The Nullity of the Pretended Assembly at St Andrews and Dundee, Treatise 2 · Review 50
REVIEW.
THe Author is pleaſed handſomly to wave the anſwer brought by the Writer to theſe objections, though many of them be home to the purpoſe: He brings for his Reaſons, that the grounds of the Proteſtation are weak and fectleſs. But the ſentence of one who is party, is juſtly liable to the ſuſpition of partiality. If there be no more to be ſaid againſt the grounds of the Proteſtation then is in his Vindication, they may haply be found ſtrong enough notwithſtanding both of his underminings and batteries: I ſhall the leſs wonder at his big words, to wit, That the Proteſters ſhall never be able to wipe away, before the eyes of impartial men of this and ſucceeding generations, who ſhall be rightly informed of it: The blot of dividing this Kirk and expoſing our Government to the reproach of the Enemy by needleſs proponing of it; becauſe it is of his intereſt and concernment to put theſe things from his own door and the door of his complices. But in this the Proteſters with much trembling and fear do make their humble appeal to the Lord Jeſus Chriſt, deſiring Him in mercy both to the one and to the other, to bear teſtimony at whoſe door the guilt of theſe things doth mainly lie, whether at theirs who on a ſudden do change both their principles and party, or at theirs who adhering to their former principles have born teſtimony againſt that change, and have ſtudied, though in much weakneſs and with many failings and infirmities to preſerve their Union cum Deo, cum Foedere, cum Priſtina Eccleſia Scoticana; and to preſerve the Liberty of the Kirk of Scotland [jure] by proteſtation, when they could not do it [facto] by any other lawful means. As for the reſt of the things which he ſaith in this Paragraphe concerning the bloody unſeaſonableneſs of it (as he calls it) When I read theſe things, that of David 2 Sam. 16.12. when much like imputations were caſt upon him, occurred unto me; not that I mean to compare the Author to Shimei, though yet I wiſh he had been more modeſt in theſe things; but deſires the Proteſters to be comforted in their own innocency againſt unjuſt imputations. I ſee no cauſe why he ſhould deſire them to remember at what a time they gave it in; from any guilt they had in the in-giving of it, the conſideration of the Lords tryſting that doolful ſtroak at Inerkeithen, with the more doolfu… defection of the Church of Scotland, doth indeed afflict them and wound their hearts as often as they remember of it; But in the in-giving of the Proteſtation they have peace, as having done their duty therein: That any of them did kythe contentment and inſultation in their countenance and ſpeech at the very circumſtance of time is a cauſeleſs reproach, and more then he or any others ſhall ever be able to make good, or hath any juſt ground to alleadge: He had dealt fairly if he had ſet down theſe ſpeeches that gave evidence of their inſultations, their own breaſts beſt know what was the frame of their ſpirits, and no man under Heaven can bring any evidence of their contentment, or inſultation in their countenance and ſpeech. That they would not delay the in-giving of it, was upon theſe grounds: 1 Becauſe they did perceive they were already put to diſadvantages by delay. 2 Becauſe they did ſuſpect that it was not ſafe for them to go to Dundee, which ſuſpition was afterwards verified not to be groundleſs, by the uſage that ſome of their number met with in that place. 3 Becauſe they doubted if the Aſſembly ſhould have liberty to tranſport themſelves to ſit elſ-where, the Engliſh now being Maſter of the Fields,. That it was given in when it was near midnight, and after the adjournment of the Aſſembly, are no agravating circumſtances of the buſineſs; but the reaſon was, they delaied as long as poſſibly they could, being loth to fall upon this laſt remedy till they have the utmoſt. As for that Queſtion that he puts to the conſciences of the Proteſters, I ſhall give a conſciencious and ingenious Anſwer thereto in both the parts of it, expecting that he will do the like upon Queſtions put to him after this manner. As to the firſt part of it I do indeed think that the apprehenſion, or rather the almoſt certain knowledge, that the Aſſembly would approve the proceedings of the Commiſſioners, had weight with the Proteſters, both to look more narrowly to the lawfulnes and freedom of the Aſſembly, and to think more ſeriouſly upon a Proteſtation then otherwiſe they would have done if the Aſſembly had been like to improve their power (whatever it was) unto Edification: many things may be born with and winked at in legalities and forms, and wayes of proceeding in Judicatures, when their proceedings for the matter are right, which yet may be juſtly cenſurable in themſelves, and which others may be ſtirred up to take notice of by things relating to the matter: But that the apprehenſion of the Aſſemblies approving of the proceedings of the Commiſſion did make them hazard upon a Proteſtation againſt the Aſſembly, upon ſuch grounds as to their conſciences were not weighty and relevant, I will aſſure him is an untruth; they were convinced in their conſciences before the giving in of that Proteſtation, that theſe grounds were relevant, and their light and conviction is from day to day more and more encreaſed in this thing, albeit it was, and is unto them a matter of great ſadneſs to ſee a General Aſſembly of the Kirk of Scotland corrupted in the Conſtitution and actings of it, yet they did, and do look upon it as a wonderful providence of God, that as all the former Aſſemblies that carried on courſes of defect on in this Church, were alſo corrupt in their Conſtitution; So this Aſſembly which did ratifie the Publick Reſolutions that do involve a courſe of defection, & make ſundry dangerous and deſtructive Acts, was, as to the Conſtitution of it, unfree and unlawful, and therefore no Aſſembly at all. As to the other part of the Queſtion, That it was the occaſion of that dayes event that moved them to give in that Proteſtation, more then the conſcience of any weight of the grounds whereon it was built. He that is the ſearcher of hearts knows that it was not ſo, and that that dayes event had no influence at all upon the Proteſters in giving in of that Proteſtation, otherwiſe then that the dayes event occaſioning the adjournment of the Aſſembly from St. Andrews did occaſion the giving in of that Proteſtation before their riſing, leſt there ſhould not be another opportunity. And to make it to appear that it was not the occaſion of that daies event that moved them to give it in, I deſire theſe particulars to be taken notice of: 1 That it was reſolved upon and ſubſcribed 48. hours before there was any report of that daies event at St. Andrews; it was ſubſcribed upon the Friday, and the report of that event came not till Sunday at night late. 2 When it was ſubſcribed, it was earneſtly preſt by ſome, that it might preſently after the ſubſcribing thereof, or the next day without further delay be given in to the Aſſembly: and upon this very reaſon among others, leſt if our Forces ſhould be defeated, before the in-giving of it, it might open the mouths of ſome to ſay, that which is now ſpoken by the Author. If it be aſked, Why it was then delaied? The reaſon was, becauſe ſome was abſent who had been upon the debate of it, and were like to ſubſcribe it; therefore it was reſolved, that it ſhould be delayed until Monday, till they might be preſent to put to their hands, and that on that day without further delay, it ſhould be given-in without reſpect to any events, yet ſo, as if that the Aſſembly ſhould be adjourned before that time, of which there was a conſtant rumor becauſe of the fear of the approach of a Party of the Engliſh, that it ſhould be given in at the time of the adjourning the Aſſembly, and accordingly ſome of the number were named to waite on and to do it upon that exigent. The things which the Author brings for verifying his alleadgances are ſoon Anſwered. The p…e…ſing to adjourn the Aſſembly upon that ground that there was ſuch differences about theſe proceedings, was becauſe they did rather incline to ſtrain themſelves to the utmoſt▪ and to except of any tolerable remedy, then that the Aſſembly ſhould go on to ratifie a courſe of Detection, and to lay a foundation of bearing down oppoſe…s of publick Reſolutions, by making Acts for cenſuring of them, as afterwards they did: yet ſo, that if the overture of adjournment had been hearkned to, they would not have been ſatisfied, but with ſuch proviſions as might have been remedy at leaſt for the future, for preventing ſuch things as were wrong in the Conſtitution, and might have given ſome probable hope of right compoſing of Differences: That till that day ſome of themſelves did ſit and vote in it, as one Aſſembly lawfully Conſtituted, is an alleadgance without a bottom. They did indeed ſit and vote in it ſeveral dayes, but with a Proteſtation oftentimes renewed both before and after the chuſing of the Moderator to be heard upon the Conſtitution of the Aſſembly without ſatisfaction, in which they could not acknowledge the Aſſembly. And the reaſon why they did ſit and vote till the day of Inerkeithing, was that which I have told already, becauſe they were loath to uſe the laſt remedy, till there was no hope, That any other could be effectual to bring things to any tolerable condition: the Author cannot but remember that there was Conference both upon the Thurſday, and upon the Friday, betwixt ſome of the Commiſſioners and ſome of the Proteſters in order to a good underſtanding, and ſome right way of compoſing Differences, and preventing of further Diviſions, and of a wider breach; and how much and how earneſtly ſome did with tears preſs the Commiſſioners, that they would be inſtrumental to get the Aſſembly adjourned, and how peremptorily they did refuſe, ſo much as once to ſpeak in it. Their ſalvo in the Aſſembly was alſo ſalvo enough for them to be in Committees: and for their voting in the adjournment. I have told upon what ground they did it, it doth but at the utmoſt ſay, that they did ſtrain themſelves to the utmoſt, and further then otherwiſe could have been convenient, untill neceſſity forced them to uſe the laſt remedy of Proteſting: From all which it may appear, notwithſtanding of any thing ſaid by the Author to the contrary, That it was the conſcience of the weight of the grounds whereupon it was built, and not that which alleadged by the Author that moved theſe men to proteſt againſt the Aſſembly: The Author is a very bold and uncharitable Cenſurer of the Proteſters, not only as to the matter of their actions, but as to the motives and inducements of their actings. In the beginning of his Vindication, he hath holden forth ſome of them, as acting upon Byaſſed and Self-interſt, and as belying all their great Profeſſion, of reſpect to the Government of this Kirk by their Actions. Now in the cloſe of it, he holdeth forth all of them as men void of conſcience in this particular, and acting upon other grounds, notwithſtanding of their pretending to Conſcience: I thought that whatever had been his Opinion of ſome of them, yet that he had had a better and more Honorable eſtimation of others of them.
VINDICATION.
I Shall in the next place ſpeak a word to one or two paſſages contained in the general Objections, becauſe in the one the Writer pretends to hold forth a new argument againſt the lawfulneſſe of the Aſſembly, in the other through the ſides of it, he ſtrikes at the Aſſembly of Glaſgow 38. it ſelf: The former in the anſwer to the ſecond Objection is this, Albeit there were nothing relating to the point of forme, viz. to the Conſtitution and manner of proceder of the Aſſembly, yet ſome conceive, and with much appearance of reaſon that an Aſſembly proceeding wrong upon matters is null, becauſe Kirk Judicatories have no power to deſtruction, but all their power is to Edification, and all power Commiſsioners of a Generall Aſſembly have, it is by Commiſsions from Presbyteries which Commiſsion limiteth them to the Word of God, the Covenant and Acts of former Aſſemblies, and therefore in ſo far as they do any thing contrary to theſe, in ſo far they may be declined as having no power for doing any ſuch thing, which furniſheth a new argument, not before alleadged for declining the Aſſembly, becauſe in the moſt of all the materials of their proceedings they proceed contrary to the truſt committed to them by Presbyteries. Anſwer: We are not now diſputing about the right or wrong of particular Acts and Conſtitutions of the Aſſemblie; the Writer doth but affirm they are wrong, and this ſaying is not to be holden for ſententia l…ta, nor is it an Oracle; but to the preſent matter: 1. Suppoſing as the Writer doth, and we conceive we have in what goes before made a more clear ſuppoſition, nothing could be alleadged in the point of forme, that which indeed here maketh nothing for juſtifying the deed of the Proteſters who Proteſted againſt the lawfulneſſe of the Aſſembly, when as it had not come to any of theſe Proceedings which the VVriter alleadgeth to be wrong in the matter, this ſure I am cannot be juſtifiable: But ſecondly, if the Writer by theſe ſome, who conceive, as he ſaith, meaneth any ſome Orthodox Writers, it had been fit he had named them and cited their words and Writings wherein they expreſs that conception, that we might have had conſideration of them: If he mean ſome of themſelves, their Authority cannot have weight in this matter, being but a party without authority, ſpeaking in their own cauſe, and for their own advantage, but for the thing it ſelf which is aſſerted here, that an Aſſembly againſt which nothing can be alleadged in the point of forme, to wit, in the Conſtitution of it, for its manner of Proceeding is a null Aſſembly. 1. According to the ſtate of the queſtion in hand, a not having the being of an Aſsembly, but to be holden a meer meeting deſtitute of Authority, becauſe proceeding wrong in the matter, id eſt, making ſome wrong Acts, is in my weak judgement a moſt dangerous and irrationall conception, I confeſs indeed that a Gen. Aſsembly is not a Judicatory abſolutly ſoveraign, whoſe Conſtitution is to be imbraced upon its bare and naked authority as Papiſts make their Councels to be, but Miniſterial ſubordinate unto, and limited by a rule, and not unfallible, and therefore that inferior Judicatories, and private Chriſtians alſo muſt make uſe of the judgement of diſcretion to compare the Conſtitutions with the rule, and are not oblieged to receive them if they be contrary to, or diſsentient from the rule; but to ſay that notwithſtanding it be conſtitute ſo as nothing is wanting or amiſs as to the point of forme requiſite in ſuch a Judicatory, yet if it make wrong conſtitutions upon the matter, that it is to be holden no Aſembly at all; that is to open a gape to confuſion, inferring that abſurd conſequence, that that Aſſembly is not compleatly conſtitute in the being of an Aſſembly, untill all the Acts of it be concluded and ended; and that untill it be concluded no man can acknowledge nor ſubmit to it, but with a reſerve, and if it ſhall be ſo, I ſee not how it can be avoided by the like reaſon, that acts wrong upon the matter muſt make a Presbytery not a Presbytery; yea, and a Miniſter a non-Miniſter, which no man will not ſee to be moſt contrary to the practiſe of CHRIST and his Appoſtles in relation to the Prieſts and Kirk Judicatories among the Jews while they were a Kirk; it is alſo remarkable, that that ſolemn Aſsembly of Glaſgow in declaring the nullity of the ſix preceding Aſſemblies doth never take an argument to prove the nullity of any of them from the matter of the Acts made in them, while yet there was very fair occaſion to have done, if that Aſsembly had been of the Writers minde. The ſecond grounds upon which the Writer ſaith this conceit hath great appearance of reaſon, are of that ſort of arguments that Arriſtotle calls foreign, id eſt, That hath appearance, but not ſolidity, id eſt, That Kirk Judicatories have no power for deſtruction, but all their power is for Edification; he might have taken a large ſubject to his denunciation, even all Judicatories both Civill and Eccleſiaſticall, for no Civill Judicatory nor Judge, nor Magiſtrate, more then Eccleſiaſtick hath his power foreign id eſt, morall power for deſtruction, but all is for edificatication, in their kind, viz, for the preſerving and procuring the good and ſafty of the people, which is ſuprema lex by juſt acts. Is then that a good conſequence, an Aſsembly that maketh destructive Acts is null, then its as good a conſequence, a Parliament that maketh deſtructive Acts is no Parliament, and a King that maketh deſtructive Acts is no King. The truth is, an Aſsembly that makes wrong Acts diſsenting from the rule it ſhould walk by, Acts not as a lawful Aſsembly ſhould do, nor are theſe Acts made obligatory, or to be obeyed, but yet for all that, it may be a true and lawful Aſſembly, as to the eſsence and being of an Aſsembly, and having lawfull authority as the Parliament 48. in carrying on the ſinfull Engagment, and many Acts deſtructive to the Commonwealth, and to the ends of Parliament, which people thought themſelves not oblieged to obey, and were afterwards condemned; and yet that Parliament was never denyed to be a lawfull Parliament: It was a diſtinction at that time common and uncontradicted, and for my part I cannot ſee a reaſon why it ſhould not have place in relation to an Aſsembly, that the acts of it may be unlawfull, and yet it ſelf an lawfull Aſsembly. The other reaſon is never a whit more to the purpoſe more then the former; for to let that paſs which he ſaith in the antecedent, that whatever power Commiſſioners of a General Aſsembly have, it is by Commiſsion from, &c. (which deſerves examination) and if he mean that Commiſsioners ſitting together and voting in a Generall Aſsembly, have only a delegate power, and deputed power ſubordinate to Presbyteries, can hardly be reconciled with ſound Doctrine, concerning Church Government) yet ſuppoſing it to be ſo, no more follows, but that in ſuch acts as the Aſsembly makes, contrary to the limitations and rules contained therein, they may get no obedience, and that ſuch acts may be declined and Proteſted againſt; and indeed the Writer himſelf in his conſequent infers no more but this much, for getting in ſo ſhort bounds what he had proponed as the point to be proven, for theſe are his very words: For in ſo far as they do any thing contrary to this, in ſo far they may be declined, as having no power or authority in doing ſuch things: Which, what is it elſe but what we have ſaid? But it doth not follow, that becauſe they make acts contrary to the limitation of their Commiſſion, therfore the Aſſembly may be declined and proteſted againſt abſolutly, as not having the being of a lawful free Aſsembly, juſt as becauſe, the members of a Parliament have all their power by Commiſſion from the people of the Land, Commiſſioners of Shires from their Shires, and Commiſſioners of Burghs from their Burghs by a temporary election; & as I humbly conceive) Noblement… by a kind of election, heriditary from the Commonwealth, & they are limited to the laudable fundamental lawes of the Kingdome, and unto the common principles of Justice; it followes well that if they make acts contrary to theſe they are not obligatory unto obedience, and in ſo far they may be proteſted againſt: But it doth not follow, that therefore the Parliament that makes them may be abſolutly declined and Proteſted againſt as no lawful or free Parl. I know there are many differences between theſe Judicatories in other things, but I think the Writer ſhall be hardly able to let us ſee a reaſon why the paralel of this ſhould not hold good. This is it that takes away the force of the ſecond ground, for proving the point that was intended, however the impertinency of this ſecond ground as to the point it was intended for, is diſcovered before; and I hope by what hath been ſaid, it is ſufficiently evidenced that the Writer hath brought no new conſiderable reaſon for the nullity of the late Aſſembly, as to the being of a lawfull free Aſsembly, even ſuppoſe ſundry of the acts and conſtitutions were wrong upon the matter (which yet is not granted, and he ſhould have proven and not nakedly affirmed) but hath brought diſadvantage to himſelf and the Proteſtation.