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 Approx. 102 KB of XML-encoded text transcribed from 23 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2011-04 (EEBO-TCP Phase 2). A90092 Wing O114 ESTC R34190 36273263 ocm 36273263 150144

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Early English books online. (EEBO-TCP ; phase 2, no. A90092) Transcribed from: (Early English Books Online ; image set 150144) Images scanned from microfilm: (Early English books, 1641-1700 ; 2233:10) 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. 44 p. s.n], [Leith? : Printed in the Year 1653. Preface signed: A. Ker. Place of publication from Wing (2nd ed.). Imperfect: torn, cropped, and stained, with loss of print. Reproduction of original in the William Andrews Clark Memorial Library, University of California, Los Angeles.

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eng Presbyterianism -- Scotland. Scotland -- Church history -- 17th century. 2020-09-21 Content of 'availability' element changed when EEBO Phase 2 texts came into the public domain 2009-07 Assigned for keying and markup 2009-08 Keyed and coded from ProQuest page images 2009-11 Sampled and proofread 2009-11 Text and markup reviewed and edited 2010-04 Batch review (QC) and XML conversion

OBSERVATIONS Upon the Chief Acts of the two late P. Aſſemblies at St. ANDREWS and DƲNDEE, 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, Pe •• , 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 the Acts of the Aſſembly, and to proteſt againſt all encroachments upon the Liberties of the Kirk; in all which three they failed: 1. In the matter of preſerving the Doctrine, not onely becauſe they taught and allowed, that Malignants being Subjects, might be imployed and intruſted for defence of the Cauſe and Kingdom, as appears at length in their Warning of the date January _____ 1651. and in their Anſwer to the Letter of the Presbyterie of Stirling at the ſame Diet, notwithſtanding that the contrary had been conſtantly taught and holden by this Kirk theſe years paſt, but alſo were inſtrumentall unto the actuall imploying and intruſting of theſe men, which as to man could not but prove deſtructive to the Doctrine, Worſhip, Diſcipline and Government of this Kirk. 2. In the matter of cenſuring Complyers and Perſons diſ-affected to the Covenant, according to the Acts of the Aſſembly, becauſe they did not onely allow perſons who were not of conſtant integrity and affection to the Cauſe, and of a blameleſſe and Chriſtian converſation to be imployed and intruſted, which was contrary to our Solemne Engagement, but alſo becauſe they take off Cenſures which had been formerly inflicted upon many diſ-affected perſons; who had not in their ordinary converſation, given reall teſtimony of their diſlike of the late unlawfull Engagement, and of the courſes and wayes of Malignants, and of their ſorrow for acceſſion to the ſame, and to live ſoberly, righteouſly and godly, notwithſtanding that this was expreſſely provided by the Act of the Generall Aſſembly 1649. and did ordain Presbyteries to cenſure all ſuch Miniſters within their bounds as did oppoſe or bear teſtimony againſt theſe their proceedings. 3. In the matter of proteſting againſt encroachments upon the Liberties of the Kirk, becauſe when ſome Miniſters were confined at Perth by the Civil Magiſtrate for their doctrine, before they were cited or ſentenced by any of the Judicatories for the ſame, they were ſo far from proteſting againſt this, that as they were ſilent when theſe Miniſters were firſt cited, notwithſtanding that the Letter of citation was communicated unto them by the Committee of Eſtates; ſo by a Publick Paper given in to the Parliament, they did condemne the Proteſtation of theſe Miniſters againſt that citation and confinement, which Paper is eſpecially approven in this Act.

C. It is not our purpoſe to fall upon the particulars which are ſaid to be eſpecially approven here; but by the word eſpecially, and by the particulars which are here mentioned, it is evident that the ſpirit which ruled in the Aſſembly at Dundee, was zealous above meaſure for the Publick Reſolutions, moſt of all the Proceedings of the Commiſſion that relate thereunto, or to the oppoſers thereof, or any Teſtimony given againſt the ſame, being particularly mentioned, and eſpecially without leaving out, much leſſe excepting ſo much as their Act concerning the oppoſers of Publick Reſolutions, and Letter to Presbyteries thereunto, by which all of them were appointed to be cited as perſons guilty to the Aſſembly, and ſo were excluded from having any hand to treat or vote therein in any thing concerning the Publick Reſolutions, which beſide the injury done to the perſons, was to prae-limit the Aſſembly, and to make it up of ſuch onely as did approve of their Proceedings.

D. The generality of Malignant and diſ-affected perſons in the Land, who have been enemies to Reformation and godlineſſe, do joyn in this high teſtimony, and cry up theſe proceedings and the Authors thereof, as deſerving high commendation, but moſt of the godly of the Land refuſe to put to their ſeal thereto, and make theſe proceedings the matter of their mourning, begging pardon and repentance unto the Authors thereof.

E. This is another evidence, what ſpirit led that Aſſembly, as every thing muſt be cried up that made for ſtrengthning of the Publick reſolutions, ſo every thing muſt be cryed-down that made for weakning thereof; yea, that very Declaration which before Dumbar was unanimouſly condeſcended upon and approven both by the Commiſſion of the Kirk and the Committee of Eſtates, for holding forth the true ſtate of the quarrell upon which the Kingdom then fought, and for ſhutting out every Malignant party, or quarrell or intereſt. 1. By inſinuating that it hath already been to ſome a ground of unwarrantable proceeding in theſe words of their Act: To the end it may not hereafter be to any a ground of unwarrantable proceeding in reference to the Kings Majesty, or any of his Succeſſours. 2. They take onely one clauſe of the whole Declaration, to wit, that the Kings Intereſt is not to be owned but in ſubordination to God, leaving wholly out another materiall part thereof, to wit, and ſo far as he ownes and proſecutes the Cauſe of God, and diſclaims his and his fathers oppoſition to the Work of God, and to the Covenant, and likewiſe all the enemies thereof; which is again repeated thus in the cloſe of that Declaration, and that they will with convenient ſpeed take in conſideration the Papers lately ſent unto them, and vindicate themſelves from all the falſhoods contained therein, eſpecially in thoſe things wherein the quarrell betwixt us and that party is miſ-stated, as if we owned the late Kings proceedings and were reſolved to proſecute and maintain his preſent Majeſties Intereſt, before and without acknowledgment of the ſins of his Houſe and former wayes, and ſatisfaction to Gods People in both Kingdoms. The omitting of which Clauſes doth ſo far as I can diſcern either from the Aſſemblies own words, or from the judgments and expreſſions of theſe who had chief hand therein, or from comparing things with things, indeed import an altering of the ſtate of the queſtion, and brings it to that which was ſo much pleaded for by the oppoſers of Reformation from the very beginning of our differences with the Kings father, eſpecially by ſome of the Authors of the croſſe Petition in 1643. and of the unlawfull Engagement in the year 1648. to wit, that though the King did not diſclaim his former oppoſition to the Work of God and to the Covenant, and likewiſe all the enemies thereof, and own and proſecute the Cauſe of God, yet we ought to owne his Kingly Intereſt, by admitting him to the exerciſe of his Royall Power, and obeying him in al things lawful, which how far it reacheth, as to the caſting looſe, and condemning of the former proceedings of this Church and Kingdom with the King and his Father, and making a new ſtate of the queſtion, hath been often heretofore ſhewen by this Church, and cannot but be obvious to every intelligent man.

Two Acts of the Aſſembly at Dundee, and one Act of the Aſſembly at Edinburgh, which relates unto cenſures. DUNDEE Julii 31. 1651. antemer. Seſſ. 19.

Act for cenſuring of thoſe who do not acknowledge this preſent Aſſembly, and do not acquieſce to the Acts thereof, &c.

THe General Aſſembly conſidering that all perſons who proteſt againſt, and decline the authority of the General Aſſembly, are cenſurable by the Acts 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 Ʋnity 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. Ʋpon 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 to their ſentences, but exerciſe ſome part of their Miniſterial function, refuſe themſelves, and withdraw others from the obedience of the Acts of the Aſſembly. By the Act at Dundee, all perſons whatſoever who ſhal ſo do, are made liable to excommunication. That the ſin and ſnares of theſe three Acts may be the better underſtood, I deſire a ſhort view to be taken. 1. Of the thing that is thereby made cenſurable. 2. Of the cenſures themſelves. 3. Of the perſons who fall under that cenſure. The thing that is made cenſurable is, the not acknowledging of that Aſsembly, or not acquieſcing to the Acts and Conſtitutions thereof, or refuſing to paſs from the Proteſtations againſt the two late Aſsemblies, &c. things that are in themſelves not cenſurable, but commendable, not ſins but duties, as is ſufficiently demonſtrated in other Papers and Treatiſes which are already publiſhed, becauſe that Aſsembly at Dundee was no free nor lawful Aſsembly.

The cenſures contained in theſe Acts are either in reference to places and truſt in the Church, or in reference to Church-fellowſhip and communion as Church-members. The cenſures of the firſt kind are either for keeping from places and truſt, or for removing from the ſame. The firſt are relative. 1 to Expectants, ſtudents of Divinitie, attenders upon Families, who by the ſecond Act at Dundee, and by their extending the Act of the Aſſembly 1640. Seſſ. 10. are declared uncapable of a Pedagogie, teaching of a School, catechizing of a family, preaching or catechizing in a Congregation, or of a Burſary, or of liberty to reſide within a Burgh, Univerſity or Colledge, or of any other priviledge and liberty allowed to Expectants And by the Act at Edinburgh it is provided, that if any of them be called to a particular charge of the Miniſterie, that the Preſbyterie ſhall not admit him to his trials, unleſſe he do under his hand paſſe from the Proteſtations againſt theſe two Aſſemblies at Dundee and at Edinburgh, and promiſe and give aſſurance never any more to open his mouth, nor put pen to paper againſt the Publick Reſolutions, and the things that have followed thereupon, which they expreſſe by abſtaining from holding up Debates and Controverſies about matters of Differences in this Kirk, ſince the Aſſembly 1650. which if he do refuſe, that there ſhall be no proceeding in his tryals till the next Generall Aſſembly, and that in the mean while liberty be left to the Presbyterie and Congregation to plant the place otherwiſe. 2. To Ruling Elders coming to ſit and act in Presbyteries, who by the Act at Edinburgh incaſe of their refuſall to perform the things formerly mentioned, the Presbyteries are ordained not to admit them to act as Elders in the Presbyterie. Theſe cenſures that concern removing from places and truſt, are determined in regard of Elders in Presbyteries, and Expectants to preach or catechize in Families or Congregations, or have Burſaries, for both theſe (if they do not condeſcend to the former conditions) muſt unjuſtly be removed and diſcharged, the Elder from ſitting in the Presbyterie, the Expectant from his preaching or catechizing, or burſarie. Concerning Miniſters they are not ſo expreſſe, but leave it to Presbyteries, to proceed according to the degree of the offence; yet ſo, as there be clear ground laid for their ſuſpenſion or depoſition; yea far more, becauſe they not onely appoint cenſures equivalent to the ſuſpenſion or depoſition of Miniſters upon Expectants and Elders, and have gone before by their own example, ſuſpending ſome Miniſters, and depoſing others: but do ordain Presbyteries and Provinciall Aſſemblies, to call before them all perſons that do not acknowledge that Aſſembly at Dundee, and to cenſure them; and do alſo in the beginning of the firſt Act declare, That all perſons who proteſt againſt, and decline the authority of the Generall Aſſembly, are cenſurable by the Acts and Conſtitutions of this Kirk, with the higheſt cenſures of this Kirk; and in the body thereof do declare, That the two Acts of the Aſſembly at Glaſgow 1638. (The firſt whereof ordains Presbyteries to proceed with the cenſures of the Kirk to excommunication) are not onely to be extended againſt Miniſters cenſured at Dundee, but alſo againſt all thoſe that oppoſe the Publick Reſolutions thereof.

The cenſures that relate to Church-fellowſhip and communion, are deſigned in the firſt Act, which ſtrikes equally againſt all perſons whatſoever, who are Church-members, Miniſters, Elders, Expectants and Profeſſors, who if they do not acknowledge that Aſſembly at Dundee, are appointed to be cited and cenſured according to the degree of their contempt and obſt nacy againſt the Acts of this Kirk, and if they oppoſe the Reſolutions, or do not acquieſce to the Acts and Conſtitutions of that Aſſembly, then to be proceeded againſt and cenſured according to theſe Acts at Glaſgow which are extended unto them; now the not acknowledging or declining the authority of the Aſſembly is in their conſtruction in the beginning of this Act, cenſurable with the higheſt cenſures of the Kirk, according to the Acts and Conſtitutions of this Kirk, and the oppoſing of the Publick Reſolutions, or the not acquieſcing to the Acts and Conſtitutions of the Aſſembly at Dundee, is to be cenſured with the cenſures contained in the Act at Glaſgow, Dec. 18. Seſſ 28. 1638. Thus all the Miniſters, Elders and Expectants in the Church of Scotland, who do not acknowledge that Aſſembly, or oppoſe the Reſolutions thereof, or do not acquieſce to the Acts and Conſtitutions thereof, are to be laid aſide, diſcharged, ſilenced, ſuſpended or depoſed; yea all the Miniſters, Elders, Expectants and Profeſſors in the Church of Scotland, who do not acknowledge that Aſſembly, or who do oppoſe the Reſolutions thereof, or who do not acquieſce to the Acts and Conſtitutions thereof, are made lyable to excommunication, if after conference they do not receive ſatisfaction.

From what is already ſaid it doth appear who are the perſons (as to the matter of their ſuppoſed offence) are to be cenſured, I ſhall onely adde, that as to their reall qualification and carriage, that they are not ſuch who have been enemies, or diſ-affected to the Work of Reformation, or ſcandalous or looſe in their converſation, but ſuch as have been zealous thereof, and faithfull therein from the beginning, and blameleſſe in their converſation, and cannot acknowledge that Aſſembly, nor acquieſce to the Acts and Conſtitutions thereof for conſcience ſake, having a well-warranted perſwaſion in themſelves, that they do herein walk according to former ſound principles, to depart from which were but to involve themſelves in the common defection with others. And as theſe perſons are ſo qualified in their carriage to the Publick Work, and in their converſation, ſo for their number they make up a very great part of the godly in the Land, whether Miniſters Elders, Expectants or Profeſſors.

An Act and Overture of the Generall Aſſembly, for the Peace and Vnion of the Kirk.

Edinburgh 2. Auguſt, 1652. Poſtmeridiem. Seſſ. 18.

THe Generall Aſſembly being deeply affected with ſenſe of the many and ſad evils & calamities that have already ariſen both to Kirk and State within this Land, by the lamentable diviſions and diſtractions amongſt Miniſters and others of the People of God in this Kirk, and apprehenſive of greater evils which may yet follow, to the over-throwing of the bleſſed Work of Reformation, (which the Lord, in his great and ſpeciall mercy, was pleaſed to ſet up amongſt us, having carryed it through many difficulties and oppoſitions) and to the laying of the Kirk of God waſte and deſolat, if theſe diviſions and diſtractions ſhal continue; And being moſt deſirous, as the Servants of Jeſus Chriſt, who is the Prince of Peace, to uſe all neceſſary and lawfull means (ſo far as their knowledge and power can reach) for preventing the encreaſe of theſe diviſions, and making up of the breaches. And being firmly reſolved, for obtaining of this deſirable end, in all meekneſſe, gentleneſſe and moderation, to condeſcend ſo far as they can, without violation of Truth, and of the juſt authority of the Government and Courts of Jeſus Chriſt in his Kirk) unto their Brethren of the Miniſtery and others of the People of God, who have been this late time by-paſt, and are at difference with the Judicatories of the Kirk, for bringing them to an happy conjunction with their Brethren in unity of the Spirit in the bond of Peace.

Therefore, for giving an evidence and demonſtration of their real intentions & ſincere purpoſe about the premiſſes, as they have already, by ſome of their number commiſſionated for that effect, Declared and made offer to ſome of theſe their Diſſenting Brethren, who were here in the time of the Aſſembly, ſo now again do Declare and make offer by this preſent Act, That the four Brethren, who, by the preceding General Aſsembly at S. Andrews and Dundee, were upon ſpeciall conſideration juſtly cenſured, for proteſting againſt and declining the Authority thereof, ſhal have the cenſures inflicted on them by that Aſſembly for the cauſe foreſaid, taken off them; And further, that no cenſure ſhall be inflicted on them for not ſubmitting to the foreſaid cenſures; yea, and that no cenſure ſhal be inflicted for their Proteſting againſt, and declining of this preſent Gen. Aſſ. Providing 1. that they do paſſe from the ſaid two Proteſtations againſt, and declinators of the two foreſaid Aſſemblies, judicially under their hand, between and the ſecond Wedneſday of November next enſuing, in their ſeveral Presbyteries or Synods reſpective. 2. That they alſo give aſſurance in manner foreſaid, that they ſhall forbear holding up diviſions by debates about matters of our late differences ſince the Aſſembly 1650 in preaching, writing, or any otherwiſe. Likeas the Aſſembly doth Declare and make offer, that all ſuch as did concur in, or have been acceſſory unto the Proteſtation and Declinatour againſt the Aſſembly at S. Andrews and Dundee, and were not cenſured, ſhall be free from whatſoever cenſure might have been inflicted by any Act of the ſaid Aſſembly, and that no ſuch Act ſhall have any force againſt them hereafter in any Judicatory of this Kirk, and that no cenſure ſhall be inflicted on them for their acceſſion unto the late Proteſtation and Declinatour againſt the preſent Aſſembly, Providing they ſhall perform the foreſaid proviſions within the time, and after the manner therein ſpecified.

And for proſecution of this purpoſe, the Generall Aſſembly ordains the ſeveral Presbyteries or Synods of this Kirk to preſent this offer, with the Proviſions therein contained unto all ſuch perſons as are before-mentioned within their bounds reſpectivè: And incaſe the plurality of Presbyteries or Synods ſhal refuſe to propound the ſame, the Aſſembly doth warrand ſuch Brethren as acknowledge the Authority of theſe Aſſemblies, to propound them: and, having made report of their diligence and ſucceſſe therein to the next enſuing Quarterly Meeting of the Commiſſion of the Kirk, if they be then ſitting, thereafter to do as they finde by the Rule of the Word of GOD, and the Acts and Conſtitutions of Generall Aſſemblies of this Kirk, to be moſt neceſſary and conducible for preſervation of truth, for procuring the Peace and welfare of the Kirk, and maintenance of the Authority of the Aſſemblies thereof, as they will be anſwerable to the next Generall Aſſembly; And recommends unto them to take advice of the Commiſſion of the Kirk for their proceeding in any matter of importance of this kinde.

And now the Generall Aſſembly having out of tender affection toward their Brethren, and ſincere deſire of unity and concord with them in the Lord, and for the Lord, condeſcended unto this moderation and meekneſſe, do obteſt all and every one of them in the Name of Jeſus Chriſt, and expect, as they tender the preſervation of the Government of this Kirk (which adverſaries without and within, taking advantage of our diviſions and diſtractions are labouring to ſubvert) and as they love the eſtabliſhing and promoving of the Kingdom of Chriſt in this Land; and will be anſwerable to him in the great Day, that they would, accepting of this offer of love; return unto unity with their Brethren in their ſeverall reſpective places and Judicatories, and concur in an unanimous way, for preſerving and promoving the Work of Reformation in all the parts thereof, and for electing of Commiſſioners to the next enſuing Generall Aſſembly. And if they ſhall (refuſing to accept this offer) continue to hold up the diviſions, the Aſſembly leaveth it to the judgement of all the Kirks of Chriſt abroad, to bear witneſſe if we have not faithfully endeavoured for our part, to heal our preſent breaches; and if we ſhall not be free of the guilt of the ſad conſequences that may come to the Work and people of God in this Land, by continued diſtractions.

J. Makghie.
OBSERVATIONS.

THis Overture, for the ſubſtance of it (as is hinted in the Paper it ſelf) was in the time of the ſitting of that Aſſembly communicated in a Conference by ſome of the Members thereof in the name of the reſt, unto ſome who were ſent from the Meeting of theſe who differ from the Publick Reſolutions, and being reported by theſe Brethren unto the reſt of their number, was taken in conſideration, and reaſons then given (which are herewith printed) ſhewing the unſatisfactorineſſe thereof, and why it could not be embraced; which reaſons are ſtill in force. I ſhall therefore now only deſire theſe two things to be taken notice of in this Overture. 1. That notwithſtanding of all the Solemne profeſſions of reall intentions and ſincere purpoſes of peace and of meekneſs, gentleneſs, moderation and condeſcendence, which are contained in this and others of their Papers, yet they not onely juſtifie and hold faſt all their former grounds and proceedings in reference to themſelves and their own judgments, but impoſe them alſo upon their Brethren (who differ from them, and have been ſo much ſtumbled therewith) as the onely mean of healing and of Peace. And therefore in reference to what is paſt, whoſoever have concurred in, or been acceſſory to the Proteſtation againſt theſe 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, 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 by the deliverance of theſe Letters to ſundry ſuch in ſeverall parts of the Country, and by their ſtickling upon the receipt thereof) even of many of theſe whoſe admittance to Church-fellowſhip, and to power and truſt, is the great ground of the Proteſters ſtumbling and grievance; I mean many malignant and diſaffected perſons, who being formerly excluded were received by the Commiſſion 1650. without ſufficient evidences of their Repentance, and are cleaving unto their former bad Principles, and continuing in their former evill courſes, muſt theſe be firſt admitted without repentance, and then whilſt they are proclaiming their impenitency to the whole Land by their evil fruits, be ſent to reclaim ſuch who did bear teſtimony againſt receiving of them; ſurely this is a ſtrange method, and if there had not been a turning of things up-ſide down it would not have been thus.

B. That ſome of them had ſuch a purpoſe I do not queſtion, but that the greater part had it, is not like. 1. Becauſe at their former Meeting at Edinburgh the twelfth of May, they did refuſe to delay the indicting the Diet of their Aſſembly for a few dayes, until ſome conſiderable number of thoſe who did differ from them might be advertiſed to meet: Notwithſtanding that, it was earneſtly deſired, to the effect that by mutual previous conference ſome right underſtanding might have been begotten, and way made for the chuſing of Commiſſioners and ſitting of an Aſſembly, with the mutual conſent and ſatisfaction of both. 2. Becauſe it being moſt earneſtly deſired, and the Reaſons thereof at large remonſtrated unto them the firſt day of their Meeting, that they would forbear to conſtitute themſelves in an Aſſembly, until firſt there might be a Conference upon theſe Propoſitions. (which deſire and Remonſtrance they do here ſuppreſſe, putting another face upon the buſineſſe) yet did they refuſe the ſame, notwithſtanding that the preſent conſtituting of the Aſſembly was to make the matter hopeleſs, and to put us upon the neceſſity of a Proteſtation, unleſſe by our ſilence being preſent, we would have involved our ſelves in the acknowledgment of an unlawful Authority: and notwithſtanding that the delay was preſſed by ſome of their own number, and that it might have been condeſcended unto, without any detriment to themſelves, or their cauſe, (unleſſe it had been two or three dayes longer ſtay in town) ſeeing they could conveniently according to the ſundry former inſtances of that kind, which were then given, have kept their Aſſembly under adjournment, though not conſtituted.

C. They might have been debated and granted to very good purpoſe before the Aſſembly was conſtituted, and the Judicatorie fixed; becauſe the debating and granting of them in an amicable way, and in a mutual free Meeting of both, was the moſt effectual means of removing differences and begetting a right underſtanding, and ſo of having a free and lawful General Aſſembly, which would have produced an unanimous and effectual Concluſion upon theſe Propoſitions, whereas to refuſe to Debate, or grant any thing by way of friendly conference, or conſtituting of the Aſſembly, and fixing of the Judicatories, was in effect to deny theſe Propoſitions and make them ineffectual, becauſe a main intent of theſe Propoſitions was, to find a remedy for the wrong conſtitution of the former Aſſembly at Dundee, and for preventing of the like now at Edinburgh, which was altogether diſappointed by their proceeding to conſtitute the Aſſembly.

D. There was a neceſſity of a Proteſtation, becauſe the deſire of delaying the conſtitution of the Aſſembly, until there might be a previous conference, was ſo peremptorily and needleſly rejected.

E. The choice was not free, becauſe the Letter of their Commiſſion from their Meeting at Edinburgh in May, did contain a pre-limitation, appointing the election to be made according to a rule, which did include the Acts and Conſtitutions of the Aſſembly at Dundee, which do exclude all that are oppoſit to the Publick Reſolutions; and becauſe there were diſſents and proteſtations againſt the election in ſeveral places, neither were they ſent forth from all parts of the Kingdom, becauſe there were many Presbyteries who did ſend forth no Commiſſioners at all.

F. Whether there were any grievous aſperſions, and unjuſt imputations contained in that Proteſtation, doth appear from the Reply that is given to the Paper, wherein thoſe pretended aſperſions and imputations are holden forth.

G. Yearly General Aſſemblies, rightly conſtituted, and proceeding rightly, are as much and as earneſtly deſired by the Proteſters as by any others; and from the deſire which they have to preſerve the liberty and freedom of theſe, they do bear teſtimony againſt the pre-limiting and corrupting thereof.

H. Nothing was put in print by order of the Meeting, nor was it at all done, until there was no hopes to obtain what was deſired: And what was printed, though it might be to their diſadvantage, yet was it not the diſadvantage of the Truth, or miſ-informing of the Kingdom; but for giving them a true accompt of matters as they then were, and though by the order of narration which they do here make, they inſinuate that things came out in print before the Conference ended, which they afterwards mention, yet was nothing publiſhed in print, until that Conference was given up and made hopeleſs.

I. They alleage, That a Conference was offered by them; but they neither tell when, nor how, nor to whom it was offered; and I beleeve it would trouble them ſo to do, for they did keep ſuch a diſtance that they would neither ſend nor allow any of their number to motion a Conference to their Brethren who were met together, but deſired ſome of their number to tell ſuch of them as they met with upon the ſtreets, that they were willing to confer; and when at length there was ſome meeting of ſome few of both ſides, thoſe of that Aſſembly, who were upon the Conference, could by no perſwaſion nor reaſon be induced to give any note of their Overtures in writing, though it was often and earneſtly deſired, that being clearly communicated to the whole Meeting of Proteſters, they might return a clear Anſwer thereunto.

K. Why this deſire was not hearkened unto, good and relevant reaſon, is given in another Paper long ſince printed and publiſhed.

L. That advantage at that time, for any thing their Brethren know, was open to both alike, and did appear immediatly thereafter to be ſo by their Papers againſt the Remonſtrance and Proteſtation which came abroad in print.

M. There was no diligence nor pains uſed to gather any Hands to their Proteſtation, only thoſe who were come together from ſeveral parts of the Country from their reſpect and affection to the Cauſe (many of which came commiſſionated from others) did put to their Hands; and for that which they ſay of yong-men, or elder, maſters or ſervants, without any tryal or qualification, it is a little diſdainfully and too liberally ſpoken; there were many honourable and grave perſons there, and though ſome were youngmen or ſervants, yet is that 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 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 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 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 the puniſhment of our iniquity, and humble our ſelves before hime, who knoweth but that he might yet have compaſſion upon us, and pardon our ſins, and heal our Land.

July the 28. Antemerid. 1652.

Mr. Andrew Cant, Mr Samuel Rutherford, Mr James Guthry, My Lord Wariſtoun, Mr Robert Trail, Mr John Nevay, Mr James Naſmith, being nominated to meet & confer with ſome Brethren, Members of the preſent pretended Aſſembly, the Inſtructions following were given them, and the Meeting doth require and expect, that they will walk according thereto.

I. That they ſhall declare to the Brethren with whom they are to meet, That as they do adhere to the Proteſtations formerly and lately given in; ſo they do proteſt, that they do not meet nor confer with them, nor receive any Papers from them, as being in the capacity of Commiſſioners of a General Aſſembly, but onely as ſent from a meeting of Miniſters and Elders, wanting any ſuch Authority.

II. That whatever be offered by the Brethren with whom they do confer, they deſire to get it in writing from them, as the mind of the Meeting whereof they are Members; That it being communicated to us, Anſwer may be given thereunto by our whole Meeting.

III. That they do not engage in Conference with them at first about the matter of Cenſures; It being neither the chief nor only ground of our grievance; and becauſe with us things of that nature, and any thing of perſonal concernment, ought to be of the ſmalleſt value, while there are many things in queſtion betwixt them and us, of far higher conſequence to the Kingdom of Chriſt and his Intereſt, as anent the cauſes of Gods controverſie with the Land, and the way of remedy and cure of the former and late defection, and the way of preventing the like in time coming. The eſtabliſhing and promoving the Work of Reformation, and the purging of the Kirk, and the like, as are laid before them in our Propoſitions given in to their Meeting; And that they do intimate to the Brethren foreſaid, that we cannot look upon an offer relating onely to the Cenſures, upon ſome of our number, as ſatisfaction to them or us, and that (beſides what we have ſaid) for other reaſons to be communicated in dise time to their Meeting. And that therefore they ſhall offer to theſe Brethren, and deſire of them, that if there be any Conference at all, the ſubject matter of it may be upon the whole Propoſitions in the order as they ſtand.

IV. That in caſe of their refuſing the latter part of the former Article, they ſhall require and demand from the Brethren of the other Meeting, That they would declare whether we may expect, that theſe from whom they were ſent, will either by the ſaid Brethren, or any other way, give anſwer and ſatisfaction to us anent the Propoſitions, and what is their ſenſe and meaning of the Publick Reſolutions, and anent the Conſtitution, Acts and Proceedings of the Meeting at Dundee, and of this at Edinburgh, and what they minde to do in reference to the ſame.

V. That in caſe there be not ſatisfaction obtained in theſe ſo juſt and neceſſary things, They do profeſſe their own and our diſſatisfaction with any thing that hath been offered by them to us, or anſwered to our deſires firſt or laſt. And that they proteſt for themſelves and us, That as we have ſought Peace, and purſued it by all lawfull and poſſible means, though much in vain on their part. So we are henceforth free from the guilt and blame of the ſad prejudices and evil conſequences whatſomever, which may follow upon their preſent way, and their former and future actings of that nature, ſo contrary and deſtructive to Edification and Peace.

Right Reverend,

VVE have now for theſe fourteen dayes paſt, been imployed in uſing our beſt endeavours, and waited for Overtures from you, for healing the breach, and removing the differences that are amongst us; And now there being no ground of hope given us, nor any deſire made unto us for continuing the Conference, whereby a better underſtanding might be attained; We have thought good before our parting from this place, to ſend unto you this incloſed Paper, together with the Inſtructions given in writing to theſe who were ſent from us to the Conference, the Copy whereof was offered by them to theſe who were ſent from your number, and left with them; Both which Papers we deſire you to communicate to thoſe of your meeting. And ſo we reſt,

Your very loving Brethren in the Lord. Edinb. 29. July 1652. Subſcribed in the name of many Miniſters, Elders, and Profeſſors throughout the Land, who deſire truth and peace. Directed, For the Reverend Brother, Mr. David Dickſon, Profeſſor of Divinity in the Colledge of Edinburgh.
PROPOSITIONS which were offered to the Meeting of Miniſters and others, appointed to be keeped at Edinburgh, July 21. 1652.

WHereas we, and many of thegodly in the Land have been really ſcandalized and ſtumbled at their late Acts and Proceedings, relating to Publick Reſolutions concerning the ſame in the nature and Intention of the Work, to have obſtructed and ſhaken the Work of Reformation (although we think honourably of diverſe Godly and Learned men who have been concurring in the ſame, and dare not judge their Intentions to be ſuch as we think their Work hath been, and do allow charity to others.) Therefore for ſatisfaction of our conſcience, and for ſecuring the Work of Reformation, for purging the Church, and for promoving the power of godlineſſe, and for removing of theſe ſad differences, and for attaining and preſerving a good underſtanding, We deſire,

That they give evidence and aſſurance, that they approve of, and will adhere unto the ſolemn Publick Confeſſion of ſins and engagement to duties, and all the Acts of the uncontroverted Aſſemblies of this Church, concerning the Work of Reformation, in the literal and genuine ſenſe and meaning thereof. And that in diſpenſing of the Ordinances, cenſuring of ſcandalous perſons, receiving of Penitents, trying, admitting, removing and depoſing of Church-Officers, they will walk according to the ſame. That it be laid ſeriouſly to heart before the LORD, how after ſuch a defection, and ſo ſad judgments for it, the LORD may be reſtored to his honor, the Land to his favor, and the like defection prevented in time coming.

That as we are ready in our ſtation, to follow all religious and conſcionable means and Overtures for ſecuring 〈◊〉 guarding the Cauſe and Work of GOD againſt Error, 〈…〉 on the one hand, ſo they would hold out to us a 〈…〉 the ſame againſt dangers from Malignancy on 〈…〉 we would know what ſhall be the Characters in time 〈…〉 which Malignancy may be known and judged.

That a reall and effectuall courſe be taken, according to the eſtabliſhed rules of this Kirk, for purging out, and holding out all ſuch Church-Officers as have not the Poſition, and qualifications required in the Word of God, & Acts of this Kirk; partiularly, where Miniſters depoſed by lawfull Aſſemblies, have intruded themſelves, or have been unwarrantably reſtored by Synods and Presbyteries to their Charges, contrary to the form and order preſcribed in the Acts of Aſſemblies, be romoved, and condign cenſures inflicted, and that ſufficient Proviſion be made for preventing the like in time coming.

That after means be fallen upon and followed for cenſuring of all ſcandals and ſcandalous perſons, and caſting out of theſe who ſhall be found groſly and obſtinatly ſcandalous or ignorant, after they are made inexcuſable by ſufficient means and pains taken for their inſtructing and reclaiming.

That ſome courſe more effectuall than any hath been fallen upon hitherto, may be condeſcended upon, for putting in execution the Acts of this Kirk, anent debarring from the Lord's Table ſuch perſons who are found not to walk ſuteably to the Goſpel, and have not knowledge to examine themſelves, and to diſcerne the Lord's Body.

That in the receiving of Penitents, care may be had that none be admitted to the publick Profeſſion of repentance, or reconciled to the Church, but theſe who are found to give ſuch evidence of their repentance, as is expreſt in the Acts of the Aſſemblies, concerning the receiving of Penitents.

That an effectual courſe may be taken for ſecuring of the Work and People of GOD from the harm and evill conſequences which hath already, and may further enſue from the late pretended Aſſemblies at S. Andrews and Dundee, and the Acts thereof.

FINIS.