tryed this being the very way established and constantly followed in all the free and lawfull Assemblies of this Kirk for keeping of her Assemblies pure If the Author will not admit of the removing of any till he be convict and will have those Divines at Dort so to be exponed then let him tell us how he will reconcile them and our Church in this particular But it is easie by the answer which we have given so to do yea it is manifest from the whole scope of the business at Dort that these Divines speak in order to a totall removall which was never desired by the Protesters in reference to the Commissioners But let us turn the Schene a little and suppose that the Belgick Churches had chosen and sent to the Synod of Dort the Remonstrants as their Commissioners and that the Anti-Remonstrants had been cited before the Synod and had proponed as an exception against the Remonstrants sitting in the Synod that they were under a scandall of erroneous and corrupt doctrine which they did offer instanily to prove by comparing their Doctrine with the Doctrine of the Belgick and Reformed Churches in their Confessions and Catechismes and thereupon desired that they might be removed from sitting as Members in the Synod untill this exception were tryed Doth the Author think that the rest of the Synod would or could in reason have refused to grant this desire From all these things I hope it doth appear that notwithstanding of any thing answered by the Author it is a relevant exception against the freedome and right constitution of the Assembly that they did before trying of the Commissioners proceedings admit them to sit as Members of the Assembly notwithstanding of the exception of scandall upon them timeously proponed and offered to be instructed As for that which the Author saith of the Protesters suffering Mr. Andrew Cant with good liking of all of them so far as could be perceived to put Mr. Robert Blair and Mr. William Reate upon the List to be Moderator and that sundry of them gave their vote to Mr. Robert Blair to be Moderator let be to sit as an ordinary Member of the Assembly I answer There were many of the Protesters who had no place to speak in making of the Lâ—st as not being Members of the Meeting and I believe that these did give no token either of their good or ill liking of what Mr. Andrew Cant did in that particular These who voted though they would not refuse to vote in the election of a Moderator as they did afterwards for some time in other particulars not yet despairing of some reasonable satisfaction to their desire of adjourning the Assembly and that they voted to Mr. Rob. Blair as one of the most pious prudent peaceable of that way there being none else upon the List yet did they vote with a Protestation and though they had made no Protestation the most that it would prove were this that from loathnesse to be heard and hopes of satisfaction in a peaceable way they went further with the Assembly then adhering strictly to their right they should have done and I believe a passionate desire of peace did also move Mr. Andrew Cant to put these men upon the List though afterwards when it could not be obtained without prejudice to the truth he saw good cause to Protest against the Assembly as not free and as unlawfull VINDICATION AS for the particulars contained in the Writers large prosecution of this Argument we shall not need to insist much upon them nor yet will we follow him in Answers to his Objections onely somwhat briefly to some particulars and first what is alleadged from the Assembly 1562 80 81. First it had been good the Writer had set down the very Acts related in their full and formar words that we might have seen for every one of us are not keepers of the Registers nor have Copies of them beside us whether they meaned all persons against whom any scandal was alleadged should be removed even before the Assembly be constitute into a Judicatory which was the thing pretended by the Protesters and because not done was the ground of the quarrell for we see not this by any thing that is brought here Secondly we suppose it could not be the minde of these Assemblies that alleadgeance of scandals against persons should be a cause to remove them from sitting in that Assembly as Members altogether unlesse the scandall were clear and unquestionable for the point de jure and so their appointment comes not home to our present case Next for the grounds brought to prove that the Commissioners were under scandall of defection first we grant that hearing of a common report may be a ground of enquiry concerning a matter of scandall but this was not refused about the present case in question Secondly As for that cited from the 1. Cor. 5 1. that proceeding ordered there was an order to present câ—nsure so we may see that the Brother that writeth this is of that minde that the Commissioners upon that common report which he alleadgeth to have been passing upon them should have been without more ado sentenced to censure Good Sir hold your hand for my part I cannot wonder enough that he should have alleadged from the Apostles words so generally without any qualification that common report may be a ground of present sentence against persons as he doth here certainly this ought to have been wel qualified and limited otherwayes a wide door is opened to injustice and undoing the innocent and guiltless men for cannot one or two or some few ill tongues spread an ill report of very honest men and how easily shall that report become common if that of the Poet be true as it is most certainly Fama malum quo non aliud velociùs ullum Mobilitate viget vâ—resque acquirit eundo Therefore a common report that may be ground of so short and summary proceeding must be such as first is of a matter that in point de jure is clear and unquestionably a scandall Secondly For the fact in a manner universall uncontrolled either by the party or any that hath best and nearest notice of his actions both were in that matter of the Corinthian the matter was in jure clearly a hainous cryme Incest viz. having his fathers wife and for the fact the Report that had come to Paul was such as we have said omnino anditur as the Arab interpreter marked by Beza hath it passim in tota achaia and another interpreter on the same place in Marlorat q.d. Sine negatione sine tergiversatione non dubius est rumor sed res manifesta passim cum magno offendiculo publicata In the present case in hand both conditions were wanting the matter was not clear de jure in the main question of it its report was not so common as the contradiction thereof 3. the offence and stumbling of the godly at the Proceeding of the
to the generality of them did then and do at this day agree in this That the publick Resolutions are not agreeable to former principles and proceedings There was cause of stumbling given also to the Godly in regard of the Commissioners their maner of proceeding because a Quorum very few moe of the Commission did lay the foundation of these resolutions not only without the rest of their number but also without advertising a great many of them And so many being absent and not advertised they did in a day or two determine that most grave case which had often before that time been determined in the negative and sent abroad their Determinations to Presbyteries requiring obedience and upon mens offering the grounds of their dis-satisfaction and professing their adherence thereto till satisfaction should be given did issue such Warnings and Acts as we have formerly spoken of I appeal the Author himself whether at the time of the giving of the Answer to the Quaere it was not known to the Commission that many godly and faithfull Ministers and Professors in the Land were averse from employing these men in the Army and had great scruples about it and that many Members of the Commission who were not to be despised had often profest their dislike of it albeit the matter had been lawful surely there was great precipitancy and rashness in the first Resolution which is acknowledged by sober men even of the same judgment but such was the zeal and forwardness of the Court and of some Parliament men on the one hand and the readiness of sundry of the Commission who had before that time declared themselves for that way on the other hand to hearken unto them and the faintness of any that were present to oppose it that hold was taken of the opportunity to do it quovis modo whereby real offence was given to the godly in the Land Si quid importuna levitate aut lascivia aut temeritate non ordine nec suo loco facias quo imperiti imbecillesque offendantur scandalum abs te datum dicetur quoniam tua culpa factum fuit ut ejusmodi offensio suscitaretur ac omnino scandalum in re aliqua datum dicitur cujus culpa ab Autore rei ipsus profecta est are the words of a great Divine speaking of scandals very applicable to this case Next he doth a wrong in making them so ignorant simple and facile as in these things to be led away with the mis-representations and mis-informations of others Many of the most judicious decerning Christians in the Land were stumbled at the Commissions proceedings upon the first hearing of them before the Protesters did make either right or wrong Representations of them I will not say but they were confirmed in the dislike of these proceedings by conference with the Protesters other Ministers of that judgment as they also were mutually edified and confirmed by them but that all the stumbling and dislike did arise from the suggestions and practisings of some or all of the same persons whom the Author calls the Alleadgers and Accusers is not true yea I dare say that albeit all the Protesters and all the Ministers in Scotland had been of one mind with the Commission in the matter the Publick Resolutions yet many of the godly in Scotland would have stumbled thereat It would have been in this case as in the business of the Treaty wherwith many of the godly in Scotland were dissatisfied notwithstanding that there seemed to be a harmony and consent amongst the Ministry there anent That there were more Testimonies for the Commissioners from Presbeteries and Synods then were against them is no great wonder multitudes commonly inclining to the worst side in the day of tentation and they being but few who keep their garments pure yet did not the strength of the Testimonies upon the one hand or on the other ly in the number of the Witnesses but upon the truth and clearness of their Evidence what was testified by the opposers of the Commission was confirmed by clear Evidence from the constant Doctrine of this Church grounded upon the Word of God and set down in the Covenant and Solemn Acknowledgment of Sins and Engagement to Duties and Publick Warnings Declarations Remonstrances c. but not so much as a tittle of these for Evidence on the other side It is acknowledged by the Author himself That the Publick Resolutions was a case not formerly determined by any Publick Judgement of this Kirk and if so there could no evidence be brought from the Doctrine of this Church for clearing and confirming of these Resolutions The Author is pleased to call the Testimonies given against the Publick Resolutions really and in themselves Scandals tending most evidently to the exposing of the Kingdom and of the Cause to the power of the Invaders He was pleased a little above to call them Slanders and so all the godly in Scotland who speak against these Resolutions are upon his accompt Slanderers But these Testimonies were neither Slanders nor Scandals they did contain real Truths and were Duties to which the givers of them were obliged in a backsliding time for delivering of their own souls and preserving the Cause of God from being overborn with a spate of defection and though in many things they acknowledge themselves to be amongst the most sinful yet in this they were so far from exposing of the Kingdom Cause to the power of the Invaders that they hold themselves bound to bless the Lord while they live who gave them mercy to be kept free from that carnal sinful course that did provoke the Lord to give so great a stroak to the Kingdom and the Cause in those dreadful Rods wherewith he hath smitten us since these Resolutions What was the sense that the Invaders themselves had of this I do not well know but this it 's like enough they rejoyced in our Divisions But it was not the opposing of the Publick Resolutions wherein they did directly rejoyce Nothing from us-ward would have been matter of so great terror to them as to have seen us unanimous in separating from and opposing of all Malignant Interests As it was upon the other hand the matter of their confidence and joy that their former quarrel seemed to be justified by the Publick Resolutions which did so much strengthen and promove Malignant Interests if we may beleeve their own Expressions and Letters written from some of the Chief of them to the Higher Powers in England He tels us That for that cause some of the Testimonies were sooner put into their hands then communicated to the Commissioners and they in thankfulness were very thankful to cause print them This is a crimination of no smal consequence to the Name and Fame of these of whom the Author speaks and therfore if he had dealt candidly and spoken truth upon perswasion and evidence he should have told us of what Testimonies he meaned and who
loves not to be led away with errour but to know debate and for thy edification decern on what side Truth and Justice is thou would take heed that thy Judgement be not either blindfolded or byassed and fixed in prejudice by somewhat which may have strong influence this way and that is meerly extrinsecall to the Cause as to truth or falshood justice or injustice There be three things one or moe have I doubt not had influence on the misleading of some already in this matter and may yet I suspect miscarry others and fix some that come to the reading of this Paper with a minde pre-occupyed with one of these Extrinsecall respects REVIEW I shall not contend with the Author about the truth of that General Assertion That things extrinsecal to a Cause may have influence upon mens judgements to byasse them against the weight of reason It doth indeed oft-times fall out so to be especially in things that relate to Religion neither shall I make any application to himself or to the owners and fallowers of the Cause which he defends I wish that all of us on all hands may from the reall sense of the great blindnesse that is in our understandings and many byasses that are in our hearts with much trembling and fear make humble serious and frequent addresses unto God that he would give us rightly to know and in singlenesse of heart to judge of the truth in these things without laying weight on any thing that will not bear weight in the ballance of the Sanctuary But haply indifferent men would have accounted it fairer dealing if not more prudence if he had left the Cause simply to be determined by the weight of his Answers and Reasons and had not so operously and industriously laboured to bring the Reader in dislike with the Protesters by charging some of them with high crimes and endeavouring to weaken the Reputation of all of them by a long deduction and many farre fetched Instances of things on the by If his Answers be strong enough for a batterie what needed these undermindings But it s fit to take some View of these misleading Principles wherewith he chargeth the Protesters and their adherents and of which he desires others to beware least they be thereby also insnared onely this advertisement I give that his charge in all these things runneth onely upon the Principles and Practises of some of the Protesters Now upon supposall that all his allegeance were true what a poor way of arguing would these that are for the Publick Resolutions and for the Assembly at St. Andrews and Dundee account it to tell them over some few of the many grosse Principles and Practices holden and acted by some of their party and from thence to conclude against their professions and to the prejudice of their Cause VINDICATION First selfish Interest it is far from my thoughts to charge this upon all who have concurred in Protesting against and declining this Assembly as the motive that led them thereupon I am perswaded of many of them that they followed that course in the simplicity of their hearts yet I leave it to all judicious indifferent men to consider give their judgment if it be not very apparent that somewhat of this kind was the spring that moved some the prime contrivers and sticklers in this businesse who having adventured upon such high courses and attempts tending to the violation of the Nationall Faith renting and ruining the Kingdom trampling upon Authority and carrying with them tenents contrary to the minde and Practice of all Orthodox Kirks and to the Faith and not being able to abide triall in these things by an Assembly who in themselves was not able to bear the sway and carry things to their minde and finding others in simplicity of heart with them disliking some Publick Resolutions and Actings and so apt to be led on with them upon any course that could be presented with the colour of a Testimony against these Resolutions and Actings found it safest for they rather altogether do disclaim the authority of the Assembly then to hazard upon a fair and orderly tryall of their matters yea have we not seen some already ship in and land out of and ship in again in that Protestation according as they conceived the winde of affairs then in the time to blow with or against it to credit or discredit advantage or disadvantage conscientious men would beware now that this same motive or interest do not prevail over them to neglect due Examination of the grounds of that Protestation or to close their eye against such light as might haply be holden forth in this matter to the discovery of the lightnesse and non-relevancy of these grounds and reasons Therefore put reputation and dis-reputation in the estimation of men advantage or dis-advantage worldly to thee and thy condition put off thy sight for a while untill thou hast pondered and compared reason with reason REVIEW In the Application of this Principle of selfish interest the Author assoils some conceiving them to be led on in the simplicity of their hearts by the subtilty and misguiding of others whom he charges with adventuring on high courses and attempts tending to the violation of the Nationall Oath renting and ruining the Kingdom trampling on Authority and carrying with them tenets contrary to the minde and practice of all Orthodox Churches and to the Faith c What is all this but the way if not very near the words of the Prelaticall and Malignant party against the Instruments of the Work of Reformation Anno 1638 and thereafter who because the Integrity of some of these Instruments was above exception they did cast the appearing of these in that Work upon their simplicity and did charge others with falling on a course of rebellion as not being able to endure triall in the high crimes whereof as they said they were guilty but the Lord ere long did make their righteousnes break forth as the morning and their clearing as the noon day and I trust that he who knowes the Innocency of these Protesters upon whom the like things are charged shall also shew them the like mercy in Vindicating them from all the reproach that hath been unjustly cast upon them But to the point if these prime Contrivers and sticklers in the businesse had before that time adventured on such high courses and were guilty of such grievous crimes as the Author chargeth them with then surely these simple ones of whom he speaks were simple exceedingly who could see nor discern none of these things that were so obvious to the view of others but notwithstanding of what he sayes they are known to sharp sighted decerning men and for learning circumspection judgement prudence and experience in the things of God and the Affairs of his house to be far beyond these whom he takes for the prime contrivers and sticklers in the businesse and to be inferior to none of their opposers yea if
the Committee of Estates were about the condemning of the Remonstrance they having it in Commission from these that sent them and thinking it incumbent to them in duty to desire an answer and in such an exigent to professe their adherence thereto did make application to the Committee of Estates for that effect after which the Committee of Estates did pass severall Votes condemning the Remonstrance to the great grief of sundry of their own number who did dissent from it and protest against the same and the sentence of the Committee being communicated to the Commission of the Church and they also desired by them to give their judgement of the Remonstrance These who were sent from the West did earnestly supplicate the Commission before they should give any sentence upon the Remonstrance that they would be pleased to allow them some time till they might return and communicate with these who had sent them hoping that all of them would give such an explication or their meaning in the things which were stumbled at as would satisfie the Commission Which desire seemed so reasonable in it self and necessary at that time for preventing of differences and the grieving of the spirits of many gracious and godly men who had been faithfull and zealous in the Cause from the beginning that many Members of the Commission did earnestly presse that it might be granted especially seeing they had met with so great disappointment in the carriage of the Committee of Estates in order to that business yet notwithstanding hereof it was refused and the Commission did proceed also to condemne the Remonstrance and refer the further sentencing of it to the General Assembly sundry of these who were at Sterlin being now gone and some others come from places more Northward which gave occasion to sundry at that time to apprehend that which is now plainly profest by some considerable Members of the Committee of Estates who were eager in condemning the Remonstrance that if they had not been put upon it by some Members of the Commission they would not have done â—t from this vote of the Commission a considerable number of their Members about sixteen or seventeen as I remember did dissent and the persons interessed in the Remonstrance did protest and I fear not to say that this peremptory precipitant and needlesse haste of the plurality of the Commission in that particular was a great occasion of all the division and rent that followed thereafter In the mean while the Malignants who had risen in Arms were agreed with and an Act of Indempnity was past to them and Colonell Montgomerie was sent against the Western Forces with directions to force them if they would not willingly agree to the States demands and it was no great wonder if after so many dayes staying at Sterlin and Perth they thought fit to return home when not only the edge of the censures of Church and State but of the Civill Sword which was just now imployed against the Malignants that rose in Arms without any warrand is on a sudden turned against the Western Forces which were raised by their special Warrant and encouragement exprest in diverse Acts and frequent Letters VINDICATION FOurthly Taking upon them to determine matters of most publick and greatest concernment antecedent unto and without so much as once speaking or waiting for the judgment of the Publick Judicatories to which the determination of such matters do belong and private men and inferiour Judicatories ought to have their recourse to before they take upon them to eâ—it any determination thereanent witnesse the Western Remonstrance determining the exclusion of the Kings Interest out of the quarrell of the Defensive War before any advice or sentence given thereupon or once sought from any Publick Judicatory REVIEW THe matter of most publick and greatest concernment which he alleadges they take upon them to determine was the exclusion of the Kings interest out of the quarrell of the defensiue War before any advice or sentence given thereupon or once sought from any publick Judicatory but they did not determine the exclusion of the Kings interest out of the quarrell of the defensive war otherwise then it had been before that time determined both by Church and State by their joynt Declarations at the West Church of the date 13. of Aug. 1650. which at the time of the contriving of the Remonstrance was standing unrepealed and to which there was the more reason then to adhere because the King had deserted the Publick Counsels of the Kingdom and joyned himself to the Malignant party I know there are two things here alledged 1. That that Declaration at the West Church was repealed by the Kings subscriving the Declaration emitted by him at Dumfermeling a litle thereafter 2. That the Remonstrance goes a greater length in excluding the Kings Interest then that Declaration at the West Chutch To the first of these I answer that the Kings emitting of his Declaration did not in the Judgement of the Committee of Estates and Commission of the Church repeal the other and therefore the other Declaration had been sent unto the English Army before the King did emit his Declaration so after that upon the emitting and sending thereof to the Generall of the English Forces he did make a return importing their sense thereupon The other Declaration at the West Kirk with a Letter was sent back intimating that we did still adhere unto and intend to fight upon that state of quarrell contained therin to the other it was often offered by these who came from the West that if there was any thing in the Remonstrance that seemed to go a greater length in that particular then the Declaration at the West Church had done they were willing to explain it and to fight on that state of the quarrell that was contained in that Declaration without adding altering or diminishing but that was not accepted of and order was given a litle thereafter to Colonell Robert Mountgomery to desire or force them in the West to joyn under him and fight for the Kings interest in all his Dominions as afterwards the Meeting at Dundee did ratifie all the proceedings of the former Commission excepting that Declaration of the 13. of August which as it did insinuate a tacite condemning thereof and of that state of our quarrell and cause upon which we have fought these 13. years past so did it insinuate a new state of quarrell in order to the Kings interest VINDICATION FIfthly emitting causes of a Publick fast and sending them abroad to all the Presbyteries and Congregations of the Kingdom being but private men and not having Authority nor being a Publick Judicatory witnesse the Fast appointed and Causes thereof emitted from Striveling the 1. September 1650. wherein take these things to consideration 1. The Meeting that emitted these Causes were no Publick Judicatorie but some members of the Presbytery of the Army and some of the Commissioners 2. That sundry godly and understanding
men in that Meeting earnestly endeavoured that condescending upon Publick Causes of the wrath of God manifested in that defate at Dumbar as Causes of a Fast might be delayed untill the week next following that there might be a full Meeting of the Commission conveened together to go about that purpose with Authority and more deliberation but were born down by the vehemency and head-strong forwardnesse of some who are chief men in this Protestation professing so much respect to the established Government of this Kirk 3. That there was no necessity of haste in emitting particular Causes there was rather much danger in doing it upon so short deliberation seing the publick calamity and known publick sins was causes evident enough to all of humiliation for the present and within lesse then eight dayes a Meeting of the Commission might have been conveened as it was de facto conveened within that space to condescend upon particulars all these things being considered was it not usurpation and contempt of lawfull Authority and the Government established in this Kirk to say that the Commission at their Meeting which followed did approve of the causes emitted by them it doth not avail to clear them from usurpation and contempt of the Government for to say nothing of that that the Commission did both alter somethings in them and adde to them about recommending prayer for the King as well as mourning for his sins in the humiliation which was seemed to have been purposely left out as appeared by the debate made about it when it was mentioned and desired in the Commission for the space of half an hour at least by Mr. James Guthrie and the Register to say nothing of this that which the Commission approved was the matter of these causes and not the way of emission wherewith many of the Commission shewed themselves exceedingly dis-satisfied as a practise without example and a preparative tending to the overthrow of the Authority of Government but did forbear to challenge it at that time for peace sake REVIEW THere is a great deal adoe here for little or nothing which saith that there must be some mystery in the bottom before I come to discover it I shall make answer to the particulars alledged First by a narration of the History as it was in matter of fact and then by taking off the things which are challenged by the Author Our Army being defeat at Dumbar upon the Tuesday morning and some of the scattered Forces having retired towards Striveling in the end of that week a considerable number of the members of the Commission and Presbytery with the Army did meet there to take in consideration what was fit for them to do in that juncture of time affairs and after mutuall debate and advice finding that in all appearance they might be driven from thence and scattered one from another very suddenly the Town then not being fenced nor any furniture or provision in it nor we having any bodie of standing Forces in the fields to interpose betwixt the Town and the Enemy and the hand of God laying heavy and sore upon the Army and upon the whole Land by that dreadfull stroak at Dumbar they thought it expedient that there being one or two wanting to make a Quorum of the Commission and these of the Commission who were present being also members of the Presbytery of the Army and sundry other Ministers who were also members of that Presbytery being present that they should set down the heads of these things for which as they conceived the Lord had smitten us send them abroad to the Presbyteries throughout the land with a Letter written from the Presbytery of the Army not injoining them as causes of a humiliation to be keeped by any Authority but humbly representing them as their thoughts â—n so sad a time and desiring their brethren to join in a publick Fast and humiliation thereupon What usurpation or contempt of lawfull Authority and the government established in this Church was here As to the things challenged by the Author they did not assume to themselves any authority but onely write their humble advice as their Letter did humbly shew and this they might do yea it was expedient for them to do it as things then stood neither were they so private as the Author insinuates the Author speaks a little diminutively of them when he cals them some members of the Commission and some members of the Presbytery of the Army there wanted but one or two of a Quorum of the Commission and the Presbytery of the Army was numerous and well conveened as many certainly as gave them power to Act in any thing that was fit for the Presbytery to meddle with These sundry godly and understanding men of whoâ— he speaks who were for a delay were but a few and when the rest of their Brethren did not finde it expedient they did not eâ—ter any dissent which belike they would have done if they had thought it a busines of any such consequence as the Author would â—ow make it when he sayeth they were born down by the head strong forwardnesse of some professing so much respect to the established government of this Church He doth but shew himself like the man who wanting better weapons did throw feathers at his adversary which did manifest a great deal of desire to reach blows but drew no bloud all the Protesters who were then present were two or three at most and they had no more voices but their own but it seems that in some mens judgement where ever any Protesters are they must bear the blame of all the things that are conceived to be done amisse As to the next there was a necessity because there was no appearance that they would get leave to stay together for to meet with any conveniency for a long time thereafter let be that the Commission might meet within eight dayes as the Author asserts It will be acknowledged by such as knew the truth that if the English had at any time within eight dayes after Dumbar either advanced with their whole Army or sent any considerable part thereof to Striveling they had in all appearance gained that place and so made an easie passe for themselves to overrun the whole Land and was it not every bodies fear that they should so have done at that time yea did not all of us many time blesse God that they did it not And what could be the danger of emitting these causes by way of humble desire and brotherly representation seing they did medle with nothing but that which was palpable and manifest yea which for the matter had been condescended upon by the Commission before that time and was as the Author himself acknowledgeth such as the Commission did at their next Meeting approve the onely thing that had any shadow of newness in it was that of the crooked and precipitant wayes that had been taken for carrying on the Treaty with the King
but neither was that new because the Commission at Edinburgh before the Kings home comming had in a very large Letter to the Commissioners at Holland holden forth their great dis-satisfaction with the Proceedings of that Treaty in many particulars and the Commission at Leith before the defeat at Dumbar had also holden forth the Malignant design that was then carryed on and had given it in as a publick cause of humiliation to the Committee of Estates It is true that the Commission was de facto conveened within eight dayes but as we have already said It was not propable at the time or emitting these cause that it should so have been and I pray the Author or any rationall men soberly to think what motive but the sense of duety and the pressing expediencie of the thing should have induced these Protesters of whom he speaks to be so headstrong and forward to anticipate the Meeting of the Commission seing they had ground to think that the Commission at their Meeting were like to condescend on these things as causes of Gods wrath which was verified thereafter by the approving thereof but the Author tels us that the Commission did both alter somewhat of which I shall afterwards speak and adde some thing to wit a Postscript recommending prayer for the King aswell as mourning for his sins which by the debate that was made against it by Mr. James Guthrie and the Register for the space of half an hour as he sayeth seemed to have been purposely left out and that which the Commission approved was the matter of these causes and not the way of emission wherewith many of the Commission shewed themselves dis-satisfied as a practice without example and a preparative tending to the overthrow of the Government The Commission did indeed adde that postscript concerning prayer for the King against the expediency of which addition to be made at that time Mr. James Guthrie and the Register did for a little debate how the Author should know so exactly the measure of the time I leave it for himself to answer the ground of their so doing was not that which he alledgeth the Register hath many living witnesses that he was no adversary to praying for the King and Mr. James Guthrie having keeped that humiliation publickly in the Congregation at Striveling before the Commission did meet or make any such addition did pray for the King and why should they have opposed that which was their own practice the Author is a little beyond due bounds when he sayeth it seems to have been left out of purpose their debating against the adding of it was because at first they did not conceive that there was any necessity to make an expresse and distinct Article of that more thâ—n of many other things which we were no lesse bound to pray for it being a thing so obvious common and ordinary and that now to adde it was to minister occasion without ground to make others conceive that it had been indeed formerly left out of purpose and so to raise needlâ—â—â—e jealousies and supitions of some as being disaffected to the King Next because they took it to be included in the causes formerly emitted though not expresly yet so as might be memorandum enough for decerning men not to omit it he that mourneth rightly for the Kings sins will also be an intercessor to God for him to bestow upon him the contrary graces and vertues I shall not debate with the Author whether the Commission did approve only the matter or also the way of emission of these causes sure I am they did not condemn the way of emission and if he shall be pleased to look upon the tenour of the Letter that at that time was written by the Commission to the severall Presbyteries wherein these causes are mentioned he will finde something that looks towards an approving of the way of emission as well as of the matter it is true that some of the Commission shewed themselves exceedingly dis-satisfied yea more exceedingly then was fit and beseeming their place and parts or the gravity of such a meeting but they were but some and not many if it was a practice without example it had also a ground without example but if the Author shall be pleased to peruse the Registers of the Church I believe that he shall finde examples of particular Presbyteries sending their advice abroad concerning causes of a publick humiliation and that the members of the Commission in things that were clear and unquestionable and could not admit of a delay have sometimes when they wanted one or two of their Quorum done some things of publick concernment let him look upon the Registers of the Presbyterie of Edinburgh and of the Commission and he will find ir so That it was a preparative tending to the overthrow of government I cannot see when I look upon it as impartially as I can I know that he formerly called it an usurpation and if it had been so there were some ground for this new charge but I trust I have sufficiently vindicated it from usurpation and therefore there is nothing brought that can bear the weight of this But for the discovering of the mistery of all this businesse upon which so great a stresse is laid I desire the Reader to be informed that when these causes of humiliation were first sent abroad one of the Commissioners of the Church who had been imployed in Holland in the matter of the Treaty with the King conceiving that his carriage in that imployment was reflected upon in that article which speaks of the crooked and precipitant wayes that were taken for carrying on the Treaty with the King as one of the causes for which the Land ought to be humbled he did take it so impatiently that not only did he declare that he could not read these causes as they were first emitted and that if they should be read in the Congregation wherein he had charge he behoved to make some Protestation or bear some testimony against them but also when he came te the Commission did sharply chalenge the way of emiting of them the want of an article relating to prayer for the King and that Article concerning the treaty as reflecting upon the carriage of the Commissioners of the Church imployed in Holland in that businesse because the Article as it was first emitted did mention the crooked and precipitant wayes that were taken by sundry for carrying on of the Treaty without restricting the same to our Statesmen therefore for peace sake and to give him satisfaction a Postscript was added to the Letter which was at that time written by the Commission and sent to Prebyteries concerning prayer for the King and the Article concerning the Treaty with the King was some what altered by restricting the sundry that are spoken therein to sundry of our statesmen whereas before it was indefinite and without any such restriction and these are the additions and alterations that he
means of but I do well know that the men of that Meeting who are most slandered as the plotters and contrivers of such things had neither head nor hand nor heart in that Paper and if I rightly remember I heard it asserted by the Author of it there was no other head nor pen in it but his own these who know him wel may think that he hath that much ability as to reach the stile contrivance and conceptâ—ons in these Articles and therefore whilest the Author speaks these things by the way he hath gone a little out of the way That which he would have chiefly observed in this passage is To what purpose in this place are brought in these unfaithfull men the Prelates who minding thâ—iâ— own things c. and such an inference made thereupon as tendeth to bear all in hand that shall happen to read the Protestation that the Brethren that have been lately and are opposite â—o the Protesters have been and are treading the steps of these unfaithfull men the Prelates and heir mentioned practises and shrewd suggestions as he cals them on which he wâ—xeth hot in the Vindication of his Brethren and in recriminations upon others but I desire him and others who read these things in sobernesse of mâ—nde to consider first that the estimation which the Protesters have of the ability and godlinesse of sundry of the Brethren who have been and are opposite to them in the Publick Resolutions is above exception and manifest I hope to the Consciences of these Brethren themselves 2. That this needs not nor ought not to hinder them to give their judgement of their way in order to the Publick Resolutions if so be it be done without personal reflections so far as is possible 3. That as the Author hath distinguished before there is a difference between mens intention and their work men may be treading the steps of defection as these unfaithfull men the Prelats did who yet do it not with an unfaithful and prelatical mind even as in these same very times of the course of defection that was carried on by the Prelats there was sundry able and godly men ingaged therein without whose help it could not have been so easily nor unobservedly to many carryed on by the multitude of carnall and corrupt men who would have been but a small credite without these other 4. That if the Protesters had had to do with these onely whose faithfulnesse integrity honesty and constancy in the truth have been so wel known and sealed by God they had haply expressed themselves some other way but they had to do in this particular with all those who owned the publick Resolutions and amongst these were many yea not a few active leading men members of or assisting unto the Commission in these things and in the Meeting at Dundee who were deeply engaged in the Prelaticall way as not onely their subscriptions in the Bishops black Book which is yet extant and can be produced if need were but also the tenour of their carriage for a long time did witnes and I fear it of not a few that though they seemed to forsake these things with the changes of the time yet have they not repented thereof unto this day not that I would fetch all those whose names are in that black Book and others the like books and who were involved in these courses under that compasse I know that sundry of them have from their very hearts repented of and do from their souls abhor that way I mean even of these who are for the Publick Resolutions but this Church hath been so sâ—nsible that there is cause to think otherwise that she hath several times given warning thereof in her publick Papers and who knoweth not that throughout all the Land these who had been most indifferent and luke-warm in the Cause of God greatest underminers of it most Prelaticall in the times of the Bishops most Malignant in James Grahams time and in the time of the unlawfull Engagement and most designing and active to carry on the Treaty with the King in a wrong way and without security to Religion yea and such as were scandalous in their life and conversation were for the most part amongst the most zealous and violent for the Publick Resolutions and are so still now the course it self being evill and envolving a foundation of defection owned and countenanced and zealously promoted by all the lukewarm Prelaticall and Malignant scandalous men in the Land was there not doolfull experience of such backsliding in the time of the Prelates to be stirred up in our selves and to Protest and testifie to others against things though sundry godly men were engaged therein nay the more need there was to speak plainly least their ability and godlinesse should be a snare to any 5. Whatever the Author is pleased to alledge the Protesters do not despise any of those who have been honoured of God to stand constant against Prelats usurpations and for the Liberties of Assemblies they acknowledge that they owe much to such and though they cannot but testifie against the ill of the Publick Resolutions yet they do retain a honourable Impression of these persons and of what is good in them 6. If it were fit to compare sundry of the Protesters are in nothing yea in none of these things which the Author mentioned as praise worthy behinde with the very chief of these who have appeared for the Publick Resolutions but both of them are by the grace of God that that they are 7. That none of the Protesteers for any thing that I know did take unwarrantable orders from the Prelats and do more to accept one who hath often in private and in Publick acknowledged and is still ready to acknowledge the sin of that way in which he was bred up from his youth and therefore did it ignorantly through unbelief who because of the exceeding riches of the mercy of God in recovering him out of that snare holds himself the more bound to be vigilant and zealous against all desertions for the time to come this man hath forbidden me to say any more to the Author in answer to these things but these words dignus ego qui patior indignus tu qui faceres tamen and to leave the explication to his own conscience 8. It had been fairer dealing in the Author to have discovered or named the Prelaticall steps that some of the Protesters have troden these years past and not thus to have asserted without any proof or instance which he thinks a fault in matters of lesse moment The steps that these men have troden these years past in their Publick Actings for of these I take the Author to mean were for the matter the same that were troden by himself and by sundry leading men in the Publick Resolutions who were also leading men in all these steps from the highest to the lowest and I do not think though not a few be he is come that
provocations which are great and many they would by this also have been accessory to what the Nation smarts under this day as the righteous reward of such revolting from God and therefore if ye have no more to instance but this it doth not prove but that they may all of them be still called faithfull and honest men Secondly he sayeth Be it so that some were wont to be chosen Commissioners who were not now chosen yet this is litle to the point that Elections was carryed by influence of the Commissions Letter and Act. But granting that Presbyteries did upon that Letter and Act leave their wonted way these years past in thâ—ir Election it is to the point in hand because it is praesumptio juris de jure that this change flowed from the influence that the Letter and Act had upon them the Author seeing somewhat of this intimates another cause that moved that change to wit that the whole Kirk was growing sensible of this thing as dangerous whereby the whole power of Publick Government was near become settled in the persons of some particular men and these but a few as constant Commissioners in which he thinks there will be need to pre-limite Presbyteries that they make not an use of it If the Lord shall be pleased again to grant the Liberty of an Assembly But to say nothing that this was the language which was wont to be spoken by dis-affected men these years past especially dis-affected Ministers who fell under the censures of the Church whose pretences and alleadgeances in this particular have strength added unto them by the Authors asserting the same thing It is non causa pro causa as will appear by these two things First there were a good many of these who were for the Publick Resolutions who had wont to be Commissioners these years past and who had a great some of them a greater swey in Government than the other and yet most if not all of these were chosen also the last year Now if that was the cause which the Author speaks of why did it not bring forth the like effect in regard of both seeing both were alike lyable to that exception Next if the whole Church was so grown in the sense of that evill why did they not provide the remedy at the last Assembly it being in their power so to have done and the Commissioners as the Authors assertion will import having such an impression of the same upon their spirits If the Author will speak his Conscience I think he will not deny but if these men whom he saith to have been excluded upon that ground have been for the Publick Resolutions even these amongst them whom that ground might have been conceived to reach most would have been chosen and admâ—tted Commissioners as well as others If the whole Church was growing sensible of this thing surely the Meeting at St. Andrews did litle regard or expresse it when they choosed one to be their Moderator who not onely had been Moderator of the former Commission whose proceedings were then in question and to be examined but also in many preceding Commissions and Aâ—len biâ—es and who had been a chief Aâ—tor all that while in all these things that concern Publick Government which I speak not to bear any paâ—ticular blame upon him or upon his carriage but to let see that either the whole Church was not growing sensible of this as the Author insinuates or else that hâ—r sense of it in her Representative was let out or holden in upon men according to their judgment and carriage in the Publick Resolutions and so was not the cause of the Presbyteries not choosing such as they were wont to choose Thirdly Thaâ— few opposers were chosen he thinks it is no wonder because they are but few in comparison of the rest of the Ministery of the Land How few soever they were in comparison of thâ— rest of the Ministery in the Land yet these of them who were formerly wont to be chosen Commissioners were not few in respect of the rest of the Commissioners neither yet were they so few as the Author reckons them when he sayeth that four parts of five of the Presbyteries had in them at that time no opposers to the Publick Resolutions nay they were and are still a very considerable number and whensoever an exact calculation shall be made by a particular list of the whole Ministery in the Land and of these who were against the Publick Resolutions at the time of the Elections and of the whole Commissioners of the Assembly at S. Andrews and Dundee I believe it shall be found that the number of Commissioners who were chosen from among these who were against the Publick Resolutions waâ— no way in proportion answerable to the number of the other That some unsatisfied were chosen without another Election and without Protestation even when neither whole Societies were unanimous against the Resolutions not yet the plurality were opposers he doth affirm it but doth not prove it for the instances which he gives of the Commissioners both of the Presbyteâ—y and University of Aberdeen prove nothing lesse For the University the Letter and Act came not to it at least were not read in it and the plurality there were opposers of the Publick Resolutions And for the Presbytery by his own grant there was a Protestation against the opposing Brother who was chosen which was taken up again with much difficulty and by earnest dealing of some of the Brethren opposite to the Publick Resolutions whose desire was condescended unto with condition that their should be a third Commissioner it being in the mean while suggested in private that he who had first appeared in the Protestation against the opposers might be the man which I relate not upon hear-say but upon the subscribed testimony of these who were witnesses to the matter of fact So I hope that nothing against the truth hath been asserted by the Writer in this part of his Answer The Author sayeth in a Parenthesis that dissenting in the enumeration is idlely reckoned up Why he should say so I do not conjecture unlesse that it be he thinks dissenting and protesting the same thing which they are not as appears clearly from an Act of the Assembly 1644. concerning dissent and Protestations in Presbyteries He seems unsatisfied with the Writer that whilst he makes enumeration of elections of Presbyteries divided in judgment some doubted some dissented from or protested against some both wayes that he gives no particular instances of all these sorts but only two and he tells his Reader that he suspects he can give no more or very few But he is suspicious without cause moe can be given and are given by the Writer in that very Paper that the Author is replying to and moe then all these can yet be given if need be And though they were but few this is no great wonder because there was but few Presbyteries did choose
must not choose any to be Commissioners to a General Assembly that teaches Doctrine contrary to the word of God and Constitution of the Kirk agreeable thereunto and therefore if a Commission of the Gen. Assembly or any other Kirk Judicatory according to their interest perceiving Ministers throughout the Kirk teaching contrary to the truth or practising to the prejudice of the true Religion should writ to Presbyteries desiring them not to choose any such Commissioners to a Generall Assembly this were no undue pre-limitation or prejudging their Liberty in election but a necessary and lawfull warning puttting them in minde of and stirring them to a duty whereunto they were bound though no such direction were sent to them This laid down in generall as to that Act and Letter of the late Commission sent to Presbyteries we say first That the Commission did nothing therein but that which other Kirk-Meetings and Commissions had done before them in the same matter in relation to the election of Commissioners to the Generall Assembly all which must fall unto the ground as null unfree and unlall if the late Generall Assembly be unfree and unlawfull in its constitutions Vpon this accompt We must look back to the Generall Assembly at Glasgow 38. it self what directions were sent from the Tables then at Edinburgh in relation to electing Commissioners thereunto Next we must refer also to the Letters sent to Presbyteries by the Kirk Commission annis 1639. 40. 41. concerning Commissions to Brethren to these Generall Assemblies all which are yet extant in Presbytery Books but we shall content our selves to hold near hand the late Commission did nothing but what the Commission did in the year 48. wherein the chief Protesters had a chief hand and yet maintain the lawfulnesse of that deed and the freedome and lawfulnesse of the constitution of that Assembly that followed thereupon To this the writer of the large Paper replyeth sundry things in answer to Objection 1. But nothing to take away the force thereof First he hints at two differences between the one and the other as he would have the reader think he might make use of but passeth by as having to say beside To say nothing saith he of the difference of reference and citation neither yet of the difference of a Letter and Act importing that there is a considerable difference between these things and that the Commission 48. appointed persons dissentient from them onely to be referred and did send a letter onely whereas the Commission 50. made an Act also and appointed Persons also to be cited to the Generall Assembly to which we oppone first the difference between a citation and a reference when the reference of a person to be tryed and judged on a fault and the person is present at the reference is just nothing see Assembly 1643. Session 2. Aug. 3. Overtures anent Bils c. And I desire the Writer to say if it was not the purpose of the Commission 48. when they did require Presbyteries to refer such to the Gen. Assembly that there should be laid on them an obligation legal to compear personally before the Gen. Assembly for tryal and sentence upon them and what else is the end of a citation and summonds nor yet is the more difference betwixt the Act of the Commission and persons to be referred or cited by Presbyteries and a Letter requiring it to be done for is there not an Act for such a Letter and the matter of it and hath the Letter it self the force of an Act would not the refusing of what is desired be counted disobedience to the Commission But it seemeth the Writers memory hath failed here behold an Act in terminis as it stands registrate in the Commission book the 5. of June 1648. The Commission of the Generall Assembly recommends earnestly to Presbyteries to take speciall notice of every Brothers carriage in the Publict business that if any be found that do not declare themselves a-against the present Malignant course nor joyn with their Brethren in the Common Resolutions thereof they be referred to the next Generall Assembly and if any of them have already declared for it that they be presently censured fic sub Andrew Ker. This may make us doubt the more of alledgances of this kinde afterwards in matters of fact when we see not clear and circumstantiat testimonies of Registers brought forth REVIEW IN answer to what is here said by the Author I acknowledge that the elections of Commissioners in Presbyteries ought not to be such as is bounded with no limitations and that if any Commission of a Generall Assembly or any other Church Judicatory according to their interest perceiving Ministers throughout the Church teachâ—ng contrary or practising to the prejudice of the Truth should write to Presbyteries desiâ—ing not to choose any such Commissioners to a Generall Assembly this were no undue pre-limitation or prejudging their liberty in election I believe that none of the Protesters will differ from the Author in this That Presbyteries ought not to choose any to be Commissioners that teaches doctrine contrary to the word of God and Constitutions of the Kirk agreeable thereto and if the Commission in their Letter and Act had terminated themselves within these bounds no Protester would have controverted with them about it and I think neither will he controvert with them in this that if a Commission or any other Kirk Judicatory teach doctrine contrary to the word of God and to the constitution of the Church agreeable thereunto and write to Presbyteries to choose none to be Commissioners to the General Assembly who doth oppose such doctrine that this is a pre-limiting and prejudging of Presbyteries in the liberty of their elections according to these condescentions The Commission in the 51. having sent to Presbyteries a Letter and Act before their elections relating thereto It seems unavoidably to follow that some limitation and direction there was in that Letter and Act concerning the elections But all the question is whether it was a limitation warrantable or unwarrantable Now if so why hath the Author so cautiously and so much wrastled to deny that that letter and Act had any influence upon the elections in Presbyteries if it was nothing but a necessary lawful warning putting them in mind of and stirring them up to a duty whereto they were bound though no such direction had been sent unto them then there was no cause to be affraid of the loosing of any ground by acknowledging of its influence the Authors long wrangling about that doth either seem to say that he is suspicious of the limitation contained therein as not being warrantable or else that he hath too great goodwil to dispute seing this would have been a short and satisfying answer The Commission in their Letter and Act did put no bonds on Presbyteries in the election of Commissioners but such as are well warranted by the word of God and Acts and Constitutions of this
formal authoritative Act requiring them to be referred and cited VINDICATION NOw to our present purpose if ye will compare this Act of the Commission 48 with the Act and Letter of the Commission 51 not in question The Letter will be found much more moderate and sparing for first the Act and Letter of the Commission 51 doth not require the Presbyteries to censure any at all for opposing Publick Resolutions but onely requires them to be referred and cited to the Generall Assembly whereas the other 48 requires that all who did declare in the least against the Resolutions be censured presently sundry being deposed namely for speaking some few words against the Commissions Declarat against the engagement 2. the Act Letter of the Commission requires not as the other duty any to be referred for meer silence nor all that professed themselves unsatisfied with the Publick Resolutions though after conference they remained unsatisfied but only such as make opposition to the Publick Resolutions Yea only such as continued in their opposition obstinate all due means of satisfaction being offered and refused to the hindering people from going forth to the present and necessary defence of the Land and not drawing others from it which at that time was a most evident exposing of the Land without resistance to the power of the Enemy This much to the second Difference hinted at and professed to be past by REVIEW I Desire that in making of this comparison it may be taken notice of that the Commission in the year 1651. had long before the sending of that Letter and Act now upon debate sent to Presbyteries not only Publick Warnings wherein the opposits of Publick Resolutions are characterized as Malignants and holden forth upon the matter as the betrayers of the Cause and Countrey and animating the Civil Magistrate to use Civill Censures against them as shall be afterwards proved from the Papers themselves but also a Letter and Act requiring them to censure such the tenour hereof followeth Reverend and Welbeloved Brethren finding that notwithstanding of our faithfull Warnings and great pains taken to satisfie all men to concur in their places for furthering of the Leavies for defence of Religion King and Kingdome and all other our dearest Interests many are so far from concurring that they do very vehemently go about to obstruct the Work by writing preaching and perswading to the contrary We do therefore require you that you carefully enquire in your Presbyteries what Ministers do preach or otherwise perswade contrary to our present publick and published Resolutions and that you proceed to censure such as are in your own number and if any Minister that travels among you transgresse in that kind let him not be permitted to preach in your bonnds Sic subscribitur Pearth March 20. 1651. It is not then to much purpose to tell us that the Act and Letter of the Commission doth not require the Presbyteries to censure any at all for opposing of Publick Resolutions seeing they had expressely done it long before that time in another Letter and Act sent for that purpose and the second thing wherein he compares them will also be found no wayes considerable if we shall remember that these Warnings of which we spok hath no distinction of such as professe themselves unsatisfied with Publick Resolutions and such as do oppose them but takes in both the one and the other yea and these who are silent too and applys the Acts of former Generall Assemblies against them as is evident from the Warning issued from Pearth March 20 1651. I wish the Author had told us how he differences such as professe themselves unsatisfied and such as oppose Can a man professe himself unsatisfied and even after conference professe himself so and yet be silent and say nothing to the contrary I believe he means not opposition by force but a Ministers declaring his judgment and bearing testimony against the course in his station and calling and how a man should professe himself unsatisfied and not to do this I cannot tell unlesse he should become neutrall and indifferent in the matter of his duty He asserts sundry to have been deposed in the 48. namely for speaking some few words against the Commissions Declaration against the Engagement but doth not let his Reader know who these were and by whom and when they were deposed I do not remember of any neither yet do others who were much imployed about these matters that were deposed by the Commission for speaking against their Declaration against the Engagement before the Assembly 1648. and if he mean it after the Assembly it is not to the purpose Which things make it appear that the Author hath not found the Commission 48 so rigide and severe that he hath any cause to preferre the Commission of the 51 unto them for moderation and sparingnesse though there were no difference upon the matter and in regard of the persons with whom they had to do VINDICATION NOw to the rest insisted on First saith the Paper in the year 48 when a little before the election of Commissioners to the Generall Assembly it was moved by some of the Commission that something might be written to Presbyteries requiring them to choose none but such as were against the Engagement it was opposed and refused by the Commission as favouring a way of pre-limitation of the Assembly and all that was there done was a Letter written to Presbyteries giving them accompt of their proceedings and exhorting them to their duty to choose able and faithful men Answer That more was done in the preceding Generall Assembly we have made it evident But what is all this said here to what was alleadged that the late Commission had done nothing but what the Commission 48 had done before them Did the Commission 51write to Presbyteries requiring them not to choose any against or opposite to their resolutions to be Commissioners not one word more or lesse of this Or did not the Commissions Act 48 bear and import as much as the Act and Letter of the Commission 51 yea as much and more both extensive and intensive as was cleared in the preceeding But you will say as it is in the Paper in the Commission 48 about that time that a motion was made that something should be written to require Presbyteries not to choose any but such c. and was opposed and refused as favouring pre-limittation Answer I will not say who made the motion but I say this is to little purpose for what if I shall say the like motion was made in the Commission 51 and opposed and refused too But further I prove by the Writer of this Paper his grounds what the Commission 48 did upon the matter that which they did was really to pre-limitat Presbyteries that they should choose none but such as if they had written as much to them in formal expresse terms for their Commission required Presbyteries either to refer or upon the matter to
so doing did so far transgress the bounds of their Commission c. Ergo what the Author will here answer I do not well know But I would faine have him to tel a reason why the Commission dealt so sharply with many godly men as to issue such Declarations and Warnings against them and to appoint them to be censured and cited and to stir up the Civil Magistrate against them because of their opposing of Publick Resolutions whilest by his own acknowledgment there was as yet no determination of the Church in favours of these Resolutions or against the opposers of them I thought it had been his mind that the Commission could not censure any or ordain any to be censured for opposing Resolutions of their own not yet determined nor approven in a General Assembly and I would have him to give a reason why he accompts it against all equity that when the imputation of scandal against the Commissioners depends upon a particular hypothesis which at least is questionable and the very point of controversie betwixt them and their accusers as he calls them though unjustly because they as Members of the Assemblie were doing of that duty which is common and competent to every Member of the Assembly that is to object what they know of scandal against any other Member that the Assembly might be constituted of persons rightly qualified they should be holden to be under a presumption of scandal until that hypothesis be discussed and cleared and why it should be agreeable to equity and reason that upon such a particular hypothesis which at the least is questionable and the very point in controversie betwixt the Commission and many faithful men and some Synods and not a few Presbyteries in the Land should be holden not only to be under a presumption of scandal but also such as did deserve to be publickly declared against as Malignant and unfaithful and appointed to be censured and cited It seems that whilst the Author reasons thus about his hypothesis that what he gains one way he loseth another I see not how by his questionable hypothesis he can defend the equity of the Commissions proceedings in their Warnings Remonstrances and Acts against these who were unsatisfied with and did oppose the Publick Resolutions and when he shall do it I hope his own grounds shall help the Protesters to prove the equity and reason of removing Commissioners even upon supposal that it was but a questionable hypothesis 4. I desire to know of the Author by what power or in what capacity the Commission did look upon them to determine this questionable hypothesis as a Commission they could not do it because there is no clause in their Commission that gives them power or warrant to determine any point of Doctrine not formerly determined by the Church of Scotland but their Commission ties them in all things to walk according to former Determinations Acts and Constitutions of General Assemblies and I think he will not say that by vertue of any other power or capacity they either did it or could do it The Author hath by his own confession and ground brought the Commission a greater length in the exercise of their power then ever the Gen. Assembly did give to them or for any thing I know did mean to give unto them that is To determine points of Doctrine of great importance and consequence as to the security of Religion and of the Cause and Covenant not formerly determined by this Church in any of her Gen. Assemblies upon these Determinations to declare such as are unsatisfied with and do oppose the same not only to be censurable but also appoint them to be censured I thought if any thing had been the proper work of a Gen. Assembly this had been it But more directly to the point I do affirm that this Hypothesis the Publick Resolutions determined by the Commission of the General Assembly 1650. and issued to this Kirk in their Publick Warnings Letters Remonstrances c. do contain and involve a course of defection was at the time of the Protestation clearly determined in former General Assemblies because the General Assemblies of this Kirk had often before that time determined an association in Councel and Armes with the Malignant partie even in the caâ—e of the defence of the Kingdom against forraign invasion to be sinful and unlawful as will appear to any who shall be pleased to read the Declarations Warnings and causes of Humiliations and Publick Papers of this Church these years past and particularly the Solemn Publick Confession of Sins and Engagement to Duties and the Declarations and Warnings issued by the General Assembly 1650 upon the English invading of this Land But these Resolution did involve such a Conjunction because they did involve a Conjunction with all the Subjects in the Land excepting these few included in the Exceptions contained in the Answer to the Quaere but amongst these was the very body and bulk of the Malignant party who are by these Resolutions allowed to be taken in and employed in the defence of the Kingdom without any repentance or forsaking of their malignant waies as a thing necessarily previous to the employing of them and without which they could not be employed These were the things which the Protesters alleadged and offered to verifie not only the general that the Commissioners had made defection from the Cause and Covenant but that these particular Resolutions concluded and carried on by them did involve a defection from the Cause and Covenant this I say they offered to instruct from former Acts of Assemblies speaking clearly and positively there anent which yet were refused to be heard by the Meeting until they first should constitute themselves in an Assembly including these Members against which the Exception was propounded a greater imputation upon their freedom then they will easily wipe off VINDICATION IT is known that the Belgick Remonstrance in the Protestation against the Synod of Dort alleadged a matter of Scandal against the most part of the Members thereof viz. That they had made a Schism and were Schismatick The point de jure in thesi That Schism was a foul scandal and such as made them unfit to sit in that Judicatory as Members I suppose was cleer and the Remonstrants brought many plausible Presumptions that they were guilty of it more plausible a great deal then this Writer alleadges against the late Commissioners they bring Particular instances of Facts as keeping separated Congregations and Presbyteries from the Remonstrant refusing to joyn in Prayers or Sacraments with them whereas our Writer alleadges nothing but Generals offence of many godly pregnant presumptions men undertaking to instruct c. But here was a Question in Hypothesi Whether it be a schism to keep separated Congregations and Presbytries from and to refuse to joyn in Prayers and Sacraments with men that had departed in their doctrin from such and such Articles of the Doctrin of that Reformed Kirk
and required the Commission to make report to them what effect their dealing with their brethren should take The Commissioners accordingly having met at St. Andrews and having had a Conference with these Brethren having found by their own acknowledgment that in Publick they had practised against Publick Resolutions in private had given to some persons as they said asking their advice resolution that it was not lawfull to continue in that service being in such a conjunction as the Resolutions carried First they laboured to give them satisfaction about their resolutions but having effectuated nothing therein at last they dealt with them in most earnestnesse and tenderness both publickly and privatly to give assurance that they would not proceed to do or speak any thing in their Publick Doctrine or in private to the hindering and obstructing of the Leavies which were going on according to the Resolutions or might tend to the moving of any of the Garrison to quite their charge which they refused peremptorily to do and so departed home from the Conference The Commission having sent a meer report and narration rei gestae without more or less to the Committee of Estates according as they were required the Committee required these Brethren by Letter to come to Perth that some course might be taken in relation to them for securing the Garrison of Sterlin from danger The Brethren having come to Perth but not at the first Diet appointed to them the Committee required them to attend at Perth or at Dundee untill the Kings return from Aberdeen that there might be a more ful Meeting of the Committee a great part of the most considerable members thereof being with him after the Kings return a Paper being sent in by the Committee of Estates to the Commission of the Kirk requiring the Commissions advice as about other Passages that had passed between them and these Brethren what should be done with these Brethren in relation to securing of the Garrison of Sterline the Commission declared in their answer as to this they could not take upon them to determine the matter being meerly Civil but that they desired and expected that the Committee would deal with them in tendernesse and respect as being Ministers of the Gospel this is the truth of the businesse in sum so it doth appear evidently that the Civill Magistrate did confine them as they are so pleased to term it neither being stirred up thereunto by the Commissioners nor yet upon their accompt of meer difference from the Commission and Publick Resolutions but upon the accompt of their active opposing of their Resolutions to the obstruction of the Leavies and endangering the Garrison and their refusing to desist from that opposition but neither must it be forgotten here what was the time of that confinment as the Writer termeth it and compearing of these Brethren before the Committee If the Writer be ignorant of it let him know it was this Mr. Robert Dowglas and Mr. James Wood being dealt with by some of these Brethrens intimate friends to interceed with the Parliament that was then conveened to passe from calling them further did readily undertake it obtained their desire so that they were dismissed presently and then one of these Brethren came and acknowledged to these two their kindnesse done in their behalfe yet now in the Protestation and in this second Paper it is requited with a slander that they with other Commissioners stirred up the Civill Magistrate against them for differing from Publick Resolutions REVIEW BEfore the Author come to answer the next ground of the Protestation he takes notice of somethings and but of somethings passing by many others spoken of by the Writer in his answer concerning the Commissioners their stedfastnesse and falling off from it To which I reply that though it may be true that some of them have been stedfast in the Truth Cause of God when others whom he calls their accusers knew it not that will neither justifie the one nor condemn the other In the things of God it doth sometimes fall out that the first are last and the last first though yet if he make an impartiall reckoning I believe that neither he nor his party have reason to prefer themselves before the Protesters for men of integrity and old standing in the Cause of God nor yet to boast themselves as though there were none among them who had but lately come to know the Cause of God I hope no Protester doth or shall envy some of these mens giving testimony of their stedfastnesse for the time to come in their sufferings The Lord fit them all his people so to do But it is not enough for the Author to speak thus promisingly of them unles upon his may bees he do also prognosticat evil of others He tels us that when some of these accusers it may be wil be found tampering or already are tampering about or devising glosses how they may with some colour shufle themselvs loose from Articles of the Covenant some of them wil give testimony of their stedfastnes in it This measure wherewith the Author repayeth the Protesters is more then an eye for an eye and a tooth for a tooth they did not except against the Commissioners upon may bees but upon things really and already done and to his may be I say That though this be a hour of temptation wherein many turn aside both to the left hand and to the right yet I hope that by the Lords grace the generality of those who have born testimony against the Publick Resolutions shal be found among the most stedfast in the Land in the Covenant and Cause of God What if I should tell him that it may be when opposers of Publick Resolutions are keeping their integrity and cleaving to the Covenant some men of no small note who have been and still are zealous for these Resolutions will be licking up the vomite of Malignancy and Prelacy or if that be to fish too far before the net I am content to appeal to himself who are the greatest tamperers of this time whether the followers of the Publick Resolutions or the opposers of them I do not resolve to deny an honourable testimony to not a few of these who are for the Publick Resolutions in their love unto and stedfastnes in and zeal for the truth in other things nor yet to justifie the turnings aside of others who have been opposers of the Publick Resolutions yet I think it will not be questioned that the generality of these who have given up the Interests both of Church State into the hands of strangers are such as were affectionatly zealous for the publick resolutions which is too probable an evidence that their professions of Repentance the last year and of zeal for the Covenant and work of Reformation and of love to the King and of desire to preserve our Liberties were not straight and upright and that the Commission of the Church who
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 freedomâ— 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
madness and folly upon our part so no doubt if it be not avoided will provoke the Lord against us to consume us until there be no remnant nor escaping in the Land And albeit the Peace and Union betwixt the Kingdoms be a great blessing of God unto both and a Bond which we are obliged to preserve unviolated and to endeavour that justice may be done upon the opposers thereof Yet some in this Land who have come under the Bond of the Covenant have made it their great study how to dissolve this Union and few oâ— no endeavors have been used by any of us for punishing of such We have suffered many of our Brethren in severall parts of the Land to be oppressed of the common Enemy without compassion or relief There hath been great murmuring and repining because of expence of means and pains in doing of our duty Many by perswasion or terror have suffered themselves to be divided and withdrawn to make defection to the contrary part Many have turned off to a detestable indifferency and neutrality in this Cause which so much concerneth the glory of GOD and the good of these Kingdoms Nay many have made it their study to walk so as they might comply with all times and all the Revolutions thereof It hath not been our care to countenance encourage intrust and employ such onely as from their hearts did affect and minde Gods Work But the hearts of such many times have been discouraged and their hands weakened their sufferings neglected and themselves slighted and many who were once open Enemies and alwayes secret underminers countenanced and employed Nay even those who had been looked upon as Incendiaries and upon whom the Lord had set marks of desperate Malignancy Falshood and Deceit were brought in as fit to manage Publick Affairs Many have been the lets and impediments that have been cast in the way to retard and obstruct the Lords Work and some have keeped secret what of themselves they were not able to suppresse and overcome Besides these and many other breaches of the Articles of the Covenant in the matter thereof which concerneth every one of us to search out and acknowledge before the Lord as we would wish his wrath to be turned away from us So have many of us failed exceedingly in the manner of our following and pursuing the duties contained therein not onely seeking great things for our selves and mixing of private Interests and ends concerning our selves friends and followers with those things which concern the Publick Good but many times preferring such to the Honour of God and good of his Cause and retarding Gods Work untill we might carry along with us our own interests and designes It hath been our way to trust in the means and to rely upon the Arm of Flesh for successe Albeit the Lord hath many times made us meet with disappointment therein and stained the pride of all our Glory by blasting every carnall confidence unto us We have followed for the most part the counsels of flesh and blood and walked more by the rules of Policie then Piety and have hearkened more unto men then unto God Albeit we made solemn publick profession before the World of our unfained desires to be humbled before the Lord for our own sins and the sins of these Kingdoms especially for our under valuing of the inestimable benefit of the Gospel and that we have not laboured for the power thereof and received Christ into our hearts and walked worthy of him in our lives and of our true and unfained purpose desire and endeavour for our selves and all others under our power and charge both in publick and private in all duties which we owe to God and man to amend our lives and each one to go before another in the example of a Real Reformation that the Lord might turn away his wrath and heavy indignation and establish these Kirks and Kingdoms in Truth and Peace Yet we have refused to be reformed and have walked proudly and obstinatly against the Lord not valuing his Gospel nor submitting our selves unto the obedience thereof nor seeking after Christ nor studying to honour him in the Excellencie of his Person nor employ him in the vertue of his Offices not making conscience of publick Ordinances nor private nor secret duties nor studying to edifie one another in love The ignorance of God and of his Son Jesus Christ prevailes exceedingly in the Land The greatest part of Masters of families amongst Noblemen Barons Gentlemen Burgesses and Commons neglect to seek God in their Families and to endeavour the Reformation thereof And albeit it hath been much pressed yet few of our Nobles and great ones ever to this day could be perswaded to perform Family duties themselves and in their own persons which makes so necessary and usefull a duty to be misâ—regarded by others of inferior rank Nay many of the Nobiiity Gentry and Burrows who should have been examples of Godlinesse and sober walking unto others have been ring-leaders of excesse and rioting Albeit we be the Lords people engaged to him in a solemn way yet to this day we have not made it our study that Judicatories and Armies should consist of and places of power and trust be filled with men of a blamelesse and Christian conversation and of known integrity and approven fidelity affection and zeal unto the Cause of God but not onely those who have been neutrall and indifferent but dis-affected and Malignant and others who have been prophane and scandalous have been intrusted By which it hath come to passe that Judicatories have been the seats of injustice and iniquity and many in our Armies by their mis-carriages have become our plague unto the great prejudice of the Cause of God the great scandall of the Gospel the great increase of loosness prophanity throughout al the Land It were impossible to reckon up al the abominations that are in the land but the blaspheming of the name of God swearing by the Creatures prophanation of the Lords day uncleanness drunkenness excess rioting vanity of apparrel lying deceit railing cursing arbitary uncontrolled oppression grinding of the faces of the poor by landlords others in place and power are become ordinary common sins And besides all these things there be many other transgressions whereof the land wherein we live is guilty All which we desire to acknowledge and to be humbled for that the world may bear witnes with us that rightousnes belongeth unto God and shame confusion of face unto us as appears this day And because it is needful for these who find mercy not only to confess but also to forsake their Sin therefore that the reality and sincerity of our repentance may appear We do resolve and solemnly engage our selves before the Lord carefully to avoid for the time to come all these offences whereof we have now made solemn publick Acknowledgment and all the snares and tentations which tend thereunto
be chosen Commissioner to the Assembly at least not to sit and vote untill he be tryed and judged for I doubt if he may not be chosen Commissioner if there be not some probable presumptions of the fact But if the scandal be yet controversi indeterminati juris controverted and as yet not a determined case in point of Law by the doctrine of the Kirk I see not but a man cited upon such a ground may be chosen a Commissioner to the Assembly and sit and vote as a Member in other matters except that thereupon he was cited and do remember well that upon this very ground anno 48 upon the putting off of some from the List to be Commissioners to the Assembly who had been referred and cited to the Assembly for silence at that time according to the direction of the then Commission exception was made by some that such persons could not be chosen Commissioners and consequently could not be upon a List This motion was rejected by some judicious and pious affirming indeed that such persons could not well vote in the Assembly until their matter was tryed but that that reference could not hinder them to be upon a List for elections and consequently not from being elected to be Commissioners Now such was the case of the Citation in hand it was upon alleadgeance of scandall as yet controversi juris as to any particular determination thereanent by the publick judgment of the Kirk and therefore both the persons cited and these that ordained them to be cited were to be tryed and judged by the Assembly and for that removed in that particular not only about the fact but also about the matter Juris of Law However if this please not the Writer let him answer what he will for clearing the order of the Commission 48 and it will serve as well the order of the Commission 51. As to any illegality relating to the Constitution of the Assembly for upon the form clearly both were alike except in what wil make for the advantage of the later and as for the matter in both it was alike as to the Generall Assemblies judgment at the time of the Protestation and also in reipsâ which we take upon us to make good REVIEW ALbeit this be more then probable as appears from the constant tenor of the proceedings of Assemblies in the matter of Commissioners which was intimated by the Writer yet I am content to take what the Author gives He distinguishes betwixt a scandal which as to the ground of it is controversi juris a scandall which is determinati juris and makes the scandall of opposing the Publick Resolutions to have been only controversi juris as to any particular determination thereof by the publick judgment of the Kirk and thence infers that the opposers of Publick Resolutions might have been chosen this notwithstanding and admitted to sit as Judges in the Assembly though not in this particular and I offer these particulars hereanent First That by the Authors own grant they are still excluded from sitting as Judges in that particular and therefore as to a competent Judge in this particular which was the main if not the all of the Assembly the Assembly was pre-limited Secondly That this was not a businesse which was controversi juris but as clearly determinati juris as any thing could be I mean that the opposing of the Publick Resolutions was no fault but a duty clearly determined by the Church of Scotland I confesse men may question any thing even the clearest truths but there is no case oftener or more clearly determined by this Kirk then that of the unwarrantablenesse of joyning in Counsel or Arms with the Malignant Party for the defence of the Cause and Kingdome and of the obligation that lyeth upon Ministers especially to bear testimony against the same and therefore a notable injury was done and a grosse pre-limitation committed by citing them upon that accompt Thirdly suppose it had not yet been determinati juris as to the publick judgment of the Church in an Assembly yet as to the judgment of the Commission and Presbyteries who did hear and obey them it was determinati juris and men were excluded from Elections and cited to the Assembly there-upon as upon a thing that was determinati juris Therfore as there was thereby a pre-limitation in regard of these who though they were chosen yet could not sit in that particular because of the Citation so also in regard of others who were therby excluded from being chosen 4. If this scandal was not Determinati Juris by the Publick Judgment of the Church the Author would let us know why the Commission in their Warnings at Perth March 20 by applying many former Acts and Remonstrances of Gen. Assemblies against it do define it to be so And what Warrant the Commission had by their trust from the Gen. Assembly not only to declare the opposers of their Resolutions to be guilty of practices leading to encourage the hearts and strenthen the hands of Enemies in prosecuting their wicked purposes to make faint the hearts and feeble the hands of Gods People and to seduce their minds with devisive and separating Counsels and Principles and thereupon not only to require Presbyteries to censure them but also to stir up the Civil Magistrate against them Surely if the Commission did all this without any Publick Judgment of the Kirk that is of former General Assemblies defining these things to be scandal they did as to these things act without a Commission and without Authority and were beyond their bounds and led with no spirit of tenderness The Author did a little while agoe seem to say That the Commission had no power to cite or to censure the opposers of any Resolutions made by themselves and yet here he tels that these things as to the Publick Judgement of the Kirk were controversi juris And if so they were as yet but Resolutions of their own and they had no power to cite or censure any or to give Order to cite or censure any for opposing thereof That the Publick Resolutions were controversi and not determinati juris by the publick judgement of the Kirk That the Commission had no power for citing or censuring any Opposing Resolutions made by themselves That they gave Order to Presbyteries to censure and cite the opposers of Publick Resolutions are things that I cannot reconcile I wil not say but the Authors ingyne may find a shift but if he extricate these things to the clear capacity of plain and ordinary understandings is more then at present my weak eyes do see As for that he tells us concerning the rejecting the motion of putting off of some from the List to be Commissioners who had been referred and cited to the Assembly in the year 1648. I can say little to it as not knowing it nor the circumstances therof I beleeve it be an instance of a particular person in a
Presbytery giving his judgment anent the listing of another but when it is all granted it yeelds a great part of the cause to wit That these persons could not sit in the Assembly as Judges in that particular And if I be not mistaken in my conjecture about the persons I think I may say if that judicious and pious man who rejected that motion had been in any fear that these persons would be chosen belike he would have holden his peace and sufferred the motion to passe uncontrolled But the Author if this please not the writer desires him to answer what he will for clearing of the Order of the Commission 48. and it will serve aswell the Order of the Commission 51. as to any illegality relating to the Constitution of the Assembly because saith he upon the form both clearly were alike excepting what will make for the advantage of the latter and as for the matter in both it was alike as to the General Assemblies Judgment at the time of the Protestation and also in reipsa as he takes upon him to make good It seems that it doth not please the Author himself very wel and I think it wil please the Writer much worse because of the things which I have mentioned and other things as weighty which may occur to him as to that of the 48. I have already given clear answers for the writer or rather vindicated his own that there was a vast difference both in the form as also in the matter and that both as the Assemblies judgement at the time of the Protestation unless they were not to admit the judgment of former Assemblies in these particulars as also in reipsa and he shall but lose his labor and not be able to make good what he undertakes VINDICATION THat which may seem to say somewhat against the other Particular viz. That no mans Commission was rejected nor any man chosen to be a Commissioner was refused to have vote in the Assembly upon that accompt that he was unsatisfied with the Resolutions is in the Answer to the 3. Objection Branch 4. First beside somthing that hath been answered already he saith Policie taught the Assembly so to do The votes of so few a number not being likely to prove so great disadvantage to the businesse as the professed denying to them a vote would have done Answer If the Writer had used so much modesty and respect to the Assembly as to have said That possibly Policy might have taught them to do this or it may be probably thought it was thus it had been somewhat tolerable But I must say it is too much boldnesse thus to have said positively That Policy did teach them it Good Sir did you see into the hearts of men in the Assembly to see this political design moving them to do this Or can you bring a demonstration from any evidence without that their doing of it did arise from no other principle or motive but this But if it be so that they did it upon a political motive and end yet if it was so really as none was rejected or refused to have vote upon the accompt of dissatisfaction that exception is to no purpose to the point We are upon the freedom of the Assembly which is to be measured by the acts done about the Constitution and managing of it considered according to the Matter of them and not according to the Intentions and Moral Motives whereupon men does them But the Writer does add two things further for Answer 1. That the discussing and judging of the Commissions of these in Glasgow and Sterling who were unsatisfied with the publick resolutions were laid aside because Mr. Rob Ramsay his Protestation against the Election taken from their Dissatisfaction could not be discussed until these Resolutions were either condemned or approven which was in effect to exclude them from voting because of not approving the Publick Resolutions and this is so much the stronger considering that it was refused to lay aside the Commissions of these that carried on the Resolutions until their proceedings should be tryed and approven Answ 1. Besides that Mr. R. Ramsay his Protestation was not against these of Sterling at all so that it is impertinent to say that their Commission was laid aside becaus of that Protestation And besides that the Commissions of others controverting with them and pretending by as probable reasons their Commission as these was laid aside also It followeth not hence that they were simply excluded from voting but suspended from voting for a time and had not vote in that particular which might well had been without imputation of pre-limitation on the Assembly as hath been shewen before 2. The Consideration added for confirmation is very inconsiderable because the Commissions of these of Glasgow and Sterling were controverted in the very Election and therfore their Commission could not but be laid aside untill the grounds of the Controversie should be discussed that it might be seen whether they were orderly elected or not but these others had their Commission by Elections orderly and uncontroverted in the Presbyteries that sent them yet neither were they to have vote in the matter of the Resolutions What is said from the Exception made against their Admission to vote at all given in to the Assembly shall be answered afterwards Secondly saith he it is to be considered That the Assembly did sustain approve the Letter and Act of the Commission for citing such as were unsatisfied which was a real excluding of all these upon their dissatisfaction at least from being Judges in that particular Answ 1. The Writer doth here as all along this Paper bear his Reader in hand that the Commission hath given order for citing such as were unsatisfied indefinitly which is contrary to the truth for only such as all means used do continue in opposing were to be cited as is evident by the Act and Letter 2 It is true after tryal and examination of the Commissions proceedings they did approve that Act and Letter But did not the Assembly 48. do the same in relation to the Letter and Act of the then Commission of the like nature But yet further Did not all Commissioners from Presbyteries who were unsatisfied excepting such only whose Commissions were controverted in the very Election were yet undiscussed and were pleased to stay in the Assembly sit and vote in that same very particular I mean the Resolutions of the Commission how then could they be really excluded from being Judges in that particular wherein they really did sit Judges or were any of them excluded after the Act and Letter was approven If it be said That the approving of that Act and Letter did import that they ought in the judgment of the Assembly to have been excluded I answer 1. Yet though this may say somewhat that the Assemblies determination in this point de jure did not agree wel with that pre-ceding fact in admitting such Members to judge in