The Nullity of the Pretended Assembly at St Andrews and Dundee, Statement 3
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 th…s R…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, …nleſs the Aſſemblies of the Kirk, the on…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 rat…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 wherein they ſhall be charged to anſwer a power once granted to the Councel in 129. Act Parl. 8. James 6. Anno 1584. but was afterward abrogated in the 114 Act Parl. 12. James 6. Anno 1592. as likewiſe in the Act Reſciſſory: I need not inſiſt either on the Kirks Proteſtation, or on the Diſſenters Proteſtation againſt the States medling in theſe things without the Kirks concurrence, inſert and approven in the repealing Act 1649. no… on what was ſaid, written and preached againſt the 23 Act Parl. 48. ordaining Miniſters to exhort the people to obedience to the Laws of the Kingdom, and aſſuring them of their Stipends now; nor on the dangerouſneſs of this preſent preparative and practice, which from the ſtrait may be as terrifying as the other was alluring, and may at one time or other meet with any who indirectly procured this: Neither need I inſiſt, that this argument of the Doctrine and Diſcipline of the Kirk of Scotland, as acknowledged by the King and Parliament, and ſworn to in the ſecond Article of the Covenant, is the bar and bond that hinders Gen. CROMWEL from ſtopping the mouthes of the honeſt free Preachers in Edinburgh, and the places by ſouth Forth, where he thinks he hath as much Civil Command and may readily change his practice, as ſoon as he ſees the State here to change theirs: Neither need I remember what good ground there is to fear the ſprouting and ſpreading of Eraſtianiſm in our Stateſmen, ſeeing this is a main branch thereof, it will be a ſtrange thing to me if the Commiſſion of the Kirk, for the Kirks intereſt, teſtify not againſt this Procedor, and dangerous preparative; and the rather, that it ſeems to be founded upon what hath proceeded betwixt the Commiſſion and the Miniſters of Sterline, whereof the State could not take notice, unleſs there had been a Proceſs, and a Sentence from the Kirk (which the Commiſſion it ſelf denies, and therefore complains of the Appeal as from a meer deſire, and which ſentence they could not have given at St. Andrews, it being neither their Quarterly Meeting, nor after Proceſs, nor a Trial of their Doctrine, and leaſt of all becauſe it agrees not with their Commiſſion to cenſure theſe who preached according to the Acts of all our General Aſſemblies, from 1560. til 1650. in above 200. ſeveral places and paſſages, and which if they did not preach, they might be cenſured and deprived, according to the Acts of the Aſſembly 1648.) and had deſired the States concurrence againſt them for their diſobedience, otherwiſe this Procedor is de facto like King James his practice and threatning to Mr. David Calderwood at St. Andrews 1617. That if he would not acknowledg his power of ſpiritually ſuſpending him, he would ſuſpend him corporally; and if h… would not abſtain from preaching and writing againſt the five Articles, he would baniſh him, as he did; and thereafter in 1606. and 1608. he called for Mr. William Scot, and ſundry other worthy men of the Miniſtry, unto London, and detained them there until he cauſed hold the corrupt Aſſembly at Lithgow; and this hath been often called ſince in the publick Declarations and Warnings of the Church of Scotland; a perſecution of the Miniſtry and of the Goſpel, which would, and did grow to a great height, and both in Law and Reaſon, and in the words of our two Covenants, and ſolemn Acknowledgment, quod non licet directe, non licet indirecte; and as I might lawfully proteſt againſt the States direct doing of it, ſo againſt their indirect doing of it. And now for the point of proteſtation, Cui libet licet proteſtari ſupplicare mendicare, as the common proverb goes: But it is moſt remarkable that the Lord by theſe legal means of Proteſtations hath preſerved in all times of Defection and houres of darkneſs (as betwixt 1571. and 1575. betwixt 1582. & 1587. betwixt 1597. and 1638.) the Church of Scotland from a total and univerſal back-ſlyding and breach of Covenant, and ſo from His Wrath and Judgment againſt the whol, but keeped ever a remnant in Covenant with Him and Him faſt to Them, and thereby they keeped God in the Land; and the Lord in all times of their reviving and recovery of light and life made their ſucceſſors, as it were, enter heirs by theſe Proteſtations to the Intereſts of the Church of Scotland in God, and His Intereſt in Her, and ſo hath He made us in our two Covenants and ſolemn Acknowledgment per ipſa verba, to be, as it were, ſerved and retoured to all the former Proteſtations; And who knows what ſucceſſors may be to theſe that are now neceſſary? It is worth remembring at this time, that in the Gen. Aſſembly 1586. when they were drawn on by the Kings Court to abſolve M. Patrick Adamſon, that Mr. Andrew Melvin and Mr. Andrew Hunter, in the name of the whol Synod of Fife, entred their Proteſtation againſt it, as before the Almighty God. His holy Angels and Saints, that ſeeing he had given no real ſigns and evidences of true Repentance, they had no aſſurance in Gods Word, or in the ſincere cuſtom of this Kirk, and in conſcience to allow this his Abſolvitor, and therefore until the time they perceived his converſion to be true and effectual, they cannot but hold him a man juſtly delivered up to Satan; which is too like to the preſent receiving of the Malignant party, then in the Aſſembly 1597. when the King carries in it the Commiſſioners of the Kirk with caveats to have vote in Parliament: but M. Jo. Davidon entred his Proteſtation, ſo did ſome Miniſters at Perth in the Null-Aſſembly 1617, ſo did they in the name of the Kirk of Scotland, give in a Proteſtation to the Parliament 1584. 1597. 1606. 1612. 1617. 1621. and 1633. againſt all theſe Procedors, to the prejudice of the Kirk of Scotland, and ſo they preſerved and tranſmitted by Proteſtations (which was firſt given in by our Reformers to the Parl. 1560.) unto this Generation 1638. and 1640. Jura Eccleſiae Scoticanae intacta in jure quamvis, frequentur violata de facto, which I pray God we may preſerve and tranſmit with as great fidelity and boldneſs to our poſterity, I will only add to this point the remembrance, that in Novemb. 1646. Mr. Rob. Duglas and Mr. Rob. Blair upon their hearing of ſome expreſſions in a report of Parliament anent their peace made with the Rebels, importing as if theſe Miniſters had not oppoſed the ſame, but by ſilence conſented thereto, which they diſclaimed in face of Parliament, and entred their proteſtation, That all the Judicatories of the Kirk were free of it, and that the Acts of Parliament approving it ſhould be without any prejudice of the liberty of the Kirk, and of any ſervant of Jeſus Chriſt to exoner their conſciences according to His Wo…d and the Principles and Declarations of this Kirk againſt it, notwithſtanding of the Act of Parliament, which Proteſtation was approven by the Commiſſion of the Kirk, and inſerted in their Records; and good reaſon is there for ſuch Proteſtations, eſpecially in Scotland, becauſe not only by Gods Word, but alſo by our National Covenant, ſolemn League and Covenant, and ſolemn Acknowledgment, all Intereſt of King or Parliament or Kingdom are ſubordinate to the Intereſt of Chriſt and all duties to men ſubordinate to our duty unto God, In hoc foederato regno federati Dei, according to the 2 Kings 11.17. and 2 Chron. 23.16. in both which the ſubſtance of that Covenant and our Covenant is, that we ſhould be Gods people, and all other relations ſubſerviant to that: ſit ergo gloria Chriſti, & ſalus Eclecſiae ſuprema Lex noſtra; and whenſoever we ſee it in any hazard or conteſt and any thing in competition with it, let us, according to our calling, at leaſt proteſt, that our Lord and our Mother may get right, which will legaly preſerve it to another Judgment, and if they get wrong thereby they will have witneſs of it, which is the leaſt which we ſhould do for Him (though we ſuffer for it) who hath done and ſuffered ſo much for us, and who puts a great favor and honor upon any whom He calls to be witneſſes to and for Him; and where one hath a neceſſity to proteſt for his particular right, or place in Parliament, we ſee they do it ordinarily, and in all Acts of Parliament the laſt is, ſavo jure cujuſlibet; and why not far rather, ſolvo jure Chriſti ac Eccleſiae? Which Proteſtation by communicating of this Paper I do enter againſt the Ratification of the Paper given in by the Commiſſion to the Parliament, anent the confinement of the Miniſters of Sterling for their preaching, or of any other Paper of theirs prejudicial to the Covenant and Cauſe of Jeſus Chriſt.