Review of the Seditious Pamphlet by Dr Bramble, Chapter 3
CHAP. III.
The Lawes and cuſtomes of Scotland admit of no appeal from the general aſſembly.
IN this Chapter the challenge is, that there are no appeals from the general Aſſembly to the King, as in England from the Biſhops Courts to the King in Chauncery,Appeales in Scotland from a generall Aſſem…ly were no leſſe irrational then illegall. where a Commiſſion uſes to be given to delegats who diſcuſſe the appeals. Anſ. The warner conſiders not the difference of the Government of the Church of Scotland, from that which was in England; what the Parliament is in the State, that the general aſſembly is in the Church of Scotland: both are the higheſt Courts in their own kinde. There is no appeal any where in moderate Monarchies to the Kings perſon, but to the King in certain legall Courts, as the Warner here confeſſeth the appeal from Biſhops lies not to the King in his perſon, but to the King in his Court of Chancery. As no man in Scotland is permitted to appeal in a civill cauſe from the Lords of Seſſion, much leſſe from the Parliament; ſo no man in an eccleſiaſtick cauſe is permitted by the very civil Law of Scotland, to appeal from the general Aſſembly. According to the Scots order and practice, the King in perſon, or elſe by his high Commiſſioner, ſits as uſually in the generall Aſſembly, as in Parliament. But though it were not ſo, yet an appeal from a generall Aſſembly, to be diſcuſſed in a court of Delegats, were unbeſeeming and unreaſonable; the one court conſiſting of above two hundred, all choſen men, the beſt and moſt able of the Kingdom; the other but of two or three, often of very ſmall either abilities or integrity, who yet may be more fit to diſcern in an Eccleſiaſtick cauſe, then a ſingle Biſhop or his Official, the ordinary Truſtee in all acts of Jurisdiction for the whole Dioces. But the Scots way of managing Eccleſiaſtick cauſes is a great deal more juſt, ſafe and Satisfactory to any rational man, then that old Popiſh order of the Engliſh, where all the ſpirituall Jurisdiction of the whole Dioces was in the hand of one mercenary Officiall, without all relief from his Sentence, except by an appeal, as of old to the Pope and his Delegats, ſo thereafter to the King, though never to be cognoſced upon by himſelf; but as it was of old by two or three Delegats, the weakeſt of all Courts, often for the quality, and ever for the number of the Judges.
The Churches …ſt ſeverity a…inſt Mont…mery & A…mſon was …proven by …e King and …e parties …mſelves.Two Inſtances are brought by the Warner, to prove the Church of Scotlands ſtopping of appeals from the generall Aſſembly to the King, the caſes of Montgomery and Adamſon: if the cauſes and events of the named caſes had been well known to the Warner, as he made this chapter diſproportionably ſhort, ſo readily be might have deleted it altogether. But theſe men were infamous not onelyonly in their Miniſteriall charges, but in their life and converſation; both became ſo inſolent, that contrary to the eſtabliſhed order of the Church and Kingdom, being ſuborned by wicked Stateſmen, who in that day of darkneſs had well neer brought ruine both to King and Countrey, would needs take upon them the Office of Arch-Biſhops. While the Aſſembly was in Proceſs with them for their manifold and high miſdeameanors, the King was moved by them and their evil Patrons, to ſhew his high diſpleaſure againſt the Aſſemblies of the Church; they for his Maj…ſties ſatisfaction ſent their Commiſſioners and had many conferences; whereby the pride and contempt of theſe Prelats did ſo encreaſe, that at laſt they drew the ſentence of Excommunication upon their own heads: the King after ſome time did acknowledge the equity of the Church proceedings, and profeſſed his contentment therewith: both theſe unhappy men were brought to a humble confeſſion of their crimes, and ſuch ſigns of repentance, that both after a renunciation of their titulary Biſhopricks were re-admitted to the function of the Miniſtry, which they had deſerted. Never any other before or after in Scotland did appeal from the generall Aſſembly to the King; the late Excommunicate Prelate in their declinator againſt the Aſſembly of Glaſgow, did not appeal as (I remember) to the King, but to another Generall Aſſembly to be conſtitute, according to their own Popiſh and Tyrannicall principles.