The Nullity of the Pretended Assembly at St Andrews and Dundee, Treatise 2 · Review 30
REVIEW.
TO theſe things I do joyn firſt, That the Author for ſtraining of the Commiſſions Act, to make it comprehenſive of as few he can, confines oppoſing to Publick Preaching, and active practiſing, to the hindering of people from going forth unto, or withdrawing them from the preſent juſt and neceſſary defence of the Land; but are there no more kindes of oppoſing but theſe two? What if a man after Conference had continued to pray againſt the Publick Reſolutions, as a courſe of defection, or in private diſcourſe holden forth the ſinfulneſſe of them, or writen to the Presbytery or Commiſsion that he was no more ſatisfied then at the beginning, and before the Conference; would not the Act have reached theſe, and ſuch as theſe, though they had not been Publick Preachers, or active practiſers againſt the Publick Reſolutions; we ſee not why the Author ſhould draw it ſo narrow, … diſtinguend … eſt, …ilex non diſtinguit: the Act ſpeaks indefinitely of all who after Conference remain unſatisfied, and continue to oppoſe, how then can he reſtrict it to two ſorts of oppoſers onelyonly, when there may be, and I know are ſeverall other ſorts. 2. Taking the Act as he expounds it, it doth at leaſt as to theſe include a pre-limitation, by excluding them in the elections, and theſe might have been many, becauſe there were very few who did once profeſſe diſſatisfaction with the Publick Reſolutions, that by Conferences, or other means then uſed by Presbyteries, and Synods, came to be ſatisfied; yea, there were not a few; who before the elections were conferred with, and yet did ſtill continue to oppoſe. 3. I deſire that it may be marked, That the Author grants that there were many in the Land who were unſatisfied in their judgements with the Publick Reſolutions, beſide theſe who did oppoſe and Act againſt the execution of them; by which many, he muſt mean many members of Presbyteries, and ſuch as were in a capacity to be elected Commiſſioners to the Generall Aſſembly, otherwiſe it were not to the purpoſe; it is after wards cleared by himſelf, when he ſaith ſundry ſuch Miniſters were choſen Commiſſioners, and ſate and voted in the Aſſembly; and if there were many unſatisfied with the Publick Reſolutions, who did abſtain from oppoſing (as he himſelf afterteth) and many who did oppoſe, by teſtifying Publickly againſt them, as (we have proven) it ſeems that the number who did approve of them were not ſo great, and that Presbyteries and Synods were not ſo harmonious about them as is often given out. 4. That there is not ſo much as probability, let be good evidence for that which the Author aſſerts, that the main end of the Commiſſions Act and Letter ſent to Presbyteries, was meer tenderneſſe to keep Presbyteries from cenſuring of ſome who had been too buſie ſticklers againſt Church and State: I give theſe probable evidences to the contrary: 1. Theſe too buſie ſticklers againſt Church and State, by the Authors accompt, were very few, and in very few Presbyteries, but that Letter and Act was ſent to all the Presbyteries in the Land, if it be true which the Author ſaid before, that at that time there were four parts of five of Presbyteries that had no oppoſite to the Publick reſolutions, there was no hazard of untender dealing there againſt too buſie ſticklers, nor could that be the ſcope and end that the Commiſſion did propone to themſelvs, in ſending their Letter and Act to theſe. 2. Albeit I know that there were ſome in the Commiſſion who did tenderly affect the oppoſers of Publick Reſolutions, and did ſtudy to keep ſtroaks off them, yet to make it appear that the plurality in their actings towards theſe who were unſatisfied with, and did oppoſe the Publick Reſolutions were not led with any ſuch tender ſpirit, as the Author here and elſewhere hints; I ſhal ſet down ſome Acts and orders of the Commiſsion which are hinted at by the Author himſelf, under the name of ſome prior Papers: 1. In a Letter written from Perth, Jan. 16. 1651. They gave this Order, And further we do hereby require and exhort you to take notice of them, of whatſoever place or ſtation, who do obſtruct, ſpeak againſt, diſſwe…e, privately or Publickly from the preſent Leavy, or who having a calling to ſpeak for it, are ſilent therein, and to make report thereof at the next Meeting of our Commiſsion at St. Andrews, Jan. 21. and in their warning from Perth March the 20. after they have applyed many of the Characters of the old Malignants which are ſet down in former Publick Papers of the Church, to theſe who were unſatisfied with & did oppoſe the Publick Reſolutions, and cited ſundry of the Acts made for cenſuring them, they cloſe thus: Therefore for execution of the foreſaid Acts of Aſſemblies, &c. We do in the Name of God inhibit and diſcharge all Miniſters to Preach, and all Miniſters and Profeſſors to detract, write, or ſpeak againſt the late Publick Reſolutions, and Papers of the Commiſsion of the Generall Aſſembly, in order to the calling forth of the people; and we do ſeriouſly recommend to Presbyteries, that with all vigilancy they take ſpeciall notice, and tryall of ſuch perſons within their bounds, whether ſuch as have ſtation there, or ſuch as in this troubleſome time, have their preſent reſidence, Miniſters or others, and impartially to proceed againſt them as they will be anſwerable; and leaſt this ſhould not be effectual enough, as being but a recommendation, though yet with a certificate, therefore at the ſame time, they did ſend this particular following order to Presbyteries. Reverend, and welbeloved Brethren, finding that notwithſtanding of our faithfull Warnings, and great pains taken to ſatisfie all men to concur in their places, for furthering of the Leavies, for defence of Religion, King and Kingdom, and all other our deareſt Intereſts: many are ſo far from concurring, that they do very vehemently go about by Preaching, Writing, and perſwading to the contrary to obſtruct the Work; we do therefore require you, that you carefully enquire in your Presbyteries what Miniſters doth Preach, or otherwiſe perſwade, contrary to our preſent Publick and publiſhed Reſolutions, and that you proceed to cenſure ſuch as are in your own number, and if any Miniſters that travell among you, tranſgreſſe in that kind, let them not be permitted to Preach in your bounds; here is no great tenderneſſe, that would not ſpare ſo much as theſe gracious Miniſters of Ireland, who were driven from their ſtations, and forced to retire to this Land, and ſome other faithfull men among our ſelves, who were alſo neceſſitate to retire from their charges at that time; theſe were the travellers who could not be permitted to Preach, ſundry of them being then Preaching in vacant Congregations in the Weſt, and ſome in Fife, neither was the Commiſsion ſatisfied with theſe things, but did alſo ſtir up the Civill Magiſtrate againſt them, as afterwards ſhall be made to appear from their own Warning and Remonſtances. 3. conſider the thing in it ſelf; is it tender dealing to be taken out of the hands of a Presbytery, and to be brought before the higheſt and moſt publick Judicatory of the Church; the Apoſtle layes weight upon being reboked by many. Next, as the Author tells us that the end of the Commiſsions Act and Letter, was tenderneſſe to ſome men, ſo alſo he tels us that there was not one word more or leſſe in them for pre-limiting the elections: But what though the words be in them, yet if they do infer the thing by good and neceſſary conſequence, is not the matter there? It is not much to the purpoſe, that ſundry unſatisfied with the Publick Reſolutions who were not within the compaſſe of that order for citation, and alſo ſome who were conſtant continuing oppoſers, were choſen Commiſſioners to the Aſſembly, becauſe ſome ſuch were choſen in Presbyteries, which were wholly oppoſite to the Publick Reſolutions, and ſome in Presbyteries where the greater part were oppoſite, yet not without diſſents or Proteſtations, or double elections. The Author doth not well to ſay, that no mans Commiſsion was excepted againſt, becauſe of the Publick Reſolutions; I told him before that the Commiſſion of the Presbytery of Dunkell was excepted againſt upon that accompt, and that the Commiſſion of the firſt election in Glaſgow was not onelyonly upon that accompt excepted againſt; but after long and ſerious debate untill the Commiſſions Proceedings ſhould be firſt tryed, which not only refuteth what the Author ſaith, but doth alſo prove another thing, which all along he ſeems to deny, to wit, that the Letter and Act of the Commiſsion concerning citation, did import theſe mens being excluded from being Commiſsioners to the Aſſembly, otherwiſe let them render a reaſon, why the objecting againſt them, upon the Letter and Act to cite them, ſhould have enforced the laying of them aſide, untill the Commiſsions Proceedings ſhould be firſt tryed, if the Aſſembly had taken it for granted, that it did not import this, they could not have admitted this as a reaſon to exclude them for an houre; That ſundry moſt eminent oppoſers were admitted to be members without any quarrelling, and to be Moderators and Clerks of Committees, the Writer gave the reaſon of it to be Policy, and I ſhal take in conſideration in its own place what the Author anſwereth thereunto: But ſuppoſe all this to be true, will this make a free Aſſembly, or Vindicate the elections from pre-limitation? The pre-limitation which is now in queſtion is, that of the elections in Presbyteries, which would ſtil have been a pre-limitation of the Aſſembly, as to its conſtituent members, though the Aſſembly had condemned it, much more was it ſo when they did approve and allow of it; but of the ground of this miſtake I ſpake before.
VINDICATION.
TO the two latter particulars ſomething may ſeem to be ſaid in that latter Paper; to the former that which is upon the ſecond branch of the third Objection, though every citation doth not exclude a man from being choſen a Commiſſioner, or ſitting as a member in a Generall Aſſembly, yet we think it will not be denyed that a citation in matter of ſcandall, in doctrine or manners, will or ought to exclude a man from being a Commiſsioner, or ſitting as a member in an Aſſembly, and ſuch was the citation appointed by the late Commiſſioners, viz. in matter of ſcandall more then ordinary (in the judgement of the Commiſsion) both in Doctrine and manners; Beſides, it is unqueſtionable that all citations do exclude men from being judges in the matter for which they are cited, therefore though they might have ſitten in the Aſſembly as judges in other matters, yet not in this; Therefore it followeth, that as to this particular which was the main, if not all to be handled, the Aſſembly was prelimited. Anſwer 1. To the latter part of this reply, I profeſs not much skill in the matter of legall exceptions, and conſtitution of Judicatories: but ſo far as common ſenſe and reaſon can lead me. It ſeems to me a ſtrange aſsertion that ſome few perſons having oppoſed themſelves to a courſe taken by a Judicatory, intruſted with the Publick affairs of the Kirk conſiſting of men to that time judged faithfull, and ſtill profeſsing faithfulneſs therein, as in the ſight of God, and accuſing this Judicatory for that courſe they have taken, as guilty of defection, and deſtroyers of the Cauſe of Religion, if I ſay, theſe few men being cited to be tryed by a Generall Aſsembly, and conſequently excluded from judging in that particular matter which is in controverſie; the Aſſembly is in this to be judged pre-limited in that matter, although there be beſides theſe excluded a competent number of members lawfully authorized: (For ſuch we may ſuppoſe all the reſt, to be for any thing that is ſaid in this particular that we are upon the anſwer of) to make up a competent Judicatory, to cognoſce, and judge upon the matter in controverſie, according to the rule of Gods Word, and the Conſtitutions of the Kirk, which they are bound by their Commiſsions and oaths to judge by; I deſire no proof of this, for it is principall clear and evident, exterminis, and the Writers aſsertion is no warr and to receive it for an unqueſtionable truth; I doubt not, but if the Writer ſhall aſsay to prove this, that he ſhall fall upon that ſame exception which the Remonſtrants made againſt the Synod of Dort, that the moſt part of the Synod were their adverſe party; having declared their judgement contrary to their doctrine; which was rejected as a null exception by all Orthodox Divines in that Synod.