The Nullity of the Pretended Assembly at St Andrews and Dundee, Treatise 2 · Review 40
REVIEW.
THe Author doth handſomely wave many things in the Writers Paper that are of importance, and I think his Readers will do him no wrong to take for granted in that Paper, what he doth not anſwer nor contradict: What is there ſet down clearly and at large by the writer out of the Acts of the Gen. Aſſembly, he turns off with a few words. 1. He tels us it had been good that the writer had ſet down the very Acts which are cited in their full and formall words (becauſe every one are not keepers of the Regiſters, nor have not Coppies of them beſide them) that it might have been ſeen whether they mean that all perſons againſt whom any ſcandall is alleadged, ſhould be removed even before the Aſſembly be Conſtitute into a Judicatory: To which I Reply, that theſe Acts even in the full and formall words thereof were offered unto him & others at the Meeting at S. Andrews under the Clerks hand, and they would not do ſo much as daigne themſelves to hear them, or to read them, or to collation them with the Principle Regiſters which they then had in their power, but are now delivered into the hands of the Engliſh, or diſperſed, I know not whether. But are not the citations for the matter clear and home to the point? If the Author think there is wrong done in any of them; I believe if he will call to the Clerk of the Aſſembly, he may yet find the means to get him the double of the very words of the Acts aſſerted under his hand; It is true that every one is not a keeper of the Regiſters, nor hath Copies of them beſides us: But ſhall they not therefore be truſted who are keepers of them? or have Copies; It had been belike good for the Church of Scotland, that the Author & ſome others who have been ſo actively inſtrumental for the Publick Reſolutions had been keepers of the Regi…ters, or ha… had Copies of them beſide them, then haply knowing theſe things more perfectly they ſhould not have walked ſo croſſe therto in their late Proceedings, nor have queſtioned them when they are cited. It is certainly a thing blame worthy in not a few Miniſters of the Kirk of Scotland, that they are too great ſtrange…s to the Acts of Aſſemblies of the Kirk, which is a fault ſo much the greater, becauſe there was no lack of opportunities theſe 14. years to have acquainted themſelves therewith, and to have had Copies of them beſides them: The Acts are vailed with no ſuch miſt as the Author would caſt upon them, either in the firſt particular which he mentions, whether they mean all perſons againſt whom any ſcandall is alleadged ſhould be removed even before the Aſſembly be conſtitute; or in the ſecond, that it cannot be meaned by them that alleadgance of ſcandals againſt perſons ſhould be cauſe to remove, unleſſe the ſcandall were clear and unqueſtionable, for the point de jure, they ſpeak clear & home, that at the entry of every Aſſembly their firſt work ſhal be the trying and purging of all their Members, and men are appointed to be charged in Gods behalf to declare their Conſcience tonthing their Doctrine, life and execution of then Officers, if therein they be ſcandalous; and that any to whoſe charge any thing is laid ought to be removed out of the Aſſembly, ti…l this cauſe be tryed, and that if he be convict, he may have no voice untill the Kirk receive ſatisfaction. Here is no diſtinction of queſtionable hypotheſis, nor allowance to him to ſit before the tryall of his cauſe, but when any other of the Commiſſioners to the Aſſembly charges him with any thing, in his Doctrine, life, or execution of his Office, he is to be removed till it be tryed: But ſaith the Author, it is not clear that this is to be done before the Aſſembly be conſtitute into a Judicatory, which was the thing pretended by the Proteſters, and becauſe not done, was the cauſe of this quarrell. This is clear that they are to be removed immediatly after they are charged with any thing, untill they be tryed, which was the thing refuſed by the Aſſembly) and therefore if the objection be moved before the conſtitution, they are to remove before the conſtitution of the Aſſembly. 2. It is clear that this is appointed to be their firſt work, at the entry of every Aſſembly, and if any would ſay, That the Aſſembly muſt firſt enter by being conſtitute, I give theſe two things for clearing, that it is meaned before the conſtitution: Firſt, becauſe this Act and practice which concerns the purging of the Aſſembly from ſcandalous perſons is previous in time to the Act and practice of chooſing a Moderator, as will be obvious to any who looks upon the Records: 2. Becauſe it hath been the conſtant practice in all the Aſſemblies of this Kirk from the very firſt Reformation, to propone exceptions of ſcandall, and to remove perſons upon proponing thereof, before the choice of a Moderator, as alſo obvious in the mind…s almoſt of every Aſſembly, and cannot but be known to the Author, and all ſuch as have been frequenting our Aſſemblies, and obſerving the order thereof, and therefore the Author doth but ſeek out inventions to darken clear and manifeſt truths: To the anſwer which he brings to the grounds of proof brought by the Writer, as to the matter of ſcandall, I return theſe replyes: That by granting that the hearing of a common report may be a ground of enquiry, if he deal candidly therein, according to the meaning of the place cited by the Author, Deut. 13.14. It muſt be of diligent enquiry, for ſo it is expreſſed there, Chapter 17. v. 4. and 19.18. which imports that it ſhould be an enquiry without delay, but this was refuſed about the preſent caſe in queſtion, and notwithſtanding of this common report, and objecting the ſcandall thereof in the Aſſembly, the enquiry was delayed untill the Aſſembly was conſtitute, and no more diligence was uſed in it, then if there had been no ſuch report at all; he doth injury to the Writer, by labouring to bear upon him, and upon others, that he is of that minde, that the Commiſſion upon that common report which he alleadges to have been paſſing upon them, ſhould have been without more adoe ſentenced to cenſure. The utmoſt that the Writer all along hath pleaded in this hath been, that the Commiſſioners ought to have been removed till their carriage were tryed: But two grounds he layes to prove this to have been the Writers minde: 1. That the Proceeding ordered, 1 Cor. 5. 5. was in order to preſent cenſure, 2. That he alleadgeth the Apoſtles words ſo generall, without any qualification, I ſhall not ſtand upon the firſt, but the Writer not being upon the handling of that point, what common report, or how qualified, was needfull to be a ground of ſentence, but onelyonly ſhewing that ſometimes common report may be ſo; he thought it enough to cite the Apoſtles words without qualifying of them, and if the Author will make this a ground of challenge againſt the Writer, he may make it againſt the Apoſtle himſelf, for he ſets down the words generally, without any ſuch qualification, and the Writer doth not extend them to any other caſe then that of which the Apoſtle is treating: He only ſaith that common report is made a ground of proceeding againſt the inceſtuous Corinthian, without making any application of it to the Commiſſions caſe, or ſaying that it ſhould alſo be a ground of proceeding againſt them; if it be asked to what purpoſe then it was cited, the anſwer is very obvious and clear from the whole drift of the Writers diſcourſe, which is to ſhew that the perſons objected againſt, were under a ſcandall, and this he doth: 1. By ſhewing that there was a hear-ſay and common report of it, upon which the Scriptures layes ſo much weight, as ſometimes to make it a ground of tryall: As Deut. 13. Sometimes a ground of proceeding, as 1 Cor. 5. It is true that the Scriptures doth not make every hear-ſay and common report a ground to accompt men under a ſcandall, or to proceed againſt them, otherwiſe honeſt men indeed might be in an ill condition, but the qualification of theſe things are to be drawn from the circumſtances of the facts whereunto they are applyed, and of theſe we have ſpoken in the fact of the Commiſſioners, and therefore the Author in this particular doth but trouble himſelf and others without cauſe, yet muſt I ſay, that though for any thing I know or can be collected from the writers words, the utmoſt that he pleads for being a delay of their admiſſion to be members of the Aſſembly, which could not be accompted a ſentence againſt them, more than againſt others, who were delayed upon exceptions to be admitted, that his meaning was not, That the common report that paſt upon the Commiſſioners, was ſufficient to be a ground of preſent ſentence againſt them, yet when the Author hath ſtreached himſelf to the utmoſt, h… ha…h proven no good advocate for the Commiſſioners to exeem them from preſent cenſures: He tels us that a common report that may be a ground of ſo ſhort and ſummary proceeding, muſt be ſuch as firſt is of a matter that …n point de jure is clea…y and unqueſtionably a ſcandall. 2. For the fact in a manner univerſal…y uncontrolled, e…her by the p…ty, or any that hath beſt or neareſt notice of his actions; in the preſent caſe (ſaith he) both …heſe caſes were wanting, the matter was not clear de jure in the main queſtion of it, its report was not ſo common as the contradiction of it; But I ſay, the matter was clear de jure in the main queſtion of it determined verbatim in former Acts of Aſſemblies; and the fact was not at all controverted or controlled by any, but taken with both by the party, and known and acknowledged by theſe that had beſt and neareſt notice of their actions: The quality of the fact might be controverted, whether right or wrong, which is a point belonging to the jus of it, but the fact it ſelf was not contradicted, either by the Commiſſioners, or any other, and his omnino auditur; and paſsim & in tota achaia &c. and res manifeſta paſsim cum magno offenaiculo publicata, as to the matter of fact was true of that which the Commiſſione…s had done; the offence and ſtumbling of the godly was not cauſeleſs & born upon them by the miſ-information and miſ-repreſentation of the Commiſſioners proceedings, by ſome of the ſame perſons who are the alleadgers; the Author there doth a double wrong to the godly in Scotland: 1. That he makes them to have ſtumbled without a cauſe, whereas there was very reall cauſes of ſtumbling given unto them, both in regard of that which was done, and for the maner of doing. That which was done was, employing of the whole Body of the Land promiſcuouſly (a very few perſons being excepted) amongſt whom were many Malignant and diſ-affected men, who had been formerly excluded, and with whom the Lords people in the Land had learned from the Word of God, and from the conſtant tenour of the doctrine of all the faithfull Miniſters of this Church, to keep a diſtance as to imploying them in the defence of the Cauſe and Kingdom; As this was a main occaſion of contriving the League and Covenant, ſo is there a ſpeciall Article therein relating thereto; the breach whereof was one of the ſpeciall and main ſins confeſt in the Solemn acknowledgment of …, and the contrary duty, one of the main things to which we engage our ſelvs in our ſolemn Engagement. It is true, that the Commiſsion having done this, & finding many to ſtumble, did afterwards finde out ſome evaſions and diſtinctions to ſave their own credit: but the contradiction between their reſolutions and former principles & proceedings, was primâ fronte ſo palpable and obvious, that men of all ſorts, both well-affected and ill-affected, did ſee it ſo, as the one did rejoyce, and the other mourn; the Godly did not more ſtumble then the Malignant and prophane were glad, and both the one and the other as to the generality of them, did then, and do at this day agree in this, That the publick Reſolutions are not agreeable to former principles and proceedings. There was cauſe of ſtumbling given alſo to the Godly in regard of the Commiſſioners their maner of proceeding, becauſe a Quorum very few moe of the Commiſſion did lay the foundation of theſe reſolutions, not only without the reſt of their number, but alſo without advertiſing a great many of them: And ſo many being abſent and not advertiſed, they did in a day or two determine that moſt grave caſe, which had often before that time been determined in the negative, and ſent abroad their Determinations to Presbyteries, requiring obedience, and upon mens offering the grounds of their diſ-ſatisfaction, and profeſsing their adherence thereto, till ſatisfaction ſhould be given, did iſſue ſuch Warnings and Acts as we have formerly ſpoken of. I appeal the Author himſelf, whether at the time of the giving of the Anſwer to the Quaere, it was not known to the Commiſsion, that many godly and faithfull Miniſters and Profeſſors in the Land, were averſe from employing theſe men in the Army, and had great ſcruples about it; and that many Members of the Commiſſion, who were not to be deſpiſed, had often profeſt their diſlike of it; albeit the matter had been lawful, ſurely there was great precipitancy and raſhneſs in the firſt Reſolution, which is acknowledged by ſober men, even of the ſame judgment; but ſuch was the zeal and forwardneſs of the Court, and of ſome Parliament men on the one hand, and the readineſs of ſundry of the Commiſſion (who had before that time declared themſelves for that way) on the other hand to hearken unto them, and the faintneſs of any that were preſent to oppoſe it, that hold was taken of the opportunity to do it quovis modo, whereby real offence was given to the godly in the Land; Si quid importuna levitate, aut laſcivia, aut temeritate non ordine nec ſuo loco facias quo imperiti imbecilles que offendantur, ſcandalum abs te datum dicetur, quoniam tua culpa factum fuit; ut ejuſmodi offenſio ſuſcitaretur, ac omnino ſcandalum in re aliqua datum dicitur cujus culpa ab Autore rei ipſus profecta eſt: are the words of a great Divine, ſpeaking of ſcandals very applicable to this caſe. Next he doth a wrong in making them ſo ignorant, ſimple and facile as in theſe things to be led away, with the miſ-repreſentations and miſ-informations of others: Many of the moſt judicious decerning Chriſtians in the Land were ſtumbled at the Commiſſions proceedings, upon the firſt hearing of them; & before the Proteſters did make either right or wrong Repreſentations of them: I will not ſay but they were confirmed in the diſlike of theſe proceedings, by conference with the Proteſters & other Miniſters of that judgment, as they alſo were mutually edified and confirmed by them, but that all the ſtumbling and diſlike did ariſe from the ſuggeſtions and practiſings of ſome or all of the ſame perſons, whom the Author calls the Alleadgers and Accuſers, is not true; yea, I dare ſay, that albeit all the Proteſters, and all the Miniſters in Scotland had been of one mind with the Commiſſion in the matter the Publick Reſolutions, yet many of the godly in Scotland would have ſtumbled thereat: It would have been in this caſe as in the buſineſs of the Treaty, wherwith many of the godly in Scotland were diſſatisfied, notwithſtanding that there ſeemed to be a harmony and conſent amongſt the Miniſtry there anent. That there were more Teſtimonies for the Commiſſioners from Presbeteries and Synods then were againſt them is no great wonder; multitudes commonly inclining to the worſt ſide in the day of tentation, and they being but few who keep their garments pure: yet did not the ſtrength of the Teſtimonies upon the one hand or on the other ly in the number of the Witneſses, but upon the truth and clearneſs of their Evidence: what was teſtified by the oppoſers of the Commiſſion was confirmed by clear Evidence from the conſtant Doctrine of this Church grounded upon the Word of God, and ſet down in the Covenant and Solemn Acknowledgment of Sins, and Engagement to Duties, and Publick Warnings, Declarations, Remonſtrances, &c. but not ſo much as a tittle of theſe for Evidence on the other ſide. It is acknowledged by the Author himſelf, That the Publick Reſolutions was a caſe not formerly determined by any Publick Judgement of this Kirk, and if ſo there could no evidence be brought from the Doctrine of this Church for clearing and confirming of theſe Reſolutions. The Author is pleaſed to call the Teſtimonies given againſt the Publick Reſolutions, really and in themſelves Scandals, tending moſt evidently to the expoſing of the Kingdom and of the Cauſe to the power of the Invaders: He was pleaſed a little above to call them Slanders, and ſo all the godly in Scotland who ſpeak againſt theſe Reſolutions are upon his accompt Slanderers. But theſe Teſtimonies, were neither Slanders, nor Scandals, they did contain real Truths, and were Duties to which the givers of them were obliged in a backſliding time for delivering of their own ſouls, and preſerving the Cauſe of God from being overborn with a ſpate of defection; and though in many things they acknowledge themſelves to be amongſt the moſt ſinful, yet in this they were ſo far from expoſing of the Kingdom & Cauſe to the power of the Invaders, that they hold themſelves bound to bleſs the Lord while they live who gave them mercy to be kept free from that carnal ſinful courſe that did provoke the Lord to give ſo great a ſtroak to the Kingdom and the Cauſe, in thoſe dreadful Rods wherewith he hath ſmitten us ſince theſe Reſolutions. What was the ſenſe that the Invaders themſelves had of this, I do not well know, but this it's like enough they rejoyced in our Diviſions: But it was not the oppoſing of the Publick Reſolutions wherein they did directly rejoyce: Nothing from us-ward would have been matter of ſo great terror to them, as to have ſeen us unanimous in ſeparating from, and oppoſing of all Malignant Intereſts: As it was upon the other hand, the matter of their confidence and joy, that their former quarrel ſeemed to be juſtified by the Publick Reſolutions, which did ſo much ſtrengthen and promove Malignant Intereſts, if we may beleeve their own Expreſſions and Letters, written from ſome of the Chief of them to the Higher Powers in England. He tels us, That for that cauſe ſome of the Teſtimonies were ſooner put into their hands, then communicated to the Commiſsioners; and they in thankfulneſs were very thankful, to cauſe print them. This is a crimination of no ſmal conſequence to the Name and Fame of theſe of whom the Author ſpeaks; and therfore if he had dealt candidly and ſpoken truth upon perſwaſion and evidence, he ſhould have told us of what Teſtimonies he meaned, and who it was that put them into their hands, that theſe men might have been noted & known. I doubt not but if he could have done it, he would have done it, ſeeing he ſpares not to put Imputations upon men by Name and Sirname, when he conceives himſelf to have any ground for it, and that it will bring any advantage to his cauſe. But whileſt he would fain render ſome of the oppoſers of the Publick Reſolutions, odious, and yet hath not ground upon which he can confidently do it: He ſpeaks ſo indefinitly ſome of the Teſtimonies were put &c. neither telling us what Teſtimonies, nor by whom they were put in their hands, that if he be challenged for it, he may have a ſhift to make his retreit. But I doubt that this way of defaming his neighbors will be found ſtraight before God. If I may conjecture of what Teſtimonies he ſpeaks, it ſeems to be the Letter of the Presbytery of Sterling, for that, ſo far as I know, was the only Teſtimony printed by the Engliſh; and if he mean of that, he ſpeaks untruly, when he ſaith, that it was ſooner put into their hands, then ſent unto the Commiſſioners; I can confidently aſſure him, and all others, that it was ſent unto the Commiſſioners, before any copy of it was given, or ſent to any who were not Members of the Presbytery; and I can as confidently ſay, That none of theſe had any hand directly or indirectly in conveying that Letter to the Engliſh: The man amongſt them who was moſt ſlandered hath given me warrant to ſay, (and I truſt that he will abide by it) That his conſcience doth bear him record, that he was inocent of that, as of all things of that kind; and that to this day he knows not how that Letter was put into their hands, unleſs it was by occaſion of intercepting the Copie thereof by the Engliſh, with Mr. Andrew Ker the Clerk of the Commiſſion; his Servant who was ſent over the Water to ſome of his friends unto Edinburgh from Perth immediately after that Meeting of the Commiſſion, to which the Letter of the Presbytery of Sterling was ſent. That the Engliſh did print theſe Teſtimonies is no great wonder: it is very like that they would print any thing that did hold forth our defection, and owning of the Malignant Intereſt. The Third Particular is in the Authors Judgment, a poor mans Argument: But poor men, through mercy, oft-times obtains more ſollid diſcoveries of Divine Truths in a day of tentation, then the Learned and the Rich do: Neither is it yet a begging of the principal Queſtion, becauſe what was offerred in this, was offered to be inſtructed out of the Regiſters; and they who made the offer were Members of the Aſſembly, who in conſcience and duty, and by the Acts of the Aſſembly which relate to the Conſtitution thereof (as we have already ſhown) were bound to declare their conſcience, touching others who were called to be Conſtituent Members thereof in their Doctrine, Life and execution of their Office; and for the point of that Intereſt it is the ſame thing that was objected by the Remonſtrants againſt the Anti-remonſtrants at the Synod of Dort; and by the Prelats in their Declinator 1638. To which we return no other Anſwer, but that of the Brittane Divines at Dort, Veritas communis Eccleſiae Theſaurus eſt, nec poteſt ullo pacto fieri peculium, ſingularum perſonarum, Dei & Eccleſiae Publica cauſa eſt non ſua cujuſ que quae in Synodis agitur. In the cloſe of this diſcourſe, as all along, he ſpeaks of theſe who moved this Exception, as of the Commiſſioners Accuſers, and cites that of Julian, Si accuſaſſe ſufficiat quis inocens erit. But that they weee not Accuſers, neither yet to be called ſo, I have already ſhewed. Why ſhould they be eſteemed, or called Accuſers more then others, propounding Exceptions againſt Conſtituent Members of the Aſſembly? neither was it ever deſired that the propounding of the Exception ſhould be taken for a verification of it; or to ſpeak in the Authors language, That the accuſing of them ſhould be the holding of them for guilty; but only that the Commiſſioners ſhould be removed from ſitting as Members in the Aſſembly, till the Exception were tried; and therfore that of Julian can have no place in this caſe.
VINDICATION.
IT is alleadged by the Writer, That the ſame Aſſembly at St. Andrews upon the like exception and objection, others were removed from ſitting as Members, as Blacketer and others, becauſe the ſcandal of their acceſſion to the unlawful Engagement was not ſufficiently purged, &c. and he would have any man in the world give a reaſon why theſe were excluded, and not others, againſt whom were as relevant, yea more revelant exception. Anſwer. I think any man in the world that hath common ſenſe informed of both Caſes may give a reaſon, and may perceive that the Writer hath been raſh when he hath wrote theſe words upon the like Exception and as relevant, yea more relevant Exception: For Blacketer and others: 1. Their ſcandal was cleer in the Law. 2. They had been convicted of the fact. yea, 3. They had been actually cenſured, and were yet lying under the Cenſure. 4. A part of their cenſure was excluſion from being members of Kirk Judicatories. 5. There was one expreſſe Act of a Gen. Aſſembly, That they ſhould not be liberat from that cenſure, nor be capable to be members of any inferior Kirk-Judicature until their ſatisfaction ſhould be firſt notified unto, and approven by a Gen. Aſſembly. Now let any man in the world tell me if the exception againſt the one and the other was alike, or if there was more relevancy in the exception againſt the Commiſſioners, then in the exception againſt theſe for their Excluſion from being Members: the matter of Exception might haply (conſidered in abſtracto,) be of greater importance, but we ſpeak now of the exception in relation to Perſons and Circumſtances as it is to have effect or not, to have effect upon the Judge for Cenſuring and Noting, or not Cenſuring and Noting the Perſons.