there be any who deserve the name of the prime contrivers and sticklers in the matter of the Protestation it is some of these who had no hand in these high courses which he mentions and who upon his accompt are among the simple ones These crimes which he doth so positively and without hesitation charge upon some especially being so hainous and great It would seem that both charity and and justice would have required that he had brought some good evidence of them least haply his Reader trust not his naked Assertion in that which doth not onely reach the reputation but also the life and being of others And if he would have men to believe their tenets to be contrary to the minde and practice of all Orthodox Churches and to the Faith he would do well to prove them to be so untill he do it he will I hope allow charity to these who deny it Some of the greatest Divines of this Church and of this age whose praise is in all the Reformed Churches do affirm and have proved the contrary and if the Authors Assertion be true I fear not to say that the minde and practice of this Church these years past hath not been Orthodox nor agreeable to the faith in order to these tenets because they have been clearly taught and practised by this Church these years past and a man but slenderly seen in the Doctrine thereof may bring forth these tenets asserted by this Church in the same letters and sillabes and may give clear instances of her practices a-agreeing with the same It hath been done already by some in a more convincing way then the sharpest opposers of these tenets have as yet satisfyingly answered I would fain know what ground the Author had to say that the prime contrivers and sticklers found it safest for them rather altogether to disclaim the Authority of the Assembly then to hazard upon a fair and orderly trial of their matters Their consciences do bear them record that it was not upon any jealousie or suspition they had of their Cause as not being able to endure the light reason may perswade indifferent men to think that they did not look upon protesting against the Assembly as the safest course otherwise then in order to their duty for if we take safety as it might concern their persons they could hardly have done any thing that could have more endangered these It was a speedy way to expose them to the censures both of Church and State as did appear in the sequel some of them because of their Protesting being deposed by that Assembly and others of them confined by the civil Magistrate and there is ground to presume that they would have been proceeded against with further censures both civil and Ecclesiastick if the Lord had not stopt the current of these things If this was their safest way why do men of his own judgment so frequently say that if the Protestation had been forborn the Assembly would not have censured any no not in the case of their adhering to their judgment and dissenting from the judgment of the Assembly in the matters of the Publick Resolutions If we shal take safety in order to the cause they could not be so dull as to think that their Protesting against the Assembly would keep the Assembly from trying and judging of their cause or other indifferent men from searching into the same and if before the Protestation it could not abide the triall it did but put them in a much worse condition to Protest upon an unwarrantable ground it being worse to defend two evill causes then one And therefore it doth not appear from these things that self-interest was the spring from whence these Actings did flow yea the contrary if any thing is manifest because by such a way they could expect nothing but the hightning of all former reproaches cast on them the exposing of themselvs to the censures both of Church and State if men that in all their precious interests must be sufferers because of their doing of such things be led to act therein upon a principle of selfish interest we leave it to judicious and indifferent men to consider and give their judgement whether it be very apparent yea or not It is true that some two or three did partly by the perswasion and partly by the threatning of some at Dundee resile a little from the Testimony which they had given at St Andrews in the matter of the Protestation which within a short time thereafter they did repent of and again adhered to their former Testimony not upon any selfish-interest or eye to credite or advantage as the Author affirmes there being no appearance first or last that by adhering to the Protestation they could gain any of these things but on the checks of their own consciences and the voice they heard behind them saying this is the way walk ye in it when they had turned aside some of them are since that time taken out of the land of the living and I trust are now in glory and I can assure the Author and all others and if it be doubted I wil get it attested under the hands of famous witnesses that after their resiling from that testimony they had no peace nor quietnes in their spirits for a long time but went down mourning to their graves because they had so done and upon their death beds did often and sadly bemoan it that they had missed the opportunity to give some publick Testimony and Declaration with others of their sorrow for the same and of their purpose and resolution to adhere to the Protestation It had been no losse to the Author nor his cause to have spared such sharp let me not say bitter and personal reflections upon conscientious and godly men as he many times needlesly useth he and all others whose eyes God hath opened to see their way cannot but be conscious to themselves of their own wandrings and how much they owe to the exceeding riches of the mercy and free grace of God that hath recovered them out of snares VINDICATION SEcondly estimation of the persons the Authors or Abbettors of this Protestation God forbid I should think say or advise any thing to the prejudice or disadvantage of godlinesse or godly persons neither shall I question their godlinesse my judgement concerning some yea many of them is very positive having by experience and acquaintance seen I must say much of the image of JESUS CHRIST in them as for others what ever they have been every whit I take not on me to judge them nor yet think I it pertinent or fit so to do That there are godly men not a few on the other side too is manifest some that were in Christ before them and men that hath suffered for the Truth and Cause of God when others had not the honor to be doers for it and are ready to suffer if he shal call them to it though some uncharitably
means of but I do well know that the men of that Meeting who are most slandered as the plotters and contrivers of such things had neither head nor hand nor heart in that Paper and if I rightly remember I heard it asserted by the Author of it there was no other head nor pen in it but his own these who know him wel may think that he hath that much ability as to reach the stile contrivance and conceptâ—ons in these Articles and therefore whilest the Author speaks these things by the way he hath gone a little out of the way That which he would have chiefly observed in this passage is To what purpose in this place are brought in these unfaithfull men the Prelates who minding thâ—iâ— own things c. and such an inference made thereupon as tendeth to bear all in hand that shall happen to read the Protestation that the Brethren that have been lately and are opposite â—o the Protesters have been and are treading the steps of these unfaithfull men the Prelates and heir mentioned practises and shrewd suggestions as he cals them on which he wâ—xeth hot in the Vindication of his Brethren and in recriminations upon others but I desire him and others who read these things in sobernesse of mâ—nde to consider first that the estimation which the Protesters have of the ability and godlinesse of sundry of the Brethren who have been and are opposite to them in the Publick Resolutions is above exception and manifest I hope to the Consciences of these Brethren themselves 2. That this needs not nor ought not to hinder them to give their judgement of their way in order to the Publick Resolutions if so be it be done without personal reflections so far as is possible 3. That as the Author hath distinguished before there is a difference between mens intention and their work men may be treading the steps of defection as these unfaithfull men the Prelats did who yet do it not with an unfaithful and prelatical mind even as in these same very times of the course of defection that was carried on by the Prelats there was sundry able and godly men ingaged therein without whose help it could not have been so easily nor unobservedly to many carryed on by the multitude of carnall and corrupt men who would have been but a small credite without these other 4. That if the Protesters had had to do with these onely whose faithfulnesse integrity honesty and constancy in the truth have been so wel known and sealed by God they had haply expressed themselves some other way but they had to do in this particular with all those who owned the publick Resolutions and amongst these were many yea not a few active leading men members of or assisting unto the Commission in these things and in the Meeting at Dundee who were deeply engaged in the Prelaticall way as not onely their subscriptions in the Bishops black Book which is yet extant and can be produced if need were but also the tenour of their carriage for a long time did witnes and I fear it of not a few that though they seemed to forsake these things with the changes of the time yet have they not repented thereof unto this day not that I would fetch all those whose names are in that black Book and others the like books and who were involved in these courses under that compasse I know that sundry of them have from their very hearts repented of and do from their souls abhor that way I mean even of these who are for the Publick Resolutions but this Church hath been so sâ—nsible that there is cause to think otherwise that she hath several times given warning thereof in her publick Papers and who knoweth not that throughout all the Land these who had been most indifferent and luke-warm in the Cause of God greatest underminers of it most Prelaticall in the times of the Bishops most Malignant in James Grahams time and in the time of the unlawfull Engagement and most designing and active to carry on the Treaty with the King in a wrong way and without security to Religion yea and such as were scandalous in their life and conversation were for the most part amongst the most zealous and violent for the Publick Resolutions and are so still now the course it self being evill and envolving a foundation of defection owned and countenanced and zealously promoted by all the lukewarm Prelaticall and Malignant scandalous men in the Land was there not doolfull experience of such backsliding in the time of the Prelates to be stirred up in our selves and to Protest and testifie to others against things though sundry godly men were engaged therein nay the more need there was to speak plainly least their ability and godlinesse should be a snare to any 5. Whatever the Author is pleased to alledge the Protesters do not despise any of those who have been honoured of God to stand constant against Prelats usurpations and for the Liberties of Assemblies they acknowledge that they owe much to such and though they cannot but testifie against the ill of the Publick Resolutions yet they do retain a honourable Impression of these persons and of what is good in them 6. If it were fit to compare sundry of the Protesters are in nothing yea in none of these things which the Author mentioned as praise worthy behinde with the very chief of these who have appeared for the Publick Resolutions but both of them are by the grace of God that that they are 7. That none of the Protesteers for any thing that I know did take unwarrantable orders from the Prelats and do more to accept one who hath often in private and in Publick acknowledged and is still ready to acknowledge the sin of that way in which he was bred up from his youth and therefore did it ignorantly through unbelief who because of the exceeding riches of the mercy of God in recovering him out of that snare holds himself the more bound to be vigilant and zealous against all desertions for the time to come this man hath forbidden me to say any more to the Author in answer to these things but these words dignus ego qui patior indignus tu qui faceres tamen and to leave the explication to his own conscience 8. It had been fairer dealing in the Author to have discovered or named the Prelaticall steps that some of the Protesters have troden these years past and not thus to have asserted without any proof or instance which he thinks a fault in matters of lesse moment The steps that these men have troden these years past in their Publick Actings for of these I take the Author to mean were for the matter the same that were troden by himself and by sundry leading men in the Publick Resolutions who were also leading men in all these steps from the highest to the lowest and I do not think though not a few be he is come that
with the publick Resolutions and to signifie to him That if he were not satisfied with these Resolutions the Presbytery could not be answerable to give him a Commission for sitting in the Assembly but behoved to chuse another These Instances may suffice for verifying of what is alleadged in the former Debates concerning the influence that the Letter and Act of the Commission of the General Assembly had upon several Presbyteries and Synods and Persons therin in the Election of Commissioners to the Assembly 1651. and in Citing of these who were Dis-satisfied with the publick Resolutions and therefore it shall not be needful to trouble our selves or the Reader with the bringing and setting down of more of this kind PAPERS betwixt the ASSEMBLY and COMMITTEE Offers and Desires from the Committee of Estates Presented by the Earle of Glencarn the Thesaurer Depute Archibald Sydserf to the Gen. Assembly AS we cannot but with sad hearts regrate that notwithstanding of the many endeavors of and great pains taken by the Parliament and Committee of Estates for removing of Differences and offering all just satisfaction to the Desires of the Commissioners of the General Assembly concerning the necessity and lawfulness of this present Engagement yet they have all hitherto proven ineffectual and Divisions betwixt us are rather increased then lessened so we cannot but here promise to our selves better Success from the wisdom of this grave and venerable Assembly especially whilst our consciences bears us witness that in all our undertakings we have nothing before our eyes but the glory of God in the first place and in the second the good and preservation of Religion and next therunto the safety of his Majesties Person now in danger and the pursuance of the same ends of our Covenant which hath been sealed with the blood of so many of our friends and country men And that our sincerity and reallity in all these may be manifested to all the world we are content now again at this time not only to renew all these offers which were formerly made by the Parliament to the Commissioners of the Gen. Assembly for the security of Religion but hereby we offer to grant what further security the General Assembly shall be pleased to demand in reason of us for Religion And although we cannot lay negatives and restrictions on the King but must as obliged in conscience and duty endeavor his Rescue that he may come with honor freedom and safety to some of his Houses in or about London yet we are most willing to give what Assurance can be demanded for our selves and our Army even by an solemn Oath if so it shall be thought fit by the General Assembly that we shall not be satisfied and lay down Arms until Religion be secured in all his Majesties Dominions according to the Covenant Therfore out of the deep sense we have of the great danger that the further growth of these Divisions may bring to Religion the Kings Majesty and to these who doth sincerly wish the settling of Presbiterial Government in all his Majesties Dominions We cannot but desire you seriously to weigh the sad Consequences may ensue if at this time there be not found amongst you some who will endeavor to heal and not to make wider the Breaches betwixt Church and State to remember that no such effectual help can be yeilded at this time to that as to have the hearts and consciences of the people preposessed with prejudices against the Resolutions of the Estates and their so pious and necessary Engagment And for this cause to the end these unhappy Differences may spread no further we do intreat you would be pleased to appoint some of your Number to meet with such as shall be appointed by us for Composing these mis-understandings betwixt Church and State And likewise for so cleering the Marches betwixt the Civil and Ecclesiastick Power in these Questions hath been Debated betwixt the Parliament and the Commissioners of the Gen. Assembly as the Kirk may be freed of all scandals in medling with Civil Business and the Estates from the scandals of Erastianism And seeing our desires herein are only to remove all jealousies betwixt the Church and State and to witness to the world our unfained intentions to do al that is in our powers for the most satisfaction of the Gen. Assembly We do desire that ye would be pleased to forbear the emitting of any Declaration either to this Kingdom or the Kingdom of England relating to our present Engagement and proceedings considering how unseasonable it may prove whilst our Army is in the Fields against the great obstructions of any Enemies to our Reformation to do any thing may encourage and strengthen the hands and hearts of that who doubtless will encourage themselves in their own wayes the more they have ours disapproven by you And as their unhappy differences and divisions have already so wrought upon the hollow hearts of some of our Countrymen as to move them to rise in Arms against the Parliaments Forces and of some to run and joyn themselves with these so much the more wil these be strengthned and encouraged against us by their hearing of our Divisions We do likewise desire That before the Gen. Assembly proceed to any approbation of the actions of the Commissioners of the Gen. Assembly That in these things that may relate to the present Engagement and to these Questions hath been Debated betwixt the Parliament and them we may be first hard All these we desire for no other end but that these untimely Differences and Rents now grown to so great a height as that they threaten the ruin both of Church and State may by the blessing of God in the spirit of Meekness be cuâ—ed and bound up That neither Malignants on the one hand may have occasion to laugh at our Divisions nor on the other hand encouraged and strengthned against us But that we as formerly may go on in one way being all engaged in one Cause for one and the self-same Ends And so may receive a blessing from the Lord of Peace and Order which hates the instruments of Division and Confusion upon all our endeavors for advancing the blessed work of Reformation and for bringing to an happy end all the Miseries and Confusions now which these Lands hath been so long toiled and consumed with Before the Assembly give any Answer to the Paper produced from the Honorable Committee of Estates The Assembly thinks fit to enquire at the honorable Persons who presented the Papers If the Committee of Estates have any new Objections against the Proceedings of the Commission of the late Assembly or only the same Objections made by the Parliament or their Committees before Sic subscrib A. Ker. The Committee of Estates do make this Return to the Paper of the Gen. Assembly That they have just and material Exceptions against the proceedings of the Commissioners of the Gen. Assembly besides any formerly made by Parliament or
was that was given to the Generall Assembly of that businesse some of the Commissioners confession before the Commission of the Church at Striveling after Dunbar doth bear witnesse it may be remembered that the Moderator then regrated that the plain businesse was not made known to the Generall Assembly and that most of what was spoken in that debate at Striveling tended rather to clear the Gen. Assembly then to justifie the Treaty and indeed these after discoverie of hidden and sinfully concealed truths may plead for a fair construction of what the Assembly did in approving their Commissioners proceedings which belike they would not have approven if they had known all the truth And do afford sufficient ground for the Remonstrators afterward to Remonstrate them without reflecting upon the Assembly or upon their own professions of respect to the Doctrine and Government of this Church Secondly these acts were not so most unanimously concluded as the Author affirmes It is true that there was no Protestation nor open and plain dissent by any member of the Assembly against them but severall members who had profest their dis-satisfaction with that matter in private when it came to be voted in Publick they did so qualifie their Vote that it did relate onely to the approving of the diligence of the Commissioners insinuating that they were not clear to approve of the mater I acknowledge that it was a weaknesse that they did not plainly declare their minde which some of them were requested to forbear but this shews that there was not so great unanimity in that matter as he speaks of He is not ignorant that as that businesse was from the first to the last rashly transacted and against the inclinations of the generality of the Godly in the land whilst they yet did see the King continuing in his opposition to the work of God so also against the inclination of many in the Assembly who yet could not find a ground to dissent oppenly from that conclusion because of the fair representation of the matter made to them Thirdly before the Remonstrance was penned there was palpable and clear discoveries of the hollownes of that transaction in Holland the King had given Commissions to the Malignants to rise in Armes and had himself deserted the Judicatories and gone away to join with the Malignants and severall other things of that kinde were made known before there was any meeting about the Remonstrance let be any conclusion taken upon it Fourthly there could not be any address to these Judicatories by way of supplication or otherwise to desire them to re-examine or to take to their consideration again these Acts and Constitutions because the Gen. Ass which only by the Authors own acknowledgement had power so to do was not then sitting nor to sit for eight or nine moneths thereafter and the Lord having smitten us so sore as at Dunbar and being still threatning more wrath it was no time to delay nor dallie the representing the grounds of his controversie Fifthly when that Remonstrance past the Forces of the West were enclosed between the English Forces at Glasgow and those at Carlile and resolved to lay down their lives in the defence of their Religion and Country and therefore thought themselves bound to exoner their consciences in a free and plain way and to leave that Testimony behinde them concerning the guiltinesse of the Land and the Judicatories thereof Sixthly that Remonstrance was not the deed of some of the Protesters onely but for the substance First the deed of one of the best and most famous Synods of this Church and afterwards both for substance and words the deed of a very considerable number of Officers gentlemen and Ministers whose integrity and zeal for the Publicke Cause from the beginning was known and approven not onely to the Judicatories of Church and State but to all good men throughout the Land Seventhly that as it is true that these who came with the Remonstrance to present it to the Committee of Estates being required if they had any power committed to them to change any thing thereof did plainly declare that though some expressions might be changed yet they had no power to alter any thing in the matter So it is no lesse true that these who did require them if they had any such power being told that they had power to communicate the same unto them before they gave it in to the Committee and to take their advice and assistance therein did not after the reading and hearing thereof professe any dislike of the matter therein contained much lesse did they use any arguments to diswade them from giving it in which gave just ground to the other to think that they did approve thereof they being men of such ripnesse of judgement freedome intimacy and friendlinesse with these who gave it in that they could not but look upon their silence as an approving of their way Eigthly let it be considered whether the Remonstrators or these who were hugged by the Commission of the Church and the Meeting at St. Andrews and Dundee was their best friends and most forward for the Publick Resolutions are this day most tender of the Liberties of Church and State the latter consenting to all the demands of the present power and the former every where refusing as to that which is said to be proved by Mr. John Carstares his Letter to the Lord Register how weakly is this alledged Mr. John Carstares was then a prisoner at Edinburgh the Remonstrators were at Dumfreis the Remonstrance was presented at Striveling he knew not so much as either matter or forme of the Remonstrance till it was presented how then could he give advice therein Or if his Letter was intercepted how could that advice come to their hands that they might hearken thereto If there had been any thing in that Letter that made for his purpose why did not the Author cite the words of it after the intercepting thereof It was shewed to Mr. Robert Dowglas and diverse others and as it did then so if it were needfull to make it publick it would now prove that there was nothing in it of which either Mr. John or my Lord Register needs to be ashamed and it would abundantly confute the calumnies of some and correct the mistakes of others particularly in the thing for which it is alledged VINDICATION SEcondly publick vilifying of Acts of the Generall Assembly as not to be pressed in matters of conscience witnesse Mr. James Guthrie his Speach uttered publickly in the Commission at Striveling where in conference upon the Western Remonstrance when the Moderator did once and again presse the Act of the Generall Assembly approving the close of the Treaty with the King and the Declaration of the same Assembly emitted when the English Army entred the Land against that part of the Remonstrance condemning the close of the Treaty he publickly answered Presse me not with humane constitutions in matters of Conscience all
but neither was that new because the Commission at Edinburgh before the Kings home comming had in a very large Letter to the Commissioners at Holland holden forth their great dis-satisfaction with the Proceedings of that Treaty in many particulars and the Commission at Leith before the defeat at Dumbar had also holden forth the Malignant design that was then carryed on and had given it in as a publick cause of humiliation to the Committee of Estates It is true that the Commission was de facto conveened within eight dayes but as we have already said It was not propable at the time or emitting these cause that it should so have been and I pray the Author or any rationall men soberly to think what motive but the sense of duety and the pressing expediencie of the thing should have induced these Protesters of whom he speaks to be so headstrong and forward to anticipate the Meeting of the Commission seing they had ground to think that the Commission at their Meeting were like to condescend on these things as causes of Gods wrath which was verified thereafter by the approving thereof but the Author tels us that the Commission did both alter somewhat of which I shall afterwards speak and adde some thing to wit a Postscript recommending prayer for the King aswell as mourning for his sins which by the debate that was made against it by Mr. James Guthrie and the Register for the space of half an hour as he sayeth seemed to have been purposely left out and that which the Commission approved was the matter of these causes and not the way of emission wherewith many of the Commission shewed themselves dis-satisfied as a practice without example and a preparative tending to the overthrow of the Government The Commission did indeed adde that postscript concerning prayer for the King against the expediency of which addition to be made at that time Mr. James Guthrie and the Register did for a little debate how the Author should know so exactly the measure of the time I leave it for himself to answer the ground of their so doing was not that which he alledgeth the Register hath many living witnesses that he was no adversary to praying for the King and Mr. James Guthrie having keeped that humiliation publickly in the Congregation at Striveling before the Commission did meet or make any such addition did pray for the King and why should they have opposed that which was their own practice the Author is a little beyond due bounds when he sayeth it seems to have been left out of purpose their debating against the adding of it was because at first they did not conceive that there was any necessity to make an expresse and distinct Article of that more thâ—n of many other things which we were no lesse bound to pray for it being a thing so obvious common and ordinary and that now to adde it was to minister occasion without ground to make others conceive that it had been indeed formerly left out of purpose and so to raise needlâ—â—â—e jealousies and supitions of some as being disaffected to the King Next because they took it to be included in the causes formerly emitted though not expresly yet so as might be memorandum enough for decerning men not to omit it he that mourneth rightly for the Kings sins will also be an intercessor to God for him to bestow upon him the contrary graces and vertues I shall not debate with the Author whether the Commission did approve only the matter or also the way of emission of these causes sure I am they did not condemn the way of emission and if he shall be pleased to look upon the tenour of the Letter that at that time was written by the Commission to the severall Presbyteries wherein these causes are mentioned he will finde something that looks towards an approving of the way of emission as well as of the matter it is true that some of the Commission shewed themselves exceedingly dis-satisfied yea more exceedingly then was fit and beseeming their place and parts or the gravity of such a meeting but they were but some and not many if it was a practice without example it had also a ground without example but if the Author shall be pleased to peruse the Registers of the Church I believe that he shall finde examples of particular Presbyteries sending their advice abroad concerning causes of a publick humiliation and that the members of the Commission in things that were clear and unquestionable and could not admit of a delay have sometimes when they wanted one or two of their Quorum done some things of publick concernment let him look upon the Registers of the Presbyterie of Edinburgh and of the Commission and he will find ir so That it was a preparative tending to the overthrow of government I cannot see when I look upon it as impartially as I can I know that he formerly called it an usurpation and if it had been so there were some ground for this new charge but I trust I have sufficiently vindicated it from usurpation and therefore there is nothing brought that can bear the weight of this But for the discovering of the mistery of all this businesse upon which so great a stresse is laid I desire the Reader to be informed that when these causes of humiliation were first sent abroad one of the Commissioners of the Church who had been imployed in Holland in the matter of the Treaty with the King conceiving that his carriage in that imployment was reflected upon in that article which speaks of the crooked and precipitant wayes that were taken for carrying on the Treaty with the King as one of the causes for which the Land ought to be humbled he did take it so impatiently that not only did he declare that he could not read these causes as they were first emitted and that if they should be read in the Congregation wherein he had charge he behoved to make some Protestation or bear some testimony against them but also when he came te the Commission did sharply chalenge the way of emiting of them the want of an article relating to prayer for the King and that Article concerning the treaty as reflecting upon the carriage of the Commissioners of the Church imployed in Holland in that businesse because the Article as it was first emitted did mention the crooked and precipitant wayes that were taken by sundry for carrying on of the Treaty without restricting the same to our Statesmen therefore for peace sake and to give him satisfaction a Postscript was added to the Letter which was at that time written by the Commission and sent to Prebyteries concerning prayer for the King and the Article concerning the Treaty with the King was some what altered by restricting the sundry that are spoken therein to sundry of our statesmen whereas before it was indefinite and without any such restriction and these are the additions and alterations that he
for constituting one a member of the visible Kirk and sundry other weighty points of the Doctrine and Government of the Church of Scotland are chief causes that have brought the present judgments on the Land which I dare say the presenter of them would never hazarded to have presented had he not known of some good liking of them in some Ministers nay I will say further though the man be understanding as to his station beyond many others yet who ever knows him best and will consider the stile contrivance conceptions in those articles now extant in Print will I doubt not say there hath been the hand of Joab another head and pen in them then his own This by the way that which I would have especially observed in this passage is to what purpose in this place are brought in these unfaithfull men the Prelats who minding their own things c. and all this made an antecedent wherupon is inferred the Protestation against the late Assembly for immediatly it followeth therfore remembring c. whereunto tendeth all this but to bear all in hand that shal happen to read this Protestation that the Brethren that have been lately are opposite to them the professors have been and are treading the steps of these unfaithfull men the Prelats and their mentioned practices a shreud suggestion to say no more against their Brethren many of them not only such as yet they dare not but professe to esteem highly of but even many others whom they despise have been honoured of God to stand constant against the Prelats usurpations for the liberry of Assemblies when few of their accusers have had the honour to have had their hand at the work yea some it may be these from whom the suggestion issued were taking unwarrantable orders from Prelats and doing more too How can honest Christian hearts admit so slanderous a suggestion against so many honest men whose faithfulness integrity honesty constancy in the truth hath been so wel known and sealed by God quis tulerit Graechos I speak not of them all de seditione loquentes if need be it will be easie to discover or rather to name for they are not hidden in the dark the Prelaticall steps that some have trod these years last by-past REVIEW THe first thing which the Author challenges in that passage of the Narrative of the Protestation is the Grammar and Logick of it in relation to antecedence and consâ—quence concerning which he thinks that too great forwardnes to let out indirectly a blow at honest men is made the Protesters somewhat to over see themselves but he spares the clearing of it and not being worth the while till it bâ— câ—eâ—ed these who see it cannot take with it In the next place albeit he professes himself not to be given to be jealous yet It is too great jealousie and prejudice that raises so great a stir about so innocent and harmlesse an expression as this That the faâ—thfall Ministers of Jesus Christ in former times brought the Work of Reformation in Scotland to a great perfection and near conformity to the Word of God What mystery is here have not the like expressions been used heretofore in the Papers and Books of the Relaters and Asserters of Reformation and Government of this Church but saith the Author great and near are here diminishing terms and imports yet somthing to be wanting to perfection and conformity to the patern and therefore he thinks the Brethren would do wel to tel that it were wisdom for every honest professor to enquire what that is that is yet wanting The brethren do tel all honest Professors may be perswaded to believe that they had no wil before them that expression and that they do willingly subscribe to the testimony of a worthy man in this Church whose love unto and estimation of the Work of Reformation is above all exception to wit that the Church of Scotland after the Reformation did by degrees attain to as great perfection both in Doctrine and Discipline as any other Râ—formed Church in Europe But it may be this will not satisfie the Author because his Logick teaches him that by saying great perfection and near conformity they have said lesse then if they had said simply it is come to perfection and conformity To say nothing that the Work of Reformation is capable of a greater grouth in the practicall use of the things that are known and profest and of a discovery of further degrees of light and perswasion in these things Will the Author say that nothing at all no not the least pin or circumstance of perfection conformity with the first patern was then wanting to the work of reformation in Scotland if so we desire him to tell us what kind of power it is that is exercised by the Magistrates and Councels of Burghs then they choose Commissioners to the Generall Assembly and what is the extent of the Doctors Office I ask not these things to cast any blemish on the Work of Reformation which I do willingly acknowledge to be such as may compare with any of the Reformed Churches and in some respect so far as I know hath the pre-eminence but to satisfie the Authors needlesse curiosity these things being considered makes it to appear that these words even when streached upon the tenter-hooks of the Authors nicety do yet bear a convenient and true meaning and that none needs thence to fear a serpent lurking in the bush I acknowledge that it hath been the way of some in these Lands since the Work of Reformation began in them to say that the Work of Reformation in Scotland was a good way on but that there are yet further attainments then it was brought unto but it was apparent from others of their expressions and from the whole tenor of their carriage that they had therein a bad meaning to wit that we should not hold fast the things which we have already nor walk by the same rule but that we should make an alteration and change thereof and therefore there is reason to be jealous over such but to be jealous over these whose expressisions carriage gives no ground for it is but to torment our selves with needlesse fears and to wrong others I have already given some accompt of the Paper presented to the Meeting at Edinburgh which the Author doth here repeat again and shall now adde these few things in answer to some circumstances of his discourse First that Paper was not presented to a Meeting that either really was or did pretend to be the Commission of the Church but onely to a Meeting of Ministers and Professors acting not in the capacity of any Judicatory reall or pretended Secondly that all the Ministers who were there did testifie their dislike of that Paper and even these whom the Author and some others do haply most suspect did seriously disswade from the in-giving of it Thirdly I know not who is the Joab he
length to condemn these things and for the manner of their Actings they acknowledge themselves to be men subject to the like passions with others but knowes no cause why for these the trading of Prelaticall steâ—s should be changed rather upon them thâ—n upon others some in the following of their duty are more emiss and others more forward but as long as they do straitly and honestly own their duty it is hard either because of the one or of the other to charge them with so heavy impuâ—ations VINDICATION WE shall now weigh these reasons whereupon the Protestation is built and which have been added lately as batterages to hold it up surely the grounds whereupon men would adventure on such an Act or others would joyn in approving of it had need to be weighty in themselves and relevant and also clear in mens Consciences To Protest against â—â—r dissent from some particular acts and constitutions of a Gen. Assembly is a thing which may be done without schisme and derogation to the Authority and being of Government but when a Gen. Aâ—sembly it self is protested against and declined as unlawfull and having no authority at all who sees not how sad the consequences must readily be in hat Kirk hardly can it be by any outward means but turne to a fixed schisme which thing how have godly orthodox christian in all ages of the Kirk detested and abhorred choosing rather ever to tollerate great offences which they did see but could not mend rather then to aâ—vide the Kirk of Christ and then it would be seriously considered if the reasons and grounds of such an Act be not clear and relevant how high an attempt it against the Kingly Office of Christ to trample under foot his Supream externall Court in a Nationall Kirk Come we then and ponder the Reasons alleaged for this Protestation and declinature whether they be found weighty or light vincat veritas REVIEW I Shall not stand to discuse the relevancy of all that is asserted in this generall discourse but returns this answer thereunto It seems the Author doth not deny that it is lawful and in some cases necessary to Protest against and decline some Gen. Assemblies and that it would be so in our Hypothesis if the grounds were clear and relevant whatsoever will plead for a Protestation against particular Acts that are wrongthe same greater reason will plead for a Protestation against a wrong constitution because the errour of a wrong constitution is of greater consequence as importing more prejudice to the work and People of God and being a higher attempt against the Kingly Office of Jesus Christ then many wrong acts are and therefore there is the greater reason to prevent the same in Jure where it cannot be done in facto even as men by such like Protestations preserve their Rights jure when by the spate of a declining Judicatory they are like to be oppressed de facto and therefore have Orthodox Christians in all ages born Testimony and Protested against corrupt councels as wel as corrupt acts we shal not go far back to seek instances It is known what the Protestant Church did against the Councel of Trent and how often faithfull men in the Church since the Reformation from Popery have born Testimony and protested against unlawfull Assemblies as well as against unwarrantable acts neither doth it cause schisme in the Church or derogate any thing from the Authority and being of Government to Protest against usurpers corrupters or perverters of it in a false court but it is the lawfull and hath been the usuall mean in this Church blessed unto her of the Lord to prevent and remead schisme and to preserve the Authority and being of Government with the purity and Liberty of all the Ordinances and whatsoever sad consequences can be imagined to follow upon it do lye at the doors of these who by declining from their Principles carries on and cleaves to a corrupt constitution of an Assembly and not on these who adhering to sound Principles do from the conscience of their duty bear Testimony against the same It hath been often and truly said that the side wall which fals and not the gevill which stands is to blame for the rent and ruine of the House I do willingly acknowledge that it is an high attempt against the Kingly Office of Jesus Christ to trample under foot his Supream externall Court in a Nationall Church but as the Protesters are guilty of this high attempt if they have Protested against the Meeting at St. Andrews and Dundee without a cause and upon grounds that are not relevant so if the Authors and abettors of the Publick Resolutions have corrupted this Court in the free and lawfull constitution thereof and have taken upon themselves to be an Assembly whâ—lest they were none then wil they and not the other be found guilty of this high attempt Let us therefore come to the discussing and clearing of the reasons that the Protesters plead for themselves VINDICATION THeir first reason for unfreenesse and unlawfulnesse of the Assembly that the Election of Commissioners to the same was prelimited and prejudged in the due liberty thereof by an Act Letter of their Commission of the last Assembly sent to Presbyteries appointing such Brethren as after Conference remained unsatisfied with and continued to oppose Publick Resolutions to be cited to the Gen. Assembly Thus it is briefly proponed in the Protestation In the late larger paper emitted and spread abroad since wherein as may be conceived are mustered all the Forces that could be gathered together against that Assembly and many heads have been imployed in that one every man that readeth it decerneth whose Pen hath given the forme and frame to it and any decerning man also may perceive in it something of School and something of Law and registers which the former behoved to have from these quarriers It is put in a Sy logistick form thus That it is no free Generall Assembly the Election of whose Commissioners is so prejudged and pre-limited in the due freedom and liberty thereof that many Ministers of Presbyteries in a capacity to be chosen for their ability and faithfulnesse are by the Presbyteries at the order of the Supream Judicatory past by and set aside in the Election and rendred uncapable to be members thereof But the late Meeting is such Therefore c. We wil not follow out foot for foot the tract of many objections which the contrivers of this Paper have either found some way made by others or have formed themselves at their own pleasure against this and other following reasons and their replyes thereunto But shall propone such reasens as we conceive discovers the nullity of these and other reasons not omitting the consideration of any thing contained in this Paper which shall seem to meet with what we shall bring as occasion shall be offered without tying our selves to the order of this Paper For answer then to this
provocations which are great and many they would by this also have been accessory to what the Nation smarts under this day as the righteous reward of such revolting from God and therefore if ye have no more to instance but this it doth not prove but that they may all of them be still called faithfull and honest men Secondly he sayeth Be it so that some were wont to be chosen Commissioners who were not now chosen yet this is litle to the point that Elections was carryed by influence of the Commissions Letter and Act. But granting that Presbyteries did upon that Letter and Act leave their wonted way these years past in thâ—ir Election it is to the point in hand because it is praesumptio juris de jure that this change flowed from the influence that the Letter and Act had upon them the Author seeing somewhat of this intimates another cause that moved that change to wit that the whole Kirk was growing sensible of this thing as dangerous whereby the whole power of Publick Government was near become settled in the persons of some particular men and these but a few as constant Commissioners in which he thinks there will be need to pre-limite Presbyteries that they make not an use of it If the Lord shall be pleased again to grant the Liberty of an Assembly But to say nothing that this was the language which was wont to be spoken by dis-affected men these years past especially dis-affected Ministers who fell under the censures of the Church whose pretences and alleadgeances in this particular have strength added unto them by the Authors asserting the same thing It is non causa pro causa as will appear by these two things First there were a good many of these who were for the Publick Resolutions who had wont to be Commissioners these years past and who had a great some of them a greater swey in Government than the other and yet most if not all of these were chosen also the last year Now if that was the cause which the Author speaks of why did it not bring forth the like effect in regard of both seeing both were alike lyable to that exception Next if the whole Church was so grown in the sense of that evill why did they not provide the remedy at the last Assembly it being in their power so to have done and the Commissioners as the Authors assertion will import having such an impression of the same upon their spirits If the Author will speak his Conscience I think he will not deny but if these men whom he saith to have been excluded upon that ground have been for the Publick Resolutions even these amongst them whom that ground might have been conceived to reach most would have been chosen and admâ—tted Commissioners as well as others If the whole Church was growing sensible of this thing surely the Meeting at St. Andrews did litle regard or expresse it when they choosed one to be their Moderator who not onely had been Moderator of the former Commission whose proceedings were then in question and to be examined but also in many preceding Commissions and Aâ—len biâ—es and who had been a chief Aâ—tor all that while in all these things that concern Publick Government which I speak not to bear any paâ—ticular blame upon him or upon his carriage but to let see that either the whole Church was not growing sensible of this as the Author insinuates or else that hâ—r sense of it in her Representative was let out or holden in upon men according to their judgment and carriage in the Publick Resolutions and so was not the cause of the Presbyteries not choosing such as they were wont to choose Thirdly Thaâ— few opposers were chosen he thinks it is no wonder because they are but few in comparison of the rest of the Ministery of the Land How few soever they were in comparison of thâ— rest of the Ministery in the Land yet these of them who were formerly wont to be chosen Commissioners were not few in respect of the rest of the Commissioners neither yet were they so few as the Author reckons them when he sayeth that four parts of five of the Presbyteries had in them at that time no opposers to the Publick Resolutions nay they were and are still a very considerable number and whensoever an exact calculation shall be made by a particular list of the whole Ministery in the Land and of these who were against the Publick Resolutions at the time of the Elections and of the whole Commissioners of the Assembly at S. Andrews and Dundee I believe it shall be found that the number of Commissioners who were chosen from among these who were against the Publick Resolutions waâ— no way in proportion answerable to the number of the other That some unsatisfied were chosen without another Election and without Protestation even when neither whole Societies were unanimous against the Resolutions not yet the plurality were opposers he doth affirm it but doth not prove it for the instances which he gives of the Commissioners both of the Presbyteâ—y and University of Aberdeen prove nothing lesse For the University the Letter and Act came not to it at least were not read in it and the plurality there were opposers of the Publick Resolutions And for the Presbytery by his own grant there was a Protestation against the opposing Brother who was chosen which was taken up again with much difficulty and by earnest dealing of some of the Brethren opposite to the Publick Resolutions whose desire was condescended unto with condition that their should be a third Commissioner it being in the mean while suggested in private that he who had first appeared in the Protestation against the opposers might be the man which I relate not upon hear-say but upon the subscribed testimony of these who were witnesses to the matter of fact So I hope that nothing against the truth hath been asserted by the Writer in this part of his Answer The Author sayeth in a Parenthesis that dissenting in the enumeration is idlely reckoned up Why he should say so I do not conjecture unlesse that it be he thinks dissenting and protesting the same thing which they are not as appears clearly from an Act of the Assembly 1644. concerning dissent and Protestations in Presbyteries He seems unsatisfied with the Writer that whilst he makes enumeration of elections of Presbyteries divided in judgment some doubted some dissented from or protested against some both wayes that he gives no particular instances of all these sorts but only two and he tells his Reader that he suspects he can give no more or very few But he is suspicious without cause moe can be given and are given by the Writer in that very Paper that the Author is replying to and moe then all these can yet be given if need be And though they were but few this is no great wonder because there was but few Presbyteries did choose
formal authoritative Act requiring them to be referred and cited VINDICATION NOw to our present purpose if ye will compare this Act of the Commission 48 with the Act and Letter of the Commission 51 not in question The Letter will be found much more moderate and sparing for first the Act and Letter of the Commission 51 doth not require the Presbyteries to censure any at all for opposing Publick Resolutions but onely requires them to be referred and cited to the Generall Assembly whereas the other 48 requires that all who did declare in the least against the Resolutions be censured presently sundry being deposed namely for speaking some few words against the Commissions Declarat against the engagement 2. the Act Letter of the Commission requires not as the other duty any to be referred for meer silence nor all that professed themselves unsatisfied with the Publick Resolutions though after conference they remained unsatisfied but only such as make opposition to the Publick Resolutions Yea only such as continued in their opposition obstinate all due means of satisfaction being offered and refused to the hindering people from going forth to the present and necessary defence of the Land and not drawing others from it which at that time was a most evident exposing of the Land without resistance to the power of the Enemy This much to the second Difference hinted at and professed to be past by REVIEW I Desire that in making of this comparison it may be taken notice of that the Commission in the year 1651. had long before the sending of that Letter and Act now upon debate sent to Presbyteries not only Publick Warnings wherein the opposits of Publick Resolutions are characterized as Malignants and holden forth upon the matter as the betrayers of the Cause and Countrey and animating the Civil Magistrate to use Civill Censures against them as shall be afterwards proved from the Papers themselves but also a Letter and Act requiring them to censure such the tenour hereof followeth Reverend and Welbeloved Brethren finding that notwithstanding of our faithfull Warnings and great pains taken to satisfie all men to concur in their places for furthering of the Leavies for defence of Religion King and Kingdome and all other our dearest Interests many are so far from concurring that they do very vehemently go about to obstruct the Work by writing preaching and perswading to the contrary We do therefore require you that you carefully enquire in your Presbyteries what Ministers do preach or otherwise perswade contrary to our present publick and published Resolutions and that you proceed to censure such as are in your own number and if any Minister that travels among you transgresse in that kind let him not be permitted to preach in your bonnds Sic subscribitur Pearth March 20. 1651. It is not then to much purpose to tell us that the Act and Letter of the Commission doth not require the Presbyteries to censure any at all for opposing of Publick Resolutions seeing they had expressely done it long before that time in another Letter and Act sent for that purpose and the second thing wherein he compares them will also be found no wayes considerable if we shall remember that these Warnings of which we spok hath no distinction of such as professe themselves unsatisfied with Publick Resolutions and such as do oppose them but takes in both the one and the other yea and these who are silent too and applys the Acts of former Generall Assemblies against them as is evident from the Warning issued from Pearth March 20 1651. I wish the Author had told us how he differences such as professe themselves unsatisfied and such as oppose Can a man professe himself unsatisfied and even after conference professe himself so and yet be silent and say nothing to the contrary I believe he means not opposition by force but a Ministers declaring his judgment and bearing testimony against the course in his station and calling and how a man should professe himself unsatisfied and not to do this I cannot tell unlesse he should become neutrall and indifferent in the matter of his duty He asserts sundry to have been deposed in the 48. namely for speaking some few words against the Commissions Declaration against the Engagement but doth not let his Reader know who these were and by whom and when they were deposed I do not remember of any neither yet do others who were much imployed about these matters that were deposed by the Commission for speaking against their Declaration against the Engagement before the Assembly 1648. and if he mean it after the Assembly it is not to the purpose Which things make it appear that the Author hath not found the Commission 48 so rigide and severe that he hath any cause to preferre the Commission of the 51 unto them for moderation and sparingnesse though there were no difference upon the matter and in regard of the persons with whom they had to do VINDICATION NOw to the rest insisted on First saith the Paper in the year 48 when a little before the election of Commissioners to the Generall Assembly it was moved by some of the Commission that something might be written to Presbyteries requiring them to choose none but such as were against the Engagement it was opposed and refused by the Commission as favouring a way of pre-limitation of the Assembly and all that was there done was a Letter written to Presbyteries giving them accompt of their proceedings and exhorting them to their duty to choose able and faithful men Answer That more was done in the preceding Generall Assembly we have made it evident But what is all this said here to what was alleadged that the late Commission had done nothing but what the Commission 48 had done before them Did the Commission 51write to Presbyteries requiring them not to choose any against or opposite to their resolutions to be Commissioners not one word more or lesse of this Or did not the Commissions Act 48 bear and import as much as the Act and Letter of the Commission 51 yea as much and more both extensive and intensive as was cleared in the preceeding But you will say as it is in the Paper in the Commission 48 about that time that a motion was made that something should be written to require Presbyteries not to choose any but such c. and was opposed and refused as favouring pre-limittation Answer I will not say who made the motion but I say this is to little purpose for what if I shall say the like motion was made in the Commission 51 and opposed and refused too But further I prove by the Writer of this Paper his grounds what the Commission 48 did upon the matter that which they did was really to pre-limitat Presbyteries that they should choose none but such as if they had written as much to them in formal expresse terms for their Commission required Presbyteries either to refer or upon the matter to
testimony against that Engagement though alas some of these in these late Resolutions have now dissembled it in their words and moe have betrayed it in their actions that what they then did in condemning the Engagement and afterwards approving the solemn Publick Confession of sins and engagement to duties was against their hearts when the Author hath streatched their number to the utmost the most he dare say of it is the great part of whole Presbyteries in some places But these some places that he speaks of were so few that it will be found they will come to a very poor accompt when they shall be named they were so far from being like to amount to any number at the Generall Assembly If he mean of these who were Members of the Assembly that there were few if any at all who did not joyn in approving the Declaration of the Assembly against the Engagement If he mean of these who subscribed the divisive Supplication these were so few that they did not all of them being put together amount to the twentieth part of the Ministery of Scotland and sundry even of these did before the Elections joyn with their Presbyteries and Synods in bearing testimony against the Engagement I will not blame him for his charity to some of these men The Writer did not say that all of them were known to be opposers or neutrall or indifferent in the Work of God from the beginning but spoke indefinitly meaning as I take it of the bulk and generality of them and I believe the Author himself being judge but few instances to the contrary can be given It is true that a great part of the Church of Scotland before the writing of the late Commissions Letter had declared themselves satisfied with the Commissions Resolutions and dissatisfied with the course of the opposers thereof But it is also true that there was a great part of the Church of Scotland who had not declared themselves satisfied with these Resolutions yea a great part who had declared themselves dis-satisfied therewith and it is a wonder to me that the Author should say that count when the Writer will he shall find that the dissenters from the Commission 1648. were not fewer yea not so few as dissenters from the Commission 1651. I hope he is speaking of the Ministeriall Church in regard of both the question now being of pre-limiting the elections and it being to no purpose to speak of any other in regard of these let him name if he can any Synod Presbytery or Kirk-Session in Scotland that did give any testimony or evidence of their dissent from the proceedings of the Commission against the engagement 1648. If he will believe the testimony of the Generall Assembly 1650. the whole Ministery and body of the People in the Land did joyn in their Prayers and Supplications in private and in Publick against the engagement and the Ministers every where in their Sermons did bear clear testimony against it and all the Church Judicatories Synods Presbyteries and Sessions did petition the Parliament against it and another declaration of the same Assembly within a few dayes thereafter in answer to a passage of the Declaration of the English Army tels him somewhat to the same purpose we do not remember say they that any of the Ministers did preach and cry up a war against England and as we know that the body of the Ministery were unanimous and zealous in bearing a joynt testimony both in their Sermons and otherwise against that war so these few that were silent have been censured for their silence and the Committee of Estates at the same time in their Declaration testifie thus Did not all the Judicatories of the Kirk unanimously oppose and declare against it Did not the Ministers faithfully Preach and Pray against it and generally all that feared God in the Land Petition against it and many such Passages are to be found in our Publick Papers from the time of carrying on the engagement yet the Author is so zealous to weaken every thing that the writer saith for differencing that which was done by the Commission 1648. and the Commission 1651. that he had rather retrench upon that which hath been often and truly declared by this Church of their being free of any accession to the unlawfull engagement then not to do it this deserves his second thoughts but upon the other hand beside the generality of these in the land who are of known approven godlinesse and piety and are dis-satisfied with the Publick Resolutions as will I trust be acknowledged by godly men of a contrary mind speaking soberly and without the heat of dispute It is easie to give him some instances of some Synods and of many Prerbyteries besides many particular members in Presbyteries throughout all the corners of the Counrry who were not onely silent in speaking for the Publick Resolutions but who did bear testimony and speak openly against them A thing so wel known that I need not stay to name the particulars but they must stil be few in his catologue we know saith he what the number of these amounted to at their greatest Meeting at Edinburgh of late If he mean that all the Ministers of the Land who are of that judgement were at that Meeting he is much mistaken and if not so it is not much to the purpose there are many Ministers in the Land of that judgement who were not at that Meeting and yet there were very near a hundred Ministers at that Meeting who are approven in the Consciences of the godly throughout the Land He acknowledges that many more of these then of the first were godly men and had been faithfull formerly but their present course at that time being not faithfulnes to the Cause but prejudicial to it and the whole Kirk and Countrey as he thinks they might justly be referred and called before the Assembly as wel as the other It is well that they were godly and such as had been formerly faithfull as for their unfaithfulnesse at that time it is the point in question betwixt them and the Authors and abbettots of the Publick Resolutions they are perswaded in their Consciences and have clearly holden forth the same unto others that they were keeping the ground on which the Church of Scotland did run these many years past for defending the Country and Cause against the enemies thereof and if others did forsake their ground they were not to be esteemed unfaithfull nor to be charged with that crime because they would not leave their Masters Colours I shal not insist upon what he speaks of the tender dealing which they met with because there may be opportunity to speak to this afterwards what is apparent in the Letter and Act of the Commission is already spoken unto VINDICATION THe fourth consideration proponed by the Writer is that the Resolutions then viz. 48 were agreeable to the Covenant Acts and Constitution of former Generall Assemblies whereas the
be chosen Commissioner to the Assembly at least not to sit and vote untill he be tryed and judged for I doubt if he may not be chosen Commissioner if there be not some probable presumptions of the fact But if the scandal be yet controversi indeterminati juris controverted and as yet not a determined case in point of Law by the doctrine of the Kirk I see not but a man cited upon such a ground may be chosen a Commissioner to the Assembly and sit and vote as a Member in other matters except that thereupon he was cited and do remember well that upon this very ground anno 48 upon the putting off of some from the List to be Commissioners to the Assembly who had been referred and cited to the Assembly for silence at that time according to the direction of the then Commission exception was made by some that such persons could not be chosen Commissioners and consequently could not be upon a List This motion was rejected by some judicious and pious affirming indeed that such persons could not well vote in the Assembly until their matter was tryed but that that reference could not hinder them to be upon a List for elections and consequently not from being elected to be Commissioners Now such was the case of the Citation in hand it was upon alleadgeance of scandall as yet controversi juris as to any particular determination thereanent by the publick judgment of the Kirk and therefore both the persons cited and these that ordained them to be cited were to be tryed and judged by the Assembly and for that removed in that particular not only about the fact but also about the matter Juris of Law However if this please not the Writer let him answer what he will for clearing the order of the Commission 48 and it will serve as well the order of the Commission 51. As to any illegality relating to the Constitution of the Assembly for upon the form clearly both were alike except in what wil make for the advantage of the later and as for the matter in both it was alike as to the Generall Assemblies judgment at the time of the Protestation and also in reipsâ which we take upon us to make good REVIEW ALbeit this be more then probable as appears from the constant tenor of the proceedings of Assemblies in the matter of Commissioners which was intimated by the Writer yet I am content to take what the Author gives He distinguishes betwixt a scandal which as to the ground of it is controversi juris a scandall which is determinati juris and makes the scandall of opposing the Publick Resolutions to have been only controversi juris as to any particular determination thereof by the publick judgment of the Kirk and thence infers that the opposers of Publick Resolutions might have been chosen this notwithstanding and admitted to sit as Judges in the Assembly though not in this particular and I offer these particulars hereanent First That by the Authors own grant they are still excluded from sitting as Judges in that particular and therefore as to a competent Judge in this particular which was the main if not the all of the Assembly the Assembly was pre-limited Secondly That this was not a businesse which was controversi juris but as clearly determinati juris as any thing could be I mean that the opposing of the Publick Resolutions was no fault but a duty clearly determined by the Church of Scotland I confesse men may question any thing even the clearest truths but there is no case oftener or more clearly determined by this Kirk then that of the unwarrantablenesse of joyning in Counsel or Arms with the Malignant Party for the defence of the Cause and Kingdome and of the obligation that lyeth upon Ministers especially to bear testimony against the same and therefore a notable injury was done and a grosse pre-limitation committed by citing them upon that accompt Thirdly suppose it had not yet been determinati juris as to the publick judgment of the Church in an Assembly yet as to the judgment of the Commission and Presbyteries who did hear and obey them it was determinati juris and men were excluded from Elections and cited to the Assembly there-upon as upon a thing that was determinati juris Therfore as there was thereby a pre-limitation in regard of these who though they were chosen yet could not sit in that particular because of the Citation so also in regard of others who were therby excluded from being chosen 4. If this scandal was not Determinati Juris by the Publick Judgment of the Church the Author would let us know why the Commission in their Warnings at Perth March 20 by applying many former Acts and Remonstrances of Gen. Assemblies against it do define it to be so And what Warrant the Commission had by their trust from the Gen. Assembly not only to declare the opposers of their Resolutions to be guilty of practices leading to encourage the hearts and strenthen the hands of Enemies in prosecuting their wicked purposes to make faint the hearts and feeble the hands of Gods People and to seduce their minds with devisive and separating Counsels and Principles and thereupon not only to require Presbyteries to censure them but also to stir up the Civil Magistrate against them Surely if the Commission did all this without any Publick Judgment of the Kirk that is of former General Assemblies defining these things to be scandal they did as to these things act without a Commission and without Authority and were beyond their bounds and led with no spirit of tenderness The Author did a little while agoe seem to say That the Commission had no power to cite or to censure the opposers of any Resolutions made by themselves and yet here he tels that these things as to the Publick Judgement of the Kirk were controversi juris And if so they were as yet but Resolutions of their own and they had no power to cite or censure any or to give Order to cite or censure any for opposing thereof That the Publick Resolutions were controversi and not determinati juris by the publick judgement of the Kirk That the Commission had no power for citing or censuring any Opposing Resolutions made by themselves That they gave Order to Presbyteries to censure and cite the opposers of Publick Resolutions are things that I cannot reconcile I wil not say but the Authors ingyne may find a shift but if he extricate these things to the clear capacity of plain and ordinary understandings is more then at present my weak eyes do see As for that he tells us concerning the rejecting the motion of putting off of some from the List to be Commissioners who had been referred and cited to the Assembly in the year 1648. I can say little to it as not knowing it nor the circumstances therof I beleeve it be an instance of a particular person in a
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 Buâ—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 kâ—pt back by violence from without â—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
date of their first Session with the date of the Papers after mentioned the Committee of Estates for the Parliament was adjourned a good while ere then as is evident from the printed Acts therof hearing that the Assembly were now gone a good length in the tryal of the proceedings of the Commission sent in the Earle of Gâ—encarn the Treasurer-Depute and Archibald Sydeserf to the Assemblie with a Paper wherein they did desire 1. That the Assembly would be pleased to appoint some of their number to meet with such as should be appointed by the Committee of Estates for composing of mis-understandings betwixt Kirk and State and for clearing the Marches betwixt the Civil and the Eclesiastick Power and these Questions which had been debated betwixt the PARLIAMENT and the COMMISSIONERS of the GEN. ASSEMBLY 2. That they would be pleased to forbear the emitting of any Declaration either to this Kingdom or the Kingdom of England relating to the then Engagement and proceedings 3. That before the General Assembly did proceed to any approbation of the actions of the Commissioners of the former Assemblies that in these things which might relate to the then Engagement and to these Questions that had been debated betwixt the Parliament and them they might be first heard In order to these desires there passed several Papers betwixt the General Assembly and the Committee of Estates But in none of these is there any Exception propounded by the Committee of Estates against any of the Commissioners of the former Assemblies nor any desire thereupon that they might be removed until these Exceptions should be tryed and discussed But all the Objections and Exceptions they speak of is Objections Exceptions against the proceedings of the Commission in reference to the Engagement which though they were a good while waited for and again and again desired yet did not the Committee of Estates offer one tittle of particular Objection or Exception against the proceedings of the Commission in the matter of the Engagement before the tryal and approbation of these proceedings by the General Assembly much less did they offer any Objection or Exception against the Members of the Commission who were Members of the Assembly The Committee of Estates did afterwards print and publish very sharp and reflecting Papers against that Assembly and their Declaration wherein as was probably conceived they had the help or some very able Ministers and Lawyers and yet in all these they do not so much as once insinuate any thing of this kind that they did propound such an Exception against the Members of the Commission who were Members of that Assembly which doubtless they would not have omitted if any such thing had been But if the Author will not trust none of these things which if need were can be attested by many who were eye ear witnesses therto To the effect that there be no place for gainsaying in this matter I have set down after the close of this Review the true Copy of the Papers that past betwixt the Committee of Estates and the General Assembly at that time in that business extracted faithfully out of the Registers of the Committee of Estates against which no flying report that he hath heard and taken impression from can bear any weight That Mystery of Iniquity which the Author supposes to have found against all the late Gen. Assemblies of this Church is but a Mystery of his own very groundless and uncharitable fansie wherein he may haply please himself but brings no edification to his Readers nor advantage to his Cause thereby It were better for him to be exercised in discovering true Mysteries of Iniquity which are nearer home and as yet a vail to his eyes then thus to stretch his ingyne and spend his time to find a knot in a Rush But what is that Mystery The Writer tels us saith he of one Act made anno 1601. and renewed anno 1648. and saith That it doth necessarily infer that the Commissioners of a former Assembly should not be admitted as Members of a succeeding Assembly though there be no scandal nor exception propounded upon their proceedings until they be tryed much less when a scandal or except on is propounded This saith the Author is a fair blow by one stroke given to the late constitutions of all the Assemblies of this Church Posterior to that Assembly at Glasgow without exception and most of all to the Assembly 48. for in all of them Commissioners of the preceding Assemblies respective have been admitted to sit as Members before their proceeeings were tryed and judged and in that Assembly 1648. they were admitted to sit notwithstanding exceptions being made against their sitting by the Supream Civil Power of the Land But if this be candid and concludent reasoning I desire leave of him to discover another Mysterie of Iniquity in his own words before he close this purpose that gives as great a blow to all the late Constitutions of all the Assemblies of this Church since the 38. none excepted his words are these I confess that thus much may be inserted by one sticking precisely to the Letter of the Act That after the Assembly is constituted the handling all other matters should be suspended until the Commissioners proceedings be tryed and put to a point during which tryal the Commissioners that are Members vi materiae must be removed because the same persons cannot try their own proceedings But so it is that though the Letter of the Act and vis materiae do infer these things yet after the constituting of the Assembly Commissioners of all the preceding Assemblies respective since the 38. have been admitted to sit as Members of the Assembly before the tryal and discussing of their proceedings Therfore there is one Mystery of Iniquity in the Authors words which pulls down all these Assemblies of the Church What Mystery of Iniquity imaginable that reaches unto the pulling down of the Assemblies can be found in the Writers words but this That these Acts 1601. 1648. do cross the ordinary practice of all these Assemblies in this particular concerning the trying and discussing of the proceedings of the Commissioners or that the proceeding of all these Assemblies in this particular have not been agreable unto but dissonant from the Rule holden forth in these Acts And doth not the Author yeeld That both by the Letter of the Act and vi materiae that they ought to have been removed But so have they not been in any of these Assemblies before the judging of their proceedings Doth not then that Mystery of Iniquity work in him as well as in the Writer But he tels us that it cannot be inferred from thence that they may not be admitted in any waies to be Members of the Assembly not so much as to vote in the Election of a Moderator which was the thing required by the Protesters if he had dealt fairly he should have said which is the thing inferred by the Writer but
provision That none should be admitted to places of power and trust but such as are qualified positively according to the rule of the Word of God in that case holden forth in our Solemn Engagement To passe by the way of carrying of it which was palpable and obvious to the whole Land was not added until the Forces were almost compleatly leavied and the bulk of the Malignant Party brought into employment and places of power and trust in the Army The second Item ordaining Presbyteries to proceed with persons formerly guilty of malignant courses for admission of them into Publick repentance in a way conform to the rules set down by the Generall Assembly for admitting such upon testimonies from Presbyteries bearing satisfaction given by then conform to these rules was not at all included in the Commissions answer neither was there so much of it as one word in that large Warning of the 7. of Jan. 1651. emitted by the Commission for strengthening of that Answer and when anything of that kind in latter Warnings Acts and Letters came to be added was alwayes holden forth but as expedient in order to the employing of these men but never was pressed in any of these Papers as a necessary duty to exclude all these from being employed for defence of the Cause and Kingdom who did not give evidence of their repentance according to the Acts of the Generall Assembly nay it could not be so pressed unlesse they had destroyed the foundation which they had laid in their answer to the Quaere and in that Warning The truth is what was done in the matter of repentance in order to the employing these men was upon the stumbling and out-crying of many against the Publick Resolutions as they came first forth and yet so as the first ground was alwayes holden fast as to the matter of judgment and for practice the businesse was hereby rather made worse before the Lord and to the point of guiltinesse then it was before The Commission not only ranversing former Acts made by themselves for excluding these from the Sacrament of the Lords Supper who were in the rebellion after Dumbar till the next Generall Assembly and making new Acts for receiving of them but receiving promiscuously such as came unto them and by their example teaching Presbyteries to do the like by which was produced a fearfull mocking of the Ordinance of God in publick Repentance which no doubt hath been one of the provoking causes of the Lords wrath to draw on these dreadfull stroaks wherewith he hath again smitten our Armies and our whole Land But to the hypothesis it self granting to the Author that which he alleadges that this hypothesis was not clear at the time of the Protestation because as yet there was not any particular determination thereanent in former Generall Assemblies First I doubt of that assertion of his That when an imputation of scandall depends upon a particular hypothesis which at least is questionable and the very point in controversie betwixt them and their accusers it is against all reason and equity that they should be holden to be under a presumption of scandall untill that particular hypothesis be discussed and cleared and therefore untill that be done the adversaries alleadgeance against them is to be held but as a meer alleadgeance upon which they are not to be excluded from sitting as Members in the Assembly until their cause be judged and tryed I suppose that some Commissioners to the Assembly should object against other Commissioners that had comitted murder and should offer instantly to verifie the same and desire that the persons against whom it is propounded should be removed from sitting as Members until it migbt be tryed and they in the mean time should say that it was true they had taken the life of such persons but in their own just and necessary defence and therefore they could not be holden under a scandal of murder nor be thereupon removed from sitting in the Assembly till that particular Hypothesis were first determined Would the Author think it a wrong done to these persons or rather a duty in reference to the constitution of the Assembly to remove them tâ—â—l the matter should be cognosced upon 2. I do affirm That not only former Assemblies but the Assembly 1651. did remove Commissioners upon Exceptions propounded against them the grounds wherof was not yet clearly determined in Law for instance The Commissioners of the first Election of the Presbyterie of GLASGOVV who were laid aside as for other Reasons so also for this as one in foro controdictorio sustained to be relevant because of the Exception of the opposing of Publick Resolutions propounded against them Next Mr. Robert Cauden Commissioner from the Presbytery of Dunce was removed upon the propounding of this exception that there were but three or four Ministers in that Presbyterie to chuse Commissioners all the rest of the Churches thereof being vacant and can any Determination of this Kirk be produced that three or four Ministers in a Presbytery where the rest of the Churches of that Presbytery are vacant cannot chuse Commissioners to the General Assembly 3. I do upon the ground which the Author himself laies down prove the carriage of the Commissioners to have been scandalous and such as did minister just ground of excepting against them why they should not sit as Members in the Generall Assembly till their carriage should be first tried my Argument is this Whosoever Commissioners of the General Assembly being in their trust and carriage in the Publick Affairs of the Kirk limited and tyed to proceed according to Acts of former General Assemblies does upon the accompt of the discharge of their trust declare many godly Ministers in the Church of Scotland till then of unquestionable integrity and faithfulness in the work of GOD to be Malignants and unfaithful in the cause c. and requires Presbyteries to censure them and to refer and cite them to the General Assembly because of their opposing of Resolutions taken and issued by them concerning which there is no particular Determination in any former Assembly They give scandal and offence in the discharge of their trust and may justly because thereof be excepted against as not fit to sit in the General Assembly as Members thereof before their carriage be tryed But the Commissioners of the Assembly 1651. who were Members of the Commission were such Ergo c. The assumption is clear the matters of fact contained therein being evident from their own Papers and that they were not warranted by any Act of the Assembly so to do is the Authors own ground The first Proposition I prove thus Whosoever so far transgresses the bounds of their Commission as upon the accompt thereof to declare many formerly faithful to be Malignants unfaithful and ordains them to be censured and cited when they have no warrant thereby so to do gives scandal and offence in the discharge of their trust But the Commissioners by
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 onely 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 hâ— haâ—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 â—n point de jure is cleaâ—y and unquestionably a scandall 2. For the fact in a manner universalâ—y uncontrolled eâ—â—her by the pâ—â—ty or any that hath best or nearest notice of his actions in the present case saith he both â—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 Commissioneâ—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 imbecillesque 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
none of them is subjoyned to that Coppy of his Vindication which is come to my hands But upon supposal that it was as he saith of which yet he seems not to be very confident and therefore afterwards helps himself with his wonted word That it was not for differing from the publick resolutions simply or meerly what better is it then it was Did not all the Assembly to whom that Letter was written and that Speech spoken know that the opposing of Leavies and weakning the hands of the Kingdom and strengthning the hands of the Enemy which was meant of was Preaching and bearing Testimony against the publick Resolutions neither doth it take off the difficulty That it was joyned with expressions of earnest desire to endeavour by all fair means to gain them These desires could very well stand with incitations to Censures and that whatever was the way of proponing whether by way of meer desire as the Author alleadges or otherwayes yet was it not without threatning speeches upon the matter of which I am content that Judgment may be given by the Letter and Speech themselves He dare affirm That in Speaking Voting about these Resolutions there was as great Freedom and Liberty as was in Assemblies these years past yea more then was in some of them but in this he is too daring Was there any Assembly these years past that had so many bonds and restraints upon them as we have already instanced all that he instances is That some of these who accuses this Assembly of the want of Freedom and Liberty have in other Assemblies endeavoured to carry matters with strong hand calling down with sharp reflections and flouting such as any way dared to speak and vote in a different way from them For proof of this he gives us It is well known and the acknowledgment of some of themselves in their late Confessions I think indeed that it is wel known that too often in most of our Kirk Judicatories there was in most men that sate therein too much of a carnal Spirit and too little of the sober holy grave spiritual meek way of the holy Ghost And some of these men have as to their own carriage in Judicatories acknowledged this and are indeed convinced of it before the Lord desiring mercy in his sight and grace That if ever it shall be again allowed them to sit in Judicatories there may be more of the beauty and image of the Lord upon them and their way But that they cryed down such with sharp reflections and flouting as dared to speak or vote otherwayes then they did is that which no man is able to make good which I tâ—ow their own consciences doth not accuse them of haply some would have expected that the Author would have spared to have reflected upon these persons in their confessions seeing he is a man subject to the like Passions that others be and I doubt not to the same convictions and confessions upon them His defence of the Kings Letter is such that I fear shall satisfie few 1. He repeats that it was not therin desired to censure any for differing from the publick resolutions simply to what I have spoken already Next it is but a subterfuge which he saith That it was not desired that the Assembly should censure them without trying or approving their resolutions but the King supposing them to be right and just in themselves and after the Assembly should after due triall finde them to be such desired that such as had opposed them howbeit it could not be but to the prejudice of the defence of the Cause and Kingdom might be dealt with to be reclaimed or if that could not be obtained censured There is nothing here for answering what is alleadged by the Writer to wit that the Assembly whilest they had not yet medled with the publick resolutions and had not found them right were stirred up to censure these that could not be reclaimed from them and taking it as the Author doth alleadge That the King did suppose them to be right and withall that he spake nothing to the Assembly to allow a fair hearing to these of a contrary minde or to search whither they were right or wrong It saith that the Kings Letter did contain a clear intimation of his minde to the Assembly not only in order to these who should continue to oppose or could not be reclaimed but also in order to these who should vote pro or contra in the Assembly that Letter and that Speech were but an expresse of the Commissions Warnings and Acts and Acts of Parliament made there anent in order to the furthering the execution thereof by getting them backed with a new Act of the Assembly to the same purpose as afterwards they were I cannot well decern whither the parenthesis cast in by the Author in these words howbeit it could not be but to the prejudice of the defence of the Cause and Kingdom be cited by him as the Kings words or interlined as his own and therefore shall not give judgement of them 2. His next defence That the King was bound by the Treaty to follow the advice of the Commission of the Kirk in matters Ecclesiastick in intervalls of Assemblies which he looseth himself by acknowledging that he should have used his judgement of discretion upon any resolutions given him by the Commission but because the Author interlaces in order to this severall particulars therefore in answer to what he saith in this part of his defence I offer these things First That there is nothing here spoken by the Author that makes for the vindication of the Kings Letter It speaks indeed to the vindicating at least to the excusing of the King himself in writing such a Letter because he was advised by the Commissions as to the publick Resolutions but that doth not say that the Letter did not contain such things as were apt to hinder liberty of voting in the Assembly Secondly I acknowledge that the King was indeed in a right ticklish condition But who had put him in that condition but the Authors and Abettors of the Publick Resolutions who after an expresse Article of the Treaty for removing of Malignants from him and expresse desires from the Generall Assembly and their Commission renewed again and again and expresse Answers to the Quaere proponed by himself of bringing in the Malignant Party In the negative did advise him to imploy and bring in that Party for his own defence and the defence of the Cause and Kingdom Thirdly As to the peremptorinesse of some to have in that condition in the Articles of the Treaty I know it not but though it was so it was no more then his Predecessors was used to be tyed unto before the Reformation in the old Oath of Coronation and which his own Father had condescended unto in the Treaty at the Bricks as appears in the Acts of the Assemblies and the Acts of Parliament 1639 and 1640. Forthly
notice of that which he saith that supposing as the Writer doth that nothing was wrong in the point of forme that there is nothing in the matter that will justifie the deed of the Protesters because they protested against the lawfulnesse of the Assembly when as it had not come to any of these Proceedings which the Writer alleadgeth to be wrong on the matter in this the Author is mistaken because the rejecting of relevant exceptions proponed against sundry of the Commissioners both before and after the chosing of the Moderator was wrong on the matter being prejudiciall to the right Constitution of the Assembly and a preparative to the justifying of the Commissioners Proceedings Thirdly I would have him to know that the Writer by these some whom he speaks of doth not mean any of the Protesters themselves though the Authority of some of them be of as great weight in the Protestant Churches as any of the Divines of this age and being prior to the Protestation needs not nor ought not to be looked upon as the testimony of a party but he means som Orthodox Writers and these of chief not in the Protestant Churches whom as I conceive he thought he needed not to name as having no great purpose to insist much upon the businesse But for the Authors satisfaction and the satisfaction of others I shall name some First Calvin writing upon the 23. of the Acts hath these words Nascitur quaestio si honore non est privandus qui malè officio fungitur peccavit Paulus Pontificem honore spolians Responsio Inter Magistratus Civiles Ecclesiae Praesules aliquid est discriminis quamvis enim Civilis Imperii confusa sit perversaque administratio Dominus tamen vult subjectionem salvam munere sed ubi spirituale regimen degenerat solvuntur piorum conscientiae ne injustae dominationi pareant praesertim si impii Sacerdotii titulum falso ad evertendam salutis doctrinam praetexant sibique dominationem arrogant qua ipse Deus in ordinem cogitur And Paraeus upon the same place moves the same Question and gives Answer to it in these words Non sequitur à Magistratu Politico ad Ecclesiasticum quia magna est dissimilitudo magistratus politicus potest esse magistratus quamvis sit impius ideoque ei obtemperandum quoad non praecipit quid impium sed Ministri Ecclesiae deficientes à puritate doctrinae spargentet falsa dogmata jam non amplius sunt Ministri Christi Paulus Magistratum quamvis impium agnoscit pro Magistratu Impium vero pontificem non agnoscit pro pontifice He will also finde moe writing upon that place speaking to the same purpose as also upon the 2. Cor. 10.8 and 13.8 and 10. It is not now my purpose to fall upon the consideration of the extent of the meaning of those Divines in these places it is enough that I give him their testimonies speaking as much clearly as the Writer said they did 4. I doubt if for any thing that is said by the Author this exception will be found so dangerous and 〈…〉 First He thinks that it is to open a wide gap to confusion inferring that absurd consequence that that Assembly is not compleatly constitute in the being of an Assembly till all the Acts of it be concluded and ended and that till it be concluded no man can acknowledge nor submit to it but with a reserve The reason of this consequence must be because haply in the close they may make an Act wrong upon the matter which one Act nullifies the Assembly though they had done all other things well but so said not the Writer neither can any such thing rationally be gathered from his words the most that he insinuates iâ— that an Assembly proceeding wholly wrong upon the matter or in the most substantiall and materiall things or in the rules of its constitutions of greatest concernment or as that so far as an Assembly proceeds wrong upon the matter it is so far without authority as appears from his own words in the inference which he makes from the power which the Commissioners have committed unto them by their Presbyteries and from the Conclusion that he makes in order to the Assembly now in question to wit That they having in most of all and the most material of their proceeding proceeded contrary to the trust committed unto them by Presbyteries It furnisheth another considerable reason for declining of them Secondly He thinks that it will also infer the nullity of Presbyteries and make Ministers no Ministers if they shall proceed wrong upon the matter which no man will not see to be contrary to the practice of Christ and his Apostles in relation to the Priests and Church-Judicatories among the Jewes whilst they were a Church But to say nothing of the difference between Ministers Parliaments and Assemblies the one being ordinary and fixed the other not so the most that it would infer would be this That in so far as they proceed wrong or that if in the most substantiall and materiall parts of their duty they proceed wrong upon the matter their authority is not to be acknowledged and this seems not a very dangerous consequence Thirdly He thinks this contrary to the judgment of the Assembly of Glasgow concerning which he thinks it remarkable that in declaring the nullity of some preceding Assemblies they do never take an Argument from the matter to prove the nullity of them whilst yet saith he there was very fair occasion to have done it if that the Assembly had been in the Writers mind The Writer hath not yet positively declared his mind in this matter But the Author upon second thoughts will find his remark concerning the Assembly of Glasgow not well grounded because that Assembly in proving the nullity of some preceding Assemblies do reason not only from the form but also from the matter or grounds of their proceeding in their Acts as appears in the last reason brought for nullifying the Assembly at Pearth which is this That the ground of their proceeding was not the Word of God the Confession of Faith and Acts of former Generall Assemblies but the Kings Commandment onely For the question was thus stated whether the Five Articles in respect of his Majesties Commandment should pass in Act or not as the Records of that pretended Assembly bear where it is declared That for the reverence and respect which they bear to his Majesties Royal Command they do agree to the foresaid Articles And that the Church of Scotland had respect to the matter as well as to the form in annulling these Assemblies is manifest from that notable Act at Edinburgh in the year 1639. concerning the causes and remedies of the bygone evils of this Kirk in which the fifth Cause is declared to be the keeping and authorizing corrupt Assemblies at Lithgow 1606 and 16â—8 at Glasgow 1610 at Aberdeen 1616 at St. Andrews 2617 at Pearth 1618 which Assemblies are declared
and required the Commission to make report to them what effect their dealing with their brethren should take The Commissioners accordingly having met at St. Andrews and having had a Conference with these Brethren having found by their own acknowledgment that in Publick they had practised against Publick Resolutions in private had given to some persons as they said asking their advice resolution that it was not lawfull to continue in that service being in such a conjunction as the Resolutions carried First they laboured to give them satisfaction about their resolutions but having effectuated nothing therein at last they dealt with them in most earnestnesse and tenderness both publickly and privatly to give assurance that they would not proceed to do or speak any thing in their Publick Doctrine or in private to the hindering and obstructing of the Leavies which were going on according to the Resolutions or might tend to the moving of any of the Garrison to quite their charge which they refused peremptorily to do and so departed home from the Conference The Commission having sent a meer report and narration rei gestae without more or less to the Committee of Estates according as they were required the Committee required these Brethren by Letter to come to Perth that some course might be taken in relation to them for securing the Garrison of Sterlin from danger The Brethren having come to Perth but not at the first Diet appointed to them the Committee required them to attend at Perth or at Dundee untill the Kings return from Aberdeen that there might be a more ful Meeting of the Committee a great part of the most considerable members thereof being with him after the Kings return a Paper being sent in by the Committee of Estates to the Commission of the Kirk requiring the Commissions advice as about other Passages that had passed between them and these Brethren what should be done with these Brethren in relation to securing of the Garrison of Sterline the Commission declared in their answer as to this they could not take upon them to determine the matter being meerly Civil but that they desired and expected that the Committee would deal with them in tendernesse and respect as being Ministers of the Gospel this is the truth of the businesse in sum so it doth appear evidently that the Civill Magistrate did confine them as they are so pleased to term it neither being stirred up thereunto by the Commissioners nor yet upon their accompt of meer difference from the Commission and Publick Resolutions but upon the accompt of their active opposing of their Resolutions to the obstruction of the Leavies and endangering the Garrison and their refusing to desist from that opposition but neither must it be forgotten here what was the time of that confinment as the Writer termeth it and compearing of these Brethren before the Committee If the Writer be ignorant of it let him know it was this Mr. Robert Dowglas and Mr. James Wood being dealt with by some of these Brethrens intimate friends to interceed with the Parliament that was then conveened to passe from calling them further did readily undertake it obtained their desire so that they were dismissed presently and then one of these Brethren came and acknowledged to these two their kindnesse done in their behalfe yet now in the Protestation and in this second Paper it is requited with a slander that they with other Commissioners stirred up the Civill Magistrate against them for differing from Publick Resolutions REVIEW BEfore the Author come to answer the next ground of the Protestation he takes notice of somethings and but of somethings passing by many others spoken of by the Writer in his answer concerning the Commissioners their stedfastnesse and falling off from it To which I reply that though it may be true that some of them have been stedfast in the Truth Cause of God when others whom he calls their accusers knew it not that will neither justifie the one nor condemn the other In the things of God it doth sometimes fall out that the first are last and the last first though yet if he make an impartiall reckoning I believe that neither he nor his party have reason to prefer themselves before the Protesters for men of integrity and old standing in the Cause of God nor yet to boast themselves as though there were none among them who had but lately come to know the Cause of God I hope no Protester doth or shall envy some of these mens giving testimony of their stedfastnesse for the time to come in their sufferings The Lord fit them all his people so to do But it is not enough for the Author to speak thus promisingly of them unles upon his may bees he do also prognosticat evil of others He tels us that when some of these accusers it may be wil be found tampering or already are tampering about or devising glosses how they may with some colour shufle themselvs loose from Articles of the Covenant some of them wil give testimony of their stedfastnes in it This measure wherewith the Author repayeth the Protesters is more then an eye for an eye and a tooth for a tooth they did not except against the Commissioners upon may bees but upon things really and already done and to his may be I say That though this be a hour of temptation wherein many turn aside both to the left hand and to the right yet I hope that by the Lords grace the generality of those who have born testimony against the Publick Resolutions shal be found among the most stedfast in the Land in the Covenant and Cause of God What if I should tell him that it may be when opposers of Publick Resolutions are keeping their integrity and cleaving to the Covenant some men of no small note who have been and still are zealous for these Resolutions will be licking up the vomite of Malignancy and Prelacy or if that be to fish too far before the net I am content to appeal to himself who are the greatest tamperers of this time whether the followers of the Publick Resolutions or the opposers of them I do not resolve to deny an honourable testimony to not a few of these who are for the Publick Resolutions in their love unto and stedfastnes in and zeal for the truth in other things nor yet to justifie the turnings aside of others who have been opposers of the Publick Resolutions yet I think it will not be questioned that the generality of these who have given up the Interests both of Church State into the hands of strangers are such as were affectionatly zealous for the publick resolutions which is too probable an evidence that their professions of Repentance the last year and of zeal for the Covenant and work of Reformation and of love to the King and of desire to preserve our Liberties were not straight and upright and that the Commission of the Church who
after so many experiences of their turning aside did trust them and were instrumentall to imploy them in defence of the Cause and Kingdom hath cause to think that they were a little too credulous I shal not insist upon what the Author saith of the Writers never being able to prove what he asserts anent the Commissioners their making defection This as to the matter of the Publick Resolutions hath been sufficiently proven either by him or others and needs not here to be repeated Therefore I come to what he brings in answer to these things which are brought by the 〈…〉 that there was not liberty of free voting in the Assembly The Writer for proving this alleadges that the Commission had stirred up the civill Magistrate against such as did differ from them in the Publick Resolutions in their Warnings and Remonstrances This the Author denyes as being contrary to truth and calls for proof of it out of these Warnings and Remonstrances These Warnings and Remonstrances being Publick and common I conceive that the Writer thought it not needful to cite the places nor to insist much upon proof of the business other ways then in instancing the reall effects of it but because he desires evidence from these Papers he shall have it 1. The Commission in their short exhortation to the Ministers and Professors of this Kirk March 20. 1651. expresse themselves thus in order to these who are unsatisfied with or do oppose the Publick Resolutions The Conscience of our duty according to the trust committed to us and the carriage of some who either opprest with a lethargy ly stil or seased upon by a benumming coldnes move slowly or carried about with the winde of strange Doctrine as children are tossed to fro move contrarily doth constrain us to lift up our voices from the watch tower whereon we are set to give Warning to the Professors Ministers throughout the Land to wacken them up to their duty as they would avoid the displeasure of the Almighty and escape the deserved punishments and censures which may be inflicted by Judicatories Civill and Ecclesiastick respective upon dificients in and Delinquents against duty according to the degree of their offence and again in the same Warning having applied the charecter of Malignants to such as through dissatisfaction with Publick Resolutions were silent or did oppose they use these words we wish it may be the care of all to shun the ways that may bring them under these foul charecters and wherby they may run themselves under the hazard of the displeasure of God and the censures of the Church and no doubt of civil punishments also to be inflicted by the State From these passages these two things are manifest 1. That in the judgement of the Commission deficiency in the Publick Resolutions by not moving at all or slow moving or contrary moving was deservably lyable to punishment by the Civill Magistrate 2. That they did make no doubt but that civill punishment would be inflicted by the State To these two things adde That this exhortation and Warning is directed to all the Ministers and Professors of this Kirk and so to the civil Magistrat among others in their place station yea no doubt before the emitting thereof it was by way of correspondencie according to the constant custome kept in these things communicated unto the State let any indifferent man then judge whether this be not a stirring up of the Civill Magistrate against them when it is declared to the Civill Magistrate in a publick exhortation and Warning to duty that punishment from the Civill Magistrat is by these men deserved and that the State will no doubt inflict that civil punishment in answering the instances of the Civil Magistrate his Proceeding accordingly The one of them to wit their making of Lawes and Acts of Parliament appointing such to be proceeded against as enemies to Religion and to the Kingdom he doth not so much as once touch and the other concerning the confining the Ministers of Sterline he doth in many things mince and pervert therefore for informing of the Readers and justifying of what is said by the Writer in this particular I shal shortly and truly set down the matter of fact so far as is needfull and make some remarks upon what the Author saith in this businâ—sse First to the matter of fact it was thus After that the Ministers of Sterline did return to their stations from the Conference with the Commission at St. Andrews the Committee of Estates being informed by the Commission of the result of that Conference and hearing that the Ministers of Sterline did continue to Preach against the Publick Resolutions did resolve upon a Letter containing a citation to come to Perth to be written from the Committee to these Ministers which being past and approven in the Committee was immediatly thereafter by some of their number communicated to the Commission of the Kirk to whom it was publickly read without so much as the least signification made by them of their dislike thereof which did clearly enough import their approbation of the same because it was the custome of the Commission these years past when any thing was communicated unto them by the Parliament or Committee of Estates with which they were not satisfied either to represent their dissatisfaction in a humble way by Writing or else to desire a Conference thereupon and when they were silent it was always exponed to import their satisfaction This Letter being dispatched from Perth where the Committee of Estates then sate to the Ministers of Sterline it came not to their hands before the Tuesday at night notwithstanding that it had been writen a good many dayes before and that it did require them to compear before the Committee the next day after recept thereof The one of the Ministers being somewhat sickly answer was returned from both to the Lord Chancelor President of the Committee that by reason of his weaknesse they could not well keep the Diet mentioned in the Letter but that in the case of his being able to travell both of them should be at Perth that week or that if he could not travell the other should come without fail and intreating the Lord Chancelor to make their excuse to the Committee and that it might not be interpreted as any sign of dis-respect or disobedience that they did not come instantly upon the recept of the Letter seing the one of them was not at that time able to travell This Letter being communicated by the Lord Chancelor to the Committee upon the Thursday they were pleased notwithstanding thereof and before the comming or hearing of these Ministers to order another Letter to be sent unto them ordaining them to come to Perth before the next Saturnday at night and to stay there or at Dundee til the Kings return from Aberdeen whether he was then going before this second Letter came to their hands these Ministers came to Perth upon