Presbyteries for strengthening a faction in opposition to the Publick
Judicatories, Ordains, that Presbyteries shal require the same things
fore-mentioned of every Ruling Elder that comes to sit and act in
Presbyteries; and in case of his refusal, shall not admit him to act as
an Elder in the Presbyterie, but require the Kirk Session from which he
is sent, to make choise of, and send another, who for the Peace of this
Church, shal agree to perform the conditions required.
* * * * *
No. V.
_Act for putting in execution former Acts and Constitutions of Generall
Assemblies, anent trying, admitting, removing, and deposing of Church
Officers, censuring of scandulous persons, receiving of penitents, and
debarring of persons from the LORDS Table._
Edinburgh 3 August 1652. Post meridiem. Sess. 20.
The Generall Assembly, considering the obligations that lyes upon
all Ecclesiastick Judicatories and Ministers within this Land, by
the commandment of GOD, and our Covenants and Engagements taken upon
us, before GOD and the World, (whereunto they resolve, in the power
of the LORD’S might, constantly to adhere) and to shew themselves
faithfull and zealous in all their administrations for the LORD, and
for advancing the Work of Reformation; and particularly, considering
that the condition of this time doth require in speciall wayes, that
in trying, admitting, removing and deposing of Church-Officers,
censuring of scandalous persons, dispensing of Ordinances, receiving
of penitents, the Rules of the Word of GOD, and Constitutions of this
Kirk, be diligently put in execution, and accuratly observed.
Therefore,
The Assembly Ordains, That Presbyteries and Synods, in admitting of
Persons to the Ministery, be accurate in their tryals, according to
the Order prescribed in this Church, that none be admitted to the holy
and high function, but such as are qualified according as is required
in the Word of GOD, and Constitutions of this Kirk, both for knowledge
in the mystery of godlinesse, and abilities to teach and convince the
gainsayers, as also in conversation and godlinesse, that they lay hands
suddenly on no man, nor be partaker of other mens sin; and for this
end, that every Presbyterie be careful to have gathered together such
Acts of Assemblies as concerneth the triall of Ministers, and have
them before them, whensoever any person is called to any place of the
Ministery, and is upon his trials.
2. Ordains that Presbyteries and Synods, in their respective bounds,
make conscience, that such Ministers as are found either ignorant and
not apt to feed the people of God with knowledge and understanding, or
erroneous in their judgment in matters of Religion, or are scandalous
in their life and conversation, and are not examples unto their flocks
in godly and holy walking, or disaffected to the work of Reformation,
be censured according to the degree of their offence, and Acts of
Assemblies. And for this end, that they be frequent and accurate in
visitation of Kirks, and therein make consciencious use of the rules
prescribed for visitations, and of such Acts of former Assemblies, as
holds forth the duties of Ministers, and the grounds and causes of
censure.
3. Ordains that, where Ministers lawfully deposed, are unlawfully
admitted, and not according to the Order prescribed in the Acts of
Generall Assemblies, or intrudes themselves into places, Presbyteries
and Synods make use of that power and authority which Christ hath put
in their hands, to remedy the same, and to censure such disorders and
enormities, as they deserve, And that people be not accessory unto, or
concurring with any Ministers that are deposed, in intruding themselves
into places, nor give them any countenance that does so, as they would
not draw upon themselves the wrath of God, by contemning and despising
Christs Ordinance of Discipline, And that no Presbyteries or Synods
proceed to open the mouths of, or re-admit unto the Ministery, any
deposed Ministers, but according to the Order prescribed in the Acts
of Generall Assemblies, As they will be answerable unto the General
Assembly.
4. Ordains that Sessions be carefull that none be admitted to be Elders
in Congregations, but such as are in some competent measure able and
qualified with knowledge of Religion, and understanding of the duties
of their Calling, for discharging the duties of that Office, and of
a blameless, Christian, and godly conversation; And that before any
be admitted to be an Elder, the Persons name that is designed, be
publickly intimate to the Congregation the Lords day before, that
if any have any thing to object against him, they may present the
same to the Session or to the Minister. And that if any Elder be
found negligent in the duties of his charge, and continue so after
admonition, or scandalous in his life and conversation, or to be a
neglecter of the worship of GOD in his Family, he be removed from, and
purged out of the Session.
5. Ordains that Sessions and Presbyteries be carefull, and make
conscience by all means to censure impartially all persons of
whatsoever rank or condition, that are scandalous, either in things of
the first, or in things of the second Table, according to the Rules and
Order which Christ hath prescribed in his Word, and to proceed to the
highest censures, with such as are grossely and obstinately scandalous,
or are ignorant, and contemn, and continuedly neglect the means of
knowledge, as publick and private catechizing, &c. after they are made
inexcusable by sufficient means used to reclaim and gain them.
6. Ordains that Ministers and Sessions in Congregations be carefull, as
they will be answerable to Christ Jesus, to debar from the Lords Table,
all such persons as are found not to walk suitably to the Gospel, and
being convinced and admonished thereof, do not reform; As also all such
as have not knowledge to examine themselves, and to discern the Lords
Body. And that for the more orderly performing of this, the Minister in
examination of the people, have some of the Elders alwayes with him,
and represent unto the Session such as are found grossely ignorant,
that by order of the Session they may be debarred.
7. That Presbyteries and Sessions make conscience, that such persons
as are found scandalous, and are under censure for that cause, be
not received nor absolved from their censure, unlesse they give such
satisfaction and evidences of their repentance, as are expressed in the
Acts of the Assemblies, concerning the receiving of penitents.
J. MAKGHIE.
* * * * *
No. VI.
_Declaration of Assembly._
Edinb. 5 Aug. 1652. Ante mer. Sess. 23.
Right Honourable, right Worshipfull, and
Worthily respected,
We, being met in Edinburgh at the time appointed by the former Assembly
at Dundee, of purpose to study the healing of begun breaches in this
Kirk, were interrupted at our first down-sitting, and hindered from
constitution of the Assembly by our Dissenting-Brethren their offer
of Propositions and desires to be granted by us, which could not to
any good purpose, either be debated or effectually granted, as was
required, before the Assembly was constitute, and the Judicatory fixed.
Which short delay of our answer, till we were in capacity to answer,
was met with a Protestation, prepared before hand, for a declinatour of
the Judicatory, and all the Commissioners of Presbyteries, as freely
chosen as any were, and sent forth from all parts of the Kingdom. In
which Protestation wer contained many grievous and unjust aspersions
upon us and others (who dare not pass from the possession of yearly
Generall Assemblies; which being in former times interrupted, was
purchased at a dear rate, before it was recovered) and all this
was presently put in Print, to the great disadvantage of us, and
mis-information of all the Kingdom. After the Assembly was constitute,
a conference was offered by us, wherein some from us desired, That
to the intent we might joyn the better for promoving the Work of
Reformation, legall bars hindering us from peace, to wit, Protestations
on the one hand, and Censures inflicted, or which might be inflicted,
on the other hand, being removed. They should give assurance to
forbear to trouble the Kirk, by holding up debates on the matter of
our late Differences, about the managing of Publick Affairs. But
after conference, finding no ground of hope for present agreement, we
have made the same offer to all them who adhered to the Protestation,
whether in the Town for the time, or not, as our Act[452] (the Copy
whereof is with these come to your hands) at more length doth declare,
and granted unto all, time to advise till the second Wednesday of
November next to come. And now because our Dissenting Brethren have
the advantage of the Press for the present, and are too diligent and
painfull in gathering of hands and subscriptions to their Protestation,
of young men or elder, masters or servants, without any tryall of their
qualification, to make the world think, that the generality of the
godly (as they in their Papers presume to call themselves) and that
in great number do stand for their divisive way, Therefore we thought
it our duty to write unto you all, who love the Union and Peace of
this afflicted Kirk, that by your counsell, conference, and all other
godly means, so many as in your bounds, Ministers, or others, are upon
this divisive way, which tendeth so much to the hinderance of the
Work of Reformation, and peace of the Lords distressed people may be
timously reclaimed, and moved to accept the peaceable offer made to
them by the Generall Assembly, and the rest within your bounds may be
keeped free from this uncouth separation, that it grow not greater,
and that difference of judgment about the managing of publick affairs
in our late troubles, which occasioned this unhappy rupture, may be
no prejudice to our joynt acting in Ecclesiastick Judicatories, for
keeping the Liberties thereof, and the peace of this Kirk, which at
this time doth so much call for communion of counsels and actings:
Wherein as you shall prove instrumentall, you shall be found to do a
work of service unto GOD, of love to your Mother-Kirk now distressed
on all hands, most suteable to your Covenant and Profession, and
contributive as to your peace, comfort and credit in this life, so to
the furtherance of your reckoning in the day of the LORD.
_Subscribed in name and at command of the Generall Assembly, by_
* * * * *
No. VII.
_Declaration by Ministers and Elders(Protestors) against the lawfulness
of Assembly 1651._
To the Right Reverend the Ministers and Elders met at Edinburgh the
24 of November 1652.
Whereas we have not onely been patients and defenders in the
differences that have lately arisen in this Church, but willing and
ready to embrace all opportunities for removing them: And for that end
upon an Overture made to us the last Winter, have since that time
forborn to act authoritatively, and in the capacity of Commissioners
from the Generall Assembly 1650, (which delegation we conceive to be
still in force, untill the next lawfull free Generall Assembly.) And
notwithstanding grounds were given to us when that Overture was made
to expect the like from you, Yet ye did assume to your selves that
authority, and acted accordingly, which hath very much heightened our
differences. And forasmuch as at the late Meeting of our Brethren in
Edinburgh upon the ________ day of July last; We did earnestly desire
that they would forbear to constitute themselves into a Generall
Assembly, (which had they been pleased to grant, might through the
Lords blessing have proved an effectuall means of peace.) So now we
being met together, and understanding that you are to meet upon the
________ of this instant: And we being still desirous of peace and
of an union with our Brethren in the Lord, and to entertain with all
due respect, the endeavours of some godly and reverend Brethren for
this effect. We do earnestly beseech you by the love you bear to
the peace of this Church, and by your desires to heal the breaches
thereof, that you will presently declare, that you will forbear all
acting as Commissioners of a Generall Assembly, so long as endeavors
and conferences for Union shall continue (as upon your condescendence
we hereby do declare the like concerning the Commission of the Gen.
Assembly 1650.) And that you will presently interpose with others of
your judgment in the respective Synods and Presbyteries, not onely
that supposed censures may be looked on and accompted as no censures,
But that they do not proceed to put in execution any of the Acts of
the late Meetings at Dundee and Edinburgh, against Ministers, Elders,
Professors, and Expectants; or to do any other thing not already
determined by uncontraverted Assemblies; which we are confident shal
be the practice of Synods and Presbyteries that are of our judgment.
If the Lord shall convince and incline your hearts to this motion,
whereby we may be in a fit capacity to confer together for removing our
differences; In that case our opinion is, that by mutual consent, some
time may be appointed for our seeking the Lords face, for the further
knowledge of his controversie with us, and for our direction in the way
of Union in him, that we may in love and sobernesse of spirit speak
of these things which may conduce for the healing of our breach; then
which, nothing is more sincerely and seriously desired by us. But if
this motion may not be hearkened to, and there be a proceeding in these
things which are so grievous to us, and burdensome to the consciences
of many of the Lords People and Ministers, we cannot forbear to warn
you, that we shall be constrained to vindicat our selves and others
from such usurpation and persecution by the use of all lawful and
possible means for our own defence, and for preservation of the truth
and liberties of this Church.
_Subscribed in the name of the Ministers, Elders,
and Professors met at Edinburgh the 11 of
Novem. 1652, By_
_Sic subscribitur_,
SAMUEL RUTHERFURD.
* * * * *
No. VIII.
Edinburgh, 26 November, 1652. Post meridiem. Session 5.
The Commission of the Generall Assembly having received upon the 14
of this instant a Paper presented to them by my Lord Wariston, Mr
Robert Trail, Mr John Sinclar and George Dundasso of Duddingstoun, and
subscribed by Mr Samuel Rutherford, in the name of some Ministers,
Elders, and Professors met at Edinburgh upon the 11 of November, and
having taken the same into serious consideration, do return this Answer
thereunto.
Although we being unwilling to enter upon any debate or inquiry who
have been the Agents in raising, continuing, and heightening the
late differences in this Church (being more desirous to have these
differences and distractions that have followed thereupon removed, and
the memory thereof buried) yet we may say that our Brethrens vigorous
activity therein all along hath been conspicuous enough to all who
have been looking upon the matter. And as we will not question the
willingnesse and readinesse of our Brethren to embrace opportunities
for removing these differences, nor whether for that end they did
forbear the last year to Act Authoritatively, and in the capacity of
Commissioners from the Generall Assembly 1650, (which power they had
assumed to themselves, it being expired and extinct by the Meeting of
the Assembly 1651, by vertue of the indiction of the Assembly 1650,)
and that upon such an Overture made to them as they mention (which yet
seemeth to us not to be wel consistent with their Answer given by them
upon the ________ day of ________ 1651 to the Paper presented to them
from the Provincial Assembly of Lothian) so we remember wel that the
Commissioners of the Assembly 1651 though having no lawfull call and
Authority, did notwithstanding from that time mentioned by our Brethren
for preventing the heightning of differences, not onely forbear acting
any thing in that capacity, but even abstain from so much as meeting
to adjourn, untill the time of the Generall Assembly near approaching,
they behoved to meet in that capacity, for determining the place of
that Assembly ensuing, which had been left in the indiction under
the uncertainty of an alternative, by reason of the times, which was
the onely thing they acted, and could not in reason be accounted a
cause of heightning the differences. Further as the Commissioners of
Presbyteries met in Edinburgh in July last could not hearken to our
Brethren, desiring them not to Constitute themselves into a Generall
Assembly without unfaithfulnesse in the trust committed to them (they
being Commissionated to that very purpose) and without apparent and
inevitable danger of present loosing the liberty of the Publick
Judicatories and Government of this Church, especially considering the
posture of Civil affairs in the time: So we see not how the forbearing
thereof could have been a means of a right peace; we still conceive,
as hath been constantly held in this Church, that a lawfull Generall
Assembly, such as that was, is the most Soveraign means under God to
heal any ruptures and distractions that are in the Church; likeas we
find that it was the endeavour of the said Assembly to the outmost
of their power to compose the present differences, and unite the
distracted Members of this Church, and accordingly did condescend upon
such Overtures as they possibly could perceive to be most conducible to
this end.
Albeit we cannot but signifie our just grief at the unjust reflexions
and aspersions cast upon us and other preceding Publick Judicatories of
the Church, partly indirectly, partly directly in the narrative of this
Paper, and conceive it had been more sutable to the Profession of so
earnest desires of Peace and Union expressed therein to have foreborn
them, yet not doubting of the reality of the desires themselves,
we do heartily entertain those with all due respects. And being for
our part most desireous of Union with our Brethren in the Lord, we
are willing to condescend so far as possibly we can in the trust
committed to us, and with a good conscience by any means to attain
that end: And therefore do declare, that we shal not at this Meeting,
nor hereafter before the third Wednesday of February, Act any at all
in prosecution of any Censure against our Brethren which are already
pronounced, or which may be incurred by them by vertue of any acts
of the two last Gen. Assemblies at Dundee and Edinburgh, relating to
the late differences: And although as to the execution of the Act of
the late Assembly for regulating the Admission of Elders to Vote in
Presbyteries and Synods, and of Expectants to their trialls for the
Ministery; we must leave these Judicatories to that discretion and
prudence that the exigence of their severall conditions requires, yet
we shal interpose with the respective Presbyteries and Synods that they
may, during the space abovementioned, sist, and not proceed further
in any of the foresaid censures: And that we are content and willing
that betwixt and the day foresaid there be a Meeting at a time to be
appointed, before our parting hence, between some of us and some of our
dissenting Brethren in such a number and such a way as shall be most
convenient, considering the case of the time, for holding forth to them
so far as we can, and the Lord shall assist us, light in the matter of
their differences from the Publick Judicatories, and for searching into
further knowledge of the Lords controversie with us, and speaking in
love and soberness of Spirit in such other things as may conduce for
healing our breach. And it shal be matter of our earnest desires and
Prayers to the God of Peace (as we doubt not but it will also be in our
Brethren, if they embrace this way) that he may be graciously pleased
so to blesse these endeavours, that the issue may be a clearing of
His ways to us all, an healing of our wounds, and an uniting of us in
himself, to serve him with one consent, in doing or suffering joyntly
for His Cause and Honour, whatsoever shall be his holy will.
As for that Certification in the close of the Paper, as we conceive
that it might been well spared, so we shall say no more to it but
this, That we are confident that this Commission and the other late
Publick Judicatories, having a calling and being constitute according
to the order of God, and constitutions of this Kirk, are very far
from usurpation; and that both the by past carriage of the respective
Judicatories Publick and Private doth clear them, and our carriage
shal clear us before God and the World from that grievous aspersion of
persecution, the uncharitablenesse and injustice whereof we heartily
pardon, and pray the Lord to pardon in our Brethren.
J. MAKGHIE.
* * * * *
No. IX.
Edinburgh, 27 November, 1652. Ante meridiem. Sess. 6.
The Commission of the Gen. Assembly hath appointed, Masters Ro.
Blair, James Wood, David Forrest, Andrew Honniman, James Sharp, and
the Moderator Mr David Dickson, in case the conveniency of his health
and affairs can permit, to Meet at St Andrews the first Wednesday of
January next; and there to attend such of our dissenting Brethren
as shall come to them, and to confer with them upon the particulars
expressed in the Answer to their Paper.
JO. MAKGHIE.
* * * * *
No. X.
Edinburgh, 27 November, 1652.
Whereas our earnest Desire and Overture for sisting the present
Differences to make way for an Union, hath been met on your part with
no small heightning of the Differences, by your Actings in matters
contraverted, betwixt the time of our giving in an Overture and
your giving answer to it, and by your refusing all and every one of
our just desires and asserting the authority and Acts of the late
pretended Assemblies and Commissions thereof, and by your declaring the
unpossibility of any further condescendance on your part for Union,
then hath been already held forth in the Acts and Overtures of the
late pretended Assembly at Edinburgh: And you having also dissolved
your Meeting before the return of an Answer to us, or hearing what we
had to say to you in reference to your Answer and to the authoritative
appointment subjoyned thereunto; We are necessitated to Declare unto
you that we are not instructed to call any Meeting for Conference with
you in this case of so unsatisfactory an Answer: And that we are free
of any concessions conditionally offered on our part.
_Subscribed in the Name of those who were appointed
by the Meeting of Ministers, Elders,
and Professors to present the Overtures, and
receive the Answer._
_Sic sub._
Mr ROBERT TRAILL.
* * * * *
No. XI.
_Observations upon the Answer of the Commission of the pretended
Assembly, to the Overture of the Brethren who dissent from the
Publick Resolutions: As likewise upon their Letter to Presbyteries._
It is to be observed, that the scope of the Overture made by the
Protesters is, That all claims to power and authority from the
controverted Assemblies at Dundee and Edinburgh upon the one hand,
and all controverted power, as derived from the General Assembly 1650
on the other hand, being laid aside during endeavours for union;
as likewise all Censures, or Acts enjoyning Censures for the late
differences since the said Assembly 1650, at which time this Kirk was
of one judgment, and all Papers against these controverted Assemblies
not yet published, being also for that time suppressed, There should
be a friendly Conference agreed on by mutual consent, for searching
into the Lords Controversie against the Land, and for removing our
differences. The Brethren who stand for the Publick Resolutions are
so far from wayes of peace, as they refuse all conferrence, except
they Treat and confer as the lawful Representative of this Kirk, and
be cloathed with their Commission and Authority; and therefore their
Answer to the Overture is returned in the Name, and by the Authority of
a Commission of the Kirk, and a Committee is, by Act of the pretended
Commission, appointed for that purpose, viz. Their Moderator and some
Brethren of the Presbytery of St Andrews.
2. In that Act the said Committee is limitted in their conference to
the particulars exprest in the Answer to the Overture.