Records of the Kirk of Scotland / containing the Acts and Proceedings of the General Assemblies from 1638 downwards, as authenticated by the clerks of assembly.

by Church of Scotland. General Assembly

2. That they doe not find that the Kinges Maᵗⁱᵉ and Committee of Estaits, in requyring the forsaid brethren to compeir befor them, or the Committee of Estaits, in ordaining them to stay at Perth or Dundie, wntill a fuller meitting of the committee, haue not trenched or incroched vpone the liberties or preuilidges of the kirke, or wronged the same in aney wayes; for, first, quheras, in the first protestatione, made vpone the King and committees requyring the brethren to compeir, and ther compirance, the ground of the protestation is layed doune to be, that they wer citted vpone a naratiue relating to ther doctrine and ministeriall dewties, and that the judicatories of the kirke are the only and competent judges of thesse thinges. These is so far from evidencing aney incrochment made by the King and committee vpon the preuilidges of the kirke, that one the contrarey, as thus layed doune, without aney qualificatione, it importeth a grate wronging of the iust right of the ciuill magistrat, as if it wer not proper to him in aney caisse to judge of thesse matters, which is contrair to the doctrine of the quhole Reformed Kirke in generall, and particularlie of this Kirke of Scotland; to witt, that the ciuill magistrat hes power and authoritie, and is oblidged, in his ciuill and coerciue way, to censure and punishe idolatrie, schisme, vnsound doctrine, ministers neglecte or perwersues in doing ther ministeriall deuties and functions: and if he may and ought to censure and punishe thesse thinges, may he not citte ministers to compeir befor him, vpone ane naratiue relating to thinges of that kynd, without encrotching or wronging the liberties and preuelidges of the kirke?

The Generall Assembley of this Kirke, in Aᵒ 1647, in ther approbatione of the 8 heades of the 3 propositions, (wich wer recommended to be examined by the theologicke faculties for a more particular approbatione of the assembley) holdeth furthe, that notwithstanding the ecclesiasticke gouerniment is intrusted and committed by Chryste to the Assemblies of the Kirke, &c. &c. zet the ciuill magistrat ought to suppresse, by corporall or ciuile punishment, suche, as by spreding errors or heresies, or by fomenting schisime, gratly dishoners God, dangerously hurte religion, and disturbe the peace of the kirke; and the same propositions proposed, holdethe furthe, that the orthodox kirkes beleiue, and doe willinglie acknouledge, that eurey lawfull magistrate, being appoynted the keper of bothe the tables of the law, may, and ought, cheifflie to take caire of Gods glorie, &c.; as lykwayes, to punnishe als weill atheists, blasphemers, heretickes, and schismaticks, as troublers of justice and ciuile peace; and propo: 63, the same sin, in the same man, may be punished one way by the ciuile magistrat, and ane vther way by the ecclesiasticke power; by the ciuile power, wnder the formalitie of a cryme, with corporall or pecuniall punishment; by the ecclesiasticke pouer, wnder the notion and nature of a scandall, with spiritual censure, euen as the same ciuill questione is one way handled by the magistrat in the senat, and ane other way by the ministrie in the presbeterie. See also the lait Confessione of Faith, in the head of the ciuile magistrat, and Didoclauius, in his Altare de primatu regio; and Mr Rutherfurd, in his dew right of presbeteries, is werey full and cleir; as page 287, A pouer external obiectiue about kirke matters, as to causse kirkmen doe ther dewtie, is proper to the magistrat; page 393, in his 3d conclusione, especially 394, The King is not only to punishe quhat is contrair to externall quietnesse, bot also quhat is contraire to supernaturall happinesse of the kirke; for he is to take vengance vpone blasphemers, idolators, profest vnbeleiuers, neglecte of religious administratione of sealls, and the eatting and drinking damnation at the Lords table; and page 397, The King, as a nursinge father, aught to see that the chyldes milke be good and quholsome, thoughe it come not out of his auen breist, so that it seimeth werey strange that the magistratts requyring thesse brethren to compeir vpone a narratiue relatinge to ther doctrine, &c.; and the alledgeance that the magistrat is no proper iudge in suche matters, should be made the ground of the protestation, as if the magistrat could in no wisse lawfully, as a judge, interposse himselue in matters of that kynd. If to all this the brethreen should say, that quhat they seike of being citted vpone a narratiue relatting to ther doctrine and ministeriall dewties, &c. and the King and committee as not being proper judges in thesse thinges, as the ground of ther protestatione, they meane it in a way antecedent to the kirkes judgeing. To this it is ansuered, that it is trew indeid that the magistrat ought not to judge ministers in the matters of ther doctrine and ministeriall dewties, by ane antecedent judgement; bot first, ther is not one sylable of this qualification wssed in all the first protestatione made vpone the citatione and compirance befor the committee. Secundo, the committee hes not proceided with them in a way antecedent to the kirke judicatorey, quich is the cheiffe thing to be obserued for cleering bothe the requisition and the committees ordinance for ther abyding in this toune or at Dundie from the imputatione of incrotching vpone the liberties and præuilidges of the Kirke; for quheras the Commission of the Generall Assembley hes not only giuen ther judgment in poynt of conscience concerning the coursse to be takin for acting aganist the publicke enimey oppressing the land by wniust violence, bot also finding that thesse brethreen wer preaching aganist that publicke resolutione, to the hindring and obstructing therof, and making a dangerous diuision in the kirke and kingdome; and being desyred by the last sessione of the parliament to take some coursse for preuenting the danger, by vssing diligence to satisfie the brethreen, and inducing them to concurre, at least not to hinder the publicke resolution. The commission had accordingly, at St Andrewes, takin paines for satisfing them; and not hauing obteined that, had judicially desyred the brethreen not to speike or doe aney thing to the hindering or obstructing acting according to the publick resolution; and quheras the brethreen had protested aganist that desyre of the commission, and appealled to the Generall Assembley; and the commission, according to the command of the parliament, had made knouen to the Committee of Estaits the quhole proceiding at St Andrewes: how can it be said that the committee hes takin aney antecedent judgement vpone them in this matter? or how can it be sayed that ther hes not preceidit ane antecedent judgement of the kirke, so far as is sufficient for the magistrat, in ane orderly way, to interposse his authority, that the brethreen may not, by ther preaching and doing contrair to the publicke resolution, make aney diuisione in the kirke and kingdome, or endanger the same, to the violence of the enimey? Tertio, lett it be considered, that the Kinges Maiestie being bound to follow, not only the judgement of the Generall Assembley in maters that concern religione, bot also of the commissione in the interwalls of the Assembleis; and now, quhill in prosecution of the aduice of the commissione, he and the estaits are follouing ane necessarie dewtie for preseruation of the kirke, kingdome, liberties, liues, and all that is deire wnto ws; and they find the commissions desyre to thosse brethreen aganist ther preaching, to the obstruction of the publicke bussines and resolutions, protested and appealled from, and a publicke profession made by the brethreen of ther purpois to continew still preaching, contrair to ther resolutions, to the slakining of the hands of the people of God in the land, and strenthining of the handes of the enimey; shall it be judged wnlawfull for the King and the estaits, or counted ane encrotching vpone the liberties and preuilidges of the kirke, to doe so much as requyre thosse brethreen to compeire befor them, or to ordaine them to abyde some tyme at distance from ther chairge, for restraining this euill, and preuenting so grate a danger as might ensew vpone it? Nay, certainlie wee cannot bot conceaue it rather ane adding of the magistrats auxiliatorie and cumulatiue power, for strenthning the kirke judicatorey. As to that, the brethreen sayes they haue not bein befor conveined befor aney ecclesiastick judicatorey, nor conwicted for breache of aney ecclesiastick acts; for the first, wee say, tho they wer not conveined by a summonds, a more tender respecte being hade towardes them, yet wer they delt with by a kirke judicatorey vpone the matter in hand.

And for the second, lett it be considered, if ther publicke acknouledgement of preaching against the publicke resolution of the commission, and protestation aganist the commissions desyre to absteine therfra, and professed resolutione to continew therin, to the dewyding of the people of God in this land, and obstructing the seruice for defence of the kingdome and causse, be not equivalent.

Tertio, The commission does find that the brethreen, in ther first protestation, renewed and owned againe, in the quhilke they make a profession of ther willingnes to render a resson for ther wretting to the commission, &c. a foull and most wniust aspertione to charge the commissione in going in a contrarietie to the word of God, to the soleme leauge and couenant, our wowes, engagements, declarations, fastinges, in a coursse destructiue to the couenant and causse of God, and prouoking of the eyes of the Lordes glorie.

2. The chairge is most wniust, for how shall it be made out that the resolutione of the commission involued a coniunctione with a malignant partey, wiche alledgeance is the fundatione of all the rest? Does not the resolutione of the commissione expressly except suche as continew obstinat enimies to the couenant and causse? that is, suche as continew in malignancey, or are aney quho haue beine one malignant coursses, admited to our knowledge, or with our approbatione, bot suche as giue satisfaction for ther offence; and how can or aught men, renuncing ther malignancey, satisfing for ther offence, giuing therby, according to the ordinances and reuells of the Generall Assembley, be still reput malignants? and how can a coniunction with them, after suche satisfactione, be counted a coniunction with malignants, or the malignant partie? Quhay should the Gen: Ass: prescriued reuells for receauing such as haue beine vpone malignant courses, if the purposse of the kirke was not to admitt them to repentance, and if to repentance, certainly to all the ordinances; and if to ordinances, quhat shadow of reason can ther be not to admitt them to fight for ther liues, religion, King and countrie? especially one of the particulars prescriued in receauing of them, be the renewing of the leauge and couenant, wich layeth vpon them to defend religion, &c. all persons that hes beine in a way of malignancey, will ather satisfie not. If they satisfie according to the acte of the Assembley, they must reneu the leauge and couenant, and be admitted to the ordinances; and so, by far grater resson, to fight in defence of the kingdome, &c. If they satisfie not, (as they will neuer be accounted to satisfie by the commissione, wnlesse they doe it according to the reuells of the assembley,) they are to be excommunicat, and so are excludid by the resolutione of the commission.

Tertio. This aspertione heire is cast vpone the commission vithout aney necessity; ther protestatione wold haue beine full and compleit aneuche, tho nothing of this had beine insert; for quheras the letter of the King and committee sent to the brethren, requyring them to compeire at Perth, makes relatione to ther wretting a letter to the commission contrair to the publicke resolution, and ther protesting against, and appealling from the commission at St Andrewes, (in order to wich relatione, the brethreen takes occasion to insert all this protestation,) that was not intendit as a matter they wer to be challenged vpone by the Committee of Estaits, bot only sett doune as a ground quhervpone the committee perceaued they wer resolued to continew in ther preaching aganist the publicke resolution; and that therfor the committee behoued to see to the securing of Stirling, from the danger wich might ensew vpone ther protestation; bot to cast ane aspertion vpone the commissione, in all papers that should flow from them, vpone the proceidinges of the kirke and estaits with them.

Quarto. That wee not being judges in ciuile matters, cannot determine wither the Committee of Estaits, in ther order of proceiding with the brethren, and ordaining them to abyde at Perth or Dundie, wntill a fuller meitting of the committee, hes wronged them in aney preuiledge dew to the subiects, by the law of nature ore the lawes of the land; and wee doubte not bot the Committee of Estaits will endeuore to cleire ther auen proceidinges.

Quinto. That nather is it competent to ws to giue ane adwysse quhat should be furder done by the King and committees in relation to ther forsaid brethreen, for securing of Stirling from the danger that may ensew vpone ther opposing the publicke resolutions; onlie wee expecte, and are confident, that his Maiestie and estaits, as they haue begune, so they will continew to deall with thesse brethreen with all tendernes, in sua far as may consist with the security of that place wherin they shall be, and preseruation of the causse and kingdome.

Sic subscribitur,A. Ker.

1 Maij.—The parliament that wes adiorned wntill the 17 of Apryle this zeire, wes adiorned againe wntill Wedinsday, the 21 of Maij.