The Nullity of the Pretended Assembly at St Andrews and Dundee, Treatise 4
Reaſons why theſe who diſ-approved the Publick Reſolutions and Acts at Dundee, Ratifying the ſame, and ordaining cenſures to paſſe upon the oppoſers and unſatisfied, cannot keep the Aſſembly now indicted, nor be conſenting unto the Election of Commiſsioners for that effect.
THe chief cauſe of many evils which have befallen this Church in time of defection under Prelacie being clearly determined by the Gen: Aſſembly at Edinburgh 1639. to have been the keeping and authorizing corrupt Generall Aſſemblies, it is of high concernment, that we take heed that we be not conſenting nor concurring to the keeping and authorizing ſuch Aſſemblies in this declining time amongſt which the Aſſembly indicted by the Commiſſioners of the pretended Aſſembly at St. Andrews and Dundee, is to be reckoned, and conſequently ought not to be keeped by any who have proteſted againſt, or are in their conſciences unſatisfied with the Publick reſolutions and Acts of the Aſsembly at Dundee, eſtabliſhing the ſame as involving defection and backſliding from the Cauſe of God and Covenant.
To ſpeak nothing of the indiction of the enſuing Aſsembly, (which can neither be acknowledged by any who have proteſted againſt, or by any who doubts of the freedom…, lawfulneſs and conſtitution of the Aſſembly at Dundee) but allanerly of the conſtitution thereof, in ſo far as it depends upon the Acts of that Aſſembly. Theſe reaſons ſeem to warrand and require the forbearance and non-concurrence of all theſe (who diſallow of the Acts of the pretended Aſsembly at Dundee) in the election of Commiſſioners unto a keeping the diet of the Aſsembly now indicted.
1. No man ought to be conſenting unto the authorizing of Commiſſioners to keep an Aſsembly which is conſtitute by a corrupt rule. But in the judgment of ſuch as approve not the Acts of the Aſsembly of Dundee, the enſuing Aſsembly is conſtitute by a corrupt rule: Ergo, The major Propoſition is unqueſtionable, the minor is proved thus: It is to be conſtituted by the Acts of the pretended Aſsembly of Dundee as by a rule: Ergo, By a corrupt rule; the antecedent is manifeſt, becauſe all the unrepealed Acts of former Aſsemblyes that do determine the qualification of Commiſſioners, are eſpecially the Acts of the Aſſem. immediatly preceding, are the rule by which the Aſsem. is to be conſtituted, as is manifeſt from the Acts of the Aſsem. themſelvs, old and late, and from the conſtant practice of this Kirk in all her Aſsemblies, and that the Acts of Dundee include a corrupt rule as to the judgements and conſciences of thoſe who condemn theſe Acts as involving a courſe of defection, is manifeſt, becauſe they appoint all thoſe who do not acquieſce and is obedient to the Acts and Conſtitutions of that Aſsembly, to be proceeded againſt with the cenſures of the Kirk, and ſo to be excluded from being capable of being elected as Commiſſioners for ſitting in the Aſsembly as Members rightly qualified.
2. No man ought to concur in any Election of Commiſſioners when the Election is not free, but ought rather to give teſtimony againſt the ſame: But the Election of Commiſſioners to the Aſſembly indicted by the pretended authority of the Commiſſioners of the Aſsembly at Dundee cannot be free in the judgement of theſe who do not approve of the Acts of Dundee; Ergo, Nothing here needs confirmation but the Aſsumption, which may be proved thus; That Election which is limited and reſtricted unto ſuch only as are involved in a courſe of defection and back-ſliding, and is excluſive of all other who have not been involved in the foreſaid courſe, cannot be a free election, but the election of the Commiſsioners of the enſuing Aſsembly is ſuch, in the judgement of theſe who do not approve the Acts of Dundee; Ergo, The reaſon of the aſſumption is, becauſe illud poſsumus quod jure poſsumus. Now, no Presbyterie, Seſsion, or perſon acknowledging the conſtitution and authority of the Aſſem. of Dundee, and yet teſtifying againſt the Acts thereof relating to the approbation of Publick reſolutions, and to the cenſuring of the oppoſers, and ſuch as do not acquieſce and give obedience thereto, can legally chooſe Commiſſioners, contrary to a ſtanding unrepealed Act of an Aſſembly. Therefore the election of Commiſsioners to the enſuing Aſſembly muſt be limited and unfree in the judgments of theſe who proteſt againſt it in their conſciences, or diſ-approve the Acts of the Aſſembly of Dundee, as involving the approbation of the courſe of defection.
3. No man ought concur in the election of Commiſsioners to an Aſſembly, unto which none are to be admitted Members, but ſuch as are involved in a courſe of defection and back ſliding from the Cauſe of God, and from the Covenant, but the enſuing Aſſembly is to be ſuch in the judgements of theſe who diſ-approve the Acts of Dundee; Ergo, the Propoſition is granted on all hands, even the Aſſembly of Dundee, and the aſſerters of the authority thereof, grant the Nullity of an Aſſembly, when the authors and abettors of a courſe of defection are admitted to be conſtituent members. The aſſumption is proved, to wit, That Aſſembly now indicted, is to be ſuch an Aſſembly that Aſſembly; unto which none can be admitted Members, but ſuch as approve the Publick Reſolutions, and the Acts of Dundee ratifying the ſame, is in the judgment of theſe who diſ-approve the Acts, but not the authority of the Aſſembly of Dundee, an Aſſembly unto which none can be admitted Members, but ſuch as are involved in a courſe of defection: But unto the enſuing Aſſembly none can be admitted Members, but ſuch as approve the Acts ratifying the Publick Reſolutions: None but theſe can be admitted, becauſe none can be admitted contrary to a ſtanding unrepealed Law, and yet theſe are involved in a defection in the judgment of them who diſ-approve the Acts at Dundee.
4. No man ought to concur in keeping an Aſſembly from which many faithfull and godly Miniſters and Ruling Elders be excluded for no other cauſe but for their being faithful in witneſsing againſt the back-ſliding of the Land: But from this Aſſembly, many ſuch are excluded by the Acts of Dundee, and that for no other cauſe but for teſtifying againſt the defection of the Land, according to the judgment of theſe who condemn theſe Acts, and therefore theſe cannot concur in keeping this enſuing Aſſembly.
5. No man ought to concur in keeping an Aſsembly wherein the conſtituent Members are for the moſt part ſuch as are either authors or approvers of the enacting a perſecution of many godly men, but the enſuing Aſsembly is to be ſuch in the judgment of theſe who diſ-approve the Acts of the Aſsembly at Dundee; Ergo the Propoſition will be granted by every man, the aſſumption is abundantly proved by the clearing of theſe things: 1. That enacting the drawing forth of cenſures of the Church againſt godly man, (to ſpeak nothing of that which is already executed) for that which is no fault in them, is the enacting of a perſecution of godly men, cannot be denyed by any. 2. That the enacting to draw forth all the cenſures of the Kirk againſt theſe who do not approve the Acts and Conſtitutions of the Aſſembly of Dundee, to the enacting of drawing forth cenſures againſt godly men, for that which is no fault in them, but duty, is unqueſtionable in the judgment of theſe who diſ-approve theſe Acts. 3. That the Aſsembly now indicted, is to be made up of ſuch, is cleare from what is before ſpoken, and ſhall be further cleared immediatly.
Ob. How doth it appear that the Aſsembly now indicted, is to be conſtituted, as all theſe reaſons do import, can we judge of the conſtitution of it before we ſee how it is conſtituted?
Anſ. 1. It muſt be conſtituted according to the acts and rules conſtituting, which are not yet repealed, and therefore according to rules of the Aſſembly at Dundee, in the judgment of theſe who acknowledge the authority of that Aſſembly, and theſe acts cannot be repealed before the conſtitution of another Aſſembly. 2. That it muſt be ſo conſtitute, may appear from the tenaciouſneſs of Synods and Presbyteries, to maintain the authority and acts of that pretended Aſſembly, who being involved in the approbation of the ſame, have given good evidence, that the enſuing Aſſembly muſt be ſo conſtitute, if it be urged as for inſtance the Letter of the inſtant Commiſſioners, which doth appoint the place of meeting of the future Aſſembly, do deſire Presbyteries to chooſe Commiſſioners according to the known and ordinary rules of election; but theſe know and ordinary rules cannot be ſuppoſed to include the acts of the Aſſembly at Dundee: 1. Becauſe theſe acts are not known, the ſame not being publiſhed, yea not extant, neither can they be called ordinary, being once onelyonly done, and being queſtioned much by many, it is anſwered, Theſe are poor ſhifts: 1. Becauſe theſe acts were formally concluded and voted, and do yet ſtand unrepealed. 2. Becauſe if the authority of the Commiſſion who wrote this Letter, ought to be acknowledged and ſubmitted unto, then ought theſe acts which flow from the ſame authority to be acknowledged and ſubmitted unto. 3. Theſe acts are publick, and in the hands of the Presbyteries up and down the Land, and regiſtrated in ſundry of their Books, as alſo in the Books of ſome Synods; and ſome Presbyteries have proceſſed ſome perſons upon theſe acts, and they cannot be excluded from the ordinary rule, becauſe but once done, becauſe the meaning of the ordinary rule in this place muſt be, that theſe onelyonly are ro be elected, when no ſtanding act of the Kirk doth exclude, and yet it doth not make it ceaſe to be a rule, ſo long as the authority of the Aſſembly ſtands, and the act it ſelf ſtands unrepealed, how much ſoever it be queſtioned by ſome.
Ob. But we may probably ſuppoſe, that the Acts of the Aſſembly of Dundee, ſhall not be tenaciouſly ſtuck to in the constitution of the Aſsembly now indicted, but that Proteſters againſt the conſtitution or Acts at Dundee, ſhal be admitted as Members in the conſtitution of this Aſsembly.
Anſw. 1. Probably that may be the judgement of ſome godly and moderate brethren; but how few ſuch are to be found, and how unequall to carry it ſo, againſt many that are otherwayes minded. 2. If one malicious inſtrument that deſires not the healing of theſe differences (whereof there is no pe…y) ſhall object the act of the Aſſembly of Dundee. It is impoſſible that any who acknowledge the authority of that Aſſembly, can repeal the exception as irrelevant, as long as that act ſtands unrepealed, which cannot be before the conſtitution. 3. How improbable is that conſidering the temper of the late Meeting at Edinburgh, the 12. of May, the inſtructions given by Synods to ſuch as were ſent thither under a pretence of endeavouring the Union of the Church, but really to carry on a deſigne to have an Aſſembly depending on the authority of the pretended Aſſem. of Dundee, and conſtitute as that was, and conſidering the articles that came from the Commſſion, viz. that no Union could be, except the authority, conſtitution, acts, cenſures and Commiſſions iſſued from the ſaid Aſsem. be acknowledged by all, and the Declinator paſt from, which articles are magnified by theſe men, and ſome Synods have not been ſo cautious as others to keep back a Synodicall inſtruction, to do nothing in order to an Union, without the advice aforeſaid. 4. If ſuch a conceſſion had been intended how eaſie had it been to the pretended Commiſsion that takes upon them to indict this Aſsembly to have given ſome ground in their Letters to expect it, and not to have wrapt the rule of elections in ambiguous words, to ſay no worſe. 5. Suppoſe a poſsibility of conſtituting the Aſsembly otherwayes nor according to the acts at Dundee; yet how can any that have born teſtimony againſt the Publick Reſolutions and acts ratifying the ſame as involving defection, ſit with the authors and promoters of that courſe, and not propone that exception which is on all hands acknowledged to be relevant, and that ſuch as are guilty of it, ought not to be admitted to ſit in an Aſsembly; or if it be propounded, how ſhall it be ſatisfied once there is ſuch difference of judgment about that matter.
Ob. 3. But is it not better to keep that Aſſembly, and bear teſtimony againſt unlawfull acts, and labour to keep off ill, then to forbear and let things be carried on without oppoſition?
Anſw. If any can ſatiſfie his own conſcience, that he may with clear…eſs concur, notwithſtanding theſe and the like reaſons he may do ſo, and we ſhall rejoyce to hear of his teſtimony and ſtanding, againſt a ſpate of back-ſliding; but if he ſhall through caſting himſelf in a temptation, be d…awn a farther length then he intended, or ſhall approve himſelf in afterward, he ſhall ſin againſt a Warning.
O… 4. By this means we ſhall have no Aſſemblies.
Anſ. The reaſons will indeed conclude, that we ſhould have no corrupt Aſsemblies, ſuch as are prelimited in the elections, corrupted in the conſtitution excluſive of many of the godly for their faithfulneſs, and made up for the moſt part, if not onelyonly of ſuch as are authors or approvers of the late defection, and to want ſuch Aſsemblies is no wayes prejudiciall, but is a mercy to the Church in the judgment and language of the Generall Aſsembly, cited in the beginning of this Paper, neither is the running with the ſpate of defection the way to retain and preſerve the priviledge of uſefull Aſsemblies, but on the contrary the giving of teſtimony againſt a courſe of declining in the time thereof, hath by experience often proved a mercy and in the wiſe and gracious providence of God, the beſt ground of hope, and an open door for free Aſsemblies.
FINIS.