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._