of the 8 heades of the 3 propositions, (wich wer recommended to
be examined by the theologicke faculties for a more particular
approbatione of the assembley) holdeth furthe, that notwithstanding
the ecclesiasticke gouerniment is intrusted and committed by Chryste
to the Assemblies of the Kirke, &c. &c. zet the ciuill magistrat ought
to suppresse, by corporall or ciuile punishment, suche, as by spreding
errors or heresies, or by fomenting schisime, gratly dishoners God,
dangerously hurte religion, and disturbe the peace of the kirke; and
the same propositions proposed, holdethe furthe, that the orthodox
kirkes beleiue, and doe willinglie acknouledge, that eurey lawfull
magistrate, being appoynted the keper of bothe the tables of the
law, may, and ought, cheifflie to take caire of Gods glorie, &c.; as
lykwayes, to punnishe als weill atheists, blasphemers, heretickes, and
schismaticks, as troublers of justice and ciuile peace; and propo:
63, the same sin, in the same man, may be punished one way by the
ciuile magistrat, and ane vther way by the ecclesiasticke power; by
the ciuile power, wnder the formalitie of a cryme, with corporall or
pecuniall punishment; by the ecclesiasticke pouer, wnder the notion
and nature of a scandall, with spiritual censure, euen as the same
ciuill questione is one way handled by the magistrat in the senat,
and ane other way by the ministrie in the presbeterie. See also the
lait Confessione of Faith, in the head of the ciuile magistrat, and
Didoclauius, in his Altare de primatu regio; and Mr Rutherfurd, in
his dew right of presbeteries, is werey full and cleir; as page 287,
A pouer external obiectiue about kirke matters, as to causse kirkmen
doe ther dewtie, is proper to the magistrat; page 393, in his 3d
conclusione, especially 394, The King is not only to punishe quhat
is contrair to externall quietnesse, bot also quhat is contraire to
supernaturall happinesse of the kirke; for he is to take vengance vpone
blasphemers, idolators, profest vnbeleiuers, neglecte of religious
administratione of sealls, and the eatting and drinking damnation at
the Lords table; and page 397, The King, as a nursinge father, aught
to see that the chyldes milke be good and quholsome, thoughe it come
not out of his auen breist, so that it seimeth werey strange that the
magistratts requyring thesse brethren to compeir vpone a narratiue
relatinge to ther doctrine, &c.; and the alledgeance that the magistrat
is no proper iudge in suche matters, should be made the ground of the
protestation, as if the magistrat could in no wisse lawfully, as a
judge, interposse himselue in matters of that kynd. If to all this the
brethreen should say, that quhat they seike of being citted vpone a
narratiue relatting to ther doctrine and ministeriall dewties, &c. and
the King and committee as not being proper judges in thesse thinges,
as the ground of ther protestatione, they meane it in a way antecedent
to the kirkes judgeing. To this it is ansuered, that it is trew indeid
that the magistrat ought not to judge ministers in the matters of
ther doctrine and ministeriall dewties, by ane antecedent judgement;
bot first, ther is not one sylable of this qualification wssed in all
the first protestatione made vpone the citatione and compirance befor
the committee. Secundo, the committee hes not proceided with them
in a way antecedent to the kirke judicatorey, quich is the cheiffe
thing to be obserued for cleering bothe the requisition and the
committees ordinance for ther abyding in this toune or at Dundie from
the imputatione of incrotching vpone the liberties and præuilidges of
the Kirke; for quheras the Commission of the Generall Assembley hes
not only giuen ther judgment in poynt of conscience concerning the
coursse to be takin for acting aganist the publicke enimey oppressing
the land by wniust violence, bot also finding that thesse brethreen
wer preaching aganist that publicke resolutione, to the hindring and
obstructing therof, and making a dangerous diuision in the kirke and
kingdome; and being desyred by the last sessione of the parliament to
take some coursse for preuenting the danger, by vssing diligence to
satisfie the brethreen, and inducing them to concurre, at least not
to hinder the publicke resolution. The commission had accordingly, at
St Andrewes, takin paines for satisfing them; and not hauing obteined
that, had judicially desyred the brethreen not to speike or doe aney
thing to the hindering or obstructing acting according to the publick
resolution; and quheras the brethreen had protested aganist that desyre
of the commission, and appealled to the Generall Assembley; and the
commission, according to the command of the parliament, had made knouen
to the Committee of Estaits the quhole proceiding at St Andrewes: how
can it be said that the committee hes takin aney antecedent judgement
vpone them in this matter? or how can it be sayed that ther hes
not preceidit ane antecedent judgement of the kirke, so far as is
sufficient for the magistrat, in ane orderly way, to interposse his
authority, that the brethreen may not, by ther preaching and doing
contrair to the publicke resolution, make aney diuisione in the kirke
and kingdome, or endanger the same, to the violence of the enimey?
Tertio, lett it be considered, that the Kinges Maiestie being bound
to follow, not only the judgement of the Generall Assembley in maters
that concern religione, bot also of the commissione in the interwalls
of the Assembleis; and now, quhill in prosecution of the aduice of the
commissione, he and the estaits are follouing ane necessarie dewtie
for preseruation of the kirke, kingdome, liberties, liues, and all
that is deire wnto ws; and they find the commissions desyre to thosse
brethreen aganist ther preaching, to the obstruction of the publicke
bussines and resolutions, protested and appealled from, and a publicke
profession made by the brethreen of ther purpois to continew still
preaching, contrair to ther resolutions, to the slakining of the hands
of the people of God in the land, and strenthining of the handes of
the enimey; shall it be judged wnlawfull for the King and the estaits,
or counted ane encrotching vpone the liberties and preuilidges of the
kirke, to doe so much as requyre thosse brethreen to compeire befor
them, or to ordaine them to abyde some tyme at distance from ther
chairge, for restraining this euill, and preuenting so grate a danger
as might ensew vpone it? Nay, certainlie wee cannot bot conceaue it
rather ane adding of the magistrats auxiliatorie and cumulatiue power,
for strenthning the kirke judicatorey. As to that, the brethreen
sayes they haue not bein befor conveined befor aney ecclesiastick
judicatorey, nor conwicted for breache of aney ecclesiastick acts; for
the first, wee say, tho they wer not conveined by a summonds, a more
tender respecte being hade towardes them, yet wer they delt with by a
kirke judicatorey vpone the matter in hand.
And for the second, lett it be considered, if ther publicke
acknouledgement of preaching against the publicke resolution of the
commission, and protestation aganist the commissions desyre to absteine
therfra, and professed resolutione to continew therin, to the dewyding
of the people of God in this land, and obstructing the seruice for
defence of the kingdome and causse, be not equivalent.
Tertio, The commission does find that the brethreen, in ther first
protestation, renewed and owned againe, in the quhilke they make a
profession of ther willingnes to render a resson for ther wretting
to the commission, &c. a foull and most wniust aspertione to charge
the commissione in going in a contrarietie to the word of God, to the
soleme leauge and couenant, our wowes, engagements, declarations,
fastinges, in a coursse destructiue to the couenant and causse of God,
and prouoking of the eyes of the Lordes glorie.
2. The chairge is most wniust, for how shall it be made out that the
resolutione of the commission involued a coniunctione with a malignant
partey, wiche alledgeance is the fundatione of all the rest? Does
not the resolutione of the commissione expressly except suche as
continew obstinat enimies to the couenant and causse? that is, suche
as continew in malignancey, or are aney quho haue beine one malignant
coursses, admited to our knowledge, or with our approbatione, bot
suche as giue satisfaction for ther offence; and how can or aught men,
renuncing ther malignancey, satisfing for ther offence, giuing therby,
according to the ordinances and reuells of the Generall Assembley, be
still reput malignants? and how can a coniunction with them, after
suche satisfactione, be counted a coniunction with malignants, or
the malignant partie? Quhay should the Gen: Ass: prescriued reuells
for receauing such as haue beine vpone malignant courses, if the
purposse of the kirke was not to admitt them to repentance, and if to
repentance, certainly to all the ordinances; and if to ordinances,
quhat shadow of reason can ther be not to admitt them to fight for ther
liues, religion, King and countrie? especially one of the particulars
prescriued in receauing of them, be the renewing of the leauge and
couenant, wich layeth vpon them to defend religion, &c. all persons
that hes beine in a way of malignancey, will ather satisfie not. If
they satisfie according to the acte of the Assembley, they must reneu
the leauge and couenant, and be admitted to the ordinances; and so,
by far grater resson, to fight in defence of the kingdome, &c. _If
they satisfie not_, (as they will neuer be accounted to satisfie by
the commissione, wnlesse they doe it according to the reuells of the
assembley,) they are to be excommunicat, and so are excludid by the
resolutione of the commission.
Tertio. This aspertione heire is cast vpone the commission vithout
aney necessity; ther protestatione wold haue beine full and compleit
aneuche, tho nothing of this had beine insert; for quheras the letter
of the King and committee sent to the brethren, requyring them to
compeire at Perth, makes relatione to ther wretting a letter to the
commission contrair to the publicke resolution, and ther protesting
against, and appealling from the commission at St Andrewes, (in
order to wich relatione, the brethreen takes occasion to insert all
this protestation,) that was not intendit as a matter they wer to be
challenged vpone by the Committee of Estaits, bot only sett doune as a
ground quhervpone the committee perceaued they wer resolued to continew
in ther preaching aganist the publicke resolution; and that therfor the
committee behoued to see to the securing of Stirling, from the danger
wich might ensew vpone ther protestation; bot to cast ane aspertion
vpone the commissione, in all papers that should flow from them, vpone
the proceidinges of the kirke and estaits with them.
Quarto. That wee not being judges in ciuile matters, cannot determine
wither the Committee of Estaits, in ther order of proceiding with the
brethren, and ordaining them to abyde at Perth or Dundie, wntill a
fuller meitting of the committee, hes wronged them in aney preuiledge
dew to the subiects, by the law of nature ore the lawes of the land;
and wee doubte not bot the Committee of Estaits will endeuore to cleire
ther auen proceidinges.
Quinto. That nather is it competent to ws to giue ane adwysse quhat
should be furder done by the King and committees in relation to ther
forsaid brethreen, for securing of Stirling from the danger that
may ensew vpone ther opposing the publicke resolutions; onlie wee
expecte, and are confident, that his Maiestie and estaits, as they haue
begune, so they will continew to deall with thesse brethreen with all
tendernes, in sua far as may consist with the security of that place
wherin they shall be, and preseruation of the causse and kingdome.
_Sic subscribitur_,
A. KER.
* * * * *
1 Maij.—The parliament that wes adiorned wntill the 17 of Apryle this
zeire, wes adiorned againe wntill Wedinsday, the 21 of Maij.
In Apryle, this zeire, the Commiss: of the Generall Assembley mett at
Falkland; they wrett letters to the Committees of Estait and for the
Armey, that they wold now leaue the particulare intrests, and joyne
cordially aganist the publicke enimey, and emitted a declaration for
that purpois; and appoynted a meitting at Stirling, one Tuesday the 13
of Maij, to giue their oppinion anent the lawfulnes of the acte of
classis, and if without sin it might be reschindit or not.
The 6 of Maij, ther was a grate meitting of the Committee of Estaits
at Stirling, quherin the electing of the Earle of Calender to be Felte
Marishall of the Armey, that had now ioyned himselue to the Campbells,
wes waued and putt offe; and 2 Generall Maiors of Footte chosen, viz.
Collonell Pitscottey, and Dalzell of Binns. At this meitting, lykwayes,
it was ordained that the Committee of Estaits shoulde not medle with
the adiorning of the parliament, wntill the 20th of Maij instant, at
wich tyme ther was a frequent meitting of the said committee appoynted;
and then the Commission of the Generall Assembley wold present ther
oppinion anent the acte of classis....
Oliuer Cromwell, with his armey, being at this tyme in Glasgow, had
a conference with 8 ministers, anent the lawfulnes of his engagement
aganist this countrey and kingdome; he gaue them some papers, wich
they anssuered ex tempore, and proued to his face his periurey and
breache of couenant and leauge, and his sinfull rebellion and murther,
contrair to [the] expresse word of God, and leauge and couenant suorne
by himselue and most of his complices. He toke the morrow at 3 in
the afternoone to his furder conference with them; and maney of his
cheiffest officers did openly acknouledge, they were conuinced in
reson, and neuer till now did see the weeknes of ther auen grounds.
In place of keiping the appoynted meitting, (seing a fyre to begin to
kindle amongest his auen) aboute midnight that same day, he commands
all his armey presently to marche, wnder the paine of death, backe
towardes Edinbrughe; and empties all his garisons be west Linlithgow;
sends his horses towardes the Border, and with grate haist, with his
footte, returns to Edinbrugh and Leith; and is now bussie in repairring
the breaches of Edinbrughe castle.
_Mr Robert Blair, his animadwersions one the remonstrance emitted by
the vesterne forces, Octob: 1651._
Ther is no questione maney sade truthes ar layed doune in the
remonstrance, vsse quherof wold be made, and remeid therof wold
be sought in a right way; bot wnder the pretext therof to make a
secessione from the publicke counsells and forces of the kingdome,
and to gratifie the wicked inwader of the land, by laing opin
the nakednesse of the reulers, exageratting eurey miscarriage or
appeirance, as if they had bein hyred by our enimies to agent
ther bussines, cannot be bot greiuous to the godlie, quho are not
preocupied with preiudices; and this so much the more greiuous, that
the cuning slight of some malcontents, weill acquanted with publicke
consultations, hath intangled not a few gentlemen, werey worthey,
whosse constancey in the causse of God is weill knowen. The continuers
and penners of this peice, perceauing quhat strange and vnbeseiming
language they wer wttering, saw it necessarey to take away maney
obiections that lay in ther way; and that both in the entrey and closse
therof, assining that successe had not altered ther mynd. That they
iudge not themselues free of the causes of the prowoking calamities.
That in vttering thesse thinges, they haue not beine led with the
spirit of bitternes ore desyre to discouer the nakednes of wthers; and
that they haue not the least deseinge to follow the foottsteps of the
sectarian partie, they may weill say (I mein the continuers of the
remonstrance) they had not the least dessinge; for in that essay they
haue out-acted the sectaries. Thesse men did much in order to publicke
good, befor they spake biglie; bot done nothing since, saue that they
haue drawin away considerable forces, raissed at wast charges for
the publicke defence. This speaketh nothing lesse then abandoning to
carrie one ther deseinge in the last wordes of ther paper; and that
ther discoursse may be the more taking, they put one the persons of
thesse quho are speaking ther last wordes, being zet far eneuch from
all danger. It is hard to aney man to judge with quhat heartes and
intentions thesse things wer contriued. I speake not of the gentlemen
and ministers quhom I durst absolue; bot of the proiecters and penners
of this remonstrance. Bot lett ther auen spiritts judge, if the most
reall and cordiall enimies our causse had, wold haue acted wtherwayes,
to pour contempte one ws, and to heatin wndertakings against ws. Iff
ze be all constant in the causse, quhat meinethe the loud bleatting
queries sent to our aduersaries, ane odious cryme, audacious to priuat
persons to correspond withe ane opin enimey, quho haue shed the blood
of Gods people, and receaue anssuers to the same? Iff this concearne
not them all, how is it that they quho are constant and faithfull,
declaire not against suche quho haue falsified ther trust, and quheat
ther tounge against King and committee, quhom they should obey in the
Lord?
17 Julij.—Cromuell past ouer a grate pairt of his armey from Lothean to
Fyffe one Thursday the 17 day of Julij, 1651, at the neucke below the
Queinsferrey, and fortified himselue one the hill betuix the Ferrey and
Innerkethen. He landit without aney oppositione at all in effecte.[450]
3d September.—K. Charles the Seconds armey wes routted and defaitt at
Worchester, in England, one Wedinsday the 3d of September this zeire.
* * * * *
Mercurius Scoticus, his diurnall to the 28 of Octob: hes in it this
passage anent the laitt meitting of the remonstrant ministers at
Edinbrughe, this same mounthe:—The meitting of the ministers at
Edinbrugh is dissolued; ther was 66 of them in all. After they had
made a kynd of auricular confession, eurey man for his auen sinns;
some for idolizing the couenant too muche, others for complyance
with the King, &c. ther pryde, ambitione, and other sins, they haue
dissolued; and haue sent some of ther nomber to Glasgow, quher they
intend a prouinciall meitting, in a judiciall way, and will emitt some
declaration or warning. They are werey muche troubled they cannot haue
that power in ciuill thinges, _in ordine ad spiritualia_, wiche they
wer wount to haue in this natione; wnder wiche pretence, they gett all
ciuell pouer quhatsomeuer in ther handes....
In Nouember this zeire, the ministers of the west, that had made and
still manteined a werey grate schisme in the churche, and disawoved the
last Generall Assembley, holdin at St Andrewes and Dundie, sett out
at this tyme a pamphlett called, a Discouery after some search of the
sinnes of the ministers; wich is dewydit in 9 sections, and printed
in Aᵒ 1651, by the brethren of the presbytery of Kilmarnock. Thir
westland renters of the churche held a meitting at Edinbrughe, about
the letter end of this mounthe, by the name of the Commissione of the
Kirke; the pryme actors in it wer the tuo fyrebrands, Mr James Guthrie
and Mr Patricke Gillespie, both of them depriued by the lait General
Assembley at Dundie; to quhom, amongest maney other of the lyke nature,
wes presented by a godly brother, (as they name him,) this famous
paper, consisting of 12 heads:—
1. Our soleme ingagements to dewties, ather out of dark zeall or
policy; and it is conceaued much of both thesse will, after deepe
searche, be found in al our couenant ingagements.
2. The taxing of ourselues, by soleme couenants and othes, to the
perpetuall mantinence of some thinges for wich ther is no warrant from
the word: as perpetuall adherence to monarchy in such a line, and
constant mantinence of the priuilidges of parliament; at least the
clauses of our taxes thesse thinges so ambigously conceaued, that maney
sueare them in the formentioned sense.
3. A fleschly zeall and policy in pursewing and carring one the
couenant and leauge by creuell oppressions, making actes for
constraning all sortes of persons, als weill men of tender consciences
as the most prophaine and grosslie ignorant in the land, to take the
couenant, wnder the hazard of incurring the heighest censures both of
churche and stait.
4. Our preiudices; and that vpon our passinat and bitter invections,
by word and wreatt, publicke and priuat, aganist suche of the people
of God in England, quho had some differences of judgment from ws,
not vsing the gospell way alloued by God for gaining others, houever
carried away with errors; and therfor in the grate justice of God, his
people in the land, quho wer formerlie one, are now so far dewydit in
judgments and affections, that grounds of persecutione are layed doune
and begune by the one aganist the other.
5. The espousing of the malignant quarrells, not only by our own
coniunction with, and intrusting the malignant party, bot also by
intending and concluding a trettey with the Kinge, putting him in the
actuall exercisse of his power, and owning his intrest, albeit all
the tyme of the trettey, and after it als weill as befor it, he did
palpably euidence his disaffectione to the couenant and endes therof;
wherby it hath come to passe, that the quarrell wich the Lord did
formerly plead aganist the King, seimeth to be now tabled at the dore
of churche and staite.
6. The pollutting of the Lords housse and ordinances, by continuing
the vilest of men to be churche members, and to partake of the holy
ordinances of Jesus Christ; so that all the people of the nation are
members of the Churche; quherby the churche of Scotland is become
lyker to a feild of thorns and briars then the wyneyaird of the Holy
One of Israel. Nather could the remoueall of persons scandalows from
a sacrament (wich also is much neglected,) be a sufficient remedy of
this euill, seing beare negatiues are not sufficient to putt a man
in a capacitie to be a churche member, muche lesse to partake of the
sacraments; but besydes are requyred positiue euidences of grace,
so far as to ground a judicious judgement of charity: and from this
error of the actuall constitutione of this churche flowes the sinfull
coniuctions with the malignant party in counsell and armies; for
how can thosse, vpone aney groundes of conscience, be debarred from
ciuill fellowschipe, quho may and ought to be admitted to churche
fellowschipe? and therfor, though our disease may be skinned, zet neuer
cured, till the present constitutione of the churche be helped.
7. The idolizing of men, and receauing doctrines from them implicitly,
not bringing them to the ballance of the sanctuary: ministers medling
with ciuill affaires, both in priuat and judicatories, quherby they
lord it ouer the estaites, and tyranized ouer the consciences of men;
though it is not denayed bot they may and ought to reproue sin, and
that in all sortes of persones, so far as they haue varrant from word
of God.
8. Our not cleiring, bot wreasting the trew staite of the quarrell,
with a vilfull reiecting of all meines for prewenting the sheding of
blood; whill treaties and conferences were not only requyred, bot
refussed, though desyred and offred by the Englishes; throughe wiche it
appeirethe, that the guilte of much blood shed in the lait warre, may
be justly layed to the charge bothe of kirke and stait.
9. The smothring of light, and withdrawing from dewties, wpone the
apprehensione of said euents.
10. Pitching vpone our forme of presbyteriall gouerniment, as the
vtermost attainable perfectione of reformatione.
11. The grate neglecte and creuell oppression of the comons and poore
people of the land, neuerthelesse of our obligations and tayes, in the
couenant, of mutuall aid and assistance one of another.
12. Laboring to carrey one a worke of reformation with so corrupte and
vnsuttable instruments; yea the continuance of persons scandalous, in
eminent places of trust, after ther was cleir euidence that they wer
suche.
1652.
This day, (viz. Friday) 2do Jarij: did brecke vpe the meitting of
some presbeterians, who did meitt at Edinbrughe, in reference to the
satlement of present affaires. It was composed of them quho [are] called
ministers and laymen, quherof Mr James Guthrie was moderator; who, as
he was chosen to moderat, so in his olde wounted presbeterian zeall
wold proceed in nothinge, till first he knew wither aney wer present
who wer accessorey to the sheding of the blood of the saintes. Quasi
wero, he had bein free of aney such thing; thoughe most instrumentall
in drawing one ane ingagement at Dumbar, he may remember his accession
to his spilling of blood at Hamilton; bot wee know the pharisies can
bewaill the death and suffringes of the prophetts, thoughe apte to
persecute Christe and his disciples. It is remarkeable, this meitting
was not called without cuninge, for wpeholding the presbeterian
intreste. The matter is this; about 8 weekes agoe and aboue, some
godlie and weill affected men in this land, taking a coursse (besyde
the preists not heeding them in the bussines) in order to the good of
the nation, vith no lesse purpois then to remonstrat and petitione
(quhosse proceidinges as zet wee houpe shall take effecte) aganiste
coerciue restrainte, and for incorporatting the tuo nations into one
comon wealthe. Bot the presbeterian ministers, with ther grandee,
Wareston, finding this præiudiciall to ther crafte, Demetrius lyke,
called togidder such as wer of ther auen stampe; cuningly breking of
the meittinges of thosse quho intended to bring to naught ther crafte,
in making siluer shrynnes for ther presbeterian Diana, did withdraw
themselues altogider from suche meittinges: the result of wich is
confusione; for nothing is now to be hard after this conuocatione, bot
craying out, “Grate is the Presbetery.”
Now they haue drawin vpe a letter, thoughe with grate debait, not
knowing weill to quhom to send it, ore how to call thosse to quhom they
should directe it, and are aboute to send it to the Generall; testifing
aganist all our proceidinges, and with a full pretence (I should
say, purposse) of suffringe, doe earnistly bege religion in Scotland
may be preserued, and established according to the couenant, wich in
ther accompte is nothing bot presbeterey. Marke ther ingenuity; they
resolue to suffer, and zet wold haue pouer to persecute. Werily, I
thinke, they are justly sufferers, quho goe aboute to be persecutters.
In the interim, I supposse they shall not receaue a satisfactorey
anssuer in petitioning him (viz. Cromwell) aganist quhom they testifie;
this bewrayethe ther policey, thoughe presbeterey be wsullay attendit
therwith. Howsoeuer, as they conueined cuningly, with a full purposse
to manteine their crafte, that ther idol presbeterey perishe not, so
they are dismissed confusedly, craying out, “Grate is the Presbeterey.”
We haue only to adde to it that Warrestone, in face of the meitting,
contrarey to experience, with a full purposse to deceaue the simple,
(Ex vngue Leonem) denayed aney trettey to haue beine offred by
the Englishe, befor Dumbar, to the Scotts. Bot wee know it is a
Matchiuelian policey, fortiter calumniarij.
* * * * *
1652.
_Acts of the Assembly 1652, and other Documents, extracted from the
Controversial Pamphlets of the Time, but never recognised or printed
among the Acts of the Church since the Revolution._[451]
No. I.
_Propositions which were offered to the Meeting of Ministers and
others, appointed to be keeped at Edinburgh, July 21, 1652._