The Generall Assembly considering that all persons who protest against,

and decline the authority of the General Assembly, are censurable by

the Acts and Constitutions of this Kirk, with the highest censures

thereof, and that by the Act of the solemne General Assembly of

Glasgow, 20 Decemb. 1638, Sess. 26, Presbyteries and Provincials are

ordained to cite and censure all such as would not acknowledge the said

Assembly. And the Assembly being very sensible of the prejudice this

Kirk may suffer in her Liberties and Priviledges, by the beginnings of

such practices (if they be not timeously prevented and restrained.)

Therefore according to the practice and example of the said Assembly,

They ordain Presbyteries and Provinciall Assemblies, to call before

them all persons that do not acknowledge this present Assembly, and to

censure them according to the degree of their contempt and obstinacie

to the Acts of this Kirk: And the Assembly having also considered that

by the afore-mentioned Act of the Assembly of Glasgow; and another Act

of the said Assembly, Decemb. 18, Sess. 24, Presbyteries are ordained

to proceed against these that do not acquiesce to the Acts of the said

Assembly, and that refuse themselves, or draw others from the obedience

of the Act of the General Assembly, in manner mentioned in the said

Act. Therefore do ratifie and approve the said Acts, and declare, that

they are to be extended against Ministers censured by this Assembly,

and all those that oppose the Publick Resolutions thereof. Ordaining

also Presbyteries and Provincial Assemblies, To call before them all

persons that shall not acquiesce to the Acts and Constitutions of

this present Assembly, and to deal with them by conference for their

satisfaction. And if in their conference with them they shall still

oppose the Acts and Conclusions of this Assembly, That they censure

them according to the degree of their offence and obstinacie to the

Acts of this Assembly. And where Presbyteries are negligent or wanting

herein, the Assembly appoints the Commission appointed for Publick

Affairs, to proceed against the said offenders respective, and to

censure them in manner above specified, giving unto them full power for

that effect.

* * * * *

No. VII.

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

_Act against Expectants who oppose the Publick Resolutions._

The General Assembly understanding the scandall and prejudice of

practices and carriage of some Expectants and students, attenders of

families, for performance of religious duties by their private or

publick opposing Publick Resolutions: For removing whereof, they do

extend the Act of the Assembly 1640, Sess. 10, against expectants,

refusing to subscribe the Covenant and the censure therein specified,

against all expectants, students in Divinity, and attenders upon

families for religious duties, that shal not acknowledge the General

Assemblies of this Kirk, and this present General Assembly, and that

shal not acquiesce to the Acts and Constitutions thereof; and do ordain

them to be removed from Bursaries, and to be discharged from publick

preaching and catechising in Congregations and families, and from

all other privileges and liberties allowed to expectants; appointing

Presbyteries and Provincials to proceed against them accordingly.

* * * * *

1651.

_Excerpts from The Waters of Sihor, or the Lands Defectione; By James

Guthrie._[448]

[Page 66.]

The Comissione of the Generall Assemblie, in their answer to the Letter

of the Presbytrie of Stirline, from Pearth, Jan. 6, 1651, plead—“That

it is not only lawful but a necessar duety, to raise these men in

airms, pag. 7; That they must be called and allowed to rise in airms

for their own defence, and for the defence of the country, pag. 11;

That we may warrantablie associate with them, pag. 11, 12; That it is

not against the solemne ingadgment to deuties; that being but a humane

law and Resolutione, which must yeeld to this case that is warranted

by the law of nature, pag. 13, 14; That it gives no incouradgment to

sectaries, pag. 16, 17; That there is no cause to be affrayed of God’s

indignatione upon the account of imploying such, p. 17; That, what ever

be the event, there will be more peace and comfort to us by making use

of such means, than any furder calamity should come upon the land,

they not being made use of, p. 18; That it were a tempting of God and

transgressing against warrantable Christian prudence, not to make use

of them in the case wherein we then stood, p. 6; That the danger of

making use of such is not certain and inevitable: That it is not so

apparent and great, page 18; That yᵉ scandall is not given but taken,

p. 16.” The same things are repeated in the Solemne Warning to all the

Members of this Kirk. Pearth, Jan. 11, 1651.

That these things doe inferr and contradict the things cited before

these resolutions, I think, is manifest and obvious:—what the one makes

sin the other makes duety. And then the writer goes on to contrast the

documents and point out their inconsistency.—[Page 75.]

The Comissione, in their warning at Pearth, Jann. 7, 1651, and in their

Remonstrance at Pearth, Jann. 25, 1651, doe clearly insimulate them of

complying with the adversaries. In the 4 pag. of the Warning, they give

this advertishment: “We exhort, and, as the servants and messengers

of Jesus Christ, doe, in his name, charge the Kirk and people of God

in this kingdome, to avoid all sorts of complying with the enemy,

whither by speaking favourablie of them and their wayes, or speaking

disrespectively of the publick just and necessary Resolutions and

proceedings of Kirk and State, for opposing their wicked design.”

Now these Resolutions are the same in questione, against which sundrie

Presbytries had then begun to give testimony; and, in the 8 pag. of

their Remonstrance, they give this advertishment to the King and

Comitee of Estates:—“Yee would carefully take head that scrouple of

conscience be not, by some, pretended unto unwillingnes of acting, for

preservatione of the indangered cause and sinking kingdome, and taken

on as a mask to cover the designe of underhand advancing the intrest of

the Sectarian Army.”

In a Letter writen from Pearth, Jan. 16, 1651, they give this order

concerning such:—“We doe hereby require and exhort you to take notice

of them, of whatsoever place or statione, who doe obstruct, speak

against, dissuade, privatly or publickly, from the present levy, or

who, having a calling to speake for it, are silent therein, and to make

report thereof at the nixt meeting of our Commissione at St Andrews,

Jan. 21.”

Upon the 20 of March 1651, they did emitte a Warning at Pearth, to

the Ministers and professors, of this kirk, in qᶜʰ they not only

characteriz the opposers of these Resolutions as Malignants, by

applying unto them the characters that were formerly given by this

Kirk, whereby to know Malignants, but also (beside insinuations made

to the Civill Magistrate, concerning civill censures to be inflicted

upon them, as appears from the 2 and 5 pages of their Warning,) they

doe inhibit all speaking, preaching, writing against these Resolutions,

and stirr up Presbytries to censure all such in their bounds as so doe,

and that by vertue of former Acts of Assemblies against Malignants, for

clearing of which I shall set down a pairt of this warning:—

“Let faithful1 ministers, as messengers of the Lord, stir up others,

both publickly, by free preaching, and privately, by admonishing every

one of his duety, as there shall be occasione, considering that silence

in the publick cause, especially in publick persons not labouring to

cure the dissaffectione of people, not urging them to constance and

patience in bearing of publick burdens, nor too forwardness in the

publick cause, that, speaking ambigously, inclining to justify the

wicked cause, uttering words which savor of dissaffectione, complaining

of the times, in such a way as may steall the hearts of people from

liking good instruments in this work, and, consequently, from Gods

cause; yea, that some read publick orders, and speaks against them

in private conference, are reckoned up among the corruptions and

enormities of ministers in their callings by the Gen: Assem: 1646,

Sess: 10; and because the Commissione of the Gen: Assemb: in their

Remonst: to the Comitee of Estates, July 6, 1643, teaching all true

patriots and professors of religione, that they may learn to discern

and know the Enemies of the Kirk, among other marks of Malignants, give

this, their offering to Presbytries, in all the quarters of the land,

peapers contrair to the Declaration of the Comissioners of the Gen:

Assem: The Gen: Assem: 1645, in their seasonable Warning, 12 Feber:

gave these characters of secret malignants and dis-covenanters, their

slighting and censuring of the publick Resolutiones of this Kirk and

State; their labouring to raise jealousees and divisiones to retard

the executione of what is ordained by the publick judicatories; their

slandering these whom God hes used as his chief instruments in his

work; their drawing of factiones for weakning of the common unione;

their endeavours, solicitationes, and informations, tending to weaken

the hearts and hands of others, and to make them withhold their

assistance from this work, enjoyning such to be weel marked, timeously

discovered, and cairfully avoided, least they infuse their counsels in

the minds of others; wherein they require ministers to be faithfull,

and Presbytries to be vigilant and impartiall, as they will answer the

contrair to God and to the Gen: Assemb: or their Comissioners. The

Gen: Assemb: 1646, Sess: 10, ordains, that, besid all other scandals,

silence, and ambigous speaking in the publick, much more detracting

and disaffected speeches be censured seasonablie. The Gen: Assemb:

1647, Sess: 27, doeth, in the name of God, inhibite the spreading and

dispersing of erroneous books or peapers, pamphlets, lybells, and

letters, requiring all ministers to warn their flocks against such

books in generall, and particular against such as are most plausible,

insinuating, and dangerous; and ordains Presbytries and Synods to

try and process such as shall transgress, recomending to Civill

Magistrate, that they may be pleased to be assisting to ministers and

Presbytries in the executione of this Act, and to concurr with their

authority to that effect. Therefore, for executione of the foresaid

Acts of the Assem: and preventing the eminent danger of Religione, the

people of God, and the kingdome, by practices leading to encourage

the hearts and strengthen the hands of enemies in prosecuting their

wicked purposes, to make faint the hearts and enfeeble the hands of

Gods people, and to seduce their minds with divisive and separating

counsels and principles, according to the power and trust committed

to us, and according to the practise of former Comissiones of the

Gen: Assemb: we doe, in the name of God, inhibite and discharge all

ministers to preach, and all ministers and professors to detract,

speake, or write against the late publick Resolutiones and peapers of

the Comissione of the Gen: Assem: in order to the calling furth of

the people for necessary defence of the cause and kingdome against

the unjust invasione of these enemies to the cause of God and to yᵉ

goverment of this Kirk and kingdome, or to spread letters or any other

peapers against the same, or in any other way to obstruct the service

tending to the preservatione and defence of religione, King, and

kingdome: Requiring ministers to warne their flocks of these peapers

in generall, and particularly such as are most plausible, insinuating,

and dangerous. And we doe seriously recomend to Presbytries, that, with

all vigillancy, they take speciall notice and tryall of such persons

within their bounds, whither such as have their statione there,

or such as, in the troublesome time, have their present residence,

ministers or others, and impartially proceed against them, as they will

be ansurable.”

At the same time they did write a particular order to Presbytries for

censuring of such, of qᶜʰ I shall here set down the true copy:—

“Reverend and weel beloved brethren: Finding that, notwithstanding of

our faithfull Warning and great pains taken to satisfie all men, to

concurr, in their places, for furthering of the leavys for defence of

Religione, King, and Kingdoms, and all other our dearest intrests, many

are so farr from concurring, that they doe very vehemently goe about,

by preaching, writing, and perswadding to the contrairy to obstruct the

work; we doe, therefore, require that you carefully inquire, in your

presbytries, what ministers doe preach or otherwise persuade contrary

to our present publick and published Resolutions, and that yee proceed

to censure such as are of your own number; and if any ministers that

travel amongst you transgress in that kind, let them not be permitted

to preach in your bounds.”

By these traveling ministers are meant some of the gracious ministers

of Ireland, who were driven from their stations and forced to retire to

this land, and some other faithfull ministers among ourselves, who were

also necessitated to retire from their charges at that time, and were

preaching to vaccant congregations, some in the West and some in Fyfe.

Upon the ______ of May 1651, they made ane Act, qᶜʰ they sent with

a Letter to Presbytries, appointing such ministers, as did oppose

yᵉ Publick Resolutions, to be cited to the nixt Gen: Assemb: at St

Andrews. [Note by Wodrow.—“The copy qʳof I shall set doun but it’s blank

in yᵉ autograph.”]

These Warnings, and Letters, and Acts, though stumbled at by many, yet

were received and intertained by such Synods and Presbytries, as were

of the Commission’s judgment, with respect and affectione: and, by

order from them, the Warnings were read publickly in the Kirks, and yᵉ

Acts were put upon record in their registers, and dilligence was used

thereupon, unto the censuring of some, and threatning of sundry wᵗ

censures, and citing of many to the Gen: Assemb:

The pretended Assem: at Dundee, treading the same paths after

the ratificatione of all these proceedings, did proceed unto the

censuring of some of these who protested against their meeting and the

ratifying of these Resolutions, and emitted a publick declaratione

and made publick acts against all of their judgment and way in these

particulars. The Declaration is a litle book by itself, fraughted

all alongst with hard representations against such, that the reader

may judge _ex unque Leonem_. I shall only set down the preface yᵗ is

therein used to usher in that purpose:—

“But, would to God we had this evill only within ourselves to fight

with as in former times, and that Satan, having turned himself into

ane angel of light, had not so farr abused the zeal and wit of some,

and simplicity of others, as to open the gape of such a rent, qᶜʰ, of

all other tryalls, is like to have the saddest consequences, if God

prevent it not, concerning which we are necessitate to say, whatsoever

have been the intentions of these who have been instrumentall in making

of this rent from publick counsels and actings; yet the work itself,

and the spirit that hath stirred in it, hath been and yet is most

effectuall for carrying one of the enemies designe.” The Acts which

they made for censuring of their opposers were these qᶜʰ follow:—[449]

[Page 80.]

What these Acts include and how far they reach, is shown in a treatise

of observations upon them already printed. It is, in a word, all the

Ministers, Elders, Expectants in the Church of Scotland, who doe not

acknowledge that Assemb: or oppose the Resolutions thereof, or doe not

acquiesce to the Acts and Constitutione thereof, are to be laid aside,

discharged, silenced, suspended, or deposed; yea, all the Ministers,

Elders, Expectants, or Professors in the Church of Scotl: who doe not

acknowledge that Assemb: or who doe oppose yᵉ Resolutions thereof,

or doe not acquiesce to the Acts and Constitutions thereof, are made

lyable to excomunicatione, if, after conference, they doe not receive

satisfactione.

As if it had not been enough to deal thus with them at home, yᵉ

Commissioners of this pretended Assem: in their informatione to their

Brethren in Ingland, from their meeting at Forfar, August 12, 1651, doe

represent them thus:—

“Yet in these last and perrilous times, wherein the Spirit of Error

is wise to palliate his lyes with the pretence of piety, there are

among ourselves a few unsatisfied, of whom some have been held in

high esteem, before this time for their works sake, and with whom we

have dealt with all tendernes, in the spirit of meeknes, for their

reclaiming; who, to the great advantage of the common adversary,

and to the weakning the hands that were at the work, have opposed

these just and necessary Resolutions, and actively obstructed the

use of the lawfull and only likely means left of oppositione to the

prevailing enemy, seting on foot a State separatione, which necessarly

tends to a Kirk separatione; wee need not warn you, dear brethren,

who are acquainted with the policies and practises of these, that,

among yourselves, under the specious name of the Godly Pairty, have

carried on a devilish design of undoing Kirk and State, and setting

up a boundles toleration and arbitrary Goverment, to beware of

misinformatione from such men to take impressione upon you. Their

actiones at home, to sail every wind, and to roll every stone for their

own advantage and prejudice of yᵉ publick, induceth us to beleive that

they have not been idle towards you, but active by their emissaries

and peapers, to abuse you with misreports, and to preposses you with

prejudices aganist our proceedings; but we are confident that yee who

have had so great proof of the faithfullnes of the Judicatories of

this Kirk in guarding warrily against enemies one both hands, as weel

Malignants as Sectaries, have not suffered yourselves to beleive evill

of your brethren; and we doe earnestly beseach you to beware, that the

trust qᶜʰ any have had from us. and the estimatione they had among you

while they were about the discharge of that trust, be not inductive

of your being now deceived by them whose principles and practises,

whatever their intentions be, tend to the giving up of you and us unto

the power of the avowed enemies of Christ’s Kingdome.”

1651.

_Excerpts from Balfour’s Annales of Scotland._

12 Jarij: Sunday. This day Leiuetenant Generall Midiltone was relaxed

from his excommunicatione, and did his penance in sackclothe in

Dundie churche; and Collonell Archbald Straquhan was excommunicat and

deliuered to the Deiuell, in the churche of Perth, by Mr Alexander

Rollocke, the same day.

One Tursday, the 20 of Febrij, 1651, his Maiestie and Comittee of

Estaits, by ther acte, ordaind Mr James Guthrie, minister at Stirling,

and his coleauge, Bennett, quho had excussed ther not compirance the

day befor, being wrettin for to come to Perthe, and ther to remaine

confynned from returning to Stirling, wntill his Maiesties returne

thither from the northe; his Maiestie being no souner gone upone

Fryday, bot they come to Perth and dealls with the Comittee ther,

that they may returne back againe to Stirling. To gratifie them, the

Chanceler calls a committee of his auen stampe one Saterday, thinking

to carrey by woyces, since, as he thought, maney of the barrons and

burrowes, committe men, wer gone offe the toune. Bot they being

adwertissed of the bussines, and considering the importance of the

same, most of them stayed. After muche debait, wither or no thesse

tuo ministers should stay in Perthe, conforme to the former acte,

wntill his Maiesties returne backe, ore goe back to Stirling? The

Earle of Cassiles said, quhat if his Maᵗⁱᵉ did neuer returne, was it

ressone that they should stay from ther charge? Maney honest men of

the committee wer offendit with this expressione of Cassiles, and

the Chancelers too forwardnes; bot at last it went to a wotte, and

was carried, that conforme to the former ordinance, Mr Guthrie and

Bennett should stay confynned in Perth, and not goe backe to Stirling

wntill his Maiesties returne from the northe. Guthrie, a pryme enimey

to monarchie, a cheiffe plotter of all the westerne remonstrance,

diuisione and mischeiffe, and a maine preacher for the sectaries.

_Mr James Gnthrie and Mr Dauid Bennett, ministers at Stirling, ther

Protestatione, giuen in to the Committee of Estaits, at Perth, 22

Februarij, 1651._

Quheras the Kinges Maiestie and your Lordschips haue beine pleased,

wpon a narratiue relating to our doctrine and ministeriall dewties, to

desyre and requyre ws to repaire to this place, aganist the 19 day of

this instant; that after heiring of ourselues, suche coursse may be

takin as shall be found most necessarey for the safety of that place

quherin wee serue in the ministrie: Therfor conceauing the judicatories

of the churche to be the onlie proper judges of our doctrine and our

cariages in thosse thinges that concerns our ministeriall calling;

and wee doe for the respecte wee [haue] to his Maiestie and your (Lo:)

authority, compeir at this tyme, being desyrous to heir quhat is

to be said wnto ws, and redey to anssuer therwnto; so wee humblie

protest, that our compirance is with preseruatione of the liberties

and praeuilidges of the Churche of Scotland, and of the ministers

and seruants of Jesus Christ, in thesse thinges that doe relait to

ther doctrine and the dewties of their ministeriall function. And

that tho wee be most willing to rander ane ressone of our wretting to

the Commissione of the Generall Assemblie, a letter, containing the

groundes of our stumbling at the present resolutions of this kirke

and stait, in order to a leuie, and of our preaching aganist thesse

resolutions, as involuing ane coniunctione with the malignant partie

in the land, wiche wee hold to be contrair to the word of God, to the

leauge and couenant, to our soleme ingagements, and to the constant

tenor of the declarations, remonstrances, warninges, causses of

humiliation, and vther resolutions of the kirke thosse zeires past;

and to be destructiue to the couenant and caus of God, and scandalous

and offensiue to the godlie, and a heighe prowoking the eiyes of [the]

Lords glorie. And of our protestinng aganist ane appeallinge from the

desyre and chairge of the Commissione of the Generall Assembly in this

particular, and in our persisting in preaching the same doctrine. Zet

that our compeiring befor the Kinges Maietie and your (Lo:) doeth not

import ane acknowledgment in ws, that his Maiestie and your (Lo:)

are the proper iudges of thosse thinges; and this protestatione wee

make, not for aney disrespectes to the Kinges Maiestie and your (Lo:)

authoritie, not to declyne or disobey the same in aney thing ciuil, bot

from the tender regaird wich wee haue to the libertie and præuilidges

of the church of Jesus Christ, wiche his Maiestie and your (Lo:) and

wee are in a soleme way bound to manteine inwiolable. Wee acknouledge

that the Kings Maiestie and your (Lo:) are the laufull authoritey

of the land, to quhome wee shall be most willinge and redey to giue

obedience in all wich wee shall be commandit, according to the will of

God; or if in aney thinges your commands shall fall out to be contraire

to that reule, wee shall patiently, in the Lords strenthe, submitt

ourselue to aney ciuill censure that ze shall thinke fitt to inflicte

vpone ws.

_Sic subscribitur_,

Mr JAMES GUTHRIE,

Mr DAUID BENNETT.

[13 March.]—The appeall giuen into the Com: of the Generall Assembley

be Mr James Guthrie and Mr Dauid Bennett, with ane letter from the

Committee of Estaits to the said Mr James and Dauid, of the 14 of

Februarij, with ane other letter lykwayes to them of the 19 of

Februarij; togither with the said Mr James and Dauid, ther tuo anssuers

and protestations therto, bothe of the 22 of Febrij: in seuerall

papers, read in parliament, and giuen vpe to Mr Thomas Hendersone.

Monday, 17 Martij. 4 dies parliam: Rege presente.—Remittes to the

Committee for the Conference to conferre with the Commissioners of the

Generall Assembley, anent the othe to be takin by all the officers of

the armey.

Wedinsday, 19 Martij. 6 dies parlia: Rege presente.—Petitione from the

Com: of the Generall Assembley to the King and estaits of parliament,

read.

The Kings Maiestie and parliament, after weinng of the quere after

speit, viz. wither or not it be sinfull and vnlawfull, for the more

effectuall prosecutione of the publick resolutions for the defens of

the causse, King and kingdome, to admitt such persons to be members

of the Comittee of Estaits, quho are nou debarred from publick trust;

they being suche as haue satisfied the kirke for the offences for wiche

they were excludit, and are since admitted to enter in couenant with

ws? This quere ordred to be sent to the Commissioners of the Generall

Assembley, wiche accordingly was done by the Earle of Eglintone.

Perth, 20 March, 1651.

_A shorte Exhortation and Varning to the Ministers and Professors of

this Kirk, from the Commissions of the Generall Assembley._

Records of the Kirk of Scotland containing the Acts and Proceedings of the General Assemblies from 1638 downwards, as authenticated by the clerks of assembly. · 第 171 / 186 段