The Nullity of the Pretended Assembly at St Andrews and Dundee, Treatise 2 · Review 34
REVIEW.
THe Author uſhers in and cloſes his Anſwer to this reaſon with a great deal of wondering, and many exclamations againſt the want of ingenuity and conſcience in the Proteſters, becauſe of alleadging this reaſon againſt the freedome and lawfulneſſe of the Aſſembly; and he is ſo confident as to think, when his Anſwers are conſidered, not onelyonly will his Readers be of one minde with him in this, but that the Proteſters themſelves will bluſh that they have proponed it: We have a proverb, That great words flyeth bairns; and ſo we may alſo ſay, Great words perſwades women and children, but men of reaſon and underſtanding will ponder what is ſaid. Albeit the Proteſters did not lay all, nor moſt of the weight of their Proteſtation againſt the Aſſembly upon this, yet they did ingenuouſly and conſcientiouſly conceive, that there was weight in it, and do think ſo ſtill, notwithſtanding of all the Authors great words: I wiſh he had taken the Propoſitions of the Arguments as they lay, and anſwered them ſeverally and diſtinctly; he doth not (ſo far as my weak decerning can reach) tell us his mind plainly and directly, either of the firſt or ſecond Propoſition of the Argument, but ſpeaks directly onelyonly to theſe things that are brought by the Writer, for confirmation of the ſecond Propoſition; and to that part of the firſt Propoſition that relates to freedome of receſſe; I ſhall firſt ſpeak a little to the firſt Propoſition of the Argument, and then to the application of it. The medium is none of the Proteſters inventing, but hath been generally received and made uſe of by Divines, to prove the unfreedome of Councels where there was truth in it; as to the matter of fact, as appears firſt from the learned Review of the Councell of Trent, in which this Argument is cleared and confirmed at large. Secondly, In the Book intituled Adverſus Synodi Tridentini reſtitutionem ſeu continuationem a Pio Quarto Pontifice indictam oppoſita gravamina quibus cauſae neceſſariae & graviſsimae exponuntur, quare ea Electoribus caeteriſ que Imperii Principibus & Ordinibus Auguſtanae Confeſsionis neque agnoſcenda neque a…eunda fuerit. Which Book I do the rather cite, becauſe it doth contain the joynt judgment of many choiſe and famous Divines and Lawyers of that time. Whoſo ſhall be pleaſed to look either upon the Review of the Councell of Trent, or upon theſe gravamina, as they are cleared and confirmed by theſe Divines and Lawyers, ſhall find this Argument cleared and confirmed at large, and ſo much ſaid of it, as would be tedious to tranſcribe. Thirdly, the Divines of Breme in the Councell of Dort anſwering to the Proteſtation of the Remonſtrance, think it not enough to ſay, nullae hic vel inſidiae ſtruuntur, vel ullum periculum intenditur; but alſo adds, Quinimo ſecuritas publica omnibus ad acceſſum commorationem & receſsum proſtatur. As to the Aſſumption, I ſhall onelyonly adde to what is ſaid in the Proteſtation and the other Paper for verify…ng of it; That ſeverall Presbyteries, becauſe of the tumults of theſe times, could not meet within their own bounds to chooſe Commiſsioners, but made their Elections in places far remote, as theſe of the Presbyteries of Edinburgh and Hadingtoun. Secondly, That many Miniſters thought it not ſafe to ſtay with their own flocks, and therefore retired Northwards, ſome to one place, ſome to another. Thirdly, None could at that time travell ſafely on the South-ſide of Forth without a Paſs from the Engliſh, which was not eaſie to be purchaſed, and could not be taken without ſuſpicion; and therefore though ſundry did hazard to ſteal through, yet ſome were taken priſoners and ſent back, as ſundry Miniſters in the Presbyterie of Lithgow. 4. To ſay nothing of theſe many reproches that were caſt upon, & many threatnings that were uſed againſt ſundry of the oppoſers of Publick Reſolutions, by the Souldiours in their journey to St. Andrews, and in the place, and in their returning from it, all of them were before that time declared Enemies both to Church and Kingdome, and Laws made by the Parliament, and Acts iſſued by the Commiſſion to proceed againſt them with puniſhments and cenſures; and doth not the Author in this his Vindication tell us, that therefore the Clerks Papers which he ſent to the Aſſembly, were not read, leaſt they ſhould have inferred hazard and danger to him; if then he had been there perſonally, and ſpoken the ſame things in the Aſſembly that he wrote unto it, which no doubt if he had been preſent, he would have thought himſelf bound in Conſcience to do, he could not have done it with ſafety, and yet theſe were things relating to the Publick Reſolutions. All theſe things being put together, do make it to appear, that acceſſe to the Aſſembly wes not ſafe, but full of hazard and danger. But I come to the Author his Anſwers, and in order thereto, deſire it to be conſidered: Firſt, That as the want of integrant parts ſometimes may be ſo great, that it doth deſtroy the very being of the body; ſo, when a conſiderable number of integrant parts are wanting, it renders the body weak in its functions and operations, and drawes along with it many other inconveniences. I doubt not but the Author will grant, that the number of Commiſſioners coming to an Aſſembly, may be ſo few, that they cannot make a lawfull and free Aſſembly; as upon the other ſide I ſhall willingly yeeld, that it is not every want of Members conſtituent, that makes an unfree or unlawful Aſſembly, if either the one or the other ſhould be denied: As two or three Commiſſioners might make an Aſſembly, ſo the want of two or three might unmake it. I think he will alſo grant that when many Commiſſioners are abſent, eſpecially not negligently, but upon relevant cauſes that it is not fit to adjourn it till another time, then to proceed to conſtitute themſelves or act as an Aſſembly. So our VVorthy Reformers adjourned the Aſſembly 1568. from Decemb. 25. to Feb. 25. becauſe many were abſent by reaſon of the troubles of the time: and upon the ſame ground the Aſſembly 1569. was adjourned from February to March, from Sterling to Edenburgh. And if the Meeting at S. Andrews had been pleaſed to read and condeſcend unto the Supplication that was offered to them under the Hands of many Brethren for an adjournment before their Conſtitution, there had been no cauſe for theſe Debates. 2. It ſeems to be yeelded by the Author, that wher it can be demonſtrated that a good many Commiſſioners are abſent, for want of timous advertiſment, concerning the time and place of the Aſsembly, there is cauſe upon that ground to except againſt the Aſſembly, as not free and lawful. And the Aſſembly at Glaſgow did put it above queſtion for anulling the pretended Aſsemb. at Lithgo 1606 & that at Aberdeen 1616. And is it not equivalent to this, if by reaſon of external force Presbyteries after advertiſment given unto them cannot meet and chooſ their Commiſſioners, or if thoſe who are choſen cannot come becauſe of force keeping them back, VVhat is the cauſe why undue advertiſment of many Presbyteries and Bu…ges makes a nul Aſsembly? Is it not becauſe many of theſe who are in a capacity to ſend Commiſſioners, are by an invincible impediment kept back from doing of it; and hath not this alſo place in the other caſe? If Presbyteries neglect to chuſe Commiſſioners, or if they being choſen ſhall neglect to come, that alters the caſe and puts the fault wholly upon them who neglect their duty, but if they be k…pt back by violence from without …t is equal to their not being advertiſed at all, or their not being timouſly advertiſed; or if they cannot chuſe, or being choſen cannot come, to what purpoſe is the advertiſment, or how can it put them in a worſe caſe then if they had not been advertiſed, or not timouſly advertiſed. Though the Presbyteries of Orknay and Caithneſs be deduced, and others too which are wanting and have no Commiſſioners to ſend: yet if the Author ſhal be pleaſed to conſult the Rolls of the Aſſembly, it haply may be ſtill found that nine or ten Presbyteries were abſent, and thirty Burroughs if not above: for theſe of Hamelton who came afterwards to the place where the Aſſembly was ſiting, and would not come forward, as they came thither with hazard and difficulty, ſo did they not think it a duty to come forward, being convinced of the nullity of the Aſſembly, which made them ſend their teſtimony againſt it; It is true that Commiſsioners came to the Aſſembly, betwixt whom and the place of the Aſſembly the Armies were interjacent, and from ſeverall parts beſouth Forth; but it is as true, that ſome comming from theſe places were taken priſoners, and that others offered not to come from home as being hopeleſſe to paſſe thorough the danger, bring ſo apparent and reall, which it ſeems the Author hath been ſomewhat convinced of, when he ſpeaks ſo mincingly as to ſay that it might have ſeemed to have proceeded of negligence, rather then of any neceſſity: He tels us that Commiſſioners came not from Burghes, and yet Miniſters came from the ſame Burghs, but that proves not that there was free acceſſe to the Commiſſioners of Burghs who ſtayed away; to ſay nothing that there was few Burghs whoſe Commiſſioners were abſent, whoſe Miniſters were Commiſsioners and came to the Aſſembly; I know not any Aſſembly ſo impeded and indangered in Ja. Grahams time; there was no Aſſembly that ſate from the time of his invading the Land by the Iriſhes till the time of his defeat except one, and that ſate in Jan. at which time he was not reigning or raging thorough much of the Country, but was forced to keep himſelf in the Highlands, and in the places of the Country leſſe inhabited, whence few Commiſsioners were come: If the Author prove it, by bringing forth the Rolls ot both Aſſemblies, that as many were abſent from that Aſſembly if not more, then it ſhall appear that he had juſt cauſe ſo to aſſert; but until that time he will give us leave to ſuſpend our aſſent to the truth of this. He will ſtil have the Proteſters to be unfriends to former Aſſemblies, and to be teachers of Malignants how to caſt them as null upon grounds of Conſcience; but the Proteſters do diſclaim them for Scollers, and ſo do they the Proteſters for maſters or teachers; and as there is nothing taught by the Proteſters that can give them any juſt ground upon which to quarrell or caſt the cenſures of that Aſſembly, ſo were it ſuperfluous for them now to be at the pains to learn it, ſeeing the Authors and abbettors of the Publick Reſolutions hath eaſed them of the pain of this cenſure already, albeit the Rolls of this Aſſembly were more numerous then the Roll of ſome unqueſtionable Aſſemblies that would not much help him, becauſe abſents from this Aſſembly in many was not voluntary, but by want of free acceſſe, but ſo doth it not appear to have been in other Aſſemblies, and whatever the Author talks of the Roll of this Aſſembly; yet I believe before they come to the ratifying of the Publick Reſolutions which was their great buſineſſe, they were but a thin Meeting, many of their number having left them, ſome out of diſcontent and diſſatisfaction with their proceedings, and others fearing to be ſurprized by parties of the Engliſh: As to the Aſſembly at Aberdeen, in which there was but twenty perſons preſent which notwithſtanding is owned by the Church of Scotland as a free and lawfull Generall Aſſembly; it is ſo owned as that theſe who met being lawfully Commiſsionated from their Presbyteries, and having met at the time and place appointed for holding the Aſſembly, are accounted ſufficient to adjourn the Aſſembly, and to preſerve and Vindicate the Liberties of the Church againſt the encroachments that then were made upon them by the King and his Commiſsioners: So I believe the Author will not ſay that theſe twenty could have proceeded to make Acts of Generall concernment to the whole Church of Scotland, or that if they had ſo done, theſe acts would have been authoritative & binding. What the Writer ſpeaks of want of freedome, in regard of receſſe is not upon any emergent after the down-ſitting or cloſe of the Aſſembly, but uppon cauſes known at the time when the Commiſsioners ſhould have come from home, and therefore he doth not urge it as a relevant Argument apart by it ſelf, but joynes it with the want of freedome of acceſſe, and it is very agreeable to common ſenſe for men to think that Aſſembly not free, to which there is no freedome in comming to exoner their Conſciences; nor any freedom in going after they have done it. He juſtifies the confinement of the Miniſters of Sterline. In this particular at Sterline 1. He challengeth the Writers paſsing in ſilence, theſe Miniſters Proteſting againſt the Aſſembly, but though the Author think this wiſdome yet I hardly believe that the Writer did it upon deliberation, the thing being ſo manifeſtly known, there was no need to mention it; The Author asks the queſtion, whether the King might not have confined theſe men, without any imputation to the freedome of the Aſſembly, untill he had been informed upon what ground they came away ſo untimeouſly. It ſeems that as the caſe was circumſtantiat, it could not well be done without an imputation of the freedome of the Aſſembly; may the King and Committee confine every one who comes away untimeouſly, untill they be informed upon what ground they come away, illud poſsumus quod Jure poſſumus: But where is there ſuch law, for cenſuring theſe by confinement that come away untimeouſly from the Aſſembly; but it ſeems they were informed of the cauſe of their comming away, otherwiſe his inſtance of the Commiſsioners of the Eſtates at the Aſſembly of Dort, their confining of the Remonſtrants, and charging them to bide within the City till they ſhould anſwer to the Aſſembly, after they had Proteſted againſt, and declined the ſame, will not make much to the purpoſe to juſtifie the confinement at Sterline, becauſe that at Dort was not but upon certain knowledge and information of the fact, and if the King or Committee did know that theſe Miniſters had Proteſted, how doth the Author inſinuate that it was done untill they ſhould learn upon what ground theſe Miniſters came away, or whence had they their information, he tels us the truth is this: Upon the Proteſters deſerting the Aſſembly, and going thorough the Army towards the Weſt, the report was, that they had made a br…l in the Aſſembly, and were come to trouble the Army, and hinder the Leavy in theſe places whether they were going: But to ſay nothing that he either wiſely or careleſly paſſes over this, that they were going to their own homes, they having their charges and ſtations in the Weſt: will he be anſwerable to his Readers, that what he hath told in this is truth, and nackedly told; I doubt he can, and that it be but a deviſed fancy, the very tearmes whereof ſeems to diſcover he vanity of it, and that he had told more of the truth, if he had ſaid the information came from the place where the Aſſembly ſate, and from perſons who had an overſweying hand in it; I ſhal not contradict in what he ſaith: That ſo ſoon as the Aſſembly heard of this they diſpatched to the King, who preſently ſent them to their own homes, excepting that they had required ſuch of them as had deſerted the Aſſembly to return to it, and anſwer for themſelves; which yet he cannot ſay was certainly done, till he may inform himſelf about it; I wil tell him ſomewhat in this particular that was certainly done, that I doubt he will be able to Vindicate from being ſome imputation upon the freedome of the Aſſembly, to wit, that whileſt theſe Miniſters were thus confined at Sterline, the Aſſemb. did cite ſeveral of them to compear before them at Dundee, and that notwithſtanding that their confinment was not taken off, til the very day of their appearance; and that there was 40. miles diſtance between the place of their confinement, and the place where the Aſſembly ſate; yet that ſame day did the Aſſembly, to whom (by the Authors own confeſsion) their confinement was known, proceed againſt them, and ſentence them, ſome with depoſition, and others with ſuſpenſion from their Miniſtery; he may remember that they were cited to the … day of … being Tueſday; the ſame day did the King and his Army depart from Sterline, and not till a litle before his departure did he take off that confinement as can be teſtified by many witneſſes; as to the Authors inſtance of the Commiſsioners of the Eſtates confining the Remonſtrants at Dort, it doth not meet with the preſent caſe. Firſt, becauſe to ſay nothing that the Remonſtrants of Dort had Proteſted againſt, and declined a lawfull Aſſembly, which the Proteſters at St. Andrews had not done; neither yet to ſay any thing, that I can finde no ſuch confinement in charge as the Author ſpeaks of, put upon the Remonſtrants in the Printed Records of that Synod; theſe Commiſſioners had certain knowledge and information of the matter of fact, but ſo had not the King and Committee of Eſtates. Secondly, becauſe the Proteſtation and declinature at Dort was now judged, and found ir-relevant, and the Commiſsioners themſelves being preſent, but not ſo in the other.
VINDICATION.
THe third Reaſon according to the order of the Proteſtation, and ſecondly in the order of the late Paper is this in ſumme: that the late Aſsembly cannot be counted a free lawfull Generall Aſsembly; becauſe relevant exceptions being timeouſly proponed and offered to be inſtructed and verified againſt many of the members thereof; viz. Such of the late Commiſſion as had hand in the Publick Reſolutions, that they ſhould not be permitted to ſit and Vote in the Aſsembly, as being under a ſcandall, and guilty of promoting a courſe of defection, and untill ſuch time as they ſhould be tryed, yet it was refuſed to take any ſuch exceptions into conſideration, until they ſhould be tryed and diſcuſsed. For clearing & confirming this argument, the Writer undertaks upon him to ſhow 2. things: 1. That it was a thing incumbent in duty to the Aſsembly to have removed from their Meeting all perſons under ſcandall (though ſome being known to them) untill they were purged thereof. 2. That the perſons objected againſt were under ſuch ſcandal as is alleadged, for the former he alleadgeth firſt: That it is without controverſie, and next he brings four things for the proof of it. 1. The light of nature, and the Word of God, but names not one paſſage of it. 2. Some clauſes of both Covenants, the deſires of the Commiſſion 48 & of the ſolemn engagment that ſame year, & all the Remonſtrances for purging of the Armies and Judicatories, even the late Papers given by this ſame Commiſſion to the Parliament at Sterline, about the Act of Claſſes, for removing of ſcandalous perſons from being members of the Judicatories (It is good that the Writer yet even in this heat againſt the Commiſsion finds ſomething right in their Papers, but he tels not all the truth that he might have done here, in their Papers they held forth not onelyonly ſcandalous, but poſitively all ſuch as were not qualified ſhould be debarred from being members of Judicatories. 3. A rule and order ſet down in the Aſſembly 1562. to be found alſo in the Aſſembly 1575. 1580. 1581. and exactly keeped for above 20. Aſſemblies, and 20. years to order; viz. at the entry of every Aſſembly: The firſt work is to be about purging the members thereof, and other men appointed be charged to declare their conſciences, touching their Doctrine and life, and execution of their Office, if therein they be ſcandalous, and it is appointed, that any to whoſe charge any thing is ſaid ought to be removed out of the Aſſembly, untill his cau…e be tryed, and if he be convict he can have no vote untill the Kirk find ſatisfaction. 4. That all the Aſſemblies ſince the late Reformation began 38. have upon the objection of ſcandal againſt any of the members in the time of the conſtitution of the Meeeing, removed theſe members untill it was tryed and diſcuſſed; yet in this ſam… Meeting at St. Andrews upon the objection that the ſcandal of Blaketers, and others acceſſions to the unlawful engagement was not ſufficiently purged by notification and approbation of their repentante in the Aſſembly, they were removed from being members, and the Writer magno h…atu bids any man in the world bring a reaſon why ſome upon ſuch exceptions have been removed, and others againſt whom were as relevant exceptions admitted; for the other particular that the perſons objected againſt were under a ſcandall of carrying on a c…urſe of defection, he ſaith that it is manifeſt, not onelyonly from common report, the firſt whereof is made Deut, 13.12. A ground of ſearch, and the other a ground of proceeding againſt the inceſtuous perſon: 1 Cor. 5. we may ſee by this what doom the late Commiſsioners likely might have gotten, had the Writer of this Paper been judge, excommunication ſummary from this Church, and deſtruction by the ſword from the Civill Magiſtrate, ſuch conſidering the crime he charges on them, and the place cited is not only hinted at (but bleſſed be GOD that ſo illwilled a Cow had ſo ſhort hornes) But alſo from thoſe four. 1. The ſtumbling and ſad complaints of the godly againſt their Proceedings. 2. The teſtimonies and Letters of many Presbyteteries bearing their ſtumbling and disſatisfaction with the ſame. 3, The clear ſtanding Acts, Remonſtrances and Declarations of former Aſſemblies, unto which theſe were diametrally oppoſite. 4. The teſtimony of ſundry Brethren in the Aſſembly offering to prove it.