Perth Assembly, Part 2
THE NVLLITY OF PERTH ASSEMBLY.
THE generall Assemblie hath vsuallie met, since the reformation of the religion, according to the indiction of time and place made by the former Assemblie. And if it happened that any Assemblie was to be holden Pro re nata, premonition was made in dew time by his Majestie, and the Commissioners of the Church, and the occasions set down expresly, to the effect Commissioners might be sent instructed according to the qualitie of the busines to be intreated. Nevertheles after diuerse reports given out by such as stand in credite in Church affaires, that his Majestie was so incensed against the last Assemblie holden at Sanst-Androes that there was no hope of any other Assemblie: This Assemblie beyond expectation was proclamed to be holden within twentie dayes after the proclamation made at the market crosse of Edinburgh, without any advertisement giuen to the Presbyteries anent the matters to be handled.
The acte of chattouris of old were voyd, and of none effect, when the meanest member haveing vote was neglected, contemned, or not lawfullie warned. Such like the acte of Provinciall synods, when the mean…st suffragane was not regarded with lawfull citation, according to the rule Contemptus unius plus obest, quam multorum contradictio. Neuertheles for lack of lawfull warning▪ and conuenient space to provide and prepare Commissionars, there was absent from that Assemblie, foure dioceses viz. Orknay, Caithnes, Argyle, and the Iles, beside diuerse presbyteries, whose interest was as proper and necessary in the general assemblie as of any suffragan in synod or particular member in the chaptour.
The generall assemblie, the highest judicatorie Ecclesiasticall within this realme, hath ever after exhortation made by the last Moderator lyted, and lawfullie elected a new Moderator according to diuerse acts continuall custome and practise of this Church. The which presbyteries hath been so regarded, that the conuention holden at Perth by his Maiesties missiue the last of Feb. 1596. although frequented by his Maiesties presence with a great number of the nobilitie, Barons and Burgessis with the Commissioners from euerie presbyterie was for the defect aforesaid no further acknowledged to be a lawfull Assemblie, then the generall Assemblie holden at Dundie the yeare following 1597. declared the same, that is, to be a lawfull extraordinary Assemblie. Neuertheles no moderator was lawfullie elected in this Assemblie, but the place vsurped by him who had practised against the matter there proponed, and not as yet determined, and consequentlie, who ought to hauehave been secludid from any authoritie in respect of the preiudice commited by him.
By order established, acts standing in force and continuall custome free of all controversie and quarrell, all and everie one of the ordinary members of a generall Assemblie, having place and power to vote, or capable of moderation, are and should be authorized with lawfull commissions from inferiour Assemblies viz. Presbyteries, Burghs and Vniversities, according to the acte made anno 1537. Neuertheles the Bishops, a great number of noble men and Barons, and some Ministets, hauing no lawefull commission presumed to carrie themselues as lawfull members of the said Assemblie.
Whereas the proceedings of the Assemblie ought to be free without preoccupation either with terrours or allurements. This Assemblie was preoccupied with Sermones, Letters, harangues with allurements on the one side, and terrours on the other.
No other ought to be chosen members of the priuie conference but such as are authorized with commission to be members of the Assemblie. Nevertheles the pretended moderator did nominat for the privie conference such as he pleased, before the commissions were deliuered, and consequentlie not dewlie informed, who were the just members of the Assemblie.
According to the rule, Totum est maius sua parte, the Assemblie is greater then the conference: and according to another rule Turpis pars omnis toti non congrua. It is an absurd conference that disagrees from the whole Assemblie, Neuertheles in that Assemblie some few named by the pretended Moderator, not chosen by the Assemblie, not only according to the custome of the priuie conference concurred with the said Moderator for preparing and digesting of matters to be proponed in dew order, but tooke vponupon them to reason, vote, and conclude the matters properlie belonging to the whole Assemblie.
It had been the commendable care of Godly Emperours, and their honorable deputs in general Councels, to provide that nothing be done violently, nor extorted by terrour, but that time▪ and liberty be granted for reasoning upon matters proponed▪ and that the booke of God be layed open for finding out the truth. Agatho writing to the Emperour Constantine adviseth him to grant free power of speaking to every one that desires to speak for his faith which he beleeveth, and holdeth that all men may evidently see that no man willing or desirous to speak for the truth was forbidden, hindered or rejected by any force, threatnings, terrour, or what soever else might avert them from so doing. Conforme to this advice, the Emperour answereth as followeth. By God almighty we favour no party, but shall keep our selues equall to all, no way making necessity in any point. Nevertheles in this assembly, the necessity of yeelding was inforced vnderunder no lesse paines then the wrath of authority, imprisonment, exile, deprivation of Ministers, and utter subversion of the estate and order of this Church. Such as by the providence of God had their mouthes opened to reason, were checked, quarrelled, rebuked, boasted, interrupted, and for their discouragement, it was plainly professed that neither the reasoning nor the number of voters should carry the matter away. The party defender was forced to persue. The collecting and putting in order of the reasons of either side was refused.
In free and lawfull assemblies private reasoning is not sufficient, but it is requisit that there be also free reasoning in publick for the full information of all who hauehave the right of voting. Nevertheles in this assembly publick reasoning was hardly obtained, and when it was obtained, it was not full and free to propone, and persue with replyes.
In all free and lawfull assemblies, humble requests for mature deliberation in maters of great importance hath been heard, & granted. But in this assembly humble supplication for continuation till matters were more ripely considered, or till his Majesties answer was returned to the petition of the defenders of the established order, was peremptorily refused.
Pope Leo excepteth against the second Councell of Ephesus, call Praedatory, that Dioscorus, who challenged the chief place, keepeth not Priestly moderation and would not suffer the synodall letters of the West to be read. In all free and lawfull Assemblies good advisements hath been heard & followed. But in this Assemblie some difficulties presented in writing to be considered and removed before the voting, were peremptorily rejected.
In all free and lawfull Assemblies publick voting should be free of all terrours according to the rule, nihil consensui tam contrarium est, quam vis atque metus quem comprobare contra bonos mores est. Nevertheles in this Assemblies, his Majesties letters were read the fourth time, immediatly before the publick voting, to move the Assemblie. The pretended Moderator threatned to mark their names who dissented, and breathed out many terrours and threatnings, and so he made good in publicke, that which he profest in private, that he would commit twenty prejudices to further his Majesties purpose.
In all free and lawfull Assemblies the estate of the question to be voted, ought to be so formed that it carry with it no danger. Nevertheles in this Assembly the matter to be voted was proponed with sensible danger, agree, or be reputed disobedient to his Majestie, that is, either make a constitution to bind all Ministers, and professours of this reformed Kirk to returne to these fiue articles which they hauehave vomited, or else yee shall be reputed disobedient.
As the acts which are to passe in voting should be distinguished in number: cleare in order, particularly expressed from point to point, because they should contein directions of certain actions to be performed, &c. So the matters offered to voting should be distinctly, clearly, and particularly proponed. Nevertheles in this Assembly all was shut up in a confused caption a multis interrogatis, and voted at once voting in one session. Iustly therefore may their conclusions be called Leges Saturae.
In all free Assemblies such order is observed in calling the names of the voters, that no publick prejudice be committed. Nevertheles in this Assembly neither the accustomed order of Provinces, nor Presbyteries was observed; but such were called on first, as were knowne to be affirmative voters, to discourage and disperse the negatives.
Leo sayeth Epist. 25. that some that came to the Councell of Ephesus were rejected, and others were brought in who at the pleasure of Dioscorus were brought to yeeld captiue hands to their impious subscriptions. For they knew it would be preiudiciall to their estate, unlesse they did such things as were injoyned them. It is crimine falsi in gathering of votes, either to passe by them, who hauehave place and power to vote, or to admit such as are not lawfullie authorized. Nevertheles in this Assemblie not only were some past by who were knowen resolued to vote negative, but diverse others also disposed to vote affirmatiue were admitted, or rather brought in without commission.
In all free and lawfull Assemblies, not onelyonly Ministers, but all others of whatsoeuer rank, ought to be authorized, with cō mission, or els they hauehave not the power of voting. Neuertheles in this Assembly, persons of all ranks not authorized with commission, were admitted to vote, as may be seen by the induction following.
It hath pleased his Maiesty in former times to send but some few Commissioners in his Highnesse absence, to concurre with the Assembly, and to propone his Highnesse desire thereunto, &c. Neverthelesse in this Assembly, not onelyonly his Maiesties Commissioners, but also their Assessours gaue eueryevery one vote, whereas his Maiesties selfe being present; never clamed furder, then the power of one vote.
At Edinburgh in Iuly 1568. it was ordained that Barons should be chosen Commissioners in Synodall assemblies. At Dundie in March 1597. after the full establishment of Presbyteries, it was appoynted in presence of his Maiestie, that Barons should be chosen Commissioners with consent of Presbyteries, and that one Baron onelyonly should be directed out of the bounds of a Presbytery. Neverthelesse in this Assembly, the Noblemen and Barons had neither commission according to the old act, nor according to the new.
In the yeare of God 1568. it was ordained that Burgesses should be chosen Commissioners by the Councell and Kirke-session of their Burgh coniunctly. And in the yeare 1597. that they should be chosen with consent of the Presbytery. Item, that every Burgh hauehave power to direct but one Commissioner, except Edinburgh, to whom it was permitted to direct two. Neverthelesse in this Assembly, neither of the said acts were observed.
At Montrose 1600. it was statuted and ordained, that none of them who shall hauehave vote in Parliament in the name of the Church, shall come as Commissioners to the generall Assembly, nor hauehave any vote in the same▪ unlesse they be authorized with commission from their own Presbyteries to that effect. This act was never repealed, no not at the pretended assembly holden at Glasgow, but by the said assembly they stand countable to every generall assembly for their proceedings. Howbeit the Presbyteries were spoyled of their authority in many things at the sayd pretended assembly: yet of the power of election of Commissioners they were not spoyled. Neither is there any other order of election of Commissioners, and constitution of the mēbers of the assembly set down by any act of our Kirke, their was established Anno 1597. Nevertheles in this assembly, they not onelyonly presented themselues without commission, but sate as Lords over-ruling it. They had practised the ceremonies against the established lawes before they were proponed to the Assembly, they ought therefore to hauehave been secluded and sharply censured; but they usurped the place both of Iudge and party.
At S. Andrewes in Aprill 1582. it was thought expedient that Presbyteries should not be astricted to direct their Moderator in commission, but whom they iudged fittest for the purpose. That constant Moderators should be constant members of the generall assembly, is a forged clause foysted in an act of a pretended assembly holden at Linlithquow the yeare of God 1606. The which assembly neither the Church then did, nor the Bishops now will stand to. Nevertheles in this assembly, some Moderators of Presbyteries voted without election, and onelyonly by vertue of the forged clause of the act aforesayd. If any Presbytery directed their Moderators in commission upon ignorance and errour, having respect to the forged clause aforesayd. Their ignorance and errrour is not lawfull consent. It is in the meane time to be remembred, that the present Moderators are not of the quality of these constant Moderators, but of a new Edition set out at Glasgow, viz. They are the Bishops Deputes placed by them in Presbyteries.
The Assessours to his Maiesties Commissioners, the Noblemen, Barons, Bishops, Burgesses, and Moderators imposed upon Presbyteries with some Ministers voting without warrant, being substracted from the number of affirmatiue voters, the negatiues will not be found inferior in number to the affirmatiues authorized with commission. And suppose inferiour in number, yet not in weight, for the negatiue voters adhered to the iudgement of the Church, heard no reasons for the novelties proponed, were not overcome with perswasions or terrours, as was the affirmatiues.
The affirmatiue voters authorized with commission, either had their commissions procured by their Bishops, or else were mercenary Pensionars▪ or Plat-servers for augmentation of stipends: or gapers for promotion: or of suspect credit for benefite received or hoped for▪ or had subscrybed other private Articles in private more dangerous then the present Articles: or had been threatned privatly by their owne diocesian Bishops with deposition: or were not well informed in their judgment for lack of full and free reasoning: or were circumvented with promises made to them, by theit Bishops, that they should not be urged with the practize, if they would only consent to make an act to please the King: or were terrified with the publick threatnings before mentioned. Iudge therfore whether their votes should be pondered or numbered.
In omnil us causis pro facto accipitur id in quo quis alium terrefacit quo minus fiat. In this Assembly the affirmatiue voters confessed that they assented not simpliciter to the Articles proponed as knowing truths, but onelyonly to avert the wrath of authority, standing in their owne Iudgment against them, and not for them, in respect of the estate of this church. Hence it may be clearely seene that their votes were only affirmatiue in respect of their feare, but negatiue in respect of their iudgment, and duetifull affection to this Church.
Other informalites may be observed, but these are sufficient to proue the nullity of this pretended Assembly whereby the established estate of this Church is so farre prejudged, or rather simple people for their facility indangered, if they upon the pretended authority of this Assembly shall adventure to make defection from their former profession confirmed by so many and well advised Assemblies, and blessed by the experience of Gods great louelove in his best benefites, or to violate their solemne oath, and subscription. The pretender may as safely professe that he wil alter his profession, or violate his oath, and subscription, suppose there had been no Assembly at all. But to detaine simple people in their bygaine revolt, it will be cryed out and inculcat that some few persons (and to make them odious they wilbe called mall-contents, troublers of the estate, seditious persons, and what not? for the which contumelies and reproches account must be made one day) that they may not, nor should not iudge upon the nullity of the Assemblies. It is trew by way of iurisdiction or superordination (as they call it) no private man should presume so to doe, for that iudgment belongeth to another free, and lawfull Assembly. But by the iudgment of discretion every christian man ought to iudge how matters of religion are imposed upon him, and by what authority. If thou mayst not discerne as a iudge, thou mayst discern as a Christian. If yee shall admit indifferently whatsoever is concluded under the glorious name of an Assembly, then may wee be brought to admit not only the English ceremonies, but also Lutheranisme, and Papistry. If Ministers giuegive way to their Parochinners to practize the obtruded Ceremonies at their pleasures. If sworne professors intangle themselues againe with the superfluiities, whereof the Lord hath made them free, let the one and the other take heed how they defend themselues from the iust challenge of back slyding, and the rest of the inconveniences, that may ensue on their change.
If the Parliament by acts, authorize matters affected with such informalities, and nullities, matters of themselues so contrarious to our profession, their ratification of a vitious thing can not be a rule to a Christian manes conscience. But it is to be hoped, that the Lord shall so dispose the hearts of stats-men to the louelove of the truth, quietnes of the Church and Country, and peace of mens consciences, that no unreasonable burthen shall be knit upon the members of Christs bodie by any deed of theirs under the name of a benifit to the Church. Invito beneficium non datur.
Consider three things: first the nullity of this Assembly. 2. Thy own oath and subscrption, how it admits or abhors this change suppose the Assemblie had been lawfull. 3. If the particulars offered can be made lawfull, or expedient by any Assemblie whatsoeuer.