terms As to that in the year 1582. it is grosly mistaken because it is no waies anent declining of unlawful Assemblies but against appealing from lawful Assemblies to the Civil Magistrate in Ecclesiastick causes for stopping Ecclesiastick Discipline against the persons appealers as is further evident by the occasion thereof Mr. Robert Montgomery Bishop of Glasgow his producing Letters of Horning from the King Counsel charging the Assembly to desist from his Process and suspending their Sentence in the mean time till the King and Counsel consider the same against which the Kirk entred a Protestation From these things it may appear how unwarantably the Meeting at Dundee did upon alleadgance of this Act fall upon debate of the summar Excommunication of these who had protested A VINDICATION OF THE Freedom and Lawfulnesse and so of the Authority of the late GENERALL ASSEMBLY Begun at St. Andrews and continued at Dundee in Answer to the Reasons alleadged against the same in the Protestation and Declinator given in by some Brethren at St. Andrews and in another Paper lately contrived by some c. 1651. Together with a Review of the said Vindication plainly holding forth the Nullity and unlawfulnesse of that pretended Generall Assembly In which the aspersions cast upon the Protesters in that Vindication are taken off And the Answers brought unto the Reasons contained in the Protestation against the freedome and lawfulnesse of that Meeting and in the Paper afterwards penned for clearing and confirming thereof are discussed and the strength of these reasons established to be a Null Assembly By a Friend of the Protesters cause Gal 5.1 Stand fast therefore in the liberty wherewith Christ hath made us free and be not entangled again with the yoke of bondage 2. Cor. 10.8 Our authority which the Lord hath given us for edification and not for your destruction For we can do nothing against the truth but for the truth Printed Anno Dom. 1652. The Inscription of the Vindication A Vindication of the freedom and lawfulnesse and so of the authority of the late Generall Assembly begun at S. Andrews and continued at Dundee in Answer to the Reasons alleadged against the same in the Protestation and Declinator given in by some Brethren at S. Andrews and in another Paper lately contrived by some practizing to foment divisions and to fix a Schisme in this Kirk and for that effect spread abroad onely into the hands of such as they conceive wil be inclinable to follow their way but keeped up from all others The Review of the Inscription IN this Title some things are insinuated and others are asserted It is insinuated that the Protestation was given in but by a few for he calls them some Brethren I acknowledge that the multitude and greater number are upon the other side yet that is not a thing wherein they have cause to boast or the Protesters need to be ashamed it seldome falls out especially in declining times that the followers of the truth are the most numerous yet were these even for their number many moe then by the Law are accounted witnesses sufficient to attest a truth and many there be throughout the Land who put to their seal to their Testimony as true Ministers Elders and Professors yea the Generality of the Generation of the Righteous and such as know GOD and live godly in the Land It is asserted first That the other Paper was lately contrived that is a litle while before the writing of this Vindication But if the Vindication was not written many moneths before it came abroad the Author thereof is mistaken in this because this Paper was contrived within a very few weeks three or four at most after the Protestation it self it may be that it came but lately to his hand but it was abroad long before his Vindication was heard of 2. It is asserted that this Paper was contrived by some practizing to foment divisions and to fix a Schisme in this Kirk But their hearts bear them record that the fomenting or fixing of division or schisme justly so called as it never was nor is their purpose so hath it been far from their practice either in that or any other particular This indeed they do acknowledge that they are unwilling to suffer themselves to be divided from the truth formerly received and professed by the Church of Scotland and that they conceive themselves bound in their stations and Callings to bear testimony against the course of back-sliding carried on in the Land of which they judge the common Constitution and Acts of that Assembly to be no small part and though to foment divisions and fix a Schisme in the Church be a heavy imputation yet being conscious to themselves of their own innocencie they are not much moved with it remembring that it is the common Topick whence decliners in all the Ages of the Church have argued against these who would not be consenting unto or did testifie against their defection Peace and unity hath been their plea and sedition division and schisme their charge against their opposers upon this accompt doth the Lord Jesus and his Apostles by the Scribes and Pharisees and Elders of the Jewes Luther and Calvin and our first Reformers by the Pope and his Clergy Nonformists by the Prelats and their adherents stand recorded in the Catalogue of these who practized to foment divisions and fix a schisme in the Church 3. It is asserted That this Paper was spread abroad onely into the hands of such as they conceive will be inclineable to follow their way but keeped up from all others If they had directly sent Copies to these of a contrary judgment it might haply been thought a piece of vanity and presumption and if the Author of this Vindication thought such a thing incumbent to them why did he not send a Copy of his Answer to the contrivers of these Papers whom as he afterwards bears us in hand he doth very wel know or hath he spoken with or received evidence from all others who were not inclinable to follow that way that he doth so confidently assert that Paper to have been kept up from all of them I will assure him it was not so as he affirmes As the contrivers did not vainly nor boastingly spread it to the provoking of any so did they not purposely keep it up from any of whatsoever judgment but were willing and desirous that it should go abroad for edifying of as many as the Lord should be pleased to blesse it unto And therefore did they not onely give Copies to such as did desire them but also did use some means to have gotten it Printed and could get none to undertake it VINDICATION Before I fal upon the Examination of the Reasons brought against and the discovery of the false Aspersions cast upon the Assembly by these Papers mentioned I do obtest the Reader whosoever he be into whose hands this Vindication shall come in the fear of God and as thou
offer any reasons to the Assembly against these Proceedings so the reasons which they did afterwards offer were not very strong nor hard to be loosed much lesse stronger and harder to be loosed then the reasons offered in the 51 by these Ministers the last being founded upon the Word of God and the Covenant and the clear Acts and Constitutions of this Church and the other not so These things being thus discussed it still appears that the Writer had good reason to say that there is a wide difference betwixt that which was done by the Commission 1648 and that which was done by the Commission 1651. as to the pre-limiting of the Assembly and that the Protesters have reason to condemne the last though they maintain the first VINDICATION WE shall adde some further considerations in answer to the first Reason But ere we proceed a word upon what the Writer of the 2. Paper hath upon the 2. Objection which either he hath formed to himself or found I know not where viz. That it was in the Commissions power not onely to appoint these who opposed the Publick Resolutions to be cited to the Generall Assembly but also to have censured them by vertue of a clause contained in the Commission and that therefore having keeped themselves far within the bounds of the Commission c. The Writer of this Paper for clearing of this business runs out in a discourse concerning the nature of delegated Judicatories that they are and must be from the light of nature and common reason limited to a certain rule in all their administrations to wit to standing Lawes of the Incorporations to which they do belong and to a certain end viz. the good and preservation of the whole body and in application unto or accusation against the late Commissioners of the Generall Assembly their Resolutions He affirms they were not onely without the warrant of an Act of the Assembly which should have been their rule and not only not contributive for the preserving and advancing of the Work of Reformation but expresly contrary to the clear letter of the Covenant and multitudes of Acts and destructive to the Work and that therefore assuming to themselves a power to censure or cite such as did oppose them they did not onely go beyond the bounds of their Commission but destroyed the very end of it viz. the preservation of the Liberties of the Kirk in bringing Generall Assemblies to bondage by excluding all such as would not consent to the course of defection a dangerous and damnable preparative laying a foundation for the totall over-throw of Discipline yea of Doctrine and Worship yea the Commission being once corrupted the introducing of Prelacie Service-Book Popes supremacy the whole body of Poperie Here certainly the Writer hath filled his Pen nigrae succo fuliginis to render the Commissioners odious and detestable to all But to these briefly First if it was another man that proponed the Objection then the Writer himself I verily think he did not mean that the Commissioners had power by their Commission to cite and censure opposers of any Resolutions made by themselves right or wrong neither doth the Objection as set down by the Writer himself import any such thing but opposers only of their just and right resolutions such as I doubt not he took the late resolutions to be and therefore all the Writers running out upon the nature of a delegated Judicatory c. as to that Objection is but a fighting against his own shadow Secondly we know and acknowledge that delegated Judicatories are limited to a certain end and a certain rule yea we think further that Judicatories not delegated but having power originally in themselves humane are so limited too But that the late Commissioners did in their Resolutions carry on a course of defection contrary to the express letter of the Covenant and multitude of Acts of this Kirk and destructive to the Work of Reformation and that they destroyed the Liberties of the Kirk brought the Generall Assembly to bondage is said but was never nor will never be proven and so but a foul calumnie and false accusation of the Brethren of which that uncharitable expression calling what the Commissioners did damnable which being used for aggravation here cannot simply mean onely that the thing done was worthy to be condemned as every errour even the least is but also damnable to the doers I pray the Lord give the Writer repentance and forgiveness REVIEW TO all this I return That albeit the maker of the Obejection concerning the Commissions power took their Resolutions to be right and just yet doth not the Writer fight with his own shadow because the objector and the Commission both in the matter of these Publick Resolutions takes wrong for right and unjust for just and upon this mistake conceives them to have power where they have none which mistake the Author discovers by holding forth the discordance of these Resolutions with the rule according to which they were bound to proceed both upon the matter and by vertue of their Commission which the Author is pleased to call a foul calumny and uncharitable accusation of the Brethren that never was nor never shall be able to be proven But I desire him soberly to remember 1. That neither he nor any of his judgement to this day have so far befriended their own cause or satisfied these who stumble and gainsay as to bring forth any Act of this Church prior to these Resolutions for justifying thereof though it often hath been called for 2. That many Acts of this Church hath been brought forth speaking plainly against these Resolutions to which all the answers which hath been returned may as I take it be comprehended in one of these two Either denying that the Malignant party were joyned with about the defence of which denyall the Author and others may exercise their ingines but shall never be able to satisfie the consciences of the godly in it and I fear nor their own fully or else in telling us that it was a new case which we never before had to do with or occasion to detemine to wit the case of the defence of Cause and Kingdom against a forrain invasion but it hath been often told him and others and I wish they would once consider of it that even in the case of the Cause and Kingdomes defence against forrain invasion the unlawfulnesse in joyning with the Malignant party hath been often determined by this Church yea in that very case which is the present question and in the highest advantage they can have in the stateing of it that is the case of scarcenesse of men as to his great exception against the word damnable I cannot think that the Writer meant it of bringing with it damnation to the Writer he cannot be so grosse as to take it for the sin against the holy Ghost yea he will I believe allow as much in the matter of Salvation to some of
Proposition is unquestionable the minor is proved thus It is to be constituted by the Acts of the pretended Assembly of Dundee as by a rule Ergo By a corrupt rule the antecedent is manifest because all the unrepealed Acts of former Assemblyes that do determine the qualification of Commissioners are especially the Acts of the Assem immediatly preceding are the rule by which the Assem is to be constituted as is manifest from the Acts of the Assem themselvs old and late and from the constant practice of this Kirk in all her Assemblies and that the Acts of Dundee include a corrupt rule as to the judgements and consciences of those who condemn these Acts as involving a course of defection is manifest because they appoint all those who do not acquiesce and is obedient to the Acts and Constitutions of that Assembly to be proceeded against with the censures of the Kirk and so to be excluded from being capable of being elected as Commissioners for sitting in the Assembly as Members rightly qualified 2. No man ought to concur in any Election of Commissioners when the Election is not free but ought rather to give testimony against the same But the Election of Commissioners to the Assembly indicted by the pretended authority of the Commissioners of the Assembly at Dundee cannot be free in the judgement of these who do not approve of the Acts of Dundee Ergo Nothing here needs confirmation but the Assumption which may be proved thus That Election which is limited and restricted unto such only as are involved in a course of defection and back-sliding and is exclusive of all other who have not been involved in the foresaid course cannot be a free election but the election of the Commissioners of the ensuing Assembly is such in the judgement of these who do not approve the Acts of Dundee Ergo The reason of the assumption is because illud possumus quod jure possumus Now no Presbyterie Session or person acknowledging the constitution and authority of the Assem of Dundee and yet testifying against the Acts thereof relating to the approbation of Publick resolutions and to the censuring of the opposers and such as do not acquiesce and give obedience thereto can legally choose Commissioners contrary to a standing unrepealed Act of an Assembly Therefore the election of Commissioners to the ensuing Assembly must be limited and unfree in the judgments of these who protest against it in their consciences or dis-approve the Acts of the Assembly of Dundee as involving the approbation of the course of defection 3. No man ought concur in the election of Commissioners to an Assembly unto which none are to be admitted Members but such as are involved in a course of defection and back sliding from the Cause of God and from the Covenant but the ensuing Assembly is to be such in the judgements of these who dis-approve the Acts of Dundee Ergo the Proposition is granted on all hands even the Assembly of Dundee and the asserters of the authority thereof grant the Nullity of an Assembly when the authors and abettors of a course of defection are admitted to be constituent members The assumption is proved to wit That Assembly now indicted is to be such an Assembly that Assembly unto which none can be admitted Members but such as approve the Publick Resolutions and the Acts of Dundee ratifying the same is in the judgment of these who dis-approve the Acts but not the authority of the Assembly of Dundee an Assembly unto which none can be admitted Members but such as are involved in a course of defection But unto the ensuing Assembly none can be admitted Members but such as approve the Acts ratifying the Publick Resolutions None but these can be admitted because none can be admitted contrary to a standing unrepealed Law and yet these are involved in a defection in the judgment of them who dis-approve the Acts at Dundee 4. No man ought to concur in keeping an Assembly from which many faithfull and godly Ministers and Ruling Elders be excluded for no other cause but for their being faithful in witnessing against the back-sliding of the Land But from this Assembly many such are excluded by the Acts of Dundee and that for no other cause but for testifying against the defection of the Land according to the judgment of these who condemn these Acts and therefore these cannot concur in keeping this ensuing Assembly 5. No man ought to concur in keeping an Assembly wherein the constituent Members are for the most part such as are either authors or approvers of the enacting a persecution of many godly men but the ensuing Assembly is to be such in the judgment of these who dis-approve the Acts of the Assembly at Dundee Ergo the Proposition will be granted by every man the assumption is abundantly proved by the clearing of these things 1. That enacting the drawing forth of censures of the Church against godly man to speak nothing of that which is already executed for that which is no fault in them is the enacting of a persecution of godly men cannot be denyed by any 2. That the enacting to draw forth all the censures of the Kirk against these who do not approve the Acts and Constitutions of the Assembly of Dundee to the enacting of drawing forth censures against godly men for that which is no fault in them but duty is unquestionable in the judgment of these who dis-approve these Acts. 3. That the Assembly now indicted is to be made up of such is cleare from what is before spoken and shall be further cleared immediatly Ob. How doth it appear that the Assembly now indicted is to be constituted as all these reasons do import can we judge of the constitution of it before we see how it is constituted Ans 1. It must be constituted according to the acts and rules constituting which are not yet repealed and therefore according to rules of the Assembly at Dundee in the judgment of these who acknowledge the authority of that Assembly and these acts cannot be repealed before the constitution of another Assembly 2. That it must be so constitute may appear from the tenaciousness of Synods and Presbyteries to maintain the authority and acts of that pretended Assembly who being involved in the approbation of the same have given good evidence that the ensuing Assembly must be so constitute if it be urged as for instance the Letter of the instant Commissioners which doth appoint the place of meeting of the future Assembly do desire Presbyteries to choose Commissioners according to the known and ordinary rules of election but these know and ordinary rules cannot be supposed to include the acts of the Assembly at Dundee 1. Because these acts are not known the same not being published yea not extant neither can they be called ordinary being once onely done and being questioned much by many it is answered These are poor shifts 1. Because these acts were formally
Elections or 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 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 ackdowledge 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 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
their Records and good reason is there for such Protestations especially in Scotland because not only by Gods Word but also by our National Covenant solemn League and Covenant and solemn Acknowledgment all Interest of King or Parliament or Kingdom are subordinate to the Interest of Christ and all duties to men subordinate to our duty unto God In hoc foederato regno federati Dei according to the 2 Kings 11.17 and 2 Chron. 23.16 in both which the substance of that Covenant and our Covenant is that we should be Gods people and all other relations subserviant to that sit ergo gloria Christi salus Eclecsiae suprema Lex nostra and whensoever we see it in any hazard or contest and any thing in competition with it let us according to our calling at least protest that our Lord and our Mother may get right which will legaly preserve it to another Judgment and if they get wrong thereby they will have witness of it which is the least which we should do for Him though we suffer for it who hath done and suffered so much for us and who puts a great favor and honor upon any whom He calls to be witnesses to and for Him and where one hath a necessity to protest for his particular right or place in Parliament we see they do it ordinarily and in all Acts of Parliament the last is savo jure cujuslibet and why not far rather solvo jure Christi ac Ecclesiae Which Protestation by communicating of this Paper I do enter against the Ratification of the Paper given in by the Commission to the Parliament anent the confinement of the Ministers of Sterling for their preaching or of any other Paper of theirs prejudicial to the Covenant and Cause of Jesus Christ REASONS PROVING That the late Meeting at St. Andrews is not a Lawful Free GENERAL-ASSEMBLY Of the KIRK of SCOTLAND With ANSWERS to the OBjECTIONS on the contrary THat is not a lawfull free Generall Assembly the election of whose Commissioners is so prejudiced and pre-limited in the due liberty and freedom thereof that many Ministers of Presbyteries in a capacity of deserving to be chosen for their abilities and faithfulnesse are by the Presbyteries at the order and appointment of a superior Judicatory past by and set aside in the election and rendered incapable to be Members of the Assembly but the late meeting at St. Andrews was such Therefore c. The first Proposition albeit as we conceive unquestionable yet shall afterwards be alittle further spoken to The second is proved by Presbyteries proceeding according to the Letter and Act of the Commission of the former Assemblie sent unto them about the time of their choosing Commissioners appointing that such as after conference should remain unsatisfied with and continue to oppose the publick resolutions to be cited to the Generall Assembly which Act doth upon the matter include these Four things 1. A direction that Presbyteries should choose none to be Commissioners but such as did concur with the publick resolutions 2. An intimation of the Commissions mind that Dissenters from the publick resolutions were so farre from being in a capacity to be chosen Commissioners and to sit as Judges of the matter in the Gen. Assembly that they ought to be looked upon as guilty persons who were for their guiltinesse to be cited and judged 3. A Declaration that if they should be chosen they could not be admitted to sit upon the Bench as Judges but behoved to stand at the Barre and answer as rei 4. That if the Presbyteries should choose them they were to be esteemed disobedient and looked upon as persons having no respect to publick orders of the Kirk which things do cleerly enough prove that there was such a prelimiting of the election as is formerly spoken of Object The Commissioners of the General Assembly in the yeer 1648. did by a Letter written to the severall Presbyteries appoint such Ministers as refused to declare their judgement against the Engagement which was then carried on or did declare themselves satisfied there with to be refered by their severall Presbyteries to the General Assemblie which upon the matter is equivalent to a citation and yet was not that judged a pre-limitation of the freedom of the Assembly Answer To say nothing of the difference of a Reference and Citation neither yet of the difference of a Letter and an Act We desire these things to be considered in answer to what is objected 1. That in the yeer 1648. when a little before the election of Commissioners by the Presbyteries to the General Assembly it was moved by some in the Commission that some thing might be written to Presbyteries to chuse none but such as were against the engagement it was opposed as savouring away of pre-limitation and so only a Letter was written giving them an accompt of the Commissions proceeding and exhorting them to their duty and to chuse able and faithfull men 2. That that Letter which is mentioned in the objection was not written by the Commission as we remember untill most part if not all the elections in Presbyteries were past wil be cleered by the date thereof 3. That before the writing of that Letter the whole Kirks of Scotland almost in all the Presbyteries and Synods thereof had declared themselves unsatisfied in conscience with the Engaegment excepting a very few Ministers scatered here and there in Presbyteries which few were also known to have been either opposers of the work of God or neutrall and indefferent therein from the begining 4. That the resolutions of the Commission were then agreeable to the Covenant and Act and constitutions of former Generall Assemblies which things being put together make a vive difference betwixt that which was then done and that which the Commission hath now done because the Letter and Act of the Commission this year was previous to most part of the elections in Scotland and whilst many Presbytries were bearing testimony against their Resolutions and the most part of the godly of the Land remain unsatisfied therewith and many pâ—ecious able and faithful men in the Ministry who are known to have been straight and zealous in the work of God from the beginâ—ing were bearing record against it and whilst the Resolutions of the Commission were point-blank contrary to the Covenant and to the former Acts and Constitutions of this Kirk Objection It was not only in the power of the Commission to appoint those who did oppose thâ— publick Resolutions to be cited to the General Assembly but also to have Censured them because there is a Clause in their Commission which gives them power to Censure such as oppose them in their proceedings as if they opposed the Assembly it self and therefore seeing the Commission hath been so far from excluding that they have keeped themselves fair within the limits and bonds of that power given them by the Assembly it cannot be said That their Letter and Act doth
and rashly to say to the best of it spares not to traduce them as Apostates and backsliders but this is it I would say that men should take heed that they make not a snare of their opinion yea or the reall conviction of the godlinesse they have of any persons by approving taking up or following their sayings opinions or practices without due examination and triall upon this accompt because they are godly persons from whom such things proceeds It is well and expedient for such as would in this dangerous time walk circumspectly and shun snares to remember as to this present caution two things 1. That true godlinesse is not of such perfection in any on this side of eternity as doth exempt them from all erring whether in judgement or practice nor yet from stiffe maintaining mistakes when once they have turned aside unto them Luther was a godly man and had much of CHRIST in him I think none of them interessed in the present businesse will compare with him yet who knoweth not what great errouns he held in the matters of God and maintained not only stiffely but violently to the great prejudice of Religion and obstruction of the work of Reformation under which the Reformed Kirks do groan yet unto this day 2. How wofull a snare this I mean not godlinesse but the overweighing conceit of persons reputed to be godly hath proved in the neighbour Nation and Kirk Hath not this been one of the chiefest stratagems and engines whereby Satan hath prevailed to mar the fair work of Reformation so happily and hopefully once begun there and silled that Land with unparalelled confusions under which now it groans Foelix quem faciunt aliena pericula cautum It were good for us to learn wisedome by other mens dangers and to be warned by the beacons which others shipwrack hath set up to us lest we also make shipwrack upon the the same schelves and then say but too late non putavimus proverb still Scottish men wise behinde the hand prove all things from whatsoever hand they come and hold fast that which is good REVIEW I do indeed believe that the Author doth not intend to say or advise any thing to the prejudice or disadvantage of godlines or godly men yet do I desire him seriously and in sobernesse of minde as before the Lord to consider whether there hath been something in the late Publick Resolutions and in the proceedings and Acts of the late Assembly at Dundee to both which if I mistake not he had a great accession that is prejudiciall to godliness and to godly men Respect to these did exceedingly abate with the Publick Resolutions yea enimity against these did exceedingly grow with these resolutions a thing so manifest that they who did run could not but read it and did not the Acts at Dundee wherein besides the censures that were inflicted on some all whether Ministers Elders Expectants Schoolmasters Students or Professors of whatsoever sort who shall not acquiesce to the Acts and Conclusions of that Assembly and who after conference for their satisfaction oppose the same are appointed to be censured do not I say these Acts import a prejudice to godliness and godly men if prosecuted and executed they would at last non-Office and non-Church many Godly Church-Officers and godly Church-Members yea I fear the greatest part of the Godly in the Land His testimony concerning the godliness of many of the Authors and Abettors of this Protestation I do willingly accept as savouring of ingenuity and having truth in it I wish he had been as plain and positive in giving his judgment concerning others Whilest he differences them from these to whose godliness he bears testimony and saith that what ever they have been every whit he will not take upon him to judge it seems that he would render them suspected if not have them taken for persons naughty or little worth what ever be his meaning in it or his judgment of these others I shal not stand to enquire into it there be none of the Authors or Abettors of that Protestation to whom many of the godly in Scotland will not give an honest testimony neither will any thing that any of them have been contradict the same if at any time they have been in a wrong way yet have they through grace repented of and forsaken the same And it concerns the Author who hath been a sharer of the like precious mercy not to upbraid them but to acknowledge the goodness of the Lord both to them and to himself I deny not that there are godly men on the other side and such as suffered for the Truth and Cause of God but why he should say that some of them were in Christ before the Protesters and that they were sufferers for the truth when others had not the honour to be deors for it I do not well understand sundry of the Protesters for their being in Christ and suffering for the Truth and Cause of God are through grace of a very old and longstanding and famous honorable in all this Church I cannot reckon the moneths or years since the one or the other did begin to be in Christ and had the honour to suffer for the truth neither do I desire to insist on the comparison blessed be the Lord for all that are in Christ and for all who suffers for his Cause I wish and pray that all of them may conquer and overcome and if any of them be turned out of the way the Lord may again recover them and make their last dayes better then their first It is true some of the Protesters had not the honour to be doers for the Cause yea were opposers of it when some of the other side were suffering for it but what if they have obtained mercy because they did it ignorantly through unbelief if not to be a doer for the Cause yea if to be bearers down and opposers of the Cause when others were suffering for it be a good plea against any of the Protesters I fear most part of the late Assembly must leave their Benches and go to the Bar. I know none that traduces these godly men as Apostates yea I know and am perswaded that the Protesters have an high and honourable estimation of them for their piety and parts and for the great things whereof the Lord hath made sundry of them instrumentall in his House and though they cannot but testifie unlesse they would be unfaithfull that the course which these men have followed this while past in the matter of the Publick Resolutions is a course of defection and back-sliding yet do they not use to call them back-sliders much lesse Apostates and if any others do it they are not therein approven or allowed by them I joyn with the Author in his advice that men should take heed that they make not a snare of the opinion yea or the reall conviction of the godlinesse they have of any persons by approving taking
men in that Meeting earnestly endeavoured that condescending upon Publick Causes of the wrath of God manifested in that defate at Dumbar as Causes of a Fast might be delayed untill the week next following that there might be a full Meeting of the Commission conveened together to go about that purpose with Authority and more deliberation but were born down by the vehemency and head-strong forwardnesse of some who are chief men in this Protestation professing so much respect to the established Government of this Kirk 3. That there was no necessity of haste in emitting particular Causes there was rather much danger in doing it upon so short deliberation seing the publick calamity and known publick sins was causes evident enough to all of humiliation for the present and within lesse then eight dayes a Meeting of the Commission might have been conveened as it was de facto conveened within that space to condescend upon particulars all these things being considered was it not usurpation and contempt of lawfull Authority and the Government established in this Kirk to say that the Commission at their Meeting which followed did approve of the causes emitted by them it doth not avail to clear them from usurpation and contempt of the Government for to say nothing of that that the Commission did both alter somethings in them and adde to them about recommending prayer for the King as well as mourning for his sins in the humiliation which was seemed to have been purposely left out as appeared by the debate made about it when it was mentioned and desired in the Commission for the space of half an hour at least by Mr. James Guthrie and the Register to say nothing of this that which the Commission approved was the matter of these causes and not the way of emission wherewith many of the Commission shewed themselves exceedingly dis-satisfied as a practise without example and a preparative tending to the overthrow of the Authority of Government but did forbear to challenge it at that time for peace sake REVIEW THere is a great deal adoe here for little or nothing which saith that there must be some mystery in the bottom before I come to discover it I shall make answer to the particulars alledged First by a narration of the History as it was in matter of fact and then by taking off the things which are challenged by the Author Our Army being defeat at Dumbar upon the Tuesday morning and some of the scattered Forces having retired towards Striveling in the end of that week a considerable number of the members of the Commission and Presbytery with the Army did meet there to take in consideration what was fit for them to do in that juncture of time affairs and after mutuall debate and advice finding that in all appearance they might be driven from thence and scattered one from another very suddenly the Town then not being fenced nor any furniture or provision in it nor we having any bodie of standing Forces in the fields to interpose betwixt the Town and the Enemy and the hand of God laying heavy and sore upon the Army and upon the whole Land by that dreadfull stroak at Dumbar they thought it expedient that there being one or two wanting to make a Quorum of the Commission and these of the Commission who were present being also members of the Presbytery of the Army and sundry other Ministers who were also members of that Presbytery being present that they should set down the heads of these things for which as they conceived the Lord had smitten us send them abroad to the Presbyteries throughout the land with a Letter written from the Presbytery of the Army not injoining them as causes of a humiliation to be keeped by any Authority but humbly representing them as their thoughts â—n so sad a time and desiring their brethren to join in a publick Fast and humiliation thereupon What usurpation or contempt of lawfull Authority and the government established in this Church was here As to the things challenged by the Author they did not assume to themselves any authority but onely write their humble advice as their Letter did humbly shew and this they might do yea it was expedient for them to do it as things then stood neither were they so private as the Author insinuates the Author speaks a little diminutively of them when he cals them some members of the Commission and some members of the Presbytery of the Army there wanted but one or two of a Quorum of the Commission and the Presbytery of the Army was numerous and well conveened as many certainly as gave them power to Act in any thing that was fit for the Presbytery to meddle with These sundry godly and understanding men of whoâ— he speaks who were for a delay were but a few and when the rest of their Brethren did not finde it expedient they did not eâ—ter any dissent which belike they would have done if they had thought it a busines of any such consequence as the Author would â—ow make it when he sayeth they were born down by the head strong forwardnesse of some professing so much respect to the established government of this Church He doth but shew himself like the man who wanting better weapons did throw feathers at his adversary which did manifest a great deal of desire to reach blows but drew no bloud all the Protesters who were then present were two or three at most and they had no more voices but their own but it seems that in some mens judgement where ever any Protesters are they must bear the blame of all the things that are conceived to be done amisse As to the next there was a necessity because there was no appearance that they would get leave to stay together for to meet with any conveniency for a long time thereafter let be that the Commission might meet within eight dayes as the Author asserts It will be acknowledged by such as knew the truth that if the English had at any time within eight dayes after Dumbar either advanced with their whole Army or sent any considerable part thereof to Striveling they had in all appearance gained that place and so made an easie passe for themselves to overrun the whole Land and was it not every bodies fear that they should so have done at that time yea did not all of us many time blesse God that they did it not And what could be the danger of emitting these causes by way of humble desire and brotherly representation seing they did medle with nothing but that which was palpable and manifest yea which for the matter had been condescended upon by the Commission before that time and was as the Author himself acknowledgeth such as the Commission did at their next Meeting approve the onely thing that had any shadow of newness in it was that of the crooked and precipitant wayes that had been taken for carrying on the Treaty with the King
first ground 1. As it lyeth in the Protestation it could have no force to prove any illegality or nullity of the Assembly at the time of the Protestation suppose that the Commissioners Act Letter sent to Presbyteries and indeed contained under Prelimitation because this fault of the Commission could not be imputed to the Assembly to nullifie it while as yet it was to the knowledge of the Assembly but an aliedgance not proven that such under pre-limitation had been used in the election of Commissioners and that they had not as yet determined nor approven the deed of the Commission nor deed of Presbyteries done thereupon in elections at the giving in of this Protestation the Assembly had not as yet considered the Commissioners Proceedings neither indeed was it in their power to cognosce upon exceptions against the Commission without change of the Order of proceeding that had been used constantly in all bygone time and upon a great debate with the Parliament it self in the Assembly 1648. had been established by a formall act as the Protesters themselves well understood and acknowledged and therefore it was that upon this they offered to the Assembly before the choosing of a Moderator a Paper pressing the changing and reform the order of proceeding in the Generall Assembly which before had alwayes been in use as if some of themselves had not been the main maintainers and procurers of the establishment of that order before when it made for them And as the Assembly as yet but in heap of the matter and not constitute into a Judicatory could have taken into consideration and have altered the practice and constitution of former Assemblies The Assembly therefore did offer to call in this exception and to give unto it all due considerations as soon as possibly they could win at it REVIEW WHat needs all this wast of words concerning the gathering and mustering of forces and the imploying of many heads and the pen that gave the forme and some thing of School and something of Law and Registers which the former behoved to have from these Qâ—aerees The truth is that if it were a purpose to tell it there were very few heads imployed in that businesse haply as few as about the Vindication and there was little gathering of forces for it the difficulty of correspondence and shortnesse of time wherein it was penned admitting of very little communication of thoughts and the Author is mistaken when he speaks of two Quaeres one of School another of Registers and of Law out of which the former behoved to have his materials and haply also concerning the pen that gave it the frame as some others have been before him but what though all these things were true which he alleadgeth Is it any fault in weak Souldiers to call in their fellows to their help and to strengthen one another in maintaining of their ground against many and strong Adversaries or doth he hunt after commendation and applause by setting forth the preparations and multitude and strength of his opposites whom yet he by himself alone supposeth to have defeat It was free for the Author in answering the reasons contained in the Protestation and the other Paper relating to it to choose such a method as seemed best to him though it would have seemed to be more easie for his readers if he had followed foot for foot what is contained in these Papers I do more wonder that he hath left many things of importance unanswered not so much as once touching them But let us come to the answers which he gives which I shall take as they ly in the Vindication upon supposal that the Letter and act sent by the Commission to Presbyteries did contain an under-prelimitation the first ground as it lyeth in the Protestation hath force to prove the illegality or nudity in the Assembly notwithstanding of any thing the Author saith to the contrary First he seems to lay this ground that nothing can be of force to prove the illegality or nullity of the Assembly but that which can be imputed to the Assembly it self but I fear that this ground which is here hinted at by him and much made use of by some others in this particular shall fail all who lean thereupon I suppose that by a Letter and Act of the Commission and a deed of the Presbyteries done thereupon elections had been so pre-limited that alâ— Ruling Elders had been excluded and Ministers onely chosen or the one half of the Ministers excluded without a just cause from having voice in the elections or from being chosen Commissioners would not these pre-limitations have force to prove a nul Assembly the same being proponed and rejected as not relevant exceptions when the Commissioners did meet to constitute themselves into an Assembly it seems by the Authors ground they could not because they are but alledgeances not yet proven and they have not determined therein no approven thereof because it is not in their power to cognosce upon exceptions against the Commission without change of the order of Proceedings to the Ass which had been constantly used in all time by gone there may be many things done in Commissions Presbyteries in prelimiting and perverting the elections that cannot be imputed yea which the Assembly may condemn that may make an illegall and null Assembly and therefore upon supposall that the Letter and Act sent to Presbyteries did contain an under-pre-limitation it might have force at the time of the Protestation to prove a null Assembly though it could not be imputed to the Assembly it self But how doth he prove that it could not be imputed to the Assembly first it was saith he to the knowledge of the Assembly but an alledgeance not proven it seems the Author doth not question the relevancie of it in Jure if the truth of the fact had been proven but it being relevant in Jure as upon his supposall it needs must and offered to be proven in facto yea the matter of fact as to the presumption of it being manifest to the consciences of many of the Assembly ought they not before constituting themselvs in an Assembly either to have tryed and discussed the same or else to have laid aside the persons against whom it was propounded from sitting as Members in the Assembly untill it might have been gotten tryed and discussed but they did neither of these and was not this to be imputed to the Assembly Next he sayeth that the Assembly had not yet determined in nor approven the deed of the Commission nor the deed of Presbyteries done thereupon in Elections at the giving in of the Protestation Bâ—t in this he is much mistaken because the Assembly by admitting the Commissioners from Presbyteries so elected did as really approve these limited Elections and so the deed of the Commission and Presbyteries done thereupon as ever any preceeding Assem used to approve the most free Elections to wit onely by admitting the Commissioners yea
case in the year 48. the elections being past in most places before it was done and might be justly presumed to have been past in all as shall afterwards be more fully cleared but it was not so in the 51. what was then done being previous to the elections Next I give clear answer by denying the minor because the Commission did not require such a thing the most that they did was to recommend it which is far from requiring and therefore by the writers grounds the Author hath proven nothing at all To the second consideration that the Letter and Act of the Commission 48. was not writen untill most part or all elections in Presbyteries was past he makes answer that so were many of the elections of Presbyteries before the Letter and Act of the Commission 51. came unto them But that is not true if we take the Authors own ground to wit that few Presbyteries except it be such as are farthest distant chooseth their Commissioners 20. or 25. dayes before the Assembly and allowing 8. dayes for dispatch to Presbyteries and take withall the date of the Letter and Act of the Commission 1651. which is the 28. day of May and compare it with the day of the down sitting of the Assembly which was the 16. day of July the untruth of this will appear because between the date of the Act and the diet of the Assembly are 48. dayes of which deducing 8. for the dispatch there do remain 40. dayes till the Assembly which do far exceed the time spoken of by the Author for the other part of it that most part of the elections 48. were past before the Letter and Act of the Commission came unto them I do appeal to the Presbytery Books There is little or no weight in the presumptions that the Author gives to the contrary 1. He takes upon him to prove that some Presbyteries did upon that Letter and Act refer and cite some of their members to the Generall Assembly some Presbytery dayes before they began to think upon the election of Commissioners but he hath named none and comprises them under the word some haply lest it should be known how few there were probably but one that is St. Andrews in the matter of one of their university men who was also a Minister Next he makes a supputation but of 8. dayes for the dispatch of the Letter to Presbyteries and that to the most part of Presbyteries it might have soon come and but of 20. or 25. dayes interveening betwixt the diet of the Assembly and the elections in most parts of Presbyteries If the custome of dispatch had been by pasts hired and dispatched to severall parts immediatly after the writing of the Letter and making of the Act it might have come to the most part of Presbyteries in 8. dayes but so it was not neither in the 48. nor 51. but by occasionall bearers and therefore would take more time and I think it is said gratis that few Presbyteries do make their elections 20. or 25. dayes before the Assembly but there is no sure way of determining these differences about circumstances of time when neither the one nor the other Letter came to Presbyteries but from the Presbytery books and therefore to these I do appeal to stand or fal in this matter at their sentence only remembering this that it is clear that the date of the Letter and Act of the Commission 48. is but five weeks before the Assembly whereas the date of the other is 7. weeks before the Assembly VINDICATION THe third Consideration presented by the writer of this Paper is that before the writing of that Letter by the Commission 48. the whole Kirk of Scotland almost in all the Presbyteries and Synods thereof had declared themselvs in conscience unsatisfied with the engagement excepting a very few Ministers scattered here and there in Presbyteries which few were also known to be opposites to the work of God or neutralls and indifferent therein from the beginning Answer 1. If by the Kirk of Scotland be here understood the collective Kirk I cannot see how it is true that is said here that the whole Kirk of Scotland for the most part except a few Ministers had declared themselves unsatisfied with the engagement certain it is and too certain that very many in the Kirk of Scotland in this sense of all ranks in all quarters almost were too evidently too active for it as the censure civill and Ecclesiasticall which thereupon followed do witnesse if the Ministeriall Kirk be understood it is true that the far greater part were dis-satisfied but yet they were not so few Ministers that were of a contrary minde they were too many and in some places the greater part of whole Presbyteries It may well be remembred what a summe they were like to have accompted to at the time of the Generall Assembly and it seems to me too much that all of them were either opposers of the work whether hereby be understood the outward work of Reformation or the power of Religion or neutrals or indifferent from the beginning the contrary is known of some of them and I would not say so much of all them that were censured though I acknowledge their censure was just 2. A great part of the Kirk of Scotland before the writing of the late Commissions Letter had declared themselves satisfied with the Commissions Resolutions and dissatisfied with the course of the opposers thereof and count when the writer will he shall find that the dissenters from the Commission 48. were not fewer yea not so few as the dissenters from the Commission 51. we know that the number of these amounted to at their greatest Meeting at _____ of late and howsoever moe of these then of the first be godly men and had been more faithfull in the Cause formerly yet their present course at that time being not faithfulnes to the Cause but prejudiciall to it and the whole Kirk and Country both they might justly have been referred and called before the Gen. Assembly to give an accompt of their way as wel as the former were though they be more tenderly dealt with as to themselves was evidently seen in the whole progress with them and was also really apparent in the very Act and Letter of the Commission REVIEW I Think the Author did well enough know that in setting down of the third Difference the Writer did not mean of the Collective but of the Ministeriall Church of which not only the greater part but almost all had declared themselves unsatisfied in Conscience with the Engagement excepting a few Ministers scattered here and there in Presbyteries who were known either to be opposers of the Work of God or neutrall and indifferent therein from the beginning it is true they were too many in regard of the evill course they were engaged into yet were they but few in number who did not at that time in some outward way at least give some
as the Remonstrants had done And therefore these Ministers accused by them could not be held as under scandal of Schism or Presumption thereof until the Points in Controversie were tryed Whether the Remonstrants Tenents were Erroneous and of what consequence and importance they were and until then the Remonstrants Challenge of Schism against them could not be reputed but a meer Alleadgance I know other things were Answered to this Reason of that Protestation by the forrain Divines from the Members themselves in Controversie betwixt the one and the other but it may be evidently perceived in sundry of their judgments upon that Protestation that they had all one Eye to this that we have said Hence is it that of the judicious Brittain Divines in the second Branch of their Answer to that Accusation Constat haec Synodus ex personis nulla censura Ecclesiastica notatis nullo publico aut legitimo judicio de Scismate convictis unquam aut condemnatis Protestatio autem Remonstrantium facta in contrarium vim latae sententiae habere non debet And that of the Nasâ—ean Divines Est veneranda sancta haec Synodus Congregata in eum finem ut doctrinam Remonstranium propositam defensamque audiat ad Dei verbum probe examinet de ejus veritate vel falsitate pronunciet eousque igitur sententiam de scismate ejusque authoribus suspendendam esse sentiamus So say we The many businesse of the late General Assembly was to Hear Try and Examine the Proceedings and Resolutions of the late Commissioners whether they were conform to the Word of God the Covenant and Constitutions of this Kirk and what could be said for or against them and therefore until then was the matter of Defection objected against them to be suspended From all this that hath bee said it is evident That seeing the Assembly was to go about the Tryal of the Commissions proceedings with all convenient expedition it is no wayes a relevant exception against the Freedom and Constitution of the Assembly that they were admitted to sit as Members notwithstanding the Exception that was alleadged against their sitting And as for the same Objection it was so far from sticking upon the Protesters themselves at first That Mr. Andrew Cant with the good-liking of all of them so far as could be perceived did put Mr. Robert Blair and Mr. William Ret upon the List of Moderation and sundry of them gave their Vote to Mr. Robert Blair To be Moderator Let be to fit as an ordinary Member of the Assembly REVIEW THis Instance which the Author gives of the Belgick Remonstrance in their Protestation against the Synod of Dort is quite differing from our case in severall respects First The hypothesis that was in question betwixt the Remonstrants and the Anti-Remonstrants whom they desired to be removed out of the Synod as they were determined in the Confessions and Catechismes of the Belgick and other Reformed Churches So did the Anti-Remonstrants which were Members of that Synod adhere to these determinations and were willing that their Doctrine should be judged thereby whereas the Remonstrances did decline the Doctrine of the Belgick and Reformed Churches in their Catechismes and Confessions and do require it as one of the Conditions of the Synod that every man should give his oath that he should have no regard in this businesse to Confession or Catechisme but onely to the Word of God as appears from their own words which be these Ideoque quisque sub fide juramenti coram Deo sanctè praestandi promittat se non respecturum in hoc negotio ad Confessionem Catechismum aut ullum aliud humanae authoritis scriptum scriptoremque sed ad solam Scripturam quae pro solâ fidei norma haebetur But the Commissioners of the Generall Assembly as they do deny their resolutions to have been formerly determined by this Church and so upon the matter do handsomely decline to be judged in these things by the Acts thereof as not being quadrant to their case So do they cry out upon the opposers of Publick Resolutions for citing these Acts so often against them and for insisting so little upon the Word of God which they call for as the onely rule whereby they will be judged in these things to be determined by former Assemblies so were they most willing and desirous that they and the Commissioners in their judgments and actings upon these things should be judged thereby Secondly The Remonstrants did accuse the Anti-Remonstrants of Schisme and as Schismaticks most unjustly of which we shall give the reason in the words of the Brittain Divines then in the Synod Quia ipsi remonstrantes recedendo à doctrinaÌ„ cemmuniter recepta initium causatio hujus separationis extiterum nam veritas habetur quod â primordio in Ecclesiâ aliquâ traditum receptum fuerit erpor reputatur quod postea inducitur donec habito legitimo examine Judicio contrarium concludatur quo etiam accedit quod illi dici non possunt a doctrinâ Remonstrantium recessisse quod in schismate praesupponendum est qui illam nunquam receperint sed ab initio sibi propositam rejecerint condemnârint words worthy of observation in order to the whole debate upon the Publick Resolutions but these who did except against the sitting of the Commissioners in the Generall Assembly upon their making defection from the Cause and Covenant did it justly because of their departing from the received Doctrine of this Church and the bringing in of new and strange Doctrine in that point which the other offered to verifie Thirdly The thing which the Remonstrants did desire was That the Anti-Remonstrants should be removed wholly out of the Synod and be set to the Bar to answer as guilty of Schisme and as Parties against the Remonstrants in this business and hence are these sentencet of the Britain and of the other Divines which are cited by the Author But the thing desired by these who excepted against the Commissioners was not that they should be removed wholly from the Assembly or holden as guilty before tryall but that their sitting in the Assembly might be suspended untill it were tryed whether they were guilty yea or not and therefore the Author in citing and expounding these sentences as he doth hath not onely done wrong to the Protesters but also to the constant received Order of this Church in the constitution of her Assemblies because if these sentences be exponed not onely against the removing wholly out of the Assembly but also against the removing of them for a time till they be tryed then have all the Assemblies of this Church followed a wrong method who did ordinarily upon exceptions proponed remove sundry of their number though they were not as yet convicti nor condemnati and though they did suspend their sentence about removing of them wholly yet did they not suspend their sentence about removing them for a time untill the exception should be
Commissioners might have been and was indeed not given by these Proceedings of themselves but caused and born upon them by the information and mis-representation of them by some of the same persons who are the alleadgers and accusers and will be made good before any impartiall judge in the world by a right information and discovery of the Proceedings themselves and of the practisings of the accusers against them and therefore this can be no argument of the Commissiones being under scandal 4. There were more testimonies by very far from Presbyteries and Synods for them then against them and these testimonies given against them were really and in themselves scandals tending most evidently to the exposing of the Kingdom and Cause to the power of the invaders whereof the invaders themselves were very sensible and for that cause were some of the testimonies sooner put in their hands then communicate to the Commissioners and they in thankfulnesse was very carefull to cause Print them The third particular is a poor mans argument the begging of the very principal Question and this very begged Question is the onely main sum of this whole Paper repeated over and over again this the Assembly was to try and examine and till it was tryed a nay-say was good enough answer to this Affirmative 6. The Brethren who in the Assembly offered to prove the alleadgance were some of the same who had been chief in spreading the testimonies and bearing the offence upon the godly and had defamed the Commissioners and were interessed to have had them noted as under scandall it s against all equity that for the accusation of such they should have been reputed scandalous It was a word of Justice uttered by Haman otherwise wicked Julian the Appostate Quis innocens esse poterit si accusare sufficat REVIEW THe Author doth handsomely wave many things in the Writers Paper that are of importance and I think his Readers will do him no wrong to take for granted in that Paper what he doth not answer nor contradict What is there set down clearly and at large by the writer out of the Acts of the Gen. Assembly he turns off with a few words 1. He tels us it had been good that the writer had set down the very Acts which are cited in their full and formall words because every one are not keepers of the Registers nor have not Coppies of them beside them that it might have been seen whether they mean that all persons against whom any scandall is alleadged should be removed even before the Assembly be Constitute into a Judicatory To which I Reply that these Acts even in the full and formall words thereof were offered unto him others at the Meeting at S. Andrews under the Clerks hand and they would not do so much as daigne themselves to hear them or to read them or to collation them with the Principle Registers which they then had in their power but are now delivered into the hands of the English or dispersed I know not whether But are not the citations for the matter clear and home to the point If the Author think there is wrong done in any of them I believe if he will call to the Clerk of the Assembly he may yet find the means to get him the double of the very words of the Acts asserted under his hand It is true that every one is not a keeper of the Registers nor hath Copies of them besides us But shall they not therefore be trusted who are keepers of them or have Copies It had been belike good for the Church of Scotland that the Author some others who have been so actively instrumental for the Publick Resolutions had been keepers of the Regiâ—ters or haâ— had Copies of them beside them then haply knowing these things more perfectly they should not have walked so crosse therto in their late Proceedings nor have questioned them when they are cited It is certainly a thing blame worthy in not a few Ministers of the Kirk of Scotland that they are too great strangeâ—s to the Acts of Assemblies of the Kirk which is a fault so much the greater because there was no lack of opportunities these 14. years to have acquainted themselves therewith and to have had Copies of them besides them The Acts are vailed with no such mist as the Author would cast upon them either in the first particular which he mentions whether they mean all persons against whom any scandall is alleadged should be removed even before the Assembly be constitute or in the second that it cannot be meaned by them that alleadgance of scandals against persons should be cause to remove unlesse the scandall were clear and unquestionable for the point de jure they speak clear home that at the entry of every Assembly their first work shal be the trying and purging of all their Members and men are appointed to be charged in Gods behalf to declare their Conscience tonthing their Doctrine life and execution of then Officers if therein they be scandalous and that any to whose charge any thing is laid ought to be removed out of the Assembly tiâ—l this cause be tryed and that if he be convict he may have no voice untill the Kirk receive satisfaction Here is no distinction of questionable hypothesis nor allowance to him to sit before the tryall of his cause but when any other of the Commissioners to the Assembly charges him with any thing in his Doctrine life or execution of his Office he is to be removed till it be tryed But saith the Author it is not clear that this is to be done before the Assembly be constitute into a Judicatory which was the thing pretended by the Protesters and because not done was the cause of this quarrell This is clear that they are to be removed immediatly after they are charged with any thing untill they be tryed which was the thing refused by the Assembly and therefore if the objection be moved before the constitution they are to remove before the constitution of the Assembly 2. It is clear that this is appointed to be their first work at the entry of every Assembly and if any would say That the Assembly must first enter by being constitute I give these two things for clearing that it is meaned before the constitution First because this Act and practice which concerns the purging of the Assembly from scandalous persons is previous in time to the Act and practice of choosing a Moderator as will be obvious to any who looks upon the Records 2. Because it hath been the constant practice in all the Assemblies of this Kirk from the very first Reformation to propone exceptions of scandall and to remove persons upon proponing thereof before the choice of a Moderator as also obvious in the mindâ—s almost of every Assembly and cannot but be known to the Author and all such as have been frequenting our Assemblies and observing the order thereof and
saith this conceit hath great appearance of reason are of that sort of arguments that Arristotle calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 id est That hath appearance but not solidity id est That Kirk Judicatories have no power for destruction but all their power is for Edification he might have taken a large subject to his denunciation even all Judicatories both Civill and Ecclesiasticall for no Civill Judicatory nor Judge nor Magistrate more then Ecclesiastick hath his power 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 id est morall power for destruction but all is for edificatication in their kind viz for the preserving and procuring the good and safty of the people which is suprema lex by just acts Is then that a good consequence an Assembly that maketh destructive Acts is null then it s as good a consequence a Parliament that maketh destructive Acts is no Parliament and a King that maketh destructive Acts is no King The truth is an Assembly that makes wrong Acts dissenting from the rule it should walk by Acts not as a lawful Assembly should do nor are these Acts made obligatory or to be obeyed but yet for all that it may be a true and lawful Assembly as to the essence and being of an Assembly and having lawfull authority as the Parliament 48. in carrying on the sinfull Engagment and many Acts destructive to the Commonwealth and to the ends of Parliament which people thought themselves not oblieged to obey and were afterwards condemned and yet that Parliament was never denyed to be a lawfull Parliament It was a distinction at that time common and uncontradicted and for my part I cannot see a reason why it should not have place in relation to an Assembly that the acts of it may be unlawfull and yet it self an lawfull Assembly The other reason is never a whit more to the purpose more then the former for to let that pass which he saith in the antecedent that whatever power Commissioners of a General Assembly have it is by Commission from c. which deserves examination and if he mean that Commissioners sitting together and voting in a Generall Assembly have only a delegate power and deputed power subordinate to Presbyteries can hardly be reconciled with sound Doctrine concerning Church Government yet supposing it to be so no more follows but that in such acts as the Assembly makes contrary to the limitations and rules contained therein they may get no obedience and that such acts may be declined and Protested against and indeed the Writer himself in his consequent infers no more but this much for getting in so short bounds what he had proponed as the point to be proven for these are his very words For in so far as they do any thing contrary to this in so far they may be declined as having no power or authority in doing such things Which what is it else but what we have said But it doth not follow that because they make acts contrary to the limitation of their Commission therfore the Assembly may be declined and protested against absolutly as not having the being of a lawful free Assembly just as because the members of a Parliament have all their power by Commission from the people of the Land Commissioners of Shires from their Shires and Commissioners of Burghs from their Burghs by a temporary election as I humbly conceive Noblementâ—â— by a kind of election heriditary from the Commonwealth they are limited to the laudable fundamental lawes of the Kingdome and unto the common principles of Justice it followes well that if they make acts contrary to these they are not obligatory unto obedience and in so far they may be protested against But it doth not follow that therefore the Parliament that makes them may be absolutly declined and Protested against as no lawful or free Parl. I know there are many differences between these Judicatories in other things but I think the Writer shall be hardly able to let us see a reason why the paralel of this should not hold good This is it that takes away the force of the second ground for proving the point that was intended however the impertinency of this second ground as to the point it was intended for is discovered before and I hope by what hath been said it is sufficiently evidenced that the Writer hath brought no new considerable reason for the nullity of the late Assembly as to the being of a lawfull free Assembly even suppose sundry of the acts and constitutions were wrong upon the matter which yet is not granted and he should have proven and not nakedly affirmed but hath brought disadvantage to himself and the Protestation REVIEW THe Writer is not positive in delivering his own judgement upon this point that is here so much insisted upon by the Author but onely saith that it is the opinion or conception of some with much appearance of reason and therefore upon supposall that this opinion were not well grounded he hath brought little or no disadvantage either to himself or to the Protestation in alleadging the same yea I believe he will take it for an advantage to have the Truth discovered unto him either in this or any other particular For my part I am loath neither do I intend to fall upon the debate of this question or to deliver my judgement positively therein because if I be not mistaken it is a thorny question and full of difficulties on both hands yet I cannot but take notice of some things that are set down by the Author in his large Answer to what was said shortly by the Writer First He tels us that the Writer doth but affirm that the Acts and Constitutions of the Assembly are wrong and that his saying is not to be holden for sententia lata nor is it an Oracle None speaks Oracles but God and the Writer takes no more upon him but to speak his opinion as a poor weak man but I believe the Author knows that it is not only the opinion of the Writer and of the Protesters and of such Ministers and Professors as are unsatisfied with the Constitution of the Assembly but also of many others even of not a few of those who were no opposites to the Publick Resolutions I have hitherto met with few or none in estimation for Piety and Godlinesse that doth justifie and professe their adherence to all the Acts of that Assembly as things tending to Edification and promoving the work of Reformation in the Land and seeing he is pleased to make bold with others I think he will not offend if I appeal his Conscience whether he thinks these Acts of that Assembly that do relate to the censuring of all Ministers Expectants Students Elders and Professors who do not acknowledge the Constitution of that Assembly and submit to the Acts thereof such Acts as in themselves tend to the furthering of the work of Reformation and advancing of Piety and Godlinesse in the Land Next I take
Commission that the Writer layes weight The Authors similitude of the Parl. and Ass is answered already and shewn what maybe conceived by some why the paralel holds noâ— though as to this point the difference betwixt him and the Writer seems not to be so wide as he would give out His conclusion is That he hopes that by what hath been said that it is sufficiently evidenced that the Writer hath brought no considerable reason for the nullity of the late Assembly even supposing sundry of the Acts and Constitutions thereof were wrong upon the matter he should have said supposing the most of all its Acts and the most materiall of them to be wrong upon the matter for so it was supposed and affirmed by the Writer and upon the supposall the Author should have told his judgment upon the point The reason may be considerable enough and such as brings no disadvantage ether to the Writer or to the Protestation for any thing that is yet said by him for infringing thereof yea I wil assure him that it is most considerable weighty in the hearts of most part of the godly in the Land who do not stand so much to dispute and debate Legal forms as they do look to Acts of the Assembly and to what good or what ill is done by them for promoving or hindering the Kingdome of Jesus Christ and the good of souls where they see not godlinesse advanced and the hands of the godly strengthened and their hearts made glad but a wound given to Piety and the hands of the wicked strengthened and their hearts made glad it is not externa species autoritatis to use the words cited before nor any thing that is in that or can be said for it that will conciliat respect and authority to Assemblies in mens consciences and if there were no more in the late Assembly at S. Andrews and Dundee but the loosing of authority in the consciences of the godly in the Land by thâ—iâ— wrong Acts it is that which concerns the Author and others who had hand in these Acts exceedingly to think upon VINDICATION THe other passage we would speak a word to is his Answer to the last Objection He saith To make an Act appointing such as decline a Generall Assembly to be summarly excommunicate were either to suppose that a Generall Assembly could not be wrong constitute or could not erre in their proceedings or else suppose they should be wrong constitute and erre yet they ought not to be declined and proteâ—ted against both of which are equally absurd There he saith That the Act of the Assembly 1582. alleadged for that purpose is grosly mistaken it being nothing against declining unlawful Assemblies he is as grosly mistaken while he insinuateth that such as speak for the late Assembly do mean that such an Act should be against declining any Assembly lawfull or unlawfull 〈◊〉 but against appealing from a lawfull Assembly to the Civill Magistrate and then closeth that from these things it may appear how unwarrantable the Meeting at Dundee it must be still for ought he hath alleadged the General Assembly at Dundee did upon alleadgiance of this Act fall in debate of the summary excommunication of these who had protested Any debate that was in the Assembly was no great or long debate upon that matter and it was not so much out of any purpose or desire to do it as to finde out what they might have done by the Constitutions of this Kirk if they would have minded severity of censure neither was it that Act of Assembly 1582. so much that they looked to as the Authority of the solemn Assembly of Glasgow 1638. which in the sentence of Excommunication against the pretended Bishops and making there protesting and declining of that Assembly one of the causes of their excommunication which by the acts of Assembly is censurable with summary excommunication whether it doth mean that act 1582 or some others could not be gotten tryed at Dundee for want of the Registers then in the Basse but such respect was had to the authority of that grave Assembly that the truth of the relation made by it was not questioned so that all the absurdities alleadged here by the Writter strikes as wel against that Assembly as against any man that alleadgeth such an act and the Assembly at Dundee supposing themselves to be a free lawfull Generall Assembly alleadged no other ground in falling upon debate of that matter then which the Assembly of Glasgow alledged and the Assembly of Glasgow saith there hath been such an act made by a Dilemma he is in a great mistake himself for considering that the act appointing such to be summarily excommunicate who c. is intended onely against protesting against and declining of a General Assembly not in any particular act or acts thereof which we confess may be protested against but against the very being of it as null in it self and having no authority there is no necessity either of the one supposition or of the other following upon it not of the later for the act we speak of saith that decliners of a Generall Assembly should be excommunicate but an Assembly wrong constitute and erring both or only wrong constitute is no otherwise an Assembly then a painted man is a man nor yet the former for I shal give you a third it supposeth a Generall Assembly rightly constitute and not erring de facto though not altogether infallible in it self or rightly constitute in all things belonging to the being of a free and lawfull Assembly though it may be erring in some particular Acts and ordains excommunication to be the censure of these that declineth and protesteth against such an Assembly I mean as to the very being of it Truly this dilemmatick argument of the Writers have been made aswell against that Act made by Jesus Christ Math. 18.17 He that neglecteth to hear the Church let him be as an heathen or publican id est Excommunicate For I suppose this canon comprehends not onely such persons as having offended against particular Brethren comes by degrees of processe before the Church but also such as should offend onely immediatly against that Church it self 2. It is propounded in generall termes without any express distinction or limitation he that neglects to hear the Church let him be excommunicate Just as this he that declines a Gen. Assemgly let him be excommunicate Might not then those that heard that canon first propounded reason it just as the Writer doth here if his argument were good to make such an one as that is unreasonable For it were to suppose either that a Church cannot be corruptly constitute and did erre yet that it ought not to be disobeyed or declined but the argument had been a Cavillation for neither did follow necessarily to be supposed there was a third a Church univocally so called id est a Church right constitute and doing dutie though not unerrable in it self REVIEW THe
summarily excommunicated denyes that ever the Church in any of her Assemblies made any such act in so generall and unlimited termes and he gives this for a reason of his denyall that from hence it will follow either that they thought that an Assembly could not be wrong in its constitutions and could not erre or else that though wrong in constitution or erring that they could not be protested against both which he saith is absurd To this the Author answers that considering that the act appointing such to be summarily excommunicated is intended only against protesting against and declining of a Generall Assembly not in any particular acts or act thereof which he confesses may be Protested against but against the very being of it as null in it self and having no authority there is no necessity either of the one supposition or of the other following upon it not of the latter c. But first to passe by that he seemeth in all this debate to suppose that there is such an act in so generall and unlimited termes which I believe shall not be found nor doth the words of the act of the Assembly 38. say or suppose any such thing It deserves consideration which he saith that that act concerning the excommunicating such as protest against or decline an Assembly is intended onely against those who protest against the being of an Assembly and not in any particular act or acts thereof because as the Writer told him the act 1582. which is the onely act relating to that businesse so far as I know or can be informed by these who take most pains in the Records of the Assemblies is not anent declining Assemblies in their being and constitution but against appealing from lawfull acts of lawful Assemblies to the Civill Magistrate in Ecclesiastick causes for stoping of Ecclesiastick Discipline Secondly though an Assembly wrong constitute and erring both or onely wrong constitute be no otherwayes an Assembly then a painted man is a man that it is not really or truly but seemingly only yet it being seemingly an Assembly it gets ordinarily and in common expression that denomination and as a painted man drawen by the hand of a cunning Painter may deceive these who have not discerning eyes and be taken for a true man so an Assembly wrong in the constitution and acts or in the constitution onely may by the vermilion of fair pretext put upon it passe with many for a true Assembly yea in ordinary way of expression an Assembly which hath any thing of the colour or shadow of the being of a lawfull and right proceeding Assembly is called an Assembly though wrong in its constitution or also erring in its acts and therefore to have said simply in an act that decliners of a Generall Assembly without any qualification lawfull or unlawfull erring or unerring or any thing in the act insinuating or expressing the same should be excommunicated it would follow that though an Assembly should be wrong constitute and erre in its Proceedings yet it could not be declined As to the third to passe by that the Generall Assembly at St. Andrews and Dundee is none of these Assemblies but an Assembly wrong both in its constitutions and in its acts The Act if it were so generall as that cited and answered by the VVriter it would suppose more then any of these to wit a Generall Assembly which is onely such nomine tenus and secundum apparentiam in regard of its constitution and a Generall Assembly right upon the constitution and erring wholly even in the thing of greatest consequence upon the matter as to this simile of his brought from the words of Christ Math. 18. It doth not hold because Christ never maintained it to be unlawfull to decline any Church true or false as these whom the VVriter speaks of in his objection The truth is that the VVriter meant of propounding and answering that objection to remove a gross mistake that hath been ordinary in the mouths of many that a Generall Assembly could not be declined nor protested against because of an act of an Assembly appointing such to be summarily excommunicate which in the common construction that past upon it was so expounded that whosoever upon whatsoever ground did protest against a Generall Assembly of this Church or any of the acts thereof right or wrong were by the acts of the Assembly summarily to be excommunicated which mistake the VVriter studieth to take off by holding torch the absurd consequences that would have followed upon such an act as that thereby to make it appear that there is no such act in so absolute and il-limited termes as will reach these who protest against Assemblies wrong in their constitution or also erring in their acts and this being gained he hath all that he did intend to prove and hold forth in this particular Conclusion of the VINDICATION HEre I leave the Writer with these additionall reasons and leaves all that hath been said hither til to be impartially pondered by the Christian Reader and accordingly judged of The Father of Lights give unto thee and all his servants and people in the Land Wisdome even that which is from above pure and peaceable REVIEW THe Author hath been pleased to leave the VVriter here with his additionall reasons and other things contained in his answers to Objections but if some of good judgment be not mistaken he hath done it to the disadvantage of his cause because he hath left him with many things that were brought by him in that Paper of additionall reasons unanswered I shall not say what some have said that if the things in that Paper which the Author hath not answered hold relevant and true they would go far to justifie the Protestation and annull the Assembly albeit all his answers to the things which he hath taken notice of had not been satisfyingly taken off but I confess that I do somewhat wonder that the Author having taken so much pains to contend with no small earnestness and at length about many things that are in the by and things that are of no such consequence in the cause should yet passe in silence not a few things of importance contained in that Paper which did more concern him to have answered I shal say no more but wishes the Lord graciously to appear in the convincing and comfortable determination of this question to all his servants and people in this poor desolate and distracted Church that our bruise which is sore and our wound which is incurable may be bound up and healed by his hand who hath smiten us in his wrath because of the multitude of our iniquities To the praise and glory of his free Grace in all the Churches AMEN FINIS 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
first thing the Author takes notice of in his Answer to this Objection is that which is said by the Writer that the Act of the Assembly 1582. alleadged for the summary excommunication of these who decline the Gen. Assembly is grosly mistaken it being nothing against declining lawful or unlawful Assemblies to which he retorts that the Writer is as grossely mistaken whilest he insinuats that such as speak for the late Assemdo mean that such an Act should be against declining any Assem null or unlawfull Wel then supposing the Writer to have been grosly mistaken in the writing of such a thing and that a wrong constitute and erring Assembly or onely wrong constituted is no otherways an Assem then as a painted man is a man as the Author speaks afterwards and that the Assem at St. Andrews Dundee is but an unlawful Assembly wrong in the Constitution as is proven and erring in its Acts then might it warrantably have been declined and protested against notwithstanding of that Act 1582. or that Act 1638 or any other act of any of the Assemblies of this Kirk as the six corrupt Assemblies upon the same reasons upon which they were afterward repealed might in the time when they were sitting have been warrantably protested against as some other Assemblies which are instanced by the Writer and past by the Author in silence were protested against and so all the debate that was in the Meeting at Dundee for making use of these Acts against the Protesters was groundlesse and without warrant But the Writer is not so grosly mistaken as the Author gives out because it hath past current and doth still stick with not a few that the Acts of a Generall Assembly could not be protested against much lesse the Constitution thereof though culpable and wrong and the Author himself seems to come near the borders of it That an Assembly cannot be well protested against in regard of its constitution though wrong when in the same Vindication where he comes to weigh the reasons whereupon the Protestation is built he saith That where a Generall Assembly it self is protested against as unlawfull and having no authority who sees not how sad the consequences most readily be in that Kirk hardly can it by any outward meanes but turn to a fixed schisme which thing godly orthodox Christians in all ages of the Kirk have detested and abhorred choosing rather ever to tolerate great offences which they did see but could not amend then to divide the Church of Christ I know that he may say that he means not here of an Assembly wrong in its constitution but if so what commodious sense in reference to that which he is speaking of to wit protesting against a Gen. Assembly will he put upon the rest of his words concerning godly mens tolerating great offences rather then to divide the Church an Assembly right in its constitution is no offence much lesse a great offence He doth not deny that there was a debate at the Assembly at Dundee concerning the summary excommunication of these who had protested but tels us that it was not great nor long If some who were present may be believed it was prosecuted by sundry with a great deal of earnestnesse and forwardnesse and though the Author if I mistake him not was none of the prosecuters of it yet it seems by his Vindication that his judgement is That they might not onely have debated it but also have done it by the constitutions of this Kirk if they would have minded severity of censure but it would have contribute somewhat for clearing of the Assembly in that debate and for satisfying of others anent his judgement upon the point if he had brought any act or constitution of this Kirk that would have born the weight of summary excommunication against the Protesters for the Writer hath made it clearly to appear that neither the act 1582. nor the act 1638. doth at all meet with the Protesters case and the Author hath replyed nothing to the differences of the cases and therefore they may be still taken as granted what act the meeting at Dundee did in their debate look unto whether that of 82 or that of 38. themselves best know but if it was the Act of the Assembly at Glasgow as the Author saith upon which they had their eye the Writer hath shewed how that could not with any shadow of reason be applyed to this case The dedeclinator of the Bishops 38. striking at the essentiall constitution of the Government and against the rule it self and that of the Protesters acknowledging the government and the rule and protesting onely against the constitution because not agreeable to the rule It seems that all that they had their eyes upon was that they found in the act of Glasgow that protesting against and declining of the Assembly was by the acts of this Kirk censurable with summary excommunication but should they not have found what the acts were and whether they were applicable to the present case The Author grants that it could not be gotten tryed whether it doth mean 1582. or some others for want of the Registers which were then in the Bass I shall not say that this is some evidence that the members of that meeting were not very well acquainted with the acts of the Assemblies of this Church and that it had not been much amiss for them to have read and perused these acts of Assemblies which were offered unto them a little after their down sitting under their Clerks hand concerning the Publick Resolutions If my information fail me not a good part of the Registers particularly the great Book of the old acts of the Assemblies in which that act of the Assembly 1582. is insert was then in Dundee in the hand of their then Clerk who took some pains to find out that act but could not fall upon it It may haply seem strange to some that because they found these words which to wit declining and Protesting against the Assembly by the Acts of the Assembly is censurable with summary excommunication in an act of an Assembly at Glasgow that they will have such respects there to without looking upon these acts or considering their grounds or extent thence to infer that these acts were applicaple to this case this were to defer more respect to the authority of that grave Assembly then was fit or they themselves would have taken with if they had been sitting for they did nothing without viewing and perusing the Registers themselves and proving and clearing every thing thereby that they did alleadge therefrom which Vindicates that Assembly sufficiently from the absurdities here alleadged by the Writer against these who alleadged such an act The Author thinks that the Writer is in a great mistake in his dilemma but let us see what his mistake is The writer answering a common alleadgance that there is an act of a Gen. Assembly appointing such as decline the Assembly to be