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A90092 Observations upon the chief acts of the two late p. assemblies at St. Andrews and Dundee, the year of God 1651, and 1652 together with the reasons why the ministers, elders, and professors, who protested against the said pretended assemblies, and the pretended assembly at Edinburgh, cannot agree to the overtures made to them at the conference upon the 28. and 29. dayes of July 1652 ... Ker, A. 1653 (1653) Wing O114; ESTC R34190 31,457 44

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therewith is he not in so far a weakner gainsayer and opposer thereof 2. If they mean it thus they have not measured the same measure unto themselves and to others they will have others to passe from their Protestations under their hands and to engage themselves not to hold up debates otherwise they will not act joyntly with them in the Judicatories nor allow them the legall capacity to act at all and yet while they will do no such things themselves in reference to their Assemblies and the Acts thereof yea will have these Assemblies to stand as free and lawfull and all the Acts thereof wherein their judgment is involved as binding and obligatory they desire that their Brethren may be dealt with not to let this hinder them from a joynt acting in the Publick Judicatories 3. If it be onely the opposing of Publick Resolutions and the holding up of debates that they quarrell with how is it that in Presbyteries they will have young men who have hitherto been silent publickly to declare themselves anent these things or else refuse to admit them to their tryals or to stop them being admitted or to refuse them Testimonials being approven Act for putting in execution former Acts and Constitutions of Generall Assemblies anent trying admitting removing and deposing of Church Officers censuring of scandalous persons receiving of penitents and debarring of persons from the LORDS Table Edinburgh 3. August 1652. Postmeridiem 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 gain-sayers 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 acurate 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 sutably 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
because both in the matter of propounding the Overture and in the matter of reporting of diligence and in after doings the same things are committed and intrusted to the fewer or smaller number which are committed intrusted to the whole or greater part of the Presbytery or Synod It is true that they ordain them to do as they find by the rule of the Word and the Acts and Constitutions of the Gen. Assemblies of this Kirk to be most necessary and conduceable for preservation of Truth for promoving the peace and welfare of the Kirk and maintaining of the authority of the Assemblies thereof but yet puts a restriction upon the smaller part to proceed even to censures against the greater part but onely layes down the rule according to which they ought to proceed and the ends which they ought to have before them in their procedures when they do proceed unto or abstain from censures as seems to be clear by their way of Expression and to confirm that this is the meaning I desire it to be considered First that if they had an other meaning it had been easie for them to expresse it in such words as would have holden forth their sense clearly and unquestionably Secondly these limitations which they use as to the matter of procedure are equally holden forth both to the greater and smaller part of Presbyteries and Synods Thirdly They did take notice of the smaller parts of Presbyteries in severall places of the Country who had withdrawn and separated from the greater part and acted Presbyterially and apart by themselves not onely without the concurrance and consent but against the Authority and declaration of the greater part yea they did receive Commissioners from some of them and admitted them to sit as Members of their Assembly Fourthly they gave Commissions for over-powering the greater part in some Presbyteries that Churches might be planted and things done contrary to the minde of the greater part If notwithstanding of these things or any thing that is intended in the Overture it self they will vindicate it from such a meaning I believe it shall be acceptably taken off their hands but untill it be done I wish none of them may charge the Protesters with separation upon that-ground for which they themselves to the apprehension of the Protesters have both in their acts and practice clearly paved the way Edinb 5. Aug. 1 52. Antemer Sess 23. a Right Honourable right Worshipfull and Worthily respected VVE being met in Edinburgh at the time appointed by the former Assembly at Dundee b 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 c 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 d was met with a Protestation prepared before hand for a declinatour of the Judicatory and all the Commissioners of Presbyteries e as freelychosen as any were and sent forth from all parts of the Kingdom In which Protestation were contained f many grievous and unjust aspersions upon us and others who dare not pass from the possession of g yearly Generall Assemblies which being in former times interrupted was purchased at a dear rate before it was recovered h 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 i 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 k 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 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 l Brethren have the advantage of the Press for the present and and are too 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 n 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 o 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 conferrence 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 p uncouth separation that it grow not greater q 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 General Assembly by _____ OBSERVATIONS A. It fufficeth not the authors and abbettors of the Publick Resolutions who were Members of that Assembly to have stirred up the Civil Magistrate against their Brethren and to have made acts in the Commission where these Resolutions were first taken first requiring Presbyteries to censure the opposers thereof then to cite them to the Assembly and in these two Assemblies for excluding and removing them from all Ecclesiastick imployment from Church communion and fellowship but they must now for ensnaring of them or rendering them contemptible and hatefull throughout the land write this Letter to Noblemen Barrons c. in all the parts of the Country The direction or inscription is comprehensive which is also proven
to lay hold upon the opportunity of your meeting together at this time and to represent unto you some necessary and just Propositions as a fit subject of our conference and that we were willing to hear what should be offered by you to us in order to these ends and that therefore you would forbear to assume unto your selves the power of or constitute your selves into a Gen. Assembly And when we found this in-effectual and our Union rendred more hopeless by your denying a desire so just and reasonable and so agreeable to the practice of former Assemblies as was instanced before you by these who knew the Records Nevertheless upon a surmise of a purpose in you to confer with us we did for divers dayes wait upon you being desirous to have seen upon your part some serious applying of your selves to the real means of healing and to have found solid satisfaction unto the things contained in the Propositions offered to you by us But in place of this the Brethren who were appointed by you to confer with some of our number did intimate unto us that all which they had in Commission to make offer of was That ye were willing to take-off the Censures inflicted by the former Assembly at St. Andrews and Dundee and the Censurableness that persons who have transgressed against the Acts thereof might be liable unto Providing that these Brethren censured and deserving Censure should pass from their Protestation against the former and present Assemblies and judicially before their Presbyteries and Synods engage themselves under their hands not hereafter to deliver their Judgments in Preaching or Writing or any way else to hold up the late differences Which Overture when it was earnestly desired by these of our number to be given to them in writing according to their Instructions not only because it was divers wayes represented by such of your number as did confer with them but also that they might the more perfectly and better understand the same and be able to make an exact report thereof to these who sent them and mistakes thereupon might be Prevented It was most peremptorily refused albeit most earnestly urged and desired during the whole time of the Conference Therefore having set down the same as truely and impartially as our judgments and memories could attain We do for our own vindication and satisfaction of others give these Reasons following why we cannot accept thereof I. Because there is hereby no remedy at all offered for the course of defection involved in the Publick Resolutions nor for preventing the like for time to come which is the main ground of difference but upon the contrary we are required upon the matter to retract our Testimonies thereanent and judicially to give Bonds and Engagements hereafter to be silent concerning the sin and guilt thereof II. Because our passing from our Protestation doth import a real acknowledgement of the lawfulness and freedom of the Assemblies in regard of their constitution and of power in them to inflict and take-off Censures and so by our own consent doth not only retract and condemn the testimony which we formerly gave against the same But also obstructeth the remeading of what is past and the attaining a lawful free General Assembly for the time to come and so wreaths about our own neck and the necks of the Lords People the yoke of unfree corrupt and unlawful Assemblies III. Because the offer which is made though it contains Immunity in regard of these who have not aquiesced unto or opsed these Acts for the time past yet the Acts of themselves do notwithstanding thereof still stand in force as a ground of persecution against all these Ministers and Professors who shall not accept of the conditions contained in this offer or thereafter fail in performance of the same IV. Because this offer is so far from reaching satisfaction to all or most part of the Propositions offered by us that it doth not give satisfaction to any one of them put pitcheth upon a particular which ought to be of least consequence with us as importing but our personal suffering without taking notice of the Lands defection and of those things which do concern the Kingdom and Interest of JESUS CHRIST and the purging of his House and what a sin and provocation should it be against the Lord and what a stumbling and grief of heart unto the godly who have concurred in these Propositions and after such a defection do expect repentance and reformation and the purging of his House of corrupt Officers and Members if we should make such a transaction as seems to promise present sesecurity to our selves but doth not contribute for preserving of the Truth and attaining a solid Peace and Union in the Lord. V. We cannot see how the passing from these Propositions and the taking upon us such Engagements for the time to come as are desired should not involve us in the condemning of our own judgments and in the acknowledgment of a sin and offence in making these Protestations and bearing testimony against the Publick Resolutions and import that what is done by you in taking off of Censures and censurableness as you term it is an Act of meer favour and grace upon your part unto Delinquents upon their repentance And though we hope that we shall never be ashamed but esteem it our mercy and glory to acknowledge any thing whereby we have provoked the Lord or offended others yet being more and more convinced in our consciences that what we did in these things was a necessary duty we dare not purchase immunity and exemption from Censures at so dear a rate as to deny the same we shall rather choose still to be sufferers and to wait upon the issue that the Lord shall give then to provoke the eyes of his Glory grieve the spirits of his People and wound our own Consciences by so unsatisfying and so sinful a transaction And conceiving that we shall not have the opportunity to speak unto you hereafter as being now about to dissolve our Meeting We do from the zeal that we owe to the honour of God and from the tender respect we owe to you as Brethren and for exonering our own Consciences most earnestly beseech and obtest you by your appearing before the Lord Jesus Christ to give your selves unto Prayer and searching of your own hearts and way in Order to Publick Resolutions and Actings untill each of you finde out wherein ye have turned aside from the straight way of the Lord and imployed your gifts and power not for Edification but for grieving the spirits of many of the Godly and strengthening of the hands of the wicked and to Repent thereof and to do no more so least wrath be increased from the LORD the Godly of the Land more offended and our breach made wider and our wound more incurable If both you and we might obtain mercy of the Lord to know our trespasse and why he contends and to accept