two Assemblies must passe from the same judicially under their hands between and the second Wednesday of November next ensuing in their severall Presbyteries or Synods respective and in order to the Publick Resolutions must give assurance in manner foresaid that they shall forbear to speak or to testifie any more against the sin of these which they expresse by forbearing to hold up divisions by debates about matters of our late differences since the Assembly 1650 in preaching writing or any otherwise and in reference to what is to come the Acts of the Assembly at Dundee for censuring of all these who do not acknowledge the Constitution of that Assembly or who do oppose the Resolutions or who do not acknowledge the Acts and Constitutions thereof stand unrepealed to which a new one in this Assembly at Edinburgh is added excluding all Expectants and Ruling Elders who refuse the conditions contained in this Overture When I think upon these things I can not but call to minde and lay before others to whom Union and Peace which is so much pleaded and pretended may and ought to be sweet and dear 1. That which was spoken publickly in that Assembly at Edinburgh by one of their own Members whilst they were upon the debate of their Acts and Overtures about these differences to wit All the Reverend Brethren speak for moderation but I think we are very like those in Micah who cry peace peace and bite with their teeth Micah 3. v. 5. Secondly The practice of our Prelates in Scotland who after they had usurped upon the Church and brought in many of their corruptions did aggravate cry out of all the evils of divisions and schisme and much plead for and make great professions of a desire of union and peace that the Church might be strengthened against the common enemy by whom it was threatned with great danger and against whom they did professe much zeal but so as they did alway hold fast their corruptions and go on therein from year to year and would not yeeld to any other grounds of union and peace but such as did include the approbation of and subjection to their authority and proceedings and yet did alwayes charge their Brethren who did bear test mony against their defection and could not be consenting to their courses as men of unpeaceable dispositions and turbulent spirits who would rather rend the Church of GOD and fill all with confusion and division before they did not satisfie their own proud and contentious humours in striving as they alledged about things of no great consquence relating to Church Policy when there was no difference in matters of Doctrine who so pleases to look upon the records of that corrupt Assembly at Lithgow 1608. will find that the Prelates and their party who prevailed in that Assembly make a great deal of noise concerning the distractions of affections and diversity of judgments that was arisen amongst the Ministery and upon the first of these they do insist at length holding it forth to be carnall and therefore say they the more dangerous because it suffers not the Brethren whose affections were separated to unite themselves with effauld and uniforme counsels and advice to resist the subtile practices of the common enemy and so gave him place with his subtile crafts and shifts to enter into the Kirk of GOD and thereby to supplant and undermine the same Therefore their advise is that as the danger increases by the nourishing of the distracted affections of the Brethren even so the cure was the more necessary and hastily to be applied to wit that the whole Brethren of the Ministery should presently in the fear of God lay down all rancour and distraction of hearts and affections which either of them hath born against others in any times and be reconciled with hearty affection in CHRIST as becomes them who are Ministers of the Word of GOD and Preachers of peace and Christian life and charity to his people to the effect that by this hearty reconciliation hearts and advice may be communicate for disappointing of the crafty devise of this common Enemy But as to that which was the reall and first fountain of this distraction and difference of judgment to wit Ministers voting in Parliament their taking of Prelacies and fetling constant Moderators no acknowledging of these things as a sin or passing from them as corruptions but holding them fast and building a further superstructure of declining upon them whilst in the mean time by their professed forwardnesse against Papists who was then the enemy with whom the Church had to do and the arguments taken from the benefite of union and peace and the sad consequences and bitter fruits of distraction and division and the small importance of the things which were then in question amongst Brethren did prevail with many of the Ministery not only to engage themselves in a solemn way in the Assembly and in their Presbyteries with holding up of their hands to lay down and cast away all grudge and rancour that any of them did bear at another and to maintain union of hearts and affections and to continue in mutuall friendship and holy amity in GOD as becomes the Pastors of the Kirk of Christ which was a thing in it self very good and commendable but also to be silent in all matters of difference about the Government and Discipline of the Kirk by which it came to passe lest they should thereby hinder union and peace and weaken joynt endeavours against the common enemy that whilst the Shepheards were sung asleep the foxes came in and destroyed the vines which may give warning to all the Ministers Elders and Members of this Church who desire to have the work of Reformation preserved in purity and promoved in power that they be not as their fathers and Predecessors not long ago charmed into silence by the sweet songs of union and peace untill they be cheated out of the precious Truth and pure Ordinances of GOD but that they take notice of and resist the beginnings of evill by refusing to be consenting thereto and concurring therein though haply they should because of this be cryed out on as the troublers of Israel and as these who weaken the hands of the Church against the common enemy by contending about things of no great importance The other thing which I take notice of in this Overture is that notwithstanding the authors and approvers thereof charge the Protesters with laying of the grounds of separation and for making good their charge do amongst other grounds alledge that though they be but the smaller and the fewer number they take upon them to judge and act in the things of the Church and to exercise jurisdiction and authority over their Brethren Yet in this Overture this power seems to be given by the Assembly to the smaller part or fewer number in Presbyteries or Synods who acknowledge the authority of these two Assemblies at Dundee and Edinburgh
receiving of penitents J. MAKGHIE OBSERVATIONS This Act as is professed and given out by many was not only intended but if they may be trusted doth indeed and upon the matter give full and clear satisfaction to the Propositions which were offered by the Protesters unto their Brethren of the Assembly at their first down-sitting as the best means for satisfying of their consciences securing of the Work of Reformation purging the Church promoving the power of godlinesse removing of these sad differences and for attaining and preserving a good understanding and therefore these as they alleadge being satisfied the propounders of them not acquiescing therein must have some other thing before them Therefore for vindicating of these I shal mark a few things for shewing how unsatisfactory all that is contained in this Act is unto the desires contained in these Propositions untill there may be opportunity to make a more full discovery thereof 1. To passe the ambiguity of their Answer to the first part of the first Proposition wherein it is desired that they give evidence c. They omit the whole second Proposition to wit That it be seriously laid to heart c. which in order to the ends that are propounded in the Preface to these Propositions to wit the satisfaction of our Consciences is as to the present condition of affairs betwixt them and the Protesters the most important of these Propositions yea in their other Papers these things which the Protesters complain of as defection they commend as duty and professe their adherence thereunto and appoint censures to be inflicted upon all the opposers thereof 2. They also omit the whole third Proposition to wit That as we are ready in our station c. by which ommission they give just ground to suspect that there is in their apprehension no malignant party that needs to be discovered or from whom the Work of God stands in danger and though the Protesters do not in the first part of the Proposition take upon them to secure and guard the Cause and Work of God against errour heresie and schisme but onely by this Overture gave evidence of the sincerity of their intentions in order to that end that so they may satisfie their Brethren in the matter of their Jealousies thereanent yet as they do still apprehend a great danger to the Lords Work from a numerous party of malignants still in the Land so are they much unsatisfied that the Assembly gave no expression of their sense of danger this way nor evidence of their willingnesse to concur in securing against the same nor hold forth any way for the discovering and knowing of these for the time to come 3. Whereas they seem to grant much in order to the trying admitting removing and deposing of Church-Officers censuring of scandalous persons dispensing of Ordinances and receiving of penitents they do really and in effect grant little or nothing yea they do expresly refuse the desire of the Propositions upon these things and establish the very contrary Because the desire of the Propositions is that the late Meeting at Dundee and the Acts thereof being taken out of the way and the Work and People of GOD secured from the harm and evill consequences which have already and may further ensue from the same as is expressed in the last Proposition which they wholly omit all these things may be done according to the Acts of former uncontroverted Assemblies of this Church concerning the Work of Reformation in the literall and genuine sense and meaning thereof but their grants and concessions do include for the rule according to which they are to be regulated viz. the Acts of General Assemblies and Constitutions of this Church indefinitely which in their sense doth clearly and undeniably include the Acts of the last Assembly at Dundee and Edinburgh which instead of purging of the Church from ignorant and disaffected and scandalous Ministers and Professors purge it from a very great part of the able well affected good Ministers Elders Expectants and Professors of the Land because of their not acknowledging the authority and acquiescing to the Constitutions of these Assemblies 4. Their actions which before the Lord and also with intelligent and discerning men are the most reall evidences of the reallity and sincerity of mens intentions since that time do demonstrate whether they have granted the desire of these Propositions Tell me how many ignorant disaffected scandalous Ministers or Elders are censured by the Authors of the Publick Resolutions since the last Assembly or how many lawfully deposed and unlawfully admitted are proceeded against c. They would fain find some shadow of an excuse for so grosse an oversight and cast the blame upon the Protesters who say they have so weakned the authority of the Church that her censures are rendered altogether ineffectuall But 1. To say nothing that spirituall censures are not alwayes to be foreborn because men refuse to obey yea in many cases they are the more vigorously to be prosecuted 2. With what colour of reason can it be alleadged that those who not onely acknowledge their authority but very zealously pleading for it as most of the scandalous and diseffected Ministers and Elders of the Land do will not submit unto it 3. It is time for them to plead that excuse when they meet with that difficulty tell me how many of that kind can be instanced whom they have not censured who have not submitted to their censures 4. The not submitting to their censures doth not hinder them to proceed very zealously against sundry Ministers and many Elders who adhere unto the Protestation and bear testimony against the Publick Resolutions Let Consciences speak as before the Lord whether they have faithfully and zealously improven the power and authority that remains with them in Synods Presbyteries and Sessions for purging of the house of God even according to these things which they seem to grant or whether they have not been negligent exceedingly in this to say no worse and imployed most of their endeavours and zeal to bear down the Protesters REASONS why the Ministers Elders and Professors who protested against the Pretended Assemblies at St. Andrews Dundee and Edinburgh cannot agree to the Overtures made unto them at the Conference upon the 28. and 29 of July 1652. c. ALbeit the Essayes and Endeavors which were used by us before our coming hither for removing of Differences and attaining of Union and Peace upon such grounds as might indeed bring forth a discovery of our and the Lands Sin and contribute for removing the guilt thereof and for securing and promoving the Work of Reformation amongst us might in a great part have acquired our consciences and cleared us before the world yet the deep sense that we had of the many and great prejudices which do ensue to the Work and People of God by our continued Divisions and our ardent desire of Peace and Union upon the grounds foresaid constrained us
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 Eodem die at Dundee Ses 19. antemerid 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 priviledges and liberties allowed to expectants appointing Presbyteries and Provincials to proceed against them accordingly Edinburgh 3. Aug. 1652. antemer Sess 19. Act concerning admitting Expectants to their tryals and Ruling Elders to act in Presbyteries and Synods THe General Assembly having out of their earnest desire of the Peace and Vnity of this Kirk condescended upon an Overture of Peace and not onely propounded it to some Brethren who were here opposite to the Publick Judicatories of this Kirk But also in pursuance of that end Ordained the said Overture to be presented and offered by the several Presbyteries or Synods to all in their respective bounds who have Protested against and Declined or consented or adhered unto the Protestations and Declinatours made against this and the preceding General Assembly and the conditions therein contained to be required of them And considering the great prejudice like to arise to this Kirk by encreasing of our unhappy Differences and Distractions if young men shal be admitted into the Ministery which shal still blow the sire of contention and continue in avowed opposition to and contempt of the Publick Judicatories Therefore Ordains Presbyteries to take special care that upon the calling of any Expectant to a particular charge of the Ministery before they admit him to his trials they require him under his hand to passe from the Protestations and Declinatours against this and the preceding General Assembly if he hath been accessory to the same and to promise and give assurance that he shal abstain from holding up Debates and Controversies about matters of Differences in this Kirk since the Assembly 1650 in Preaching Writing or other Wayes Vpon the performance whereof the Presbyterie shal proceed to his trials if not in that case the Presbyterie shal foebear to proceed until the next General Assembly leaving liberty to the Presbyterie and Congregation for planting of the place otherwise And the Assembly Ordains and requires that Presbyteries be not sudden to lay by such young men as at first refuses or scruples to perform these conditions mentioned but that pains be taken upon them to convince them of the reasonablenesse thereof and to perswade them to embrace them and to give them a competent time for that effect Likeas the Assembly considering the prejudice of Elders coming to 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 THese three Acts I have put together because they are much of the fame or like nature that is such as ordain censures upon these who do not acknowledge the authority of that Assembly at Dundee or who shall not acquiesce to the Acts and Constitutions thereof or who shall not passe from the Protestations against these two pretended Assemblies at Dundee and Edinburgh and I offer unto the Reader these animadversions upon them 1. That in the first Act at Dundee the Act of the Assembly at Glasgow 20. Decemb 1638. Sess 26. is not faithfully made use of but by leaving out of some words is stretched beyond the sense and meaning thereof The words of that Act Decemb. 20. 1638 are that all such as are scandalous and malicious and will not acknowledge nor acquiesce unto the Acts thereof be censured according to their malice and contempt But at Dundee these words scandalous and malicious are left out and the censure is extended to all persons that do not acknowledge that Assembly how blameless or holy soever they be in their carriage or how tender or sober soever they be in not acknowledging the same 2. Whereas the Act of Glasgow 1638. Decemb. 18. Sess 24. Ordains Presbyteries to proceed with the censures of the Kirk to excommunication against those Ministers only who being deposed acquiesce not
no imputation either to themselvs or to the cause which they maintain for it 's neither mens age nor condition that doth difference them in the matters of God but their qualification and carriage which is known to be blameless and christian as to those who subscribed the Protestation and if they can give any instance to the contrary I beleeve the Protesters will take it for a favour to have any inordinate walker of their number discovered unto them shall accompt it not the weakening but the strengthening of their Cause to be rid of such yea at that Meeting where the Protestation was subscribed it was their care to admit none to joyn with them but such as were of a known integrity or if not so well known to all yet such as had the testimonie of others who were known to all and being such how mean soever their condition was that could not be a reason or ground to refuse their testimony when it was willingly offered N. Albeit a great deal adoe is made upon that expression yet there is truth in the bottom of it most of these in the Land who have a testimony in the consciences of truly godly Ministers or Professors either upon the one side or the other for acquaintance with God and the power of godlinesse being of that mind and if this expression satisfie not that the generality of the godly stand for that divisive way I shall give them one that they can lesse contradict that is that the generality of the wicked are against that divisive way and for their uniting way yea I trow that sober men among themselves will not refuse it that the wicked Malignant loose prophane persons in the Land almost to a man and as one man do zealously and to their pith oppose and contradict and reproach that divisive way and cordially promote and commend their uniting way or the way of these two Assemblies at Dundee and Edinburgh and though this argument be now undervalued yet was it wont to bear weight in the 48 year of God against the unlawfull engagement And I confesse with me is of a very great weight That which relisheth so well to the palate of prophane loose men and of such as have zealously opposed the Work of God and the power of godlinesse these years past and wherein their hearts doth so much rejoyce I fear hath too much of the spirit of the world too litle of the spirit of God in it O. This way doth not divide from any point of the truth of God but leads in the good old path of former sound principles and cannot be justly charged as divisive because it will not unite with a course of defection and therefore there can be no just reason to say that it tends to the hindering of Reformation and Peace The true fountain of our divisions doth spring from the Publick Resolutions which divided many from received truths and former principles and did necessitate others to evidence their cleaving thereto by testifying against such back-sliding neither know I any thing that hath so directly tended to the hinderance of the Work of Reformation as their Publick Resolutions did The Work of Reformation as to the outwards of it in Church and State did much stand in purging the Ministerie and Elderships and the Judicatories and the Army and have not all these been obstructed by the Publick Resolutions which laid a foundation for bringing into the Army and the Judicatories men of questionable integrity disaffected to Reformation and of scandalous conversation and hath not onely blunted but turned the edge of any zeal that was formerly bent against ignorant dis-affected and scandalous Ministers and Elders and Professours against these who cannot be consenting to the late courses P. Separation and Schisme hath been the ordinary charge of back-sliders against such as would not concur with them in every age of the Church and some of the most eminent of these who are now for the Publick Resolutions may remember that they were not only loaden herewith by the Prelats when they did oppose the course of conformity but also by all the Malignant and dis-affected persons in the Land when they did oppose the course of malignancie but to say nothing that this Assembly at Edinburgh have taught the Protesters a way of separation which they cannot well condemne unlesse they condemne their own judgment and practice I mean the allowing of the smaller part not only to divide from the greater but also to act without them and exercise authority over them I desire 1. that they will be pleased to let the world know what truth that hath been taught in the Church of Scotland either concerning Faith or good Works or Worship or Discipline or Government they have departed or separated from Is it a separation because they will not approve of nor submit unto the authority of two corrupt and unfree Assemblies 2. I desire it to be considered that whatsoever be in the matter of separation the Protesters are not separantes but separati not fugientes but fugati they are driven violently by unjust censures and persecution as I have already shewen from the Publick Acts. Q. If they be indeed of the opinion that difference of judgment in these things should be no prejudice to joynt acting in Publick Judicatories then it concernes them for their own vindication and for reconciling their practice with their opinion to tell us why their Assembly at S. Andrews did not onely approve of the Act of Commission appointing those who oppose the Publick Resolutions to be censured but also made Acts of their own for censuring of such and why the Assembly at Edinburgh did ordain That Elders and Expectants who will not engage themselves under their hands to abstain from holding up this difference are to be excluded from sitting in Presbyteries and being received as Ministers sure if this difference need be no prejudice to joynt acting in Publick Judicatories the maintaining thereof is without ground made a cause of censure which must incapacitat men to act or of exclusion which must bar them from joynt acting in Judicatories what shal be said to this I do not know unlesse it be alleaged that it is not simply difference of judgment that is made a ground of censure or exclusion but difference of judgment kythed in opposing the Publick Resolutions or holding up debates and controversies in preaching or writing about these things but first if it be meant of that difference of judgment that is inward onely it is to small purpose because that being latent and not known to me cannot be made a ground for my with-drawing from joynt acting with these who thus differ from me and if it be known and professed how shall there be any known difference of judgment without some opposition to the adverse judgment especially if it be established in a Law he who professes and declares the difference of his judgement from the Law and dis-satisfaction