Elections or Commissioners are questionable to whom we desire it earnestly to be recomended that they would in an unanimous way make choice of men of approven abilities and integrity and against whom there can be no exception by the Acts and Constitutions of this Church And in the last place We do humbly represent and desire that in the interval of time betwixt this and the Dyet to which the Assembly shall be adjourned there may be a Solemn Publick Humiliation throughout the Land wherein God may be intreated to shew us why He contends with us and to give light and clearing on all hands concerning the present differences of judgment and distempers of spirit that are amongst us that we may be of one mind and one heart for the carrying on of the Work of God amongst His People And Your Wisdoms Answer Subscribed by sundry Ministers of the Gospel St. Andrews July 18. 1651. HOw gracious the Lord hath been to the Church of Scotland in giving to her pure Ordinances we trust shall be acknowledged by us whilest we live with thankfulness to the Most High of whom we desire mercy and grace to adhere unto the Doctrine Worship Discipline and Government established in this Land Amongst the many sad tokens of the Lords Indignation against this Church The present Differences of His Servants of the Ministry is looked upon by us as one of the greatest And as we hold it a duty to be deeply humbled before the Lord in the sence thereof and by all lawful and fair means within the compass of our power and station to endeavor the remedy thereof so we do ackdowledge a free General Assembly lawfully called and rightly constituted and proceeding with meekness and love in the Spirit of the Lord Jesus Christ according to the Rule of the Word and the Acts and Constitutions of this Church to be amongst the first and most effectual means appointed of God for attaining this end and for preserving the purity and advancing the power of the Work of Reformation in this Age and transmitting the same to our Posterity and to the Ages and Generations that are to come But as the faithful Servants of God in this Church in former times did by His good Hand upon them in the right administration of free and lawful Assemblies bring the Work of Reformation in Scotland unto a great perfection and neer conformity with the first pattern So unfaithful men minding their own things more then the things of Christ and usurping over their Brethren and over the Lords Inheritance did deface the beauty thereof first by encroaching upon the liberty and freedom of Assemblies afterwards by taking away the Assembly themselves Therfore remembring the many bonds and obligations that lie upon us before the Lord and being desirous to be found faithful in this day of temptation and to exoner our consciences as in His sight and to avoid accession to that guiltiness in which many have involved themselves and conceiving that this present Meeting is not a free lawful Gen. Assembly of the Church of Scotland in regard that the Election of Commissioners to the same hath been pre-limited and prejudiced in the due liberty and freedom thereof by a Letter and Act of the Commissioners of the last Gen Assembly sent to Presbyteries appointing such Brethren as after conference remain unsatisfied with and continue to oppose the Publick Resolutions to be cited to the General Assembly And in regard that Commissioners from many Burroughs and Presbytries are absent as wanting free access by reason of the motion of the and in regard that many of the Commissioners of the former Assembly who have carried on a course of defection contrary to the trust committed to them and who in their Remonstrances and Papers have stirred up the Civil Magistrate against such who are unsatisfied in their consciences with their proceedings and who have by their Letter and Act prelimited the Assembly are admitted to sit and vote as Members of the Assembly and their Moderator appointed to be Moderator of the Assembly notwithstanding that timous exception was made against them that they ought not to be admitted as Members of the Assembly until their proceedings were first tried and approven by the Assembly And in regard that his Majesty by his Letter and his Majesties Commissioner by his Speech to the Assembly hath incited to hard courses against those who are unsatisfied in their consciences with the proceedings of the Commission Before these proceedings be tried and approven by the Assembly it self We do upon these and many other important grounds and Reasons to be propounded and given in in time and place convenient protest in the Name of the Church of Scotland and in our own Names and in the Name of all Ministers Ruling-Elders and Professors of this Church who do or shall adhere to us against the validity and Constitution of this Assembly as not being free and lawful and that they may not arrogat nor assume to themselves any authority nor exercise any power or jurisdiction for determining of Controversies making of Acts emitting of Declarations judging of Protestations or Appeals or proceedings of Synods or inferior Judicatures or censuring of Persons or Papers or issuing of Commissions of whatsoever sort to any persons whatsoever and particularly we protest that they may not proceed unto the approving or ratifying of the proceedings of the former Commission not only because of their want of just power and authority so to do but also because these proceedings contain many things contrary to the trust committed to these Commissioners especially the allowing and carrying on of a conjunction with the Malignant party and bringing them in to places of Power and Trust in the Army and in the Judicatures contrary to the Word of God the Solemn League and Covenant the Solemn Confession of Sins and Engagement to Duties the constant tenour of the Declarations Warnings Remonstrances Causes of Humiliations Letters Supplications and Acts and Constitutions of this Church and the laying of a Foundation for the Civil Magistrate to meddle with Ministers in those things which concern their Doctrin and the exercise of Ministerial Duties before they be cited tried and censured by the Judicatories of the Church And we protest that whatsoever Determinations Acts Ratifications Declarations Sentences Censures or Commissions that shall be made or given out by them may be void and null and may be interpreted as binding to the Church of Scotland and that notwithstanding thereof it may be free for us and such as adhere to us to exercise our Ministerie and enjoy the warrantable Christian liberty of our consciences according to the Word of God the National Covenant and Solemn League and Covenant and Solemn Engagement to Duties and all the Acts and Constitutions of this Church and that there may be liberty to chuse Commissioners and to conveen in a free lawful General Assembly when there shall be need and the Lord shall give opportunity and to add
what further Reasons shall have weight for shewing the nullity of this Assembly and the unwarrantableness of the proceedings of the Commission of the former Assembly And that these Presents may be put upon Record by the Clerk in the Regesters of the Assembly to be extant ad futuram rei memoream and that we may have subscribed Extracts thereof under the Clerks hand This following Paper was inclosed in a Letter from the Lord Wariston to the Meeting at S. Andrews which Letter although it could not be gotten printed yet we have published the inclosed both because it tendeth very much to clear That the way of protesting against every encroachment upon the liberties of this Church is no new thing but hath been the constant practice of our faithful Predecessors from the beginning of the work of Reformation And also because it doth contain a particular Testimony against the Ratification of the Paper given by the Commission of the Kirk to the Parliament anent the confinement of the Ministers of Sterline and of all other Papers prejudicial to the Covenant and Cause of Jesus Christ The Paper inclosed within the Letter containing a Narration of some former Protestations with My present Protestation subjoyned thereto ANent the Protestation it may be remembred that the Doctrine and Discipline of the Kirk of Scotland sworn to by the Covenants is clear anent thâ—s Râ—ght and Priviledge acknowledged even by King and Parliament That none of her Pastors can be judged or troubled by King Councel or Parliament for their preaching and Ministerial Duties â—nless the Assemblies of the Kirk the onâ—y competent Judges thereof had first cited tried and censured them therefore and had upon their disobedience craved the concurrence of the Civil Magistrate for clearing whereof remember that this having been mightily debated betwixt the Kirk and the State it was not only thereupon maintained and declared by the General Assembly in 1581. immediatly after ratâ—fying the Book of Discipline and swearing the National Covenant but also is acknowledged by the King and the Councel in the Case of Mr. Walter Balcanquel who had been challenged for a Sermon as seditious thereafter in the Assembly 1582. John Dury being challenged by King and Councel for his Sermon as seditious and being advised by his friends to retire and seeking the Assemblies advise seeing his Doctrine accused to the Councel was justified by his Presbytery and Session he was directed to the Assembly to abide rather the charge of Horning and Caption and give his testimony against their Procedor then privatly to retire And the whol Assembly gives in their Grievances to the King and to the Estates complaining that this their Procedor is one erection of a Popedome in the Kings Person and a wronging of Jesus Christ the only King of the Church wherein the spirits of the Prophets are subject to the Prophets and a confounding of the Spiritual and Temporal Jurisdiction which God hath divided Thereafter when the first Act of the Eighth Parliament 1584. giving power to the Kings Councel to enquire and examin anent these things was proclamed it was protested against by the Ministers of Edinburgh in the Name of the Kirk of Scotland who in that hour of darkness was put to Banishment and thereafter Mr. David Blake and Mr. Andrew Melvin being cited for their Doctrine before the King and Councel declined from both and entred a Protestation and in the Gen. Assembly June 1587. the King the Estates in the case of M. John Couper and Mr. James Gibson Ministers acknowledged the Assembly to be the only competent Judges and desires them to try and judge And such like thereafter in the case of John Rosse in the Assembly 1594. and the King and Parliament 1592. in end of the first Act which is anent Assemblies Repealed the foresaid Acts 1584 in so far as they were prejudicial to the Priviledges which God hath given to his Spiritual Office-bearers in His Church The Assemblies 92. and 94 95 96. gives most free admonitions to the King and Estate to abstain from such Procedors lest they commit High-Treason against Jesus Christ the only Monarch of His Church for whom they behoved to fight by the Spiritual Armor granted to them of God and potent in Him for overthrowing all strong holds and bulwarks set up against His Kingdom amongst which it was a main one to have the freedom of the Spirit of God in the rebuke of sin restrained in the mouth of His Servants and to extinguish the light which would shew the unlawfulness of their proceeding and stop under the name of vice of stirring up sedition and tumult the liberty of preaching When Mr. John Craig and Mr. Andrew Melvin were threatned for their Declinator and free speech against the Acts 84. by Chancelor Arrane at the Councel-Table with stobbing they instantly unloosed their Buttons and laid their Breasts open and bare saying They durst receive if he durst strike and then publickly fore told the Judgment which God brought to pass upon him shortly thereafter And Mr. Nichoal Daglish spoke no less resolutely when the Scaffold was erected for him and so did Mr. Welsh and his collegs 1606. both when they declined and protested against the King and the Councel and when they were panold and condemned at Lithgow I need not insist on the large Declaration and the Reasons thereof emitted in this very point against the States proceedings by the Grand Commission of the Assembly 1596. appointed on purpose Ne quid detrimenti Ecclesia capiat Nor yet to insist on the Fourth Act of the Parliament 1640. anent the Assemblies determining all Ecclesiastick matters Nor the Sixth Act Rescissorie which establisheth that of the 92. c. And in the end rescinds all Confinements Banishments Deprivations made in the times of defection which Two Acts were ratified in the large Treaty Neither need I to remember the end of the Kings Oath prescribed in 1567. and sworn by his Majesty lately at his Coronation Nor the beginning of the Parliaments Oath Nor one of the main Articles of the late Treaty with this King anent the Determination of matters Ecclesiastical Neither need I transcribe the three last Leavs of the Commission of the Kirks Vindication of their proceedings from the Parliaments Letter May 11. 1648. which speaks fully to this point Neither need I transcribe the sixth Page of the Committee of Estates Observations upon the Assemblies Declaration 1648. wherein they claim power to challenge Ministers for seditious Doctrine Whereunto the Commission of the Kirk in their Reply page 14. say That the judgment of Ministers Doctrine belongeth to the Judicatories of the Kirk both by Divine-Right and by the Law of the Land and we hope your Lordships do not intend under colour of quarelling sedition a new way of judging and trying Ministers Doctrine nor to assume to themselves the exercising of the same Power over all persons of whatsoever state degree function or condition they be of in all matters
was that was given to the Generall Assembly of that businesse some of the Commissioners confession before the Commission of the Church at Striveling after Dunbar doth bear witnesse it may be remembered that the Moderator then regrated that the plain businesse was not made known to the Generall Assembly and that most of what was spoken in that debate at Striveling tended rather to clear the Gen. Assembly then to justifie the Treaty and indeed these after discoverie of hidden and sinfully concealed truths may plead for a fair construction of what the Assembly did in approving their Commissioners proceedings which belike they would not have approven if they had known all the truth And do afford sufficient ground for the Remonstrators afterward to Remonstrate them without reflecting upon the Assembly or upon their own professions of respect to the Doctrine and Government of this Church Secondly these acts were not so most unanimously concluded as the Author affirmes It is true that there was no Protestation nor open and plain dissent by any member of the Assembly against them but severall members who had profest their dis-satisfaction with that matter in private when it came to be voted in Publick they did so qualifie their Vote that it did relate onely to the approving of the diligence of the Commissioners insinuating that they were not clear to approve of the mater I acknowledge that it was a weaknesse that they did not plainly declare their minde which some of them were requested to forbear but this shews that there was not so great unanimity in that matter as he speaks of He is not ignorant that as that businesse was from the first to the last rashly transacted and against the inclinations of the generality of the Godly in the land whilst they yet did see the King continuing in his opposition to the work of God so also against the inclination of many in the Assembly who yet could not find a ground to dissent oppenly from that conclusion because of the fair representation of the matter made to them Thirdly before the Remonstrance was penned there was palpable and clear discoveries of the hollownes of that transaction in Holland the King had given Commissions to the Malignants to rise in Armes and had himself deserted the Judicatories and gone away to join with the Malignants and severall other things of that kinde were made known before there was any meeting about the Remonstrance let be any conclusion taken upon it Fourthly there could not be any address to these Judicatories by way of supplication or otherwise to desire them to re-examine or to take to their consideration again these Acts and Constitutions because the Gen. Ass which only by the Authors own acknowledgement had power so to do was not then sitting nor to sit for eight or nine moneths thereafter and the Lord having smitten us so sore as at Dunbar and being still threatning more wrath it was no time to delay nor dallie the representing the grounds of his controversie Fifthly when that Remonstrance past the Forces of the West were enclosed between the English Forces at Glasgow and those at Carlile and resolved to lay down their lives in the defence of their Religion and Country and therefore thought themselves bound to exoner their consciences in a free and plain way and to leave that Testimony behinde them concerning the guiltinesse of the Land and the Judicatories thereof Sixthly that Remonstrance was not the deed of some of the Protesters onely but for the substance First the deed of one of the best and most famous Synods of this Church and afterwards both for substance and words the deed of a very considerable number of Officers gentlemen and Ministers whose integrity and zeal for the Publicke Cause from the beginning was known and approven not onely to the Judicatories of Church and State but to all good men throughout the Land Seventhly that as it is true that these who came with the Remonstrance to present it to the Committee of Estates being required if they had any power committed to them to change any thing thereof did plainly declare that though some expressions might be changed yet they had no power to alter any thing in the matter So it is no lesse true that these who did require them if they had any such power being told that they had power to communicate the same unto them before they gave it in to the Committee and to take their advice and assistance therein did not after the reading and hearing thereof professe any dislike of the matter therein contained much lesse did they use any arguments to diswade them from giving it in which gave just ground to the other to think that they did approve thereof they being men of such ripnesse of judgement freedome intimacy and friendlinesse with these who gave it in that they could not but look upon their silence as an approving of their way Eigthly let it be considered whether the Remonstrators or these who were hugged by the Commission of the Church and the Meeting at St. Andrews and Dundee was their best friends and most forward for the Publick Resolutions are this day most tender of the Liberties of Church and State the latter consenting to all the demands of the present power and the former every where refusing as to that which is said to be proved by Mr. John Carstares his Letter to the Lord Register how weakly is this alledged Mr. John Carstares was then a prisoner at Edinburgh the Remonstrators were at Dumfreis the Remonstrance was presented at Striveling he knew not so much as either matter or forme of the Remonstrance till it was presented how then could he give advice therein Or if his Letter was intercepted how could that advice come to their hands that they might hearken thereto If there had been any thing in that Letter that made for his purpose why did not the Author cite the words of it after the intercepting thereof It was shewed to Mr. Robert Dowglas and diverse others and as it did then so if it were needfull to make it publick it would now prove that there was nothing in it of which either Mr. John or my Lord Register needs to be ashamed and it would abundantly confute the calumnies of some and correct the mistakes of others particularly in the thing for which it is alledged VINDICATION SEcondly publick vilifying of Acts of the Generall Assembly as not to be pressed in matters of conscience witnesse Mr. James Guthrie his Speach uttered publickly in the Commission at Striveling where in conference upon the Western Remonstrance when the Moderator did once and again presse the Act of the Generall Assembly approving the close of the Treaty with the King and the Declaration of the same Assembly emitted when the English Army entred the Land against that part of the Remonstrance condemning the close of the Treaty he publickly answered Presse me not with humane constitutions in matters of Conscience all
oâ— the Causes of the Lords controversie and offer and advise the â—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 baâ—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 condâ—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
of Sion and happy were the man that could be the Peace-maker and repairer of our breaches But if the late and present practice of these our Brethren do well agree with Profession let GOD and indifferent godly men judge I shall not now insist upon the carriage and motions of some of them in the beginning of the late Assembly at St. Andrews which were by a reverend and judicious godly man in their own hearing said justly to be fiery motions and petere jugulum pacis nor yet upon the Protestation against the Assembly as to this effect of which I am now upon I shall onely say this for the present had it not been a more probable and Christian like mean for the remeading of the divisions to have dealt for a Meeting of judicious and godly men on both sides which certainly was within the compasse of their power and station for a brotherly and amicable conference in equal terms about the differences then they being but the one side to take upon them the Authority of a publick Judicatorie and by themselvs straight way to condemn the other side as guilty carrying on a course of defection and that to be the main Cause of the Lords wrath on the Land and to go on in that continued and assumed Authority and acting by vertue thereof as they declare peremptorily they will do in their answer given to the moderat and peaceable Paper sent to them by the Synod of Lowthian in their late Meeting in November whileas the most part of the Ministery in this Kingdom cannot in conscience but give Testimony against this as usurpation which may heighten differences and render them more incurable might not these things have been forborn without prejudice to themselves for peace safety at least till that other way had been essayed I speak not now of the lawfulnesse of the late Assembly or of the Publick resolutions but supposing these matters to be sub judice as they are at most betwixt us and them could there have been a way more obstructive to union between the parties differing or more effectuall to render the divisions desperate then for the one party and that the far lesse party by more at ten to one to condemn the other in a Publick way and represent them as the main procurers of the wrath of GOD upon the Land and to take upon them at their own hand to be judges over their Brethren GOD will not be mocked this is not agreeable to their Profession and endeavors by all lawfull and fair means to use Remedies of Peace What these our Brethren wil do hereafter towards Peace I wil not nâ—w take upon me to predetermine nor to prepossess any with prejudices against them many of them I am perswaded are men fearing God and not only loving the Peace of Sion but also are learned and understanding in these things that belong to the Peace of the Kirk yet certainly it is feared by many both godly and wise that some amongst them for all the businesse that is made about Conferences upon differences which indeed are not to be rejected but to be followed by all means and professions made of aims and desires thereby to have all divisions removed yet hath no other purpose but so far as they can to strengthen their own way in every point and to fix the division from the most part of the Kirk of Scotland the good Lord avert this but if this appear at last we hope that men of understanding and soundnesse upon that side of the differences wil remember and make use of what they have learned and know and have professed concerning the Church Constitution and of schisme and separation against independents and separatists REVIEW THere is nothing said here of the Protesters that doth infringe the integrity of their Profession and resolution by all lawful and fair means within the compass of their power and station to endeavor the remedy of the divisions it is true that one of the members of the Commission to whom I do not deny the Testimony of a reverend judicious and godly man did call the exceptions propounded against those members of the Assembly who had been members of the Commission a firy motion and such a thing as petit jugulum pacis which was not then more sharply spoken then it was modestly taken but to say nothing that in that particular he was a party that speaks so pace tanti viri there was no just reason to call it so the exception being so wel grounded as it was I wish the Author may lay as much weight upon the words of that worthy man in other things concerning the Publick resolutions as he doth in that speach of his As to the Authors discourse concerning their taking upon them the Authority of a Publick Judicatory and declaring peremptorily that they will so do and condemning the other side they being by far the fewer number and whilest the matter was yet sub judice when he shall be pleased to give us an answer concerning his and other mens taking upon them to be an Assembly and to make acts not onely condemning their Brethrens judgement but also censuring them with the sentences of suspension deposition then shal an answer be given him concerning this If it be said that they were an lawfull Assembly but the other was no lawfull Commission that is the question and if truth be on his side as to the freedome and lawfulnesse of the Assembly what he sayeth of their setting up of the Commission hath weight but if that Assembly was no Assembly then was the former Commission still standing and they were in no fault to conveen and exercise the same it is true that the matter is sub judice but was not the matter also sub judice betwixt the Meeting at Dundee and the Protesters when that Meeting took upon them notwithstanding of the Protestation to be an Assembly and did make acts censuring some and laying an foundation for the censuring of all these that should refuse to acknowledge their constitution or after conference oppose their Acts. In answer to the rest of his discourse upon this head I desire the Reader to take notice that after severall essayes of a conference with the Commission by the Synod of Glasgow to litle or no effect at the Meeting at St. Andrews these who were dissatisfied with the Publick resolutions did offer to the Meeting a humble suppcation desiring them to forbear to constitute themselves in an Assembly and to adjurne the Meeting untill peaceable and fair means should be used for composing of differences which was altogether refused to be read then after that the Meeting had constitute themselves in an Assembly it was desired by these brethren that they would appoint some of their number to confer with them about differences which was long tenaciously opposed as carrying with it a reflection upon these of the Commission who had carried on the Publick Resolutions and a
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
the Assemb rejecting of the exceptions and allowing the Commissioners against whom it was propounded to sit notwithstanding the propounding thereof was a real approving of the Commission and of what the Presbyteries did thereupon as we shal afterwards Godwilling clearly shew Thirdly he sayeth that the Assembly had not yet considered the proceedings of the Commission neither was it in their power to cognosce upon exceptions against the Commission without change of the order of proceedings which had been used constantly in all time by-gone This is a pretty fancie to defend an ill cause the Church of Scotland have found it necessary in the intervall betwixt Generall Assemblies to have her Commission whose trust should be to preserve the Liberties of the Church and to take care of some things of more General concernment committed unto them and that in all these things they should keep themselves within the bounds of their Commission and proceeding according to the standing Acts of former Generall Assemblies and that in the next ensuing Assembly they shall give an accompt of their proceedings during the whole time of their Commission in the beginning of the Assembly before any other Cause or matter be handled and their proceedings to be allowed or dis-allowed as the Assembly shall think expedient Now saith the Author this matter of pre-limitation being an exception against the Commission could not be taken in consideration without the change of this order I shall not say that it might have been done without any shadow of change of order But I desire to be considered that it never was the intention nor did it ever come into the mind of any free lawfull Generall Assembly of the Church of Scotland to give power to their Commissioners to give Lawes concerning the constitutng of an Assembly these are clearly set down in the Policy and Acts of the Church according to which the Commission ought to walk in all things committed to their trust not medling with any thing not committed unto them much less medling with it in a way contrary to that Policy these Acts and therefore did they appoint the proceedings of these Commissioners to be tryed and allowed or dis-allowed in the next Assembly before the doing of any thing else Now a Commission contrary to their trust doth meddle with the Constitution of an Assembly and by their Letter and Act and the deed of Presbyteries thereupon the elections are prelimited as the Author is content to suppose and when the Assembly meets and this is proponed as an exception to be taken in consideration against such Members of the Ass as was Members of that Commission he tels us it cannot be considered without change of order being an exception against the Commissioners proceedings What a sad case the Church is brought to by this means that â—s to suffer the constitution of her Assemblies to be corrupted by her own Commission and that without remedy or why it must as to the Constitution of the Assemb be taken in consideration before the admitting of these Commissioners to fit as Members or else not at all because if if the Commissioners be once received the Members admitted and the Assemb constituted hoc ipso that these things are done that prelimitation is approven or why the Assem hath already constituted found themselvs a lawful Assem with these Commissioners inclusive notwithstanding of that exception That the matter may be yet further cleared it would be considered that against the constitution of Judicatories in their Members there may be exceptions of severall sorts some that are more personall or particular relating to one or two or some few upon personall scandals and miscarriages Some more common and universall that concerns all or many a Judicatory may proceed to constitute it self and act as a Judicatory before discussing â—xceptions of the first sort having laid aside the Members against whom these exceptions are propounded till conveniently they may be gotten tryed and discussed because there is no exception but against a few and upon particular and personall sâ—andals the far greater part being Members uncontrolable and rightly qualified but they cannot proceed to constitute themselves and act as a Judicatory before discussing of exceptions of the second sort unlesse we would suppose that after constituting themselves into a Judicatory or finding themselvs to be a Judicatory they might again find themselvs to be no Judicatory Exceptions of a more common and universal influence against causa causae of the Constitution of an Assembly to wit against Elections which is the ground of the Commissions as the Commissions are of the constitution of the Assembly ought to be considered before constitution be declared for unfree Elections make null Commissions and all or a great many null Commissions make a null Assembly From these things I trust it is manifest that the exceptions against the freedome of Election because of the Act and Letters of the Commission and the deed of the Presbyteries following thereupon ought to have been taken in consideration before the Meeting did constitute themselves in an Assembly and that the Commissioners whom that exception did concern ought not to have been admitted to sit as Members before the trying and discussing thereof as to that of the change of the order of proceeding which had been used constantly upon which the Author seems to lay so much weight besides what is answered already I say there needed no change in that Order in discussing of any thing that was intrusted to the Commission for this was not within the compassâ— of their power and trust but diametrally opposite to the same and therefore the Commission having so far exceeded their bounds as to meddle with Constitutions of the Assembly by prelimiting of the Elections this did unavoidably necessitate the cognition and consideration of that part of thâ— Commissions proceeding so far as it did relate to the Constitution of the Assembly though not formally as it did concern their carriage I know not to what purpose the Author alleadges that that order was on a debate wâ—th the Parliament it self in the year 1648. established by a former Act as the Protesters themselves well understood would he by this insinuate that there was a debate betwixt the Parliament and the Assembly concerning the Commissions pre-limiting of Elections and that the Parl. desired this to be considered of before the Assemblies constituting themselves into a Judicatory and that the Assembly did refuse it and afterwards established the Act which he speaks of Oâ— that the Parliament did desire the Commissioners of the former Assembly should be removed from sitting as Members in the Assembly 1648. untill the Exceptions propounded against them by them should be taken in consideration and discussed If he mean any of these he is much mistaken because there was no such debate betwixt the Parliament and the Assembly nor betwixt the Assembly and any persons whatsoever in the year 1648. as we shall afterwards convincingly clear And
provocations which are great and many they would by this also have been accessory to what the Nation smarts under this day as the righteous reward of such revolting from God and therefore if ye have no more to instance but this it doth not prove but that they may all of them be still called faithfull and honest men Secondly he sayeth Be it so that some were wont to be chosen Commissioners who were not now chosen yet this is litle to the point that Elections was carryed by influence of the Commissions Letter and Act. But granting that Presbyteries did upon that Letter and Act leave their wonted way these years past in thâ—ir Election it is to the point in hand because it is praesumptio juris de jure that this change flowed from the influence that the Letter and Act had upon them the Author seeing somewhat of this intimates another cause that moved that change to wit that the whole Kirk was growing sensible of this thing as dangerous whereby the whole power of Publick Government was near become settled in the persons of some particular men and these but a few as constant Commissioners in which he thinks there will be need to pre-limite Presbyteries that they make not an use of it If the Lord shall be pleased again to grant the Liberty of an Assembly But to say nothing that this was the language which was wont to be spoken by dis-affected men these years past especially dis-affected Ministers who fell under the censures of the Church whose pretences and alleadgeances in this particular have strength added unto them by the Authors asserting the same thing It is non causa pro causa as will appear by these two things First there were a good many of these who were for the Publick Resolutions who had wont to be Commissioners these years past and who had a great some of them a greater swey in Government than the other and yet most if not all of these were chosen also the last year Now if that was the cause which the Author speaks of why did it not bring forth the like effect in regard of both seeing both were alike lyable to that exception Next if the whole Church was so grown in the sense of that evill why did they not provide the remedy at the last Assembly it being in their power so to have done and the Commissioners as the Authors assertion will import having such an impression of the same upon their spirits If the Author will speak his Conscience I think he will not deny but if these men whom he saith to have been excluded upon that ground have been for the Publick Resolutions even these amongst them whom that ground might have been conceived to reach most would have been chosen and admâ—tted Commissioners as well as others If the whole Church was growing sensible of this thing surely the Meeting at St. Andrews did litle regard or expresse it when they choosed one to be their Moderator who not onely had been Moderator of the former Commission whose proceedings were then in question and to be examined but also in many preceding Commissions and Aâ—len biâ—es and who had been a chief Aâ—tor all that while in all these things that concern Publick Government which I speak not to bear any paâ—ticular blame upon him or upon his carriage but to let see that either the whole Church was not growing sensible of this as the Author insinuates or else that hâ—r sense of it in her Representative was let out or holden in upon men according to their judgment and carriage in the Publick Resolutions and so was not the cause of the Presbyteries not choosing such as they were wont to choose Thirdly Thaâ— few opposers were chosen he thinks it is no wonder because they are but few in comparison of the rest of the Ministery of the Land How few soever they were in comparison of thâ— rest of the Ministery in the Land yet these of them who were formerly wont to be chosen Commissioners were not few in respect of the rest of the Commissioners neither yet were they so few as the Author reckons them when he sayeth that four parts of five of the Presbyteries had in them at that time no opposers to the Publick Resolutions nay they were and are still a very considerable number and whensoever an exact calculation shall be made by a particular list of the whole Ministery in the Land and of these who were against the Publick Resolutions at the time of the Elections and of the whole Commissioners of the Assembly at S. Andrews and Dundee I believe it shall be found that the number of Commissioners who were chosen from among these who were against the Publick Resolutions waâ— no way in proportion answerable to the number of the other That some unsatisfied were chosen without another Election and without Protestation even when neither whole Societies were unanimous against the Resolutions not yet the plurality were opposers he doth affirm it but doth not prove it for the instances which he gives of the Commissioners both of the Presbyteâ—y and University of Aberdeen prove nothing lesse For the University the Letter and Act came not to it at least were not read in it and the plurality there were opposers of the Publick Resolutions And for the Presbytery by his own grant there was a Protestation against the opposing Brother who was chosen which was taken up again with much difficulty and by earnest dealing of some of the Brethren opposite to the Publick Resolutions whose desire was condescended unto with condition that their should be a third Commissioner it being in the mean while suggested in private that he who had first appeared in the Protestation against the opposers might be the man which I relate not upon hear-say but upon the subscribed testimony of these who were witnesses to the matter of fact So I hope that nothing against the truth hath been asserted by the Writer in this part of his Answer The Author sayeth in a Parenthesis that dissenting in the enumeration is idlely reckoned up Why he should say so I do not conjecture unlesse that it be he thinks dissenting and protesting the same thing which they are not as appears clearly from an Act of the Assembly 1644. concerning dissent and Protestations in Presbyteries He seems unsatisfied with the Writer that whilst he makes enumeration of elections of Presbyteries divided in judgment some doubted some dissented from or protested against some both wayes that he gives no particular instances of all these sorts but only two and he tells his Reader that he suspects he can give no more or very few But he is suspicious without cause moe can be given and are given by the Writer in that very Paper that the Author is replying to and moe then all these can yet be given if need be And though they were but few this is no great wonder because there was but few Presbyteries did choose
Resolutions of the late Commission were point blank contrary to the Covenant and the former Acts and Constitutions of this Kirk Answer this is the onely materiall difference between the two Acts taken to wit from the matter that the Commissions Resolutions 48. were right but the other 51. wrong and upon this alleadgance that the Resolutions of the late Commission were contrary to the Covenant and Constitutions of this Kirk hangeth the strength of the most part of the rest of the arguments brought to prove the unlawfulnesse of the late Assembly I will not challenge the Writer that alleadging the errour if these Resolutions he so often mentions onely the Covenant and Acts and Constitutions of Assemblies and seldome the Word of God or Scripture For my part in speaking of the truth or errour of an opinion in mattrrs of Conscience or of the sinfulness or lawfulness of a course I would not mention regulas regulatas sine regula regulante the subordinate rules without the Supream and Soveraign rules But to the point 1. That the Resolutions of the late Commission were such as the writer saith is as easily denied as he affirmeth it the greatest part of the Land Ministers and others al 's intelligent in Religion as he did and do this day judge otherwise of them then he and he shall never be able to prove what he affirmes and the late Commissioners were and yet are content that their late Resolutions be examined tryed and judged by the Kirk of Scotland or all the Orthodox Christian Churches of the world by the Word of God Covenant and Constitutions of this Kirk REVIEW I Shall not contend whether the difference taken from the matter be the onely materiall difference it is certainly the mainly materiall difference though the other differences of the time and of Presbyteries Synods having declared themselvs and that taken from the nature of the thing be also important It is true that much of the strength of severall other of the Arguments hangs on this Alleadgeance that the Resolutions of the late Commission were contrary to the Covenant and Resolutions of this Church and I hope that this Aleadgeance will bear the strength of all the Arguments that are founded thereupon These worthy Assemblies 1638 1639 joyned the matter with the form in the reasons brought for nullifying of former unlawfull Assemblies Before the Author gives answer to the difference he taxeth the Writer that alleadging the error of these Resolutions he so often mentions onely the Covenant Acts and Constitutions of the Assemblies but seldome the Word of God or Scripture and tells us for his part in speaking of the truth or error of an opinion in matters of Conscience he would not mention regulatas sine regula regulante Well it seems some of the Protesters if the Writer of this Paper be of that number hath respect enough to the Acts and Constitutions of the Assembly for the want of which the Author challenged one of them not long ago as saying that he was not to be pressed with them in matters of Conscience and it also seems that in matters of Conscience the Author likes not the maintaining much lesse the pressing of these without the Word of God and some will perhaps think that a man of that mind might bear with his brother saying Presse me not with humane Constitutions in matters of Conscience sed multum interest quid loquatur The reason why the Writer doth often mention only the Covenant Acts and Constitutions of Assemblies is because when we speak of a defection in resolutions and actings from former Principles it is the more near and convincing way to mention the former Acts and Constitutions of that Church which immediatly must decide whether a delegated Commission which is only intrusted to execute former Acts and hath no power to make new ones hath walked according to their trust yea or not and a second Reason is because the Writer took it for uncontroverted as being acknowledged by all the Kirk of Scotland that the Covenant and Acts and Constitutions of this Church did presuppose and include the first and supreme rule the Word of God And the Author cannot but know that though the Writer had not mentioned the Word of God further then it is included in the Covenant and Acts and Constitutions of the Church he hath great Patrons for his so doing to wit the Assembly at Glasgow 1638. which in their great Acts against Episcopacy Five Articles of Pearth Service Book c. do state vote and print the Questions anent them meerly upon their contrariety to the Nationall Covenant and Acts and Constitutions of this Church without mentioning Regulam Regulantem that being presupposed by all as being included in Regula regulata But to the point First the Author denyâ—s that the Resolutions of the late Commission were contrary to the Covenant and Constitutions of this Kirk and sayes that the greatest part of the Land Ministers and others as intelligent in Religion as the Writer is did and doth this day judge otherwise of them then he and that he shall never be able to prove it There hath been more said for the proof of it then for ought I know hath been answered to this day or can be answered if men deal fairly and ingenuously and therefore I shall not here stay to repeat and resume these things I shall onely ask the Author a very few plain Questions and desire a down-tight and plain Answer to them in order to this point First whether in the judgment of many of these who were by the Publick Resolutions of the Commission 1651. admitted to trust in the Army and State the Solemn League and Covenant and former Acts and Constitutions of this Church were not opposite to these Resolutions Secondly whether in the judgment of many of the godly in the Land these Resolutions and proceedings were not opposite to the Solemn League and Covenant and the former Acts and Constitutions of this Church and could not be reconciled therewith Thirdly whether it was not thought and spoken by no mean men Members of the Commission 1651 and others who carried on the Publick Resolutions that these who had hand in the penning of the Publick Papers of the Kirk these years past had in reference to the matter then in debate foisted in many sentences and expressions in these Papers contrary to the true intent and meaning of the Judicatories of the Church which they then made use of for their own ends 4. whether the sin of imploying many Malignant dis-affected men in our Armies which is confest in the solemn Publick Confession of sins be not comprehensive of imploying of such in our defensive war against James Grahame Fifthly whether the Solemn Engagement in the 48 do not bind us to avoid all the sins that we acknowledged in the Solemn Confession and all the snares and temptations that led thereunto and to endeavour all the contrary duties Sixthly whether the Generall
so doing did so far transgress the bounds of their Commission c. Ergo what the Author will here answer I do not well know But I would faine have him to tel a reason why the Commission dealt so sharply with many godly men as to issue such Declarations and Warnings against them and to appoint them to be censured and cited and to stir up the Civil Magistrate against them because of their opposing of Publick Resolutions whilest by his own acknowledgment there was as yet no determination of the Church in favours of these Resolutions or against the opposers of them I thought it had been his mind that the Commission could not censure any or ordain any to be censured for opposing Resolutions of their own not yet determined nor approven in a General Assembly and I would have him to give a reason why he accompts it against all equity that when the imputation of scandal against the Commissioners depends upon a particular hypothesis which at least is questionable and the very point of controversie betwixt them and their accusers as he calls them though unjustly because they as Members of the Assemblie were doing of that duty which is common and competent to every Member of the Assembly that is to object what they know of scandal against any other Member that the Assembly might be constituted of persons rightly qualified they should be holden to be under a presumption of scandal until that hypothesis be discussed and cleared and why it should be agreeable to equity and reason that upon such a particular hypothesis which at the least is questionable and the very point in controversie betwixt the Commission and many faithful men and some Synods and not a few Presbyteries in the Land should be holden not only to be under a presumption of scandal but also such as did deserve to be publickly declared against as Malignant and unfaithful and appointed to be censured and cited It seems that whilst the Author reasons thus about his hypothesis that what he gains one way he loseth another I see not how by his questionable hypothesis he can defend the equity of the Commissions proceedings in their Warnings Remonstrances and Acts against these who were unsatisfied with and did oppose the Publick Resolutions and when he shall do it I hope his own grounds shall help the Protesters to prove the equity and reason of removing Commissioners even upon supposal that it was but a questionable hypothesis 4. I desire to know of the Author by what power or in what capacity the Commission did look upon them to determine this questionable hypothesis as a Commission they could not do it because there is no clause in their Commission that gives them power or warrant to determine any point of Doctrine not formerly determined by the Church of Scotland but their Commission ties them in all things to walk according to former Determinations Acts and Constitutions of General Assemblies and I think he will not say that by vertue of any other power or capacity they either did it or could do it The Author hath by his own confession and ground brought the Commission a greater length in the exercise of their power then ever the Gen. Assembly did give to them or for any thing I know did mean to give unto them that is To determine points of Doctrine of great importance and consequence as to the security of Religion and of the Cause and Covenant not formerly determined by this Church in any of her Gen. Assemblies upon these Determinations to declare such as are unsatisfied with and do oppose the same not only to be censurable but also appoint them to be censured I thought if any thing had been the proper work of a Gen. Assembly this had been it But more directly to the point I do affirm that this Hypothesis the Publick Resolutions determined by the Commission of the General Assembly 1650. and issued to this Kirk in their Publick Warnings Letters Remonstrances c. do contain and involve a course of defection was at the time of the Protestation clearly determined in former General Assemblies because the General Assemblies of this Kirk had often before that time determined an association in Councel and Armes with the Malignant partie even in the caâ—e of the defence of the Kingdom against forraign invasion to be sinful and unlawful as will appear to any who shall be pleased to read the Declarations Warnings and causes of Humiliations and Publick Papers of this Church these years past and particularly the Solemn Publick Confession of Sins and Engagement to Duties and the Declarations and Warnings issued by the General Assembly 1650 upon the English invading of this Land But these Resolution did involve such a Conjunction because they did involve a Conjunction with all the Subjects in the Land excepting these few included in the Exceptions contained in the Answer to the Quaere but amongst these was the very body and bulk of the Malignant party who are by these Resolutions allowed to be taken in and employed in the defence of the Kingdom without any repentance or forsaking of their malignant waies as a thing necessarily previous to the employing of them and without which they could not be employed These were the things which the Protesters alleadged and offered to verifie not only the general that the Commissioners had made defection from the Cause and Covenant but that these particular Resolutions concluded and carried on by them did involve a defection from the Cause and Covenant this I say they offered to instruct from former Acts of Assemblies speaking clearly and positively there anent which yet were refused to be heard by the Meeting until they first should constitute themselves in an Assembly including these Members against which the Exception was propounded a greater imputation upon their freedom then they will easily wipe off VINDICATION IT is known that the Belgick Remonstrance in the Protestation against the Synod of Dort alleadged a matter of Scandal against the most part of the Members thereof viz. That they had made a Schism and were Schismatick The point de jure in thesi That Schism was a foul scandal and such as made them unfit to sit in that Judicatory as Members I suppose was cleer and the Remonstrants brought many plausible Presumptions that they were guilty of it more plausible a great deal then this Writer alleadges against the late Commissioners they bring Particular instances of Facts as keeping separated Congregations and Presbyteries from the Remonstrant refusing to joyn in Prayers or Sacraments with them whereas our Writer alleadges nothing but Generals offence of many godly pregnant presumptions men undertaking to instruct c. But here was a Question in Hypothesi Whether it be a schism to keep separated Congregations and Presbytries from and to refuse to joyn in Prayers and Sacraments with men that had departed in their doctrin from such and such Articles of the Doctrin of that Reformed Kirk
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
Church before the Assembly did conclude them to be practised The sixth is the limiting of Commissioners of their power and Commission given unto them by their Presbytries which was also done upon the matter by Presbytries sending Commissioners to this Assembly For besides that many Presbytries in obedience to the Letter and Act of the Commission did chuse none but such as was for the Publick Resolutions passing by all such as were against them so some Presbytries did expresly discharge some who were chosen because they were opposit to the Publick Resolutions of which I have given two clear instances already one in the Presbytry of the Mearnes who did by a Letter intimate the Lord Arburthnet whom they had chosen to be Ruling Elder to the General Assembly that if he had any hesitation or scruple to declare himself satisfied with the Publick Resolutions they behoved to make choice of another Another in the Presbytery of Kirkaldy discharging the Ruling Elder chosen for the Town of Burnt-Island upon the accompt of his being opposit to the Publick Resolutions Besides these Reasons there be also others mentioned and cleared in the Debate that contribute for proving the nullity of this Assembly and when all these are put together I beleeve it shall not be found that there were moe or more material Reasons brought by the Assembly at Glasgow for nullifying of any of these 6. pretended Assemblies then are brought for nullifying of this and therefore the Writer hath done no wrong to his credit nor shown himself rash in affirming so VINDICATION AFter all these Arguments brought to nullifie the late Assembly the Writer brings some general Objections against their protesting against the Assembly formed at his own pleasure and Answereth them He needed not been at this pains I doubt not honest and understanding men interessed in time convenient will represent Reasons enough against it themselves nor will we stay to trace him in these considering how fectless and weak the grounds were whereupon the Protestation was built The Authors of it though I question not their finding mercy at Gods hands yet shall they never be able to wipe away before the eyes of impartial men of this and succeding generations who shall be rightly informed of it the blot of Dividing this Kirk and exposing our Government to be reproached of the Enemy by needless pâ—â—pming of and of the bloody unseasonableness of it it may sting them to remember what a time it was they gave it in wherein the Blood of their Brethren shed in Defence of their Countrie was as yet â—eeking from the ground and what contentment and insultations many of them â—â—thed in their countenances and speech at the very circumstance of time and that they would not delay the in-giving of it one day though Hearing and admittance was promised to them and if they could not at all be present personally might have been presented in their name but they would needs give it then though it was near midnight and the translation of the Assembly was voted before I shall add but a word or two more one is this I put it to some of their consciences if it was not apprehension that the Assembly would approve the proceedings of the Commissioners together with the occasion of that dayes event that moved them indeed to give that Protestation more then conscience of any weight of the grounds whereon it was built I give only these two Evidences of this 1. That they did so earnestly press the Assembly to be but adjourned upon that ground that there were such differences about these proceedings 2. That until that day some of themselves had sitten and voted in it as in an Assembly lawfully constitute compeared in Committees of the Assembly yea sitten as Members in them some of them being Moderators and Clerks of these Committees cognosced upon matters that came before the Assembly made reports to the full Assembly concurred with votes in making sundry Acts of the Assembly until that very day the blow was given at Inerkeithen and even then when the Assembly met at night to advise about translation they voted in that business It 's true They voted not for translation but for adjourning of it But that same did necessarily import their acknowledgment of it for the present as a lawful Assembly however now they do profess that that was an error and fault Yet these things do clearly enough evidence that at the time of the in-giving of be Protestation it was not conscience of the weight of the grounds whereon it was built as they pretended in the Protestation but some other thing even that which was said before that moved them to protest against the Assembly REVIEW THe Author is pleased handsomly to wave the answer brought by the Writer to these objections though many of them be home to the purpose He brings for his Reasons that the grounds of the Protestation are weak and fectless But the sentence of one who is party is justly liable to the suspition of partiality If there be no more to be said against the grounds of the Protestation then is in his Vindication they may haply be found strong enough notwithstanding both of his underminings and batteries I shall the less wonder at his big words to wit That the Protesters shall never be able to wipe away before the eyes of impartial men of this and succeeding generations who shall be rightly informed of it The blot of dividing this Kirk and exposing our Government to the reproach of the Enemy by needless proponing of it because it is of his interest and concernment to put these things from his own door and the door of his complices But in this the Protesters with much trembling and fear do make their humble appeal to the Lord Jesus Christ desiring Him in mercy both to the one and to the other to bear testimony at whose door the guilt of these things doth mainly lie whether at theirs who on a sudden do change both their principles and party or at theirs who adhering to their former principles have born testimony against that change and have studied though in much weakness and with many failings and infirmities to preserve their Union cum Deo cum Foedere cum Pristina Ecclesia Scoticana and to preserve the Liberty of the Kirk of Scotland jure by protestation when they could not do it facto by any other lawful means As for the rest of the things which he saith in this Paragraphe concerning the bloody unseasonableness of it as he calls it When I read these things that of David 2 Sam. 16.12 when much like imputations were cast upon him occurred unto me not that I mean to compare the Author to Shimei though yet I wish he had been more modest in these things but desires the Protesters to be comforted in their own innocency against unjust imputations I see no cause why he should desire them to remember at what a time they gave it in from
with the publick Resolutions and to signifie to him That if he were not satisfied with these Resolutions the Presbytery could not be answerable to give him a Commission for sitting in the Assembly but behoved to chuse another These Instances may suffice for verifying of what is alleadged in the former Debates concerning the influence that the Letter and Act of the Commission of the General Assembly had upon several Presbyteries and Synods and Persons therin in the Election of Commissioners to the Assembly 1651. and in Citing of these who were Dis-satisfied with the publick Resolutions and therefore it shall not be needful to trouble our selves or the Reader with the bringing and setting down of more of this kind PAPERS betwixt the ASSEMBLY and COMMITTEE Offers and Desires from the Committee of Estates Presented by the Earle of Glencarn the Thesaurer Depute Archibald Sydserf to the Gen. Assembly AS we cannot but with sad hearts regrate that notwithstanding of the many endeavors of and great pains taken by the Parliament and Committee of Estates for removing of Differences and offering all just satisfaction to the Desires of the Commissioners of the General Assembly concerning the necessity and lawfulness of this present Engagement yet they have all hitherto proven ineffectual and Divisions betwixt us are rather increased then lessened so we cannot but here promise to our selves better Success from the wisdom of this grave and venerable Assembly especially whilst our consciences bears us witness that in all our undertakings we have nothing before our eyes but the glory of God in the first place and in the second the good and preservation of Religion and next therunto the safety of his Majesties Person now in danger and the pursuance of the same ends of our Covenant which hath been sealed with the blood of so many of our friends and country men And that our sincerity and reallity in all these may be manifested to all the world we are content now again at this time not only to renew all these offers which were formerly made by the Parliament to the Commissioners of the Gen. Assembly for the security of Religion but hereby we offer to grant what further security the General Assembly shall be pleased to demand in reason of us for Religion And although we cannot lay negatives and restrictions on the King but must as obliged in conscience and duty endeavor his Rescue that he may come with honor freedom and safety to some of his Houses in or about London yet we are most willing to give what Assurance can be demanded for our selves and our Army even by an solemn Oath if so it shall be thought fit by the General Assembly that we shall not be satisfied and lay down Arms until Religion be secured in all his Majesties Dominions according to the Covenant Therfore out of the deep sense we have of the great danger that the further growth of these Divisions may bring to Religion the Kings Majesty and to these who doth sincerly wish the settling of Presbiterial Government in all his Majesties Dominions We cannot but desire you seriously to weigh the sad Consequences may ensue if at this time there be not found amongst you some who will endeavor to heal and not to make wider the Breaches betwixt Church and State to remember that no such effectual help can be yeilded at this time to that as to have the hearts and consciences of the people preposessed with prejudices against the Resolutions of the Estates and their so pious and necessary Engagment And for this cause to the end these unhappy Differences may spread no further we do intreat you would be pleased to appoint some of your Number to meet with such as shall be appointed by us for Composing these mis-understandings betwixt Church and State And likewise for so cleering the Marches betwixt the Civil and Ecclesiastick Power in these Questions hath been Debated betwixt the Parliament and the Commissioners of the Gen. Assembly as the Kirk may be freed of all scandals in medling with Civil Business and the Estates from the scandals of Erastianism And seeing our desires herein are only to remove all jealousies betwixt the Church and State and to witness to the world our unfained intentions to do al that is in our powers for the most satisfaction of the Gen. Assembly We do desire that ye would be pleased to forbear the emitting of any Declaration either to this Kingdom or the Kingdom of England relating to our present Engagement and proceedings considering how unseasonable it may prove whilst our Army is in the Fields against the great obstructions of any Enemies to our Reformation to do any thing may encourage and strengthen the hands and hearts of that who doubtless will encourage themselves in their own wayes the more they have ours disapproven by you And as their unhappy differences and divisions have already so wrought upon the hollow hearts of some of our Countrymen as to move them to rise in Arms against the Parliaments Forces and of some to run and joyn themselves with these so much the more wil these be strengthned and encouraged against us by their hearing of our Divisions We do likewise desire That before the Gen. Assembly proceed to any approbation of the actions of the Commissioners of the Gen. Assembly That in these things that may relate to the present Engagement and to these Questions hath been Debated betwixt the Parliament and them we may be first hard All these we desire for no other end but that these untimely Differences and Rents now grown to so great a height as that they threaten the ruin both of Church and State may by the blessing of God in the spirit of Meekness be cuâ—ed and bound up That neither Malignants on the one hand may have occasion to laugh at our Divisions nor on the other hand encouraged and strengthned against us But that we as formerly may go on in one way being all engaged in one Cause for one and the self-same Ends And so may receive a blessing from the Lord of Peace and Order which hates the instruments of Division and Confusion upon all our endeavors for advancing the blessed work of Reformation and for bringing to an happy end all the Miseries and Confusions now which these Lands hath been so long toiled and consumed with Before the Assembly give any Answer to the Paper produced from the Honorable Committee of Estates The Assembly thinks fit to enquire at the honorable Persons who presented the Papers If the Committee of Estates have any new Objections against the Proceedings of the Commission of the late Assembly or only the same Objections made by the Parliament or their Committees before Sic subscrib A. Ker. The Committee of Estates do make this Return to the Paper of the Gen. Assembly That they have just and material Exceptions against the proceedings of the Commissioners of the Gen. Assembly besides any formerly made by Parliament or
or both Lithgow 1606. first second Glasgow 1610. first Session 3. Many voters as Judges having no Commission from the Kirk Lithgow 1608. only 22. men Officers of State Counsellers Barrons and Bishops Glasgow 1610. 30. Noblemen and Barrons beside the pretended Bishops Aberdeen 1616. 25. Noblemen Gentlemen Perth 1618. 19 Noblemen and Barrons 11 Bishops 4 Many Supernumerary Commissioners for Presbytries Burroughs in sundries of them 5 Threatning of Commissioners to vote as the King would Glasgow 1610. 3 Perth 1618. with the wrath of Authority Imprisonment Banishment Deprivation of Ministers utter subversion of the Estate yea that whether reasoning or number of votes should carry the matter Bribing of Commissioners Glasgow 1610. 3 5 7. no election of a Moderator but usurpation of that place by the Bishops Aberdeen 1616. Reas 1 Perth 1618. 2. 8. No Ruling Elders sent from Presbyteries Glasgow 1610. Reason first 9. Grounds of proceeding in voting not in the Word of God Confession of Faith Acts of the Assemblies but the Kings Commands Perth 1618. Reason 9. Now Reader compare these with what hath been said in the Examination of them and jugde thou impartially if no stronger Arguments was brought for the nullity of these pretended Assemblies then this Writer hath brought against this REVIEW IT is indeed fit that in a matter of such consequence men apply themselvs seriously to search out the truth and to judge thereof in the fear and sight of God and therefore without opposing confidence to confidence I leave men so to do upon all that hath been said and then to give sentence whether the Reasons contained in the Protestation and in the latter Papers be not relevant grounds to protest against to nullify the late Assembly as unfree and unlawful in the Constitution manner of proceeding whether the Writer had not reason to affirm that there was such encroachments upon the Constitution thereof and right manner of proceeding therein as did destroy almost all the essential requisits of a free Assembly freedom of Election free Voting free access and recess free hearing of what was offered for light impartial hearing and discussing of Exceptions against Constituent Members admitting of Presbytries who were under trial to sit as Judges upon particulars relating to themselves and whether there was not such encroachments as moved the Assembly 38. because of the like to judge several of the former Assemblies to be null or whether stronger Reasons are brought for nullifying any of these pretended Assemblies then of this The Author thinks these to be too bold Assertions in the Writer but I hope they are not more bold then true and viritas non quaerit angulos That the Writer did not make any particular paralel of the Reasons of the nullity of this Assembly with the Reasons of the nullity of these Assemblies was upon no such politick principle as the Author insinuats to wit The fear of wronging his credit or the discovering of the rashness of his Assertion but to spare as I conceive he thought needless pains the Acts of the Assembly being so common and the paralel being so easie to every Reader of ordinary capacity and understanding and if it was a fault in the VVriter not to make a particular paralel faithfully comparing the one with the other and weighing Reason with Reason the Author can much less be blameless who seems to undertake it and yet doth little as to the performing of it only he makes a short recapitulation of the Reasons of the nullity of these Assemblies and leaves the Reader to make the paralel comparison and in this what hath he done more then the Writer except that he hath been at the pains to make some compend of these Reasons which are more clearly set down in the printed Acts that are common It is to be marked that it is not asserted by the VVriter that all the Reasons brought for anulling of all and every one of these Assemblies are quadrant to this Assembly but that there is none of these Assemblies for the nullifying of which stronger reasons are brought and therefore though some breaches of the right Rules of Constitution may haply be found in some of these Assemblies which are not instanced in this Assembly it makes nothing against this Assertion nor for justifying this Assembly more then these because there is none of these in which moe or more weighty breaches of the Rules of Constitution can be found then can be found in this But let us take a view of the most considerable Reasons brought for nullifying these Assemblieâ— and compare them with the Reasons which are brought for nullifying this the first is The want of timous indiction which caused the absence of many Commissioners To this there was something equivalent in this Assembly that caused the absence of many Commissioners to wit The troubles of the times which in some places hindred the Elections and in others hindred the Commissioners from coming The second is want of freedom in the Election of Commissioners in Presbyteries because of Letters from the King and the Prelats requiring them to chuse such and such To which was equivalent in this Assembly the pre limiting of Elections of their freedom by the Letter and Act of the Commission excluding all those who were opposit to the Publick Resolutions The third is the admitting many to voice in the Assemblies who had no Calling nor Commission so to do to which is equivalent in this Assembly the admitting the Commissioners to voice notwithstanding of just Exceptions proponed against them before the discussing of these Exceptions and the admitting them to voice in the discussing of them The fourth is the want of freedom in voicing because of threatnings under no less pains then the wrath of Authority Imprisonment deprivation of Ministers c. To which was equivalent in this Assembly the Kings Letter and the Commissioners Speech with the previous warnings Remonstrances Letters and Acts of the Commission characterizing those who were against Publick Resolutions as Malignants and appointing them to be censured and stirring up the Civil Magistrate against them together with the Acts of Parliament made against such which Acts did involve more and more certainly against the opposers of Publick Resolutions then any of these threatnings could do because there was no Law as yet for executing of them The fifth is the practising some of the Articles concluded in these Assemblies before the Assembly it self notwithstanding that these Articles were formerly condemned by the Church by which their Voices were pre-judged by the practice or these Articles before condemned by the Church and therefore they should have been secluded from voicing To which in this Assembly is equivalent the practising the Publick Resolutions by many Members of the Assembly before the Assembly concluded the same notwithstanding they were before that time clearly condemned by the Church I dare say as clearly as ever kneeling at the Communion or feastval-daies were condemned by this