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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A85789	The nullity of the pretended-assembly at Saint Andrews & Dundee: wherein are contained, the representation for adjournment, the protestation & reasons therof. Together with a review and examination of the Vindication of the said p. assembly. Hereunto is subjoyned the solemn acknowledgment of sins, and engagement to duties, made and taken by the nobility, gentry, burroughs, ministry, and commonalty, in the year 1648. when the Covenant was renewed. With sundry other papers, related unto in the foresaid review.	Guthrie, James, 1612?-1661.; Wood, James, 1608-1664.	1652 (1652)	Wing G2263; Wing W3400; Thomason E688_13; ESTC R202246	280,404	351

to the hands of the English by these who had slandered these Ministers as compliers with them and had been instrumental upon the accompt of their opposing the Publick Resolutions to drive them from their stations 3. To pass by that which he saith that they found by their own acknowledgement that they had given Resolution to some persons seeking advice that it was not lawful for them to continue in that service being in such a conjunction as the Publick Resolutions carried I take notice of what he sets down that the Brethren came not to Perth at the first Dyet appointed to them and afterwards the Committee required them to attend at Perth or Dundee until the Kings return from Aberdeen that there might be a more full Meeting of the Committee a great part of the most considerable Members of it being with him how could they come at the first Dyet the advertisment being so exceedingly short from the time of their receipt of the Letter to that time of their comperance and the one of them being somewhat sickly and not able to travel The Committees appointment for them to stay at Perth was before their coming and before the Kings departure when the Committee was full and numerous though he doth insinuate it to have been otherwaies and there was a Quorum of the Committee of Estates still at Perth after the Kings departure who yet would not meddle in that business and said They could not The truth was the men who were the great sticklers in it whom the Author calls the most considerable Members of the Committee were absent and they had before their departure taken such course that the business should not be medled with till the Kings return from Aberdeen 4. I take notice of that which he saith That when the Committee of Estates did require the Commissions advice what should be done with these Brethren in relation to the securing of the Garrison of Sterling That as to this they could not take on them to determine the matter being meerly Civil but that they desired expected that the Committee would deal with them in tenderness as being Ministers of the Gospel was the business as to the interest of their carriage in it and the ground upon which they were cited meerly Civil Was it any other thing then the discharge of their consciences in their Ministerial functions as Ministers of the Congregation of Sterling It is true that there was such a desire of tenderness in the close of the Commissions Paper but there was so much said in the body of it for exaggerating their carriage that a greater punishment then a continued confinement might have been thought tender dealing to such men That Paper was of such a nature that not a few of these to whom it was given in who were none of the greatest friends to the Ministers of Sterling were not well satisfied therewith if it may be beleeved what was then confidently reported to these Ministers at Perth by some who did profess to know it 5. I take notice of that which he speaks upon their dimission what dealing there was by some of their intimate friends with Mr. Rob. Douglas and Mr. James Wood to intercede with the Parliament to pass from calling them further I do not know unless he mean of Mr. James Durham who had from the begining been against such away of proceeding with them his dealing with these two that the Parliament might not meddle further with these Ministers but suffer them to go to their Charges and though they do willingly own him as a friend yet what he did in that particular was not only out of respect to them but also from respect to the Commission and to the Parliament conceiving it not to be for their advantage to meddle with these Ministers in such a way and though these Ministers did not affect to come to a Publick Hearing before the Parl. yet would they have chused that and more too rather then to wrong their consciences in the thing whereof they were challenged and as at their first appearing before the Committee of Estates they shewed themselves ready and willing to give an accompt of their Doctrin and carriage in that particular so the Lord assisting them they would have been neither ashamed nor afraid to have done it before the Parliament if they had been called thereunto That Mr. Robert Douglas and Mr. James Wood did so readily obtain their desire it was a token that they had power in that particular That one of these Brethren came and acknowledged to these two kindness done in their behalf is more then that Brother doth take with He saith that he came indeed to Mr. Rob. Douglas and said to him that he hoped to have no cause to repent of what he had done but what suppose both of them had come to both and done so That which is less then justice and equity to wit a breaking off of oppression and iniquity may be acknowledged by the oppressed for courtesie and kindness without hypocrisie and dissimulation and it makes no bad requital nor slander afterwards to tell the truth how far men were accessory to the oppressing and afflicting of them VINDICATION TO the Second particular the Commission in their Act and last Letter to Presbyteries did restrain Presbyteries from Censuring any of them they did not so much as desire any of them to be refered or cited to the General Assembly for differing from them in their Resolutions but only such as continued to oppose Presbyteries cited but few and some of them as will be found by the Registers of the Assembly were chosen Commissioners to the Assembly but was there not far more done in 48. did not the Commission stir up all Presbyteries to cite all that were in the meanest degree of differing from them Such viz. as were only guilty for silence and not speaking with them and to censure forthwith all that opposed will the Writer therfore say that voycing in these matters was not free in that Assembly if not why then doth he use double weights REVIEW WHat though it were true that the Commission in their Act and last Letter to Presbytries did restrain Presbytries from censuring any of them yet what is that to contradict or refute what is alleadged by the Writer That the Commission did in their Warnings and Papers stir up Presbyteries to censure such and cite them to the Gen. Assembly these are more evident truths then can be denied and even that Act and last Letter doth verifie that point of the Alleadgance concerning the citing of them to the Assembly which Citation as it did exclude these who were cited from a Vote at least in that particular so was it in the nature of it apt to obstruct the freedom of others in voicing He tells us they were but few who were cited well then some there were yea many were cited the Synod of Perth did at one Dyet upon the accompt of that Letter

cite not a few of their number who were present and did direct Summons to others who were absent the Presbytry of Jeaburgh did cite three of their number sundry also in the Presbytery of Glasgow Chyrnside and else-where were cited He repeats again his distinction of such as differed from Publick Resolutions and such as continued to oppose them the last whereof only as he insinuates were cited But to pass by the distinction it self which seems to teach men a way that doth not seem well to become the Ministers of the Gospel h. e. to differ in such things as concerns the judgement and practice of the people committed to their charge in matters of special interest to the cause of God and yet to be silent and cease to give testimony thereof either for their own exoneration or information of their People which was one of the desires and overtures prest upon the Ministers of Sterling at St. Andrews Who so will look upon the Commissions Paper March 20. will find that in reference to censure it takes in not only such as continue to oppose and move contrarily but also such as move not at all or move slowly as well these who are indifferent and neutral as these who oppose see Pag. 2. 5. therof That some of them were chosen to the Assembly we have already cleared how it was done as also that which was done in the year 48. betwixt which and that which was done in the year 51. there are many real and important differences formerly spoken of and cleared and therefore doth the Writer use no double weights VINDICATION TO the Third Particular concerning the Kings Letter and the Commissioners Speech to the Assembly there was not one word in them more or less for Punishing or Censuring any that Differed from the publick Resolutions but if any thing of that kind was desired it was for opposing weakning of the hands of the kingdom and strengthning the hands of the Enemy joyned with expressions of earnest desire to endeavour by all fair means to gain all that differed to unity did this take away the freedom and liberty of voycing especially considering this which was desired was proponed by way of meer desire without any threatning or alurement to be byassed by mens voting but that the honest Reader may be able the better to give his Judgment of this matter he may reade the Commissioners Speech the Coppie of the Kings Letter I have not but both were to one purpose on the matter set down at the end of this Paper faithfully as it was delivered alwayes whatever was in the Letter I dare affirm that in that Assembly there was as great freedom and liberty in Speaking and Voting about these Resolutions in debate as well as in any other as well contra as pro as was in any Assembly these years by-past yea more then was in some of them wherein it was well known that oftentimes to the grief of men in the Kirk most eminent for Grace Gifts Gravity and Experience some who now unadvisedly accuses this Assembly of want of freedom and liberty have endeavoured to carry matters with a strong hand cutting down with sharp reflections and flouting such as any wayes dared to speak and vote in a different way from them which if report may be beleeved some of them hath acknowledged in their late Confessions The Writer after the propounding of the Argument meets with one Objection against it We shall not stand upon the discussing of his Reply as it relates unto that Objection but shall speak one word to that which he chargeth upon the Kings Letter as inorderly and irregular viz. That when as the Assembly had not yet medled with the publick Resolutions to condemn and reprove them he should have stirred up the Assembly to Censure such as differed from them Answ Besides that as hath been already said the Assembly was not desired to Censure any for differing from the publick Resolutions simply First It was not desired that the Assembly should censure them without any trying or approving of their resolutions nor was it desired that the Assembly should approve without due tryal but the King supposing them to be right and just in themselves and that the Assembly upon due tryal finds 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 Secondly Consider what a case he was in then he was obleidged by Treaty to follow the Advice of the Commission of the Kirk in the intervals of Assemblies in matters Ecclesiastick he had sought and gotten then Advice in these matters questioned and no men in Scotland were more earnest to have that Condition in the Articles of the Treaty then they who accuses him here But it may be he should have used his judgment of discretion upon any resolutions given by the Commission I confess that is true yet any man may perceave that the words in that Article of the Treaty are very peremtory and general in the later for no more is said but that he should follow the Advice of the Commission and it was well known when it was mentioned that it should be expresly added Agreeable to the Word of God and Doctrine and Constitutions of this Kirk The Motion was opposed and stopped by some of the Accusers This I speak not to say that he was bound to give blind obedience but to shew that he was in a right ticklish case here But leaving this the civil Magistrate being convinced in his Conscience upon good true and solid grounds of the Errour of some Doctrine or Practice of some Ministers which hath not been particularly determined in hypothesi by the constitution of the Kirk and of evil that they have done to the Publick in following it may he not exhort one general Assembly being conveened even in the entry thereof to Censure such without praelimitation or encroching upon the liberty and freedom of the Assembly in judging and voting upon it I doubt if he may not but suppose he cannot without encroaching and praelimitation active upon his part yet sure these can not prove the Assembly not free in Voting and Judging unless there can be some evidence given of the impression and effect of it on the Members in their Voting and Judging A Judge may be tempted and sollicited and yet may be unquestionable uncorrupted and free in his judging REVIEW THe Author doth not deny and I beleeve he cannot but that the Kings Letter and the Commissioners Speech did contain somewhat relating to Punishment and Censure but seeks a shift by telling us That if any thing of that kind was it was for Opposing the Leavies and weakning the hands of the Kingdom and strengthning the hands of the Enemy If either the Letter or the Speech had been exhibited they had spoken best for themselves

the Committee of Estates were about the condemning of the Remonstrance they having it in Commission from these that sent them and thinking it incumbent to them in duty to desire an answer and in such an exigent to professe their adherence thereto did make application to the Committee of Estates for that effect after which the Committee of Estates did pass severall Votes condemning the Remonstrance to the great grief of sundry of their own number who did dissent from it and protest against the same and the sentence of the Committee being communicated to the Commission of the Church and they also desired by them to give their judgement of the Remonstrance These who were sent from the West did earnestly supplicate the Commission before they should give any sentence upon the Remonstrance that they would be pleased to allow them some time till they might return and communicate with these who had sent them hoping that all of them would give such an explication or their meaning in the things which were stumbled at as would satisfie the Commission Which desire seemed so reasonable in it self and necessary at that time for preventing of differences and the grieving of the spirits of many gracious and godly men who had been faithfull and zealous in the Cause from the beginning that many Members of the Commission did earnestly presse that it might be granted especially seeing they had met with so great disappointment in the carriage of the Committee of Estates in order to that business yet notwithstanding hereof it was refused and the Commission did proceed also to condemne the Remonstrance and refer the further sentencing of it to the General Assembly sundry of these who were at Sterlin being now gone and some others come from places more Northward which gave occasion to sundry at that time to apprehend that which is now plainly profest by some considerable Members of the Committee of Estates who were eager in condemning the Remonstrance that if they had not been put upon it by some Members of the Commission they would not have done ●t from this vote of the Commission a considerable number of their Members about sixteen or seventeen as I remember did dissent and the persons interessed in the Remonstrance did protest and I fear not to say that this peremptory precipitant and needlesse haste of the plurality of the Commission in that particular was a great occasion of all the division and rent that followed thereafter In the mean while the Malignants who had risen in Arms were agreed with and an Act of Indempnity was past to them and Colonell Montgomerie was sent against the Western Forces with directions to force them if they would not willingly agree to the States demands and it was no great wonder if after so many dayes staying at Sterlin and Perth they thought fit to return home when not only the edge of the censures of Church and State but of the Civill Sword which was just now imployed against the Malignants that rose in Arms without any warrand is on a sudden turned against the Western Forces which were raised by their special Warrant and encouragement exprest in diverse Acts and frequent Letters VINDICATION FOurthly Taking upon them to determine matters of most publick and greatest concernment antecedent unto and without so much as once speaking or waiting for the judgment of the Publick Judicatories to which the determination of such matters do belong and private men and inferiour Judicatories ought to have their recourse to before they take upon them to e●it any determination thereanent witnesse the Western Remonstrance determining the exclusion of the Kings Interest out of the quarrell of the Defensive War before any advice or sentence given thereupon or once sought from any Publick Judicatory REVIEW THe matter of most publick and greatest concernment which he alleadges they take upon them to determine was the exclusion of the Kings interest out of the quarrell of the defensiue War before any advice or sentence given thereupon or once sought from any publick Judicatory but they did not determine the exclusion of the Kings interest out of the quarrell of the defensive war otherwise then it had been before that time determined both by Church and State by their joynt Declarations at the West Church of the date 13. of Aug. 1650. which at the time of the contriving of the Remonstrance was standing unrepealed and to which there was the more reason then to adhere because the King had deserted the Publick Counsels of the Kingdom and joyned himself to the Malignant party I know there are two things here alledged 1. That that Declaration at the West Church was repealed by the Kings subscriving the Declaration emitted by him at Dumfermeling a litle thereafter 2. That the Remonstrance goes a greater length in excluding the Kings Interest then that Declaration at the West Chutch To the first of these I answer that the Kings emitting of his Declaration did not in the Judgement of the Committee of Estates and Commission of the Church repeal the other and therefore the other Declaration had been sent unto the English Army before the King did emit his Declaration so after that upon the emitting and sending thereof to the Generall of the English Forces he did make a return importing their sense thereupon The other Declaration at the West Kirk with a Letter was sent back intimating that we did still adhere unto and intend to fight upon that state of quarrell contained therin to the other it was often offered by these who came from the West that if there was any thing in the Remonstrance that seemed to go a greater length in that particular then the Declaration at the West Church had done they were willing to explain it and to fight on that state of the quarrell that was contained in that Declaration without adding altering or diminishing but that was not accepted of and order was given a litle thereafter to Colonell Robert Mountgomery to desire or force them in the West to joyn under him and fight for the Kings interest in all his Dominions as afterwards the Meeting at Dundee did ratifie all the proceedings of the former Commission excepting that Declaration of the 13. of August which as it did insinuate a tacite condemning thereof and of that state of our quarrell and cause upon which we have fought these 13. years past so did it insinuate a new state of quarrell in order to the Kings interest VINDICATION FIfthly emitting causes of a Publick fast and sending them abroad to all the Presbyteries and Congregations of the Kingdom being but private men and not having Authority nor being a Publick Judicatory witnesse the Fast appointed and Causes thereof emitted from Striveling the 1. September 1650. wherein take these things to consideration 1. The Meeting that emitted these Causes were no Publick Judicatorie but some members of the Presbytery of the Army and some of the Commissioners 2. That sundry godly and understanding

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 th●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 needl●●●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

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

As to the Authors quarrelling of the words of the Article as peremptory and generall in the Letter because no more is said but that He should follow the advice of the Commission and his quarrelling some for opposing and stopping of a motion made by others that it should be expresly added agreeable to the Word of God and Doctrine and Constitutions of this Church He should have told the circumstances of time and place and persons For my part I professe ingenuously I remember no such things and others also who may be presumed to know it say the same But let it be so they did in this but adhere to the former way which as also this Article did suppose that addition which the Author speaks of though neither Kirk nor State thought fit to expresse it lest occasion of jangling should have been given thereby But the Author by this his carping shews that when he pleases he can quarrell with some things in the Treaty and with the Acts of Assemblies thereanent as well as others and I believe he would think it hard measure to have it inferred from this that he doth vilifie the Acts of the Assembly and that his professions to the Government Discipline and Constitutions of this Kirk are not straight nor upright I shall not charge him with unfaithfulness but if he was one of those who was instructed by this Church in the Treaty at the Hague he hath by that which is fallen from his Pen here furnished some occasion to his Readers to think that he hath some hand in or some way winked at the first modell of the Treaty as it was first settled and transacted between the King and the Commissioners wherein notwithstanding that there was an express instruction that his Majesty should not onely consent and agree that all matters Ecclesiasticall should be determined by the Generall Assemblies and such as in the intervalls of Assemblies should be authorized by them but that his Majesty in things Ecclesiastick should follow the advice of the Gen. Assem of this Kirk and such as should be authorized by them yet the matter was so transacted as that these 2 clauses of the Kings following the advice of the Assembly such as should be authorized by them and of his being content that in the Intervals betwixt Assemblies things Ecclesiastick should be determined by such as should be authorized by them were wholly left out And if he had any hand in or did wink at the omitting of this Article of the Treaty at the Kings Coronation That it should not be prest upon the King to declare according thereto albeit by the Treaty he was expresly bound so to do he would either forbear to press the Treaty so much upon others or learn to be more tender thereof himself Fourthly as to his Question what a Civill Magistrate may do in a point of doctrine wherein he himself is convinced in Conscience upon good grounds of the error of some doctrine and practice of some Ministers which hath not been particularly determined in h●pothesi by the Constitution of the Kirk whether he may not exhort a Generall Assembly being conveened to censure such without prelimitation for encroaching on the liberty and freedom of the Assembly in judging and voting in it I shall not debate it seems that he himself doubts of it but this was not our question the point was determined by the Constitutions of this Kirk and this answer was once given to the King by the Commission of the Kirk upon his moving the question and they did exceedingly wrong him who by contrary Answers did draw him in many snares and put him upon many rocks Fifthly as to his great answer of active and passive prelimitation it will not serve him much stead in this particular because the Assembly did really vote act and censure according to the desire of that Letter which is evidence sufficient to prove that the prelimitation was both active and passive It is not evidence enough to prove that a desire hath impression upon me that I grant the same and do accordingly what other proof doth the Assembly at Glasgow 1638 bring to verifie the passive prelimiting of the Assembly at Glasgow 1610 and at Pearth 1618 by the King his threatning Letters and Commandments but this that the Letters came to the Assembly and that the Assembly did proceed according to the desire thereof will the Author admit of no proof of passive prelimitation unless evidence can be brought from a mans own breast That this very thing and nothing else was the thing that weighed with him for approving the Publick Resolutions censuring the Protesters and laying a foundation for censuring all both Ministers and Professours that should continue to oppose these Resolutions I close this purpose with the words of these Divines and Lawyers cited before in the book containing their gravamina against the Councel of Trent Manifestimum est Tridentinam hanc Synodum nequaquam esse aut dici posse liberum Concilium sed servum potius multis nominibus durissimè obstrictum atque captivum Liberum etenim dicitur quod metu omni coactione caret ubi Concilia omnia omnesqueres non ex aliena vel voluntate vel gratia vel etiam ex permissu alterius aut imperio pendent sed ab his omnibus expeditae sunt integrae nec cujusquam aut odium aut invidia aut minae extimescendae sunt nec res ulla sit quae plus polleat apud eum qui dicit sententiam quod ipsius honesta voluntas judicium minimè coactum Denique ubi quae salutaria quisque veritati consentanea esse intus apud animum intelligit eadem etiam sine ullius periculi metu in medium proponere liberè in faciem cuivis modestè dicere liceat cujus rei praeclarum exemplum in Paulo Apostolo nobis propositum est qui ut ad Gal. 2. ipse scribit Petro Apostolo in faciem oblocutus erroris eum in Antiochensi Synodo publicè arguit VINDICATION THe next Argument proper to the second Paper is because in the Assembly at St. Andrews persons allowed by the Acts and Policy of this Kirk to speak their Consciences were denyed liberty so to do and to prove this the Author taketh much pains to shew from eight old Assemblies of this Kirk that not onely persons Ecclesiastick having calling power to vote but others also are allowed to propone and reason yea to present their thoughts in Writing to the Assembly but he needed not to have been at so much pains in casting over so many Assemblies for this purpose the point is generally confessed in all Orthodox Kirks and knows to all who have read the Common head De Conciliis in their Systems Secondly he saith that Sir Archibald Johnstone whom he mentions with many Encomia to make the matter he hath to speak more bulksome having written his minde to the Meeting not able to come himself about the

men in that Meeting earnestly endeavoured that condescending upon Publick Causes of the wrath of God manifested in that defate at Dumbar as Causes of a Fast might be delayed untill the week next following that there might be a full Meeting of the Commission conveened together to go about that purpose with Authority and more deliberation but were born down by the vehemency and head-strong forwardnesse of some who are chief men in this Protestation professing so much respect to the established Government of this Kirk 3. That there was no necessity of haste in emitting particular Causes there was rather much danger in doing it upon so short deliberation seing the publick calamity and known publick sins was causes evident enough to all of humiliation for the present and within lesse then eight dayes a Meeting of the Commission might have been conveened as it was de facto conveened within that space to condescend upon particulars all these things being considered was it not usurpation and contempt of lawfull Authority and the Government established in this Kirk to say that the Commission at their Meeting which followed did approve of the causes emitted by them it doth not avail to clear them from usurpation and contempt of the Government for to say nothing of that that the Commission did both alter somethings in them and adde to them about recommending prayer for the King as well as mourning for his sins in the humiliation which was seemed to have been purposely left out as appeared by the debate made about it when it was mentioned and desired in the Commission for the space of half an hour at least by Mr. James Guthrie and the Register to say nothing of this that which the Commission approved was the matter of these causes and not the way of emission wherewith many of the Commission shewed themselves exceedingly dis-satisfied as a practise without example and a preparative tending to the overthrow of the Authority of Government but did forbear to challenge it at that time for peace sake REVIEW THere is a great deal adoe here for little or nothing which saith that there must be some mystery in the bottom before I come to discover it I shall make answer to the particulars alledged First by a narration of the History as it was in matter of fact and then by taking off the things which are challenged by the Author Our Army being defeat at Dumbar upon the Tuesday morning and some of the scattered Forces having retired towards Striveling in the end of that week a considerable number of the members of the Commission and Presbytery with the Army did meet there to take in consideration what was fit for them to do in that juncture of time affairs and after mutuall debate and advice finding that in all appearance they might be driven from thence and scattered one from another very suddenly the Town then not being fenced nor any furniture or provision in it nor we having any bodie of standing Forces in the fields to interpose betwixt the Town and the Enemy and the hand of God laying heavy and sore upon the Army and upon the whole Land by that dreadfull stroak at Dumbar they thought it expedient that there being one or two wanting to make a Quorum of the Commission and these of the Commission who were present being also members of the Presbytery of the Army and sundry other Ministers who were also members of that Presbytery being present that they should set down the heads of these things for which as they conceived the Lord had smitten us send them abroad to the Presbyteries throughout the land with a Letter written from the Presbytery of the Army not injoining them as causes of a humiliation to be keeped by any Authority but humbly representing them as their thoughts ●n so sad a time and desiring their brethren to join in a publick Fast and humiliation thereupon What usurpation or contempt of lawfull Authority and the government established in this Church was here As to the things challenged by the Author they did not assume to themselves any authority but onely write their humble advice as their Letter did humbly shew and this they might do yea it was expedient for them to do it as things then stood neither were they so private as the Author insinuates the Author speaks a little diminutively of them when he cals them some members of the Commission and some members of the Presbytery of the Army there wanted but one or two of a Quorum of the Commission and the Presbytery of the Army was numerous and well conveened as many certainly as gave them power to Act in any thing that was fit for the Presbytery to meddle with These sundry godly and understanding men of who● he speaks who were for a delay were but a few and when the rest of their Brethren did not finde it expedient they did not e●ter any dissent which belike they would have done if they had thought it a busines of any such consequence as the Author would ●ow make it when he sayeth they were born down by the head strong forwardnesse of some professing so much respect to the established government of this Church He doth but shew himself like the man who wanting better weapons did throw feathers at his adversary which did manifest a great deal of desire to reach blows but drew no bloud all the Protesters who were then present were two or three at most and they had no more voices but their own but it seems that in some mens judgement where ever any Protesters are they must bear the blame of all the things that are conceived to be done amisse As to the next there was a necessity because there was no appearance that they would get leave to stay together for to meet with any conveniency for a long time thereafter let be that the Commission might meet within eight dayes as the Author asserts It will be acknowledged by such as knew the truth that if the English had at any time within eight dayes after Dumbar either advanced with their whole Army or sent any considerable part thereof to Striveling they had in all appearance gained that place and so made an easie passe for themselves to overrun the whole Land and was it not every bodies fear that they should so have done at that time yea did not all of us many time blesse God that they did it not And what could be the danger of emitting these causes by way of humble desire and brotherly representation seing they did medle with nothing but that which was palpable and manifest yea which for the matter had been condescended upon by the Commission before that time and was as the Author himself acknowledgeth such as the Commission did at their next Meeting approve the onely thing that had any shadow of newness in it was that of the crooked and precipitant wayes that had been taken for carrying on the Treaty with the King