publick Resolutions; and to signifie
to him, That if he were not satisfied with these Resolutions, the
Presbytery could not be answerable to give him a Commission for sitting
in the Assembly, but behoved to chuse another.
These Instances may suffice for verifying of what is alleadged in the
former Debates concerning the influence that the Letter and Act of
the Commission of the General Assembly had upon several Presbyteries
and Synods and Persons therin, in the Election of Commissioners to
the Assembly 1651, and in Citing of these who were Dis-satisfied with
the publick Resolutions, and therefore it shall not be needful to
trouble our selves or the Reader with the bringing and setting down
of more of this kind.
No. IV.
_Papers betwixt the Assembly and Committee_ [_of Estates_.]
_Offers and Desires from the Committee of Estates, Presented by the
Earle of Glencarn, the Thesaurer-Depute, and Archibald Sydserf, to
the Gen. Assembly._
As we cannot but with sad hearts regrate that notwithstanding of
the many endeavors of, and great pains taken by the Parliament and
Committee of Estates, for removing of Differences, and offering all
just satisfaction to the Desires of the Commissioners of the General
Assembly concerning the necessity and lawfulness of this present
Engagement; yet they have all hitherto proven ineffectual, and
Divisions betwixt us are rather increased, then lessened; so we cannot
but here promise to our selves better Success from the wisdom of this
grave and venerable Assembly, especially whilst our consciences bears
us witness, that in all our undertakings we have nothing before our
eyes but the glory of God in the first place; and in the second, the
good and preservation of Religion; and next therunto, the safety of
his Majesties Person now in danger, and the pursuance of the same
ends of our Covenant which hath been sealed with the blood of so many
of our friends and country-men: And that our sincerity and reallity
in all these may be manifested to all the world, we are content now
again at this time, not only to renew all these offers which were
formerly made by the Parliament to the Commissioners of the Gen.
Assembly, for the security of Religion; but hereby we offer to grant
what further security the General Assembly shall be pleased to demand
in reason of us for Religion: And although we cannot lay negatives and
restrictions on the King, but must, as obliged in conscience and duty,
endeavor his Rescue, that he may come with honor, freedom, and safety
to some of his Houses, in, or about London; yet we are most willing
to give what Assurance can be demanded for our selves and our Army,
even by an solemn Oath, if so it shall be thought fit by the General
Assembly, that we shall not be satisfied and lay down Arms, until
Religion be secured in all his Majesties Dominions, according to the
Covenant: Therfore out of the deep sense we have of the great danger
that the further growth of these Divisions may bring to Religion, the
Kings Majesty, and to these who doth sincerly wish the settling of
Presbiterial Government in all his Majesties Dominions, We cannot but
desire you seriously to weigh the sad Consequences may ensue, if, at
this time there be not found amongst you, some who will endeavor to
heal, and not to make wider the Breaches betwixt Church and State,
to remember that no such effectual help can be yeilded at this time
to that ___________ _______ as to have the hearts and consciences of
the people preposessed with prejudices against the Resolutions of
the Estates and their so pious and necessary Engagment. And for this
cause, to the end these unhappy Differences may spread no further,
we do intreat you would be pleased to appoint some of your Number,
to meet with such as shall be appointed by us, for Composing these
mis-understandings betwixt Church and State: And likewise for so
cleering the Marches betwixt the Civil and Ecelesiastick Power in
these Questions hath been Debated betwixt the Parliament and the
Commissioners of the Gen. Assembly; as the Kirk may be freed of all
scandals in medling with Civil Business, and the Estates from the
scandals of Erastianism: And seeing our desires herein are only to
remove all jealousies betwixt the Church and State, and to witness to
the world our unfained intentions to do al that is in our powers for
the most satisfaction of the Gen. Assembly, We do desire that ye would
be pleased to forbear the emitting of any Declaration either to this
Kingdom, or the Kingdom of England, relating to our present Engagement
and proceedings, considering how unseasonable it may prove whilst our
Army is in the Fields against the great obstructions of any Enemies to
our Reformation, to do any thing may encourage and strengthen the hands
and hearts of that __________ who doubtless will encourage themselves
in their own wayes, the more they have ours disaproven by you: And
as their unhappy differences and divisions have already so wrought
upon the hollow hearts of some of our Countrymen, as to move them to
rise in Arms against the Parliaments Forces, and of some to run and
joyn themselves with these ______ _______ so much the more wil these
______ be strengthned and encouraged against us by their hearing of
our Divisions: We do likewise desire, That before the Gen. Assembly
proceed to any approbation of the actions of the Commissioners of the
Gen. Assembly, That in these things that may relate to the present
Engagement and to these Questions [that] hath been Debated betwixt the
Parliament and them, we may be first hard. All these we desire for no
other end, but that these untimely Differences and Rents now grown to
so great a height as that they threaten the ruin both of Church and
State, may by the blessing of God in the spirit of Meekness be cured
and bound up, That neither Malignants on the one hand may have occasion
to laugh at our Divisions, nor ______ on the other hand encouraged and
strengthned against us: But that we (as formerly) may go on in one way,
being all engaged in one Cause for one and the self-same Ends; And so
may receive a blessing from the Lord of Peace and Order (which hates
the instruments of Division and Confusion) upon all our endeavors, for
advancing the blessed work of Reformation, and for bringing to an happy
end all the Miseries and Confusions now, which these Lands bath been so
long tossed and consumed with.
Before the Assembly give any Answer to the Paper produced from the
Honorable Committee of Estates, The Assembly thinks fit to enquire
at the honorable Persons who presented the Papers, If the Committee
of Estates have any new Objections against the Proceedings of the
Commission of the late Assembly, or only the same Objections made by
the Parliament, or their Committees before.
_Sic subscrib._
A KER.
The Committee of Estates do make this Return to the Paper of the Gen.
Assembly, That they have just and material Exceptions against the
proceedings of the Commissioners of the Gen. Assembly, besides any
formerly made by Parliament or Committee of Estates.
The Assembly continues until the morn at ten hours that Examination
of the Proceedings of the Commission of the late Assembly, and do
appoint that time for Hearing any New Exceptions the Committee
of Estates hath to give in against the Proceedings of the said
Commission.
_Paper sent into the Assembly._
Whereas it hath been the constant Care and Endeavor of the Parliament
and Committee of Estates, To use all means for removing and setling
the Differences betwixt the Church and the State; and in pursuance of
that good way, The Committee did yesterday give in some new Desires
and Offers to the Gen. Assembly, That some might be appointed to
meet and confer with such as should be appointed by the Committee
therupon: But since instead of imbracing and laying hold of this
opportunity of composing Differences, The Gen. Assembly doth proceed
toward an approbation of the proceedings of the Commissioners of the
Assembly, wherby we conceive all hopes of making up the Breaches will
be removed, and the prejudices will be great that will thereby ensue
to this cause and Kingdom; For preventing whereof, we hold our selves
obliged again, to desire you, as you tender the furtherance of the work
of Reformation, the Good, Peace, and union of the Kingdoms, and the
composing of all Differences and Jealousies, that you would apply your
selves to these our Desires, and appoint some of your Number to confer
with us therupon for the Exceptions we have against the proceedings of
the Commissioners of the Gen. Assembly: We have confidence a Conference
may preveen the same, and are more willing not to give them in at all,
or at least only to give them in to those you shall appoint to confer
with us, that if it be possible Differences may yet be removed, then
that we be necessitate to appear in publick amongst them: And that
this and our former Paper may remain as a testimony of our Desires for
Unitie and Peace, we desire that they may be Recorded in the Books of
the General Assembly.
The Assembly do give this humble return to the Papers sent this
day from the Hon. Committee of Estates, That they are most willing
to appoint a conference with any of their Lordsh. number, but that
according to the Order and Acts of former Gen. Assemblies, they
conceive themselves obliged, first to examine the proceedings of the
Commission of the late Gen. Assembly, and thereafter shall be willing
to confer, being also now ready as of before to hear Exceptions, if
there be any, against the proceedings of the said Commission.
_Subscrib._ A. KER.
The Committee of Estates understanding that the Gen. Assembly is to
proceed to the examination of the proceedings of the Commissioners of
the late Gen. Assembly in order to an approbation before they agree to
a Conference; and the Committee being to give in their just exceptions
against the proceedings of the said Commissioners, do desire the Gen.
Assembly to allow some few dayes delay to the Committee to prepare
their Exceptions before the Assembly proceed in the Business.
The Assembly continues the examination of the Proceedings of the
late Gen. Assembly until four afternoon, and appoints that time for
Hearing any new Exceptions the Honorable Committee of Estates have to
give in against the Proceedings of the said Commission,
_Subscrib._
A. KER.
The Committee of Estates finding it impossible in so short a time
to prepare their Objections against such of the proceedings of the
Commissioners of the General Assembly, as relates to their Engagement:
and yet being most willing to essay all fair means for procuring an
happy Understanding betwixt Kirk and State, are content to appoint some
of their Number to meet with such as shall be appointed by the General
Assembly for Composing of Differences betwixt the Church and State,
without prejudice to them to use all their just Objections against the
proceedings of the Commissioners of the late General Assembly, if the
Conference shall not produce these happy Effects they earnestly wish.
The General Assembly unto the Motion sent this afternoon from the
Honorable Committee of Estates, Do return humbly this Answer, That
they yeeld to their Lordships Desires of a Conference, and for this
end appoints Mʳˢ David Calderwood, David Dickson, Robert Douglass,
Andrew Cant, John Moncreif, John Smith, and John Mac Clelland,
_Ministers;_ and the Earl of Cassilles, the Earl of Louthian, Lord
Balmerino, the Lairds of Moncreif and Freeland, with the Moderator
to confer with any appointed by the Honorable Committee of Estates,
at such time and place as shall be appointed by their Lordships,
upon the present Dangers to Religion and the Cause of God, the great
prejudices done to the Liberties of the Kirk, and the best remedies
thereof: And to Report the Result of their Conference from time to
time: And they have also Power to receive any Offers or Papers from
the Honorable Committee of Estates, and to present the same to the
Assembly: Declaring that the proceedings of the Commission of the
late Assembly being now exactly tryed, and unanimously approven,
there is no place left for any Objections against the same.
_Subscrib._
A. KER.
* * * * *
No. V.
_Act at Dundee approving the Proceedings of the Commission of the
former Assemblie._
July 24, 1651. Post meridiem.
The Generall Assembly having considered the report of the Committee
appointed for revising the Proceedings of the Commission of the
preceding Assembly; and having also heard the doubts and objections of
diverse Brethren, against their Acts and resolutions after-mentioned,
after due examination, long and much debate and mature deliberation,
The Assembly findes the zeal, diligence, wisdom, and faithfulnesse
of the said Commissioners in the discharge of the trust committed
unto them, very great, and in the manifold difficulties of this last
years great and dangerous occasions, their watchfulnesse and labours
to have been very singular and more then ordinary: And therefore do
approve their Acts and Proceedings, especially their sense of the
Western Remonstrance, Perth Novemb. 28, their Answer to the Parliaments
Quære, anent the more generall calling forth of the People, Perth
Decemb. 13, their Solemn Warning, Perth Jan. 6, their Answer to the
Letter of the Ministers of the Presbyterie of Stirling, Perth Jan.
6, their Answers to the Letters from other Brethren and Presbyteries
in relation to Publick Resolutions; their Answer to his Majesty, and
Committee of Estates Letter anent the Protestation of the Ministers of
Stirling, Perth March 18; their Act concerning the opposers of Publick
Resolutions, and Letter to Presbyteries thereupon; their Answer to the
Quære anent the Acts of Classes. And in these and the rest of their
proceedings, do judge them to deserve high commendation. Onely the
Assembly having considered their Act and Declaration of August 13,
1650, at the West Kirk, finding that some have already made ill use of
the same: And to the end that it may not hereafter be to any a ground
of unwarrantable proceeding in reference to the Kings Majesty, or any
of his Successors, Declare, that the said Act and Declaration shall not
in any time coming be interpreted to have any other meaning, then that
the Kings Interest is not to be owned but in subordination to God, the
Kirk being ever willing, as their duty is, to own and maintain in their
station, his Majesties Interest in that subordination, according to the
Covenants. And the Assembly Ordains Master Robert Bailzie Moderator
_pro tempore_, to return to their said Brethren hearty thanks in the
name of the Assembly, for their great pains, travell, and fidelitie.
_Sic subscribitur_, A. KER.
No. VI.
Dundee, Julii 21, 1651. Ante mer. Sess. 19.
_Act for censuring of those who do not acknowledge this present
Assembly, and do not acquiesce to the Acts thereof, &c._