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The Nullity of the Pretended Assembly at St Andrews and Dundee · James Guthrie

The Nullity of the Pretended Assembly at St Andrews and Dundee, Treatise 2 · Review 49

REVIEW.

IT is indeed fit that in a matter of ſuch conſequence, men apply themſelvs ſeriouſly to ſearch out the truth, and to judge thereof in the fear and ſight of God; and therefore without oppoſing confidence to confidence, I leave men ſo to do upon all that hath been ſaid, and then to give ſentence whether the Reaſons contained in the Proteſtation, and in the latter Papers, be not relevant grounds, to proteſt againſt & to nullify the late Aſſembly as unfree and unlawful in the Conſtitution & manner of proceeding; & whether the Writer had not reaſon to affirm, that there was ſuch encroachments upon the Conſtitution thereof, and right manner of proceeding therein, as did deſtroy almoſt all the eſſential requiſits of a free Aſſembly; freedom of Election, free Voting, free acceſs and receſs, free hearing of what was offered for light, impartial hearing and diſcuſſing of Exceptions againſt Conſtituent Members; admitting of Presbytries, who were under trial, to ſit as Judges upon particulars relating to themſelves: and whether there was not ſuch encroachments as moved the Aſſembly 38. becauſe of the like to judge ſeveral of the former Aſſemblies to be null; or whether ſtronger Reaſons are brought for nullifying any of theſe pretended Aſſemblies then of this. The Author thinks theſe to be too bold Aſſertions in the Writer: but I hope they are not more bold then true; and viritas non quaerit angulos. That the Writer did not make any particular paralel of the Reaſons of the nullity of this Aſſembly, with the Reaſons of the nullity of theſe Aſſemblies, was upon no ſuch politick principle as the Author inſinuats, to wit, The fear of wronging his credit, or the diſcovering of the raſhneſs of his Aſſertion; but to ſpare (as I conceive he thought) needleſs pains, the Acts of the Aſſembly being ſo common, and the paralel being ſo eaſie to every Reader of ordinary capacity and underſtanding: and if it was a fault in the VVriter, not to make a particular paralel, faithfully comparing the one with the other, and weighing Reaſon with Reaſon; the Author can much leſs be blameleſs who ſeems to undertake it, and yet doth little as to the performing of it, only he makes a ſhort recapitulation of the Reaſons of the nullity of theſe Aſſemblies, and leaves the Reader to make the paralel & compariſon; and in this, what hath he done more then the Writer? except that he hath been at the pains to make ſome compend of theſe Reaſons, which are more clearly ſet down in the printed Acts that are common. It is to be marked, that it is not aſſerted by the VVriter, that all the Reaſons brought for anulling of all, and every one of theſe Aſſemblies, are quadrant to this Aſſembly; but that there is none of theſe Aſſemblies, for the nullifying of which ſtronger reaſons are brought, and therefore though ſome breaches of the right Rules of Conſtitution may haply be found in ſome of theſe Aſſemblies, which are not inſtanced in this Aſſembly, it makes nothing againſt this Aſſertion, nor for juſtifying this Aſſembly more then theſe, becauſe there is none of theſe in which moe or more weighty breaches of the Rules of Conſtitution can be found, then can be found in this. But let us take a view of the moſt conſiderable Reaſons brought for nullifying theſe Aſſemblie…, and compare them with the Reaſons which are brought for nullifying this: the firſt is, The want of timous indiction which cauſed the abſence of many Commiſſioners. To this there was ſomething equivalent in this Aſſembly that cauſed the abſence of many Commiſſioners, to wit, The troubles of the times which in ſome places hindred the Elections, and in others hindred the Commiſſioners from coming. The ſecond is, want of freedom in the Election of Commiſsioners in Presbyteries, becauſe of Letters from the King and the Prelats, requiring them to chuſe ſuch and ſuch. To which was equivalent in this Aſſembly, the pre limiting of Elections of their freedom by the Letter and Act of the Commiſſion, excluding all thoſe who were oppoſit to the Publick Reſolutions. The third is, the admitting many to voice in the Aſſemblies, who had no Calling nor Commiſſion ſo to do; to which is equivalent in this Aſſembly, the admitting the Commiſsioners to voice, notwithſtanding of juſt Exceptions proponed againſt them, before the diſcuſsing of theſe Exceptions, and the admitting them to voice in the diſcuſſing of them. The fourth is, the want of freedom in voicing, becauſe of threatnings under no leſs pains then the wrath of Authority, Impriſonment, deprivation of Miniſters, &c. To which was equivalent in this Aſſembly, the Kings Letter, and the Commiſſioners Speech, with the previous warnings, Remonſtrances, Letters and Acts of the Commiſsion characterizing thoſe who were againſt Publick Reſolutions as Malignants, and appointing them to be cenſured, and ſtirring up the Civil Magiſtrate againſt them, together with the Acts of Parliament made againſt ſuch, which Acts did involve more and more certainly againſt the oppoſers of Publick Reſolutions then any of theſe threatnings could do, becauſe there was no Law, as yet, for executing of them. The fifth is, the practiſing ſome of the Articles concluded in theſe Aſſemblies before the Aſſembly it ſelf, notwithſtanding that theſe Articles were formerly condemned by the Church, by which their Voices were pre-judged by the practice or theſe Articles before condemned by the Church, and therefore they ſhould have been ſecluded from voicing. To which in this Aſſembly is equivalent, the practiſing the Publick Reſolutions by many Members of the Aſſembly before the Aſſembly concluded the ſame, notwithſtanding they were before that time clearly condemned by the Church: I dare ſay as clearly as ever kneeling at the Communion, or feaſtval-daies, were condemned by this Church, before the Aſſembly did conclude them to be practiſed. The ſixth is, the limiting of Commiſsioners of their power and Commiſsion given unto them by their Presbytries, which was alſo done upon the matter by Presbytries, ſending Commiſsioners to this Aſſembly: For beſides that many Presbytries, in obedience to the Letter and Act of the Commiſsion, did chuſe none but ſuch as was for the Publick Reſolutions paſſing by all ſuch as were againſt them: ſo ſome Presbytries did expreſly diſcharge ſome who were choſen becauſe they were oppoſit to the Publick Reſolutions; of which I have given two clear inſtances already, one in the Presbytry of the Mearnes who did by a Letter intimate the Lord Arburthnet (whom they had choſen to be Ruling Elder to the General Aſſembly) that if he had any heſitation or ſcruple to declare himſelf ſatisfied with the Publick Reſolutions, they behoved to make choice of another: Another in the Presbytery of Kirkaldy diſcharging the Ruling Elder choſen for the Town of Burnt-Iſland, upon the accompt of his being oppoſit to the Publick Reſolutions. Beſides theſe Reaſons, there be alſo others mentioned and cleared, in the Debate that contribute for proving the nullity of this Aſſembly; and when all theſe are put together, I beleeve it ſhall not be found that there were moe, or more material Reaſons brought by the Aſſembly at Glaſgow, for nullifying of any of theſe 6. pretended Aſſemblies, then are brought for nullifying of this; and therefore the Writer hath done no wrong to his credit, nor ſhown himſelf raſh in affirming ſo.

VINDICATION.

AFter all theſe Arguments brought to nullifie the late Aſſembly, the Writer brings ſome general Objections againſt their proteſting againſt the Aſſembly, formed at his own pleaſure, and Anſwereth them. He needed not been at this pains, I doubt not, honeſt and underſtanding men intereſſed, in time convenient, will repreſent Reaſons enough againſt it themſelves, nor will we ſtay to trace him in theſe, conſidering how fectleſs and weak the grounds were whereupon the Proteſtation was built. The Authors of it, though I queſtion not their finding mercy at Gods hands, yet ſhall they never be able to wipe away before the eyes of impartial men of this and ſucceding generations who ſhall be rightly informed of it, the blot of Dividing this Kirk, and expoſing our Government to be reproached of the Enemy, by needleſs p…pming of, and of the bloody unſeaſonableneſs of it; it may ſting them to remember what a time it was they gave it in, wherein the Blood of their Brethren ſhed in Defence of their Countrie, was as yet …eeking from the ground, and what contentment and inſultations many of them …thed in their countenances and ſpeech, at the very circumſtance of time; and that they would not delay the in-giving of it one day, though Hearing and admittance was promiſed to them; and if they could not at all be preſent perſonally, might have been preſented in their name, but they would needs give it then though it was near midnight, and the tranſlation of the Aſſembly was voted before. I ſhall add but a word or two more, one is this: I put it to ſome of their conſciences if it was not apprehenſion that the Aſſembly would approve the proceedings of the Commiſſioners, together with the occaſion of that dayes event that moved them indeed to give that Proteſtation more then conſcience of any weight of the grounds whereon it was built. I give only theſe two Evidences of this, 1. That they did ſo earneſtly preſs the Aſſembly to be but adjourned upon that ground, that there were ſuch differences about theſe proceedings. 2. That until that day ſome of themſelves had ſitten and voted in it, as in an Aſſembly lawfully conſtitute, compeared in Committees of the Aſſembly, yea, ſitten as Members in them, ſome of them being Moderators and Clerks of theſe Committees cognoſced upon matters that came before the Aſſembly, made reports to the full Aſſembly, concurred with votes in making ſundry Acts of the Aſſembly, until that very day the blow was given at Inerkeithen; and even then when the Aſſembly met at night to adviſe about tranſlation, they voted in that buſineſs; It's true, They voted not for tranſlation, but for adjourning of it: But that ſame did neceſſarily import their acknowledgment of it for the preſent as a lawful Aſſembly; however now they do profeſs that that was an error and fault: Yet theſe things do clearly enough evidence, that at the time of the in-giving of be Proteſtation, it was not conſcience of the weight of the grounds whereon it was built (as they pretended in the Proteſtation) but ſome other thing, even that which was ſaid before, that moved them to proteſt againſt the Aſſembly.