APPENDIX. (continued 3)

And when the parliament, without satisfactione to these desires, did resolve and enact an ingagment in war against the kingdome of England, the Gener: Assembly did condescend upon and issue a Declaratione concerning the sinfulnes of that war as upon many other grounds, so also upon associating with, and employing and entrusting of Malignants in the Army and in Comitees. The Assemblys words be these:—“Suppose the ends of this Engadgment were lawfull, qᶜʰ they are not,” &c.439

[After references to the Solemn Confession, &c., and Engagement to Duties after the defeat of the Engagement, the author proceeds, page 24:—]

At the same time, the Comiss: of the Gen: Assembly did make ane Act for debaring of persons accessory to the late Unlawfull Ingadgment in War against England from renewing the Covenant, receiving the Communione, and from exercise of ecclesiasticke office; and the Parliament meeting a litle thereafter, did make two Acts, one for purging the Armys and Judicatories from corrupt and malignant men who were in trust; another for keeping of them pure for the time to come; and the Gen: Assembly, qᶜʰ sate in Edʳ in the year 1649, did innact that none of these persons who were excluded from the Covenant and Communione should be admitted and received thereto but such as, after exact tryall, did in their ordinary conversatione give reall testimony of their dislike of the courses and wayes of Malignants, and of their sorrow for their accessione to the same, and to live soberly, righteously, and godly. These Acts of Kirk and State, I shall hear set doun, at least so much of them as contributes for the further clearing and proving of our present purpose; to witt, that the propositions formerly mentioned were received, and ouned, and engaged unto by the kirk and kingdome of Scotland, ... “as treuths necessary for preserving and promoving of Religion and Righteousnes.”

[In the 5th chapter, Guthrie goes on to argue, that these several Acts of the Commission and Estates, after the Engagement was defeated, were legal and binding on Kirk and Kingdom, because the Confession of Sins, &c., was made in October, 1648, throughout all congregations and whole body of the people, except those who were excluded; but he does not shew that either the Commission of Assembly or the Estates, subsequent to that time, were legal Assemblies, or had any lawful authority to pass such ordinances.—Page 39.]

The Comissione of the Gen: Assem: meeting at Edʳ about the time of the marching of the English Army to invade this land—to wit, June 25, 1650—did emitt a Warning concerning dangers and deuties, in which are these passages:—“Its far from our meaning that any who are tainted with malignancy and disaffectione to the work of God should be allowed or permitted to associate or joyn themselves together by pairtyes in Armys, much less doe we mean yᵗ we should associate or joyne with them, or that they should be imployed, or made use of, or countenanced, or permitted to be in our armyes. The Lord hath so far cleared his mind, both by his words and works, against these that they are very blind who are not convinced therein; and we have made so solemne publick confession of this sin that relates unto Malignants, and so solemnly ingadged our selves against the same, that they among us who should again hazard upon it should seem to be desperatly perverse. It were not only to give great ground of encouradgment to the Sectaries, before whom Malignants have so often fled and falen, but to discouradge the hearts and weaken the hands of men of integrity and godlines, who could hardly expect a blessing in the fellowship of such; yea, it were from the words of their own former confessione and ingadgment unto deuties, to proclaim a judgment against the land till it were consumed without remedy. We are therefore bold, in the Lords name, to warn the honourable Estates of Parliment, and all whom it concerns in the land, that they may be far from such a thing, and that they may take care, in their respective places and stations, to purge judicatories and comitees of all scandalous and disaffected men, and speedily goe about the removing and purging out from the army all men of a scandalous conversatione, and of a questionable integrity and affectione in the cause of God, and that they imploy none but such as are of a blamles conversatione, and of approven integrity in the Lords work. It shall be a shame for any in this land to be so faithless and unbeleiving, as, because of the scarcenes of men, to make use of others who are not thus qualified. The Lord hath not only spoken it in his word, and verified it in his works in the dayes of old, but hath let us see it with our own eyes, that it is all one wᵗ him to save with few as with many, and that a few whom God will countenance are more worth than many against whom he hath a controversy.”

Again, in the same Warning:—“Albeit we be dilligently to take heed of the danger that threatnes from Sectaries, and faithfully to bestir ourselves in our places and stationes in the use of all lawfull and necessary means for preventing of the same, yet are we not to forget, but also with the same dilligence and care, to take heed of these dangers and snares that threatnes the work and people of God from Malignants. Malignancy, though a very evill weed, yet is not pluckt up, but continous to be one of the reigning sins of this land, the snare wherewith loose hearts, who cannot endure Christs yock, are most readily taken. Hence it is that there be many of that stamp in all yᵉ three kingdoms, who, drawing encouradgment to themselves from the influence they have upon the Kings Counsell, and hardning themselves in their way by the proceedings of Sectaries, doe still follow their former designs, and wait for their day, and would rejoice in the ruine or halting of these who adhere to the Covenant; and experience proves, that many of these who have seemed to repent of and abandon that way, yet doe not realy shake of that sinn that hings so fast on, but, upon new tentations, fall again upon the same wickednes, and prove worse then before, which may be a cautione to us not suddenly to trust them. We make no doubt but Malignants will, by all means, endeavour that there may be roome left for them to undermind the work and people of God, and ingadge the kingdom in a new war, upon terms of their devising, destructive to Religione and yᵉ Covenant.”

The Gen: Assembly it self at Edinburgh, in July thereafter, did, upon the 19 of that moneth, publish a Declaratione, in which they give warning concerning Malignants thus:—“We exhort all these who are in publick trust, in yᵉ Comitee of Estates, or otherwise, not only to take good head of their private walking, that it be suitable to the Gospel of Jesus Christ, and of their families and followers, that they bee void of offence, but also be straight in the cause and Covenant, and not to seek themselves, nor befriend any who have been enemies to the Lords work, self seeking, and conniving at, and complying with, and pleading for Malignants, having been publick sins that have been often complained of; and we wish to God yʳ were no cause to complain of these things still, notwithstanding of the solemne Confession of them, and ingadging against them. God forbid that any mocke the Lord. He is a severe avenger of all such things; and there is the more reason at this time not to own Malignants, because it is ordinary with men so to be taken with the sense of the dangers qᶜʰ is before them, as not to look back to that which is behind them. There may be inclinations in some to employ these men, and make use of them, that we may be strengthned in this and in our neighbour land; but God hath hitherto cursed all such counsels, and blasted such resolutions; and if we shall again fall into this sin, as our guilt shal be so much the greater by reasone of many promises and ingadgments to the contrair, so may we expect ane heavier judgment from the Lord upon it. Let us keep the Lords way, and, though we be few and weake, the Lord shall be with us, and make us to prosper and prevail. They are not fit for the work of God, and for the glorious dispensations of his more than ordinary works of power and providence in these times, who cannot beleive nor act any thing beyond what sense and reasone can make clear unto them from the begining unto yᵉ end of their undertakings. Former experiences and present straits call upon us that we should act and follow our deutie in such a way as may magnify the Lord, and make it known to others that we may live by Faith.”

About the same time, the Comitee of Estates in their Declaratione, in answer to the English Declaratione concerning their Invasione, speak thus:—“If wee shall keep Malignancy out of our quarel and Malignant instruments out of our counsels and forces, and our selves free from every thing which may provoke the Lord, and doe every deutie qᶜʰ may ingadge him for us, the case of the Ammonites against Jephtah and Israel, the case of Jeroboam against Abijah, the case of Amaziah against Joab, the case of Zenachrib against Hezekia, the case of Moab against Jehosaphat, and the judgment which came upon the invaders, speake terror to our adversaryes yᵗ come against us, and comfort to the necessary defenders.”

Immediatly after the defeat at Dumbar, Causes of Humiliatione and Fast were cendescended upon at Sterline, to be keept through the whole land.440

[Page 42.]

A litle thareafter, to wit, Septemb: 12, 1650, the Comissioners of the Gen: Assem: did write to the severall Presbytries in the land; in qᶜʰ letter they doe relate to these causes, and, in speciall, doe recomend to them, “that they would carefully and instantly warne their people agˢᵗ snares, and not to be dismayed, but sanctifie the Lord God in their hearts, that he may be their fear and their dread, soe that they doe not for their safty choose the course of flesh and blood, tending either to compliance with Sectaries, one the one hand, or Malignants, one the other hand, but yᵗ the work of God may be carried on, and his people may follow and adhere unto it in their stations, according to the Covenants and former grounds and principles. We conceive (say they) that these who fear the Lord and make conscience of duety, and desire to be faithfull, will be so far from slacking their hands in their deuty and in a straight way of pursuance thereof for any thing that hath befalen now, that they will rather looke upon themselves as called and obliged to their deuties in a more speciall way of strictnes and watchfulnes than formerly, and that the present difficulties and dangers of the time be not abused for flattering of men in any way that may tend to turning aside to crooked courses.”

With this letter they sent a short Declaratione and Warning, to be read in all the congregationes of the Kirk of Scotl:441....

Upon the 24 of Octob: [1650] the Comissione upon occasione of the rising of many of the Malignants in the North, in a tumultous and rebellious way, did emit another Warning, in qᶜʰ, (after the laying open of these mens gross miscarriages, and their breaking of all bonds, promises, and oaths,) they doe give warning against complyance with them in these words:—“It shall be wisdome to these that are in authority to walk with Malignants according to the rule of the word of God and the bond of the Covenant, to take good head of trusting and taking in of such that have been opposit to the work of God, so many experiences teaching the unsoundnes of the most of these from year to year.”

In the moneth of Octob: thereafter, or thereabouts, the King (being then at Pearth) did, by the suggestione of some, write two Letters, one to the Commitee of Estates, another to the Comiss: of the Gen: Assem: both qᶜʰ were then sitting at Stirline, in qᶜʰ he did directly propound it to their consideratione, and ask their judgment concerning yᵉ imploying of these men who were yⁿ excluded from power and trust, and in his letter did propound the consideratione of the lands necessity, and of the advantages that would accress by intrusting of them; yet the Comitee of Estates, (according to my informatione,) and sure I am the Commiss: of the Kirk did return a negative answer to him in this particular, declairing that it would be both dangerous and scandalous to make use of these men.

In the end of Novemb: the Comiss: did give in to the Parliment at Pearth, a Remonstrance concerning the search of their guiltines in the matter of the treaty in the Act of Indemnitie given to the rebels in the north, who had risen in arms after the defeat at Dumbar, in neglecting to purge the Kings family and in their personall carriage. In which Remonst: I find these two passages:—

1. “As we humblie desire your Lo: to be exceedingly watchfull over your hearts, and to bewar of harburing any prejudices or relenting in your affections to the Godly in the land, whom God hes honoured to be instrumentall in his work, so to searche if there hes been at this time among you any purpose or resolutione tending to a sinfull complyance with the enemies of the cause of God; and what upon serious search shall be found of this to ly low before the Lord for it; and withall to guard for the future against all inclinatione of making use of any scandalous, malignant, and disaffected persons for publick trust, or for admiting any to employment in your counsels or armys, except in the way agreed upon by the Publick Resolutiones of Kirk and State.”

The Publick Resolutions here meant were not these against which this dispute runs, for these were not then in being, but the Resolutions contained in the Solemne Ingadgment unto Deuties.

2. “The great foreflowing of that so important a busines, the purging of the Kings family notwithstanding the many addresses we have had to your Lo: thereanent, as we desire it to be looked upon as no small guiltines, so we hope and desire that once for all yow will take some effectuall course for purging the Kings family of all scandalous and disaffected persons, and of constituting it of men of knoun integritie and affectione to the cause of God, as also for debaring all Malignants from accesse to the Kings Maj: and to the Court. We doubt not but your Lo: does consider how bad effects the land hes alredie found of such mens influence upon the King, whereof belike we shall find more, and worse if your Lo: faithfulnes and wisdome doe not prevent it. Let the wicked be removed from the King, and his throne shall be established in righteousnes.”

The same day that this Remonstrance was condescended upon, the Comiss: did also pass ane Act suspending all these Malignants in the north, who had risen in arms, from the Communione, till the nixt Gen: Assem: the just copie whereof follows:—

“Pearth, Novemb: 20, 1650.

“The Comis: of the Gen: Assemb: considering the great sin and offence these men are guilty of, who have had accessione to the late Rebellione in yᵉ North; therefore they doe appoint that all these persons that were actually in armes at the late rebellione, and all such as subscribed the Bond and Declaratione emited by them, to be suspended from the Communione till the nixt Gen: Assemb: to which they are hereby refered for further censure; and for all others that had any accessione, by counsel or otherwise, to that rebellione, or to the Kings withdrawing from his Counsell, refers to Presbytries to try diligently, in their severall bounds, these persons and the degree of their guiltines, and to report the same, with the evidences and proofs thereof, to the nixt meeting of this Commissione.”

“A. Ker.”

About the same time the Comiss: were instrumentall to cause yᵉ King and his family, and the whole land, keep a Solemne Publick Humiliatione for the sins of the King and of his fathers house.

[Page 65.]

“The Comissione of the Gen: Assemb: in their Warning at Edʳ, June 25, 1650, when the English army, to their knowledge, were now upon their marche for invading of Scotl: say—

“That these who are tainted with malignancy and disaffectione to the cause of God, should not be allowed or permitted to associate, or joyne themselves together in Armys, much less should we associate or joyne with them, or make use or imploy, or countenance, or permitt them to be in our armies; that we have solemnly ingadged our selves against this, and should be desperatly perverse to hazard upon it; that it were to give great encouradgment to Sectaries, to discouradge the hearts and weaken the hands of men of integrity and godlines, who could hardly expect a blessing in the fellowship of such; that it were from the words of our own former Confessione and ingadgment unto deuties, to proclaim judgment against the land till it were consumed without remedy; that it were a shame for any in this land to be soe faithless and unbeleiving as, becaus of the scarcenes of men, to make use of such.”

The Gen: Assemb: in their Declairatione, July 19, thereafter when the Englishes now were come over the Border, warne against the imploying and intrusting of these men, and tell us “that God hath hitherto cursed all such counsels, and blasted such Resolutions; and that if we shall fall again into this sin, as our guilt shall be much the greater by reasone of many promises and ingadgments to the contrair, so we may expect a heavier judgment from the Lord upon it.”

The Commissione of the Gen: Assemb: that sate at Stirling, after the defeat at Dumbar, did, in the three severall meetings, declair their Judgment to the same purpose. 1. In the causes of publicke humiliatione, which were first condescended upon by the Presbytries and Members of the Comissione, then with the Airmy, and were afterwards approven by the Comissione.

“The not purging of Judicatories and of the Army from malignant and scandalous persons, and not filling all places of power and trust with men of known integrity, and of a blameless and Christian conversatione, together with greater inclinations and endeavours to keep and bring in Malignants to the Judicatories and the Army, as though the land could not be guided nor defended without these,” is acknowledged as one of our sinns, and as one of the causes of our sad stroake.

In their Warning at Stirline, Septemb: 12, 1650, they advertise us that “we would not think that all danger from the malignant pairty is now gone, seeing there are a great many such in the land who yet maintain yʳ former principles, and therefore (say they) we would, with als much watchfullnes and tendernes now as ever, avoid their snares, and beware of complyance and conjunctione with them, and take heed that, under pretence of doing for the cause, they gett not power and strength into their hands for advancing and promoting their old malignant designes, doubtless (say they) our safty is in holding fast our former principles, without declyning to the right hand or to the left.”

A litle thereafter, the King, by his Letter, propounding the questione unto them concerning the employing and intrusting these men, they did resolve it so as they did hold it furth to be “dangerous and scandalous, and contrair to our former principles to imploy and intrust these men.” That was the language that the Kirk of Scotl: spoke before these Resolutions.

[Page 109.]

The Comissione of the Gen: Assem: in August nixt thareafter, that for preventing any misapprehensione that might arise because of the Kings Declaration about the state of the questione, did emitt a short Declaratione concerning the state of the questione, which I shall here set doun, with the Comittee of Estates approbatione thereof and concurrance therein.

West Kirk, the 13 of August, 1650.442....

This Declaratione was also intertained with a testimony of cordiall acceptance by the army, and was by publick order sent to the Generall of the Inglish army, as containing the true state of the quarrell upon qᶜʰ this Kingdome then fought.

1650. Excerpts from the Historical Discourses, &c., by Sir Edward Walker, Knight, Garter, Principal King of Arms, Secretary of War to his Majesty King Charles I., and Clerk of the Council to King Charles II.443 [London, folio, 1705.]

Much about the time of his Majesty’s landing, certain intelligence came of Cromwell’s advance, which induced a necessity of reinforcing their standing army, consisting of 2,500 horse and 3,000 foot. Much debate it had in Parliament, and was much opposed by Warriston, Scheesely, Swinton, and others of that party; but the certain news of his Majesty’s arrival cooled their courages at that time; and so the Act of Levies past, consisting of above 30,000 horse and foot throughout the kingdom. This being done, a list being sent them (by that zealous brother Geffery, one of the Commissioners) of the persons that came over with his Majesty, as well his servants as others. They presently voted all of them from him but the Duke of Buckingham, Mr Seymour, Dr Frazer, and Mr Rodes; and so the Parliament adjourned to the 15ᵗʰ of August leaving a committee to rule in the interim. Two or three days after, the Marquess of Argyle, the Earls of Boclough and Weymes, Warriston, Cheesely, with the ministers Dick, Guthery, and others of the Committee came, and (having, it seems, power to that purpose,) they mitigated somewhat of the rigour of the former vote; for they only excluded the Lord Wilmot, Mr Secretary Long, Mr Harding, and Mr Oudart from Court, until they were otherwise disposed by Parliament; but banished out of the kingdom within eight days after the publication, either at Dundee or Aberdeene, the Earl of Cleveland, and his son the Lord Wentworth, (who had deserved better of them,) the Lords of Widrington and Grandison, Sir Philip Musgrave, Sir Edward Walker, Mr Progers of the Bedchamber, Collonel Darsy, Collonel Grey, (though absent in Holland,) Collonel Boynton, Major Jackson, and Dr Gough. The first four, to shew their obedience, presently absented themselves; and two of them, the Lord Wilmot and Mr Harding, are again returned to Court, though no publick vote be yet passed in their favour; but the rest being not to expect any from them, and another part of the vote being to have money to transport them, did not remove themselves. Hither many of the Nobility Engagers and others came, but with difficulty were admitted to kiss his Majesty’s hand, and not suffered to stay any time. Among others, the Earl of Cornwarth, who coming into the Privy Chamber, and being told by the Marquess of Argyle, it was a great presumption to come thither being in his condition, he went to his Majesty, told him Friends must part, and wished and hoped he had none about him less faithful to him than himself. Then turning to Argyle, he told him—This is your doing; but I value it not. Then, coming into the presence, he applied himself to the Earl of Cassels, standing on the one side of the Cloth of State, Warriston and Cheesely standing on the other. By this time, notice was given what had passed within, and Mr Wood, the minister, one of the Commissioners in Holland, beckned to him to come away, which he presently did; and coming to him said, Sir, God, I hope, will forgive me—will not you? But Mr Wood turned from him in disdain, giving him never a word; upon this, the Earl of Cornwarth went out. In the interim, Warriston and Cheesely called Sir James Balfour, Lyon King at Arms, and gave him order to take the Earl and hang him presently, except he went from Court. Hence you may observe the charity of the Clergy, and the mercy of the Committee to any of the Royal party; since, the Earl being taken at Edenborough, was made prisoner in the Tolbooth, and (for anything I hear) left to Cromwell’s disposition, together with Sir John Henderson; who coming afterwards to Dumfermling, and addressing himself to the Marquess of Argyle, was to have been employed by him to bring over the remainder of the arms from Sweden; in confidence of whose favour, he went to Edenborough, where he was likewise imprisoned. Besides this vote of Banishment, the Committee presented His Majesty an Act of Confirmation of the Treaty, with a recognition of his right and capacity of his executing of His Royal Authority; intimating their intentions of his Coronation at the next meeting of Parliament. But, in the interim, reserving the administration of affairs to the Committee of Estates, who still kept all in their power, except his Majesty’s concurrence with them can add to their advantage, and then they seek it; to this end, they procured His Letters to the several Northern Counties to hasten the Levies.

The Committee having, to their satisfaction, at this time dispatched their business, returned to Edenborough; so did the old General Levin and David Lesley to the Army; from hence, likewise, all the Commissioners that were in Holland went their several ways, none remaining but the Earl of Lothian, and of the Committee, the Marquess of Argyle and his son the Lord Lorne, taking upon them the sole administration of Affairs.

His Majesty having stayed here about fifteen days, went to St John’s Town, [Perth] where he was affectionately received, and, staying there one night, he passed back to Dumfermling, where he rested two, and so went to Stirling. By this time Cromwell was entred Scotland, and, without any opposition, advanced to Musleborough, but six miles from Edenborough. The Scotish army was drawn between Leith and Edenborough, having cast a trench before them. The number, at that time, of either army were equal, each being about 12,000 men, but Cromwell’s, at that time, in much better order and discipline, for the Scotish army, being solely governed by the Committee of Estates and Kirk, took especial care in the levies not to admit any Malignants or Engagers; placing, for the most part, in command, ministers sons, clerks, and such other sanctified creatures, who hardly ever saw or heard of any Sword but that of the Spirit, and with this, their chosen crew, made themselves sure of Victory.

His Majesty having stayed three nights at Sterling, and Cromwell drawing nearer to Edenborough, was, by the good will of the general officers of the army, and the promptness of the Earl of Eglanton (a little before made Collonel of His Majesty’s Horse Guard,) sent for by him to come to the Army. This was done against the sense of the Committee, and it were to have been wished he had not gone, or not given way so much to them, as when he was there to quit his interest and return. So, on Monday the 27ᵗʰ of July, His Majesty, attended by the Duke of Buckingham, the Marquess of Argile, and some few of the Scotish nobility, with his servants, rode to Leith. Before he went, all the banished persons were commanded not to go with him to the army. That evening, His Majesty was received into the army with all the expressions of joy; and, at that instant, Cromwell drew a strong party of horse down even to the trench, and caused a party of the Scots, commanded by Sir James Hacket, to retreat in very great disorder. The next day a strong party of horse, commanded by Collonel Mountgomery, son to the Earl of Eglanton, fetching a compass, fell into Cromwell’s quarters about Musselborough, routed six or eight partys of horse, forced (as ’tis said) Cromwell, himself, in his drawers, to take his horse and pass over the river. Lambert was hurt in the action, and some slain, and ’tis as probable that, if Mountgomery had been seconded, he might as well have ruined Cromwell’s army as he did after the Scotish army; but in the retreat, being in disorder, he lost some men and all his prisoners....

By this time the army was much encreased, many Malignants and Engagers having gotten into command, His Majesty high in the favour and affection of the army, which was then more evident by the souldiers having, in the late action, made an R with chalk, under the Crown, upon their arms, and generally expressing the goodness of their cause, now they had the King with them. This startled the Committees both of Kirk and State, who cried out that the quarrel was changed and the cause of God neglected; and so divers arguments were used to remove His Majesty from the army, as the danger of his person, the multitude of people out of order by reason of his presence, want of provisions; and, ’tis reported, the Committee declared that, if he would not retire, they would act no more; and so, much against his will, he was persuaded, on Friday, the second of August, to pass over the Forth to Dumfermling.

Presently the Committee commanded away all Malignants and Engagers, and so lessened the Army of three or 4000 of the best men, and displaced all officers suspected, concluding then they had an army of saints, and that they could not be beaten, for so their lying prophets daily told the people out of the pulpit. Besides, the Gentry out of the Mers and Tividale, who offered to offend Cromwell’s rear, were, on pain of forfeiture, forbidden to embody themselves, or to attempt anything on him, but to come away and leave all to his power. And I have been assured by persons of great honour and integrity, that offers were made by considerable persons of the Malignant and Engaging Parties, that they would raise another army, that in case this were beaten, to take up the quarrel, and, in the interim, to give their wives and children in hostage; that, if this was victorious, presently to lay down arms, or, at least, that they might come into the army and have the van against Cromwell; but neither would be accepted. The prevailing party, to colour their malice and fear of them, (should they get any power,) by their instruments, the Ministers, declaring against them, and terming the sin of malignancy a sin against the Holy Ghost; that it was better to fight their enemies with a handful of elect and godly people than with mighty arms, loaden with that sin, which, like Acan’s wedge, would surely be the cause of their destruction.

About a week after, Cromwell rose hastily in the night, and marched back; he was as far as Haddington before the Scotish army took notice of his motion; thence he went to Dunbarr. This occasioned several reports and conjectures, but none proved true. The Scotish army followed him, not expecting orders from the Committees.

In the interim, a Guard of two companies of foot, under the command of the Lord Lorne, Argyle’s son, was, for honour’s sake, appointed to attend the Court. These are those who, when all the Scots in the north of Ireland declared to join with the Marquess of Ormond against the murtherers of the late King, refused and came home to Scotland, where they are well treated, and put into the Lord of Lorne’s regiment.

Presently after the large Declaration ensuing was either brought his Majesty by Warriston and Berkley from the State, and Douglas and Guthery from the Kirk, or else, (if he had it before,) they then came for his answer. His Majesty, at that time, positively refused to sign it, and they most peremptorily pressed to have it passed in terminis, without any variation, how barbarous and unchristian soever the expressions were therein in relation to the late glorious King. They staid but one night, and so went away to Edenborough and Sterling, where, the next day being Sunday, they thundred out against the King, that they were deceived in him—that he was the very Root of Malignancy, and an utter enemy to the kingdome of Christ; and the Covenant which he had taken was only to gain his ends; and that they must take heed of him and the heathen people about him. Whereupon, on Monday following, the Kirk published the ensuing Declaration, which was approved by the Committee of Estates; and, two days after, three or four of the most zealous of the army, in the name of the rest, exhibited the following Remonstrance, which failed not of an acceptation. And I am assured that both the contrivers and approvers of them were not displeased at his Majesty’s refusal—their ends being thereby to publish their papers, and so to bring his Majesty into the odium of the people and the army; whereby they might more safely treat with Cromwell, and give him assurance of not invading England, (which part of their Resolution is manifest in all their printed Declarations,) and so (if they kept the King amongst them until they could find a way to be rid of him) yet still to assure to themselves the power of Government; for, believe it, they did then and still do more fear His Majesty’s just authority than they do the Conquest by Cromwell.

“Westkirk, the 13th day of August, 1650.”444

* * * *

In the interim, Cromwell having got provisions by sea, returns to his old quarters, and, on the 12ᵗʰ of August, marches on the south side of Edenborough, and encamps on a hill of advantage; his ships likewise pass up the Forth above Leith. The Scots still keep their quarters, the Armys being within three miles of each other.

During his stay there, the Committees, by Swinton and Collonel Carr, sent him their Declaration; and (’tis reported) his answer was that he would not juggle with them; he came for their King: if they would deliver him he would treat, otherwise not. But many believe they were too much of an opinion to have any difference during their negotiations. His Majesty from Dumfermling sends a letter to the Assembly to desire to have some of their number sent him, to satisfie him in point of conscience concerning some parts of the Declaration, and then he would give them satisfaction. What induced him to do it, I cannot say, only the Marquess of Argyle and some of the nearest about him were hourly enforcing the necessity of compliance, and the danger he was in in case he persisted; and possibly making the dangers greater than they would have been had he kept his former resolutions. About four days after, when they had published their papers, been with Cromwell, and the Chancellour and others had harrangued to the army the sence of the Kirk and Committee, which wrought not any great effect, the spirit (though not the body) of malignancy and affection to the King being still amongst them; the Assembly sent two of their number to satisfie His Majesty, who, after many disputes, were at length induced to give way that some expressions, in reference to His late Majesty, should be varied; so His Majesty, upon Friday the 16ᵗʰ of August, signed it, and very late that night came to St Johnstons, being lodged in a house of David Lesley’s, formerly Earl Gowry’s, and wherein the murther was designed to be acted on King James.

Here following, you may read the Declaration,445 and by it judge if they ever meant it for his Majesty’s good, or whether they have gained or lost by the publishing of it. I am sure many that promised wonders if it were done, and threatned destruction if not, have since found they have, both in Honour and interest, been no gainers by it. And now because it may seem strange to many that His Majesty was induced to sign it, I conceive myself bound in duty, and for His Majesty’s vindication, to offer unto them these following considerations:

First, That necessity had brought him into such hands, as not out of meer loyalty, but for their own interest had seemingly wedded his; and so he was not in a capacity to oppose them.

Secondly, Most of those in power about him, as well English as others, passionately persuaded him to it; laying down the Dangers by his refusal, at the deserting of the army, and probably his own restraint, and an union with Cromwell.

Thirdly, The Ministers made it a matter of conscience and breach of Covenant and Treaty.

Fourthly, It is possible great advantages of power and interest were laid before him to facilitate his compliance; notwithstanding all which, he many days persisted in his refusal until he had got some alterations made in reference to his father. So that, considering the time that it was done in, the importunity that was upon him, and the ill consequences represented in case of his refusal, with the pretended advantages on the contrary. I believe it will be found that few Princes in the like exigent (though of much more years and experience) would have so long resisted so hard and desperate assaults.

Excerpts from The Secret and true History of the Church of Scotland from the Restoration to the year 1678, by the Rev. Mr James Kirkton. [Mr C. K. Sharpe’s edition, 1817. p. 47, et seq.]

The Scots, immediatly upon the news of his [King Charles I.] death, proclaim his eldest son King, upon the 5th of February 1649, providing alwayes that he was not to be admitted to the exercise of his government till he should give satisfaction for religion and peace; nor could they make warr upon England for their King, till he and they were at a point, which was not for two years after; but these two years, in my opinion, were the best two years that Scotland ever saw.

For though alwayes since the Assembly at Glasgow the work of the gospel hade prospered, judicatories being reformed, godly ministers entered, and holy constitutions and rules daily brought into the Church; yet now, after Duke Hamilton’s defeat, and in the interval betwixt the two Kings, religion advanced the greatest step it hade made for many years: now the Ministry was notablie purified, the Magistracy altered, and the people strangly refined. It is true, at this time, hardly the fifth part of the Lords of Scotland were admitted to sit in Parliament, but those who did sitt were esteemed truely godly men; so were all the rest of the commissioners in parliament elected of the most pious of every corporation. Also, godly men were imployed in all offices, both civil and military; and about this time the General Assembly, by sending abroad visitors into the countrey, made almost ane entire change upon the Ministry in several places of the nation, purgeing out the scandelous and insufficient, and planting in their place a sort of godly young men, whose ministry the Lord sealed with ane eminent blessing of success, as they themselves sealed it with a seal of heavy sufferings; but so they made full proof of their ministry. Scotland hath been, even by emulous foreigners, called Philadelphia; and now she seemed to be in her flower. Every minister was to be tried five times a year, both for his personal and ministerial behavior; every congregation was to be visited by the presbyterie that they might see how the vine flowrished, and how the pomegranate budded. And there was no case nor question in the meanest family in Scotland, but it might become the object of the deliberation of the General Assembly, for the congregational Session’s book was tried by the presbyterie, the presbyterie’s book by the synod, and the synod’s book by the General Assembly. Likewayes, as the bands of the Scottish church were strong, so her beauty was bright: no error was so much as named, the people were not only sound in the faith, but innocently ignorant of unsound doctrine; no scandalous person could live, no scandal could be concealed in all Scotland, so strict a correspondence there was betwixt ministers and congregations. The General Assembly seemed to be the priest with Urim and Thumim, and there were not ane 100 persons in all Scotland to oppose their conclusions; all submitted, all learned, all prayed, most part were really godly, or at least counterfitted themselves Jews. Than was Scotland a heap of wheat set about with lilies, uniform, or a palace of silver beautifully proportioned; and this seems to me to have been Scotland’s high noon. The only complaint of prophane people was, that the government was so strict they hade not liberty enough to sin. I confess I thought at that time, the common sort of ministers strained too much at the sin which, in these dayes, was called Malignancie, (and I should not paint the moon faithfully if I marked not her spots,) otherwayes I think if church officers could polish the saints on earth as bright as they are in heaven, it were their excellencie and the churches happiness. But this season lasted not long.

[This poetical historian afterwards makes statements of a similar character, referable to a period a few years later; but it may not be much out of place to subjoin them here.—P. 52.]

Immediatly upon the king’s landing, Cromwel invaded Scotland, and the Scottish army levyed for the king being entirely beaten at Dumbar by the English, division entered both state and church, which is not as yet even to this day removed. Here the staff of bands was broken. The cause of this rent was this: After the defeat of Dumbar, the king required a new army to be levyed, wishing earnestly it might be of another mettall than that which hade been lossed. So he desired that sort of people who were called Malignants, his darlings, might be brought into places of trust both in council and army, though they hade been secluded from both by their own consent. And this request was granted both by committees of estates and commission of the church sitting at Perth. But there was a party in both these councils, which alleadged confidently, that though the malignants were content to profess repentance for their former practices, yet they should be found to be men neither sincere in their professions, nor successfull in their undertakings. This was the beginning of the fatal schism in the Scottish Church.

[P. 54.—After the battle of Worcester, September 3, 1651.]

The King escaped into France, and the English became peaceable masters of Scotland for nine years following. So, after all the counties of Scotland hade formally acknowledged the English for their sovereigns, they appointed magistrates and constitute judicatories to govern the land for their time. They did indeed proclaim a sort of toleration to dissenters amongst protestants, but permitted the gospel to have its course, and presbyteries and synods to continue in the exercise of their powers, and all the time of their government the work of the gospel prospered not a little, but mightily. It is also true, that because they knew the generality of the Scottish ministers were for the King upon any termes, therefore they did not permit the General Assembly to sitt, (and in this I believe they did no bad office) for both the authority of that meetting was denyded by the protesters, and the Assembly seemed to be more sett upon establishing themselves than promoving religion: also the division of the church betwixt protesters and resolvers continued in the church for six or seven years with far more heat than became, and errors in some places infected some few; yet were all these losses inconsiderable in regard of the great successe the word preached hade in sanctifying of the people of the nation. And I verily believe there were more souls converted to Christ in that short period of time than in any season since the Reformation, though of treeple its duration. Nor was there ever greater purity and plenty of the means of grace than was in their time. Ministers were painfull, people were diligent; and if a man hade seen one of their solemn communions, where many congregations mett in great multitudes, some dozen of ministers used to preach, and the people continued as it were in a sort of trance (so serious were they in spiritual exercises,) for three dayes at least, he would have thought it a solemnity unknown to the rest of the world.

[In reference to the year of the King’s return, Kirkton thus describes the state of the country and Church.—P. 64.]

Now before wee speak of the alteration court influences made upon the church of Scotland, let us consider in what case it was at this time. There be in all Scotland some 900 paroches, divided into 68 presbytries, which are again cantond into fourteen synods, out of all which, by a solemn legation of commissioners from every presbterie, they used yearly to constitute a national assembly. At the King’s return every paroche hade a minister, every village hade a school, every family almost had a Bible, yea, in most of the countrey all the children of age could read the Scriptures, and were provided of Bibles, either by the parents or their ministers. Every minister was a very full professor of the reformed religion, according to the large confession of faith framed at Westminster by the divines of both nations. Every minister was obliedged to preach thrice a-week, to lecture and catechise once, besides other private duties wherein they abounded, according to their proportion of faithfulness and abilities. None of them might be scandalous in their conversation or negligent in their office, so long as a presbterie stood; and among them were many holy in conversation and eminent in gifts; the dispensation of the ministry being fallen from the noise of waters and sound of trumpets to the melody of harpers, which is, alace! the last messe in the banquet; nor did a minister satisfy himself except his ministry hade the seal of a divine approbation, as might witness him to be really sent from God. Indeed, in many places the spirit seemed to be powred out with the word, both by the multitude of sincere converts, and also by the common work of reformation upon many who never came the length of a communion; there were no fewer than sixty aged people, men and women, who went to school, that even then they might be able to read the Scriptures with their own eyes. I have lived many years in a paroch where I never heard ane oath; and you might have ridde many miles before you hade heard any: Also, you could not for a great part of the countrey have lodged in a family where the Lord was not worshipped by reading, singing, and publick prayer....

Now, in the midst of this deep tranquility, as soon as the certainty of the king’s return arrived in Scotland, I believe there was never accident in the world altered the disposition of a people more than that did the Scottish nation. Sober men observed, it not only inebriat but really intoxicate, and made people not only drunk but frantick; men did not think they could handsomely express their joy, except they turned brutes for debauch, rebels and pugeants; yea, many a sober man was tempted to exceed, lest he should be condemned as unnatural, disloyal, and insensible.

[The passages which we have thus quoted are often alluded to as affording evidence that the period in our church history to which they refer was the golden age of the Kirk. Without questioning the honesty of Kirkton, or without interfering with the right which other people have to judge for themselves in weighing the evidence afforded from many sources, we must say that Kirkton’s account of matters appears to be, in its leading points, an enthusiastic fable. There is in every ecclesiastical record of the time, the most redundant and revolting proof that, instead of the unspotted morality on which he discants, enormities of every sort prevailed to a great extent—and such records are unimpeachable evidence. With regard to the alleged extent of intelligence, education, &c., the following brief passage from the record of the Presbytery of Perth, (March 28, 1649,) is quite conclusive:—“List of the Families wherein some of them can read within the parishes following—viz., Scone, 25; Drone, 36; Dumbarny, 55; Sᵗ Madoes, 9; Rund, 25; Kinnoul, 18; Sᵗ Martins, 13; Ragarton, 9; Arngask, 16; Abernethy 100.” We now proceed to give a detailed account of the Assembly at St Andrew’s in 1651, when Scotland was subjected to the double distraction of a violent schism in the Church, and a war in the field, betwixt the Scotch and the invading army of Cromwell.]

1651. Proceedings of the General Assembly which met at St Andrews and Dundee in July 1651.446

[Session 1, July 16.]

Preached in the fornoon Mr And. Cant; his text Heb. 12, 12, &c., and spoke generally against the publick proceedings: and in the afternoon, Mr Rob. Douglasse, his text Ps. 102, 6; and in the close of his sermon contradicted the former sermon.

After qᶜʰ, the members of the Assembly repaired to the Assembly House, and after the King’s Commissioner (my Lord Balcarras) and all wer sitt down in the house, prayer was made by Mr And. Cant, former Moderator; after qᶜʰ the Commissions wer given in. Ther wer double Elections given in of Commissioners from Glasgow, Stirling, and Dunkell, qᶜʰ wer waved till the Assembly should be constitute.

Mr Ja. Guthry made exception against the ruling Elders that wer chosen Comissioners from Churnside and Dunse, alledging they wer upon the Engagment, and according to ane act of the General Assembly ’49, they could not be Members; also affirming the Presbitry of Churnside to be but 3 or 4 in number, and therfor could not chose Commissioners; but that was laid by untill the Constitution of the Assembly.

After all the Commissions wer given in, quhen they wer about the constitution of the Assembly and election of a Moderator,

Mr John Menzies immediatly arose and said he had somquhat to propound, quhich was for noe intention but disburden his conscience, and it was that the Members of the Comission of the Kirke could not be admitted to sit in the Assembly, in regard their proceedings had been scandalouse, and that it was a rule that noe scandalouse persons should sit or have place in ecclesiasticall judicatorys.

Mr Douglasse did rise, and replyed, that they hoped their cariage should appear to be right, and noe wise scandalouse.

Immediately there arose a great number on both sides, with a great heat and fury—Mr Menzies insisting on his former motion.

Mr Ja. Guthry, backing him, said, that these persons behoved to be scandalouse who had led the Kirk and Kingdome to a course of defection, and told he had noe better termes to expresse their proceedings by.

Mr Pat. Gillespy, Mr John Hamiltoun, and some others, did back this motion.

To this motion replyed Mr Blair, saying he saw the seasonable admonitions given in the preceeding sermons, to meekness, peace, and unity, made noe use of by those who propounded the former motion; but that Mr Menzies’ and Mr Guthry’s speaches wer feirce and bitter.

They replyed that their motion was for the exoneration of their conscience: likewise Mr Ja. Wood, Mr D. Dickson, Mr Bailay, Mr Ramsey, the King’s Commissioner, with some others, replyed to Mr Menzies’ and Guthry’s motion, saying that nothing could be said in that or any other bussiness untill ther should be a constitute Assembly to be judge.

The contrary party said that the report of a scandal was enough to debarr any to sitt in a Kirk Judicatory quhille once they wer freed judicially of a scandall.

Mr Douglasse replyed, that they could not be debarred till judicially they wer found scandalouse, quhich could not be till the Assembly wer once constatute, and did examine their proceedings; and said, that upon that ground the other party should not be admitted, in regard they wer more hurtfull to the work, and scandalouse, by their opposing the safty of religion, King, and Kingdome, then the Commission of the Kirk had been.

After this Mr Sam. Rutherford offered a paper to this purpose, against the constitution of the Assembly, but, with much difficulty and long debate, it was laid aside; for the drift of the motion and paper, by confession, was to hinder a Generall Assembly, to hold quhich was thought very dangerouse.

Mr And. Cant and some proponed a conference to take away the former heat and division; but it was replyed, that that could not be untill the Assembly should be constitute; for they being a confused multitude, and noe judicatory, they could not appoint a Committy for that purpose.

They went to chuse a Moderator; and the old Moderator named Mr Blair, and Mr Wᵐ Rait. Besides, the Assembly added Mr Douglasse, Mr Ja. Hamiltoun, Mr And. Cant, Mr Jo. Hamilton, Mr Dickson, by the naming any three of these as the Members thought fitt.

Mr Jo. Hamilton said, quhen it came to his voice for the naming of some to be in the list to be Moderator, that he would name them with this verbal protestation that his naming of them should not be prejudiciall to the exceptions they had to give in against the constitution of this Assembly; to quhich protestation and way of naming the list adhered Mr Jo. Menzies, the Presbitry of Pasley, with some others.

All this being done, the voice passing betwixt Mr Douglasse and Mr Blair, Mr Douglasse, by plurality of voices, was chosen Moderator, and this closed the first session.

Sess. 2ᵈ—July 17.—10 hours.

The Lord Commissioner presented a letter from the King, excusing his absence, entreating them to study unity, to censure these who wer contrary to the publick resolutions; and to that purpose the Lord Commissioner had a speech; after quhich

Mr Dickson propounded a motion for conference, quhich they promised to take into consideration after the appointment of the several comittys,—viz., one for examination of the Commissions proceedings—one for overtures and bills—one for contraverted Commissions—one for appeals, references, and reports—one for the synod books; all these to meet at 2 hours in the afternoon.

After all quhich, they fell again upon the motion of appointing a conference with unsatisfyed bretheren; qʳupon

Mr John Smith said, that a conference could not weel be while once the examination of the Commissions wer seen.

Mr Douglasse replyed, that for all that there might be ane amicable conference, without any prejudice.

Upon this motion there was a long debate by Mr Jo. Smith on the one hand, and several others on the other.

My Lord Comissioner backed Smith’s motion, saying it was derogatory from the authority of the Assembly to appoint conferences about ane undetermined bussiness, but desired the proceedings of the Commission might be examined and tryed, and then a conference with parties on either hand, whilk should not be satisfied with the Assembly’s mind of the Commission’s proceedings.

It was replied by Mr Wood, Mr Dickson, and Mr Blair, that there might be a conference about the meating of men’s minds and affections, and about other things besyde the procedure of the Commission.

Sess. 3ᵈ.

A Bill from Mr James Hamiltoun, craving money from the severall Presbitrys that have not payed for the Ministers’ Regiment of Horse, he having depursed 10,000 merks and not payed. It was referred to be more particularly examined by the Committy of Bills.

There being a Letter sent from my Lord Waristone, Register, to the Assembly, there fell a hote debate whether it should be read, and it was delayed to a more convenient time.

There was ane appointment of writting a Letter from the Assembly to the King and Army for encouragment, and these Letters to be drawen by Mr Ja. Wood and Mr Jo. Hamiltoun. As for the Answer to the King’s Letter, because it had many particulars in it, it was deferred till further consideration.

Because of the desolation of Orkney, a visitation was appointed to goe ther and visite Orkney and Caithness.

Sess. 4ᵗʰ.

The Assembly fell on the controverted Commissions. The first was concerning Blaketer, the ruling Elder of Churnside, quhich bred much debate; some alledging him to be included under the Act of Assembly because of his accession to the Engagement—others saying the contrary: soe in regard of the unclearness of the bussiness it was referred to a Comitty.

Then came in the contraverted election from Glasgow. The Election of the Commissioners was Mr Pat. Gillespy, Mr Heugh Binning, Mr Carstairs, Geo. Porterfeild: The 2ᵈ Election of Commissioners was Mr Ro. Ramsey and Mr Geo. Young, and these opposed the election of the former before the Assembly, shewing they had given in 2 protestations against the first election: one against the formality of the election, because it was on a suddain without premonition; a 2ᵈ protestation against the persons—one excepted, viz. Mr Carstaires. The accusation against the persons did run upon their opposition to the Publick Resolutions of the Kirk and State, and about the Remonstrance, branched out in very many reasons; and after much debate whether they should fall upon the relevancy or not relevancy of these reasons given in against Mr P. G., 0. M., H. B., it was concluded that discussing these reasons should be delayed untill the Assembly should have examined the proceedings of the Commission of the Kirk; and quhen all the Commissioners of the several elections wer called in, Mr P. G. said that these reasons could not be heard by the Assembly—1. Because the most of them wer emergents since their election; 2ˡʸ Because the reasons wer materially a libell, quhilk first should have been presented and prosecute before the Presbitry, before they had come to the Assembly. But all was deferred till the Books of the Commission should be examined.

Sess. 5ᵗʰ.

This Sess. was spent all upon particular Bills.

Seas. 6ᵗʰ.

This Sess. did hold at 12 hours at night, the Lord’s day, upon the alarme of the routing of our party in Fyfe; and then the Assembly was adjourned to Dundie; and there to sit down on Teusday at two afternoon.

At this Session, Mr Rutherford gave in a protestation against the lawfulness of the Assembly, conteaning the reasons thereof in name of the Kirk of Scotland, subscribed with 22 hands, and desired it might be read; but it was delayed to be read, and all that subscribed the remonstrance, with some others, went away.

Sess. 7ᵗʰ. At Dundie, July 22.

First, the roll of all the members was called; and, beside these who protested, there wer many absent—towards the one half. After citation of the Catalogue, the Moderator declared, that, after their adjourning of the Assembly last Session at St Andrews, a protestation was given in; and [in] regard then it could not be read, he asked if there wer any now to present that paper?

It was answered, that none of the subscribers wer present; but one Mr Oliver Coult said, that he had found that paper quhilk was called the Protestation, and that he would give it in, but that he did not adhere to it, and desired it to be marked. After this, the Protestation was read, and did tend to this—That they declared and protested, in the name of the Kirk of Scotland, and all the members thereof quhich would adhere to that Protestation, against the lawfull constitution of this Assembly—1. Because it was a prelimited Assembly, in regard the free votes for choosing Comissioners was hindred by the Commission of the Kirk’s Letter to the severall Presbitries, desiring them to cite all unsatisfied men to the Assembly, if, after conference, they were not satisfyed; 2ly, Because of the King’s Letter, overawing the Assembly; 3ly, Because of the Commissioner’s speech, tending to the prelimiting of the members of the Assembly; 4ly, Because that the members of the preceeding Commission of the Assembly wer members of this, quhilk should not be, in regard the Commission had led to a course of defection; and therefor they protested against all that should be done by that Generall Assembly or their Commission. This Protestation was subscribed with 22 hands, and licence to add moe subscribers, and moe reasons, as they saw fitt.

After the reading of the Protestation, all their names wer called at the kirk dore, and none compeared.

Then the Moderator publickly enquired, if there wer any moe that would adhere unto them, and own that Protestation? quhilk was presently interrupted by another motion; but shortly after,

Mr W. Jameson desired the Moderator, that he might propone quhat formerly he had said—viz., to enquire if there wer any that would own the former Protestation. But the Moderator, upon his second thoughts, would not hear of it, I know not on what ground.

Quhen this was over, the Commissioner had a speech to this purpose:—That that Protestation was very derogatory to the freedome, liberty, and honnour of the Generall Assembly; and, if it wer requisite, that the King’s authority should be interposed against these men for the vindication of the Assembly’s honnour, to quhich he and all was tyed by Covenant, he promised that should not be wanting.

The Moderator replyed, desiring him to cease; for they should deal with them ecclesiastically, according to the freedome of the Assembly.

This was by way of nipp to the Commissioner; yet he desired to speak his mind, quhich he proceeded in to the former purpose. Nixt the Moderator enquired Mr Dickson’s mind how the Assembly should proceed in this weighty bussiness. He answered, that the bussiness was of the highest concern that ever came before ane Assembly; and that hitherto the Lord had preserved the liberty and freedome of this Kirk intire; and that this Protestation stroke at the root of the freedome of the Assembly. He desired that all would be diligent to deal with God in this bussiness; and least unripe thoughts should be vented anent that Protestation, that it might be referred to a committy to think upon.

Nixt Mr James Wood, being interrogate his mind as to the former bussiness, spoke thus: that he was much weighted and afflicted with that bussiness and the timing of it, and desired it might be referred to a Committy.

Nixt Mr W. Jameson said, In respect they wer declinators of the Assembly, he desired the act anent such as declined the Assembly might be read; and it being read, ordeaned such as declined and protested against the Assembly to be summarly excomunicate.

Nixt spoke Mr Ja. Hamiltoun, and propounded they might be cited to compear befor the Assembly or their Commission, and that a distinction might be made amongst the Subscribers, in regard some wer headstrong and cheife hands in the remonstrance and opposing the Publick Resolutions, and drawing aside of others, and writing agˢᵗ the Publick Resolutions, and others lesse active. 3, In regard that these men would be labouring to draw severall aside to their way, both ministers and others; therfor he said it would be fitt that Letters wer written to the severall Presbitrys shewing the evil of their way, and vindicating the present Assembly. Some others said, that in reference to the first thing that Mr Hamiltoun had said, they thought it enough that the most eminent in the fault might be cited. Others replyed, that it wer fittest all should be cited, and then to let the Assembly make the difference of evry man’s guilt. Some others said, that that quhich was lurking, viz. separation, had now appeared; and the Moderator blessed God that he had deciphered these men.

The Commissioner said they might be censured uncited.

My Lord Humby replyed, that men could not be condemned unheard; but I conceive this was not out of any affection to them or their cause, but only for legality’s sake.

Mr Jo. Smith spoke much agˢᵗ them, with great profession of high esteem of the Persons.

Soe, after much discourse, it was referred to be considered upon by the Committy for publick affairs; but upon this there rose a debate in regard some of the Protesters were members of that Committy, and therfor could not sit as Judges in their own matters. Some would have had a new Committy for that purpose; others said the former Committy might serve:—1st, Because that such members of that Committy as wer Protesters wer not present; 2ly, Though they wer present, they could not sit, seeing they had declined the Assembly; and soe it was concluded that this bussiness should be referred to that Committy. After this the severall Committies wer appointed immediatly to meet, and this Session concluded.

Sess. 8.—July 23.

A Letter came from 7 Members quhich had left the Assembly and mett at Perth, and sent back a Letter to this purpose; that though they did not protest agˢᵗ the constitution of the Assembly, yet they protested that the Assembly should not approve the proceedings of the former Commission, and desired this to be marked. The subscribers of it wer Mr Ja. Donaldson, Wᵐ Brown, members of the Presbitry of Biggar; Mr Alexʳ Dunlope, Mr Mab, Ministers in the Presbitry of Pasley; Mr Jo. Hamiltoun, Mr Wᵐ Simmervell. Another Letter came from Mr Ja. Naismith, Mr Tho. Charters, Commissioners for Hamiltoun Presbitry, shewing that, in respect of the motion of the enimie, they could not be present, and that they did adhere to the Protestation, and desired that to be taken as their subscription and keept in record. A Letter came from Mr Jo. Carstairs, shewing 1. that he protested agˢᵗ the approbation of the former Commission: 2ly, That he protested for liberty to adhere to the former protestation, if soe be he got further light than he hath; and that there wer many members there quho in former times durst not mutter.

Upon Mr Carstaires’ Letter, there arose a debate; for

My Lord Angus said—If men had liberty quhen they pleased to adhere to the Protestation, that would be ane ill preparative, in regard enow would ly by untill they saw how things would goe, and if things went the enimies’ way, then possibly enow would protest quho otherwise would not.

Mr D. Dickson spoke much to Mr Carstaires’ commendation, and shewed how he disputed against the Protestation.

Mr Jo. Smith said he saw noe other thing by Mr Carstaires’ Letter but that he adhered to the Protestation; and he being contradicted by the Moderator, all the 3 Letters wer committed.

After this the Committy of Appeals made some reports of quhat they had done, and, among other Appeals, they made report of Adam Stewarts appeal against the Synod of Argyle, concerning Mr Pat. Steuart, Minister of Rasa in Bute. The Synod Book and Mr Pat. not being present, they referred the tryall of the bussiness to the Presbitry of Irivine, and with them joined the Commissioners of Air and Dumbartan, and that their diet be the 3d Wednsday of August.

After this the Protestation was publickly read, and the grounds of ane answer, drawen up by the Committy, was publickly read. And quhen it was read,

Mr Douglasse said, that beside all that was said in answer to the Protestation, he thought it noe hard matter to evince the Protestation to be the highest breach of all the articles of the Covenant that ever was since the work of reformation began.

After this they fell on a debate, whether or not they should presently take the Protestation in consideration, or deferr it till the consideration of the procedure of the Commission?

Mr Dickson pleaded that it should be presently taken into consideration, for it was a declinator of the Assembly. Others would have had the Commission approven; soe it passed in the Assembly [that] that paper was a declinator.

After, the Lord Commissioner and Mr W. Jamison said, that seeing there was ane Act of the Assembly ’38 relating to former Acts, that declinators should be summarly excommunicat, and he understood not how the Assembly could passe by that Act and the former practise.

The Moderator, Mr Ja. Wood, and Mr D. Dickson, said, that they might modifie and molify their own act—yea, repeal it, if need wer.

The Lord Commissioner said, they might repeal the act; but seeing the Act was standing, he saw not how it could be passed by.

The Moderator answered, that they knew quhat to doe with their own Acts, (this was by way of a nipp;) and they quho could repeall the Acts could modify the execution of the Acts, and yet not repeal the same.

The Commissioner said also, that the Protestation was reflecting on King and Parliament, as weel as upon the Assembly, and desired that to be taken heed to. So that it was the drift of the discourse of many to have some of them at least summarly excommunicat; but observe that we could not see that act for summar excommunication; only there was ane act Assembly ’38, that the Bishop of Edinʳ, in regard he had declined the Assembly, should be excommunicat summarly, according to former Acts of Assemblies, quhich they said wer among the registers of the Kirk.

The Moderator proponed that the matter of censure was not the present question; but he revived the former motion, whether all or only some of them should be cited? And he said that the Committy thought fitt that 3 should be cited. Mr Ja. Guthry, Mr P. Gillespy, Mr Ja. Simson. But others said ther wer others that wer cheife actors in that wickedness quho should also be cited, viz. Mr Ja. Naismith, Mr Jo. Menzies; and some opposed this, soe that it run to a vote, whither all these 5 or not should be cited? It carried that all the 5 should be cited; only there wer some quho thought that they should have been more amicably dealt with in regard these men walked upon point of conscience; therefore these few, viz., Mr Jo. Dickson, Mr Robᵗ Fergison, Mr Ja. Nisbit, Mr Alexʳ Gordon, (the author,) Mr Charles Archbald, Mr Alexʳ Smith, Capt. Robᵗ MᶜClellan, and noe others of all the members of the Assembly voted that they wer not clear for the citation of any of the members at all, quhich was very strangely looked on by the most present.

Speaking of Mr Ja. Naismith, whether he should be cited, Eng. Pittillo answered, Mr Ja. Naismith had been active in drawing aside the Presbitry of Dunkeld.

Mr Tho. Lundy answered, that these Ministers of Dunkeld wer dissatisfyed upon other grounds, even upon the point of conscience, and not upon the relation of affinity that Mr Naismith had to these unsatisfyed bretheren. This being passed, the day of their compearance was appointed the last day of July, before the Assembly. A fast was appointed to be keept by the Members of the Assembly the following Lord’s day.

Sess. 9.—July 24.

There came a Letter from the Commissioners of Stranrauer excusing their absence, and shewing that they assented to the publick resolutions. The Moderator proposed that, seing the examination of the procedure of the Commission was ready, the Assembly would fall upon that, and desired that evry man might have full liberty to speak his mind and not be derided and mocked, quhich was a thing too much in custome; for he remarked a passage in Mr Carstairs’ Letter, supposing that there wer men that sate in this Assembly quhich in former times durst not mutter, quhich, said he, doth evidently declare the insolence and dominering of these men. But he desired that the Assembly might doe otherwise, and even though possibly the reasons of opposers were to small purpose, yet that they might be patiently heard. After that the Moderator proponed, that seeing they were to fall upon the examination of the proceedings of the Commission, that they would chuse a new Moderator; and it was ordered that every one should name one as they pleased; soe it fell on Mr R. Baily—after quhich all the members of the precedent Commission wer removed and their power and authority read.

Mr Jo. MᶜGill was chosen clerk. Soe the present Moderator called for the Moderator of the Committy for making their report concerning the procedure of the Commission, and he gave them ane ample testimony of honesty, care, and fidelity; but in regard there wer some particulars quherein the Committy did more fully debate, they now represent them; and 1. Anent the Westland Remonstrance the Committy thought they did rightly and wisely; 2ly, Anent the first querie, that they answered rightly and wisely; 3ly, Anent the Answer to the King’s Letter they did rightly; 4, Anent the Answer to the bretheren of Stirling they did wisely; 5, Anent the Commissioners Letter to Presbytrys and their act for citing of unsatisfyed bretheren they did rightly and wisely; 6, Anent their Answer concerning the repealing the Act of Classes, that they did wisely and rightly, only the Act the 13 of August about the stating of the question, quhereupon the shouldiers should fight, that the Committy was not clear enough.

Then the present Modʳ asked a number of the members concerning their whole opinion of the whole procedure of the Commission; soe all that wer asked being many, and the most considerable members sitting answered, they were satisfyed with the whole procedure of the Commission; only some of them said they wer not clear concerning the act of Agust 13; and the most of all said the Commission of the Kirk wer censurable in regard of their too much lenity in reference to the persons who had opposed the publick resolution. Only among all the Members of the Assembly, Mr Jo. Dickson, Mr Rob. Fergison, Mr Ja. Nisbet, Mr Alexʳ Gordon, Mr Thomas Lundy, being asked of their opinion anent the Publick Resolutions, declared themselves unsatisfyed in taking men into places of power and trust, contrary to the Covenant and solemn engagment. And Mr Tho. Lundy being the first of the former 5 that was interrogate of his opinion, propounded his objections in the name of the rest very acuratly; especially he urged ane argument from the Engagment, viz., how we could acknowledge it a sin to put malignants in places of trust in armys, and promise, in the obligatory part, not to doe the like again?—how these, by the Publick Resolutions, are reconciled? 2ly, How the Commissioners Act for excomunication of these who rose last in the north untill the Assemblie could be compensate with to be violate and the act not stand? 3ly, He objected that that word in the querie “notoriously scandalouse” was contrary to that of the engagement, viz., of knowen integrity; and this he confirmed by the first of the three objections: but the truth is, noe satisfactory answer was given. And the rest of this bussiness was referred to the afternoon. But here mark, that the Moderator of the Committy gave the opinion of the Committy for approbation of all before one man’s opinion in the Assembly was sought, quhich, in such debatable matters, might seem to be a prelimitation of the Assembly.

Sess. 10.—July 24.

It being propounded that all papers might be read, the Westland Remonstrance was read with the Commissions sence thereupon. In the midst of the reading of the Remonstrance came in Mr Ja. Wood, and desyred, that seeing he heard ther was a brother, viz., Mr Thomas Lundy, quhich proponed some objections in the forenoon quhich he heard, according to the propounders opinion wer not sufficiently answered, that again they might be proponed.

The Moderator desired him to remove untill the present bussiness was done, and then he and others in the Commission should be called upon; soe, after the reading of the Remonstrance with the Commissions sence thereupon, Mr Ja. Wood, Mr Douglasse, Mr Dickson, was called in upon, and Mr Tho. Lundy was desired to propone his former objections, to the quhich he replyed modestly, that he was not fitt to debeat with such able men, grave men, befor such a judicatory; yet, least he should seem to refuse satisfaction, he would propone, and the former 3 answered; but the strenth of their answer did run to the point of necessity, but that was not satisfactory to the former. After long dispute, Mr Tho. objecting, and these answering, the debate ceased.

After this, Mr Robᵗ Fergison proponed ane objection to this purpose; that the Commission of the Kirk had not stood for the libertys of the same, in regard they did not bear testimony agˢᵗ the Estates confining the Ministers of Stirling for supposed error in doctrine, ther being noe precedent judgment of the Kirk condemning their doctrine.

Mr Douglasse answered, that they wer not confyned by the State, but only amicably desired to stay at Perth till the King’s return, he being gone to Aberdeen.

After this, the present Moderator proponed if there wer any more that had any scruple to propone. Mr Murdoch, Mr MᶜKenny, and Mr Dav. Forret, said Mr Alexʳ Gordon was unsatisfyed in some parts, quhich he declared befor noon, and desired him to propone them.

Mr Alexʳ answered he would doe quhat he had engaged, to propone them in a more privat way to the Members of some of the Commission quhom he thought most able for answering.

After this, the Moderator proponed that they might fall upon the Act of the 13 of Agust, seeing there was noe more to doe anent the report of the Committy anent the Commissions proceedure.

The King’s Commissioner said, that in regard that act did nearly concern the King, he proponed that the Assembly might vote the approbation of all the rest of the procedure of the Commission, and leave that untill he should speak with some of the Members of the Commission in privat. This did breed much debate, for some would have had the King’s Commissioners desire, it being soe reasonable, granted; others objected that there was noe such preparative for the division of the approbation of the Commission Books, soe, after much debate, they did strick this midst in it, that presently the Lord Commissioner should goe apart and speak with some of the Members of the Assembly, and they in private agreed upon a sense that Act should have in all tymes coming, quhich the Assembly agreed unto; after quhich the Moderator proponed the voicing of the whole procedure of the Commission. The question was stated, Approve or not? Soe the whole Assembly voiced approbation of all and evry part of quhat the Commission had done, with the largest commendation that ever any Commission gote—except these 7 following, who votted, not approve, viz. Mrs Tho. Lundy, Jo. Dickson, Ro. Fergison, Ja. Nisbit, Alexʳ Smith, Alexʳ Bartrim, Alexʳ Gordon.

After this, the Moderator [Douglasse] took his chaire, and they read the causes of their fast. The main wer the insolent attempt done upon the Commission; 2ly, The defeat of our party. And then this Session ended.

The nixt morning they fell on the contraverted Commissions, and soe they concluded that the election of Commissioners for Glasgow and Stirling that remained should be susteaned, and the other election, who deserted, should be rejected.

A little after, the enimy marching towards St Johnstoun, by quhich way to have access to Dundee quhere the Assembly was conveened, the Assembly arose and dispersed themselves the best way they could for escaping the enimie and their own safty; yet some of them, notwithstanding, did fall into the enemies hands as Mr Rob. Douglass, Moderator, and some others.

This account was wrote by Mr Alex. Gordon, the only surviving member of this Assembly, and taken of his originall MSS. wrote during the Assembly, transcribed and collated Jan. 12, 1703, by

R. Wodrow.

1651. Acts of the Assembly 1651, and other Documents, extracted from the Controversial Pamphlets of the Time, but never recognised or printed among the Acts of the Church since the Revolution.447

No. I. Unto the Moderator and Brethren Assembled at St Andrews, The humble Representation and Desire of the Ministers of the Gospel, under subscribed.

Amongst the many sad tokens of the Lords indignation and wrath against this Church, the present unhappy differrences of His Servants of the Ministry is looked upon by Us, and We beleeve by all the Godly of the Land, as one of the greatest: And as We hold it a Duty lying upon Us to be deeply humbled before the Lord in the sence thereof, and in our Stations and Callings to endeavor, by all lawful and fair means, the remedy and removal of the same; so we acknowledge a free Gen. Assembly, lawfully called, and rightly constitute, and meeting together in the Spirit of the Lord Jesus Christ, and proceeding with Meekness and Love according to the Rule of His Word, and Constitutions of this Church, to be amongst the first and most effectual Remedies appointed of God, for attaining of these ends. Therefore considering that the Election of Commissioners for the Assembly hath been in many places limited and prejudiced in the due liberty and freedom thereof, by the Letter and Act of the Commission of the last Gen. Assembly, to Presbyteries appointing such as remain unsatisfied with, and bear testimony against the Publick Resolutions, to be cited to the General Assembly; which upon the matter, hath in many Presbyteries really obstructed the Electing of such, though otherwise men of approven abilities, and constant faithfulness and zeal for the Work of Reformation since the begining thereof: and that many Elections are questionable, some as containing persons not in a capacity to be chosen by the Acts of this Church, and some as not being made in a due order and right way; and that many Commissioners of Presbyteries and Burroughs are absent, some of them wanting free access, by reason of the English lying in the Country, and some upon other impediments and occasions; And remembring that such Reasons have formerly had weight in point of Discussion of the validity of some Assemblies, and may still be looked upon as important and weighty, by these who may happen not to be satisfied in their consciences with your proceedings. We did with all humble earnestness, and in the bowels of the Lord Jesus Christ, desire and beseech you for Truth and Peace sake; and that further mistakes and divisions may not be increased unto the prejudice of the Lords Work, and rejoycing of Enemies, and sadding the hearts of His People, That the Diet of the Gen. Assembly may, by the common consent and advice of the Brethren now met together, be adjourned for some competent time; and that by the same mutual advice and consent it may be declared, That the Letter and Act of the Commission ought not to be any prejudice to these who remain unsatisfied with the Publick Resolutions, why they may not be chosen Commissioners to the General Assembly; And that such Presbyteries as shall think fit, may make their Elections of new again, especially these Presbyteries whose Elections of Commissioners are questionable, to whom we desire it earnestly to be recomended, that they would in an unanimous way make choice of men of approven abilities and integrity, and against whom there can be no exception by the Acts and Constitutions of this Church. And in the last place, We do humbly represent and desire, that in the interval of time betwixt this and the Dyet, to which the Assembly shall be adjourned, there may be a Solemn Publick Humiliation throughout the Land, wherein God may be intreated to shew us why He contends with us, and to give light and clearing on all hands concerning the present differences of judgment, and distempers of spirit that are amongst us, that we may be of one mind, and one heart, for the carrying on of the Work of God amongst His People; And Your Wisdoms Answer.

Subscribed by sundry Ministers of the Gospel.

No. II. Protestation against the Lawfulness of the Assembly. St Andrews, July 18, 1651.

How gracious the Lord hath been to the Church of Scotland, in giving to her pure Ordinances, we trust shall be acknowledged by us whilest we live, with thankfulness to the Most High, of whom we desire mercy and grace to adhere unto the Doctrine, Worship, Discipline, and Government established in this Land: Amongst the many sad tokens of the Lords Indignation against this Church, The present Differences of His Servants of the Ministry is looked upon by us as one of the greatest: And as we hold it a duty to be deeply humbled before the Lord in the sence thereof, and by all lawful and fair means within the compass of our power and station to endeavor the remedy thereof; so we do acknowledge a free General Assembly, lawfully called, and rightly constituted, and proceeding with meekness and love in the Spirit of the Lord Jesus Christ, according to the Rule of the Word, and the Acts and Constitutions of this Church, to be amongst the first and most effectual means appointed of God, for attaining this end, and for preserving the purity, and advancing the power of the Work of Reformation in this Age, and transmitting the same to our Posterity, and to the Ages and Generations that are to come. But as the faithful Servants of God in this Church in former times, did by His good Hand upon them in the right administration of free and lawful Assemblies, bring the Work of Reformation in Scotland unto a great perfection, and neer conformity with the first pattern: So, unfaithful men minding their own things more then the things of Christ, and usurping over their Brethren and over the Lords Inheritance, did deface the beauty thereof, first by encroaching upon the liberty and freedom of Assemblies; afterwards by taking away the Assembly themselves. Therfore, remembring the many bonds and obligations that lie upon us before the Lord, and being desirous to be found faithful in this day of temptation, and to exoner our consciences as in His sight, and to avoid accession to that guiltiness in which many have involved themselves, and conceiving that this present Meeting is not a free lawful Gen. Assembly of the Church of Scotland, in regard that the Election of Commissioners to the same hath been pre-limited and prejudiced in the due liberty and freedom thereof, by a Letter and Act of the Commissioners of the last Gen. Assembly sent to Presbyteries appointing such Brethren as, after conference, remain unsatisfied with and continue to oppose the Publick Resolutions, to be cited to the General Assembly; And in regard that Commissioners from many Burroughs and Presbytries are absent, as wanting free access, by reason of the motion of the——; and in regard that many of the Commissioners of the former Assembly, who have carried on a course of defection, contrary to the trust committed to them; and who in their Remonstrances and Papers have stirred up the Civil Magistrate against such who are unsatisfied in their consciences with their proceedings, and who have by their Letter and Act prelimited the Assembly, are admitted to sit and vote as Members of the Assembly, and their Moderator appointed to be Moderator of the Assembly, notwithstanding that timous exception was made against them, that they ought not to be admitted as Members of the Assembly, until their proceedings were first tried and approven by the Assembly; And in regard that his Majesty by his Letter, and his Majesties Commissioner by his Speech to the Assembly hath incited to hard courses against those who are unsatisfied in their consciences with the proceedings of the Commission, before these proceedings be tried and approven by the Assembly it self. We do upon these and many other important grounds and Reasons to be propounded and given in, in time and place convenient, protest in the name of the Church of Scotland, and in our own Names and in the Name of all Ministers, Ruling-Elders and Professors of this Church, who do or shall adhere to us against the validity and Constitution of this Assembly, as not being free and lawful, and that they may not arrogat nor assume to themselves any authority, nor exercise any power or jurisdiction for determining of Controversies, making of Acts, emitting of Declarations, judging of Protestations or Appeals, or proceedings of Synods or inferior Judicatures, or censuring of Persons or Papers, or issuing of Commissions of whatsoever sort, to any persons whatsoever; and particularly we protest, that they may not proceed unto the approving or ratifying of the proceedings of the former Commission, not only because of their want of just power and authority so to do, but also because these proceedings contain many things contrary to the trust committed to these Commissioners, especially the allowing and carrying on of a conjunction with the Malignant Party, and bringing them in to places of Power and Trust in the Army, and in the Judicatures, contrary to the Word of God, the Solemn League and Covenant, the Solemn Confession of Sins and Engagement to Duties, the constant tenour of the Declarations, Warnings, Remonstrances, Causes of Humiliations, Letters, Supplications, and Acts, and Constitutions of this Church, and the laying of a Foundation for the Civil Magistrate to meddle with Ministers in those things which concern their Doctrin and the exercise of Ministerial Duties before they be cited, tried, and censured by the Judicatories of the Church. And we protest that whatsoever Determinations, Acts, Ratifications, Declarations, Sentences, Censures, or Commissions that shall be made, or given out by them, may be void and null, and may be interpreted as not binding to the Church of Scotland, and that notwithstanding thereof it may be free for us, and such as adhere to us, to exercise our Ministerie, and enjoy the warrantable Christian liberty of our consciences according to the Word of God, the National Covenant, and Solemn League and Covenant, and Solemn Engagement to Duties, and all the Acts and Constitutions of this Church; and that there may be liberty to chuse Commissioners, and to conveen in a free lawful General Assembly, when there shall be need, and the Lord shall give opportunity, and to add what further Reasons shall have weight for shewing the nullity of this Assembly, and the unwarrantableness of the proceedings of the Commission of the former Assembly. And that these Presents may be put upon Record by the Clerk in the Regesters of the Assembly, to be extant ad futuram rei memoream, and that we may have subscribed Extracts thereof under the Clerks hand.

No. III. Instances of the Influence that the Letter and Act of the Commission of the Gen. Assembly 1650 had upon several Presbyteries and Synods, and upon several persons therein, in the Election of Commissioners to the Assembly 1651, and in the Citing of these of their Number who were dis-satisfied with the Publick Resolutions as they are attested out of the Registers, or by Members of these Presbyteries and Synods, who were Witnesses to their Proceedings in these things.

1. Instance in the Presbytery of Jedburgh.

The Letter and Act of the Commission of the Gen. Assembly 1650, concerning the Citing of such of their Number as were Opposite to the Publick Resolutions, came to the Presbytery of Jedburgh, before the chusing of their Commissioners to the Assembly: At the time of the Election, the Presbitery after the reading therof, did in obedience thereto, make enquiry, who of their Number were not satisfied with the publick Resolutions; and finding that Mr John Livingston, Mr Ja. Ker, and Mr Jo. Scot, were dis-satisfied with these Resolutions, they did appoint Conference with these Brethren in order to their satisfaction, by reading of some publick Papers, refusing any other way of Conference unto them; after which, they went on to the Election of their Commissioners, passing by these dis-satisfied Brethren, and Citing them by vertue of the Act of the Commission, to Compear before the General Assembly to be holden at St Andrews the ______ day of July, 1651.

2. Instance in the Presbyterie of Dunkel.

The Presbyterie of Dunkel having chosen such of their number to be Commissioners to the General Assembly 1651, as were in their judgments opposite to the publick Resolutions; some of the Presbytery dissented from the Election of these persons upon the ground of their being uncapable to be Commissioners, because of an Act of the Commission for citing of such to the Assembly, and urged, That the Dissent, and ground thereof, might be marked in the Presbytery-Book, to be judged by the Synod.

3. Instance in the Synod of Perth.

The Synod of Perth, which met in June 1651, having received and read the Letter, and Act of the Commission, concerning the citing these who were opposite to the publick Resolutions, did find it incumbent unto them for satisfying the said Letter and Act, to appoint the several Presbyteries within their Bounds, and where the plurality of the Presbytery was dis-satisfied with the publick Resolutions, some nominated by themselves to Confer with dis-satisfied Brethren; and in case of their not receiving satisfaction by Conference, to cite them to the Gen. Assembly at St Andrews, from which Act of the Synod, such dis-satisfied Brethren as were present, who were about eight or nine, did Dissent, and were therfore cited apud acta by the Synod, to Compear before the Assembly, because of their opposition to the publick Resolutions: and concerning the rest who were absent, it was ordered by the Synod, That personal Summons should be sent unto some of them, and that others of them, in case of their not being satisfied by Conference, should be cited by their respective Presbyteries, and such as were appointed to Confer with them: At the same time, the Synod taking in consideration the Dissent of some of the Members of the Presbytery of Dunkel, and the grounds thereof, from the Election of their Commissioners, did sustain the same, and appoint the Presbitry to make a new Election.

4. Instance in the Presbytery of Kirkaldie.

The Presbyterie of Kirkaldie, having received and read the Letter and Act of the Commission, did thereafter and in order therto, refuse to subscribe the Commission of Magnus Aytoun, then chosen Commissioner to the General Assembly by the Town of Brunt-Iland, because when his Commission was presented to the Presbitery, he was not present to declare his judgment concerning the publick Resolutions. The same Presbytry did by vertue of the same Letter and Act find themselves oblidged to Refer or Summon two of their number, to wit, Mr Alex. Muncreiff, and Mr George Nairne to the General Assembly, because of their being dis-satisfied with the publick Resolutions, but remembring that these two had a little before that time Dissented from an Act of the Synod of Fife, appointing such Ministers in the Bounds of that Synod as were dis-satisfied with the publick Resolutions, to be referred to the General Assembly, did find that they were obliged to compear before the Assembly, to give in the Reasons of their Dissent from that Act; and therfore the Presbytery did draw up a Paper mentioning their regard to the Act and Letter of the Commission, and also bearing the Dissent of these two Brethren, and that they judged it not necessary to summon them, who were already by their Dissent obliged to compear; and this Paper they did deliver to their Commissioners, appointing them to present it to the Assembly.