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and Synods Thirdly They did take notice of the smaller parts of Presbyteries in severall places of the Country who had withdrawn and separated from the greater part and acted Presbyterially and apart by themselves not onely without the concurrance and consent but against the Authority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
OBSERVATIONS Upon the Chief Acts of the two late P. Assemblies at St. ANDREWS and DVNDEE 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. As also the Instructions given by them to such of their Number as were sent to the said Conference And the Letter directed to Mr. David Dickson for communicating their PAPERS Whereunto is subjoyned the Propositions which were offered to the Meeting of Ministers and others appointed to be keeped at Edinburgh July 21. 1652. Printed in the Year 1653. OBSERVATIONS Upon the Chief Acts of the Two late P. Assemblies at S. Andrews and Dundee the Year of God 1651. and 1652. Act at Dundee approving the Proceedings of the Commission of the former Assemblie July 24. 1651. Postmeridiem THe Generall Assembly having considered the report of the Committee appointed for revising the Proceedings of the Commission of the preceding Assembly a and having also heard the doubts and objections of diverse Brethren against their Acts and resolutions after-mentioned after due examination long and much debate and mature deliberation b The Assembly findes the Zeal diligence wisdom and faithfulnesse of the said Commissioners in the discharge of the trust committed unto them very great and in the manifold difficulties of this last years great and dangerous occasions their watchfulnesse and labours to have been very singular and more then ordinary And therefore do approve their Acts and Proceedings c especially their sense of the Western Remonstrance Perth Novemb. 28 their Answer to the Parliaments Quaere anent the more generall calling forth of the People Peâ—â— Decemb. 13. their Solemn Warning Perth Jan. 6 their Answer to the Letter of the Ministers of the Presbyterie of Stirling Perth Jan. 6. their Answers to the Letters from other Brethren and Presbyteries in relation to Publick Resolutions their Answer to his Majesty and Committee of Estates Letter anent the Protestation of the Ministers of Stirling Perth March 18 their Act concerning the opposers of Publick Resolutions and Letter to Presbyteries thereupon their Answer to the Quaere anent the Acts of Glasses d And in these and the rest of their proceedings do judge them to deserve high commendation e Onely the Assembly having considered their Act and Declaration of August 13 1650. at the West Kirk finding that some have already made ill use of the same And to the end that it may not hereafter be to any a ground of unwarrantible proceeding in reference to the Kings Majesty or any of his Successors Declare that the said Act and Declaration shall not in any time coming be interpreted to have any other meaning then that the King Interest is not to be owned but in subordination to God the Kirk being ever willing as their duty is to own and maintain in their station his Majesties Interest in that suberdination according to the Covenants And the Assembly Ordains Master Robert Bailzie Moderator pro tempore to return to their said Brethren hearty thanks in the name of the Assembly for their great pains travell and fidelitie Sic subscribitur A. KER Observations upon the same Act. A. THere was neither such fair hearing allowed nor such due examination used nor such mature deliberation taken as was requisite in such a case anent which such a multitude of godly Ministers Elders and Professors ' in the Land had so great dissatisfaction in their consciences For 1. Albeit the most materiall and important of these proceedings of the Commission to wit their answers and resolutions about imploying such as were formerly excluded were of things which the Authors thereof acknowledge not to have been determined by any of the former Assemblies of this Kirk as is granted in the Vindication of that Assembly yea of things which to their knowledge were in the judgment of many gracious ones in the Land contrary to many Acts Warnings and Declarations of former Assembles and to the Covenant and the Word of God yet as the Commission had at first determined the same in a very thin meeting at Perth not only before communicating the same to Presbyteries and hearing their judgment there anent but the greatest part of their number being absent and many of them not being at all advertised so did that Assembly at Dundee go on very suddenly notwithstanding that a delay was most earnestly desired at S. Andrews where they first met and that it be expressely provided by an Act of the Assembly 1639 That no Novation which may disturb the Peace of the Church and make division be suddenly propounded and enacted but so as the motion be first communicated to the severall Synods Presbyteries and Kirks that the matter may be approved by all at home and Commissioners may come well prepared unanimously to conclude a solid deliberation upon these points in the Generall Assembly 2. Albeit many things were offered unto them both from the Scriptures and Reason and from many Acts of former Assemblies against the proceedings of the Commission and the approving thereof the reading of a part whereof to wit Sir Archibald Johnstoun of Waristoun their own Clerk his Letter was much pressed at severall Diets by many of their own number yet were not these things heard nor taken in consideration nor could the reading of that Letter be obtained notwithstanding that it was once publickly promised by the Moderator B. Would to God their wisdome and faithfulnesse in the discharge of their trust had been such as might justly deserve such a commendation but we fear that upon examination it shal be found not to have been so 1. Because they did not keep themselves within the bounds of their trust which was to treat and determine in the matters referred unto them as their Commission expressely bears but it was not referred unto them to determine Cases not formerly determined by any Assembly of this Church there is no such clause in their Commission yet did they determine a very grave Case to wit the imploying of these who were formerly excluded which by the chief Authors of that determination is acknowledged to have been indeterminati juris a fault that was the greater because it is provided by the Acts of the Generall Assembly 1641 That since it hath pleased God to vouchsafe us the liberty of yearly Generall Assemblies that no novation in Doctrine Worship or Government be brought in or practised in this Kirk unlesse it be first propounded examined and allowed in the Generall Assembly 2. Because they did not onely go beyond their trust but walk contrary unto their trust great part of their trust was to preserve the established Doctrine Discipline Worship and Government of this Kirk against all who should endeavor to bring in any contrary thereunto to censure Complyers and persons disaffected to the Covenant according to
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