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

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o● the Causes of the Lords controversie and offer and advise the ●ame to be made use of by all the Lords people in this Land Was it a fault in our non-conforming fore-fathers to bear a testimony and give their judgment against the six corrupt Assemblies and to reckon these Assemblies among the sins and guiltinesse of the Land and to desire the Land to be humbled for them If any of the Presbyteries of these times did passe a Presbyteriall judgment and sentence upon the nullity of any of those Assemblies and the iniquity of their Acts did they wrong in so doing and was this more then any power on earth could do that is inferiour to another Generall Assembly If it be thus the Church is like to be in an ill case if a Generall Assembly once go wrong I know that Inferiour Judicatories have not power over the Superior as a Commission or Presbytery over a Generall Assembly but this hinders not if any assume to themselvs the name and power of the Superior to whom they do not belong and by the pretended authority thereof make unjust Acts but the Inferiour may from the Word of God and from the Acts and Constitutions of the Church declare the nullity of these powers and the iniquity of these Acts. The Author hath taught us that an Assembly both wrong constitute and erring or only wrong constitute is no other wayes an Assembly then a painted Man is a Man and it can be no great fault for any living Man to discover the deceit of an Image that others be not deceived thereby He insinuates that he could adde mo instances not a few It is like that he hath brought forth these in which he conceived the greatest weight to lye and if these being weighed in the ba●lance be found light we need not be afraid of what is yet in his treasure He saith true that the instances which he hath brought doth not belong formally and directly to the matter in question but he hath fetched a great compass to get them in supposing by these things to reach sore blowes to the Professions of the Protesters and to discover the hypocrisie thereof but how he hath proven his alleadgeance I leave it to indifferent men to judge who may also give sentence of their carriage to the Generall Assembly after the perusall of his Vindication and this Review VINDICATION THeir next pretention or profession is that they look upon the present differences of the Lords servants of the Ministery as one of the greatest tokens of the Lord his indignation against this Kirk and that they hold it their duty to be humbled before the Lord in the sense thereof and by all lawful and sure means within the compass of their power and station to endeavour the remedy Verily these differences are so to be looked upon because of the anger of the Lord this Land is darkened a man spareth not his brother Ephraim is against Manasseh and Manasseh against Ephraim and both against Judah And as all the Lords People and servants in the Land have cause to be humbled before the Lord in the sense thereof so some of these Brethren in a speciall way as being the main Authors and promoters of these rents and divisions Let impartiall men look back and consider the beginning and progresse and every step of the present divisions in this Kirk and Kingdom since the defeat at Dunbar and see who have been the prime Agents thereof I shall but point at some particulars who were they who after the defeat at Dunbar divided one part of the remnant of the Army from the other which was the first appearing step of our divisions and would never suffer them to joyn and unite together again was not the contriving of the Western Remonstrance the next step of our division and of it self a most divisive course as containing positive determinations of matters of publick and high concernment cond●mning approven publick Acts not only of the State but also of the Gen. Assembly by private men without any advice had or sought from the Publick Judicatories either of Kirk or State yea containing also in the close thereof a band engaging themselves to prosecute the matters of that Remonstrance according to their power a thing judged always in this Kirk a most divisive thing for any privat men to do by themselves Was it not some of these Brethren who when the Conference was at Pearth upon the Remonstrance opposed by all means conjunction with the distracted Forces of the Kingdom and when it was proponed in the Conference if they injoying their own judgement concerning the dis-owning of the Kings Interest yet upon other grounds of the quarrel wherein they agreed with the rest of the Kingdom would joyn with the rest of the Forces for defence against the common Enemy did not some publickly and plainly professe that they could not and they would not joyn Are not these Brethren the men that because the sense given upon the Western Remonstrance though the most moderate and with much tendernesse and respect of the persons having hand in it with-drew themselves in a most tumultuous and disorderly way never daigning themselves to come to the Meeting thereafter which was the next step of our divisions Was it not a divisive course when the Resolutions were given to the Parliaments Quare concerning persons for to be employed in the defence of their Countrey presently to emit and spread Papers through the Countrey under pretence of writing them onely as Letters to the Commission expressing their scruples condemning the said Resolutions as a defection from the Covenant and former principles suppose they thought in their Consciences these Resolutions to be such yea suppose that really they had contained some matter of that kind that their Commission had erred as humanum est labi yet they shall never be able to clear themselves before indifferent Judges and impartiall of divisive walking in disdaining to come and propone their doubts and reasons against that Resolution in an amicable and modest way in the Commission it self and taking such a way of writing and sending abroad testimonies as they called them amongst themselves peremptorily condemning traducing and tending to the rendring odions honest faithful and godly Brethren and agenting as diligently as they could to induce others through the Countrey to do the like Many other instances or divers motions may be given but by this much let any man judge if they have not cause to be deeply humbled for the divisions in the Land amongst the Lords servants REVIEW I Shall not deny but some of these Brethren have in a speciall way reason to be humbled for the divisions of the Land as they are the righteous judgments of the Lord upon their sins which have been greater then the sins of many neither am I so zealous of their credit as to say that no circumstance of their carriage in these things could have been better ordered they are but
therefore the Author doth but seek out inventions to darken clear and manifest truths To the answer which he brings to the grounds of proof brought by the Writer as to the matter of scandall I return these replyes That by granting that the hearing of a common report may be a ground of enquiry if he deal candidly therein according to the meaning of the place cited by the Author Deut. 13.14 It must be of diligent enquiry for so it is expressed there Chapter 17. v. 4. and 19.18 which imports that it should be an enquiry without delay but this was refused about the present case in question and notwithstanding of this common report and objecting the scandall thereof in the Assembly the enquiry was delayed untill the Assembly was constitute and no more diligence was used in it then if there had been no such report at all he doth injury to the Writer by labouring to bear upon him and upon others that he is of that minde that the Commission upon that common report which he alleadges to have been passing upon them should have been without more adoe sentenced to censure The utmost that the Writer all along hath pleaded in this hath been that the Commissioners ought to have been removed till their carriage were tryed But two grounds he layes to prove this to have been the Writers minde 1. That the Proceeding ordered 1 Cor. 5. 5. was in order to present censure 2. That he alleadgeth the Apostles words so generall without any qualification I shall not stand upon the first but the Writer not being upon the handling of that point what common report or how qualified was needfull to be a ground of sentence but onely shewing that sometimes common report may be so he thought it enough to cite the Apostles words without qualifying of them and if the Author will make this a ground of challenge against the Writer he may make it against the Apostle himself for he sets down the words generally without any such qualification and the Writer doth not extend them to any other case then that of which the Apostle is treating He only saith that common report is made a ground of proceeding against the incestuous Corinthian without making any application of it to the Commissions case or saying that it should also be a ground of proceeding against them if it be asked to what purpose then it was cited the answer is very obvious and clear from the whole drift of the Writers discourse which is to shew that the persons objected against were under a scandall and this he doth 1. By shewing that there was a hear-say and common report of it upon which the Scriptures layes so much weight as sometimes to make it a ground of tryall As Deut. 13. Sometimes a ground of proceeding as 1 Cor. 5. It is true that the Scriptures doth not make every hear-say and common report a ground to accompt men under a scandall or to proceed against them otherwise honest men indeed might be in an ill condition but the qualification of these things are to be drawn from the circumstances of the facts whereunto they are applyed and of these we have spoken in the fact of the Commissioners and therefore the Author in this particular doth but trouble himself and others without cause yet must I say that though for any thing I know or can be collected from the writers words the utmost that he pleads for being a delay of their admission to be members of the Assembly which could not be accompted a sentence against them more than against others who were delayed upon exceptions to be admitted that his meaning was not That the common report that past upon the Commissioners was sufficient to be a ground of present sentence against them yet when the Author hath streached himself to the utmost h● ha●h proven no good advocate for the Commissioners to exeem them from present censures He tels us that a common report that may be a ground of so short and summary proceeding must be such as first is of a matter that ●n point de jure is clea●y and unquestionably a scandall 2. For the fact in a manner universal●y uncontrolled e●●her by the p●●ty or any that hath best or nearest notice of his actions in the present case saith he both ●hese cases were wanting the matter was not clear de jure in the main question of it its report was not so common as the contradiction of it But I say the matter was clear de jure in the main question of it determined verbatim in former Acts of Assemblies and the fact was not at all controverted or controlled by any but taken with both by the party and known and acknowledged by these that had best and nearest notice of their actions The quality of the fact might be controverted whether right or wrong which is a point belonging to the jus of it but the fact it self was not contradicted either by the Commissioners or any other and his omnino auditur and passim in tota achaia c. and res manifesta passim cum magno offenaiculo publicata as to the matter of fact was true of that which the Commissione●s had done the offence and stumbling of the godly was not causeless born upon them by the mis-information and mis-representation of the Commissioners proceedings by some of the same persons who are the alleadgers the Author there doth a double wrong to the godly in Scotland 1. That he makes them to have stumbled without a cause whereas there was very reall causes of stumbling given unto them both in regard of that which was done and for the maner of doing That which was done was employing of the whole Body of the Land promiscuously a very few persons being excepted amongst whom were many Malignant and dis-affected men who had been formerly excluded and with whom the Lords people in the Land had learned from the Word of God and from the constant tenour of the doctrine of all the faithfull Ministers of this Church to keep a distance as to imploying them in the defence of the Cause and Kingdom As this was a main occasion of contriving the League and Covenant so is there a speciall Article therein relating thereto the breach whereof was one of the speciall and main sins confest in the Solemn acknowledgment of 〈◊〉 and the contrary duty one of the main things to which we engage our selvs in our solemn Engagement It is true that the Commission having done this finding many to stumble did afterwards finde out some evasions and distinctions to save their own credit but the contradiction between their resolutions and former principles proceedings was primâ fronte so palpable and obvious that men of all sorts both well-affected and ill-affected did see it so as the one did rejoyce and the other mourn the Godly did not more stumble then the Malignant and prophane were glad and both the one and the other as
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 ●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 who● 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 e●ter any dissent which belike they would have done if they had thought it a busines of any such consequence as the Author would ●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
him by breaking the Oath and Covenant which we have made with him and that we may be humbled before him by confessing our sin and forsaking the evil of our way Therefore being pressed with so great necessities and straits and warranted by the word of God and having the example of Gods people of old who in the time of their troubls and when they were to seek delivery and a right way for themselvs that the Lord might be with them to prosper them did humble themselves before him and make a free and particular confession of the sins of their Princes their Rulers their Captains their Priests and their People and did engage themselves to do no more so but to reform their wayes and be stedfast in his Covenant and remembring the practise of our Predecessors in the year 1596. wherein the Gen. Assembly and all the Kirk Judicatories with the concurrence of many of the Nobility Gentry Burgesses did with many tears acknowledge before God the breach of the National Covenant engaged themselves to a reformation even as our Predecessors and theirs had before done in the Gen. Assembly and convention of Estates in the year 1567. And perceiving that this Duty when gone about out of conscience and in sincerity hath alwaies been attended with a reviving out of troubles and with a blessing and success from Heaven We do humbly and sincerely as in his sight who is the searcher of hearts acknowledge the many sins and great transgressions of the Land We have done wickedly our Kings our Princes our Nobles our Judges our Officers our Teachers and our People Albeit the Lord hath long and clearly-spoken unto us we have not hearkened to his voice albeit he hath followed us with tender mercies we have not been allured to wait upon him and walk in his way and though he hath striken us yet we have not grieved nay though he hath consumed us we have refused to receive correction We have not remembered to render unto the Lord according to his goodness and according to our own vowes and promises but have gone away backward by a continued course of back-sliding and have broken all the Articles of that solemn League and Covenant which we swore before God Angels and Men. Albeit there be in the Land many of all ranks who be for a Testimony unto the truth for a name of joy praise unto the Lord by living godly studying to keep their garments pure and being stedfast in the Covenant and Cause of God yet we have reason to acknowledge that most of us have not endeavored with that reality sincerity and constancy that did become us to preserve the work of Reformation in the Kirk of Scotland many have satisfied themselves with the purity of the Ordinances neglecting the power therof yea some have turned aside to crooked wayes destructive to both The prophane loose and insolent carriage of many in our Armies who went to the Assistance of our Brethren in England and the tamperings and unstraight dealing of some of our Commissioners and others of our Nation in London the Isle of Wight and other places of that Kingdom have proved great lets to the work of Reformation and setling of Kirk government there wherby Error and Schism in that Land have been encreased and Sectaries hardened in their way We have been so far from endeavoring the extirpation of Prophaness and what is contrary to the power of godliness that prophanity hath been much winked at and prophane persons much countenanced and many times imployed untill iniquity and ungodliness hath gone over the face of the Land as a flood nay sufficient care hath not been had to separate betwixt the precious and the vile by debarring from the Sacrament all ignorant and scandalous persons according to the Ordinances of this Kirk Neither have the Priviledges of the Parliaments and Liberties of the Subject been d●ly tendered but some amongst our selves have labored to put into the hands of our King an arbitrary and unlimited power destructive to both and many of us have been accessory of late to those means and wayes whereby the freedom and priviledges of Parliaments have been encroached upon and the Subjects oppressed in their Consciences Persons and Estates Neither hath it been our care to avoid these things which might harden the King in his evil way but upon the contrary he hath not only been permitted but many of us have been instrumental to make him exercise his power in many things tending to the prejudice of Religion and of the Covenant and of the Peace and safety of these Kingdoms which is so far from the right way of preserving his Majesties Person and Authority that it cannot but provoke the Lord against him unto the hazard of both nay under a pretence of relieving and doing for the King whilst he refuses to do what was necessary for the House of God some have ranversed and violated most of all the Articles of the Covenant Our own consciences within and Gods judgments upon us without do convince us of the manifold wilful renewed breaches of that Article which concerneth the discovery and punishment of Malignants whose crimes have not only been connived at but dispensed with and pardoned and themselves received unto intimate fellowship with our selves and entrusted with our Counsels admitted unto our Parliaments and put in places of Power and Authority for managing the publick Affairs of the Kingdom whereby in Gods justice they got at last into their hands the whole power and strength of the Kingdom both in Judicatories and Armies and did imploy the same unto the enacting and prosecuting an unlawful Engagement in War against the Kingdom of England notwithstanding of the dissent of many considerable members of Parliament who had given constant proof of their integrity in the Cause from the beginning of many faithful testimonies and free warnings of the servants of God of the supplications of many Synods Presbyteries and Shy●es and of the Declarations of the Gen. Assembly and their Commissioners to the contrary Which engagement as it hath been the cause of much sin so also of much misery and calamity unto this Land and holds forth to us the grievousness of our sin of complying with Malignants in the greatness of our judgment that we may be taught never to split again upon the same Rock upon which the Lord hath set so remarkable a Beacon And after all that is come to pass unto us because of this our trespass and after that grace hath been shewed unto us from the Lord our God by breaking these mens yoke from off our necks and putting us again into a capacity to act for the good of Religion our own safety and the Peace and safety of this Kingdom should we again break his Commandment and Covenant by joyning once more with the people of these abominations and taking into out bosome those Serpents which had formerly stung us almost unto death This as it would argue great
and rashly to say to the best of it spares not to traduce them as Apostates and backsliders but this is it I would say that men should take heed that they make not a snare of their opinion yea or the reall conviction of the godlinesse they have of any persons by approving taking up or following their sayings opinions or practices without due examination and triall upon this accompt because they are godly persons from whom such things proceeds It is well and expedient for such as would in this dangerous time walk circumspectly and shun snares to remember as to this present caution two things 1. That true godlinesse is not of such perfection in any on this side of eternity as doth exempt them from all erring whether in judgement or practice nor yet from stiffe maintaining mistakes when once they have turned aside unto them Luther was a godly man and had much of CHRIST in him I think none of them interessed in the present businesse will compare with him yet who knoweth not what great errouns he held in the matters of God and maintained not only stiffely but violently to the great prejudice of Religion and obstruction of the work of Reformation under which the Reformed Kirks do groan yet unto this day 2. How wofull a snare this I mean not godlinesse but the overweighing conceit of persons reputed to be godly hath proved in the neighbour Nation and Kirk Hath not this been one of the chiefest stratagems and engines whereby Satan hath prevailed to mar the fair work of Reformation so happily and hopefully once begun there and silled that Land with unparalelled confusions under which now it groans Foelix quem faciunt aliena pericula cautum It were good for us to learn wisedome by other mens dangers and to be warned by the beacons which others shipwrack hath set up to us lest we also make shipwrack upon the the same schelves and then say but too late non putavimus proverb still Scottish men wise behinde the hand prove all things from whatsoever hand they come and hold fast that which is good REVIEW I do indeed believe that the Author doth not intend to say or advise any thing to the prejudice or disadvantage of godlines or godly men yet do I desire him seriously and in sobernesse of minde as before the Lord to consider whether there hath been something in the late Publick Resolutions and in the proceedings and Acts of the late Assembly at Dundee to both which if I mistake not he had a great accession that is prejudiciall to godliness and to godly men Respect to these did exceedingly abate with the Publick Resolutions yea enimity against these did exceedingly grow with these resolutions a thing so manifest that they who did run could not but read it and did not the Acts at Dundee wherein besides the censures that were inflicted on some all whether Ministers Elders Expectants Schoolmasters Students or Professors of whatsoever sort who shall not acquiesce to the Acts and Conclusions of that Assembly and who after conference for their satisfaction oppose the same are appointed to be censured do not I say these Acts import a prejudice to godliness and godly men if prosecuted and executed they would at last non-Office and non-Church many Godly Church-Officers and godly Church-Members yea I fear the greatest part of the Godly in the Land His testimony concerning the godliness of many of the Authors and Abettors of this Protestation I do willingly accept as savouring of ingenuity and having truth in it I wish he had been as plain and positive in giving his judgment concerning others Whilest he differences them from these to whose godliness he bears testimony and saith that what ever they have been every whit he will not take upon him to judge it seems that he would render them suspected if not have them taken for persons naughty or little worth what ever be his meaning in it or his judgment of these others I shal not stand to enquire into it there be none of the Authors or Abettors of that Protestation to whom many of the godly in Scotland will not give an honest testimony neither will any thing that any of them have been contradict the same if at any time they have been in a wrong way yet have they through grace repented of and forsaken the same And it concerns the Author who hath been a sharer of the like precious mercy not to upbraid them but to acknowledge the goodness of the Lord both to them and to himself I deny not that there are godly men on the other side and such as suffered for the Truth and Cause of God but why he should say that some of them were in Christ before the Protesters and that they were sufferers for the truth when others had not the honour to be deors for it I do not well understand sundry of the Protesters for their being in Christ and suffering for the Truth and Cause of God are through grace of a very old and longstanding and famous honorable in all this Church I cannot reckon the moneths or years since the one or the other did begin to be in Christ and had the honour to suffer for the truth neither do I desire to insist on the comparison blessed be the Lord for all that are in Christ and for all who suffers for his Cause I wish and pray that all of them may conquer and overcome and if any of them be turned out of the way the Lord may again recover them and make their last dayes better then their first It is true some of the Protesters had not the honour to be doers for the Cause yea were opposers of it when some of the other side were suffering for it but what if they have obtained mercy because they did it ignorantly through unbelief if not to be a doer for the Cause yea if to be bearers down and opposers of the Cause when others were suffering for it be a good plea against any of the Protesters I fear most part of the late Assembly must leave their Benches and go to the Bar. I know none that traduces these godly men as Apostates yea I know and am perswaded that the Protesters have an high and honourable estimation of them for their piety and parts and for the great things whereof the Lord hath made sundry of them instrumentall in his House and though they cannot but testifie unlesse they would be unfaithfull that the course which these men have followed this while past in the matter of the Publick Resolutions is a course of defection and back-sliding yet do they not use to call them back-sliders much lesse Apostates and if any others do it they are not therein approven or allowed by them I joyn with the Author in his advice that men should take heed that they make not a snare of the opinion yea or the reall conviction of the godlinesse they have of any persons by approving taking
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 th●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 needl●●●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
poor weak men compassed with many infirmities and subject to the like passions with others but that they have reason to be humbled in a speciall way upon the accompt of being the Authors let be the main Authors and promovers of these rents and divisions is a groundlesse and unjust charge which no man is able to make out the Author doth either unknowingly or willingly mistake in that which he calls the first step of the divisions to wit the dividing of one part of the remnant of the Army from the Army by these Brethren These Gentlemen who did remove from Sterlin immediatly after Dunbar unto the West did go thither by the order and approbation of the Committee of Estates who did also appoint the Leavies of the West and their Conducters and designed their work to them from time to time as can be made good by many Acts and Letters under the Lord Chancellour and Clerk of the Committees hand and they were therein also countenanced by the Commission of the Church who wrote to them for their encouragement yea it was the counsell of some of these who were chief in the Assembly at Dundee that these Gentlemen went West That they did not joyn with the rest of the Forces of the Kingdom was because it was refused to state the War as it was formerly stated by the Declation of the Church and State on the 13. of August 1650. and to satisfie them in the conduct of the Army by appointing a man qualified according to the solemn Engagement to lead the Forces What he sayeth of the Remonstrance which he calls the next step of our division is answered already except that which he alleadges that it doth in the close thereof contain a bond engaging themselves to prosecute the matters of that Remonstrance according to their power which hath been often cleared by themselves that it did contain no new bond to any new thing but a declaration of their resolutions to keep their former bonds and engagements in testimony whereof they were willing and did often offer to explain their meaning in this particular for the satisfaction of these who doubted thereof He doth under favour make a very lame relation of the Conference at Pearth In that conference these Gentlemen and Ministers who were sent from the West did often declare that they were willing to fight upon that state of the quarrell holden forth in the Declaration of the 13. August and to joyn under the leading Officer of the Forces of the Kingdom providing that he were a man qualified according to the solemn Engagement to duties to wit of a blamelesse and Christian conversation and of unquestionable integrity and affection to the Cause of God In neither of which satisfaction was offered unto them and therefore it is no wonder though they had refused to hearken to the Proposition which the Author speaks of What he sayeth of their with-drawing themselves from the Commission upon occasion of condemning the Remonstrance and of their not daigning to come again I have already answered somewhat unto it and shall answer more hereafter For clearing of that which concerns the Letters written to the Commission and testimonies given against the Commissions Answer to the Parliaments Quare I shall first set down some thing of the matter of fact then answer shortly to what the Author sayeth After that the Party of Malignant and disaffected men in the Land who by subtility and fair pretences had got the power of the Judicatories and of the Army in their hand Anno 1648. were defeat at Preston the Kingdome and Kirk of Scotland taking in consideration how often they had been deceived by that Party and how much they had sinned against God and smarted under his hand by intrusting of them and complying with them did in a solemn publick way confess this sin and did solemnly before the Lord engage themselves to do no more so but to be carefull to purge out all scandalous and malignant men out of the Judicatories and Army and to endeavour that such as was intrusted therein should be of a blamelesse and Christian conversation and of constant integrity and affection to the Cause of God In order to this solemn Confession and engagement did many Supplications Warnings Remonstrances and Declarations issue from the Commission of the Church and severall Lawes and Acts from the Parliament and Commitree of Estates for purging and keeping pure the Judicatories the Army according to which many endeavours were used for putting the same in execution which for some time went on with some measure of successe and blessing but that so good and necessary a work did very soon begin to be retarded and opposed first closely and in an undermining way by some who did again begin to owne Malignant Interests and afterwards more openly and avowedly yet was the sinfulnesse of complying with and employing that Party so much abhorred and feared by the Church of Scotland that not onely did the Commission of the Generall Assembly of the year 1649. and the Generall Assembly it self 1650. in the very time when the Land was invaded by the English declare the employing and intrusting of such to be unlawfull even in the case of scarcity of men for the Lands defence but also the Commission of the Generall Assembly of the year 1650. did after the defeat at Dunbar once and again give publick warning to all the Land to beware of complyances with that Party and to take heed that under a pretence of doing for the Cause and for the Kingdom they get not power and strength in their hands for advancing and promoting their old malignant designes yea the question being directly propounded by the King to the Commission concerning the employing of these men it was answered negatively in a Letter written to him for that effect yet after all this the Commission did at an occasional Meeting give that Answer to the Parliaments Quaere by which a door was opened to the speedy taking in and employing of all that Party first into the Army and then into the Judicatories Concerning which occasionall Meeting I desire to be observed that notwithstanding of all that is formerly said and that it was known that many members of the Commission and many godly Ministers and Professors throughout the Land were in their judgements opposite to the imploying and intrusting of these men and that the resolving to imploy them before satisfaction given to mens consciences in the point could not but be matter of great stumbling and offence and that a little before that time there had been one or two solemn Meetings of the Commission and that there was a set Meeting of the Commission to be within a week or two thereafter yet was there no mention of that businesse in these solemn frequent Meetings and the other set Meeting was prevented by that occasionall Meeting called by the Moderators Letter upon the desire of the Parliament the leading men whereof at that time
prejudice to the Assembly in judging of these resolutions at last the result was this that such of the Assembly as they desired to confer with might speak with them but that no particular person should be nominated nor any thing written thereof in the minutes of the Assembly In prosecution of this desire some of the unsatisfied Brethren did meet with the Moderator of that Assembly and some other eminent men members of the Commission at Mr. Robert Blair his chamber two several diets and after some conference to and fro did earnestly beseech and presse upon them some with tears that they would be pleased to be instrumental in adjourning the Assembly and in delaying to ratifie the Publick Resolutions but they were not pleased to condescend so much as to undertake to be assisting to these brethren in obtaining their desire that night in which the Meeting was adjourned from St. Andrews to Dundee the dis-satisfied Brethren did again publickly presse that the Assembly migh be adjourned till some considerable time till pains might be taken in an amicable way for composing of differences which being refused they were necessitated to Protest as seing no other remedy against the current of backsliding notwithstanding of this Protestation the Meeting at Dundee went on not onely to the ratifying of the publick resolutions but to the condemning of the Protestation censuring of some of the Protesters and making of Acts declaring all of these censurable who shall not acknowledge their constitution and submit to their Acts and appointing Presbyteries and Synods in their respective bounds to proceed to the execution thereof and giving power to their Commission for that effect where Presbyteries were negligent What length their Commission was gone and what they had in consideration against the Protesters when they were interrupted and broken off by the surprizall at Eliot themselves best know After that time the Lord was pleased to exercise the Land with so sad dispensations as for a good while made all Publick Meetings of Ministers very difficult and dangerous untill the Country being somewhat quieted about the midst of October these who had Protested against the Meeting at St. Andrews and Dundee as not being a lawfull and free Generall Assembly with many other Ministers and Elders from severall parts of the Country did meet at Edinburgh where after some dayes spent together in Prayer and supplication and in confessing of their sins to God and one to annother they did in the next place after conference and mutuall communication of Light one with another set down their thoughts concerning the Causes of the Lords wrath against the Land that in that time of darknesse there might be some light and directory in these things to such as were willing to receive and make use thereof amongst these causes of wrath they did condescend upon and reckon the Publick Resolutions of Church and State for bringing the Malignant party first to the Army and then to the Judicatories and the actuall intrusting of them with the power of the Kingdom both Military and Civil and the prelimiting and corrupting of the Generall Assembly in the free and lawfull constitution thereof and its ratifying of the Publick Resolutions which did involve a defection from the Cause and laying a foundation for censuring of all such who did not approve of the constitution of that Assembly and submit to the Acts there of and finding themselves more and more convinced of the nullity of that Assembly at Dundee and how needfull it was to preserve the Church of Scotland in the possession of her due priviledges and to keep together a remnant who might be as a branch of hope if so be the Lord would be favourable to them and take pleasure in them for repairing of the breach such of them as were Members of the Commission of the Gen. Assembly did find themselves warranted and called of God to take possession of the power and trust committed unto them by the Assembly 1650. yet so as they did not authoritatively impose or require obedience to any of their Emissions concerning the causes of the Lords wrath which was the only thing they medled with but having agreed upon these Causes with the advice of diverse Brethren from severall parts of the Kingdom did offer and advise the same to be made use of by all the Lords people in the Land leaving place to adde as the Lord should make further discoveries thereafter At the same time all the Brethren who were met did write Letters to sundry reverend and godly men in the Ministery of a different judgment desiring an amicable Conference with them and conceiving that they could not well be brought together to one place in such a season of the year and when travelling was so difficult they did appoint some of their number to wait upon some of them at St. Andrews and upon others of them at Glasgow who might hold forth unto them what in their judgments was the most conducible means for union and peace both with God and among our selves and to hear what should be offered unto them by these Brethren what passed in these Conferences I leave it to these who were present to relate hoping that none who were present will say that the desires and endeavors of union did break off upon our side those of our number not only professing themselvs willing to confer hear what should be offred unto them but to attend at any other diet that should be appointed and to endeavour if it were desired a more numerous and frequent meeting of Brethren of both sides From all which it doth appear that the Protesters all along have been pursuers of peace and not promoters and fosterers of division The Author propounds the question If it had not been a more probable and Christian like mean for remedying the divisions to have dealt for a meeting of judicious and godly men on both sides and for an amicable and brotherly Conference on equal tearms about the differences then that the Protesters being but the one side should have taken upon themselves the authority of a Publick Judicatory and by themselvs straightway to condemne the other side as guilty In answer to which beside what is already said I would first ask the Author Whether it be fair dealing that these at St. Andrews after they were earnestly entreated of their Brethren to adjourn and delay the ratifying of the Publick Resolutions shall first take upon them the Authority of a Generall Assembly to ratifie the Publick Resolutions condemne their Brethren who protest against them censure some of them with Suspension and others of them with Deposition for that very thing and lay a foundation for censuring all of them and all others in the Church of Scotland who should continue to differ from them and oppose them in these things and then afterwards cry out upon their Brethren who hold forth the sin and iniquity of such proceedings as upon men who are not for peace
though there was presumptions enough in some men against them and as for some persons offering to instruct it that is to little purpose to argue them scandallous but the great sophism in this whole discourse whereinto I will not determine whether out of inanimadvertency or willingly the Writer hath run lyeth in this that the main and principal question de jure which should have been cleared to the effect that scandall might been justly charged upon the Commissioners was not the Generall or thesis whether betraying of trust or making defection from the Covenant and Cause if it be such a fault as deserveth exclusion from sitting as a Member in a General Assembly but this particular hypothesis whether the resolving that all persons in the land excepting such as are notoriously c. maybe admitted to joyn in Arms for just necessary defence of the Kingdom when otherwayes there cannot be Forces had otherways in warrantable prudence for defence of it item resolving that the time of civill censures inflicted by the Parliament upon persons accessory to former malignant courses as the sinfull Engagement might be dispensed with and taken off by the Parliament with this provision that none should be admitted to places of power and trust but such as are qualified positively according to the rules of the Word of God in that case held in our Solemn Engagement item ordaining Presbyteries to proceed with persons formerly guilty of malignant courses for admission of them unto publick repentance in a way conform to the rules set down by the Generall Assembly for admitting of such upon testimonials from Presbyteries bearing satisfaction given by them conform to these rules whether these things I say contains defection from the Covenant Cause consequently doth import betraying of trust in a Commission intrusted with the care of preserving the Covenant and Cause this is a question in jure that the Writer should have alleadged to have been clear I mean in the affirmative of it ere he alleadged that there was upon the late Commissioners a scandall of some presumptions that they had betrayed their trust made defection from the Covenant and Cause but the Writer passeth by this in silence Now though we might say and are able in the Lords strength to make it good that these things contained not any defection from the Covenant and Cause yet now we shall say but this that this was not at the time of the Protestation clear to the Assembly because as yet there was not any particular determination thereanent in former Generall Assemblies wherefore for further clearing of this matter that we are upon the excluding the persons chosen by their Presbyteries without contradiction to be Commissioners from sitting as Members in the Assembly upon alledgance of scandal against them it should be observed by all honest and ingenuous Readers that when the imputation of scandal upon them depends upon a particular hypothesis which at least is questionable and the very point of controversie betwixt them and their accusers is against all reason and equity that they should be holden to be under a presumption of scandall untill that hypothesis should be discussed and cleared and therefore untill that be done the Adversaries alleadgeance of scandall against them is to be held but a meer alleadgeance which by the Writers own confession is not a sufficient ground whereupon to exclude persons from being admitted to sit as Members in a Generall Assembly untill their cause be tryed and judged REVIEW I Shal pass the Authors interludes of the Writers believing that he hath cleared as with a Sun beam and gained his point and of that he doubts not but that the Writer and some others did intend to challenge for more and that there was a flagrant slander spread by some and that there was presumption enough in some men and come unto the discussing of that Sophisme as he is pleased to call it whereinto he will not determine whether out of inanimadvertencie or willingly the Writer as he alleadges hath run But let us hear what this Sophisme is The main and principal question de jure which should have been cleared saith he to the effect that scandal might have been justly charged upon the Commissioners was not the Generall or Thesis whether betraying of trust and making defection from the Covenant c. be such a fault as deserves exclusion from sitting as a Member in a Generall Assembly but this particular Hypothesis whether the resolving that all persons excepting such as are notoriously prophane c. may be admitted to joyn in Arms for just and necessary defence of the Kingdom when otherwise there cannot be Forces had in warrantable prudence sufficient for the defence of it c. If the right stating of the Hypothesis were the thing now directly in question it were needfull to consider more largely of the Authors stating of it but because it comes in on the by I shall onely desire these few things to be taken notice of in the state of the question which he gives first That it doth suppose something untrue to wit That Forces in warrantable prudence sufficient for defence of the Kingdom could not otherwise be had unlesse all persons in the Land excepting these included in the exceptions set down in the answer to the Quaere were brought forth If we may suppose that Forces equall in number to those who were invading the Land were Forces sufficient in warrantable prudence to defend the Land that number yea the double of it were to be found be North Forth to speak nothing of other parts in the Land out of which there were also Leavies made both of Horse and Foot though all the persons in question for their Malignancie and dis-affection to the Cause had been laid aside The Forces which by these Resolutions was leavied were by the acknowledgment of all who knew both the Armies as numerous if not more numerous than the Forces of the Adversaries and yet the Leavies in many places was but the fourth Fensible man and in few or no places beyond the third whence it will follow that either the two part of the persons in these places where the Leavies were made were such as did fall within the exceptions contained in the Commissions Answer to the Quaere or else that there was no such necessity of an universall coming forth as was allowed in that Answer and that therefore the necessity that was alleadged for imploying of these men who were formerly excluded was but meerly pretended Secondly That there were no such Items as he adds in the Commissions answer to the Quaere which was the foundation of the Publick Resolutions and the main thing in debate betwixt the Commission and the opposites of these Publick Resolutions The first Item resolving that the time of Civill censures inflicted by the Parliament upon persons accessorie to former Malignant courses as the sinfull Engagement might be dispensed with and taken off by the Parliament with this
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 ca●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
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
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
made thereupon in the Assembly But upon supposall that it was friendship and tender respect of some which yet upon the former considerations may be justly doubted of at least it was all or their most weighty reason to the Lord Wariston yet to say nothing of their being more moved with the fear of his danger then the prejudice of the publick Cause which could not but suffer two ways by smothering of the Letters and Papers therewith sent both by the want of the light held forth therein and by the imputation of smothering of it I wonder that the Assembly should have been so easily moved with these alleadgances which he speaks of to wit that the Assemblies precious time whereof they knew not how short liberty they might have should be spent in reading a particular mans Letter whereas the Committees were not yet nominate nor the Commissions Proceedings which is the first businesse that ought to be tryed yet looked upon and that the Papers offered to be read did amount to a volume which would have taken up all the Assemblies time though there had been no other businesse they being of a hundreth Sheets and the Letter being of four or five sheets of thick Write There was more time spent upon the debate of reading of the Letter then it would have been read in to it being not above the halfe of these sheets which the Author speaks of if his testimony who wrote it may be believed neither was the Assembly so much straitned with time else they were no good husbands of it because the first day they refused to read the Letter they spent a great part of a Session more then would have served for reading of the Letter debating about a Ministers mans and his gleeb as many honest witnesses can testifie and the Letter was urged and pressed to be read not only before but also after the nominating setling all the Committees both that which concerned the proceedings of the Commission and all others It was not a particular mans Letter if by a particular man he mean a private person writing of businesses of his own but it was the Letter of a publick servant of the Assembly writing of the publick businesses of the Assembly I mean the Clerk who was by his place bound to offer unto the Assemb from their Acts Records what he knew to be contributive for clearing of their proceedings especially in businesses of common concernment of the Church and this Letter did contain only purpose and businesse of that nature and nothing at all of private or personall concernments Amongst other things there was therewith sent an Extract of many Acts of former Assemblies extracted out of the Registers of the Kirk contradicting the Publick Resolutions For the length of the other Papers they were not so long but they might have been read in a day or two at most or if the Assembly would not have read them they might have committed them to some of their number to take inspection if there was any thing therein that might contribut to give light to the Assembly in the matter of the Publick Resolutions It is somewhat strange that the Assembly being upon the consideration and debate of these Resolutions whether they were agreeable to the Word of God the solemn League and Covenant the solemn engagement to Duties and other Acts and Constitutions of the Kirk that they should have refused to take in consideration or to read what was timeously offered to them in the contrary by their own Clerk and it is more strange that notwithstanding of this they will in the Act wherein they approve these Resolutions Preface thus after due examination long and much debate and mature deliberation but must it saith the Author be such a crime for which the Assembly must be judged null that such a motion was referred and delayed to a more convenient time It was not a delay to a more convenient time but a delay altogether let the Author tell us if he can when that convenient time came or whether the Letter was not wholly laid aside though not by a positive and formall resolution yet waved from Diet to Diet and never read which is the more considerable that the reading of it before the Protestation being so much urged and the Protestation containing reasons against the unlawfulnesse of the Assembly because of the want of freedome yet even after that the Assembly went on and approved the Commissioners Proceedings without reading of that Letter whatever the Author make of it I doubt all circumstances being considered if such an instance can be given in any free Assembly the refusing to read former Acts and constitutions of Assemblies and other things timeously offered unto them from the word of God and the Covenant and Publick Papers of the Kirk by their own Clerk out of their own Registers for clearing of the Commissions proceedings which were now in debate and if the term of refusall please not the Author the Assemblies proceeding to ratifie the procedings of the Commission without reading or taking in consideration these things offered unto them by their own Clerk out of the Word of God and their own Registers for clearing of these proceedings notwithstanding that the same was timeously offered and earnestly pressed by many members of the Assembly and promised by the Moderator to be read I believe common reason teaches and these who treat of the nullity of Judicatories and sentences tel us that it is a relevant groud of a declinator or appeal if the judge give sentence without hearing what is timeously offered unto him out of his own Acts and the Laws by which he is bound to judge for clearing of the cause As to that instance given by the Author of a Paper laid aside in the Assembly 48. or 49. The Writer saith that he is so far from remembring it well that he doth not remember it at all neither yet doth others whose memories are better then his Its strange that the Author should know it for certain and yet should neither know what Assembly it was not what the businesse was nor who the persons were yet because he affirms it for certain I shal not deny it nor say that it is untrue but till he tell us the particular circumstantiat case and make it to appear that it is a paralel of the case now in question I think he wil alow us not to lay weight upon it Before he close his Answer to this Argument he labours to Vindicate the Commissioners from being Authors of smothering a Paper of Sir Archibald Jonstons because of a Protestation therein contained against a Paper of theirs approving what was done by the King and Committee or Estates against the Ministers of Sterline and tells if the Writer meant so it is a wrongfull slandering of them The Writer hath said nothing that may import that which the Author cals a slander He thinks that it is insinuate but I think he hath more
Committee of Estates The Assembly continues until the morn at ten hours that Examination of the Proceedings of the Commission of the late Assembly and do appoint that time for Hearing any New Exceptions the Committee of Estates hath to give in against the Proceedings of the said Commission PAPER sent into the ASSEMBLY WHereas it hath been the constant Care and Endeavor of the Parliament and Committee of Estates To use all means for removing and setling the Differences betwixt the Church and the State and in pursuance of that good way The Committee did yesterday give in some new Desires and Offers to the Gen. Assembly That some might be appointed to meet and confer with such as should be appointed by the Committee therupon But since instead of imbracing and laying hold of this opportunity of composing Differences The Gen. Assembly doth proceed toward an approbation of the proceedings of the Commissioners of the Assembly wherby we conceive all hopes of making up the Breaches will be removed and the prejudices will be great that will thereby ensue to this cause and Kingdom For preventing whereof we hold our selves obliged again to desire you as you tender the furtherance of the work of Reformation the Good Peace union of the Kingdoms and the composing of all Differences and Jealousies that you would apply your selves to these our Desires and appoint some of your Number to confer with us therupon for the Exceptions we have against the proceedings of the Commissioners of the Gen. Assembly We have confidence a Conference may preveen the same and are more willing not to give them in at all or at least only to give them in to those you shall appoint to confer with us that if it be possible Differences may yet be removed Then that we be necessitate to appear in publick amongst them And that this and our former Paper may remain as a testimony of our Desires for Unitie and Peace we desire that they may be Recorded in the Books of the General Assembly The Assembly do give this humble return to the Papers sent this day from the Hon. Committee of Estates That they are most willing to appoint a conference with any of their Lordsh number but that according to the Order and Acts of former Gen. Asemblies they conceive themselves obliged first to examine the proceedings of the Commission of the late Gen. Assembly and thereafter shall be willing to confer being also now ready as of before to hear Exceptions if there be any against the proceedings of the said Commission Subscrib A. Ker. The Committee of Estates understanding that the Gen. Assembly is to proceed to the examination of the proceedings of the Commissioners of the late Gen. Assembly in order to an approbation before they agree to a Conference and the Committee being to give in their just exceptions against the proceedings of the said Commissioners do desire the Gen. Assembly to allow some few dayes delay to the Committee to prepare their Exceptions before the Assembly proceed in the Business The Assembly continues the examination of the Proceedings of the late Gen. Assembly until four afternoon and appoints that time for Hearing any new Exceptions the Honorable Committee of Estates have to give in against the Proceedings of the said Commission Subscrib A. Ker. The Committee of Estates finding it impossible in so short a time to prepare their Objections against such of the proceedings of the Commissioners of the General Assembly as relates to their Engagement and yet being most willing to essay all fair means for procuring an happy Understanding betwixt Kirk and State are content to appoint some of their Number to meet with such as shall be appointed by the General Assembly for Composing of Differences betwixt the Church and State without prejudice to them to use all their just Objections against the proceedings of the Commissioners of the late General Assembly if the Conference shall not produce these happy Effects they earnestly wish The General Assembly unto the Motion sent this afternoon from the Honorable Committee of Estates Do return humbly this Answer That they yeeld to their Lordships Desires of a Conference and for this end appoints M rs David Calderwood David Dickson Robert Douglass Andrew Cant John Moncreif John Smith and John Mac Clelland Ministers and the Earl of Cassilles the Earl of Louthian Lord Balmernio the Lairds of Moncreif and Freeland with the Moderator to confer with any appointed by the Honorable Committee of Estates at such time and place as shall be appointed by their Lordships upon the present Dangers to Religion and the cause of God the great prejudices done to the Liberties of the Kirk and the best remedies thereof And to Report the Result of their Conference from time to time And they have also Power to receive any Offers or Papers from the Honorable Committee of Estates and to present the same to the Assembly Declaring that the proceedings of the Commission of the late Assembly being new exactly tryed and unanimously approven there is no place left for any Objections against the same Subscrib A. Ker. Reasons why these who dis-approved the Publick Resolutions and Acts at Dundee Ratifying the same and ordaining censures to passe upon the opposers and unsatisfied cannot keep the Assembly now indicted nor be consenting unto the Election of Commissioners for that effect THe chief cause of many evils which have befallen this Church in time of defection under Prelacie being clearly determined by the Gen Assembly at Edinburgh 1639. to have been the keeping and authorizing corrupt Generall Assemblies it is of high concernment that we take heed that we be not consenting nor concurring to the keeping and authorizing such Assemblies in this declining time amongst which the Assembly indicted by the Commissioners of the pretended Assembly at St. Andrews and Dundee is to be reckoned and consequently ought not to be keeped by any who have protested against or are in their consciences unsatisfied with the Publick resolutions and Acts of the Assembly at Dundee establishing the same as involving defection and backsliding from the Cause of God and Covenant To speak nothing of the indiction of the ensuing Assembly which can neither be acknowledged by any who have protested against or by any who doubts of the freedom● lawfulness and constitution of the Assembly at Dundee but allanerly of the constitution thereof in so far as it depends upon the Acts of that Assembly These reasons seem to warrand and require the forbearance and non-concurrence of all these who disallow of the Acts of the pretended Assembly at Dundee in the election of Commissioners unto a keeping the diet of the Assembly now indicted 1. No man ought to be consenting unto the authorizing of Commissioners to keep an Assembly which is constitute by a corrupt rule But in the judgment of such as approve not the Acts of the Assembly of Dundee the ensuing Assembly is constitute by a corrupt rule Ergo The major