The Nullity of the Pretended Assembly at St Andrews and Dundee, Treatise 1 – Treatise 2

The Nullity of the Pretended Assembly at St Andrews and Dundee · Treatise 1 – Treatise 2

p. 14REASONS PROVING, That the late Meeting at St. Andrews is not a Lawful Free GENERAL-ASSEMBLY Of the KIRK of SCOTLAND, With ANSWERS to the OBjECTIONS on the contrary

THat is not a lawfull free Generall Aſſembly, the election of whoſe Commiſsioners is ſo prejudiced and pre-limited in the due liberty and freedom thereof, that many Miniſters of Preſbyteries in a capacity of deſerving to be choſen for their abilities and faithfulneſſe, are by the Presbyteries at the order and appointment of a ſuperior Judicatory, paſt by and ſet aſide in the election, and rendered incapable to be Members of the Aſſembly; but the late meeting at St. Andrews was ſuch: Therefore, &c. The firſt Propoſition albeit (as we conceive) unqueſtionable, yet ſhall afterwards be alittle further ſpoken to The ſecond is proved by Presbyteries proceeding according to the Letter, and Act of the Commiſsion of the former Aſſemblie, ſent unto them about the time of their chooſing Commiſsioners, appointing that ſuch as after conference ſhould remain unſatisfied with, and continue to oppoſe the publick reſolutions, to be cited to the Generall Aſſembly, which Act doth upon the matter include theſe Four things. 1. A direction that Presbyteries p. 7ſhould chooſe none to be Commiſsioners, but ſuch as did concur with the publick reſolutions. 2. An intimation of the Commiſsions mind, that Diſſenters from the publick reſolutions were ſo farre from being in a capacity to be choſen Commiſsioners, and to ſit as Judges of the matter in the Gen. Aſſembly, that they ought to be looked upon as guilty perſons, who were for their guiltineſſe to be cited and judged. 3. A Declaration that if they ſhould be choſen, they could not be admitted to ſit upon the Bench as Judges, but behoved to ſtand at the Barre and anſwer as rei. 4. That if the Presbyteries ſhould chooſe them, they were to be eſteemed diſobedient, and looked upon as perſons having no reſpect to publick orders of the Kirk; which things do cleerly enough prove that there was ſuch a prelimiting of the election as is formerly ſpoken of.

Object. The Commiſsioners of the General Aſſembly in the yeer 1648. did by a Letter written to the ſeverall Presbyteries, appoint ſuch Miniſters as refuſed to declare their judgement againſt the Engagement, which was then carried on, or did declare themſelves ſatisfied there with to be refered by their ſeverall Presbyteries to the General Aſſemblie, which upon the matter is equivalent to a citation; and yet was not that judged a pre-limitation of the freedom of the Aſſembly. Anſwer. To ſay nothing of the difference of a Reference and Citation, neither yet of the difference of a Letter and an Act: We deſire theſe things to be conſidered in anſwer to what is objected. 1. That in the yeer 1648. when a little before the election of Commiſsioners by the Presbyteries to the General Aſſembly; it was moved by ſome in the Commiſsion, that ſome thing might be written to Presbyteries to chuſe none but ſuch as were againſt the engagement; it was oppoſed as ſavouring away of pre-limitation, and ſo only a Letter was written, giving them an accompt of the Commiſsions proceeding, and exhorting them to their duty and to chuſe able and faithfull men. 2. That that Letter which is mentioned in the objection, was not written by the Commiſsion (as we remember) untill moſt part, if not all the elections in Presbyteries were paſt, wil be cleered by the date thereof. 3. That before the writing of that Letter, the whole Kirks of Scotland, almoſt in all the Presbyteries and Synods thereof had declared themſelves unſatisfied in conſcience with the Engaegment, excepting a very few Miniſters ſcatered here and there in Presbyteries, which few were alſo known to have been either oppoſers of p. 8the work of God, or neutrall and indefferent therein from the begining. 4. That the reſolutions of the Commiſsion were then agreeable to the Covenant and Act; and conſtitutions of former Generall Aſſemblies, which things being put together make a vive difference betwixt that which was then done, and that which the Commiſsion hath now done, becauſe the Letter and Act of the Commiſsion this year was previous to moſt part of the elections in Scotland, and whilſt many Presbytries were bearing teſtimony againſt their Reſolutions, and the moſt part of the godly of the Land remain unſatisfied therewith, and many p…ecious, able, and faithful men in the Miniſtry, who are known to have been ſtraight and zealous in the work of God from the begin…ing were bearing record againſt it, and whilſt the Reſolutions of the Commiſſion were point-blank contrary to the Covenant, and to the former Acts and Conſtitutions of this Kirk.

Objection. It was not only in the power of the Commiſſion to appoint thoſe who did oppoſe th… publick Reſolutions, to be cited to the General Aſſembly, but alſo to have Cenſured them, becauſe there is a Clauſe in their Commiſſion which gives them power to Cenſure ſuch as oppoſe them in their proceedings, as if they oppoſed the Aſſembly it ſelf: and therefore ſeeing the Commiſſion hath been ſo far from excluding that they have keeped themſelves fair within the limits and bonds of that power given them by the Aſſembly; it cannot be ſaid, That their Letter and Act doth import any prelimitation of the Aſſembly, or any prejudice to the freedom of Election, or any wrong to theſe, who were ordainned to be cited. Anſw. We deny that the Commiſsion had any power either to cenſure or cite theſe who oppoſed the publick Reſolutions now in Controverſie. The clauſe of the Commiſsion in 1648. (to which we ſuppoſe theirs to be conſonant) is that all oppoſers of the Authority of the Commiſsion in matters intruſted to them, ſhall be holden as oppoſers of the Authority of the General Aſſembly, but was never int…uſted to them to bring in the Malignant Party: nay, a great part of their Truſt was, to keep them out. But for further cleering of the buſineſs, we deſire that it may be conſidered, That as the light of Nature and common Reaſon teaches all ſuperior Judicatories to limit any to whom they give Delegations and Commiſsions to a certain Rule, according to which they are to walk in p. 9their adminiſtrations, to wit, the known ſtanding Laws of the incorporations, to which the Judicatories do belong, and to a certain end which they are to have before them in all their actings, to wit, The good and preſervation of the whole Body to whom they belong: ſo unleſs we will ſpeak groſſe abſurdities, it is undeniable, that the Commiſsion of the General Aſſembly were in all their actings to have walked according to the Acts of former General Aſſemblies, and to have had before them the preſerving and promoving of the work of Reformation, and the keeping of the Liberty and Priviledges of the Kirk intire and untouched, ne quid deurementi capiat Eccleſia: having been the main end why Commiſſioners from General Aſſemblies were at firſt appointed: but ſo it is that their Reſolutions and Proceedings in order to the taking in of the Malignant party were not only without the warrant of any Act of Aſſembly, and not only not contributive for the preſerving and advancing of the work of Reformation, but expreſly contrary to the clear Letter of the Covenant, and of multitude of Acts, and deſtructive to the work, and therefore had they no power at all either to Cenſure or Cite ſuch as did oppoſe them therein, and ſtand for the Covenant and Acts of the Aſſembly; and by aſſuming to themſelves ſuch a power they did not only beyond the bonds of their Commiſſion, but deſtroy the very end for which their Commiſſion was given them, to wit, The preſerving the Liberties and Priviledges of the Kirk, for by this means they brought the Gen. Aſſembly it ſelf into ſervitude and bondage, by excluding all ſuch there-from as would not be conſenting to that courſe of Defection which they had carried on, a very dangerous and damnable preparative which laies a foundation, Firſt, for the total overthrow of the Diſciplin of this Kirk, then of the Doctrin and Worſhip: for by this means if the Commiſſion once be corrupted, though it were ſo far as to the introducing of Prelacy and the Service-Book; nay, though it were to the bringing in of the Popes Supremacy and the whole Body of Popery; there is no remedy left, none can vote in a Gen. Aſſembly where the remedy is to be expected, but ſuch as Concur with them in Judgment; others, who Differ and Oppoſe, are to be Cited and Cenſured.

Object. Albeit the Commiſſion did ſend ſuch a Letter and Act as is ſpoken of, yet it doth not from thence follow that thereby Election of Commiſſioners in Presbyteries to the Aſſembly is prelimited p. 10or pre-judged in the due liberty and freedom thereof. 1 Becauſe it was free to Presbyteries, notwithſtanding thereof, to chuſe whom they pleaſed. 2 A Citation to the General Aſſembly doth not bar a man from being choſen Commiſſioner thereto, nor exclude him when he is choſen from voting therein. 3 Becauſe that Letter and Act had little or no influence upon Presbyteries in the choice of their Commiſſioners, but notwithſtanding thereof ſeveral Presbyteries did chuſe men who were unſatisfied with the Publick Reſolutions. 4 None who were unſatisfied with the Publick Reſolutions, and were Commiſſioners, were upon that accompt, of their not being ſatisfied; or being cited, denied a Voice in the Aſſembly. Anſw. As to the Firſt, it is true, That Presbyteries were phyſically free, notwithſtanding of that Letter and Act to chuſe whom they pleaſed, That is, the Letter and Act put no external coaction and conſtraint upon them by any coerſive power upon the outward man; but they were not morally free, that is, they were not free from a moral over-awing power, having influence upon their will, to wit, the authority of the Commiſſion, commanding them upon the matter to chuſe none ſuch, and upon the matter threatning them if they ſhould do otherwiſe. They were ſo far bound as the Commiſſion could bind them: and who knows not what influence the Direction and Commands thereof have upon Presbyteries to determine them in their actings. As to the Second, Though every Citation, or Citations of all kinds, do not exclude a man from being choſen a Commiſſioner, or ſitting a Member of the Aſſembly, yet we think that it will not be denied, that a Citation in matter of ſcandal, either in Doctrine or manners, will, and ought to exclude him from being choſen Commiſſioner to, or ſitting in a Gen. Aſſembly. The Aſſembly, ſince the firſt Reformation, and that upon good grounds, having alwaies taken care that all her Members ſhould be free of ſcandal, and of a good report: and that this is a ſcandal more then ordinary in the judgment of the Commiſſion, both in Doctrin and manners, is cleer from their Papers and Warnings, wherein they do not only loaden it with many grievous imputations, but ſtir up the Civil Magiſtrate to puniſh ſuch as are guilty of it, and gives directions to Presbyteries for cenſuring them with Eccleſiaſtical Cenſures: Beſides, it is unqueſtionable that all citations do exclude men from being Judges in the matter for which they are cited; and therefore though they might have been admitted to ſit as Judges p. 11in the Aſſembly in other particulars, which yet is not granted for the reaſon above mentioned, yet it is above controverſie that they could not have ſitten in this: and therefore it ſtill follows, that as to this particular, which was indeed the main thing, if not in a ſort, all that was to be handled in the Aſſembly, it was prelimited. As to the Third, That that Letter and Act had no influence upon Preſbyteries in the choice of their Commiſſioners: it is ſpoken againſt the truth, as will appear by theſe Inſtances: 1 All thoſe Miniſters who oppoſe the Publick Reſolutions are known to be honeſt and faithful men, and moſt of them as had wont (ordinarily theſe years paſt, becauſe of their abilitie and integrity) to be choſen Commiſſioners; but few of theſe were choſen in Presbyteries this year to be Commiſſioners to the Aſſembly; and if any ſuch were choſen, it was where the whole Presbytery was unanimous againſt the Publick Reſolutions; or if the Presbytery were divided in their judgments, then was there, for moſt part, either two Elections, or elſe diſſents from, and Proteſtation againſt the Election of ſuch as were unſatisfied with the Publick Reſolutions; or elſe both, as in the Elections of Glaſgow and Sterline; of all which no Reaſon can be given, except the Letter and Act of the Commiſſion. 2 The Preſbytery of Dunkel having choſen their Commiſſioners to the Gen. Aſſembly, and one of their number who was a member of the Commiſſion having diſſented from, and proteſted againſt the Election; becauſe ſuch as were choſen were unſatisfied with the Commiſſions proceedings: the Synod of Perth meeting a little thereafter, and receiving the Letter and Act of the Commiſſion did thereupon ſuſtain the Diſſent and Proteſtation of that man of their number, and appointed the Presbytery of Dunkel to chuſe their Commiſſioners anew again. As to the Fourth, That none were denied a voice in the Aſſembly upon the accompt of their not being ſatisfied, or being cited: albeit that were true, yet it doth not make void what is ſaid for pre-limiting the Elections by the Letter and Act of the Commiſſion, becauſe the Elections were primo inſtanti, prejudged in Presbyteries, by barring thoſe from being choſen who otherwiſe were in a capacity and likelihood to have been choſen, by which it having come to paſs that few ſuch were choſen; Policy taught the Aſſembly not to deny ſuch of them as were choſen, a vote upon that accompt, the votes of ſo few a number not being like to prove ſo great a diſadvantage to their buſineſs as the profeſt denial p. 12of them a vote would have done: But in order to this particular, we do further offer theſe two things for one Anſwer. 1 That the diſcuſſing and judging of the Commiſsions of theſe in the Presbytery of Glaſgow, who were unſatisfied with the Publick Reſolutions, was laid aſide upon this conſideration, only, becauſe the Reaſon of Mr. Rob. Ramſay his Proteſtation againſt the Election, taken from their diſſatisfaction with the Publick Reſolutions, could not (as was alleadged) be diſcuſſed till theſe Reſolutions were either condemned or approven, which was in effect to exclude them from voting, becauſe of their not approving the Publick Reſolutions: And this is ſo much the ſtronger, if we ſhall conſider that it was refuſed to lay aſide the Commiſsions of theſe who had carried on theſe Reſolutions in the Commiſsion of the Aſſembly, until their proceedings ſhould be tried and approven. 2 It is to be conſidered, that the Aſſembly did ſuſtain and approve the Letter and Act of the Commiſsion for citing ſuch as were unſatisfied, which was a real excluding of all theſe who were cited upon diſſatisfaction, at leaſt from being made Judges in that particular.

Reaſ. That cannot be, or is not accompted a lawful free Gen. Aſſembly, in which relevant Exceptions being timouſly propounded againſt many of the Members thereof, and offered to be verified and inſtructed, were refuſed to be taken in conſideration; but, notwithſtanding of the timous proponing of theſe Exceptions, and offering to inſtruct the ſame, theſe Members were allowed to ſit and vote before theſe Exceptions were taken in conſideration and diſcuſſed: But the Meeting of St. Andrews was ſuch, becauſe it being propounded and urged by ſundry in that Meeting, that ſuch of the Commiſsion as had hand in the Publick Reſolutions ſhould not be permitted to ſit and vote in the Aſſembly, they being under a ſcandal and guilty of the promoting a courſe of Defection which was offered to be inſtructed until ſuch time as they ſhould be tried: yet it was refuſed to take any ſuch Exception in conſideration, or to remove them till this ſhould be tried and diſcuſsed. Therefore, &c. For further clearing and confirming of this Argument, it is needful to ſpeak to theſe two things. 1 To ſhew, that it was incumbent in duty to the Aſsembly to have removed from their Meeting all perſons under ſcandal (the ſame being made known unto them) until they were purged thereof. 2 To ſhew, that the perſons objected againſt were under ſuch ſcandals as is alleadged for the firſt; p. 13albeit (as we conceive) no great controverſie will be made about it, yet we offer theſe things for proof of it: 1 That the light of Nature, and the Word of God ſpeaks for it. 2 That ſome clauſes both of our National Covenant, and Solemn League and Covenant, and Eight Deſires of the Commiſsion in the year 1648. and of the ſolemn Engagement in the ſame year, and all the Church Remonſtrances for purging of Armies and Judicatories, even the late Papers given in by the ſame Commiſsioners to the Parliament at Sterlin… about the Act of Claſſes for excluding of ſcandalous perſons from being Members of our Judicatories. 3 There is a Rule and Order ſet down in the Third Gen Aſsembly of this Kirk in July 1562. That at the entry of every Aſsembly, the firſt work is to be anent trying and purging of the Members thereof; where men are appointed to be charged in Gods behalf, to declare their conſciences to…ching their Doctrin, Life and execution of their Office, if therein they be ſcandalous: like as it is appointed that any to whoſe charge any thing is laid, ought to be removed out of the Aſsembly, until his cauſe be tried; and if he be convicted, he can have no Voice until the Kirk receive ſatisfaction, and in the common order of proceeding ſet down in ſubſequent Aſsemblies, ſet down by the Aſsembly in March 1568. It is appointed, that before any meddle with any buſineſs they ſhall f…ll unto the tryal of their Members. The ſame is to be found in the Aſsembly 1578. Auguſt 6. at Edinburgh, and in the Aſsembly 1580. and in the Aſsembly 1581. which two laſt Aſsemblies, as the one of them condemned the O…fice of Epiſcopacie and p…t out the Biſhops; and the other eſtabliſhed Presbyteries and the Book of Policie, and the ſhort Confeſsion of Faith, or our National Covenant: ſo were they ſo exact and diligent in this trying, purging work of their Members, that at their very entry they require all men as they render the Glory of God and the weale of this Kirk, and as they ſhall be anſwerable to God upon their conſciences, that they delat and give in the Names and Faults of any of their number, to the removing of the ſlander which ariſes to the whol Kirk by their admitting of ſuch Members; which cuſtom and practice was exactly kept for above twenty Aſsemblies, and twenty years together. 4 All the Aſsemblies of this Kirk, ſince the late Reformation in the year 16…8. have upon the objection of ſcandal againſt any of their Members in the time of the Conſtitution of their Meeting, removed theſe Members until the Exception were tried p. 14and diſcuſsed; nay, this ſame Meeting at St. Andrews upon like exception and objection, that the ſcandal of the Laird of Blaketer and ſome others, their acceſſion to the unlawful Engagement was not yet ſufficiently purged, by notifying their repentance to the Aſſembly, and approving the ſame where they were removed from ſitting as Members: And we would have any man in the world to bring a reaſon why ſome Members, upon Exceptions propounded, ſhould have been removed, till theſe were tried and diſcuſſed; and yet other Members admitted againſt them as relevant? nay, more relevant Exceptions were propounded before the trying and diſcuſſing of them. For the Second, That the perſons objected againſt, were under ſcandal of carrying on a courſe of Defection: It is manifeſt, not only from hear-ſay and common report, the firſt whereof in the 13. of Deuteronomy and 12. Verſe, is made a ground for enquiring and making ſearch, and asking diligently after theſe who ſeduce to falſe-worſhip: And the other ground of proceeding againſt the inceſtous perſon 1 Cor. 5.1. 2 Theſ. 3.11. But alſo from theſe Four Particulars. 1 The offence and ſtumbling, and ſad complaint of the plurality of the godly in the Land againſt their proceedings. 2 The Teſtimony and Letters of many Presbyteries bearing their ſtumbling and diſſatisfaction with ſuch courſes. 3. The clear ſtanding Acts, Remonſtrances, and Declarations of former General Aſſemblies, unto the which theſe proceedings were diametrally oppoſit. 4 The Teſtimony of ſundry Brethren of the Aſſembly offering to inſtruct what was alleadged.

Objection. The Commiſsioners of former Aſſemblies have alwayes ſuch of them as was choſen by Presbytries being admitted to be Members, before the tryal, and approbation of their proceedings. Anſwer. It is true, That the Commiſsioners have been allowed to ſit until their proceedings come to be tryed and judged; but it is as true that ſuch Exception and Objection being proponed, was never rejected; There was ſince the late Reformation, no cauſe to propound any ſuch thing: the Commiſsioners till this year having alwayes carried themſelves faithfully, but upon ſuppoſal they had done otherwiſe, it cannot in reaſon be denied, but that there was reaſon both to propound it, and take it in conſideration: In order to this particular, it is to be remembred, that upon occaſion of the great Debate in the Aſſembly 1597. concerning the carriage and proceedings of the Commiſsion of the Gen. Aſſembly who had p. 15led the Church into defection in the interval betwixt Aſſemblies by taking upon them to give in Petitions to the Parliament for Vote in Parliament to the Miniſters that ſhould be provided to Prelacies and repreſenting the true Kirk of God, and being the Third Eſtate of the Realm; the next Aſſembly which ſate in the year 1601 did make an Act appointing the Commiſsioners of the preceding Aſſembly to give an accompt of their whole proceedings in the beginning of the next, before any other cauſe or matter be handled, and their proceeedings be allowed, or diſſallowed, as the Aſſembly ſhall think expedient; which Act was renewed in the year 1648. and doth neceſsarily infer, That they are not to be admitted to ſit as Members of the Aſsembly, though there be no ſcandal nor exception propounded therupon, till their carriage be firſt tryed and approven: muchleſs they are to be admitted when there is ſcandal and exception propounded thereupon.

Object. It was ſufficient to remove them, when the Report of their proceedings come in to be judged, or not to admit them as Judges of the things wherein they were to be tryed; and as this was done in former Aſsemblies, ſo it was alſo done in this. Anſw. That was not ſufficient, becauſe it being objected and offered to be inſtructed, that they were under a ſcandal, and that of a very high nature, they ought not to have ſitten as Members until they had firſt been purged thereof, unleſs we may ſay that any ſcandalous man may judge in any thing, except in the matter of his own ſcandal. 2. There was a manifeſt prejudice to the judging of their own proceedings by their ſitting, becauſe they had a hand in nominating, and appointing men, who did conſider their proceedings, and make Report thereof to the Aſsembly: nay, their Moderator and Clerk, being Moderator and Clerk of the Aſſembly, did nominate all theſe men, and were ſo groſſe therein, that except one man, they nominated none to be upon the Committee, except ſuch as were of their own judgment, though ſome few dayes after they did adde ſome few others, after it was taken notice of, and regraited in private Conference with the Moderator.

Object. If the propounding of one Exception was reaſon ſufficient to have removed ſo many conſiderable Members of the Aſſembly, then might the whole Members one after another, have been removed by propounding Exceptions againſt them, and ſo not only that Aſſembly, but all Aſſemblies whatſoever, might by any p. 16contentious of malevolous perſon be brought to nothing, becauſe they might propound Exceptions againſt each of the Members, and alleadge, That they could not ſit until theſe were firſt tryed and diſcuſsed, otherwiſe it were not a lawful free General Aſſembly. Anſw. This Objection ſtrikes againſt the propounding and hearing of any Exception whatſoever, againſt any conſtituent Member of a Judicatory, as well as againſt the preſent caſe; and therefore if the makers of it admit Exceptions againſt conſtituent Members in any caſe, they are bound no leſs then we are, to frame an Anſwer thereto, which anſwer in the preſent Caſe, as in others, they would not grant. But to the thing it ſelf, we ſay, That it is not ſufficient for removing of Members of Judicatories ſimply to propound and offer Exceptions againſt them; but theſe two things are requiſite in the Exception propounded and offered. 1. That for the matter it be ſuch as prima fronte, at leaſt ſeems relevant in law. 2. That for the truth of the fact in application to the perſons againſt whom it is made there be a ſcandal, or ſome preſumptions, or ſome offering to inſtruct and make it out; now in the preſent caſe it is clear that the exceptions propounded was relevant in jure: if there be any relevant, why a man ſhould not ſit in the General Aſsembly, this certainly is one, that he hath betrayed his former Truſt, hath made defection from the covenant and cauſe, and being inſtrumental to carry on a courſe of defection throughout the Kirk and Kingdom; and as to the truth of the Fact in reference to theſe againſt whom the exception was made, all theſe three did concur a flagrant ſcandal, pregnant preſumptions, and perſons in the Judicatory offering to inſtruct and verifie what was alleadged.

Object. No Exception could be taken in conſideration, nor diſcuſsed until the Judicatories was firſt conſtituted, and a Moderator choſen, and therefore it is nothing againſt the freedom of the Meeting, that the Aſsembly not yet being conſtitute, and a Moderator not choſen, that they did refuſe to fall upon the tryal and diſcuſſing of that Exception againſt the Commiſsioners of the former Aſſembly. Anſw. If the Aſsembly had immediatly, upon the choice of the Moderator, fallen upon the tryal and diſcuſsing of that Exception, and removed theſe againſt whom it was made, from ſitting in the Aſsembly as Judges in any thing until that had been done, though it could not have looſed, yet it would have leſsened the difficulty and ſtrength of the Argument; but even after the Moderator p. 17was choſen, and the Aſſembly now formally conſtitute, theſe men were all allowed to ſit as Members, and to be Judges in every thing that come before the Aſſembly for many dayes together before the Aſſembly had judged of the exception; nay, which is more, before their proceedings were approven by the Aſſembly, they ſate as Judges to give vote and ſentence upon this very exception propounded againſt themſelves, the ſame being one of the ſpeciall reaſons contained in the Proteſtation, which was condemned before the proceedings of the Commiſſioners were reported and approven, we ſaid that it would not have looſed the difficultie, becauſe the thing which was Deſired, was not the Tryall and Diſcuſſion of the Exception inſtantly before the choice of a Moderator, but that accordingly as was done in reference to other Members excepted againſt, ſo theſe ſhould be laid aſide, and not allowed to vote untill the Aſſembly being conſtitute, take in conſideration, and diſcuſſe the the ſame, which they were ſo far from doing, that they did peremptorily reject it, and admit him to vote, which was in effect to reject the exception wholly, and to determine either that it was not relevant, or elſe that it was falſe, both which were abſurd. 1. Becauſe to ſay that it was not relevant, was to contradict moſt clear light of reaſon, and to ſay it was falſe, was to approve the Commiſſions proceedings before tryall of them, or hearing what was to be ſaid for verifying the exception.

Object. They could not be debarred untill they were found judicially ſcandalous, 1. Becauſe they were many of them, men of approven integrity in all their former carriage. 2. This had been to faſten an imputation, nay a kind of cenſure upon them before they were found guilty. 3. It had been to make way for a bad preparative, to remove a number of able and faithfull men out of a Judicatory whenſoever it ſhould pleaſe any to come in againſt them with any ſuch alleadgeances. Anſ. All theſe things are clearly enough anſwered already, yet for further ſatisfaction, we ſhortly reply, that though a Judiciall tryall and ſentence may haply be required for removing one who is already a received member of a conſtitute Judicatory, yet its not in regard of the members of a Judicatory yet to be conſtituted, or in regard of members yet not admitted; for if it were ſo, then it would follow, either that no Judicatory could conſtitute it ſelf, but behaved to have ſome other Judicatory to judge of the conſtituent Members p. 18of it, or elſe that it behoved to conſtitute it ſelf of ſcandalous perſons: notwithſtanding of timeous information given of theſe ſcandals and exceptions propounded againſt the perſons under the ſame, why they could not ſit till theſe ſcandals were purged. 2. It deſtroyes the common order and directorie of procedour in the conſtitution of all Judicatories. 3. It contradicts the current and conſtant tenor of the practices and proceedings of the Generall Aſſemblies of this Kirk, in order to their conſtitution, who have alwayes removed perſons againſt whom exceptions were made, till they took tryall of the ſame, though there were no Judiciall ſentence at the propounding of them produced for verifying of them. As for their former integrity, we ſhall not deny to ſundry of them that teſtimony. But as it is not the firſt time in the Kirk of Scotland, that men of underſtanding have fallen to prove others ſo, neither did their former carriage when they fell from their ſtedfaſtnes, perſwade others to wink or be ſilent at their defection, and for the faſtening an imputation or kind of cenſure upon them. It was much better and more ſafe and reaſonable (ſuppoſing what is alleadged) to faſten a juſt imputation upon them, then to faſten an unjuſt and remeadileſſe prejudice upon the cauſe. But would not their being vindicated after triall, have made their righteouſneſſe ſhine more brightly. And for the preparative, it is already anſwered, That it is not ſufficient to propound things by way of exception, but that they muſt be relevant for the matter, and probable for the truth, becauſe of ſcandal or preſumptions, or perſons offering to verifie and inſtruct: All which were in the preſent caſe.

3. Reaſon. That is not a lawfull f…ee Aſſembly, where there is not liberty and freedom to vote in the matters agitated and debated therein: But the Meeting at S. Andrews had no liberty nor freedom in the chief matters that came in conſideration, to wit, the Publick Reſolutions and Proceedings of the Commiſſion, as it is manifeſt from theſe particulars. 1. The Commiſſion had in their Remonſtrances and Papers, ſtirred up the Civill Magiſtrate againſt ſuch as did differ from them in theſe Reſolutions and Proceedings, and accordingly the Civill Magiſtrate had confined ſome Miniſters, to wit theſe of Sterlin, upon that accompt, and had made Lawes and Acts of Parliament, appointing all ſuch to be proceeded againſt as Enemies to Religion and the Kingdome. 2. The Commiſſion had by their Warnings and Papers to Presbyteries, ſtirred up Preſbyteries p. 19to cenſure ſuch, and cite them to the Generall Aſſembly, and accordingly the Presbyteries did cite many of them. 3. The Kings Majeſty wrote to the Aſſembly, a Letter inciting and ſtirring up to puniſhment and cenſure theſe who differed from the Publick Reſolutions; and his Commiſſioner did ſecond the ſame by a Speech to the Aſsembly, intimating that he hoped that ſuch a courſe ſhould be taken with them, as that all others might be deterred from doing the like hereafter: none of all which things that Meeting did reſent, but firſt were ſilent thereat, and afterwards did approve them.

Object. It was not any prelimiting of the Aſſembly in the freedom of their voices for the King and his Commiſſioner to ſtir them up to their duty againſt theſe who differed, and ſhould not obey the Aſſembly: Nay, it was incumbent to the King and his Commiſsioner to do ſo, as it is incumbent to the Judicatories of the Kirk to ſtir up the Civil Magiſtrate to his duty. Anſ. If the King and his Commiſsioner had kept themſelves within the bounds ſpoken of in the Objection, leſſe could have been ſaid; but whilſt the Aſſembly had not yet medled with the Publick Reſolutions and proceedings of the Commiſsion either to condemn or approve them, they ſtirred up of the Aſſembly to puniſh and cenſure, not theſe who ſhall differ from the Aſſembly in their Acts and Concluſions, but theſe who differ from the Commiſsion in their Acts and Concluſions.

4. Reaſon. That is not a free Aſſembly wherein perſons allowed by the Acts and Policie of the Kirk to ſpeak their Conſciences are denied liberty ſo to do. But ſo it was in the Aſſembly at S. Andrews, that ſuch perſons were denyed that liberty. Perſons allowed to ſpeak in an Aſſembly, are not onelyonly Eccleſiaſtick perſons having calling and power to vote therein; but others alſo are allowed to propone hear and reaſon, as is evident from the Policie of the Kirk, and Acts of Aſſembly 1581, and 1586, and 1596. all which expreſſes this as a part of the freedom of the Generall Aſſembly of the Kirk of Scotland, and it was the uſuall practice of this Kirk, to deſire any judicious Member of the Kirk to preſent unto the Aſſembly in writing their thoughts of any dangers to Religion, or to the Kirk, and of the beſt remedies of the ſame, as is evident from the Records of the Aſsemblies 1567, 1587, 159…, 1594, 1595 and eſpecially in the time of any trouble or difference. Yet notwithſtanding of all theſe things, Sir Archibald Johnſtou… Clerk of the Generall Aſsembly, a man to this time undeniably faithfull, p. 20and ſingularly acquainted with the acts and proceedings of this Kirk, and with the matters preſently in controverſie and debate, and who hath been uſeful above many in all the tract of the work of Reformation from the begining throughout all the ſteps thereof, both at home and abroad; having written his mind to the Meeting (not being able to come himſelf) about the things which were to be agitat in the Aſſembly, and holden out much clear light from the Scriptures, and from Acts of former Aſſemblies in theſe particulars; albeit the Letter was delivered publickly to the Moderator in the face of the Aſsembly, and urged to be read by him who preſented it, that then the Moderator did break it up, and promiſed to cauſe read it; and that many Members did thereafter upon ſeveral occaſions, and at ſeveral Diets preſs the reading of it, yet could never the reading thereof be obtained, but it was ſmothered together with a Ptoteſtation which was contained therin againſt a Paper given in by the Commiſſion to the Parliament, approving what was done by the King and the Committee of Eſtates againſt the Miniſters of Sterline.

5 Reaſ. That cannot be accompted a free Aſſembly to which there was not free acceſs and receſs: But there was not free acceſs to this Aſſembly by reaſon of two Armies being interjacent bewixt the place of meeting, and the dwellings of many of the Commiſſioners; theſe Armies in the very time when the Commiſſioners ſhould have come to the Aſſembly, being purſuing one another hotly, and having their parties roving abroad every where, Therefore many Members were abſent, above the one half of the Burroughs, and many Presbyteries, to the number of nine or ten: Neither was there free receſs from it, not only becauſe of the former reaſon, but alſo becauſe the King and the Committee of Eſtates did detain and keep under a kind of confinement at Sterling, ſeveral Members thereof, as they were returning to their own home, having nothing, nor alleadging any thing to challenge them of, unleſs it were their carriage at the Aſſembly.

6 Reaſ. That is not a lawful free Aſſembly, in which perſons lawfully under the trial thereof, are admitted to ſit as Judges in the ſame thing for which they are under trial. But the Meeting at St. Andrews and Dundee is ſuch, becauſe the Commiſſioners of the Gen Aſſembly were, before the approbation of their proceedings by the Aſſembly, admitted to ſit as Judges of the Proteſtation, a part p. 21whereof was, that their proceedings ſhould not be ratified, becauſe they did involve a conjunction with the Malignant Party; which is contrary to the Word of God, the Solemn League and Covenant, the Solemn Engagement, many Acts, Warnings and Declarations of this Kirk &c. Yea, not only did they before the approving of theſe proceedings by the Aſſembly, judge the Proteſtation, whereof their own proceedings were a part, but did alſo before the approving their proceedings, judge the perſons who had given it in, and gave their voices amongſt others who of them ſhould be cited, in order to Cenſure; nay, the Committee wherein that buſineſs relating to the Proteſtation and the in-givers of it was handled, and upon whoſe report thereanent the Reſolutions of the Aſſembly therein did mainly hang, was for moſt part made up of thoſe who had been Members of the Commiſſion; which things, when they are impartially conſidered by indifferent men, I beleeve will be acknowledged to be very unſutable and inconſiſtent with the liberty of a free Aſſembly. There be two things, as to the matter of Fact needful to be verified in this Argument: one is, That the Proteſtation was judged and condemned, and the five Members appointed to be cited before the approving of the Commiſſion-Book. Another is this, That the Members of the Commiſsion had voice in theſe things. Of the truth of both theſe we are informed by ſome, but if any doubt, we ſhall deſire him to lay no weight upon the Argument until he get the certaintie; and we our ſelves do not lay any weight upon it, but as theſe things ſhall be found true.

Object. Albeit theſe Reaſons do indeed hold forth ſome kind of encroachment upon the liberty and freedom of the Aſſembly, yet do they not prove the Nullity thereof: Every degree of encroachment is not ſuch as deſtroies an Aſſembly, and makes it no Aſſembly; but it were hard ever to find a lawful free Aſſembly in the World. Anſ. It is true, That every encroachment upon the liberty of an Aſſembly does not deſtroy it and make it no Aſſembly, but we deny that theſe encroachments contained in our arguments doth it not, and we give theſe two Reaſons of our denial: 1 Becauſe the things mentioned deſtroy almoſt all the eſſential requiſits of a free Aſſembly; freedom of Elections, freedom of Voicing, free acceſs & receſs, and free hearing of what is offered for light, impartial hearing and diſcuſsing of Exceptions againſt conſtituent Members, admitting parties, or theſe who are under trial, to be Judges in the ſame thing. p. 222 Becauſe theſe are ſuch encroachments as moved the General Aſſembly in the year 1638. becauſe of the like, to judge ſeveral of the former Aſſemblies of this Kirk to be null, as may be ſeen in the Acts of that Aſſembly. We beleeve, that there is none of theſe pretended Aſſemblies for the Nullity of which ſtronger Reaſons are brought then theſe are which we have brought for the Nullity of this, and will appear to thoſe who ſhall take but a little pains to compare them together.

Object. If ſo be this Aſſembly had proceeded right upon the matter, or according to the mind of theſe who oppoſe the Publick Reſolutions, it is not like that they would have thought that the Reaſons alleadged did prove the Nullity of it; and if ſo, why then ſhould ſuch things be made uſe of to prove the nullity of it, becauſe ſome men are not ſatisfied with the proceedings and acts thereof. A. Albeit there were no ſuch Reaſons as is alleadged, nor any thing relating to the point of form, yet conceive, and that with much appearance of Reaſon, that any Aſſembly proceeding wrong upon the matter, is a Null Aſſembly; becauſe Kirk Judicatories have no power to deſtruction, but all their power is to Edification. But whatſoever power the Commiſsioners in a Gen. Aſſembly have, it is by Commiſsion from their Presbyteries, which Cōmiſsion limits them to the Word of God and the Covenant, and Acts of former Aſſemblies; therefore in ſo far as they do any thing contrary to theſe, in ſo far they may be declined, as having no power nor authority for doing any ſuch thing; which furniſhes another conſiderable reaſon for declining of this Aſſembly, not before alleadged, becauſe they have in moſt of all, and the moſt material of their proceedings, proceeded contrary to the truſt committed unto them by Presbyteries. 2. Albeit they had proceeded right upon the matter, yet would there ſtill have been reaſon to have inſiſted upon the Objecting of theſe things, for preſerving and vindicating the liberty of Aſſemblies; and if any had, even in the caſe of their right, proceed or ſtuck cloſely to theſe things, we ſee not what cauſe there was to blame him for ſo doing, though yet we beleeve that men in the caſe of right procedor, upon the matter would have more eaſie digeſted faults; in the forme we muſt ſuppoſe it to be in theſe things as in the caſe of two Miniſters, both of them for the ſame fault, deſerving depoſition in ſtricto jure; and the one, as a man who is known not to Edifie, but Deſtroy; the other, known to Edifie, p. 25though guilty of theſe faults: Will not men think that they may with ſome good conſcience ſpare the one, when they depoſe the other? We take it to be not without ſpecial providence, that the Lord hath tryſted together in this Aſſembly ſo much illegality in Forme, and ſo much iniquity in Matter, and theſe being joyned together, do convincingly prove, That it is none of the lawful free Courts of Jeſus Chriſt, nor to be reckoned amongſt the free Gen. Aſſemblies of the Kirk of Scotland.

Object. It is without precedent, that the Conſtitution of a Gen. Aſſembly hath been Proteſted againſt in the Kirk of Scotland: Anſw. It is the Ignorance of the Hiſtory and Acts of the Kirk that makes men ſpeak ſo, we ſhall give but one inſtance, becauſe it doth moſt quadrat to the preſent caſe in the year, 1597. it being carried by plurality of voices in the Aſſembly, that the Petition of the Commiſſioners of the former Aſsembly, given in to the Parliament, for Miniſters voting in Parliament in name of the Kirk, and as the third Eſtate of the Kingdom, ſhould be approven; and that the Paper of Greivances which was given to the Aſsembly againſt that Petition by ſeveral Members thereof, ſhould be buried and obliterate for the continuance of Peace and Quietneſs in the Kirk; Mr. John Davidſon for himſelf, and in the Name of the Brethren, entered his Proteſtation in theſe tearms, That this preſent Aſsembly is not a free General Aſsembly; and deſired it be inſerted in the Books of the Aſsembly.

Object. It ſeems that the Proteſting againſt this Aſsembly hath in it no good nor profitable uſe at all, becauſe proteſting againſt their proceedings, had been teſtimony enough for the truth, though there had been no Proteſtation againſt the Aſsembly; yet the next being ſuch as it ought, might have taken the Conſtitution of this in conſideration, and declared it Null. Anſw. If the latter part of what is alleadged have any weight, it ſpeaks alſo againſt any Proteſtation againſt the matter of their proceedings: But the Lord calls for Proteſtation againſt both the matter and manner, and it hath theſe goods in it, beſides many other: 1. Our exoneration of our Conſciences to the duty and reſpect which we owe to Jeſus Chriſt, in maintaining the liberty and freedom of his Courts, unviolated. 2. Ground of conviction upon the Conſciences of theſe who have incroached upon the ſame. 3. A keeping of the whole Kirk of Scotland free of ſuch guiltineſs. 4. Preſerving a legal right and fair p. 26regreſs to theſe outward Priviledges of Chriſts viſible Kingdom. 5. One example of the like faithfulneſs and zeal to others in this, and the following generations.

Object. This Proteſtation ſeemeth to have two great evils in it, 1. Is a diſcovery of our Nakedneſs before the face of the Enemy, who is now in the Land, and doth inſult, and rejoyce, in theſe our Diviſions; and takes occaſion thereby, to ſpeak evil of the Government and Diſcipline of our Kirk. 2. It caſts looſe the whole Frame of our Kirk-Government, and puts out of capacity of having any more Aſſemblies. Anſw. It is not the Proteſting that hath diſcovered our Nakedneſs, or made the Enemy ſpeak evil of, or deſpiſe our Government, but it is the groſſe miſcarriages which are Proteſted againſt: The Proteſtation is rather a covering of our Nakedneſs, and making up of the Breach, and ſtopping of the mouthes of Enemies, when they hear that all are not involved, nor give not way to theſe corruptions of Government, but that many bear teſtimony againſt the ſame: Neither doth it caſt looſe the Form of Kirk-Government, or put us out of a capacity of having Aſſemblies, becauſe it is not a Proteſtation ſimply againſt Gen. Aſſemblies, but againſt the Conſtitution of this Aſſembly: The Doctrine, Diſcipline, Worſhip, and Government of the Kirk of Scotland is fully and clearly acknowledged and aſſerted in the Proteſtation, and General Aſſemblies rightly conſtituted, and proceeding rightly, are acknowledged to be amongſt the effectuall means for remeding the preſent differences and diſtractions; and there are ſeverall wayes and capacities left unto us, by which a Generall Aſſembly may again be called, one is by the mutuall conſent of Preſbyteries; a ſecond is by the Commiſſion of the former Aſsemblie, which ſeems to be in force until another lawful free Gen. Aſſembly do ſit: a third is by the Civil Magiſtrate, and others alſo there be which providence may offer. But it may be ſaid, That by the Proteſtation the exerciſe of the Government is ſuſpended, which may conſequently prove dangerous and deſtructive; To which we reply, 1 That the exerciſe of the Government is preſerved in the inferior, Judicatories. 2 It is much better that theſe who aſsume power to themſelves and exerciſe it to deſtruction, that they ſhould want it, and not have it; Better no General Aſsembly then a pretended one, which deſtroies inſtead of edifying: as better no Miniſter then one Uſurper over the Flock, who poyſons inſtead of feeding.

p. 27Object. To proteſt againſt a General Aſsembly hath alwaies been looked upon in this Kirk as a thing very cenſurable; and therefore in the year 1582. there is one Act of the General Aſsembly, appointing ſuch as decline the General Aſsembly, to be ſummarily excommunicated. Anſw. To make ſuch an act were, either to ſuppoſe that a General Aſsembly could not be wrong conſtitute, and could not err in their proceedings; or elſe, that ſuppoſe they ſhould be wrong conſtitute and err, yet they ought not to be declined or proteſted againſt, both which are equally abſurd, and therefore we cannot think that the Kirk of Scotland hath at any time made any ſuch Act in ſo general and unlimited terms. As to that in the year 1582. it is groſly miſtaken, becauſe it is no waies anent declining of unlawful Aſsemblies, but againſt appealing from lawful Aſsemblies to the Civil Magiſtrate in Eccleſiaſtick cauſes, for ſtopping Eccleſiaſtick Diſcipline againſt the perſons appealers, as is further evident by the occaſion thereof: Mr. Robert Montgomery Biſhop of Glaſgow, his producing Letters of Horning from the King & Counſel, charging the Aſsembly to deſiſt from his Proceſs, and ſuſpending their Sentence in the mean time, till the King and Counſel conſider the ſame; againſt which the Kirk entred a Proteſtation. From theſe things it may appear how unwarantably the Meeting at Dundee did upon alleadgance of this Act fall upon debate of the ſummar Excommunication of theſe who had proteſted.

A VINDICATION OF THE Freedom and Lawfulneſſe, and ſo of the Authority of the late GENERALL ASSEMBLY, Begun at St. Andrews, and continued at Dundee, in Anſwer to the Reaſons alleadged againſt the ſame in the Proteſtation and Declinator given in by ſome Brethren at St. Andrews; and in another Paper lately contrived by ſome, &c. 1651.

Together with a Review of the ſaid Vindication, plainly holding forth the Nullity and unlawfulneſſe of that pretended Generall Aſſembly: In which the aſperſions caſt upon the Proteſters in that Vindication are taken off: And the Anſwers brought unto the Reaſons contained in the Proteſtation, againſt the freedome and lawfulneſſe of that Meeting and in the Paper afterwards penned for clearing and confirming thereof are diſcuſſed, and the ſtrength of theſe reaſons eſtabliſhed to be a Null Aſſembly.

By a Friend of the Proteſters cauſe.

Gal 5.1.

Stand faſt therefore in the liberty wherewith Chriſt hath made us free, and be not entangled again with the yoke of bondage.

2. Cor. 10.8.

Our authority which the Lord hath given us for edification, and not for your deſtruction.

For we can do nothing againſt the truth, but for the truth.

Printed Anno Dom. 1652.

p. 3The Inſcription of the Vindication.

A Vindication of the freedom and lawfulneſſe, and ſo of the authority of the late Generall Aſſembly begun at S. Andrews, and continued at Dundee, in Anſwer to the Reaſons alleadged againſt the ſame in the Proteſtation and Declinator given in by ſome Brethren at S. Andrews, and in another Paper lately contrived by ſome practizing to foment diviſions, and to fix a Schiſme in this Kirk; and for that effect, ſpread abroad onelyonly into the hands of ſuch as they conceive wil be inclinable to follow their way, but keeped up from all others.