what further Reasons shall have weight for shewing the nullity of this Assembly and the unwarrantableness of the proceedings of the Commission of the former Assembly And that these Presents may be put upon Record by the Clerk in the Regesters of the Assembly to be extant ad futuram rei memoream and that we may have subscribed Extracts thereof under the Clerks hand This following Paper was inclosed in a Letter from the Lord Wariston to the Meeting at S. Andrews which Letter although it could not be gotten printed yet we have published the inclosed both because it tendeth very much to clear That the way of protesting against every encroachment upon the liberties of this Church is no new thing but hath been the constant practice of our faithful Predecessors from the beginning of the work of Reformation And also because it doth contain a particular Testimony against the Ratification of the Paper given by the Commission of the Kirk to the Parliament anent the confinement of the Ministers of Sterline and of all other Papers prejudicial to the Covenant and Cause of Jesus Christ The Paper inclosed within the Letter containing a Narration of some former Protestations with My present Protestation subjoyned thereto ANent the Protestation it may be remembred that the Doctrine and Discipline of the Kirk of Scotland sworn to by the Covenants is clear anent thâ—s Râ—ght and Priviledge acknowledged even by King and Parliament That none of her Pastors can be judged or troubled by King Councel or Parliament for their preaching and Ministerial Duties â—nless the Assemblies of the Kirk the onâ—y competent Judges thereof had first cited tried and censured them therefore and had upon their disobedience craved the concurrence of the Civil Magistrate for clearing whereof remember that this having been mightily debated betwixt the Kirk and the State it was not only thereupon maintained and declared by the General Assembly in 1581. immediatly after ratâ—fying the Book of Discipline and swearing the National Covenant but also is acknowledged by the King and the Councel in the Case of Mr. Walter Balcanquel who had been challenged for a Sermon as seditious thereafter in the Assembly 1582. John Dury being challenged by King and Councel for his Sermon as seditious and being advised by his friends to retire and seeking the Assemblies advise seeing his Doctrine accused to the Councel was justified by his Presbytery and Session he was directed to the Assembly to abide rather the charge of Horning and Caption and give his testimony against their Procedor then privatly to retire And the whol Assembly gives in their Grievances to the King and to the Estates complaining that this their Procedor is one erection of a Popedome in the Kings Person and a wronging of Jesus Christ the only King of the Church wherein the spirits of the Prophets are subject to the Prophets and a confounding of the Spiritual and Temporal Jurisdiction which God hath divided Thereafter when the first Act of the Eighth Parliament 1584. giving power to the Kings Councel to enquire and examin anent these things was proclamed it was protested against by the Ministers of Edinburgh in the Name of the Kirk of Scotland who in that hour of darkness was put to Banishment and thereafter Mr. David Blake and Mr. Andrew Melvin being cited for their Doctrine before the King and Councel declined from both and entred a Protestation and in the Gen. Assembly June 1587. the King the Estates in the case of M. John Couper and Mr. James Gibson Ministers acknowledged the Assembly to be the only competent Judges and desires them to try and judge And such like thereafter in the case of John Rosse in the Assembly 1594. and the King and Parliament 1592. in end of the first Act which is anent Assemblies Repealed the foresaid Acts 1584 in so far as they were prejudicial to the Priviledges which God hath given to his Spiritual Office-bearers in His Church The Assemblies 92. and 94 95 96. gives most free admonitions to the King and Estate to abstain from such Procedors lest they commit High-Treason against Jesus Christ the only Monarch of His Church for whom they behoved to fight by the Spiritual Armor granted to them of God and potent in Him for overthrowing all strong holds and bulwarks set up against His Kingdom amongst which it was a main one to have the freedom of the Spirit of God in the rebuke of sin restrained in the mouth of His Servants and to extinguish the light which would shew the unlawfulness of their proceeding and stop under the name of vice of stirring up sedition and tumult the liberty of preaching When Mr. John Craig and Mr. Andrew Melvin were threatned for their Declinator and free speech against the Acts 84. by Chancelor Arrane at the Councel-Table with stobbing they instantly unloosed their Buttons and laid their Breasts open and bare saying They durst receive if he durst strike and then publickly fore told the Judgment which God brought to pass upon him shortly thereafter And Mr. Nichoal Daglish spoke no less resolutely when the Scaffold was erected for him and so did Mr. Welsh and his collegs 1606. both when they declined and protested against the King and the Councel and when they were panold and condemned at Lithgow I need not insist on the large Declaration and the Reasons thereof emitted in this very point against the States proceedings by the Grand Commission of the Assembly 1596. appointed on purpose Ne quid detrimenti Ecclesia capiat Nor yet to insist on the Fourth Act of the Parliament 1640. anent the Assemblies determining all Ecclesiastick matters Nor the Sixth Act Rescissorie which establisheth that of the 92. c. And in the end rescinds all Confinements Banishments Deprivations made in the times of defection which Two Acts were ratified in the large Treaty Neither need I to remember the end of the Kings Oath prescribed in 1567. and sworn by his Majesty lately at his Coronation Nor the beginning of the Parliaments Oath Nor one of the main Articles of the late Treaty with this King anent the Determination of matters Ecclesiastical Neither need I transcribe the three last Leavs of the Commission of the Kirks Vindication of their proceedings from the Parliaments Letter May 11. 1648. which speaks fully to this point Neither need I transcribe the sixth Page of the Committee of Estates Observations upon the Assemblies Declaration 1648. wherein they claim power to challenge Ministers for seditious Doctrine Whereunto the Commission of the Kirk in their Reply page 14. say That the judgment of Ministers Doctrine belongeth to the Judicatories of the Kirk both by Divine-Right and by the Law of the Land and we hope your Lordships do not intend under colour of quarelling sedition a new way of judging and trying Ministers Doctrine nor to assume to themselves the exercising of the same Power over all persons of whatsoever state degree function or condition they be of in all matters
or both Lithgow 1606. first second Glasgow 1610. first Session 3. Many voters as Judges having no Commission from the Kirk Lithgow 1608. only 22. men Officers of State Counsellers Barrons and Bishops Glasgow 1610. 30. Noblemen and Barrons beside the pretended Bishops Aberdeen 1616. 25. Noblemen Gentlemen Perth 1618. 19 Noblemen and Barrons 11 Bishops 4 Many Supernumerary Commissioners for Presbytries Burroughs in sundries of them 5 Threatning of Commissioners to vote as the King would Glasgow 1610. 3 Perth 1618. with the wrath of Authority Imprisonment Banishment Deprivation of Ministers utter subversion of the Estate yea that whether reasoning or number of votes should carry the matter Bribing of Commissioners Glasgow 1610. 3 5 7. no election of a Moderator but usurpation of that place by the Bishops Aberdeen 1616. Reas 1 Perth 1618. 2. 8. No Ruling Elders sent from Presbyteries Glasgow 1610. Reason first 9. Grounds of proceeding in voting not in the Word of God Confession of Faith Acts of the Assemblies but the Kings Commands Perth 1618. Reason 9. Now Reader compare these with what hath been said in the Examination of them and jugde thou impartially if no stronger Arguments was brought for the nullity of these pretended Assemblies then this Writer hath brought against this REVIEW IT is indeed fit that in a matter of such consequence men apply themselvs seriously to search out the truth and to judge thereof in the fear and sight of God and therefore without opposing confidence to confidence I leave men so to do upon all that hath been said and then to give sentence whether the Reasons contained in the Protestation and in the latter Papers be not relevant grounds to protest against to nullify the late Assembly as unfree and unlawful in the Constitution manner of proceeding whether the Writer had not reason to affirm that there was such encroachments upon the Constitution thereof and right manner of proceeding therein as did destroy almost all the essential requisits of a free Assembly freedom of Election free Voting free access and recess free hearing of what was offered for light impartial hearing and discussing of Exceptions against Constituent Members admitting of Presbytries who were under trial to sit as Judges upon particulars relating to themselves and whether there was not such encroachments as moved the Assembly 38. because of the like to judge several of the former Assemblies to be null or whether stronger Reasons are brought for nullifying any of these pretended Assemblies then of this The Author thinks these to be too bold Assertions in the Writer but I hope they are not more bold then true and viritas non quaerit angulos That the Writer did not make any particular paralel of the Reasons of the nullity of this Assembly with the Reasons of the nullity of these Assemblies was upon no such politick principle as the Author insinuats to wit The fear of wronging his credit or the discovering of the rashness of his Assertion but to spare as I conceive he thought needless pains the Acts of the Assembly being so common and the paralel being so easie to every Reader of ordinary capacity and understanding and if it was a fault in the VVriter not to make a particular paralel faithfully comparing the one with the other and weighing Reason with Reason the Author can much less be blameless who seems to undertake it and yet doth little as to the performing of it only he makes a short recapitulation of the Reasons of the nullity of these Assemblies and leaves the Reader to make the paralel comparison and in this what hath he done more then the Writer except that he hath been at the pains to make some compend of these Reasons which are more clearly set down in the printed Acts that are common It is to be marked that it is not asserted by the VVriter that all the Reasons brought for anulling of all and every one of these Assemblies are quadrant to this Assembly but that there is none of these Assemblies for the nullifying of which stronger reasons are brought and therefore though some breaches of the right Rules of Constitution may haply be found in some of these Assemblies which are not instanced in this Assembly it makes nothing against this Assertion nor for justifying this Assembly more then these because there is none of these in which moe or more weighty breaches of the Rules of Constitution can be found then can be found in this But let us take a view of the most considerable Reasons brought for nullifying these Assemblieâ— and compare them with the Reasons which are brought for nullifying this the first is The want of timous indiction which caused the absence of many Commissioners To this there was something equivalent in this Assembly that caused the absence of many Commissioners to wit The troubles of the times which in some places hindred the Elections and in others hindred the Commissioners from coming The second is want of freedom in the Election of Commissioners in Presbyteries because of Letters from the King and the Prelats requiring them to chuse such and such To which was equivalent in this Assembly the pre limiting of Elections of their freedom by the Letter and Act of the Commission excluding all those who were opposit to the Publick Resolutions The third is the admitting many to voice in the Assemblies who had no Calling nor Commission so to do to which is equivalent in this Assembly the admitting the Commissioners to voice notwithstanding of just Exceptions proponed against them before the discussing of these Exceptions and the admitting them to voice in the discussing of them The fourth is the want of freedom in voicing because of threatnings under no less pains then the wrath of Authority Imprisonment deprivation of Ministers c. To which was equivalent in this Assembly the Kings Letter and the Commissioners Speech with the previous warnings Remonstrances Letters and Acts of the Commission characterizing those who were against Publick Resolutions as Malignants and appointing them to be censured and stirring up the Civil Magistrate against them together with the Acts of Parliament made against such which Acts did involve more and more certainly against the opposers of Publick Resolutions then any of these threatnings could do because there was no Law as yet for executing of them The fifth is the practising some of the Articles concluded in these Assemblies before the Assembly it self notwithstanding that these Articles were formerly condemned by the Church by which their Voices were pre-judged by the practice or these Articles before condemned by the Church and therefore they should have been secluded from voicing To which in this Assembly is equivalent the practising the Publick Resolutions by many Members of the Assembly before the Assembly concluded the same notwithstanding they were before that time clearly condemned by the Church I dare say as clearly as ever kneeling at the Communion or feastval-daies were condemned by this
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
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
up or following their sayings opinions or practices without due examination and tryall upon this accompt because they are godly persons from whom such things proceeds as being an advice wholesome and profitable in it self and as having ground to think that the estimation of some mens persons and judgements the last year had influence upon some to gain them to the Publick Resolutions and to the proceedings of the Assembly I do also joyn with him in the substance of the two things which he adds for strengthning of this present caution only desiring him to be impartial in the application of the first and to look homeward aswell as abroad and to guard well both in the first and last that in discovering the errors or weakness of some who are truly godly or the hypocrisie of others who pretend it the hands of the prophane and such as hate and mock at godliness and insult over the infirmities and blemishes of the Saints be not strengthened nor godliness nor godly men brought in contempt VINDICATION 3. The pretences and big professions of good upright and zealous intentions and affections towards the Cause of God and welfare of the Kirk of God in this Land I shall nor dare question the uprightnes of the intentions of some yea many of them may I am verily perswaded of some of them that they are far from doing any thing intentionally or formally and directly intending the overthrowing or wronging any of the Ordinances of Jesus Christ setled in this Kirk or the peace thereof and that if they be led in any course in the matter prejudiciall to any of these it is as many wâ—t out with Absolom in the simplicity of their hearts But fiâ—st it would be remembred that many may be very zealous in their intentions for God and yet that zeal be not according to knowledge where there is much zeal for any end there be also much mistake about mids towards that end and where there is much and clear knowledge in many things there may be much mistaking about some or moe particulars a good intention is necessary that a man may be approven before God in his actions but it is not enough to make his actions good or imitable by others And certainly this is the chief thing to be considered by thee ere thou allow follow or comply with the course of any other man not what good intention or zeal they do professe but what good ground or reason they have for the course ay but may some great knowers say This is poor who knowes not this this is a common known principle of acting that we should not lippen to mens professions of straight honest and good intentions but seek what warrant they have for their actions It is true it is a common known and plain principle but common principles are better known then made use of and hath need to be pressed that they may be hated in our actings and amongst others this especially in these times Great Professions of honest and straight purposes and intentions especially made by men who are presumed to have much knowledge and have been found in many things right are ready to make others who are credulouâ— and more simple oftentimes secure and negligent to try and prove their actings and so oftentimes suffer themselves to be led out of the way 2. Albeit as I said before I do not question the uprightnes and sincerity of some profession concerning their intention and their affection yet I shall desire the Reader to compare the professions made in the Narrative of the Protestation in hand with some late practices of some that had hand therein and these not of the low form First they professe that while they live it shall be acknowledged how gracious GOD hath been in giving to this Kirk pure Ordinances and that they desire mercy and grace to adhere to the Worship Doctrine Discipline and Government established in this Land This indeed is a good Profession but suppose that which is certain and evident that when we speak of great estimation of and adhering to the Discipline and Government established in this Kirk we must conceive this in relation to the Ordinances not only in the abstract and dogmate but also in concreto and as they are in actu exercito actually existing and as they are exercised in Judicatories constituted accordingly let a man professe what he will of soundnes and constancie in point of judgment concerning Discipline and Government established in the Kirk yet if he be found a contemner of the exercise of that Discipline and of the lawfull Judicatories invested with the Government no wise man will acknowledge that man to have a due estimation of or to be a constant adherer to these ordinances except it may be in so far as he holds somthing of them in his own hand and that is himself nay such professions are but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 good words and fair speeches to deceive the hearts of the simple This laid down let any ingenuous and indifferent men take unto consideration but some practice of some of the Protesters and judge how agreeable they are to the former profession and adhering to the Discipline and Government setled in this Church 1. Condemning Acts and Constitutions of the supream Judicatories of the Kirk most unanimously concluded themselves being present and not contradicting but positively by their votes consenting thereunto and that not in a private way but in a Remonstrance publickly emitted to the World and presented to the State without having so much respect to these Judicatories as which due estimation of and adhering to the established Government of the Kirk did require once to have had recourse to them first by supplication or desire to re-examine or to take to their consideration again these Acts and Constitutions yea refusing to apply themselves to them in such a way as that when advised and earnestly pressed thereunto as orderly by some to whom they had communicated the design of the Remonstrance the former part of this is evident from the Western Remonstrance condemning the Treaty with the King and closing thereof allowed approven and ratified by the Generall Assembly 1650. If it be said that that Remonstrance was communicated to the Commission of the Kirk before it was presented to the Estate that is true But beside that the Commission had not power to judge the Acts and Constisutions of the Assembly It was presented unto them meerly to have had their concurrence in presenting it to the Estate if that could have been obtained but with no desire to advise and give their judgment upon the matter contained in it yea these that came with it required If they had any power committed to them to change any thing of it they plainly declared that though some expressions might be changed yet they had no power and were not to alter one jote of the matter so determined were they of themselves and antecedently to the cognition of the
Publick Judicatories The latter part is evident by Mr. John Carstaires Letters written to the Lord Register about the time of the contriving that Remonstrance from Edinburgh and intercepted at the Ferry of Airth or thereabout REVIEW I Shall say nothing of the charity he alloweth many and of the perswasion that he hath of some that they are far from doing any thing intentionally or formally and directly intending to overthrow or wrong any of the Ordinances of JESUS CHRIST setled in this Church or the peace thereof he hath reason to allow them that and somewhat more but this allowance of his to some doth leave others under a hard construction not onely in regard of their work but also in respect of that which is their formall and direct intention another years proof of them may haply force better thoughts both of their intentions actions in the hearts of some who now for along time have mistaken them because they could not join in the Publick Resolutions which to them was to be found in the way of Egypt and to drink the waters of Sihor in the mean while they are comforted in this that their own hearts doth not condemn them neither in their intentions or actions what he saith of a zeal not according to knowledge and of mistakes about midses and of a good intention that it is not enough to make a mans actions good or imitable by others but that is to be considered what good ground or reason they have for their course and of the applying of common principles which are better known then made use of In all these things I do agree with him and wishes that they may be blessed of God unto his Readers and all others But let us come to examine the things whereby he endeavours to render the Professions of the Protesters suspected as not agreeing with some of their principles and actions for making out of which he desires the Reader to compare the professions made in the Narrative of the Protestation with some late principle of some that had hand therein and these not of the lowest note Firâ— saith he they professe that while they live c. I acknowledge that I have no great skill of School tearms but I conceive that when in this place he speaks of the Ordinances in concreto and as they are in actu exercito actually existing and as they are exercised in Judicatories constitute accordingly he means not of every kinde of concretion and exercise of Ordinance quovis modo for they may have an honest and honourable estimation of Ordinances who bear testimony against the corruptions and mal-administrations of the abusers of them otherwayes these who have been most zealous and straight-hearted for the Ordinances in all Ages should be found among the despisers of Ordinances and none more then many of the gracious Worthies of this Land who were ready to lay down their lives for the Ordinances and yet did bear publick testimony both against the corrupt constitution and corrupt Acts of Assemblies and all male-administrations that were of any importance to the prejudice of the Kirk or any of the Ordinances of Christ therein which was so far from rendering their professions suspected that it was a reall evidence of the truth and sincerity thereof But I think he means of such a concretion and exercise of Ordinances though it had been fit to expresse it more clearly as is agreeable to the rule of Gods Word for so he seems to hint when he sayeth as they are Judicatories constitute accordingly and in this sense the carriage of the Protesters doth well stand with their Professiors in reference to the Ordinances Having laid down this ground and distinction of Ordinances not onely in the abstract and dogmate but also in concreto and as they are in actu exercito he comes in the next place to give some instances of some practices of some of the Protesters in setting down of which he hath been very industrious to gather and put together a bundle of such things as he thinks may bring their Professions in suspicion and contempt I shall not meet him with the like measure if it were Christian and seasonable work more haply might be holden forth of the practices not of some only but of many sticklers for the Publick Resolutions that goes cross their Profession to the Doctrine Worship Discipline and Government of the Church of Scotland then the Author can or will answer but because to recriminate is not to answer I come to the particular instances which he gives The first is their condemning Acts and Constitutions of the supream Judicatories of this Church which he aggravates by many circumstances First that these Acts were most unanimously concluded Secondly that themselvs were present and did not contradict Thirdly that they were positively consenting thereto by their Votes Fourthly that they condemned these Acts not in a private way but in a Remonstrance publickly emitted to the World and presented to the State Fifthly that all this was done without having so much respect to these Judicatories as first to have recourse to them by supplication and desire to re-examine or take to consideration again these Acts and Constitutions yea refusing to apply themselves to them in such a way when advised and earnestly pressed thereto as orderly by some to whom they had communicated the design of the Remonstrance To all which I return that the Argument taken in its strength doth not seem to conclude much for evacuating the Professions of the Protesters to the Doctrine Worship Discipline and Government of this Church unlesse we lay this for a ground that whosoever represents and remonstrates his judgment against any one of the Acts of the Assembly of this Church belyes the Profession which he makes of respect to the Doctrine Worship Government and Discipline thereof Secondly the Assembly was not sufficiently informed concerning these transactions with the King but severall important particulars which would have contributed much for clearing of the businesse were keeped up from and not reported to the Assembly to wit the first invitation given to the King the Act appointing him to be restored to the exercise of his power the Kings Letters to James Graham the Kings taking the Sacrament after the order of the Service Book kneeling from an Episcopall Doctor and an Irish Bishop notwithstanding that he had signed the Treaty and that intercessions were made to him both by word and write to forbear the bringing to sea with the King all the English and Scots Malignants that were with him at Breda after the Commissioners had received the Letters and Acts both of Church and State disapproving the Treaty at Breda The way how the King was induced to subscribe the Covenant and how immediatly before his taking it being ready to land in Scotland he was about to have made a Protestation but that some of the Commissioners would not tender him the Covenant upon these terms How lame the accompt
as their Commissioners then some sort of election there behoved to be as indeed there was both to that Assembly at Lithgow 1606. and that of Glasgow 1610. For clearing of which it would be remembred that there is an election materiall when persons are instructed and authorized by us as our Commissioners though we have not nominate and formally chosen them for that effect and an election formal when we do formally nominate and choose an election materiall there was at Lithgow because those who were nominate by the Kings Letter were instructed and authorized by the Presbyteries as their Commissioners and therefore in the 4. reason for nullifying of that Assembly there is mention of the power which these Ministers had and of the limitation thereof by their Presbyteries but there was no formal nomination of these men by the Presbyteries therefore it is said in the 2. reason that they were not at all elected by their Presbyteries but at Glasgow 1610. there was both a materiall and formall election though not free but pre-limited because the King and the Bishops had designed the persons whom they would have them to send and let it be considered whether upon the matter there be not the like and as realll a pre-limitation by the Act and Letter of the Commission In the year 1606. and 1610. the King and the Bishops nominate who shall come and design whom the Presbytery shall send without leaving them to choose such of their number as they thought fit and in the year 1651. the Commission designes who of their number they shall not send to wit none that were opposite to the Publick Resolutions for this much their Act wherein they require them to be cited to the Assembly doth import as afterwards shall be cleared not leaving Presbyteries to their own freedome choose such of their number as they thought fit and is not the one of there a pre-limitation and hinders a free choice as wel as the other Doth not he pre-limite who saith that you shall not choose such men of your number as well as he who saith you shall choose such men of your number in the mean while it is to be observed that the Assembly 38. hath no such distinction as that of active and passive solicitations but infers the last Presumption juris de jure from and upon the first and not without good reason because none doubt of the influence of commands of Superiors when the desire is granted and the direction is followed by the inferior especially when the effect is contrary to the former custome and practise when they were free Because the Author hath endeavoured to darken as much as he can the pre-limiting of the elections in Presbyteries by the Letter and Act of the Commission by his distinction of active and passive pre-limitation therefore upon supposall that the Letter and Act of the Commission did contain a pre-limitation of the elections which shall be afterwards cleared I reason thus For proving that Presbyteries were passively pre-limited in their elections by that Letter and Act who so in their elections accepts of and yeelds obedience unto a Letter and Act containing a pre-limitation of their elections are passively pre-limited in their elections But the Presbyteries did accept of and yeeld obedience to such a Letter and Act ergo c. The first Proposition is a clear truth and agreeable to the Authors own words when he is explaining passive pre-limitation active solicitation of Judges and members of a Judicatory saith he proves not a Judicatory corrupt unlesse it can be evidenced that they have accepted and yeelded unto the solicitation The second Proposition to wit That the Presbyteries did accept of and yeeld obedience unto that Letter and Act because it was not onely received and read in the most part of Presbyteries before their elections without any testimony given against it but also appointed to be put upon record in their books in testimony of their approving thereof and as the ground and order of their proceedings in the things contained therein and obedience was given thereto in most places by forbearing to choose any such as appears by the Rolls of the Commissioners in same places ranversing former elections and appointing new ones to be made up on that ground as appears in the elections of the Presbytery of Dunkell in some places opposing the choosing of such as were opposite to the Publick Resolutions and dissenting from and Protesting against their being chosen as in the Elections of Glasgow in such places intimating to such as were choosing in their absence that they might not admit them unlesse they did declare themselves satisfied with the Publick Resolutions as in the presbytery of Mearnes for verifying of which I desire it to be taken notice of that that Presbytery having chosen the Lord Arburthnet to be Ruling Elder to the Generall Assembly they did afterwards writ unto him a Letter and sent by some of their own number in which Letter are contained these words We have sent two of our number who will take your Lordships Declaration when you accept and give your oath to discharge your trust faithfully whether your Lordship is satisfied with the Publick Resolutions but if you have any hesitation and scrouple therein as we hope you have not we must make choice of another and in some places refusing upon that accompt to subscribe and approve the Commission of these who were sent from Burghes as in the Presbytery of Kirkaldie who after the reading the said Act and Letter of the Commission did refuse to subscribe the Commission given by the Burgh of Bruntiland to Magnus Aitoun because he compeared not with the Commission himself to declare his minde anent the Publick Resolutions These may be instances enough to prove their obedience If it were needfull to take up time in so clear a businesse we could bring sundry moe which we now delay because they may be subjoyned to the end of this Paper but to say no more of this purpose the Synods and Presbyteries citing of such to the Generall Assembly as did oppose the Publick Resolutions by the order of the Letter and Act which order for citation did by necessary consequence incapacitate them to be Commissioners is an undenyable testimony that they accepted of and yeelded obedience thereunto VINDICATION BVt let us prove it further in the discovery of the nullity of the first reason and for that purpose consider the other particular thereof which concerns the Commissions Act and Letter As to the matter in Generall the Protesters themselves nor any other judicious or sound Christian will say and think that the election of Commissioners in Presbyteries ought to be of such a lax liberty as is bounded with no limitations at all this was the loose way pleaded for by the Arminians at the Synod of Dort and which would tend to the subversion of true Religion certain it is that Presbyteries are so far limited in this that they
1616. And is it not equivalent to this if by reason of external force Presbyteries after advertisment given unto them cannot meet and choos their Commissioners or if those who are chosen cannot come because of force keeping them back VVhat is the cause why undue advertisment of many Presbyteries and Buâ—ges makes a nul Assembly Is it not because many of these who are in a capacity to send Commissioners are by an invincible impediment kept back from doing of it and hath not this also place in the other case If Presbyteries neglect to chuse Commissioners or if they being chosen shall neglect to come that alters the case and puts the fault wholly upon them who neglect their duty but if they be kâ—pt back by violence from without â—t is equal to their not being advertised at all or their not being timously advertised or if they cannot chuse or being chosen cannot come to what purpose is the advertisment or how can it put them in a worse case then if they had not been advertised or not timously advertised Though the Presbyteries of Orknay and Caithness be deduced and others too which are wanting and have no Commissioners to send yet if the Author shal be pleased to consult the Rolls of the Assembly it haply may be still found that nine or ten Presbyteries were absent and thirty Burroughs if not above for these of Hamelton who came afterwards to the place where the Assembly was siting and would not come forward as they came thither with hazard and difficulty so did they not think it a duty to come forward being convinced of the nullity of the Assembly which made them send their testimony against it It is true that Commissioners came to the Assembly betwixt whom and the place of the Assembly the Armies were interjacent and from severall parts besouth Forth but it is as true that some comming from these places were taken prisoners and that others offered not to come from home as being hopelesse to passe thorough the danger bring so apparent and reall which it seems the Author hath been somewhat convinced of when he speaks so mincingly as to say that it might have seemed to have proceeded of negligence rather then of any necessity He tels us that Commissioners came not from Burghes and yet Ministers came from the same Burghs but that proves not that there was free accesse to the Commissioners of Burghs who stayed away to say nothing that there was few Burghs whose Commissioners were absent whose Ministers were Commissioners and came to the Assembly I know not any Assembly so impeded and indangered in Ja. Grahams time there was no Assembly that sate from the time of his invading the Land by the Irishes till the time of his defeat except one and that sate in Jan. at which time he was not reigning or raging thorough much of the Country but was forced to keep himself in the Highlands and in the places of the Country lesse inhabited whence few Commissioners were come If the Author prove it by bringing forth the Rolls ot both Assemblies that as many were absent from that Assembly if not more then it shall appear that he had just cause so to assert but until that time he will give us leave to suspend our assent to the truth of this He will stil have the Protesters to be unfriends to former Assemblies and to be teachers of Malignants how to cast them as null upon grounds of Conscience but the Protesters do disclaim them for Scollers and so do they the Protesters for masters or teachers and as there is nothing taught by the Protesters that can give them any just ground upon which to quarrell or cast the censures of that Assembly so were it superfluous for them now to be at the pains to learn it seeing the Authors and abbettors of the Publick Resolutions hath eased them of the pain of this censure already albeit the Rolls of this Assembly were more numerous then the Roll of some unquestionable Assemblies that would not much help him because absents from this Assembly in many was not voluntary but by want of free accesse but so doth it not appear to have been in other Assemblies and whatever the Author talks of the Roll of this Assembly yet I believe before they come to the ratifying of the Publick Resolutions which was their great businesse they were but a thin Meeting many of their number having left them some out of discontent and dissatisfaction with their proceedings and others fearing to be surprized by parties of the English As to the Assembly at Aberdeen in which there was but twenty persons present which notwithstanding is owned by the Church of Scotland as a free and lawfull Generall Assembly it is so owned as that these who met being lawfully Commissionated from their Presbyteries and having met at the time and place appointed for holding the Assembly are accounted sufficient to adjourn the Assembly and to preserve and Vindicate the Liberties of the Church against the encroachments that then were made upon them by the King and his Commissioners So I believe the Author will not say that these twenty could have proceeded to make Acts of Generall concernment to the whole Church of Scotland or that if they had so done these acts would have been authoritative binding What the Writer speaks of want of freedome in regard of recesse is not upon any emergent after the down-sitting or close of the Assembly but uppon causes known at the time when the Commissioners should have come from home and therefore he doth not urge it as a relevant Argument apart by it self but joynes it with the want of freedome of accesse and it is very agreeable to common sense for men to think that Assembly not free to which there is no freedome in comming to exoner their Consciences nor any freedom in going after they have done it He justifies the confinement of the Ministers of Sterline In this particular at Sterline 1. He challengeth the Writers passing in silence these Ministers Protesting against the Assembly but though the Author think this wisdome yet I hardly believe that the Writer did it upon deliberation the thing being so manifestly known there was no need to mention it The Author asks the question whether the King might not have confined these men without any imputation to the freedome of the Assembly untill he had been informed upon what ground they came away so untimeously It seems that as the case was circumstantiat it could not well be done without an imputation of the freedome of the Assembly may the King and Committee confine every one who comes away untimeously untill they be informed upon what ground they come away illud possumus quod Jure possumus But where is there such law for censuring these by confinement that come away untimeously from the Assembly but it seems they were informed of the cause of their comming away otherwise his instance of the Commissioners
of the Assembly without satisfaction in which they could not acknowledge the Assembly And the reason why they did sit and vote till the day of Inerkeithing was that which I have told already because they were loath to use the last remedy till there was no hope That any other could be effectual to bring things to any tolerable condition the Author cannot but remember that there was Conference both upon the Thursday and upon the Friday betwixt some of the Commissioners and some of the Protesters in order to a good understanding and some right way of composing Differences and preventing of further Divisions and of a wider breach and how much and how earnestly some did with tears press the Commissioners that they would be instrumental to get the Assembly adjourned and how peremptorily they did refuse so much as once to speak in it Their salvo in the Assembly was also salvo enough for them to be in Committees and for their voting in the adjournment I have told upon what ground they did it it doth but at the utmost say that they did strain themselves to the utmost and further then otherwise could have been convenient untill necessity forced them to use the last remedy of Protesting From all which it may appear notwithstanding of any thing said by the Author to the contrary That it was the conscience of the weight of the grounds whereupon it was built and not that which alleadged by the Author that moved these men to protest against the Assembly The Author is a very bold and uncharitable Censurer of the Protesters not only as to the matter of their actions but as to the motives and inducements of their actings In the beginning of his Vindication he hath holden forth some of them as acting upon Byassed and Self-interst and as belying all their great Profession of respect to the Government of this Kirk by their Actions Now in the close of it he holdeth forth all of them as men void of conscience in this particular and acting upon other grounds notwithstanding of their pretending to Conscience I thought that whatever had been his Opinion of some of them yet that he had had a better and more Honorable estimation of others of them VINDICATION I Shall in the next place speak a word to one or two passages contained in the general Objections because in the one the Writer pretends to hold forth a new argument against the lawfulnesse of the Assembly in the other through the sides of it he strikes at the Assembly of Glasgow 38. it self The former in the answer to the second Objection is this Albeit there were nothing relating to the point of forme viz. to the Constitution and manner of proceder of the Assembly yet some conceive and with much appearance of reason that an Assembly proceeding wrong upon matters is null because Kirk Judicatories have no power to destruction but all their power is to Edification and all power Commissioners of a Generall Assembly have it is by Commissions from Presbyteries which Commission limiteth them to the Word of God the Covenant and Acts of former Assemblies and therefore in so far as they do any thing contrary to these in so far they may be declined as having no power for doing any such thing which furnisheth a new argument not before alleadged for declining the Assembly because in the most of all the materials of their proceedings they proceed contrary to the trust committed to them by Presbyteries Answer We are not now disputing about the right or wrong of particular Acts and Constitutions of the Assemblie the Writer doth but affirm they are wrong and this saying is not to be holden for sententia lâ—ta nor is it an Oracle but to the present matter 1. Supposing as the Writer doth and we conceive we have in what goes before made a more clear supposition nothing could be alleadged in the point of forme that which indeed here maketh nothing for justifying the deed of the Protesters who Protested against the lawfulnesse of the Assembly when as it had not come to any of these Proceedings which the VVriter alleadgeth to be wrong in the matter this sure I am cannot be justifiable But secondly if the Writer by these some who conceive as he saith meaneth any some Orthodox Writers it had been fit he had named them and cited their words and Writings wherein they express that conception that we might have had consideration of them If he mean some of themselves their Authority cannot have weight in this matter being but a party without authority speaking in their own cause and for their own advantage but for the thing it self which is asserted here that an Assembly against which nothing can be alleadged in the point of forme to wit in the Constitution of it for its manner of Proceeding is a null Assembly 1. According to the state of the question in hand a not having the being of an Assembly but to be holden a meer meeting destitute of Authority because proceeding wrong in the matter id est making some wrong Acts is in my weak judgement a most dangerous and irrationall conception I confess indeed that a Gen. Assembly is not a Judicatory absolutly soveraign whose Constitution is to be imbraced upon its bare and naked authority as Papists make their Councels to be but Ministerial subordinate unto and limited by a rule and not unfallible and therefore that inferior Judicatories and private Christians also must make use of the judgement of discretion to compare the Constitutions with the rule and are not oblieged to receive them if they be contrary to or dissentient from the rule but to say that notwithstanding it be constitute so as nothing is wanting or amiss as to the point of forme requisite in such a Judicatory yet if it make wrong constitutions upon the matter that it is to be holden no Asembly at all that is to open a gape to confusion inferring that absurd consequence that that Assembly is not compleatly constitute in the being of an Assembly untill all the Acts of it be concluded and ended and that untill it be concluded no man can acknowledge nor submit to it but with a reserve and if it shall be so I see not how it can be avoided by the like reason that acts wrong upon the matter must make a Presbytery not a Presbytery yea and a Minister a non-Minister which no man will not see to be most contrary to the practise of CHRIST and his Appostles in relation to the Priests and Kirk Judicatories among the Jews while they were a Kirk it is also remarkable that that solemn Assembly of Glasgow in declaring the nullity of the six preceding Assemblies doth never take an argument to prove the nullity of any of them from the matter of the Acts made in them while yet there was very fair occasion to have done if that Assembly had been of the Writers minde The second grounds upon which the Writer
notice of that which he saith that supposing as the Writer doth that nothing was wrong in the point of forme that there is nothing in the matter that will justifie the deed of the Protesters because they protested against the lawfulnesse of the Assembly when as it had not come to any of these Proceedings which the Writer alleadgeth to be wrong on the matter in this the Author is mistaken because the rejecting of relevant exceptions proponed against sundry of the Commissioners both before and after the chosing of the Moderator was wrong on the matter being prejudiciall to the right Constitution of the Assembly and a preparative to the justifying of the Commissioners Proceedings Thirdly I would have him to know that the Writer by these some whom he speaks of doth not mean any of the Protesters themselves though the Authority of some of them be of as great weight in the Protestant Churches as any of the Divines of this age and being prior to the Protestation needs not nor ought not to be looked upon as the testimony of a party but he means som Orthodox Writers and these of chief not in the Protestant Churches whom as I conceive he thought he needed not to name as having no great purpose to insist much upon the businesse But for the Authors satisfaction and the satisfaction of others I shall name some First Calvin writing upon the 23. of the Acts hath these words Nascitur quaestio si honore non est privandus qui malè officio fungitur peccavit Paulus Pontificem honore spolians Responsio Inter Magistratus Civiles Ecclesiae Praesules aliquid est discriminis quamvis enim Civilis Imperii confusa sit perversaque administratio Dominus tamen vult subjectionem salvam munere sed ubi spirituale regimen degenerat solvuntur piorum conscientiae ne injustae dominationi pareant praesertim si impii Sacerdotii titulum falso ad evertendam salutis doctrinam praetexant sibique dominationem arrogant qua ipse Deus in ordinem cogitur And Paraeus upon the same place moves the same Question and gives Answer to it in these words Non sequitur à Magistratu Politico ad Ecclesiasticum quia magna est dissimilitudo magistratus politicus potest esse magistratus quamvis sit impius ideoque ei obtemperandum quoad non praecipit quid impium sed Ministri Ecclesiae deficientes à puritate doctrinae spargentet falsa dogmata jam non amplius sunt Ministri Christi Paulus Magistratum quamvis impium agnoscit pro Magistratu Impium vero pontificem non agnoscit pro pontifice He will also finde moe writing upon that place speaking to the same purpose as also upon the 2. Cor. 10.8 and 13.8 and 10. It is not now my purpose to fall upon the consideration of the extent of the meaning of those Divines in these places it is enough that I give him their testimonies speaking as much clearly as the Writer said they did 4. I doubt if for any thing that is said by the Author this exception will be found so dangerous and 〈…〉 First He thinks that it is to open a wide gap to confusion inferring that absurd consequence that that Assembly is not compleatly constitute in the being of an Assembly till all the Acts of it be concluded and ended and that till it be concluded no man can acknowledge nor submit to it but with a reserve The reason of this consequence must be because haply in the close they may make an Act wrong upon the matter which one Act nullifies the Assembly though they had done all other things well but so said not the Writer neither can any such thing rationally be gathered from his words the most that he insinuates iâ— that an Assembly proceeding wholly wrong upon the matter or in the most substantiall and materiall things or in the rules of its constitutions of greatest concernment or as that so far as an Assembly proceeds wrong upon the matter it is so far without authority as appears from his own words in the inference which he makes from the power which the Commissioners have committed unto them by their Presbyteries and from the Conclusion that he makes in order to the Assembly now in question to wit That they having in most of all and the most material of their proceeding proceeded contrary to the trust committed unto them by Presbyteries It furnisheth another considerable reason for declining of them Secondly He thinks that it will also infer the nullity of Presbyteries and make Ministers no Ministers if they shall proceed wrong upon the matter which no man will not see to be contrary to the practice of Christ and his Apostles in relation to the Priests and Church-Judicatories among the Jewes whilst they were a Church But to say nothing of the difference between Ministers Parliaments and Assemblies the one being ordinary and fixed the other not so the most that it would infer would be this That in so far as they proceed wrong or that if in the most substantiall and materiall parts of their duty they proceed wrong upon the matter their authority is not to be acknowledged and this seems not a very dangerous consequence Thirdly He thinks this contrary to the judgment of the Assembly of Glasgow concerning which he thinks it remarkable that in declaring the nullity of some preceding Assemblies they do never take an Argument from the matter to prove the nullity of them whilst yet saith he there was very fair occasion to have done it if that the Assembly had been in the Writers mind The Writer hath not yet positively declared his mind in this matter But the Author upon second thoughts will find his remark concerning the Assembly of Glasgow not well grounded because that Assembly in proving the nullity of some preceding Assemblies do reason not only from the form but also from the matter or grounds of their proceeding in their Acts as appears in the last reason brought for nullifying the Assembly at Pearth which is this That the ground of their proceeding was not the Word of God the Confession of Faith and Acts of former Generall Assemblies but the Kings Commandment onely For the question was thus stated whether the Five Articles in respect of his Majesties Commandment should pass in Act or not as the Records of that pretended Assembly bear where it is declared That for the reverence and respect which they bear to his Majesties Royal Command they do agree to the foresaid Articles And that the Church of Scotland had respect to the matter as well as to the form in annulling these Assemblies is manifest from that notable Act at Edinburgh in the year 1639. concerning the causes and remedies of the bygone evils of this Kirk in which the fifth Cause is declared to be the keeping and authorizing corrupt Assemblies at Lithgow 1606 and 16â—8 at Glasgow 1610 at Aberdeen 1616 at St. Andrews 2617 at Pearth 1618 which Assemblies are declared