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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A85789	The nullity of the pretended-assembly at Saint Andrews & Dundee: wherein are contained, the representation for adjournment, the protestation & reasons therof. Together with a review and examination of the Vindication of the said p. assembly. Hereunto is subjoyned the solemn acknowledgment of sins, and engagement to duties, made and taken by the nobility, gentry, burroughs, ministry, and commonalty, in the year 1648. when the Covenant was renewed. With sundry other papers, related unto in the foresaid review.	Guthrie, James, 1612?-1661.; Wood, James, 1608-1664.	1652 (1652)	Wing G2263; Wing W3400; Thomason E688_13; ESTC R202246	280,404	351

Committee of Estates The Assembly continues until the morn at ten hours that Examination of the Proceedings of the Commission of the late Assembly and do appoint that time for Hearing any New Exceptions the Committee of Estates hath to give in against the Proceedings of the said Commission PAPER sent into the ASSEMBLY WHereas it hath been the constant Care and Endeavor of the Parliament and Committee of Estates To use all means for removing and setling the Differences betwixt the Church and the State and in pursuance of that good way The Committee did yesterday give in some new Desires and Offers to the Gen. Assembly That some might be appointed to meet and confer with such as should be appointed by the Committee therupon But since instead of imbracing and laying hold of this opportunity of composing Differences The Gen. Assembly doth proceed toward an approbation of the proceedings of the Commissioners of the Assembly wherby we conceive all hopes of making up the Breaches will be removed and the prejudices will be great that will thereby ensue to this cause and Kingdom For preventing whereof we hold our selves obliged again to desire you as you tender the furtherance of the work of Reformation the Good Peace union of the Kingdoms and the composing of all Differences and Jealousies that you would apply your selves to these our Desires and appoint some of your Number to confer with us therupon for the Exceptions we have against the proceedings of the Commissioners of the Gen. Assembly We have confidence a Conference may preveen the same and are more willing not to give them in at all or at least only to give them in to those you shall appoint to confer with us that if it be possible Differences may yet be removed Then that we be necessitate to appear in publick amongst them And that this and our former Paper may remain as a testimony of our Desires for Unitie and Peace we desire that they may be Recorded in the Books of the General Assembly The Assembly do give this humble return to the Papers sent this day from the Hon. Committee of Estates That they are most willing to appoint a conference with any of their Lordsh number but that according to the Order and Acts of former Gen. Asemblies they conceive themselves obliged first to examine the proceedings of the Commission of the late Gen. Assembly and thereafter shall be willing to confer being also now ready as of before to hear Exceptions if there be any against the proceedings of the said Commission Subscrib A. Ker. The Committee of Estates understanding that the Gen. Assembly is to proceed to the examination of the proceedings of the Commissioners of the late Gen. Assembly in order to an approbation before they agree to a Conference and the Committee being to give in their just exceptions against the proceedings of the said Commissioners do desire the Gen. Assembly to allow some few dayes delay to the Committee to prepare their Exceptions before the Assembly proceed in the Business The Assembly continues the examination of the Proceedings of the late Gen. Assembly until four afternoon and appoints that time for Hearing any new Exceptions the Honorable Committee of Estates have to give in against the Proceedings of the said Commission Subscrib A. Ker. The Committee of Estates finding it impossible in so short a time to prepare their Objections against such of the proceedings of the Commissioners of the General Assembly as relates to their Engagement and yet being most willing to essay all fair means for procuring an happy Understanding betwixt Kirk and State are content to appoint some of their Number to meet with such as shall be appointed by the General Assembly for Composing of Differences betwixt the Church and State without prejudice to them to use all their just Objections against the proceedings of the Commissioners of the late General Assembly if the Conference shall not produce these happy Effects they earnestly wish The General Assembly unto the Motion sent this afternoon from the Honorable Committee of Estates Do return humbly this Answer That they yeeld to their Lordships Desires of a Conference and for this end appoints M rs David Calderwood David Dickson Robert Douglass Andrew Cant John Moncreif John Smith and John Mac Clelland Ministers and the Earl of Cassilles the Earl of Louthian Lord Balmernio the Lairds of Moncreif and Freeland with the Moderator to confer with any appointed by the Honorable Committee of Estates at such time and place as shall be appointed by their Lordships upon the present Dangers to Religion and the cause of God the great prejudices done to the Liberties of the Kirk and the best remedies thereof And to Report the Result of their Conference from time to time And they have also Power to receive any Offers or Papers from the Honorable Committee of Estates and to present the same to the Assembly Declaring that the proceedings of the Commission of the late Assembly being new exactly tryed and unanimously approven there is no place left for any Objections against the same Subscrib A. Ker. Reasons why these who dis-approved the Publick Resolutions and Acts at Dundee Ratifying the same and ordaining censures to passe upon the opposers and unsatisfied cannot keep the Assembly now indicted nor be consenting unto the Election of Commissioners for that effect THe chief cause of many evils which have befallen this Church in time of defection under Prelacie being clearly determined by the Gen Assembly at Edinburgh 1639. to have been the keeping and authorizing corrupt Generall Assemblies it is of high concernment that we take heed that we be not consenting nor concurring to the keeping and authorizing such Assemblies in this declining time amongst which the Assembly indicted by the Commissioners of the pretended Assembly at St. Andrews and Dundee is to be reckoned and consequently ought not to be keeped by any who have protested against or are in their consciences unsatisfied with the Publick resolutions and Acts of the Assembly at Dundee establishing the same as involving defection and backsliding from the Cause of God and Covenant To speak nothing of the indiction of the ensuing Assembly which can neither be acknowledged by any who have protested against or by any who doubts of the freedom● lawfulness and constitution of the Assembly at Dundee but allanerly of the constitution thereof in so far as it depends upon the Acts of that Assembly These reasons seem to warrand and require the forbearance and non-concurrence of all these who disallow of the Acts of the pretended Assembly at Dundee in the election of Commissioners unto a keeping the diet of the Assembly now indicted 1. No man ought to be consenting unto the authorizing of Commissioners to keep an Assembly which is constitute by a corrupt rule But in the judgment of such as approve not the Acts of the Assembly of Dundee the ensuing Assembly is constitute by a corrupt rule Ergo The major

THE NULLITY OF THE PRETENDED-ASSEMBLY At Saint ANDREWS DVNDEE Wherein are contained The Representation for Adjournment the Protestation Reasons therof Together with A REVIEW and Examination of the VINDICATION of the said P. ASSEMBLY Hereunto is subjoyned the solemn Acknowledgment of Sins and Engagement to Duties made and taken by the Nobility Gentry Burroughs Ministry and Commonalty in the year 1648. when the COVENANT was Renewed With sundry other Papers related unto in the foresaid REVIEW Printed in the Yeer 1652. REader We have here observed some few Escapes of the Press some more gross Errors thou wilt find in the Vindication for which neither the Printer nor theje who gave him the Copy can be blamed for the truth is a Letter was written to the Moderator of the late p. Assembly at Edinburgh desiring a perfect Copy of the Vindication by which any Error in that Copy which had come to our hands might have been corrected And in that same Letter there was desired a copy of the Kings Letter to the p. Assembly at St. Andrews with the Commissioners speech seeing the Vindication doth refer to these although it hath been spread alone and these copies kept up but to neither of these desires was there any answer returned ERRATA PAge 4 for nonformists read nonconformists pag. 7. f. whom r. wherein f. tenents r. tenets pag. 8. f. too sharp-sighted r. to be c. pag. 15. f. may r. nay pag. 17. f. required r. being required pag. 30. l. 25. r. which seemeth pag. 37. l. 1. r. Gentleman pag. 58. r. as for and ibid. l. 29. r. no evil before them in pag. 59. l. 13. f. then r. when pag. 62. r. these after against ibid. f. accept r. except ibid. r. patiar f. patior ibid. r. defections f. desertions pag. 63. r. for after why pag. 67. r. Quaries f. Presbyteries r. Prelacies pag. 170. l. 8. r. men and this ibid. l. 9. r. as appears p. 171. l. 19. r. concession TO THE CHRISTIAN-READER Christian-Reader THat thou mayest with understanding read this Book and the Debates contained therein Thou art to take notice that in the year 1651. in the month of July many of the Commissioners from Presbyteries meeting at St. Andrews did proceed to constitute themselves into and to act as a General Assembly of the Kirk of Scotland against the constitution of which Assembly sundry of the Ministers who had formerly born testimony against the employing and intrusting of the Malignant party with the Cause and Kingdom did enter a publick Protestation in writing subscribed by their hands as not being a free and lawful General Assembly within a few weeks thereafter one as it seems of those Protesters did pen a Paper for strengthning and cleering the grounds of that Protestation and taking off such Objections as are usually made against the same In Answer to both these a Member as I take it of that Assembly at St. Andrews did within few months after write a Treatise intituled a Vindication of the freedom and lawfulness and so of the Authoritie of the General Assembly met at St. Andrews c. To which Treatise in the month of May last there was a Reply written bearing the name of the Nullity of the Assembly at St. Andrews or A Review of a Vindication c. which doth set down and make Answer unto that Vindication by Parcels and Sections All these four are now offered to Thee in this Book and in that order in which they were first penned to wit The Protestation against the Meeting at St. Andrews in the first place the Reasons for strengthening and cleering thereof in the second place the Vindication and the Review thereof together in last place There are also added some other Papers upon the by for clearing of some things in the debate The LORD give unto Thee a spirit of Judgment and understanding in reading that Thou mayest Judge true and righteous Judgment condemning the Guilty and absolving the Innocent UNTO THE MODERATOR BRETHREN Assembled at St. Andrews The humble Representation and Desire of the Ministers of the Gospel under subscribed AMongst the many sad tokens of the Lords indignation and wrath against this Church the present unhappy differrences of His Servants of the Ministry is looked upon by Us and We beleeve by all the Godly of the Land as one of the greatest And as We hold it a Duty lying upon Us to be deeply humbled before the Lord in the sence thereof and in our Stations and Callings to endeavor by all lawful and fair means the remedy and removal of the same so we acknowledge a free Gen. Assembly lawfully called and rightly constitute and meeting together in the Spirit of the Lord Jesus Christ and proceeding with Meekness and Love according to the Rule of His Word and Constitutions of this Church to be amongst the first and most effectual Remedies appointed of God for attaining of these ends Therefore considering that the Election of Commissioners for the Assembly hath been in many places limited and prejudiced in the due liberty and freedom thereof by the Letter and Act of the Commission of the last Gen. Assembly to Presbyteries appointing such as remain unsatisfied with and bear testimony against the Publick Resolutions to be cited to the General Assembly which upon the matter hath in many Presbyteries really obstructed the Electing of such though otherwise men of approven abilities and constant faithfulness and zeal for the Work of Reformation since the begining thereof and that many Elections are questionable some as containing persons not in a capacity to be chosen by the Acts of this Church and some as not being made in a due order and right way and that many Commissioners of Presbyteries and Burroughs are absent some of them wanting free access by reason of the English lying in the Country and some upon other impediments and occasions And remembring that such Reasons have formerly had weight in point of Discussion of the validity of some Assemblies and may still be looked upon as important and weighty by these who may happen not to be satisfied in their consciences with your proceedings We did with all humble earnestness and in the bowels of the Lord Jesus Christ desire and beseech you for Truth and Peace sake and that further mistakes and divisions may not be increased unto the prejudice of the Lords Work and rejoycing of Enemies and sadding the hearts of His People That the Diet of the Gen. Assembly may by the common consent and advice of the Brethren now met together be adjourned for some competent time and that by the same mutual advice and consent it may be declared That the Letter and Act of the Commission ought not to be any prejudice to these who remain unsatisfied with the Publick Resolutions why they may not be chosen Commissioners to the General Assembly And that such Presbyteries as shall think fit may make their Elections of new again especially these Presbyteries whose

for constituting one a member of the visible Kirk and sundry other weighty points of the Doctrine and Government of the Church of Scotland are chief causes that have brought the present judgments on the Land which I dare say the presenter of them would never hazarded to have presented had he not known of some good liking of them in some Ministers nay I will say further though the man be understanding as to his station beyond many others yet who ever knows him best and will consider the stile contrivance conceptions in those articles now extant in Print will I doubt not say there hath been the hand of Joab another head and pen in them then his own This by the way that which I would have especially observed in this passage is to what purpose in this place are brought in these unfaithfull men the Prelats who minding their own things c. and all this made an antecedent wherupon is inferred the Protestation against the late Assembly for immediatly it followeth therfore remembring c. whereunto tendeth all this but to bear all in hand that shal happen to read this Protestation that the Brethren that have been lately are opposite to them the professors have been and are treading the steps of these unfaithfull men the Prelats and their mentioned practices a shreud suggestion to say no more against their Brethren many of them not only such as yet they dare not but professe to esteem highly of but even many others whom they despise have been honoured of God to stand constant against the Prelats usurpations for the liberry of Assemblies when few of their accusers have had the honour to have had their hand at the work yea some it may be these from whom the suggestion issued were taking unwarrantable orders from Prelats and doing more too How can honest Christian hearts admit so slanderous a suggestion against so many honest men whose faithfulness integrity honesty constancy in the truth hath been so wel known and sealed by God quis tulerit Graechos I speak not of them all de seditione loquentes if need be it will be easie to discover or rather to name for they are not hidden in the dark the Prelaticall steps that some have trod these years last by-past REVIEW THe first thing which the Author challenges in that passage of the Narrative of the Protestation is the Grammar and Logick of it in relation to antecedence and cons●quence concerning which he thinks that too great forwardnes to let out indirectly a blow at honest men is made the Protesters somewhat to over see themselves but he spares the clearing of it and not being worth the while till it b● c●e●ed these who see it cannot take with it In the next place albeit he professes himself not to be given to be jealous yet It is too great jealousie and prejudice that raises so great a stir about so innocent and harmlesse an expression as this That the fa●thfall Ministers of Jesus Christ in former times brought the Work of Reformation in Scotland to a great perfection and near conformity to the Word of God What mystery is here have not the like expressions been used heretofore in the Papers and Books of the Relaters and Asserters of Reformation and Government of this Church but saith the Author great and near are here diminishing terms and imports yet somthing to be wanting to perfection and conformity to the patern and therefore he thinks the Brethren would do wel to tel that it were wisdom for every honest professor to enquire what that is that is yet wanting The brethren do tel all honest Professors may be perswaded to believe that they had no wil before them that expression and that they do willingly subscribe to the testimony of a worthy man in this Church whose love unto and estimation of the Work of Reformation is above all exception to wit that the Church of Scotland after the Reformation did by degrees attain to as great perfection both in Doctrine and Discipline as any other R●formed Church in Europe But it may be this will not satisfie the Author because his Logick teaches him that by saying great perfection and near conformity they have said lesse then if they had said simply it is come to perfection and conformity To say nothing that the Work of Reformation is capable of a greater grouth in the practicall use of the things that are known and profest and of a discovery of further degrees of light and perswasion in these things Will the Author say that nothing at all no not the least pin or circumstance of perfection conformity with the first patern was then wanting to the work of reformation in Scotland if so we desire him to tell us what kind of power it is that is exercised by the Magistrates and Councels of Burghs then they choose Commissioners to the Generall Assembly and what is the extent of the Doctors Office I ask not these things to cast any blemish on the Work of Reformation which I do willingly acknowledge to be such as may compare with any of the Reformed Churches and in some respect so far as I know hath the pre-eminence but to satisfie the Authors needlesse curiosity these things being considered makes it to appear that these words even when streached upon the tenter-hooks of the Authors nicety do yet bear a convenient and true meaning and that none needs thence to fear a serpent lurking in the bush I acknowledge that it hath been the way of some in these Lands since the Work of Reformation began in them to say that the Work of Reformation in Scotland was a good way on but that there are yet further attainments then it was brought unto but it was apparent from others of their expressions and from the whole tenor of their carriage that they had therein a bad meaning to wit that we should not hold fast the things which we have already nor walk by the same rule but that we should make an alteration and change thereof and therefore there is reason to be jealous over such but to be jealous over these whose expressisions carriage gives no ground for it is but to torment our selves with needlesse fears and to wrong others I have already given some accompt of the Paper presented to the Meeting at Edinburgh which the Author doth here repeat again and shall now adde these few things in answer to some circumstances of his discourse First that Paper was not presented to a Meeting that either really was or did pretend to be the Commission of the Church but onely to a Meeting of Ministers and Professors acting not in the capacity of any Judicatory reall or pretended Secondly that all the Ministers who were there did testifie their dislike of that Paper and even these whom the Author and some others do haply most suspect did seriously disswade from the in-giving of it Thirdly I know not who is the Joab he

it forth to others to induce them to joyn with them as a ground of conscience whereof they could not but exoner their conscience REVIEW THe Author ushers in and closes his Answer to this reason with a great deal of wondering and many exclamations against the want of ingenuity and conscience in the Protesters because of alleadging this reason against the freedome and lawfulnesse of the Assembly and he is so confident as to think when his Answers are considered not onely will his Readers be of one minde with him in this but that the Protesters themselves will blush that they have proponed it We have a proverb That great words flyeth bairns and so we may also say Great words perswades women and children but men of reason and understanding will ponder what is said Albeit the Protesters did not lay all nor most of the weight of their Protestation against the Assembly upon this yet they did ingenuously and conscientiously conceive that there was weight in it and do think so still notwithstanding of all the Authors great words I wish he had taken the Propositions of the Arguments as they lay and answered them severally and distinctly he doth not so far as my weak decerning can reach tell us his mind plainly and directly either of the first or second Proposition of the Argument but speaks directly onely to these things that are brought by the Writer for confirmation of the second Proposition and to that part of the first Proposition that relates to freedome of recesse I shall first speak a little to the first Proposition of the Argument and then to the application of it The medium is none of the Protesters inventing but hath been generally received and made use of by Divines to prove the unfreedome of Councels where there was truth in it as to the matter of fact as appears first from the learned Review of the Councell of Trent in which this Argument is cleared and confirmed at large Secondly In the Book intituled Adversus Synodi Tridentini restitutionem seu continuationem a Pio Quarto Pontifice indictam opposita gravamina quibus causae necessariae gravissimae exponuntur quare ea Electoribus caeterisque Imperii Principibus Ordinibus Augustanae Confessionis neque agnoscenda neque a●eunda fuerit Which Book I do the rather cite because it doth contain the joynt judgment of many choise and famous Divines and Lawyers of that time Whoso shall be pleased to look either upon the Review of the Councell of Trent or upon these gravamina as they are cleared and confirmed by these Divines and Lawyers shall find this Argument cleared and confirmed at large and so much said of it as would be tedious to transcribe Thirdly the Divines of Breme in the Councell of Dort answering to the Protestation of the Remonstrance think it not enough to say nullae hic vel insidiae struuntur vel ullum periculum intenditur but also adds Quinimo securitas publica omnibus ad accessum commorationem recessum prostatur As to the Assumption I shall onely adde to what is said in the Protestation and the other Paper for verify●ng of it That severall Presbyteries because of the tumults of these times could not meet within their own bounds to choose Commissioners but made their Elections in places far remote as these of the Presbyteries of Edinburgh and Hadingtoun Secondly That many Ministers thought it not safe to stay with their own flocks and therefore retired Northwards some to one place some to another Thirdly None could at that time travell safely on the South-side of Forth without a Pass from the English which was not easie to be purchased and could not be taken without suspicion and therefore though sundry did hazard to steal through yet some were taken prisoners and sent back as sundry Ministers in the Presbyterie of Lithgow 4. To say nothing of these many reproches that were cast upon many threatnings that were used against sundry of the opposers of Publick Resolutions by the Souldiours in their journey to St. Andrews and in the place and in their returning from it all of them were before that time declared Enemies both to Church and Kingdome and Laws made by the Parliament and Acts issued by the Commission to proceed against them with punishments and censures and doth not the Author in this his Vindication tell us that therefore the Clerks Papers which he sent to the Assembly were not read least they should have inferred hazard and danger to him if then he had been there personally and spoken the same things in the Assembly that he wrote unto it which no doubt if he had been present he would have thought himself bound in Conscience to do he could not have done it with safety and yet these were things relating to the Publick Resolutions All these things being put together do make it to appear that accesse to the Assembly wes not safe but full of hazard and danger But I come to the Author his Answers and in order thereto desire it to be considered First That as the want of integrant parts sometimes may be so great that it doth destroy the very being of the body so when a considerable number of integrant parts are wanting it renders the body weak in its functions and operations and drawes along with it many other inconveniences I doubt not but the Author will grant that the number of Commissioners coming to an Assembly may be so few that they cannot make a lawfull and free Assembly as upon the other side I shall willingly yeeld that it is not every want of Members constituent that makes an unfree or unlawful Assembly if either the one or the other should be denied As two or three Commissioners might make an Assembly so the want of two or three might unmake it I think he will also grant that when many Commissioners are absent especially not negligently but upon relevant causes that it is not fit to adjourn it till another time then to proceed to constitute themselves or act as an Assembly So our VVorthy Reformers adjourned the Assembly 1568. from Decemb. 25. to Feb. 25. because many were absent by reason of the troubles of the time and upon the same ground the Assembly 1569. was adjourned from February to March from Sterling to Edenburgh And if the Meeting at S. Andrews had been pleased to read and condescend unto the Supplication that was offered to them under the Hands of many Brethren for an adjournment before their Constitution there had been no cause for these Debates 2. It seems to be yeelded by the Author that wher it can be demonstrated that a good many Commissioners are absent for want of timous advertisment concerning the time and place of the Assembly there is cause upon that ground to except against the Assembly as not free and lawful And the Assembly at Glasgow did put it above question for anulling the pretended Assemb at Lithgo 1606 that at Aberdeen