AN ANSWER TO THE DECLARATION Of the Pretended ASSEMBLY at DUNDEE; AND TO A PRINTED PAPER, ENTITLED, The PROTESTATION given in by the Dissenting Brethren to the GENERAL ASSEMBLY, July 21. 1652. Reviewed and refuted, etc. In which ANSWER are set down Ten Steps of their defection who follow the way of the Public Resolutions. Together with OBSERVATIONS upon some of the Acts of the P. Assemblies at Dundee and Edinburgh, and some PAPERS concerning the endeavours of the PROTESTERS for Union with their Brethren, who differ from them in Judgement. Printed in Anno 1653. GOOD READER, BE pleased to understand, that when that Paper, Entitled The Protestation given in by the dissenting Brethren to the Gen. Assembly July 21. 1652. Reviewed and refuted, etc. came abroad in Print, there were differing thoughts about it, amongst these who are concerned to answer it. Some said that it was not worth an answer, others knowing that it did indeed more abound with calumnies and reproaches then with arguments, yet, did judge it fit to he answered, because in this corrupt age calumnies pass for truths among the generality of people without any serious disquisition and examination. Within very few days after that Paper was published, an Answer was drawn by one who favoureth the Cause of the Protesters, and was by him intended presently for the Press; But there it was delayed, and upon good grounds the Review of the Vindication of the pretended Assembly at St. Andrews and Dundee had the precedency in the Press: for the validity of the Protestation lately made at Edinburgh doth much depend upon the nullity of that Assembly, which was asserted and well proved in that Review; And the Writer of that Paper (I mean the Review of the Protestation made at Edinburgh, to which the Answer was intended) did so hyperbolically commend that Vindication of the Assembly at St. Andrews and Dundee as a Nervous Piece, not yet answered, nor easily answerable, beside divers other expressions about it, and did so often refer unto it in his Review, that it was easy to perceive that no answer would be accounted satisfactory, if that Vindication were not first answered and published that sober and judicious men might see whether there was so great cause of boasting of that Vindication or not, and to give such Public provocations in Print, calling for an Answer to it; beside that, there was information that a course was taken by some of those that maintain the Public Resolutions for Printing the Vindication of that Assembly at London, which was very true for it was Printed there in the year 1652. After the Review of the Vindication was Printed; this Answer was a while stopped at the Press for want of licence to Print it, and as some things which were in the Copy which was at first intended for the Press were left out, so other things emergent were added. The Reviewer of the Protestation doth in the beginning of his Paper refer to a Declaration made at the pretended Assembly at Dundee, which you will find to be first answered here; and because it abounds with reproaches and misinformations, therefore there was a necessity to insist the more largely in matters of fact. You have next the steps of their defection who follow the way of the Public● R solutions, and then the Answer to the Review of the Protestation, and lastly some things about the Union endeavoured by the Protesters, together with observations upon some Acts of the said pretended Assemblies; In all which you have their own Papers, that it may be seen that no wrong is done to their cause, in repeating their Reasons and Arguments except it be done by themselves. I desire not to prejudice the Reader by a Preface, only this much I would say further, that whereas this Reviewer boasts that the grey headed and aged men for the most part are on their side, to which there is enough answered in this Treatise; Yet I would have it remembered that the same Argument is used by Eliphaz the Temanite against Job. chap. 15. v. 9, 10. What knowest thou that we know not? What understandest thou which is not in us? With us are both the gray-headed, and very aged men, much elder than thy father. But this is better considered by Elihu, Job 32.7.8, 9 I said days should speak, and multitude of years should teach wisdom: But there is a spirit in man, and the Inspiration of the Almighty giveth them understanding, great men are not always wise, neither do the aged understand judgement. Farewell good Reader, read and consider, and the Lord give thee understanding in all things so I rest, Thine in the LORD JESUS. The PROTESTATION Reviewed and refuted: Briefly showing the insufficiency of the Reasons thereof, and consequently the justice of the Assemblies sentence condemning it. HOw well this Reviewer and Refuter hath performed what this his Title seems to promise against the Protestation, and for the sentence of the Assembly condemning it, will appear to these to whom the Lord gives an hearing ear, and a seeing eye, by comparing what is said in defence of the Protestation in Answer to this Review. Therefore beseeching the LORD who is no respecter of persons, to make what is here said unsavoury or acceptable unto the Reader, as it contributes for destruction or edification, for darkening or clearing of the truth in this hour of temptation, and day of blasphemy and rebuke. I come to the matter itself. REVIEW of the PROTESTATION. AMongst the many sad judgements wherewith the holy blessed God is pleased to exercise this sinful Land, staining the pride of all our glory, there is none more terrible, then that he threatneth to remove our Candlestick. DEFENCE of the PROTESTATION. ALbeit the Generation of the righteous in the Land, who are instructed with a strong hand, are preserved in hope, that the thoughts of the Lord towards this poor Church, are thoughts of peace, and not of evil, to give us an expected end, yet that there be many things which threaten that most dreadful judgement of removing the Candlestick, he that run● may read, the shadows of the evening are grown long, and the wild beasts are come out of their dens, our Battlements are broken down, and the Adversary hath stretched forth his hand upon all our pleasant things: we see not ou● signs, there is no more any Prophet, neither is there amongst us that knoweth how long, the Lord is become as a stranger, and as a way faring man in the Land, that turns aside to tarry for a night: he hath covered himself with a cloud in his anger, and prayer is restrained before him; the anger of the Lord hath divided us, and he seems no more to regard us. But that which is most dreadful in itself, and doth most embitter so sad a condition, is, that we have fallen from our first love; we have forgotten the Lord, and dealt falsely in his Covenant, our hearts are turned back, and our steps have declined from his way; we have forsaken the fountain of living waters, and digged unto ourselves broken cisterns that can hold no water; We have walked in the way of Egypt, to drink the waters of Sihor; and in the ways of Assyria, to drink the waters of the river, the enemies of the Lord have been entrusted and stayed upon, their interests owned and promoted, holiness and piety despised and trodden under foot, the godly persecuted and reproached, the hearts of the wicked made glad, and their hands strengthened; the hearts of the righteous made sad, and their hands weakened, the Work of Reformation in purging of scandalous and profane Officers and Members out of the House of God, evil spoken of for what is past, and a foundation laid to obstruct it for the time to come; yea, to persecute and cast out such who shall oppose and bear testimony against these things; and yet after we have done all these things, and have gadded about somuch to change our way, have trimmed our way to seek love, and also taught the wicked ones our ways, we wipe our mouth, and say, We are innocent. And that notwithstanding all that is come upon us, we have not forgotten the Lord, nor dealt falsely in his Covenant; and we cannot bear these who discover our iniquity, and make known our sins unto us. If there be any who desiring to keep their integrity, and to adhere to their former principles, bear testimony against the Lands back sliding and defection against our Princes and Prophets, and People in their late transactions with the enemies of Reformation, and haters of the people of God, and of the power of godliness, these are the burden of many, and are for signs and wonders who are spoken against; even these are they whom this Reviewer and Refuter calls deceivers and persecuters, and miserable comforters, who in the day of Zions calamity stand afar off from her, and persecute her whom the Lord hath smitten, and talk to the grief of these whom he hath wounded, and who in her adversity gather themselves together, in the place of cordials bringing corrosives. The Protesters against whom he throweth these reproaches, acknowledge themselves to be men compassed about with many infirmities, and that for their fins also wrath is upon the Land: But if they have done this thing, and if this iniquity be in their hands wherewith they are here charged, let their honour be laid in the dust, and their glory turned into shame; I think they may and will, in trembling and humble fear, commit their Cause unto the righteous Judge of the World, who will make every man's works manifest, is it to stand a far off from Zion, or not to comfort her, or to deceive her, or to persecute her, not to be consenting to the whordoms and back-slidings of her children? And to tell them, that they have perverted their way, and have forgotten the Lord their God, and to say to her Prophets, that they do not discover her iniquity, to turn away her captivity, and that they, even they have caused the Lords people to err: some of them built a wall, and many strive to uphold it, and daub it with untempered mortar; I mean, that some of them gave counsel concerning the employing and entrusting the Malignant Party, and that many adhere thereto; and for strengthening these wretched foundations, have corrupted and perverted the Nationall Assemblies of this Church in the free and lawful constitution thereof; that they have made sad the hearts of the righteous, whom the Lord hath not made sad, and strengthened the hands of the wicked, that he should not return from his wicked way, that they thrust with the side and shoulder, and push the diseased with their horns, to scatter them abroad, that they decree unrighteous decrees, and write grievous things against their brethren, which they have prescribed. Our bruise is sore, and our wound is uncurable, for the Lord hath wounded us with the wound of an Enemy, with the chastisements of a cruel one, for the multitude of our iniquities, because our sins were increased: Therefore is it no time to cover our transgressions as Adam, by hiding our iniquity in our bosom, nor to daub with untempered mortar, nor slightly to heal the daughter of our people, but to give glory to the God of Israel, by taking shame to ourselves, and confessing wherein we have trespassed against him; and it is the best service that can be done to Zion, to show her sons and her daughters in this day of her calamity, why the Lord contends with her. Such corrosives from friends, are better than the cordials of flatterers; when the righteous smites it is a kindness, and when he reproves, it is an excellent oil which breaks not the head. Surely this is the Lord and his Saints; yea, the Interpreters one of a thousand their paved way of being comfortable to these whom GOD hath smitten, to discover their work and the transgression wherein they have exceeded, that they may open their ear to discipline, and remember whence they are fallen, and repent, and do their first works, lest if they obey not, they perish by the sword, and die without knowledge; or he come against them quickly, and remove their candlestick out of his place, Levit. 26.40.41. Job 34.29, 30, 31, 32, 33. Job 36.8, 9, 10, 11, 12. Rev. 2.4, 5. PROTESTATION Reviewed. I Shall be loath to trace that too too ordinary by-path of judging any man's eternal estate by his temporal out-breaking, or his heart and intentions by the outside of h s actions, yet I hink I may safely say, That that Assembly at St. Andrews and Dundee, although despised of Men, was owned of GOD, and that he guided their Pens, as all along in their Procedor, so particularly in their Warning and Declaration, and these word thereof, what ever hath been the intention of these who have been instrumental in making of this rent from Public Counsels and Actings, yet the work itself, and the spirit that hath been stirring in it, hath been and yet is most effectual for carrying on of the design of the adversaries of our cause; Which they prove by seven Steps of their Progress. PROTESTATION Defended. TO judge of any man's everlasting estate by his temporal out-breaking, or his intentions by the outside of h s actions, as it is to encroach upon things secret which belong unto God, and to walk uncharitably towards men, so it is not the path which the Proteste s have trodden, and it is but a groundless insinuation to suggest it of them, they know, and do acknowledge, that many of the Lords Precious Ones before their effectual calling are amongst the worst of out-breakers, and that some of them even after they are made partakers of the Grace of God, fall into grievous sins; yet do not these things bar them, or cut them off from the mercy of God, whose election is according to Grace; and therefore the Protesters have not denied the Testimony of gracious men to not a few of these whose hand (alas for it!) is deep in the provocation; they know also how to distinguish, and have distinguished betwixt the condition of the work, and the intention of the worker, and think charitably of the one, whilst they condemn the other: yet these things hinder them not to discern betwixt the righteous and the wicked; him that serves God, and him that serves him not: the Lord hath taught us that false Prophets may be known by their fruits, and that men do not gather grapes of thorns, nor figs of thistles, Matth. 7.16.20. The transgression of the wicked saith within mine heart, that there is no fear of God before his eyes, Psa. 36.1. As I dare not judge of any man's everlasting estate, but leave it unto him with whom the books are; so have I not so learned Christ as some men would have it, to put no difference amongst the Professors of the Gospel, but to call them all godly though estranged from the life of God through the ignorance that is in them, and walking contrary to the Gospel. That the Assembly at S. Andrews and Dundee was owned of God, and that He all along in their procedor did guide their Pens, as my soul cannot away with that assertion to subscribe to it, so I fear it is more than the Lord will allow any man to say. 1. Because that Assembly did say, a confederacy to these concerning whom the Lord spoke to his Prophet with a strong hand, and instructed him that he should not say, A confederacy to them, Isa. 8.11, 12. And therefore, although they did associate themselves, yet they did fall and fall together, Isa. 31.3. The sad dispensation of their ruin being in the beginning thereof at Innerkithen in Providence trysted with the beginning of that Assembly, and afterward more fully accomplished and perfected at other places, as they, and their Commission went on in ratifying of these Resolutions, and censuring the opposers of the same, and issuing Warnings and Declarations in reference to these things. 2. Because that Assembly was so far from rejoicing the hearts, or approving themselves unto the consciences of most of the godly in the Land, or from leaving this seal and impression upon their hearts that they had the image and authority of Jesus Christ, and did proceed according to the Law and the Testimony, and employ their power unto edification and promoting of godliness; that upon the contrary they did exceedingly sadden their spirits and leave a deep and strong conviction thereupon, that they did add unto the Lands provocation and increase wrath, and that in most of all their actings they did walk not unto edification, but unto destruct on. 3. Because their actings did rejoice the hearts and strengthen the hands of these in the Land who were void of Grace and of the knowledge of Jesus Christ, and adversaries to the Cause and People of God, and mockers and haters of Piety and Godliness. Was not that Assembly countenanced and pleaded for? and is it not to this day countenanced and pleaded for by all the generation of malignant and profane persons throughout the Land? And sure, if it had been so much countenanced and owned of God, it is not like that it should have been so endeared to these who have so much opposed his friends and interest in Scotland these many years past. 4 Because that Assembly at Dundee did for no other cause, but for protesting against their wrong Constitution, and the ratifying of these Resolutions, censure and pronounce the sentences of Deposition and Suspension against sundry godly men who have obtained mercy of the Lord to be followers of his Cause since the beginning of the late Reformation, and whose Ministry hath been sealed of the Lord upon the hearts of not a few of his People. 5. Because they did by their Acts lay a foundation for censuring all Ministers, Elders, Expectants, Students and Professors whatsoever, who refuse to acknowledge the constitution of that Assembly and oppose the Acts thereof; which as it makes way for the casting out of many able & godly Professors from being Church-members (for it is well known how many there be of the godly in the Land both Ministers, Elders, and Professors, who cannot be consenting to submit to these things, but do hold themselves bound in their stations to bear testimony against them) Now, to cast out & persecute all these, or to lay a foundation fordoing of it, whether it be to be owned & guided of God, and to do things to edification; or if it be not rather to be deserted of the Lord, to establish iniquity by a Law, and to decree unrighteous Decrees, & write grievous things against their Brethren which they have prescribed, I leave it to those who are taught of God, to consider. As to that passage in the Warning and Declaration of that Assembly (so much magnified and cried up by the Author of this Review) it was, and it is the intention of the Protesters, through the Lord's assistance (though with much weakness) to oppose the design and work of the Adversaries on both hands, and to tread the middle path, the good old way, without declining to the right hand or to the left, upon which account it was that they could not condescend to employ and associate with, and entrust one adversary for opposing another, knowing such courses to be condemned of God in his holy Word, and to have proven bitter often heretofore unto this Nation, and for this cause did solemnly engage, that we should do no more so: Therefore have they always owned, and strictly adhered to the Covenant and Cause, and former Principles of the reforming party in this Land, set down in their Public Papers; and that they might not partake of other men's sins, did not concur with, but bear testimony against the carnal counsels of men's own hearts, because of which the Sword did abide in our Cities, and consume our branches, and devour them, Hos. 11.6. and the spirit that hath been stirring in them in these actings (I trust) is no other than the good Spirit of God, the Spirit of truth and holiness, the voice behind them that speaks in the ears of the Lords People, This is the way, walk ye in it, when they turn to the right hand, and when they turn to the left hand, Isa. 30.21. In order to this passage of the Warning at Dundee, I wish the first penner thereof, and the Gentleman who now hath cited it, and all others, to consider these few things: 1. That not long ago there was a time that some of the best and most precious of these who now charge the Protesters with these harsh imputations of having a spirit stirring in their work that hath been, and is most effectual for carrying on of the design of the Adversaries of our Cause were liable no less than the Protesters now are to the same Imputations from these by whom they now are cried up and commended, and with whom they now join issue in casting them upon their Brethren. It concerns them to think whence these changes are, and whether they have given diligent heed to that word of exhortation that saith, Let them come to thee, but go not thou to them. 2. That the Protesters have studied to take hold of every opportunity to declare and make known their approbation of, and adherence unto the Work of Reformation, and to bear testimony against all injuries done thereunto, and encroachments made thereupon, and have endeavoured to the utmost of their power to prevent and remedy the same. 3. That the Authors and Abettors of the Public Resolutions, have now met several times in their Assemblies and Commissions, yet to this day have we had no word of testimony from them against these adversaries of our Cause, with the promoting of whose design they do so much charge the Protesters, but their spirit and zeal hath been spent another way. As to what they have done at their late Assembly with closed doors, none being present but themselves, that cannot be looked on as a testimony to the Cause of Christ, and at the best it will amount to no higher, than the profession of Nicodemus in private. Why have they not made it a testimony indeed, and appointed some of their number to present, own and avow it, before some of these against whom they testify, as the Protesters did seasonably and with the first opportunity? Or why did they remove all others out of their meeting? Were they afraid that some should have born witness and testified what they had done? If they looked on themselves as an Assembly of this Kirk, they cannot be ignorant that the transactions of General Assemblies ought and use to be public, and especially their testimonies. Or why did they not communicate the same to Synods, Presbyteries and Congregations, but let it lie in the dark to this day. If they desire to be accounted faithful, they would either give a more distinct and certain sound concerning these adversaries, or else speak less against the Protesters, lest they bewray more passion than piety, and more of the zeal of themselves, then of the true zeal of God. 4. Where hath that spirit lodged which this last year past hath been most effectual for carrying on the design of the adversaries, whether among the Protesters, or amongst the Authors and Abettors of the Public Resolutions, let themselves speak. But because he is pleased from that Warning and Declaration of the Assembly at Dundee, to mention seven steps of progress, whereby they labour to prove what they do assert in the former passage acted by him; therefore seeing that Declaration (which is fraughted with much ill-grounded charity to Malignants, and with a great deal of causeless prejudice and mistaken zeal against many of the precious and godly in the Land) gins again to be digged up out of its grave, wherein sad dispensations of Providence did once seem to bury it before it could be heard speak in many of the Congregations of the Land, therefore though he do insist on the last Step. yet for truth's sake, and for clearing of these who are traduced without cause, I shall speak shortly to all the seven. The DECLARATION at Dundee. THe first step is expressed thus: The credulity of some, believing the hypocritical pretences of this now prevailing faction of Sectaries, mixed apparently with the crafty design of others would not so much as admit the suspicion of this enemy's purpose to invade us, and thereupon did resist and retard the lifting of an Army for the defence of the Cause and Kingdom, until the Enemy was very near our Borders, and had emitted a Declaration of their resolution to invade us, so that all means of defence was like to be utterly marred. DEFENCE. TWo things are charged here upon the Protesters and their adherents, as the principle of their actings, credulity in some, and design in others. As to the first, it is indeed ordinary to gracious men to be credulous of these who have the show of godliness, until they see them deny the power thereof, and I think this fault (if it be a fault) may be easily pardoned by these who allow so large charity to Malignants upon bare and naked Professions now and then, when they come before the Judicatories of the Kirk, notwithstanding of their many former breaches and relapses, and known dissimulatio, & contrary carriages in the tenor of their speeches & actings but what ever be these men's credulity, yet seeing they walked in the simplicity of their hearts, the Lord hath to this day keeped them out of snares, and given them, as to the main of their carriage, to keep the strait way, declining extremes on both hands. As to the second, to wit, a crafty design in others, it is alleged to be apparently so, but no evidence is brought of that, neither can any evidence be brought of it, it being a mere alleadgeance, without all ground of truth, such things have been spoken, and written, and preached by some now for a good while passed, it is now high time since it hath been so often called for, for their own credit's sake to bring some proof of what they say; I beseech the Author if these words, and of all such expressions, as before the Lord, and as they would not wrong themselves nor their brethren, nor delude and do injury to others, by filling their hearts with thoughts of jealousy and rancour against innocent men, if they know any thing of this kind, to bring it forth; and if they know nothing to forbear such reproaches, which though for the present they be bitter to these whom they asperse, yet in the end the shame will return upon the heads of these who have broached and vented them; It nay be remembered, that reproaches of this kind were cast upon the most eminent and faithful, in the year 1648, by the Authors of the unlawful Engagement, because of their opposing thereof, and bearing testimony against the same; but passing these, I come to that which is alleged to be their work, and that was, that they did resist and retard the lifting of an Army for defence of the Cause and Kingdom, for clearing and confuting of which, it would be remembered, that as in resolving and condescending upon the Instructions given to the Commissioners of this Kingdom for Treating with the King, there were some who too much favouring the Malignant party, would have had it put in Instruction, that this Kingdom would engage in a War against England, for restoring the King to his Throne, upon condition of his giving satisfaction in the Demands propounded to him, which when they could not obtain, their next endeavour was, that the transaction at Bredah might be so carried, as that the King and his Party might have some probable assurance of this, and therefore was the first invitation given to the King there, contrived in such words & expressions, as seemed to import the same; which being sent home to this Kingdom, was censured & corrected by the Parl. 〈◊〉 new Instructions sent back to Holland, containing the express demands of this Kingdom to the King, and the form of the Invitation given him upon satisfaction in terminis to these demands; which form of Invitation & Declaration made therewith did exclude all engagement to make war upon England, yet was there a Party in the Land, and some in the Parliament, whose designs and endeavours did still tend to engage us in a War against England. On the other hand there was cause to fear an Invasion from England, by reason of the preparations made the former year by those in power in that Nation, upon the report of an Agreement betwixt the King and Commissioners sent from this Kingdom to Holland, in the year 1649. The great difficulty was, how to steer an even course in reference to both these extremes, both to prevent a sinful Invasion from this Land upon England, and from England upon this Nation. The Parliament having seriously pondered both the dangers, took this course; They sent to their Commissioners then in Holland, renewed Instructions, together with a Declaration, wherein they made known their dissatisfaction with several things in the Treaty, in which the Commissioners had varied from their Instructions, particularly they declared, that nothing agreed on should import an obligation to make War against England, and gave express direction that none of the Malignant Party should be permitted to come to Scotland; and this Instruction was forthwith turned into a Law, and published in Print by Proclamation at the Market Cross of Edinburgh: And the Earl of Calendar who had adventured to come from Holland to Scotland, upon hopes of the approbation of that Treaty, was presently commanded to go aboard a ship within twenty four hours, and forthwith to departed the Kingdom, under the pain of imprisonment, and the fine of a hundred thousand marks. These Instructions and the Declaration of the Parliament, were delivered to the Commissioners in Holland, before the King came away, together also with Letters to the same purpose from the Commission of the Kirk to their Commissioners. To prevent the danger of an Invasion from England, the Parliament did (without so much as the least question or objection made to the contrary by any Member thereof) renew the Acts of Posture and Leavie which were made the year preceding, for putting the Kingdom in readiness in case of Invasion, and upon the 22. of June 1650. they wrote Letters directed to Mr. Lenthall, Speaker of the House of Commons, the Lord Fairfax then Lord General, Lieut. General Cromwell, Major General Lambert, and the Governor of Newcastle, in which Lets they show, that as in their Letter of the 6. March 1649. they did both acknowledge their obligation, and did declare their resolution to observe the rule of remonstrating first the breaches of Peace, of craving just reparation, of using all fair means of giving a preceding Warning of three months before any engagement of these Kingdoms in War, so they do again renew the same, and do solemnly profess, that they do it in the sincerity of their hearts, not out of any policy to catch advantages for any other end or design, but merely for their own defence, which they do account abundantly sufficient to remove all grounds of jealousies and misreports of their intentions, and to take away all pretence of necessity of the marching of Forces for defence of the Borders of England. And being informed of a resolution in England to send an Army to invade this Kingdom, they desired to know whether these who have the present power in England do acknowledge themselves obliged, or by their answer will oblige themselves and declare their resolutions to observe the foresaid way and order upon their part to us, and plainly and clearly to declare whether their Forces do march for defence or offence, for keeping only within the Borders of England, or coming within ours: which way of proceaor in clearing each other, and dealing plainly, is not only agreeable to particular Treaties, and to the many Bonds and Declarations passed betwixt these Kingdoms, but also to the Law of God, and practice of his people in his Word, and to the Common Law and practice even of Heathen Nations, much more of Christian covenanted Kingdoms, etc. When the Forces appointed to be raised for defence of the Kingdom, together with the old standing Forces that were before on foot, were to be form and drawn together in a Body, there were some differences in Parliament; one was, Whether the Malignant Party, and persons grossly scandalous should be excluded from the Army, or not? There were none in Parliament that had the countenance to plead for it directly; our constant Principles being known to be so express against it, and the Kirk having so often pressed upon the Parliament by many Petitions, Remonstrances, and Declarations, the purging of their Forces, but divers would have had the Act for making up the Army to pass, without appointing any Committee, having power to remove such from the Army Another difference was, Whether the Committee of Estates should have power to command the Army to invade England (as was done in the year 1648) or if there should be a limitation of their power only to stand for the defence of the Land within our Borders. In this question likewise there were none that pleaded expressly for such a power in the Committee, but they opposed the limitation. Some time was spent in conference and debate about these, but they were so few in Parliament that were either against the exclusion or limitation, that when the sense of the Parliament came to be known, their number was no ways considerable, so that what is here represented by the Authors of that Declaration against the Protesters, as the first step of declining, is in effect an evidence of their own declining from the former principles of State and Kirk, for both were then unanimous for exclusion of the Malignant Party and grossly scandalous persons from the Army, and against the invading of England, which were the two questions in Parliament that did retard for some days the bringing forth the new levied Forces; for so soon as these two questions were ended, it was evidently seen there were none more forward in Parliament and Committees to hasten them to the fields, than these who are unsatisfied with the late ●uolick Resolutions; and there was together at Leith, before the English Army marched into Scotland, so considerable a number of Horse and Foot, that they were double the number of the English. Surely no other thing but the change of principles, or groundless prejudice could lead men to quarrel thus for want of an Army to defend the Land, the great number whereof made the stro●e at Dumbar the more unexpected, doleful & dreadful. This is the truth concerning what is laid to the charge of that faithful Parliament which met at Edinburgh in the year 1650, and whose endeavours to prevent extremes were answered with disappointment on both hands, which I trust doth sufficiently answer what is said anent the first step. DECLARATION. THe second step is set down thus: When the Enemy had invaded us, and an Arms was raised, under pretence of purging the Forces, and keeping the King's Interest under due subordination to God, courses were taken, as after-actings made manifest, tending to the dividing of the Army, perplexing and discouraging the spirits of these who laboured to be faithful both to God and their King, and humouring of, and yielding to the untimous and dangerous motions of such who were under suspicion of too much affection to the Enemy, and that not without cause, as is now too too evident. DEFENCE. I Confess it is to me matter of sorrow and astonishment to hear these words. Was not the purging of the Army from such of the Engagers as had not approven themselves in their repentance, a duty that all of us were solemnly engaged unto before the Lord? Had not the General Assemblies of this Kirk, and their Commissions before that time, given in above twenty several Petitions, Warnings and Remonstrances to the Parliament and Committee of Estates for that end? Had they not issued Declarations and Warnings to all the Land concerning the necessity of that duty, as we desired to prosper and be blessed of God? And had not all the Congregation, of the Land kept several Fasts and Humiliatious by then appointment in order thereunto? Had not the Parliament and Committee of Estates made Acts, and appointed Commissions there-anent, and taken the persons to whom Commission was given, solemnly engaged and swor● to go faithfully about it, as they would be answerable unto God; and after all these things (in which many of the leading men of that Assembly at S. Andrews and Dundes were concurring and consenting) to hear the endeavours of purging of the Army, so reflected upon and spoken against; what is this but to proclaim against themselves, that either they did then dissemble, or else that now they are repenting of the thing which they did then concur in and were consenting to as a duty, but what ever be their thoughts of it, as these whom they now speak against did in the simplicity of their hearts then endeavour it, so do they still own it as a duty, and are sorry to hear it otherwise spoken of, especially by these who profess love to Reformation. And I do as much wonder of that which they speak of the King's Interest, seeing nothing was done in reference thereto, but the declaring of the due subordination thereof unto God's, and that they would not otherwise own him and his quarrel, but in that subordination, and that they meaned to fight upon the same state of quarrel upon which they had done these twelve years past, which was not done by any particular persons or party, but jointly and unanimously both by the Committee of Estates, and Commission of the Kirk, none dissenting, and was homologated by the whole Officers of the Army in a supplication to the Committee of Estates, and so far as did then appear, generally followed in their stations and capacity. This, together with the leaving that Declaration of the Commission of the Kirk, anent the subordination of the King's Interest, out of the Act of the Assembly at Dundee, which ratifieth the proceed of the Commission, speaks what spirit stirred in the Assembly when these things were penned and approven; but (say they) under pretence of these things, courses were taken fordividing of the Army, and yet they do not tell what these courses were at that time, but labour to find the evidence of them in after actings, they did wisely to wrap up in generals, without condescending upon any particular, lest they should have therein been found out, but their generals are as easily denied, as affirmed. What is meaned by after-actings, requireth explication, and somewhat over: If he can make this much out of the actings at Hamilton, which were their razed field-actings. I shall wonder at his wit, to say nothing of his conscience. Who these faithful ones to God and the King are, whose spirits they did so much labour to perplex and discourage, I do not know. I do as little know what were these untimous and dangerous motions, wherein such as were under suspicion of too much affection to the Enemy, were humoured in, and yielded unto. It may be remembered that as a great part of the Army was much weighted in their spirits, with the carriage of these, especially some of chief note, who did obstruct the purging of the Army, and gave countenance and encouragement to such as were, or should have been removed out of the Army; so the whole Army Officers and Soldiers, and the Committee of Estates were much perplexed, discouraged, and dissatisfied with the slackness, shift, and delays, and solitary counsels and courses of chief men in the Army, who had the leading of the Forces, and for most part did do therein, and dispose thereof as seemed best to themselves, without taking much notice either of the Committee of Estates or Officers of the Army; and none was more perplexed, discouraged, and dissatisfied with this way, than some of these who had a chief hand in penning this Declaration, in so much that having once spoken therein, they got so unsatisfying an answer, that with much discontent they did declare, they meaned never to speak again in that matter. And it may be also remembered, that the untimous and dangerous motions of which they speak, were so far from being thought so when they were proponed, that it was the grief of many in the Army & Committee of Estates, yea and of Assembly-men too, who are supposed to be skilled in these things, that they were not entertained and harkened unto, the truth is, never any motion of that kind made by any of these whom they call of suspected affection, from the day that our Army came together, until the day that it was routed, was harkened unto, unless they instance the in-fall at Mussteburgh, but only the half of that motion was followed for the Party which was appointed by the unanimous resolution of the Officers to make good their retreat, who made the in-fall, was not sent, which, whether it was faithfulness to God and the King, and to their Brethren, much of whose blood was shed, their own hearts who did it can best judge, as best knowing what were the inducements that moved them not to make the resolution of the Officers concerning the sending of that Party effectual. Other motions were made by these suspected men also, as to have fallen on at Goger and at Dumbar, to set behind the Enemy, and not before them, but were not harkened to. It is well known who made the motion to draw the Army down the hill on Monday morning, and carried it by plurality of voices in a Council of War, which appointed it to be put presently in execution; yet upon a new conceit, without advice of the Officers, he delayed all that day till five at night that it was dark, and then he brought it down, contrary to the advice of the Officers. I trust they will not deny that this was a dangerous motion, and they cannot say, that any of these suspected men had a hand therein. Concerning the last words of that second step, let it be this day examined and considered, what hath been the carriage of these suspected men, and of their unsuspected men the Malignant Party, and it will at least be found very evident, that this Reviewer his suspicion is calculated to a wrong Meridian. DECLARATION. THe third step is in these words: When after that sad stroke at Dumbar, the Lords dispensation did call for ways of union and healing, i●stead of these, subtle courses were taken to engage a great part of the well-affected in the West, to separate from the Forces of the Kingdom, whereby instead of joint concurring for acting against the Enemy, jealousies were begotten, and so far increased, that there was no small danger feared, lest the one part of our Forces should have fallen upon the other. DEFENCE. THe plainest things, and which are acted with the greatest simplicity and integrity, are often branded with the name of subtle devices, by maintainers of an ill cause, who no sooner departed from their former principles, but they give to their opposers the very name, which (were the●r eyes opened of the Lord to see their own ways) they should take to themselves. What subtle device could there be here? The Committee of Estates hearing before the defeat at Dumbar, that Forces were leving in the North of England, which were to come into Scotland by the way of Carlisle, they wrote Letters to the Western Shires to meet and correspond among themselves, and to be in readiness for their own defence. This put them in some forwardness to rise in Arms, when they heard of the defeat, which being on the third of Sept. the Gentlemen of the Committees met upon the fifth, and had some of their number at Sterlin upon the sixth, who made offer to raise speedily a double proportion of the ordinary Levy, which was well accepted by the Committee of Estates, and Commission of the Kirk, and Letters of encouragement written from both, which are yet extant, and the Committee of Estates sent such Officers to conduct these Forces, as they knew to be most acceptable to the Western Shires. The Forces were raised by authority of the Committee of Estates, and were obedient to their Orders sent from time to time under the Lord Chancellors hand, which yet remain uncancelled, to witness against such calumnies: And there was never any command sent to them to come and join with the rest of the Forces, until agreement was made by the State with the Malignant Party, and then Colonel Montgomerie was appointed to march towards them with some Forces under his command to require their conjunction, but before he came the length of Sterlin, Major General Lambert with a strong Body of horse had come to Hamilton, where he was fought against by the Western Forces, (though they were far inferior in number) and many were killed of the Enemy on the place, but with the loss of the Day, and dissipation of the Western. Forces, which put an end to many groundless jealousies. DECLARATION. THe fourth step they set it down in these words, And to heighten differences yet more and more under fair pretences of exonering their own consciences, and obtaining more clearness in the quarrel against the enemy, many whose intentions were honest were abused and drawn in the snare of a Remonstrance, whereby the owning of the King's just Interest agreed unto by the General Assembly and the Parliament was expressly laid aside, and his removal from the exercise of his Royal Power and Government, advised to the Committee of Estates, the authority of the Committee of Estates much weakened, and a way of holding up a constant division from State and Kirk therein moulded. DEFENCE. IT is strange that these who maintain the Public Resolutions, should judge it want of charity to account some men Malignants, notwithstanding their actions do evidently declare it, and yet do think it no breach of charity in themselves to judge other men's hearts and thoughts, contrary to their declared intentions, and whole tenor of their actions. If these men pretend to exoner their consciences, and seek more clearness in the state of the quarrel, when yet they did intent no such thing, but their real purpose was, to advance the Adversaries Cause; Surely it was a grievous and intolerable provocation before the Lord, which he will find out, that he may take vengeance of such hypocritical inventions and gross dissimulation; but if their hearts were strait before him in all these things (of which they have a witness in Heaven, a Record in their own breasts, and their actions in adventuring their lives against the Enemy as a testimony before the world) they do them wrong who speak so of them, which is the more piercing, because it proceeds from some of these who were once as their guide, their acquaintance with whom they took sweet counsel together in the Work of God, and walked into the house of God in company, and yet do now allow them less charity, and give them less trust in their solemn and public Professions in these things that relate to their consciences and the public Work, than they do to the greatest Malignants in the Land, and the bloody murderers who followed James Grahame: for they will have these upon their verbal professions to be accounted true penitents, and are filled with indignation against any who speak or write otherwise of them; but to mend the matter, and that they may not provoke too many of their old friends at once, they tell us, that the intentions of many who were honest, were abused and drawn in the snare. They would do a great favour to the whole Land, especially to simple ones, if they would be pleased once to condescend by name and surname, upon the subtle ensnaring men that do abuse others, that they might be known and avoided. For these who were at the compiling of that Remonstrance, I know many of them to be men of great and good parts, but I know none of them that are very skilful in drawing circles in the dark, and conjuring other men unawares within the compass thereof; they are open ingenuous men, whose hearts and designs have always been read in their professions and expressions, and these whom they call the abused and ensnared ones, are more intelligent and discerning men, then to be easily deceived; they are many of them eminent for grace and abilities, and such as have approved themselves in special trusts and employments relating to the Cause and Kingdom. It is true that since the presenting of that Remonstrance, some of them did slip in a day of temptation, by passing from the same; but it is as true, that it is the matter of their humiliation for which they mourn before God, and some of them so much, that hardly can they be comforted. It is to me a great confirmation of the Remonstrance, that it was approved and accepted by the Lord as a necessary duty, that gracious men, who by the tentations of the time, and the persuasions of some whose judgements they respected, being drawn into a snare at Sterline to disclaim the Remonstrance, they were within very few days after, so challenged in conscience, that they had no peace of mind till they acknowledged their fault, and resolved to walk softly all their years in the bitterness of soul. The first thing that they challenge in the Remonstrance is, That the owning of the King's just Interest, agreed unto by the General Assembly and the Parliament, was expressly laid aside, and his removal from the exercise of his Royal Power and Government advised to the Committee of Estates; but in this they do not deal fairly, not only because they leave out the Reasons upon which this is offered to be considered by the Committee, which are very weighty and important; but also because they omit to tell, that the Gentlemen, Ministers, and Forces of the West, had no other meaning in the Remonstrance as to the King's Interest, than what was expressed in the Declaration at the West Kirk of the 12. August, in the year 1650. In which the Committee of Estates, the Commission of the Kirk, and the Army, did unanimously join in their several stations and capacities; in testimony whereof they were willing, and did often offer accordingly to clear and explain the same, if so be the Commission should forbear to give any sense upon it, and let unbiased men judge if it was unseasonable to remonstrate this, upon the Kings deserting the Counsels of State and Kirk, and joining with the Malignant Party, contrary to the Covenant and Treaty. The next thing challenged is, That the authority of the Committee of Estates is thereby weakened; but it is not told how, belike it is meaned because of the freedom that is therein used, in laying before them the sins and mis-carriages of sundry of these who were then in place and power, but the discovering and taking with of sin, doth not weaken but strengthen authority; that which hath provoked the Lord to dash our Judicatories in pieces, and to bring them to nothing, is, Because they have refused to take with their guiltiness, and to humble themselves under the mighty hand of God. If the freedom that was used in the Remonstrance, in reference to Members of the Committee of Estates offend any, these four things would be remembered: 1. That what is therein represented, is known and undeniable truth. 2. That the Lord was calling thereto by his most dreadful strokes. 3. That many were hardening and habituating themselves in sin. 4. That the men who spoke, were about to lay down their lives, and therefore took liberty to speak all their hearts, that they might exoner themselves, and leave it as their testimony with others. The third is, that a way of holding up a constant division from State and Kirk is therein moulded, but nothing is said to make out this; and though some of the Remonstrators be judged and called subtle and designing men. yet as they did intent no such thing, so do I doubt exceed●ngly if they be so quicksighted as to see the strength of this inference that is made upon it; for my part, I see it not, and am content to be ignorant of it, until it shall be discovered unto me. DECLARATION. THe fifth step is, When notwithstanding of this perilous practice, all means of union of Forces, and healing of the breach was endeavoured by Church and State, yet union could not be had, except upon such conditions as the State and Church could neither in honour nor in conscience grant; whereby and through the dissipation of these Forces which aahered to the Remonstrance at Hamilton, the State and Church were necessitated either to render all up to the present rage of a perfidious and prevalent Enemy, or to make use of such as had been formerly received to repentance for their sinful courses, and admit others to repentance, from whom satisfaction might be gotten, agreeable to the Rules of the General Assembly, that all togother might be employed for the just and necessary defence of the Cause and Kingdom, their natural interest, obligations and solemny ties by Covenant calling for the same. DEFENCE. LEt it be considered what these conditions were which the Church and State could neither in honour nor conscience grant. As for the Kings exercising of his power, the Remonstrators did declare, that they had in humility propounded their judgement and the reasons thereof unto the Committee of Estates; but it was in their power to hearken unto them, and to do so, yea or no, as they thought fit, and that if they should not be pleased, still to debar the King from the exercise of his power, as he had been formerly, they would not refuse to live peaceably under him, as the Magistrate of the Land, only two things they did desire in order to their uniting with the Forces of the Kingdom: 1. That the quarrel upon which they fought, might be stated as in the Declaration of the 13. of Aug. 1650. 2. That there might be one to command the Forces, qualified according to the solemn Engagement unto duties, to wit, of a blameless and Christian conversation, and of known integrity and constant affection to the Cause of God; both which conditions were refused. Now, I would fain know a reason why these things might not be condescended unto in honour and conscience. Was it less honour or conscience to state the quarrel in November 1650. according to the foresaid Declaration, then it-was to state it in August. immediately preceding? Had any thing occurred in order to the King for altering the state of the quarrel, and making it more favourable as to him, or rather, was there not something to the contrary, to wit, his deserting of the Judicatories, giving of Commissions to the Malignants, and joining with them? Or was it contrary to honour and conscience to satisfy them in the other? Or did not both honour and conscience bind them to it? As to the employing of the Malignant Party, there is so much said in a particular Treatise to demonstrate the sinfulness of it, as also that there was no necessity for it, that I shall not now insist upon it, only I desire that to be taken notice of, which they say of making use of such as had been formerly received to repentance for their sinful courses, and admitting others to repentance from whom satisfaction might be gotten, agreeable to the Rules of the General Assembly, that all together might be employed. Which words import, that as they did require repentance in all these who were formerly excluded, and were now to be employed; so also that care was taken to receive none but such as satisfied according to the Rules of the General Assembly, both which are spoken gratis, and without ground. The first, because in answer to the Quere, and in the Warning penned for the strengthening of it (which too were the foundations of employing these men) there is no word of repentance, or satisfaction as necessary requisites in these who were to be employed in the defence of the Kingdom, and of the Cause, but the exceptions in the Answer exclude only excommunicated persons forefaulted, notoriously profane, or flagitious, and such as have been from the beginning, and continue still, or are at this time obstinate and professed enemies and opposers of the Covenant and Cause of GOD; and most, if not all the Arguments in the Warning run for employing all men who are Subjects without any such qualification. The last because the order prescribed by the Gen. Assembly was not keeped in receiving of them: That Order (as is evident from the Act of the Assembly 49. concerning the receiving of Engagers) is, That because many heretofore have made show and profession of their Repentance, who were not convinced of their guiltiness, nor humbled for the same, but did thereafter return with the dog to the vomit, and with the sow to the puddle, unto the mocking of GOD, and the exceeding great reproach and detriment of his Cause: Therefore for the better determining the truth & sincerity of the repentance of those who desire to be admitted to the Covenant and Communion, It is appointed & ordained, that none of those persons who are debarred from the Covenant and Communion shall be admitted and received thereto, but such as after exact trial shall be found for some competent time, before or after the offer of their repentance, according to the discretion of the respective Judicatories, to have in their ordinary conversations given real testimony of their dislike of the late unlawful Engagement, and of the courses and ways of Malignants, and of their sorrow for their accession to the same, and to live soberly, righteously and godly; and if any shall be found, who after the defeating of the Engagers, have uttered any malignant speeches tending to the approbation of the late unlawful Engagement, or the bloodshed within the Kingdom for promoving of the ends of the said Engagement, or any other projects or practices within or without the Kingdom, prejudicial to Religion and the Covenant, or tending to the reproach of the Ministry, or the Civil Government of the Kingdom; or who have unnecessarily or ordinarily conversed with malignants and dis-affected persons, or who have had hand in, or accession to, or compliance with, or have any ways countenanced or promoved any malignant design, prejudicial to Religion and the Covenant, that these, notwithstanding their profession of repentance be not suddenly received, but a competent time, according to the discretion of the Judicatory be assigned to them for trial of the evidence of their repentance, according to the qualifications abovementioned. Now let Consciences speak, whether this order in receiving these men was observed yea, or not; yea, it was so far from it, that they were received without such evidences in a very rash and precipitant way, unto the most manifest mocking of Repentance that hath been heard or seen in any Church in the world, many of them flouting and jeering at the Judicatories of the Kirk, and one at another, and making sports of their Confessions amongst their companions, and giving as much evidence of their malignancy and profanity and hating of godliness in their speeches and carriage as of before: Did not the Commission make such haste to receive these who had broken out in Rebellion, and risen in Arms against the Cause and Kingdom after Dumbar, that notwithstanding they had once by an Act remitted them all for censure to the Gen. Assembly, and intimated the same to Presbyteries, that they might not be admitted to the renewing of the Covenant or Communion, till the Assembly should judge of their case; yet they did after the Answer to the Quere make a new Act for receiving them, to the great offence of the godly, and exposing of their own Authority to contempt and reproach. DECLARATION. THe 6. Step is set down thus, Notwithstanding some men had thus occasioned the making up of our Forces as they now are, yet not only did they themselves refuse to join with them, but opposed by all means possible the raising of the Army according to Public Resolutions, what by preaching, what by writing, what by branding ho●●st men (many of whom did bear the burden and hea● of the day when others were not) with the odious imputations of back-sliding, Covenant-breaking, and what not? Public Fasts were separated from and contemned, Factions drawn amongst the People; in a word, no means were left unessayed to make Public Resolutions in order to the raising of the Army ineffectual, without holding forth any possible or probable means for the relief of the Kingdom: All which (what ever have been the intentions of men) do of their own nature contribute no less effectually to the delivering up of all to the will of the Enemy without stroke of sword, then if it had been purposely intended. DEFENCE. PRejudice stretcheth far to reach a blow. Albeit it is here asserted that some men did by all means possible oppose the raising of the Army, according to the Public Resolutions, and that they left no means unessayed to make these Resolutions ineffectual for raising of the Army, yet they must be the men who thus occasioned the making up of the Army as it was: How this should be I do not well know, unless it was by an Antiperistasis, as heat sometimes occasions cold, and cold, heat; or, as the preaching of the Gospel occasions war upon the earth. It is like enough that the Testimony which was born against that way did instate men's corruptions and make them more violent and headstrong in the prosecution of the same. But their meaning happily is, That these men did oppose the union of the Forces, or would not suffer others to rise for the defence of the Kingdom and Cause, and so put the Committee of Estates upon a necessity of employing of these. To joining of the Forces we have spoke before, and shown upon what terms they were willing to have joined, and that there never came to them any Order or Command from the State for conjunction, and for the other, until there was stumbling-blocks put in their way by the Public Resolutions; they were so far from hindering any, against whom there was not just exception, that they were willing to employ themselves to the utmost in defence of the Cause and Kingdom, and gave abundant proof thereof from the time they first took up Arms until the month of December, that the Lord was pleased in his wi●e dispensation to break them at Hamilton. The Public Resolutions being contrary to the Word of God, and to the Covenant, and to the Actings and Proceed of both Kirk and State in the Cause these many years past, and involving so sudden and gross a change both of Principles and Practice, gave occasion to many gracious ones throughout the Land to stumble, and to many Ministers to bear Testimony against them both by preaching, and by writing their minds to the Commission of the Kirk, and to others of their Brethren as they had opportunity: Upon which occasion also it was that many were necessitated to withdraw from such Fasts as did involve an approbation of these Resolutions; and what was in all this but duty? May not, yea, ought not the servants of God, Ministers and People bear testimony against declining and backsliding, and study to keep their own garments pure, and refuse to say a confederacy to wicked men in the Interests and Cause of God. It is a shrewd insinuation that is made of their drawing factions amongst the People, as if they had stirred the People to sedition, or to tumults: The utmost length which Ministers went, was to hold forth the sinfulness of that course, how contrary it was to our former Principles, how it would help to hasten on more wrath; or if it did seem to prosper, how dangerous it would prove to the Cause and People of God by setting up of such as had been, and still were adversaries to both, and the greatest length which People went, was, To profess their dislike thereof, and without tumult or faction to withdraw, or in a sober and modest way to refuse to concur, because they had no clearness nor satisfaction in their consciences concerning these Resolutions; withal, they did clearly declare their judgements against the Invasion, and for the defence of the Cause and their Country, and their readiness to concur in all lawful means, according to the Word and former Principles for that end. If any who had been formerly honest, and born any part of the burden and heat of the day, were branded as backsliders, it was not so much by Dissenters from the Public Resolutions, as by the multitude of that generation with whom they did associate, I mean the Malignants who did not spare openly and every where to say. That these honest men were now come to them; as for others, though they cannot so vindicate themselves as to say that there is none amongst them who doth at any time speak rashly or unadvisedly with his lips, yet the Lord knows it was the grief of their hearts that honest men should have fallen from their integrity; and though they could not choose but bear Testimony against their sin, yet they did it as afflicted in spirit, keeping reverence, respect, and affection unto the men themselves, and had the iniquity been private, they would most willingly have covered the shame thereof, but it was public and such as did relate to the public Cause, and wherein their con●ent and concurrence was desired, and therefore they were forced to speak, and not to suffer sin upon themselves nor upon their Brethren. There is yet one thing remains, That whilst no means were left unessayed for making of Public Resolutions ineffectual that no possible nor probable mean was holden forth for t●e relief of the Kingdom; if it be meant as to the time when these Resolutions were first taken by the Commissions Answer to the Parliaments Quaere, there could nothing of that kind be then holden forth by such a are dissatisfied with these Resolutions, because few or none of them were present, advertisments not being so much as sent to many of them, and the time being so short that others could not come upon the advertisments which w●re sent to them. The advertisement came to Sterline upon the Tuesday to be dispatched unto all the Presbyteries in the West, that their Commissioners might keep at Perth upon the Thursday immediately following, which day could not probably be but past before the advertisement came at most of them, it being in the depth of the winter-season when the day was at the shortest, and by such bearers as was not fixed, or sent of purpose, but by such as were occasionally going to those places for other business; yea, suppose the utmost diligence imaginable had been used, it had not been possible to send these Advertisments from Sterlin to the Commissioners of these Presbyteries in the West, in so short a time, and these Commissioners thereupon to have kept the Diet at Perth, as any who knows the distance of these places, will easily acknowledge, it being above forty miles betwixt Perth and Glasgow, which is the nearest of the Presbyteries of the West, the rest of them being a good deal more remote, some of them three or fourscore miles: And if it be meant, that after the taking of these Resolutions, no possible nor probable mean was holden forth by these who did object against them, it was to no purpose then to do it, the Authors and Abetters of them being so zealous for them that they would admit of no objection to the contrary, much less be content to wave these Resolutions, and go to a calm and peaceable enquiry about other possible or probable means of defence; and yet, as before the taking of these Resolutions, the possibility and probability of other means had been often holden forth, so was it also holden forth after the taking of these Resolutions. To say nothing of Treaty and Conference (which was moved by some, but peremptorily and bitterly rejected by others) the possibility and probability of getting an Army, without employing and entrusting of the Malignant party, was holden forth, and they who did assert otherwise, did a great deal of wrong to the Kingdom and Kirk of Scotland, and make them too much malignant. It is true, they were considerable for number, power and policy, who were and aught to have been excluded; yet were there as many besides as might have been means competent, in rational prudence, for defence of the Kingdom and Cause, especially in a Nation covenanted with God, which ought to be tender in all their ways, and to stay themselves, not upon Horses and Chariots, but upon the Name of the Lord. After the setting down of all these things, they are pleased to assert, That they do of their own nature contribute no less effectually to the delivering up of all to the will of the En●m●e, without stroke of sword, then if it had been purposely intended. As no evil cause can of itself produce any good effect; so neither can any good cause of itself produce an evil effect; good and evil being contrary in their natures, and the one not natively arising out of the other: What was done in these, was duty and good in itself, and therefore had no connexion in itself with any evil thing that is charged upon it: when I read this charge● I remembered the challenge of the Pripets of Jud●h against the Prophet Jeremiah, That he weakened the hands of the men of war that remained in the City, and the hands of all the People; and that he sought not the welfare of the People, but their hurt; Jer. 38.4. DECLARATION. THe last step is set down in this answer to the Protestation; but because it is ushered in with a large Preface that is not mentioned in this Answer, therefore I shall speak somewhat also to that, the words are these: 7 Notwithstanding of all which insolences, The Commission of the last General Assembly carried themselves with much clemency to wards their chief opposers, not only forbearing to censure them, though it was within the bounds of their Commission so to have done, but also lest their own Presbyteries should have proceeded to severity to censure, they appointed to ci●e them to the General Assembly, that after calm debating of the matter, and liberty given them to propound the grounds of their dis-satisfaction to the full, they might either receive satisfaction, or otherways such courses for healing might be taken, as the General Assembly in their tenderness towards piety, and these who are pious, and in zeal to the distressed Cause and Kingdom, should think fit; but they unwilling to have their opinions brought to the touchstone of the Word of God, and solid reason in a free Gen. Assembly, did content themselves to have protested against the Act of the Gen. Assembly, approving the proceed of the Commission of the Kirk, if so be after debating on both hands, such an Act should have been made: but before the main point of difference was so much as once debated, far less any conclusion passed upon it, some of them did protest against the determination of the Assembly in that particular, as if they had stood in no need of further information from the debates of learned and gracious men which were to be had upon it in the face of the General Assembly and others of them by an unparallelled practice (except that of the perfidious Prelates at the General Assembly at Glasgow, who mind the over throw of all Assemblies for ever) did absolutely decline the authority of the General Assembly, protesting against it as null, etc. DEFENCE. IT is in the first place denied, That the Commission of the General Assembly had any power at all to censure any of these who did oppose these public Resolutions, because their power as it was only in things committed unto them by the Assembly, so were they to walk in the administration thereof, and to exercise the same according to the Acts and Constitutions of this Kirk; but there was then no Act nor Constitution of this Kirk appointing the opposers of such Resolutions to be censured, that Vindication so much cried up in this Review, doth acknowledge, that these Resolutions were indeterminati juris, or things not then determined in Law by any Act or Constitution of this Kirk, and therefore seems to yield, that the Commission had no power to censure the opposers of them; yea, there are many Acts and Constitutions of this Kirk, as hath been often showed, expressly condemning these Resolutions, and ordaining and appointing Ministers under the pain of censures, not to be silent, but to bear testimony against the same, as will appear to any who shall be at the pains to read the Acts, Warnings and Declarations of Assemblies, especially since the late Reformation● What their clemency was in the exercise of that presumed power, is holden forth in the Answer to the Vindication of the Assembly at St. Andrew's and Dundee, in which is showed from their own Records, that they did not only emit and send abroad Warnings to be read amongst the People, wherein they did apply most of the Characters of the old Malignants to such as were unsatisfied with, and did bear testimony against these Resolutions; but also did declare them to deserve censure by the Civil Magistrate, and stirred up the Magistrate to inflict that deserved censure, and made Acts and sent to all the Presbyteries, requi●ing and appointing them to censure the opposers of these Resolutions within their bounds; and as to the citing them to the General Assembly, lest their own Presbyteries should have proceeded against them. I confess it would almost stir a patiented spirit to hear such things asserted. If they did not intent that Presbyteries should censure them, why did they long before that time make an Act, and send it to Presbyteries, requiring and appointing them to censure them without any limitation of the censure, as to the point of severity. 2 Was there so much as a title of that reason in their Act, for summoning of them to the Assembly, or for forbearing to proceed in the Processes of any whom they were begun to process. 3 It is more notourly known, then can be gotten warrantably denied, That that citation was not in order to that end, but that they might be secluded from being Commissioners to the Assembly, or sitting therein as Judges of the Public Resolutions. 4. There were but few Presbyteries who had then ●ome that length, as to proceed to any censure against such; and many Presbyteries were of the judgement, that such as were for the Public Resolutions; deserved to be censured, and not the opposers of these Resolutions; yet that Order for citation was se●t to all the Presbyteries in the Land. 〈◊〉 The cure seems as evil if not worse than the disease, to cite them before the Assembly, was to put them on the Stage before the Supreme and must Public Judicatory in the Land●, as guilty and worthy to be de●●●red in the most Public way of they could expect nothing but severity of their Presbyteries, i● many of which they had many of the same mind with themselves, (yea, in many the plurality was of their judgement) what could they expect in the Assembly, from which almost all such were excluded by the Letter and Act of the Commission prelimiting Elections. The Assemblies proceed did make it manifest what courtesy they found there, some of them being actually censured with Suspensions, and others with Deposition; and a foundation laid, & Acts made for censuring all of them. 6. It was strange that they should be cited to the Assembly to receive satisfaction, when the Assembly had not yet concluded, that what they did hold, was wrong, and contrary to truth and sound doctrine; sure the Commission having no former Act of any former Assembly approving of these Resolutions, as is acknowledged by the Author of that Vindication; they did fish too far before the net to cite men to the Assembly, to receive satisfaction thereanent. This favours too much of pains taken and endeavours used, to prelimit the Assembly, and model it after their own mind. That some did protest against the approving of the Proceed, of the Commission of the Kirk before the Assembly did make any Act ratifying the same, was not from any unwillingness to have their proceed tried by the touchstone of the Word, or to receive light from any gracious & godly in that Meeting; but upon persuasion that these Resolutions were contrary to the Word, and that the far greater part of the Members of that Meeting, had upon the matter go●e ve●y far to declare themselves as to the approving of these things before the try all. of them, because it being objected against these Members of the Assembly, who were Members of the Commission, that they had carried on a course of defection and it being offered to verify the same, and thereupon desired that these Commissioners might not be admitted to sit as Members in the Assembly, till that matter were tried, it was refused, and notwithstanding of the except on timeously propounded and offered to be instructed, they were before the taking try all thereof; allowed to sit, which was in effect to reject the exception, either as irrelevat in Law, or as false in fact, and so to approve them before try all; yea, they were admitted to ●i●●s Judges in their own cause; for the Protestation being particularly founded on the sinfulness and unwarrantableness of their proceed, yet they were allowed to sit as Judges, and to condemn the Protestation as destructive to the Government and Liberties of this Kirk, and censurable with the highest censure thereof. Upon the 23 of July 1651. notwithstanding their proceed were not approven till the day after, which was the 24. That others of them did absolutely decline the authority of that Assembly, and protest against it as null, was a practice that hath many commendable and praiseworthy parallels in this Church; and therefore they do speak more from their own spirit then from the spirit of truth, who cry out, that it hath no parallel, but that of the perfidious Prelates. The Declinatours of the prelates against the Assembly at Glasgow 1638. as any who pleaseth to read the same will find, that it doth strike at the root of Presbyterial Government and General Assemblies, in regard of the essentials of their constitution; but the Protestation doth acknowledge and plead for the Government, and for the due liberty and freedom, and right constitution of Assemblies, according to the ru●e of the Word of God, and Acts of this Kirk, and doth only bear testimony against, and decline that Assembly, because of unwarrantable prelimiting of the Elections, admitting of persons under scandal before trying o● them, admitting of the same men to be both Judges and Parties want of fr●● access and recess, absence of many Commissioners, want of freedom in voicing, denying to hear what was offered for, holding forth of light, whereby ●t appears that there is little conscience and ingenuity, and less charity in making of that parallel. But the History and Acts of our Church do furnish us many just and true parallels of this practice in the carriage of the faithful witnesses of our Lord, in our own and our father's days, who have stood to plead for the Doctrine, Government, Worship and Discipline of this Kirk: I shall only name a few: The first is in the year 1597. at which time the Commissioners of the General Assembly having contrary to the trust committed to them in these intervals betwixt Assemblies, petitioned and obtained from the King and Estates of the Kingdom, that Ministers should sit in Parliament as the third Estate (which was the foundation of our Prelatic) their proceed in that Petition, and the thing relating thereto being approven in the Assembly by the prevalling influence of the King, and these Commissioners, notwithstanding of the reasons propounded against the same by sundry of the Ministry, M. John Davidson a most worthy and pious Minister of this Church, endued with the spirit of Prophecy in many things, and as anti-prelaticall, and truly tender of Presbyterial Government, and of the authority of Assemblies, as any this Church hath brought forth, did solemnly protest against that Assembly, as not free and lawful; to which Protestation Mr. David Cal●erwood a strenuous maintainer of the Government of this Church, and a constant adversary to Prelates, & an unsuspect witness in this present controversy, declareth in his Story, his own adherence & the adherence of many of the most sincere Pastors and Professors of this Kirk, as seeing the beginning, and fearing the growth of that defection. Likeas he did often from that experience, express his fears, and thereupon his opinion against putting too much power in the hands of a Commission, and prognosticated a defection to ensue thereupon, whensoever the King and the Court should have influence upon the leading men thereof, concerning which he hath not been mistaken. 2. Did not many worthy Pastors and Professors of this Church, protest against the corrupt Assemblies, annulled by the Assembly at Glasgow, sundry of which Protestations are to be seen in the Book, called, The course of Conformity. Let our Predecessors Supplications, Reasons, Admonitions, Protestations presented to the Parliament 1617. and 1621., be considered, wherein they assert the Assemblies then controverted, to be unlawfully constituted, and to be but pretended Assemblies, though no authority had declared the same. See also the Observations Printed 1635, with the grievances given in by the Ministers to the Parliament 1633, It is here well said, that the safety of Religion dependeth not upon Assemblies of whatsomever kind, but upon the liberty of free and right constitute Assemblies, a● in the Commonweal, he were not to be thought a faithful Patriot who would not stand as much for the liberty of a Parliament, as his own possessions, because the safety of all other liberties standeth in the preservation of that main Liberty. 3. did not these whose spirits the Lord stirred up to appear against the Prelates, and to set on foot the Work of Reformation in the year 16●7. expressly declare thei● adherence to all these Protestations made by their Fathers and Predecessors, declaring the nullity of these corrupt Assemblies, and thereby establishing the Declinatours against the same before the Assembly at Glasgow, which practice was as strangely looked upon, and as mu●h spoken against then, as the practice of the Protesters in the year 1651. 4. Our Nationall Covenant doth both mention and allow these Protestations against that whole course of Defection; whence it appears that that practice at D●●dee hath many, both very worthy Precedents and Parallels; and that to protest against corrupt Assemblies (such as that was) hath been so far from being looked upon by discerring faithful and godly men in this Kirk, as the throwing down of the hedge of Discipline, and making way for every beast of the forest to break in, as this Reviewer allegeth, that they have used it as one of the best means for preventing and remedying of these evils, and so it is indeed, because as it is well observed, and truly Asserted in the great Act of the Assembly, concerning the by gone evils of this Church, and the Remedies thereof, that the keeping or authorising of corrupt General Assemblies hath been one of the main causes of our evils; by these it was that the Prelates, and all the train of superstitious Ceremonies did enter, and having had such worthy precedents, in opposing of such and such doolful and dear bought experiences of the wrong they have done to this poor Church, there is the greater reason to take heed to stand fast in the liberty wherewith CHRIST hath made us free, and not to be again entangled with the yoke of bondage of corrupt Assemblies. It is added, that the grounds of that Protestation at St. Andrews are frivolous and false, and such as makes the Authority of all the Assemblies of this Kirk since the begun Reformation to be called into question upon the same or the like pretences; and for making out this, the Author of this Refutation remits his Readers to a piece, Entitled, A Vindication of the late General Assembly which he doth here commend as modest, solid, and judicious, and afterwards, as a pl●ce not yet answered, nor easily answerable. It were a great deal more convincing and commendable to demonstrate the grounds of that Protestation to be false and frivolous then to call them so, and do no more: That Vindication hath indeed in it more modesty and solidity and judgement and nerves than this Refutation and Review; as we acknowledge a difference betwixt the men from whom these proceeded, so also betwixt their writings, yet if even indifferent men be not mistaken, it wants much of that modest, that had been suitable, and that solidity and judgement and nerves are in it: As to the Vindicating of the freedom and authority of that Assembly, and showing the frivolousness and falsehood of the grounds of the Protestation against the same, may appear by reading and pondering of the Review of that Vindication, in which the strength and truth of the grounds of the Protestation are convincingly established and clea●ed, and the many great mistakes of the Author of that Vindication, both in matters of judgement and matters of fact are discovered, and the Protesters eased of the burden of many heavy things laid upon them. I might say more for that Review, but it needeth not my commendation: I suppose it shall not want that from Adversaries. As to that which this Refuter saith of the devil's design of division; I shall easily grant that division amongst Brethren is an evil thing, in which the devil hath indeed a design, and an active hand, but that subtle serpent sometimes gains by Union as well as by division, and therefore is Satan as loath to be divided against Satan as he is desire●us to divide the Children of God amongst themselves, and when he gets a multitude going in a wrong way, he can as much plead for Union and Peace, and against division as any. As it hath been the grief of the Protesters souls to see their Brethren divide from their former good and sound Principles, so did they, and do hold themselves bound to adhere and cleave thereto, though never so many should forsake them therein, and cry out upon them because they will not follows multitude to do evil. There is in the same place a despiteful exageration of the giving in, and publishing of the Protestation against the last Assembly at Edinburgh, as an Act of Satan's in which he did add violence to despite, etc. It is not good to meet reproach with reproach; I shall only say that what the Protesters did therein, they did it with sad hearts, and not till a necessity of duty did constrain them there●nto, because of a most wilful and peremptory refusal of any Conference in order to Union and peace, before the assuming of the power of an Assembly, notwithstanding that the same was most earnestly desired, and much pressed, not only by the Protesters themselves, but also by some of the most judicious godly and eminent men of that Meeting, and after that it was clearly holden forth to have been agreeable to the practice of former Assemblies, and that it could have brought no apparent prejudice to the cause of these who were most zealous for the sitting of the Assembly, unless it was to have put them to the charges of staying some few days longer in the Town. It is well he acknowledges that it was done by men who were eminent in our Assemblies. It seems when a testimony to their eminency in Assemblies can contribute for the aggravation of the supposed offence, his heart can give it unto them, but when the denying can make for weakening their cause he can studiously depress them, and study so far to undervalue them, as that men should account them nothing, as he doth in the 12. page of his Pamphlet. It is indeed true, that not a few of these who had hand in that Protestation have been in our Assemblies, and upon the account of this mercy among others, they did hold themselves the more bound to plead for the freedom of Assemblies, and to bear testimony against the corrupt ones at St. Andrews and Edinburgh. That it was done in the City of our solemnities, and in the face of the Assembly, was because, where the carcase is, thither will the eagle's resort; the tre●passe was there, and so behoved the testimony be there also. That it was put to the Press albeit I see not the fault in so doing, they against whom it was given in, having now constituted themselves, and being sitting openly and avowedly in an Assembly, yet I am confident there was no resolution taken, nor order given by the Meeting of the Protesters for so doing; But private Copies were taken, and who was obliged to hinder such as pleased to cause print it; when some of the number heard that it was in Printing, they desired and endeavoured that it might be stopped, till they should see the issue of the conference, that then was betwixt some few of both sides; the Copies were not published till the next day after, that conference was broken off, and business as to that time rendered in all appearance hopeless as to an agreement, because the Assembly had not passed an Act for ratifying the proceed of the Commissioners appointed by the Assembly at Dundee, which did include the Public Refolutions, and had also signified what length they meaned to go in order to the differences betwixt us and them, which was only to take censures off these Brethren who had been censured by the Assembly at Dundee because of their Protesting, and to declare that others involved therein, and in the Protestation against the Assembly at Edinburgh should not be censured, providing that they would judicially under their hands pass from these Protestations, and engage themselver to forbear meddling in the grounds of these differences, by Preaching, Writing, or otherwise, which did import a standing of all these Acts at Dundee concerning the Public Resolutions, and the opposers of the same, and a passing from, and revoking of all the Testimonies given against the Lands backsliding, and an engagement to forbear for ever hereafter; to say that Kirk or State had sinned in these Resolutions, and these were the bowels of Christian Condescendence, of which this Member of that Assembly at Edinburgh speaks, the sum whereof is a pardon upon Repentance, or rather an hire upon Compliance, a forebearing to afflict and persecute any more, providing that we will abandon the Truth, and call good evil, and evil good; but we dare not be accessary to the receiving such wages of unrighteousness, let us rather suffer then sin, and lie under, or be put under censures with a good Conscience, then be freed from them with an evil conscience. I have now answered what is said, against the Protesters, in that Declatation of the pretended Assembly at Durdee, which this Reviewer and Refuter mentioneth with so great commendation and applause; And seeing these who have declined from their former Principles, have made it their work to endeavour to discover steps of defection in those who have wnitessed and protested against the Defection that hath been in this Land; which was the usual way of the Prelates against Non-conformists in former times. I shall, for making a clear discovery, go nearer to the springhead and rise of our differences, than this Reviewer and his friends of the pretended Assembly have done, who would shroud themselves in some particular wind and turn of affeirs, by which they would amuse simple understandings, but they keep a great distance from the fountain and beginning of our divisions, and are loath to remember where we were once, and wherefore we parted: Therefore I shall shortly set forth some few steps of the late Defection and declinings from our former principles, and let indifferent men judge who have been the Authors, and are to this day the Abetters thereof. Since the time that the Lord began a work of Reformation, in the year 1637. there hath been a constant harmony amongst the Lord's People, and in all Proceed, Declarations, and Public Actings of State and Kirk, great unanimity against the Malignant party and their Interests: And though in the year 1648. the State declined, yet the Kirk, and body of zealous Professors in the Land, remained steadfast in their principles; and after the defeat of the Forces that went into England, the whole Land did for their further confirmation in the Lords ways, enter into a solemn Acknowledgement of sins, and Engagement to duties; at the renewing of the Covenant, which was about the end of that year. In the year 1649. there was great concord betwixt Kirk and State, both adhering to their Principles, and the Lord wonderfully blessed their Counsels and Forces; as also in the beginning of the year 1650. And whatever secret underhand deal there were for the promoting the Malignant Interest and Conjunction with that party, yet it was little known to the far greater part in Judicatories of State and Kirk, who (I am confident) went on in the simplicity of their hearts in their proceed, studiously desirous to avoid the splitting on the rock of Malignancy, aswel as the rock on the other hand. The first visible step of deelining that was taken notice of by the generality of zealous Professors in the Land, was that transaction made at Bredah with the King, by the Commissioners of State and Kirk, expressly contrary to their Instructions: and notwithstanding both State and Kirk did unanimously signify their great dis-satisfaction therewith, and declared against the said agreement in ma●y particulars, especially in reference to Malignant Interests and designs, and conjunction with that Party; all which was made known to the said Commissioners by Letters and Declarations from State and Kirk, which were delivered unto them before the Kings coming from Holland, yet without so much as acquainting the King therewith, they brought him on shipboard, and alongs with him, the chief of the Scottish and English Malignants, known enemies to the Cause and Work of Reformation. (I do not charge all the Commissioners as equally sharers in the guilt of that sad transaction, for which the Land suffreth and lamenteth to this day, I know that such of them as had least hand therein, have been most ready to acknowledge their offence; and that these who were most guilty, do stand for their own justification, which aggravates their sin both before God and men) as to that which was done afterward, sad experience hath taught us, that it was but a pitiful aftergame they made in their second Treaty, while the King was at Sea, immediately before his landing in Scotland, and it was so far from being a remedy, as it hath proved an inlet to further transgression and misery. The second step of defection was, That these Commissioners when they were come home, being desirous to maintain their own credit, dealt not faithfully in giving a true account of their proceed to the Parliament and General Assembly, but concealed many things of consequence, and smoothed and varn shed their report of Proceed with fair generals, whereby both the Parliament and General Assembly were deceived, and induced to allow and ratify their Proceed. The third step was, That when after Dumbar, the King had given Commission to the Malignant Party to rise in Arms, and upon their rising had deserted the Counsels of State and Kirk, and gone away to join with that Party, the State did fond for the King, and forthwith admit him to have the chief hand and Government in all their Counsels and managing of Affairs, from which upon weighty considerarions he had been still debarred formerly by the State, upon advice with the Kirk, and not many days after his return, matters were so conveyed, as an agreement was made with these wicked and bloody revels; and not only their present rebellion and band into which they had entered among themselves, but all their former transgressions were passed over by the State, and in that transaction also, there was a foundation laid for employment of them in places of trust. It is true, that the Commission of the Church gave some testimony against these proceed, the consciences of divers of that Meeting being then offended with so gross declining, but afterward through the great opposition they met with, were much blunted. The fourth step was, That as the Kirk and State began to grow in their favour and respects towards the Malignant Party, this new friendship begat an alienation of their hearts from honest and faithful men who gave testimony against these corruptions; for usually conjunction with God's enemies is attended with persecution of his friends; and therefore the Western Forces being dissipated, and great hopes conceived of the assistance of the Malignant Party, both State and Kirk did condemn the Testimony given by the Gentlemen, Officers, and Ministers in the West, in their Remonstrance to the Committee of Estates; notwithstaning that in a Meeting of the Commission of the Kirk at Sterline, that Remonstrance was cleared and vindicated, and all objections against it were so fully answered by Members of the Commission, as the chief oppofites thereof, had no more to say against it, but were silent; notwithstanding also that some of the Gentlemen gave in a Supplication to the Commission, wherein they desired, that before any censures pasted thereupon, these that were concerned therein might be allowed a due hearing, and that a convenient diet might be appointed, at which they were very hopeful to remove all mistakes, and clear it from all sinister interpretations. The fifth step was, That some leading men of the Commission did conveen ex raordinarily a small number of the Commission of the Kirk, few above a Quorum, to make an answer to the Parliaments Quaere, viz. What persons ought to be employed in Arms for defence of the Kingdom, and slighted sending of timeous advertisement to such as they knew would oppose their design of bringing in the Malignant Party, to be Guardians of the Cause and Kingdom, which formerly they had endeavoured to destroy, and with great haste and precipitation, concluded an answer to that Quaere, and laid a foundation for present conjunction with the Malignant Party, contrary to the Word of God, and to the Covenant, and to our known principles clearly expressed in Acts and Declarations of this Kirk. They did not rest here, but in the sixth place they put forth exhortations and Watning, wherein they threatened all these who are unsatisfied with, or do oppose the Public Resolutions with punishments and censures to be inflicted by Judicatories, Civil and Ecclesiastic, respectively; Yea, they proceed further, to apply against such the Characters of Malignants, and to stir up the Civil Magistrate against them, and Presbyteries to censure them, and the Act which the Commission had made for referring the Malignants that had risen in Arms, to the next General Assembly: and in the mean while suspending them from the Sacrament, was by themselves revoked, and in their stead faithful Ministers of unquestioned integrity, who were unsatisfied in conscience with such Malignant proceed, were appointed to be cited to the Assembly. Neither was all this enough, but in the seventh place there must be yet a nearer and full conjunction with the Malignant Party, they were already advanced to chief places of trust in the Army; but the Acts of Classes made against James Grahame late Earl of Monirose his bloody Complices and Associates, must be repealed and broken, and the Malignant Party advanced to the chief places of trust in the Land, Civil as well as Military; and in effect, to have the whole sway in Court, Parliament and Army. In this both Kirk and State did concur. It is true, that the Commission of the Kirk did in that transaction, require a Band of Lawborrows to be taken of the Malignants before their admission to sit in Parliament, obliging them not to endeavour the repealing former Acts made for Religion, and that they should not revenge themselves upon any for opposing or censuring them for their Malignant courses; but all the former Bands given by them for keeping the peace, were discharged, and all the penaities of them; and now all the certification and pain required in case they should fail, was, that they should be declared Malignants, and lose their places; a pretty fancy indeed to declare them Malignants. And who should declare it? The Act of Parliament saith, It must be first found by the Parliament, Committees of Estates, or Kings Privy Council, that they have contraveened this Band, and the far greatest part of them were known Malignants in all their ways. No sooner was the Malignant Party admitted to Parliament, but forthwith all who would not concur for promoting the Public Resolutions, were declared Enemies, their persons ordained to be imprisoned, and their estates confiscated, and in this they answered the expectation of the Commission of the Kirk, published in their Warning March 1651. wherein they foretold, that no doubt civil punishment would be inflicted by the Civil Magistrate. The eight step was, That the Commission of the Kirk, a subordinate judicatory, limited in their proceed to the Acts of former General Assemblies, did take upon them to prelimit the elections of the ensuing General Assembly, by laying a foundation for debarring all such as had opposed their Resolutions (which the Author of the Vindication so much cried up in this Pamphlet grants to be contraversi juris, and that they have not for their warrant the precedent and practice of any former Assembly) and for constituting the Assembly of men that were of their judgement, and had practised these Novations by them introduced, which is a preparative of so dangerous consequence, that being admitted, we cannot expect hereafter right constituted Assemblies, nor look that the purity and power of Religion shall be long continued among us; but the subordinat Judicatory being permitted in the Interval betwixt Assemblies, to make rules for constituting the en●uing General Assembly, we may ere long be led back to Prelacy and Popery. The ninth step is, That election of Commissioners being made generally in Presbyteries according to these prelimitations, and they being met at St. Andrews; did refuse the peaceable Overture made to them by these brethren who were unsatisfied with the Public Resolutions, did admit persons under scandal, to sit as Judges, after exception made publicly against them; yea, did admit them to be both Judges and Party, and did according to the designed prelimitation, exclude faithful and godly men, for their opposition to the Public Resolutions; all which and much more is fully cleared in the Review of the Vindication of that Assembly. The tenth step is, That the said pretended Assembly thus corruptly constituted, did ratify and approve all the Public Resolutions, censure godly and faithful Ministers for their witnessing against these corruptions, and enact against the generality of zealous Professors within the Land, that all who did oppose, or after conference did not acquiesce in their determinations, should be proceeded against with the censures of the Kirk, and the Commission of that Assembly met at Forfar 22 August, did in their printed Warning, denounce the heavy curse of God against all that did not concur in their Public Resolutions, and appoint the same to be read in all Congregations on the Lord's day, which if well considered, I suppose may be a parallel to the tyranny and usurpation of the Prelates, and in some respects above the same; for they did not enjoin the practice of the five Articles of Perth, under pain of censures and curses for divers years after they were concluded in that pretended Assembly. I shall now proceed in answering this Reviewer, who hath collected the sum of the Observations made in their Assembly upon their reading of the Protestation, and hath borrowed some things from the Author of the Vindication. Beside these, I find nothing in him but frothy words and reproaches. He saith, he will pass the Representation, and also wave the Propositions, because satisfactorily answered by the Assembly: wherein he is greatly mistaken, for divers of them are not answered at all, and others of them only with equivocations, for which let this one instance serve for the present, to wit, because we conceive their late proceed relating to the Public Resolutions, have obstructed and shaken the Work of Reformation, we desired that they would give assurance that they approve of the Acts of uncontraverted Assemblies, concerning receiving of Penitents. In their answer they leave out the word uncontraverted, and so include their late Assemblies Acts, which are the things we complain of. As for the Representation, he should have considered what himself saith in that same page, that in some cases a Protestation is lawful; how can he then judge this Protestation unlawful, which is grounded upon the refusal of the just desires made in that Representation without considering the same, but he may not stay, therefore he makes long steps that he may come soon at the Protestation, his words are these, I shall God willing grapple with them in their arsenal of the Protestation itself; yet shrrtly glanceing only at some principal things, Quid dignum tanto tulit hic promissor hiatu. I shall not trouble myself with his vain boastings, but proceed to try what strength is in his Arguments. PROTESTATION Reviewed. Where I begin with the Tittle. A Protestation which was gaven in against the Supreme Representative of this Kirk. Although I do not deny but that Gener all Assemblies, may err, and the Godly be so put to it as to have no remedy left them in Law but to protest, yet except the case be clear and sure, this course is one of the highest contempts of Ecclesiastic Authority; The last refuge for removing of seanda●s, being Mat. 18.17. Tell the Church, after which nothing remaineth, but it he neglect to hear the Church let him be as a Heathen or a Publican; I trust whatsoever glosses others put on the words, there is no difference betwixt our Brethren and us about the Exposition of them; and hence appeareth the equity of that Act and practice of our Assemblies, inflicting the hig hest censures on such, and reason, since they in the highest measure neglect to hear the Church; neither is there now any ulterior, or superior Judicatory to go to: But what if she 〈◊〉 not, and whether she do or not, wherein have these men shown their respect to their Mother, who what in them lieth (but blessed be the LORD it lieth not) would discover her nakedness, when others than Brethren are to behold it? Let them take heed if this be not a main step to separation (which in words they seem to abhor) when as they Protest and Profess they will not hear us, so they would cast on us a kind of necessity to hold them as Heathens and Publicans; but to prevent this they have found a way of their own, and as (if they had not been of us) they are gone out from us, and setting up to do their own business without us, as they seem to intimate in the last page of their printed Paper after the Protestation, contrary to the very Fundamentals of the Discipline of our Kirk, which is and ever hath been professed to be by Presbyteries, Synods, and National Assemblies duly subordinate one to another, all which their course overturneth, while they walk in another way to make the matters of their Propositions practicable as they say: But besides that, a Protestation is at best (except in the case of pungent necessity) in its nature odious, it is so much worse in our Kirk, where we are tied by the strictest Bonds both of the Nationall and Solemn League and Covenant, against all divisive motions and courses; and I pray I what it this other than a divisive motion, and that of the deepest dye, for them to separate themselves, and joining together make a party, when the Supreme Judicatories of Kirk and State were going on in their continued Actings in the day of great danger and distress? They may be pleased to remember their own Actings and speeches when: GOD honoured them to be sitting in the Supreme Judicatories; how far short came the intended divisive Supplication in Anno 1648. of this course they are now on; nay, the very cross Petition in Anno 1642. both which some of them (I say some, for most of them are but of Yesterday, and had then no place in our Judicatoys) shown so much zeal against. PROTESTATION defended. IF the Reviewer doth mean by the beginning of this Paragraph, which is darkly and ambiguously expressed, that an Assembly may be wrong in the constitution, and so no more to be an Assembly than a painted manus a man (as the Author of the Vindication so much cried up, doth in that case yield) and that the godly in such a case have no remedy lef● them in Law, but to Protest against its constitution and Proceed. Then he grants all that the Protesters desire, for the subsumption and application falleth within his exception, the case being to their consciences clem and sure: But if he doth suppose that there can be no unfree unlawful Assembly in the constitution thereof, and that the Remedy of Protestation is only to be used against wrong acts, than he speaketh against Experience, and the known practice of the faithful servants of GOD in this Kirk; I have given several Precedents of this before, and the Acts of the Assembly 1638. and 1639. against the six corrupt Assemblies, do clearly demonstrete the same. Is it not as lawful, and more necessary to Protest against à wrong Authority or usurpation as against wrong act of a true Authority? For the first is far more dangerous to the Kirk every way then the second; He makes it one of the highest contempts of Ecclesiastic Authority, to protest when the case is not clear and sure, but he forgets to consider how great a transgression it is before the LORD, and how injurious to his Work and people, to usurp the Supreme Authority of the Kirk over all the Judicatoties thereof, to decree unrighteous decrees, and tyrannize over consciences: the sad consequences of such a course cannot be soon reckoned. As to that he argneth from Mat. 18.17. Tell the Church. I answer, That the same Commandments of GOD that enjoin acknowledging of, and obedience to free and lawful General Assemblies in the LORD, do per negationem contrarit, according to the general rule of interpretation of Commands set down in our large Catechism, require the not acknowledging, or keeping unfree and unlawful General Aslemblies; for where a dory is commanded, the contrary sin is forbidden, and so the command to hear the true Church requreth our not hearing a false or non-Church, within which an unfree, unlawful, and corrupt Assembly doth fall; and therefore it is neither to be told nor heard, but to be declared, Protested against, and discovered in the nullities and corruptions thereof, as the Assemblies 1638 and 1639 have well judged. He allegeth an Act and practice of our Assemblies, but he neither mentions the Act nor Assembly where such a thing is to be found. There was never any Act made in this Church against declining of Assemblies as unfree or unlawful or corrupt, the Act which he hinteth at upon misinformation (but as it seemeth hath never read) doth speak nothing of declining an Assembly; because of its constitution good or bad, but against appealing from the Kirk Judicatory in an Ecclesiastic cause to the Civil Magistrate, as is well known to all that have perused the Acts of Assemblies. It is respect to true-Authority to decline usurpation, and it is a contempt, yea, in effect a Declinator of true-Ecclesiastick Authority to acknowledge unlawful intruders upon the same. It is not to the present case, to tell us that Divines say reverence is due●o the Church when she erreth; the question is, whether the two late Assemblies be a lawful Representative, yea, or no, and not about an Assembly lawfully constitute, and erring in their Proceed: The learned Review of the Council of Tront, and the gravamina contra Concilium tridentinum made use of by the Gene all Assembly at Glasgow against the Bishops declinatur, do fully show the judgement of Protestant Divines, for delining and Protesting against an Assembly not lawfully and rightly constituted. But what if she err not, saith he: I answer, that is sufficiently cleared in several Treatises, which have been long since dispersed in Writing, and have come to the hands of many of the contrary judgement, but have never yet been answered by any of them; there is so little doubt amongst she most part of zealous Professors anent the sinfulness of the Public Resolutions, as I need not here to dispute it. But (saith he) whether She err or not, wherein have these men shown their respect and reverence to their Mother. I Reply, that reverence to their true Mother maketh them disclaim such Stepmother's; and I desire to hear it proved by good reason, what more right pretended Assemblies have to call themselves the Mother of all the People of GOD in this Church, than the Prelates had to call themselves our Spiritual Fathers: For that which be saith, the Protesters would discover her nakedness, when others than Brethren are to behold it: I shall give the same answer to it which was given to the like calumny, by our Protesting fore-bathers, in their Supplication to the Parliament 1621. recorded in the course of conformity; their words are these: The reasons whereby we are uphold in our course and Pratestations and just defence against the oppositions intended, are all made patent to the eyes of the World, no ways to lay open the nakedness of our Mother to the scandal of the enemy, or justly to offend any otherwise minded, but that the multitude of our Professors be not tainted with the venom of maliciousness, contrary to the sincere Milk which they have received, etc. In the next place he bids us take heed if this be not a main step to separation, that we refuse to hear them as the lawful Representative Church: But we must take heed in the first place to another thing, viz. Not to separate from known and received Principles. The Declaration of the Assembly 1647 saith, that next to the changing of Principles, the changing of parties, the assisting of these whom we should suppress, and persecuting these whom we should assist; the joining with these against whom the Covenant was made, and against these for whom it was made, is the great breach of Covevant, and separation from the Covenanted union which is held forth in the words of the Covenant, obliging us not to be divided and withdrawn from that blessed Union and conjunction by making defection to the contrary part, etc. The Nationall Covenant descriveth these to be the Church of Scotland who agree with our first Reformers, in Doctrine, etc. The declaration of this Kirk made in 1648 saith, that out Union in the Covenant with GOD, his Cause and People, stands in keeping the Principles thereof, and separation stands in defection therefrom. It is Declared by the Assembly that year, a Principle of our Cause, and necessary for security of Religion, that the Malignant Party be esteemed enemies to the Cause of GOD, and that association with them is contrary to the Word of GOD, and to the Covenant; so doth the Assembly 1649 in the Act against Engagers. Now I say, that these who are for the Public Resolutions have changed some of their Principles, and also changed their party, for they have joined with the Malignant party, and acts and censures for persecuting these with whom they were joined before; where then lies the guilt of Division? and who made the first-steps to separation? à Dee foedere & Ecclefia pristina Scoticana; with whomsoever these things are found, let them be accounted separatists indeed. As for hearing them, and conferting with them in an extra judicial way, the Protesters have never declined it; but the hearing which they require, is to be acknowledged as the lawful Representative of this Kirk, and to be obeyed accordingly; and the Reviewer intimateth, that there is a necessity of holding the Protesters as Heathens and Publicans, but that they have found out away of their own to prevent it. An hard sentence indeed to excommunicate them all: What Exclamations of rigour had there been if such an expression had dropped from the Pen of a Protester? I shall say no more to it, but that this Reviewer hath a zeal of God, but not according to knowledge, He saith, the Protesters have gone out from them, and set up to do their own business alone, and overturn the Fundamentals of the Discipline of this Kirk; but he hath no better proof than the last page of that Paper wherein the Protestation was printed, which was no deed of the Meeting, ●or did I ever hear that any Member of the Meeting doth own the Writing of that page. But what is the crime he thus aggregeth? The Propositions given in to the part ended Assembly were such as they could make no just exception against them, and when they refused to grant the Protesters desires, what fault was there for Brethren to recommend it one to a other 〈◊〉 their stations, to endeavour to put in execution. Acts of u● controverted Assemblies; yea, what they have done in order thereunto, was agreeable to the customs of this Kirk, and commendable in this corrupt and troubled estate thereof. He is much mistaken when he saith, a Protestation is in its nature odious, and it argueth small knowledge of the state of the Kirk of Scotland in former times, to say it is worse in this Kirk then elsewhere; It is the mean which the Lord hath blessed in the hands of our Fathers, and our own to preserve the Cause of God, and his Kirk in times of Defection, as the Paper sent by the Clerk of the Assembly, and Procurator for the Kirk to their Meeting at St. Audrews doth sufficiently manifest. I desire this Reviewer may be pleased, to take a look of the Narrative of the solemn League and Covenant, and Nationall Covenant, where he will find Protestations reckoned as a mean for preservation of Religion, and so Protestation is no divisive way, but a lawful endeavour to which we are tied by Covenant; and in the 6. Article, what we are not able ourselves to suppress or overcome, we are bound to reveal and make known, that it may be timely prevented on removed: If he had considered well, it had been more for his advantage to have spared the mentioning the crosse-Petition in 1642. and divisive Supplication in Anno 1648 both these were in favours of the Malignant Party and their Interest, and the Protestation which he so much inveigheth against, is against the Malignants and their Interest, so it was very agreeable to the Protesters Principles to be zealous against these Supplications. But I readiiy believe what this Reviewer professeth to be his judgement, viz. That the Protestation is to him a greater crime than the cross Petition, or divisive Supplication, for most of these who now show themselves hot Zealots against the Protestation were of a cold temper, when the cross Petition and divisive Supplication were considered in Church Judicatories. He saith most of the Protesters are but of Yesterday; he might have said as much of all men, and spoken truly, but if he plead earnestly for age upon his side, I do yield him this much, that many of these who are for the Public Resolutions are of that age that they entered into the Ministry in the time of the Prelates, and did swear conformity unto the Articles of Perth, and implicit obedience to their ordinary, and the like cannot be said of the Protesters, for either they were sufferers under the Prelates, or else they entered not into the Ministry till the Lord had in his gracious Providence opened a door by the Reformation. PROTESTATION Reviewed. ANd thus passing the Title of it, we come to the matter, wherefollowing their own footsteps, we begin with the Narrative which they begin with, asserting, that it's well known to divers of our number what peaceable endeavours they have used without success, in order to the removing of the differences among us: to which I reply, that even by the permission of their own phrase, most part of the Assembly might, yea did not know any such thing, but were confidently persuaded, if any such endeavours were usea, the luck of success did, and doth lie solely and sadly upon the Protesters themselves; when this was Publicly debated in the Assembly, there was none found that knew any thing in that kind, except that which was done in the latter end of the last year, which let the world judge how peaceable an endeavour it was, and whence it came that it wanted success? Thus it was: They meeting then in Edinburgh, without Order, after a little pause, did constitute themselves in to an Ecclesiastical Judicatory, wherein Magesterially they defined things so prejuaicial to us, as not only obstructed all peace but also sounded the alarm to a new conflict, by emitting a Paper wherein they peremptorily conclude, among the chief causes of God's contraversy with the land, the Public Resolutions and preceding Assem. to have a special place: And having thus fast locked the door of peace to mock the world, if it did nought else, they sent some of their number to St. Andrews to essay if they could draw off 3 or 4 there, & others to Glasgow for the like intent, making account (which some of them spared not to profess) that if they could get five or six of our most eminent men off, they cared not for therest of the Ministry, professing also at that conference, and others of them in an open Synod, that they would never unite with the most part of the Ministry of Scotland, and suitable to these ends was their carriage at St Andrews, as is clear in the Relation of the Paper thereanent, which Paper though Public enough, we have never yet heard contradicted by any. PROTESTATION Defended. THat most part of the Assembly did not know any such thing, is more than will be easily believed by these who know the progress of the differences; were most part of the Assembly ignorant that Conference was desired by the Synod of Glasgow and others, when the Commission was carrying on the Public Resolutions, long before the Assembly at St. Andrews? were they ignorant that in St. Andrews before the constitution of that Assembly, the Protesters did most earnestly Petition and endeavour an adjournment before they Protested as they did at their late Assembly in Edinburgh, earnestly desire a Conference before Constitution, but neither in the one nor in the other could they obtain satisfaction. That which he calleth a Meeting at Edinburgh, was a Meeting of the Commissioners of the General Assembly 1650. and as great a number of them as was of these who (slighting the advertisement of others that were joined with them in Commission) did answer the Parliaments Quere, and laid the foundation of conjunction with the Malignant Party, beside there were at this Meeting many other Godly Ministers, and Professors from several parts in the Country convened, to search, consider, and after Prayer and Conference to agree on the Causes of the Lords controversy against the Land; and being convinced in their judgements that the treaty with the King in Holland, the Public Resolutions; & corrupt Conssitution and proceed of the Assembly at St. Andrews and Dundee were amongst the parts of the Lands defection, and Causes of God's wrath, they did in conscience of their duty acknowledge the same and their own accession to these transgressions, and some did confess with grief, that they had been chief in the trespass; the grounds and reasons of their conviction are expressed in that Paper by him mentioned, which this Reviewer might have refuted, if he had been able, or otherwise quarrelled less with it; he doth wrong himself as well as the Protesters, when he saith, that they magisterially defined things, and peremptorily concluded them: for the title of the Paper showeth, that they only do soberly propound things to others, as their advice. He would make this a locking of the door of peace, but considers not how that long before this, those that are for the Public Resolutions, had contrary to the Word of God and Acts of this Kirk, constitute themselves into an Assembly, approven the public Resolutions, condemned the Remonstrance and Protestation, censured some with deposition, and made severe Acts against all that differed from their way; that was not only to lock the door, but fasten it with bolts and bars. Then he makes his own construction of the Protesters, sending some of their number to St. Andrews and Glasgow, and affirms the end to be only to gain five or six of their number, and to make it seem true which he allegeth, he setteth down two speeches uttered by some of the Protesters; but so far as I have learned, there was no such language as he expresseth. The Protesters do upon no occasion deny, that they make a difference betwixt some, who in former times have been faithful, but of late were engaged for the public resolutions, through the straits of the time and strong tentations, and betwixt others that have always been promoters of a Malignant Interest; they do likewise deservedly esteem more of some leading men of the first sort, then of others of them, and their desire and endeavour to draw off some chief leading men, was to make way to draw off others, of whom also they do well esteem; yet as is to be feared, were too much swayed by example of these whom they know to have more learning and piety than themselves: and if a judgement may be given of the thoughts of the hearts of many of the last sort, who maintain the public resolutions, from their speeches and actions, they are as desirous to be rid of these chief leading men from amongst them, as the Protesters are desirous to receive them. For that Paper anent the Conference at S. Andrew's, which he saith, is public enough, but not contradicted by any; It is the first time for aught I know, that any of the Protesters have heard of it, and until it be in more hands than these of his judgement, it may meet with no contradiction, and yet well deserve it. PROTESTATION Reviewed. AS for any of their endeavours they are inter occulta de quibus non judicat Ecclesia; But I shall desire it to be considered on the contrary, how the preceding Assembly at Dundee appointed, that Synods and Presbyteries should deal with them, to give them satisfaction ere they proceeded to censure; the public Commission could do nothing of that kind, being by the troubles of the time impeded to sit, yet were not such of them as could most conveniently correspond, altogether defective in this, though pressed with either part of a doleful dilemma: for if they should act in the capacity of a Commission, the Protesters would not have conferred; and out of that capacity, their actings (besides, that it could not have been obligatory to others) had been a silent quitting, if not betraying of their trust; But providence offered opportunity thus: In the beginning of this year, some brethren from several parts of the Country, being sensible of the then imminent snare and danger, resolved by common consent to come to Edinburgh about the 12 of February, at which time they heard there was to be a great meeting of our dissenting brethren, where they resolved to deal with them, that there might be a common Warning emitted by consent of all the Judicatories of the Kirk, concerning things which we doubted not were agreed to on all hands: accordingly they dealt with such of them as were in Town, by the mediation of the Ministers of Edinburgh, by whom they sent to them materials of a Declaration, desiring them to change or add as they should think fit for the purpose, but they refused to join, to the great grief of those who did mediate, pretending they would first have a conference about differences, which was nothing else but to disappoint the matter, the danger being so near, that a Meeting for such a conference could not be convened, and the danger prevented. PROTESTATION Defended. IT hath been already showed, that before their Act at Dundee, they had emitted Warnings and Declarations against such as concurred not with them, as enemies to Religion, King and Kingdom, st●rred up the Civil Magistrate to inflict punishment, and required Presbyteries to censure opposers within their bounds; and that Act which he mentioneth, leaveth no latitude to Synods and Presbyteries to forbear censure, except in the case of obedience to the Act anent the Public Resolutions, though upon debate the major part of a Presbytery should have been convinced of the evil of that course, yet the Act gives no power to recede. The Committee of Estates in 1648. did profess in general terms, to offerall possible satisfaction and security for Religion, to which the General Assembly July 25. answereth, that they see no possibility of securing Religion, so long as that unlawful Engagement was carried on, which may be well applied to the present case. That dilemma of his is but a weak device, neutro cornu pungit, the Protesters never did refuse to confer with them, let them frame as many capacities to themselves as they pleased, only they refused to acknowledge them a Judicatory, and upon protestation, they did confer with these who accounted themselves clothed with the power of their late Assembly at Edinburgh. And on the other hand their acting out of that capacity had contributed as much to the intended end, which was by conference to hold forth ●ghtanent the matters in controversy. Neither was there any need of authority to oblige others who entrusted them, for their power was limited, and they are not warranted to departed from-one iota of the Public Resolutions; so in that case they could not oblige: Nor is he able to make it appear, that it had been a betraying of their trust to confer with these who refuse to acknowledge their authority, otherwise he shall condemn the practice of their late Assembly at Edinburgh; for though they would not confer until they had constituted themselves into an Assembly; yet than they conferred; but the capacity he speaks of, was not acknowledged, but Protested against, I know that there be such questions amongst States, to stick upon the niceties and punctilios of their Titles, and the acknowledgement of their power; but these are too stately things; for Ministers of the Gospel, it is more suitable to use Christian condescendence, then to be puffed up with the pomp of pretended or real authority, and therefore as I see not the strength of this Dilemma, so I see no reason why their late Assembly at Edinburgh refused to read a Letter from the Protesters, because they wanted their Titles endorsed on the back of the Letter. As to the relation he maketh in this Paragraphe, it is greatly perverted. If his ordinary discourse be suitable to the language of this Pamphlet, it would give ground enough to adjudge him to have lost the benefit of his frank law, and never to be admitted to be a witness for truth hereafter. The true state of that matter is this: The Protesters who had seasonably given a testimony before in a Letter sent to the General of the English Forces, and a duplicat presented to the General Major in Edinburgh, thought it their duty to meet again about that time, especially to prevent the imminent dangers to Religion, and having stayed about fourteen days together, and done what became them in their stations, and also advised the Ministers of Edinburgh to give a free testimony and faithful warning to their people upon the Lord's day, concerning the present snares and dangers to Religion, which was done accordingly; the Meeting dissolved. Some Brethren who are for the Public Resolutions were in the Town, and had several diets of meeting at the same time when such of the Protesters as were in Town did meet, upon what occasion they did meet, was not known, but it was conceived to be for strengthening one another's hands anent the Public Resolutions; and I am sure there was no message sent to the Protesters at their meetings by the Ministers of Edinburgh, though they were present at the last diet of their meeting, nor yet by any other, only upon enquiry at these of the Protesters who dwelled in the Town; I find that some days after the Meeting was ended, some of the Ministers of Edinburgh came to one of them, (whether sent from any other or not, was not made known) and said, That there was a motion amongst some brethren that are for the Public Resolutions then in Town, about the Protesters, and their joining together in a Public Warning against the English. And his answer was, that if they had any such intention or desire, he wondered why they did not propound it to the Meeting of the Protesters while they were in Town, and that he could not say any thing in a mater of that consequence without the rest, especially seeing he was not one of these who were entrusted by the meeting to confer with these brethren about matters in difference; and that seeing these who were appointed would be ready to confer whensoever Mr. Blair, or Mr. Dickson desired, he thought that it was best to propose it at such a Conference; When his own private judgement was pressed, he answered, That they knew neither he, nor any of the Protesters, had scruple to give testimony against the English Proceed, for they had already done it both by word and writing. As for this motion of joining in a Testimony with those who were for the Public Resolutions, it was new to him and deserved second thoughts, and he desired to know if those who were for the Public Resolutions, would join with the Protesters in the Testimonies which they had given already; & if in the testimonies to be given they would testify alike against both hands, according to the good old rule and practise of this Kirk, and for his own part he could not see, if they st●l maintained the principles of the Public Resolutions, how they could abide by a Testimony, but did leave to themselves a latitude to join with any party whatsoever; and some of the Gentry had expressed this to be as good a warrant for their actings in the year 1651. as in 1650. and therefore if they would not join with the Protesters in their Testimonies against the English, nor in new Testimonies against both hands, he would have a great doubt of joining with them: but this (he said) was only from, and for himself up his first thoughts, he knew not what might be his second thoughts upon conference with others; and as for sending to him materials of a Declaration, desiring the Protesters to change, or add, as they should think fit for the purpose, there was never any such thing presented to him, or any other of the Protesters, nor will he find any Ministers in Edinburgh to bear him witness in this particular. It seemeth that this Reviewer is accustomed to be very liberal in his language (to say no worse) and that his neighbours allow him the liberty to do so, otherwise he would have expected to meet with contradiction, and taken better heed to his Relation. Concerning that which he would insinuat, of the forwardness of those of his judgement to give such a Testimony, why then did they not (as the Protesters had done) give a Testimony alone by themselves, but they returned home without doing any thing, though the danger was so near, as he saith; nor did they any thing to that purpose on their subsequent Meetings; and for what they did at their late Assembly, I have spoken to it before. PROTESTATION Reviewed. THis past the Synods in April, being invited by that of Fife, by their acceptance of their Overture, shown their affection to such a peace with their Brethren, as might not trouble their peace with God; and for that effect did commissionate some of their Members to come to Edinburgh to a Meeting in May last: but that is the next thing they complain, and challenge us of. First, for neglecting to give them timous advertisement, when yet the very first motion of that Meeting in all our Judicatories, was in their prejence, who (if they had been of such a peaceable temper as they talk of) would, no doubt, have made such an invitation welcome, and embraced the occasion. As for particular advertisement to them separately, The Delegates of the Synod of Fife entrusted therewith, used all possible diligence, a fortnight before that Meeting, dispatching their Missives (which for aught that is known) did not miscarry; yea, upon their diligence, we found at that Meeting, some from Rosse, and others from Dumfries, places of very remote distance, both South and North: and it is credibly informed, that some of their chief leading men wrote both to Aberdeen and Galloway, desiring their Complices, not to keep that Meeting. Secondly, they complain, That not so much as some few days of delay could be obtained by those few of their number which were then present, whereby they might give advertisement to others. The truth is, in respect of their paucity, they required at leaest a fortnight's delay (although they had probably a preindicted meeting, reasonable frequent, in that same place the very week following, and others of them were in Town then, did appear to us, and some of them went out of Town immediately before our Meeting) and so long a time could not be given; not only because our Brethren, having come hastily from their several owellings, were not able to attend so long, and once suffered to scatter, could not conveniently be gathered again; but especially because having offered unto them a free General Assembly (the of old acknowledged proper remedy of all Ecclesiastical diseases) where many of ourselves might again be present, it was plain, that nothing to any good effect could be done till then; and Providence happily casting that occasion in their hands, that they might appoint and determine of the place of the ensuing Assembly, they could not suffer the same to slip, which could not be shunned, for lack of timous advertisement to the Presbyteries, if it were not then concluded. And so (which they perceived, those they spoke with, directly aimed at) let the Kirk in this difficult time, be shaken lose of her possession, of that her dear-bought freedom, which Mr. Welsh, Mr. Forbes, and other precious men, that now rest, adventured their lives, and suffered banishment, to preserve; as was gravely pressed home by Mr. Blair upon them, in the Conference; and to which they could not sure they did not, give so much as a seeming satisfactory answer. Thirdly, they say in the printed Paper, That a desire of Reconciliation was presented, but peremptorily, the electing, and sending Commissioners to keep the day, indicted by the Meeting of Dundee, was concluded: I know no opposition betwixt those two, as I conceive any good sense in the former, the one being the end, and the other a mean to it. Besides, I know no desire of Reconciliation presented to them, except the Paper of the Offer of a free Assembly, as the proper remedy of our distractions. But in the Autograph, it is pretended, not presented; and so they most uncharitably assert, We pretended a desire of Reconciliation, but had concluded another thing. It is so well known in the Country, whether it be We, or they, that use to act so, that I shall only need to speak to the purpose. Our desire of peace was real, the obstruction of it was from them, and we had been very foolish and censurable, if ever the Lord should bless us with another Assembly, for not walking answerable to our trust in relation to this, if we had not designed the place thereof. PROTESTATION Defended. THe Answer which he giveth anent neglecting to give timous advertisement of their Meeting in May last, is, That the motion of that Meeting in all Judicatories, was in the Protesters presence, and if they had been of a peaceable temper, they had made the invitation welcome: This, I believe, is the best Answer he can give; but he might aswel have given no Answer at all. For first, Letters were only written to some Presbyteries and Synods, and not to all, and there was not one word spoken of such a thing in many Presbyteries, or in their Synods. (2.) In these Presbyteries or Synods to which Letters came, the motion or overture doth expressly exclude dissenters from the Public Resolutions, from any advice or consent in appointing that Diet, and is only directed to such as are for the Public Resolutions, who are desired to return their acceptance of the Overture to the Delegates of the Synod of Fife, against the 28 of April, to the end, that upon their receiving of the Answer of Synods and Presbyteries, to which they had written, they might, if they thought fit, advertise the dissenters from the Public Resolutions to keep that Diet, May 12. but in that Letter there was no invitation for them to come, but rather an intimation not to come till they were advertised concerning the Resolutions of the Delegates of Fife, upon the return from Synods and Presbyteries. (3) I say, the business was purposely so contrived, as to make Conference for Reconciliation the pretence, but another thing was intended, viz. That the Commission of the pretended Assembly at Dundee might meet to determine the place of the Assembly ensuing, which had been left in the Indiction under the uncertainty of an Alternative. That Conference for Reconciliation was pretended, the Letter of the Synod of Fife, and discourse of their Meeting May 12. doth evidence, and this Reviewer asserteth it. That the same was not intended, doth appear from this, that a competent time is allowed to acquaint Synods, and where they were not sitting, to acquaint Presbyteries which were for the Public Resolutions; but where Synods and Presbyteries were against the Public Resolutions, no Letters were sent to such; but after these that are for the Public Resolutions are acquainted, and have returned their Answers against the 28 of April, the Letter of the Synod of Fife appoints these Answers to be considered before any Invitation be given to the Dissenters from the Public Resolutions; and it is no secret that it was agreed amongst them, that some men of good estimation amongst the Protesters should not at all be invited nor conferred with: Now some time must be allowed for them to consider the Returns, and some time to make their Dispatches to all places within the Kingdom, and some time for these to whom the Letters were directed, to communicate the same to the rest of the number within their bounds: and some time must be allowed to ride to Edinburgh; all which was not possible within the space of thirteen days, from the 28 of April, to the 12 of May: for instance, no Letters were written to the Synod of Glasgow, where many of the Protesters live; nor from the Synod of Fife, or their Delegates; but one Brother of that Synod writes a private Letter to another Brother in Glasgow, and seven or eight days of the time were elapsed before the Letter came to his hands, whereby it came to pass that some Presbyteries were not at all advertised, and others, when it was no time to go to that Meeting, 12 of May: the like happened in other parts of the Country, and indeed it could not be otherwise in places more remote from the Synod of Fife (it may be remembered that the same art was used by slighting Advertisements when they gave their Answer to the Parliaments Choir) Further, I desire it may be considered, what this Reviewer saith himself pag. 9 viz. when a fortnight is desired to conveen the Protesters, he answereth, That it was plair, that nothing to any good effect could be done, till the Meeting of their Assembly. With these things I desire the Answer of their Commission, dated November 26. 1652. may be compared; which saith in express words, That the time of the Gen. Assembly was near approaching that they behoved to meet in that capacity (to wit, of a Commission) for determining the place of the Assembly ensuing, which had been left in the indiction under the uncertainty of an alternative, by reason of the time: all which laid together, do sufficiently show that the matter was purposely so contrived. Next, he saith, that some from Rosle, and others from Dumfreis were there upon their diligence; but unless he say, some of the Dessenters from the Public Resolutions, residing in these parts, were there upon advertisement sent from the Delegates of Fife, after the 28 of April, he speaketh not to the purpose; for such as were for the Public Resolutions might easily be there, for they had a competent time, and if any of the Dessenters from the Public Resolutions were chosen by Synods or Presbyteries, which at most was but one or two, they might conveniently be there also, or perhaps some might be there occasionally: but none of these will prove his point. That some of the chief leading men of the Protesters, wrote to Galloway and Aberdeen, desiring their Complices not to keep that Meeting: For ought I have learned, there was no such thing; and if he can, let him instance the persons, in the mean time I give this instance to the contrary, That some of the Protesters were there from Aberdeen, being chosen by the Synod. He grants that which the Protestation allegeth, That the few Protesters that were there, required a fortnight's delay, in respect of their paucity, that they might send advertisements to others, but saith, That probably they had a preindicted Meeting, reasonably frequent, in that same place the week following. But herein he is much mistaken, they had no preindicted Meeting, but those few Protesters who were in Edinburgh, supposing that their reasonable request, for a fortnight's delay, could not be denied, (if there was any real desire of peace, concerning which they had charity, till it appeared otherwise) & did write Letters to all their Brethren that were not far distant from Edinburgh to hast unto that Meeting with all diligence, which they did accordingly; and this showeth their readiness to have come in upon advertisement, but when they came in, the Brethren that are for the Public Resolutions, had indicted the place of their ensuing Assembly, and so having done the business for which they came, were gone from Edinburgh before the Protesters were convened. That two or three were in Town, and did not appear, and some of them went out of Town, is little to the business, their lawful occasions might divert them, and some of them were not called to the Meeting, yea, in effect rather desired to be absent; but they came when they were advertised. It is a poor subterfuge he makes for not granting a fortnight's delay, to say, they could not attend so long or being scattered, they could not be conveniently gathered again: Either of these might have been done, if they had been of such a peaceable temper as they talk of (as he is pleased in this Section to say of the Protesters.) But he comes nearer to the truth and saith, It was plain, that nothing could be done, till the meeting of their Assembly: And so he may well say, considering that themselves had resolved nothing should be done till then. Afterward he allegeth, There would not have been time to advertise Presbyteries anent the place of their Assembly: But suppose the desire of the Protesters had been granted, there was abundance of time, there being about ten weeks betwixt the 12 of May, and the Diet of their Assembly the 21 of July, and so all the hazards he mentioneth might even in his own way have been prevented. But what if it had been so, that they had not determined the place? I cannot consent to what he saith, That the Kirk would have been shaken lose of her possession. Doth he know, or hath he forgotten what was maintained by the Covenanted Protesters in 1638. and the Act of the Assembly at Glasgow, Decemb. 26. 1638? or the Act of the Assembly at Edinburgh, Aug. 17. 1639. which was made after so much debate about that distinction of yearly and occasional Assemblies, both in the Treaty at the Birks, and in that Assembly, the Act 27 of August 1647. and the Act of Parliament 1592. and the fourth, and sixth Act of Parliament 1640. anent yearly General Assemblies, expressly distinguished from occasional Assemblies, of which sort of Assemblies only the necessity is first to be remonstrated to the Civil Magistrate, and even these may be kept in case he refuse, by the intrinsical power received from Christ as often as it is necessary for the good of the Church, as the Act of Assembly August 27 beareth: so there is no question, in jure, against this Kirks privilege of holding Gen. Assemblies once in the year, without any address to the Magistrate. What if they had been violently stopped at that time from meeting, would they judge the Kirk to be so shaken lose of her possession, as she might not thereafter conveen with the first opportunity, and keep yearly General Assemblies without address to the Civil Magistrate, because the adjournment was not keeped: I hope they will not say so, not make the Kirks privileges less than Christ hath appointed, and the State hath acknowledged there is no limitation in the Acts of Parliament, or clause irritant in reference to keeping of adjournments: If the Right and Possession of the Church did hang on so ticklish a pin, the corrupt Assembly at St. Andrews hath much shaken and endangered the same, for the possession of corrupt Assemblies doth not maintain the right of free lawful General Assemblies, this alleadgance of theirs is but a fair flourish to persuade people to think well of their way, and of the necessity of their refusing Conference with their Brethren before Constitution. As to that he saith of Mr. Welch and others; Their endeavours were not to sit and make Acts approving of the Defection of the time, and obligatory of the whole Church as now is done, and that which they were mainly condemned to death for, and suffered banishment, was for declining the King and his Council from being judges in Ecclesiastical matters in prima instantia; but the Commission which sat at Perth and their Assembly at Dundee did subject the Doctrine of the Ministers of Jesus Christ to the immediate cognizance and censure of the Civil Magistrate in the case of the Ministers of Sterline. There be two sorts of Ministers engaged for the Public Resolutions as hath been touched before, one of these was never ready to act for Assemblies when they were rightly constituted, much less to suffer for them. As for the other sort, I do hope when the Lord shall afford the opportunity of having Assemblies rightly constituted as formerly, they shall not adhere to the present corrupt constitution; nor do I think their persuasion is such concerning the Public Resolutions, when they are free of temptations, as they durst adventure to suffer for the same as Mr. Welch and other precious men did for the undoubted right, Freedom and Privilege of this Kirk under the persecution of King James who would not acknowledge either right or possession of Assembles, but maintained that their Meeting and dissolving aught to depend on his pleasure, and that they could decree nothing without his consent or ratification, yet setting aside the Public Resolutions which is the grounds of the difference betwixt them and the Protesters; I do in charity judge, that many of them would suffer for the right and freedom of the Kirk. In the end of this Section he would fain quibble on the PRINTERS escape, in Printing presented for pretended, though he grants that in the Autograph it is pretended; his zeal leadeth him to quarrel with any that have the least hand about the Protestation, even with the PRINTERS Boy, though in some Printed Copies the fault be corrected; but I say no more, for it's wearisome to trifle the time in answering all that he saith. PROTESTATION Reviewed. IN the next room, they mention their Paper given in with the Propositions (wherein they say they have concurrence of the Generality of the godly of the Land) and did entreat for a Conference, which was denied; the Commissioners proceeding to assume the power, and Constitute themselves in a General Assembly: lest any should think, that in assuming the power, and Constituting themselves into a General Assembly, they did some new and uncouth thing, as those who challenge them did the last year, in Constituting themselves a Commission of the Kirk; be it known to all men, they did no other thing, nor in no other way, than all the Assemblies since the last Reformation have been in constant practice of: And how necessary it was, in this staggering time, not to change in the least, will be assented unto by every ingenuous man, nor know I any reason why they should complain: For those to whom the Paper was given were not in a capacity to give an answer, till they were first Constitute in an Assembly (yea none but an Assembly could satisfactorily answer their demands, as is evident to, and will be acknowledged by the Judicious Reader) which was no sooner done than they went effectually about it; But on the contrary the Protesters would not so much as wait till then, but presently gave in their Protestation. We will not now speak of that other Paper, yet cannot pass that arrogant Tittle of the generality of the godly, which they assume to themselves and their abettors: We will not mention of whom they learned this, and whom in many other things they too much resemble: But we shall refer the Reader to that most faithful and timeous Warning and Declaration of the late Assembly at Dundee, and the third admonition and charge of the second part thereof. PROTESTATION Defended. HE affirms that they did nothing in constituting their Assembly, than was done in all the Assemblies since the Reformation; but if he had understood well the History of Proceed in this Kirk, he should have said they did no other thing than was done in the six unlawful Assemblies immediately proceeding the last Reformation (which the Review of the Vindication of the Assembly at St. Andrews and Dundee doth clearly manifest, and that they have Constituted themselves in a way contrary to the strain and tenor of the Acts of this Kirk anent Constitution of Assemblies from our first Reformation and if that at St Andrews was no lawful Assembly of this Kirk, than the Commission of the Gen. Assem. 1650 is still in force, and needed not a new Constitution, the Commission being ordained to endure in the interval, until the next free lawful General Assembly, and though one half of the Members appointed on that Commission by the General Assembly 1650 have contrary to express limitations in their Commission agreed on the Public Resolutions, and contrary to the established Order of this Kirk, procured an unlawful Assembly to Ratify their Proceed, yet there is twice the number of a Quorum of the Members of that Commission which have never assented to, nor concurred in these Public Resolutions. The desire of the Protesters to that Meeting at Edinburgh, for not Constituting of themselves, and for entertaining of a Conference, was showed by him who hath the trust of the Registers of the Kirk, and most knowledge thereof, to be agreeable to divers practices even of lawful Assemblies in this Kirk, as in the year 1568, 1569, 1578, 1586, 1591., 1597. which was done at the desire of Mr. Blair, and the particulars offered to be instructed. The Writer of this Review may remember what sharp returns Mr. Blair met with because of his Repeating and pressing these things when the Protesters did remove. As to that he saith that they were not in a capacity to answer the Representation of the Protesters until they were Constituted, I assert, they were only in a capacity to answer before Constitution, and not after it; for questions about constitution must precede, and not follow after constitution; therefore it was necessary to protest presently against their wrong Constitution, and it was either a weak answer which many of their Assembly gave that adjournment, or a few days would annul all their Commissions, their being no such limitation or provision in their Commissions nor any Act of this Kirk to that purpose; but if the Conference had been granted for the ends desired, and blessed of the LORD with an agreement in the matter of the Propositions, there had been no great difficulty to have accorded anent Assemblies in time coming. The generality of the Godly was not mentioned in the Papers of the Protesters, without a previous report of godly Ministers and Professors from several parts of the Land, though he saith he will not mention of whom the Protesters learned this, and whom in many other things they resemble, yet the Protesters are not ashamed of these to whom they were Disciples in this expression, and many other things of necessary use in the present debates, whosoever shall peruse the Papers of this Kirk in the year 1638 and 1648 may be abundantly satisfied that the Protesters follow the ways and words of these who have gone before them in the Work of Reformation. The fifth Argument against the unlawful Engagement, is founded upon the same ground and expression. It is very like they had offended as much if the Protesters had used the words made use of in the like case by our Predecessors against the course of Defection, which are the equivalent hereof, viz. The greatest part of the most zealous Professors in the Land, no question that was thought by many of that corrupt age as arrogant a Tittle to be assumed by the Protesters of these days against the corruptions of that time, as this Reviewer thinks the Tittle of the generality of the godly to be, when it's used by the present Protesters. The singular testimony which he giveth to the Warning and Declaration at Dundee speaks, That he hath a singular estimation thereof in his heart, above many former Warnings and Declarations of this Kirk; I desire to know if he can with so full a mouth, and hearty applause give such an encomium to the Declaration in the year 1648 against the unlawful Engagement, let any indifferent man read & compare them, whether contrary spirits do not speak in these two Declarations. As to the passage cited by him in that Warning, I Answer, That the Protesters are very far from suchways and opinions as the Members of this Kirk are exhorted in that Warning to be ware of; Neither their Profession nor practice doth hold forth any such thing, as that they would have a Kirk made up of such persons only, as do evidence their Regeneration; they desire to beware of that extreme upon the one hand; but they desire also to beware of another extreme upon the other; to wit, That a Kirk may lawfully according to the Word of God, be made up of known obstinate Enemies to the LORD and his Work; and that notorious bloody Rebels who hate to be Reform may be admitted to all the Ordinances of Christ in the Church, and preferred in the State to chief employments, and entrusted with the defence and preservation of the Lords Interests and People, notwithstanding they have been and still remain wicked enemies to, and persecuters of the same; there is a middle way betwixt these two extremes which the Protesters do hold according to the Word of God, and the received Doctrine of this Kirk for near an hundred years, and especially since the late Reformation, to which rule the Protesters do adhere, and do hold it their duty to endeavour that they may be observed and practised as well as they are professed, it being one of the crying and most provoking sins of this Land, to make fair Professions but to fall in the Practice. PROTESTATION Reviewed. Where they affirm it their burden, and that they have no delight to be contesting with any who profess themselves to be maintainers of the Government of this Church; it is wished their Works were consonant to their words, and made them credible to all on-lookers: Certainly however they may please themselves, this is not the ordinary opinion that most men have of them. PROTESTATION Defended. What opinion most men have of the Protesters is not much to their disadvantage, if the greater number within the Land be admitted judges to Pious men and true P●ety, I fear all that arrive beyond a mere formality, shall be condemned for Hypocrites. I would not appeal to the generality of the Land in the matter of judging what is right and wrong in jure, betwixt those that are for the Public Rosolutions and the Protestets; but I d●re freely hazard to the vote of the major parton the Land the matter of fact which is the thing in contest betwixt these that are for the Public Resolutions and the Protesters; that is to say, whether the Assembly at Dundee and Edinburgh be keeping their former Principles, yea, or not? If you will ask any, even of the Malignant party (at least all that ever I could speak with myself, or hear of from any other) they will tell you the Kirk was wrong before, but now is become right since the King came to Scotland, and these who are most grossly profane and wicked in all the Land are now become great Zealots, and stout patriots for the late Assemblies, though before they were haters of all Kirk Judicatories. PROTESTATION Reviewed. NExt they speak of a party of insufficient, scandalous, & ill-affected Ministers etc. complying with the times, expressing their disaffection to the Work of Reformation, as they found opportunity, as in the time of James Graham, and the unlawful Engagement, who got greater advantage by the Public Actings for bringing in of Malignants to places of trust: And who perceiving they wore not able to endure trial and purging, began the last year to lift up their heads, and being encouraged by the Acts and Censures of Dundee, have so strengthened themselves, as to carry on Public Determinations to their own ends from whom (say they) what can be expected, but to favour every evil course, to persecute such as seek the Lord in sincerity, suppress the power of Godliness, and open the door of the Ministry to such as for insufficiency, scandals, or disaffection, have been justly deposed, in regard whereof, they think there is too great cause to make use of the Prophet's words, Jer. 23.14, 15. There be many things here deserve animadversion. I. Although we deny not, but that in every Order there may be some out of Order, as Judas among the Apostles, and Saul among the Prophets, yet know we not of any such party as they speak of, nor did so much as any person of that kind sooner appear among us, then according to the measure of his offence, he found the severity of Discipline. It would be seriously considered, whether or not by this Party, they mean the Body of the Ministry represented at Dundee, whom thus they would cast an odium upon; but what favour the Party that was truly such as they describe, found at that venerable Assembly, let their Acts and Declarations speak; which Declaration of theirs mentioneth another Party, that hath (alas) too long lurked among us and under specious pretexts brought their design to that pass we now see. These men should (according to the common rule) first have purged themselves, and taken this beam out of their own eye. PROTESTATION Defended. I Wish the corrupt party amongst the Ministry were as thin sown, as he would insinuat, by telling there was a Jurat among the Apostles, and a Saul among the Prophets. But the many Acts of Assembly, for purging the Ministry by ordinary Judicatories; and because of their negligence, the Commissions appointed for Visitation, and the great work they had where they came, Visitations in other parts of the Land, (where as much, if not more work of that kind was to be expected) being interrupted by the troubles of the time, and other impediments, the gross ignorance not only of the People, but even of the Elders in many Congregations, where their present Ministers have been living amongst them, some twenty, some thirty years, and have not so much as taken pains to instruct them in the necessary grounds of Religion, together with the neglect of Discipline during that time, and yet such suffered to remain in the Ministry, the scandals of many Ministers for drunkenness and other common vices, together with their godless carriage at home and abroad, are more than abundant proof of what is alleged in the Protestation. And though this Reviewer is pleased to say, they knew not of any such Party, yet alas it is more palpable to the mourners in Zion, then that they need any further proof thereof, then to be conversant amongst many of them but a very few days, and I know that some who concur with the late Assemblies, will not deny it, but I trust do make conscience to mourn for it in secret before the Lord. The Protestation doth not speak of the Body of the Ministry, but a corrupt Party which had too great influence at the Assembly in Dundee. Whereas he referret his Readers to the Acts made at Dundee, to know what favour the Party that was truly such, found there, no such Acts are ordinarily to be seen, I am sure, but such as are made against the Protesters and the Dissenters from the Public Resolutions are to be readily found in all hands. If the thing he meaneth, be the slight Act made against the divisive Supplication, what hath followed thereupon for execution lesse ur more? If he mean that the Supplications of Ministers formerly deposed for gross faults, were not granted, he may remember the Politic argument used at Dundee, and renewed at Edinburgh upon the same occasion, viz. That it was good to abstain from present reponing them, because of the odium it would bring upon them, and for that Declaration he yet again mentioneth, I have told him it hath been answered. PROTESTATION Reviewed. IT is true indeed, and I trust the Kirk of this Nation hath no reason to repent, that she still hath some, who (during the prevailing of the Prelates) were carried down with the tide of the times, even to give subscriptions according to the then way of entry, and being weighted therewith, do comfort themselves with Paul, that God will be merciful unto them in that which they did ignorantly. But for those horrid Oaths they speak of, nothing is known but the common subscription: and if ought concern the Kirk to know more, it should neither have been so long concealed by those who appropriate to themselves the title of the Godly, nor now revealed at such a time, and in such a way. As for their subscriptions, they were generally known, yet notwithstanding thereof were the subscribers even at first invited to the Covenant, and some of them with the first appeared against the Service-Book, and many of them have not to this day fallen from their steadfastness, neither were all that have fallen of that number. But for further and full clearing of this, I offer these things: 1. Some of the prime of their number, are also, if not more grossly guilty of the ill, than any of ours. 2. There are of our number ten for one of theirs, who in that hour and power of darkness, bore the heat and hard of the day. 3. Scarce twenty of them are yet of six years standing in the Ministry, & but about five only of them were Ministers, when the Nationall Covenant was sucscribed. 4. And generally all the old Ministers, and those that were admitted before the Episcopal encroachments, are for the Assembly. 5. And lastly, would we speak of those that suffered under the Prelates, the Assembly will be found to have three for it, where one is against it. PROTESTATION Defended. What the Writer of this Paper doth mean by the common subscription, I do not well know, if by common he mean that, to which most of the Conformists did subscribe, I say, that was an horrid oath, as doth appear from the Records of their subscriptions. If by common he mean the lesser oath, and account the matter of that oath common; I shall set down the true Copy both of the greater and lesser Oath the Conformists did subscribe, and let the Reader judge, if the least of the two may not be accounted horrid enough for a Minister of Jesus Christ to swear at his entry to such an holy Calling: the greater Oath sweateth to practice all the corruptions of the time, and implicit obedience for what should be after concluded, under the pain of deprivation, infamy and perjury. The lesser Oath sweareth solemnly to the practice of the corruptions of the time, and particularly for Episcopacy, and the five Articles of Perth, and what should be lawfully concluded thereafter by the Church, as then constituted of Archbishops, Bishops, etc. under the pain of deposition and perjury. The Protestation doth acknowledge, that the Lord was graciously pleased to give repentance to not a-few who were involved in that defection; and concerning that which he saith, that it should neither have been so long concealed, nor now revealed at such a time, and in such a way. It is not long since it was made known to these who have joined in the Protestation, neither had it been revealed now, unless men since their seeming to repent thereof at the taking of the Nationall Covenant, had by their after-carriage discovered their hypocrisy and rottenness of their way: beside, it hath only been revealed in the general, and the Protesters have not published their names. Their subscriptions (saith he) were generally known, I grant their conformity was known, but not their subscriptions, at least, that it was to an Oath, and so horrid an Oath. I do verily suppose, and not without ground, that some who have subscribed, as aforesaid, have forgotten that the Oath was so gross, otherwise why would they deny it, when the subscription is in Record under their hand? He saith, some of them appeared with the first against the Service-Book, I think few but semi-Papists or Atheists would have willingly embraced that Book, though fear might prevail with some for compliance, but how few of them appeared at first against Episcopacy, and the five Articles of Perth, to which they had sworn? He offers five things to clear the matter further, but two of them are coiucident. As to the first, for any thing I know or can learn, he can instance but one of the number of Protesters who complied with the Prelates, which hath be●n matter of humiliation, and a mean sanctified of the Lord to fit him the more for opposing these and the like corruptions; he hath now for fifteen years given large proof of the sincerity of his repentance, and hath been very useful in his station, for promoting the Work of Reformation, beyond others, of whom more was expected. And as for the number of those that stand for the Public Resolutions who subscribed Oaths, or at least practised the corruptions of that time, he will find their number no smaller than some hundreds. The second thing which he propones to consideration is coincident with the fifth, for who did bear the heat and hard of the day in that hour and power of darkness, but these who suffered under the Prelates; yet in the second he saith, that these of their number were ten for one with these that are Protesters; but upon better consideration in the fifth he falls down to three for one, and though he had said only that their number which suffered under the Prelates was equal to the number of Protesters that suffered, he should upon a just computation, have found difficulty to make it good; but because he is accustomed to speak big words, I shall pass this as a brag to beguile simple Readers, though I think I might say, the sufferings of the Protesters were greater; but blessed be the Lord for the faithfulness of all that suffered. As to the third, I do so far differ from him in my computation, and (I suppose) I know the Protesters near as well as he, that I can scarcely find twenty of them under six years standing in the Ministry, which then concurred in the Protestation, though blessed be the Lord their number increaseth. If he can help my memory in two or three that will be the most, he saith, that about five of them only were Ministers when the Nationall Covenant was subscribed, which is about fifteen years since, I can find him about five times five, who were then Ministers, that join in the Protestation; and there be divers more who are unsatisfied with the Public Resolutions, though they adhere not to the Protestation. And what great advantage is this, I pray you, that he so earnestly hunts after? Whether is it more commendation for several of the Protesters that were ready to have entered into the Ministry, to forbear to enter, by subscribing to such sinful Oaths; or for many of these that are for the Public Resolutions, that they entered by such a corrupt way, and so were Ministers when the National Covenant was subscribed? would this argument have any weight with judicious men against Mr. George Gillespies testimonies for the Cause of God, because he entered not into the Ministry till after the Reformation began. 4. He saith, that generally all the old Ministers and these that were admitted before the Episcopal encroachments, are for the Assembly. The defection began in 1597. and upon King James his entry to England, (which is about fifty years since) the Episcopal encroachments began, and all opposers of the defection were discountenanced, and such as were for it, favoured and encouraged by the King, State, Bishops, and corrupt Assemblies: for my own part, I know few that can be of that standing in the Ministry, but I know some who have been about that time in the room of the Ministry, who are not long since deposed for insufficiency and scandals, and like enough there be more of that sort. Let this Reviewer do the worst he can to cast aspersions and reproaches upon the Protesters, I do believe that in no time of the defection of the Assemblies of this Kirk, there can be produced so great a number of faithful witnesses that adventured to give in Protestations against the corruptions of the time; and these on either hand also. This is to me a token for good unto the Land from the Lord, to whom alone the praise is due. The greater Oath. WE _____ by their presents, solemnly swear, and faithfully promise to observe and fulfil the Articles and Conditions following; they are to say, 1. That we shall be leill and true to our most gracious Sovereign the King's Majesty and his Highness' successors, and to our power shall maintain his Highness' right and prerogative in Causes Ecclesiastic. 2. That we shall be obedient to our Ordinary the Archbishop and to all other our Superiors in the Church, speak of them reverendly, and in all our private and Public Prayers, commend them and their Estate to God's merciful protection. 3. That we shall in all places by conferences, and where we have occasion in public preaching, maintain the present Government of the Church and Jurisdiction Episcopal, and shall by reading be careful to inform ourselves of the true and lawful grounds thereof, to the end we may stand for the same against the adversaries opposers of the same. 4. That we shall be diligent to our power in the duties of our Calling by residence with our flock, and not divert therefrom without licence of our Ordinary the Archbishop. 5. That we shall study to advance the Estate of the Church in general, and particularly the estate of the Church of _____ whereto we are to be admitted and received, in all the profits and commodities that possibly we can. And lastly, that we shall live peaceable Ministers in the Church, subjecting ourselves to the orders that therein are, or shall be established; and by all means that we can use, procure others to the due reverence of the same; which thing if we shall contraveen (as God forbidden) we are content upon trial and cognition taken by our said Ordinary, without all reclamation or gainsaying, to be deprived of our Ministry, and be reputed and held infamous and perjured persons for ever. Subscribed with our hands at The lesser Oath. I _____ now to be admitted to the holy function of the Ministry, do faithfully promise, and by my great Oath solemnly swear, That I shall be obedient to all the Acts and Constitutions of the Church, made and agreed upon in the by past General Assemblies, or that hereafter shall be lawfully concluded, and particularly to the Acts concluded at Perth in the General Assembly which was kept there in the month of August 1618. And if I shall fail in the performance of this my Oath and Promise, I am content that upon the trial thereof I be deposed as perjured and unworthy to bear any Function in the Kirk. In witness whereof I have subscribed their presents with my hand. PROTESTATION Reviewed. AS for any who by word or deed at any time appeared against the late Reformation, they still found so little patrociny from those who are now Assembly-Men, that I am sure, if we should serve the Protesters with the like measure, for transgressions of the like nature, and perhaps greater, they would cry out of cruelty and persecution. As for the Epithets they give that Party: I confess, ill enough cannot be done to, let be spoke, of men who are truly such as they describe: But we desiderate here both charity and prudence; at such a time, and in such a way, to s●ing filth upon the faces of their Brethren; and that (for aught yet seen or known) most unjustly. PROTESTATION Defended. IF these who appeared against Reformation by word or deed had found so little patrociny with the late Assembly-men, many of them had been small friends to themselves, as is too well known, not only to their nearest neighbours, but to these that live at a good distance from them. And why did the Moderator of their late Assembly tell them, that the deposed Ministers both thought and said, they had many good friends amongst them? The Protesters were never accounted guilty of that fault, and himself afterward challengeth them for being of a rigid purging humour, so I know not what transgressions of the like nature he hath to charge them with. He grants in his fourth Observation, that the epithets may be applied if the Party were such as is described, when he shall seriously consider what hath been said for evidence thereof, he may perhaps change his judgement about them, or at least, not defend them so confidently. PROTESTATION Reviewed. THat the Public Actings were for bringing in of the Malignant party, to places of power and trust, and bearing down such as had been straight in the Cause, stirring up the Civil Magistrate against them, and subjecting the liberty of the Word in the mouth of Christ's Ambassadors, for reproof of sin, to the immediate judicial cognizance, restraint and censure of the Civil Magistrate, will appear a mass of malicious reproaches, by shortly setting down the true stories related to: But I must first tell that the odicus term Malignant doth not appertain to them, who having satisfied for their offences of that kind, according to the Order prescribed by these men's own assent and advice, keep themselves free from new out break of that abjured iniquity; And if we walk not according to this rule, many of them will be forced to hear, what for the present I purpose not to speak. And next add, That all the birds of their feather were not so straight in the Cause, as they would seem to insinuate here: And on the other part, some, whom they term Malignants here, have given unquestioned evidence of their affection to, and are still suffering for that Cause. Now, the Stories related to, are these two; The one so well known, that we need no more but remember how, when, and upon what pinch of necessity, (which themselves know how it came) the Commission of the Kirk being enquired by the State, who might be employed for the necessary defence of the Country at such a time: The Commission of the Kirk gave that Answer, which their duty to GOD, their Mother-Kirk, Native Country, and the Protestant Interest, extorted from them, and which all Nations and Incorporations whatsoever, will, and do allow and practise in such a case. But, that People may rightly judge of it, for it is ordinarily misrepresented, we desire them to get, and ponder the Commissions own Papers. The other Story is shortly (in so far as it is most material) thus; It being represented by the Committee of Estates, to the Commission of the Kirk, what hazard the Garrison of Sterlin was in, by their Ministers there preaching, and otherways dealing, they withal signified how they behoved to take some course for securing the same the Commission desired their Lordships, that they would not meddle with the matter, till they had first dealt with them, and returned their report of the Issue, which being assented to, the Commission wrote for them to St. Andrews, where they met with them; and when by conference they would not receive satisfaction, began to entreat them first to give assurance that they would not obstruct the Levies, but this they refused: Thereafter, that they would be pleased (for Peace sake) to with draw for a season from Sterlin, and they would provide their places; but this they also refused, although Mr. Blair then (apparently a dying) did gravely obtest them, both for the one and the other; which being represented to the Committee of Estates, and they thereafter informed, how those Ministers continued in their former practice, they wrote for them once, and again to come to Perth; But ere they came the most part of the Committee being removed to the North) they who remained desired them to stay at Perth or Dundee, till the rest should return, against which they protested in very high terms, as encroaching upon the Ministry, etc. By the time the rest returned the Parliament did sit, who desired the Judgement of the Commission, whether or not the Committee of Estates had made any encroachment upon the Ministry and Government of this Kirk, by detaining these Ministers and give their advice what course the Parliament should take in relation to them, for securing the Garrison of Sterlin; the sum of the Answer thereto was, The Brethren might lawfully protest, that nothing be done prejudicial to the Liberties of the Kirk; but that they did not see that the Committee of Estates had eneroached thereon, by that which they had done; and that they could give no advice to their Lordships, the securing of a Garrison being a thing not competent to them. After which, some of those Ministers friends entreated some of the Commission, to deal with the Parliament, to let their Brethren go home, undertaking for them, that they should not further offend; which the Brethren of the Commission did, engaging themselves to be answerable for their carriage; whereupon they were presently dismissed. This being the true Story, let any judge of the truth of the former Calumnies. PROTESTATATION Defended. TWo things he denies, and saith they are malicious reproaches: The first is, the inbringing of the Malignant party to places of power and trust; one while he pleads their repentance, and would have them to be no Malignants that have made a fashion of repentance, without any evidences, yea there were contrary evidences in their speeches and actions: and there while he pleads necessity for it, and saith, the Protesters know how it came; which is true indeed, though not perhaps in his sense: They too well know from sad experience, how that necessity was plotted and contrived at the Hague and Bredah in Holland, and how the design was driven on in Court, State and Kirk in Scotland, all other necessities were but pretended; and what necessity is that, which should make a People, confederated with God in a solemn Covenant, to give up the Lords Covenanted Interests and People, to the power of his and their Anti-Covenanted Enemies, whose hands have been, more than once, imbrued in their blood. Then he referreth to the Commissions Papers, for further satisfaction; but these have been sufficiently answered by former Papers, to which no Reply hath been given. I find in the Commissions large Paper, in answer to the King and Parliament, concerning the Ministers of Sterlin, this Defence of their Answer to the Parliaments Quaere, which is brought forth by them, with confident words as an undeniable Argument Either the Malignants will satisfy, or not satisfy; if they satisfy, than they must be admitted to the Covenant and Ordinances, and if to these, than they may be admitted to fight for Religion, King and Country etc. If they satisfy not, than they are to be Excommunicated; and by the Public Resolutions Excommunicated persons are excepted from being employed. The Vindication of their Assembly hath another Answer, that the Public Resolutions were indeterminati juris, as to any former Assembly. Where first I desire it to be observed, how one Defence interferreth with another. What a sad business is berk? some few Members of the Commission without advertisement sent to others, do, at the desire of the State, determine a matter of Doctrine with great precipitation; contrary to received and known principles: and then they strain their wits to devise several sorts of Arguments to maintain the same. (1) What a strange conversion is here of Thousands all on a sudden, following upon an Act of Parliament? bestowing places, though just now, many of them were in Arms against Religion and their Country, and others on their way to join with them. The State first nominates Malignant Officers, and then they come to make a bare show of repentance before the Commission of the Kirk, and they accept it. (2) Observe, that it is not true which is alleged for defence of the Commission, that they prescribed good Rules, but the State transgressed them; for according to the Commissions dilemma, brought to maintain their Resolutions, the State did not transgress the limits prescribed when they nominated persons not yet Excommunicated, for saith the Commission, If they satisfy not, they are to be Excommunicated, and so are excluded; and to say the truth, the State could not think that the Commission judged any to be obstinate enemies, or notoriously flagitious, who neither were Excommunicated, nor under process of Excommunication; and so the Commissioners of the Kirk were chief in the Transgression, for they did not Excommunicate any one Malignant in Scotland, but shortly after their Answer did relax from Excommunication a chief Malignant, who had been Excommunicated a little before their Answer, for being a Ringleader of a present Rebellion. (3) How contrary is that to former Principles, to reason from men's being admitted to Repentance, to their Employment in Places of Trust (for that is the thing complained of in the Protestation, and answered by this Reviewer) the Acts of Assembly 1648. 1649. and 1650. and Declarations of the Commissions of the Kirk, speak expressly against employing of Malignants, notwithstanding any outward satisfaction: Is not the solemn Acknowledgement of our great sin, in employing Malignants, made particularly in relation to the employing those who had given satisfaction to the Kirk? for none were employed in places of power and authority but such as had first satisfied the Kirk. Doth not the Assembly 1649. expressly distinguish betwixt Admission of Malignants to Repentance, and their Admission to Trust; which, even in Kirk Sessions, is discharged without express warrant of Assembly? And then (4) As to their Repentance. How few of the great multitudes admitted, were received, according to the Order prescribed in the General Assembly at Glasgow, and the General Assembly 1649? Upon Evidences, it was in the judgement of many judicious and pious men, the very Cape-stone of that Defection, that the Lords Ordinances were made to serve the corrupt ends and designs of men, and the mocking of Repentance, made a patent way to Trust and Preferment: What better was it, then if the Priests of old had admitted Lepers into the Lord's House, and then to excuse themselves, had pronounced them all to be clean when the Leprosy had sprung up and spread in their bald-head; that certainly should be accounted a double guilt. As for those, which he saith, are free from new out-breaking, all that I know of that kind will hardly exceed (that which we could only call) a perfect number, their Repentance is very rare; it is too manifest that many of them have, according to their mutable principles, gone from one extreme to another. For his boasts of what he can speak, of any of the Protesters, they fear him not, only let him speak no more hereafter than he can make good; which is the best way to bring himself into credit again. The other thing which he denyeth in this place, is, The subjecting of the liberty of the Word in the mouth of Christ's Ambassadors, to the immediate judicial cognizance, restraint and censure of the Civil Magistrate. This is so fully cleared in the Review of the Vindication, as I need, say nothing in answer to the Relation here made, only I observe this difference betwixt the Vindication and this Reviewer, that the Vindication denieth that the Magistrate confined the Ministers of Sterlin, being starred up thereunto by the Commissioners of the Assembly; and the Writer of this Paper, to avoid the inference that may be made upon the Magistrates judging them in prima instantia, saith, That the Magistrate did conveen them upon a Representation made by the Commissioners to the Committee of Estates, but he knoweth that the Commission of the Kirk had passed no judgement against these Ministers, nor indeed could they, walking within the bounds of their Commission; yet did they approve the Proceed of the State, without so much as hearing the Defence of these Ministers, though present in the same town where they were sitting. PROTESTATION Reviewed. AS for their purging humour, which, time, with these sad dispensations, might have purged out of them; but belike it will never leave them. We grant indeed, the Kirk should be careful to purge out the old Leaven. All our Question is, anent the manner how: And I shall desire them in the fear of God, to consider whether their practice in this hath been in every thing squared to the Apostles Rules, 1 Tim. 5.19. Tit. 3.10. Gal. 6.1. Jud. 22.23. And whether or not they made it a politic screw, to wind themselves into all places of power and Authority, Civil and Ecclesiastical, and a mean of revenge, exercing it uncharitably and unseasonably. PROTESTATION Defended. HOw offensive must this needs be both in the ears of God and good men, that one who pretends to be a Patron of an Assembly of the Kirk, should so publicly and scornfully reproach that necessary and covenanted duty which the Assemblies of the Kirk and their Commission, in their Declarations, Warnings, and Remonstrances, above the number of Twenty, have pressed upon the Parliament and Committee of Estates, from the Word of God and our Covenants, as they would avoid the Lords eternal wrath on themselves, and a curse upon the Land, and still challenged them as negligent and defective; in all which the men of most deserved estimation in their Assemblies had a very great hand. The Causes of Humiliation presented to the State before Dumbar, at Leith, and the Causes after Dumbar at Sterlin, show and acknowledge, the notpurging the Judicatories and Armies, according to our Vows and Professions to be a great cause of the Lords wrath upon the Land; afterward he would seem not altogether to condemn the duty, and would state the disterence upon the manner, and by the words he speaks and texts hinteth, he seems to desiderat justice, prudence, charity, and what not? It would please such a Master far better to sit idle then to work; but such, to whose hearts the Lord hath made the language of His Words to speak, though they do readly acknowledge a great mixture of humane infirmities in their performance of all duties, yet they are so far from thoughts of repenting what they have done in that matter, as they desire to mourn before the Lord that the work of purging hath been so much slighted in all Judicatories both Ecclesiastical and Civil: Sometime he undervalues the Protesters as a company of young men of small account, and at other times he holds them forth as men who had a great sway in Judicatories of Kirk and State. He saith, Purging was made a politic screw, to wind into Power and Authority in Kirk and State. To which I answer in his own words, That such heinous accusations must not be taken upon trust, when nothing is said to make them appear; especially when they are spoken by a person who takes more pleasure to reproach then to reason. I am sure if it was before acceptable in Judicatories to speak for purging, it is now more acceptable to speak against it, and I think I may in the fear of the Lord, desire good men who were very industrious and zealous for purging the House of God, the Judicatories and Armies, and now are engaged in the way of the Public Resolutions, to consider the boldness of this man (whom they do well enough know) and either to take with the thing he charges upon their former actings, and to let the world know that then they were wrong, but now are right, together with the Reasons of their change, or else to be sensible of their lifting up the head of such men, by declining to their way, and to remember whence they are fallen, and to repent. PROTESTASION Reviewed. AS for any power in any to carry Public Determinations to any wrong ends, we can, and do bless God, the contrary is known to be true, and all the Assemblies Determinations speak the same language to the whole world; yea, I hope to their consciences also, when the heat of their passions is a little allayed. PROTESTATION Defended. THe Acts made in their Assembly at Dundee and at Edinburgh against faithful Ministers, Elders and Expectants, (from which some of best esteem dissented) do evidence, That Public Determinations are carried to wrong ends; which made a worthy Brother, (a Member of the late Assembly at Edinburgh) gravely to tell them when these Acts and Overtures passed, That the words of the Prophet Micah against the Prophets in his days, might be applied to them, chap. 3. ver. 5. They by't with their teeth, and cry, Peace. He saith, That the Assemblies Determinations speak the same language; their late Assembly at Edinburgh speaks the same language with that of Dundee, but neither of them speak the language of former Assemblies since our Reformation, as the Papers sent to them from the Keeper of the Registers of the Assembly (which they refused to read) do fully show. Their language is the same with that of the Parliament and Committee of Estates 1648. pleading for the Unlawful Engagement: It doth also well agree with the King's Declarations, and the Oxfordian Doctors Arguments from the light of Nature and practice of Nations, for employing Papists to defend his Person and the Protestant Religion, as their Arguments are for bringing in Malignants to defend the work of Reformation, and the Protesters language is the same with the Declaration and Answer of the Commission of the Kirk and General Assembly 1648. and the Reply made in the year 1642. whereby it doth appear whose word is yea and nay, 2 Cor. 1.17, 19 and who walks in the same steps, and in the same spirit, 2 Cor. 12.18. and who build again what they destroyed, and make themselves transgressors; and who condemn themselves in that which they allow. Rom. 14.23. PROTESEATION Reviewed. FOr the following words, which are of the stamp with the former, I shall only add, 1. What measure every one that cometh not up their full length may expect of them, if their former actings had not sufficiently cleared their present expressions put out of all doubt. 2. It is not one of the characteristical properties of the Godly, to be oft assuning that Title. 3. Such heinous accusations must not be taken upon trust, when nought is said to make them appear. 4. I believe, the Assembly knoweth of none received to the Ministry, but according to the Public Order, and when aught shall appear to the contrary, will take such course therewith as in justice accordeth. PROTESTATION Defended. TO the first I answer, that he doth well to grant, that the present expressions and former actings of the Protesters do agree, the like cannot be said of all that are for the Public Resolutions, though it be too true of many of them, the Protesters are indeed for purging out all insufficient, scandalous & ill-affected; but that is very far from judging such as come not up the full length that they desire; he knoweth what measure faithful Ministers and Professors got in their Acts at Dundee, and he may remember his own intimation page 5. of a necessity to hold them as Heathens and Publicans. To the second. I say, that they do neither often assume, nor at all appropriate (as he saith elsewhere) the title of Godly to themselves, the subscribers of the Protestation are speaking of others to whom these of best account in their Assemblies, will not deny the testimony of godliness; and yet when they are reproached and condemned, they may even concerning themselves, use some freedom in their Vindication, for which there be divers examples in Scripture. To the third, seeing that Assembly to which the Protestation was presented, account themselves a Judicatory, why did they not acknowledge the relevancy of the grounds, and then they might have desired the Protesters to prove them, wherein if they had failed, the Assembly had the greater advantage, but they were loath to put the business upon that issue. To the fourth, I desire him to consider what Mr. John Knox said to the Council of England, when they challenged him for doing contrary to the Public order, his reason was (said he) because their Public order was contrary to Christ's order: And so is their Public order at Dundee contrary to the first good old constant order of this Kirk, established according to the Word of God, which was to be very watchful in admission of Ministers, as appeareth by Mr. Knox his last Letter to the General Assembly, a little before his death. But doth not the Writer of this Paper know, that some deposed Ministers are admitted contrary to public Order of the Assembly 1649, and 1650, in several places, and particularly within the Synod of Tividale and Mers? I believe he is not ignorant of it, and however, I am sure a great part, if not the most part of the Assembly did know it: and the whole Assembly might have known it, if they did examine Synod-Books and their Proceed. PROTESTATION Reviewed. FOr their allusion to the Prophet's words, I shall desire themseriously to read them again, and perpend if in conscience they be applicable to the present points of differences. Next, they tell us, it shall be their purpose to maintain the Doctrine, Worship, Discipline and Government of this Kirk, and particularly the Nationall Assemblies, so long as they are preserved from corruption in the constitution thereof: But many need better Arguments to persuade them of this, than their bare Profession or practice this year and the last; Of which we may well say, what ever be the purpose of men, it is evidently the aim of the devil to ruin General Assemblies, and so to raze the walls of our Jerusalem; And they would do well to consider if, and how far they have been instrumental to drive on that design. PROTESTATION Defended. THe Prophet's words were well considered before they were set down in the Protestation, and they are very applicable to the Party of which the Protesters speak. It is known to the World what some of the Protesters have done for maintenance of the Government of this Kirk; I may say of them all without any boast, that they have done more for it, than any who question the reality of their Professions. There is no doubt but it is the Devil's design to ruin General Assemblies, and every Ordinance of Christ if he could, but the way by which Satan hath most advanced that design hath been through their own corruption, and when they were faithful, opposition hath little prevailed. PROTESTATION Reviewed. BUt they would make some clearing here, by telling us, that all who are acquainted with the principles and practices of our worthy Predecessors, and of the learned & godly non-conformists in England, will easily see how far they are from their judgements and practices, who follow the ways of separation. Belike they still dwell beside evil neighbours; but which is worse, they are hardly believed, when men call to mind and consider how now of a long time still they took the patrociny of all that were suspected to follow those ways. 2. What progress some of their chief and cryed-up men have made in those ways. 3. What affection they still carry to them, and how familiarly they converse with them, even although excommunicate. 4. But especially how unavoidable separation is upon their grounds: For, if it be a matter of conscience for them to join with others in Civil duties, that necessarily belong to the Incorporation, whereof both are members, sure much more in Ecclesiastic. But a little time will further clear this. PROTESTATION Defended. HEre he bends all his endeavours to make it appear, that the Protesters incline to separation; but he answers not what is said in the Protestation for their vindication, to wit, that their ways are agreeable to the principles and practices of their Predecessors and the Non-conformists in England, he brings four considerations why the professions of the Protesters are not believed. First, he saith, that the Protesters still took the patrociny of all that were suspected to follow these ways; but what doth all this amount unto? For he saith not that they patronised these who followed, but these who were suspected to follow the ways of separation. It is well known that too many have an evil eye against Reformation, and have suspected all that hath been done these fourteen years in the Lords Work, as tending to separation: But what will he say for his associates, who have not only taken the patrociny of men suspected for Malignancy, but of these that were condemned and excommunicated for being murderers of the People of God; yea, and what if they have recommended them to Public trust and employment? To that which he allegeth in the second place, I answer, that this is the old Prelatical song against the Non-conformists, because some of their number turned Separatists: therefore to say that they were all for separation, though they keeped Christ's middle way between extremes, and did much more against Separation by Word, Writ and Print, than all the Prelatical Party; And I may say the like of the Protesters, that they have taken more pains by word and writ, to prevent and remedy the declining of some to the ways of Separation, than all that are for the Public Resolutions have done. Beside he would consider what is said in the Representation which was given in before the Protestation: How great a snare your former actings which were not to edification have been to some people to tempt them to the way of separation, and to the shaking of the government of this Church, etc. He may also bethink himself what great numbers of these that were most zealous for the Public Resolutions, have either departed from their Principles to the contrary way, against which they were fight the former year; or otherwise, if they be still walking upon their principles, it is true which the Protesters a league, that the Public Resolutions lay a foundation for conjunction with all parties whatsoever. To the third I say, that he hath forgotten the rules recommended by him to the Protesters in the preceding page, anent purging out scandaious, insufficient and ill-assected Ministers. Will he not allow the same moderation to men reputed godly, when they fall into an error of judgement? He recommended to the Protesters consideration 1. Tim. 5.19 Tit. 3.6. Gal. 1. Brethren, if a man be over-taken in a fault, ye which are spiritual restore such an one in the spirit of meekness, considering thyself left thou also he tempted. He recommended also Judas 22 23. and of some have compassion, making a difference, and others save with sear, etc. I wish these rules had been observed in the excommunication of some: for rash censures, bring authority in contempt. I add unto these another place, 2. Thess. 3.14, 15. and if any man obey not our word by this Epistle, note that man, and have no company with him, that he may be ashamed, and yet count him not as an enemy, but admonish him as a brother. And I say no more, but desire that he and his party may be as studious to observe these rules in their censures, as the Protesters are desirous to make conscience of keeping these rules in their conversation. As for his fourth consideration, he mistakes the question, there was more in the case of non-concurrence with the Forces of the Kingdom, than association with Malignants: for the state of the quarrel was changed from what was agreed on by State, Kirk and Army, before the fight at Dumbar, as hath been showed before. Next, the interest and ends of the War were changed, when the Malignant Party became the predominant and prevalent part in Judicatories and Armies; It is one thing to join with a few evil doers in a great Army: It is another thing to join with the Congregation of evil-doers, and where notorious evil doers bear the sway and rule in government. There was a third thing, that though all were clear anent the unlawfulness of the Invasion, and did concur to oppose it; yet very needlessly several were made to scruple in their actings, and their hands were weakened by the States slighting and rejecting the offer of a Treaty for peace, which was made by General and Council of the English Forces not long after the fight at Dumbar, seeing it had been an easy matter in a few days to have made trial and discovery, whether there was any reality in that offer or not, but not so much as an answer was returned by word or writing to that Letter, notwithstanding that it was once resolved on by the most part of the Members of the Committee of Estates that were then present at Sterline. Now it is evident, that these things are of a different nature from the question about separation from worship, because of the sins of follow-worshippers. But yet further I say, there are many clear differences betwixt non-concurrence with the Malignant Party in Arms, according to the Public Resolution & separations from the Ordinances of God, for the sins of fellow-worshippers: for in acts of worship, the effect is to every man according to his faith, but in fight together there is one common effect resulteth to all, & all must share therein, according as the Lord dispenseth a victory or defeat; now the Lord is with his friends and blesseth them, and against his enemies and curseth them, therefore Jehosaphat and Amaziah are forbidden conjunction with Israel, 2 Chron. 19 and 25. And to express it Further, I give this Instance, that when men join in Arms, they fight one for another; but in participation of the Sacrament they do not Communicate one for another; also there is no implicit obedience to be given in Acts of Worship as there must be in war in some cases: For inferior Officers and Soldiers are sworn to obedience by their military Oath, and if they should refuse until they understood a reason for the command given them, it would be judged Mutiny, and worthy of death: Therefore friends, and not our bloody Enemies are to be entrusted as Commanders, likewise there are not such Commands, Prohibitions and Covenants in the one case as the other; and we see in Scripture that Jehosaphat and Amaziah are forbidden conjunction with the Israelites in war, yet incase the same Israelites had come to Jerusalem to Worship, Jehosaphat and Amaziah had been obliged to join with them in Acts of Worship; there be divers other differences, but because they are set down in other Papers for answering the same Objection, I shall not repeat them here. In the last place I shall add a further consideration, and that is even in the case of abstaining from conjunction with these that not only come the length of profession, but seriously to essay to join themselves with the Church, which it seems this Reviewer doth condemn as altogether unlawful in any case whatsoever. There is great difference betwixt open enmity against the Lord and his Work and bloody persecution of his People, and betwixt common scandals; these two are not to be confounded together, for actual enmity suspendeth the duty of all relations, so long as it is continued, even between Father and son, and husband and wife, at least these duties which cannot be performed without real danger; for nature's light teacheth, that one would not trust himself on the same bed or roum with another whom he had found divers times endeavouring to cut his throat; but common scandals do not suspend the duty of relations, for a son is bound to do duty to a father under censure for gross scandals. Before Dumbar the Remonstrators did join in Arms with known scandalous persons, yet they would have scrupled to have joined in Counsels and Arms with notourly treacherous Rebels, that had been active and frequent in shedding the blood of the Lords People, unless they had seen evidences that they had repent of that enimity: But to make good what is before said, see Acts 9.26. The Disciples at Jerusalem were all afraid to join with Paul who had been a persecutor, and believed not that he was a Disciple, though he essayed to join himself to them, and no doubt Paul being so wise a man, and knowing how great offence his former carriage had given, did declare to some of them the manner of his conversion, when he did essay to join himself, yet he could not obtain this without Barnabas his testimony to the Apposties anent the sincerity of his conversion; It is well said by Calvin upon the place, & timendum erat ne periculum sibi temerè accerserent si prabuissent se adeo faciles itaque timorem illis justa de causa conceptum nemo vitio vertere debet, nam si ad reddendam fidei rationem vocati fuissent non Paulum mode, sed omnes inferorum furias intripidè provocassent. It is the judgement of some Divines upon Gal. 16, 17, 18 that Paul had then been three years preaching after his Conversion at Damascus, and in Arabia, before he came to Jerusalem; which if so, may further strengthen the Argument if there were need; and however Acts 22 18. Such was the Lords gracious condescendence (far different from the imperious and boisterous way of rulers upon earth) that though upon right information concerning Paul, all scruples might have been removed, yet he gave command to Paul to departed from Jerurusalem, make haste (saith the Lord) and get thee quickly out of Jerusalem, for they will not receive thy Testimony concerning me; As for Paul's answer although Interpreters differ about the meaning thereof, yet it is most probable that his words are a confirmation of what the Lord had said, and an humble confession that they had reason to scruple in receiving his Testimony; and if Paul had been offering a reason to the Lord for his stay at Jerusalem, as some think, he would have added something about the reality of his Conversion, as Barnabas did for him, Acts 9.27. But however, the Lord reneweth his Command, vers. 21. Depart for I will send thee far hence to the Gentiles. These considerations, together with the present practice of the Protesters may suffice to Vindicate them from such calumnies. PROTESTATION Reviewed. AS for an Argument drawn from the disclaiming corrupt Assemblies at Glasgow, or the following Assembly at Edinburgh, its affirming those corrupt Assemblies, were a chief cause of the evils we then groaned under. How weak, I say, such an Argument will be for justifying their present practice, is palpable to any who will either look to the matter concluded in those corrupt Meetings, or the manner of their procedure, or the particular reasons whereon they were condemned, in all which there being nothing alike, I wonder why they are alleged, except perhaps, they know many of their Proselytes will take upon trust, whatsoever cometh from them, or seemeth to borrow countenance from Glasgow. PROTESTATION Defended. IT is to be observed, that where the Protestation upon good ground saith, That the secend Assembly after this last Reformation hath clearly determined the keeping and authorising corrupt General Assemblies to have been one of the chief causes of the many evils which have befallen this Church; he only saith that it affirmed that these corrupt Assemblies were a chief cause etc. If any of the Protesters had spoken so barely of so solemn an Act and determination of the General Assembly, it had been a Crime to have been noted with great Letters; but he also passeth over these words, keeping and authorising these corrupt Assemblies, which are the words of the Act, and of no small use in this debate betwixt them and the Protesters; and if the late Assembly be corrupt, the forbearing to keep them, and to concur for authorising them is so far from separation, that it is a duty so to do. In the next place, I observe that he seems to grant the nullity of the late Assemblies, if they be like unto the six corrupt Assemblies, either in matter, manner or reasons condemning the same; and if he shall be pleased diligently to peruse the Review of the late Vindication, he may see their likeness in all the three, though he yield that one of them is enough; As to that bitter scoff, saying, That the Protester I know many of their Proselytes will take upon trust whatsoever cometh from them, or seemeth to borrow countenance from Glasgow. I wish the Writer of this Paper had as great ability and dexterity to speak in things concerning Edification, and the promoting of godliness, as he hath for jeers and scoff, wherein he seemeth to speak as one who had delighted to exercise himself therewith from his youth; but surely he is greatly mistaken in the truth of what he saith, and if he shall ask these whom he calleth Proselytes, I trust he shall find them in some measure able to render a reason of their do, and that they act from a Principle of knowledge, and not of ignorance. PROTESTATION Reviewed. THey say they have a clear warrant from Scripture, to plead and testify against corruptions: it is indeed but withal they should have better grounds than any we have yet heard of, or can conceive, before they trouble the Peace of a Kirk and so peremptorily conclude that a corruption, which they cannot prove one, yea what all, not only reform Churches from the light of Scripture are persuaded of, but even generally all people from the light of nature, and upon the Principles of self-preservation, are convinced is a duty. We pass for the present to give any verdict, concerning some by past Acts of theirs (which they mention) how good they were or how true. What is said being sufficient to clear, that this their Protestation is also needless (to say no worse) as the following grounds given for it are frivolous, which themselves seem in part to assent to, while they say, they do it for all or some of the reasons following and so insinuate, that some of them will not hold water, which (in my humble opinion) they might safely have affirmed of them all. PROTESTATION Defended. When the Protesters bring Arguments from the Word of God, from sworn Covenants, and the Acts and Declarations of this Kirk, to prove a defection in this Kirk, and that in the Public Resolutions they have departed from former Principles than this Reviewer takes himself to general Arguments from the light of nature, and self-preservation, etc. Which showeth that he hath nothing to answer in particular to the Arguments brought against them: Many Acts and Declarations of this Kirk have been made use of in former Papers against the Public Resolutions, but never any one Act or Declaration could be produced for them; all their arguments from the light of nature have been answered formerly by the Protesters, and it hath been showed that it is against nature's light to associate with actual enemies and bloody rebels, they have but a poor plea to plead before consciences bar, to say that nature taught them to pronounce absoluution to all the Malignant Party, and to declare them friends to the Lord, his Work and People, without evidences of Repentance, to the end they might be strengthened by their help and assistance for defence of Religion and the Country. It is a sad matter that Ministers of the Word of God, who should magnify the Law and make it honourable should make it a hand maid to the light of nature, whereby it is to be feared the Lord may be provoked to remove Scripture light from his seers, and to let them walk in the light of their own fire, and in the sparks which they have kindled. I do not easily believe, that he who delights so much in reflections and aspersions against these whom he disliketh, would pass any bypast acts of the Protesters (as he saith) if there were any thing he could with any show of reason quarrel, yet he concludes the Protestation was needless, and the grounds of it frivolous, and he would fetch a proof hereof from themselves, because they say they do Protest for all or some of the reasons following, which saith, he doth insinuate that some of them will not hold water: But he wittingly omitteth in the same place that they do also Protest upon the grounds before mentioned, wherein they all did agree, and these alone had been sufficient to infer the conclusion. The true reason of that expression, for all or some of the reasons following was this; There were amongst the Protesters against the late corrupt Assembly at Edinburgh, divers who were fully persuaded concerning the sinfulness of the Public Resolutions, and accounted the Assembly at Dundee corrupt, for the matter, yet had some doubts anent the form, but perceiving this year a corrupt constitution continued according to that corrupt act, and rule of constitution of Assemblies made at Dundee, they were clear, that it was their duty to Protest against this Assembly at Edinburgh, as corrupt in the form and constitution: But the most part by far were clear, that it was a duty to Protest against the constitution of that Assembly at St. Andrews and Dundee, yet did not judge it expedient to make two several Protestations because of this difference when they agreed in the main: Therefore that all might join in one Protestation, that manner of expression was used; and what hath this Reviewer to insult in against the Protesters when all the matter is, that the number of the Protesters against the late Assembly at Edinburgh is increased above the number of Protesters against their Assembly at St. Andrews. PROTESTATION Reviewed. THeir first reason is, That this Meeting hath its dependence, power and authority for its indiction, from that of St. Andrews and Dundee. Is not that to beg the question? and besides, hath no weight, neither in respect of us who hold and have determined it a free lawful General Assembly, as indeed it was, and doth appear from the Vindication thereof, a nervous piece not yet answered, nor easily answerable; Nor in respect of themselves, and their Principles, who in their Arguments against that Assembly, do determine that Presbyteries may by mutual consent, meet in a free, lawful General Assembly; now the Commissions directed to this, do presuppose and import the mutual consent of Presbyteries. PROTESTATION Defended. IT is not a begging the Question, because the Reasons given in the Protestation against the Assembly at St. Andrews are cleared and confirmed, and that Vindication which he extolleth as a nervous unanswerable piece, is fully and convincingly answered, and refuted in the Review of that Vindication, and the Nullity of that Assembly therein demonstrated: and however the Writer of this Paper is pleased to commend the Vindication of that Assembly, yet the weak grounds held forth therein by a man of such abilities, have confirmed some concerning the unlawfulness of that Assembly. The strength of the first reason given in the Protestation lieth in this: That the Assembly which met at St. Andrews, and adjourned to Dundee, being unfree, unlawful and corrupt, and having neither power nor authority to make Acts obligatory of this Kirk; much ●o●●e to censure any Member thereof, or to make rules for Election of Commissioners to ensuing General Assemblies, nor to Convern them according to these rules, as they pretend in their Acts, and the Acts of their Commission; the following Assembly at Edinburgh convened by that pretended authority can be in no better capacity than the pretended Assembly which did so conveen it, seeing they could not communicate that to another that which they had not in themselves, and albe●● he thinketh that this suiteth not with their new Principles, yet it suiteth well with the Principles of the Protesters, and sound reason; and it maketh nothing against this, that Protesters hold that Presbyteries may by an intrensecall power meet in a free lawful General Assembly without such prelimitations, and according to the rules let-down in uncontraverted Assemblies, but it speaketh against them who rejected such an Overture made at the meeting 12. May 1652. and would have to Assembly but such an one as did depend upon the Authority and Acts of the Assembly at Dundee. PROTESTATION Reviewed. Their second reason is, That it is constitute after the same manner, and (for the most part) of the same members that the last Assembly was, to wit, of persons that have carried on a course of defection, and in respect hereof, are incapable of being Commissioners; which again beggeth the Question, and besides that, it is answered in the fore cited Vindication, includeth this falsehood, that they are (for the most part) the same Members constituent, whereas the Rolls compared will clear, that not the third man who was present the last year are Members of this, neither did this Moderator precede in that challenged Commission of the Kirk, nor was so much as present at it. But especially this Argument our Remonstrators have borrowed from the Remonstrants of the Netherlands, their Protestation against the Council of Dort; at which meeting, it was largely and learnedly refuted, as may be seen in the Judgements of the Orthodox Divines thereupon. PROTESTATION Defended. HE is still in the wrong to say the Protesters beg the Question for what is asserted in the Protestation was before the making thereof, clearly proved in former Papers; he doth often cast in the Protesters way that Vindication, but it seems he had not then seen the Review of that Vindication, else he would not think it difficult to be answered; he doth by this time know (I think) that it is answered in all the parts thereof, and very particularly in that concerning the Argument of the Remonstrants of the Netherlands, which is well refuted and retorted. In this place he allegeth that the Protesters second reason includeth a falsehood: But if it be a falsehood, it is one of his own devising, and yet he would impute it to the Protesters, for he doth forced in two words, at two several places; in the first place he puts in the the word [and] in the second place he puts in the word [same] then in the third place he leaves out the word [constituent] and so altereth the sense of the words; the words of the Protestation are these, It is constitute after the same manner for the most part of the Members constituent, as the former protended Assembly, of persons which were authors and abetters of and have carried on a course of defection, of which words he maketh this false repetition, that it is constitute after the same manner and for the most part, of the same Members that the last Assembly was, etc. And yet he would charge the Protesters with a falsehood; how like is this to the Thief that did steal his Neighbour's pur●●, and put into an honest man's pocket, and then stirred up him that wanted the Purse to challenge the honest man for a thief. That which the Protestation saith is. That the most part of the Members constituent of the Assembly at Edinburgh, are Authors and Abettors of, and have carried on a course of defection, as the Members constituent of the pretence Assembly at St. Andrews had done contrary to the Word of God, Covenant, solemn Acknowldgment and Engagement, express Acts and Declarations of this Kirk, and being under so great a scandal, are by the Acts of the Kirk incapable to be Members of a General Assembly. But indeed now this Reviewer giveth occasion to think upon that which he calleth a falsehood, and though the Protestation saith nothing of the same persons being Members of the Assembly at Edinburgh, that were Members at St. Andrews. as he would have the Protestation to speak, yet there is more truth in that, than he is willing to express, for the chief leading men for the Public Resolutions were constituent Members of the Assembly at Edinburgh, and of the grand Committee, and of the Committee appointed for Conference with the Protesters. As to that he saith of their Moderators, not being at the Commission at Perth, it might have been foreborn, and I take no pleasure to remember how instrumental he was otherwise. PROTESTATATION Reviewed. THe third reason is, because of the prelimitation of Elections, by the Acts made at Dundee enjoining Synods and Presbyteries to proceed to censure all who oppose the Public Resolutions, or should not acquiesce to the Acts made at Dundee, and so excludeth all not involved in the course of defection, from Elections, in pursuance whereof, there were sundry prelimitations made since, by several Synods and Presbyteries. For answer, I would inquire with what conscience this Argument is proponed by them, who (for aught I know) are clear against the major, and cannot be ignorant of the vanity or nullity of the minor. Their major must be, no Assembly that is prelimited, can be free. But to pass the judicious considerations thereof in the learned Vindication, sure I am, themselves will never assent to any Assembly in this Kirk, without strange prae-limitations, yea and prae-conclusions too; as they did signify at the Meeting and Conference in May last. And for the Minor, there were prae-limitations here, I pray you what? Such as may nullify an Assembly? No such thing. Is a future Assembly prelimited, because a prior determined the qualification of its Members? Was the Parliament 1649. prelimited and unfree, because the Committee of Estates excluded therefrom, all that sat and voiced in the former? Or the Assembly of Glasgow, because the Tables appointed and laid down away who should be elected thereto, and who not ●● Or all future Assemblies, because that of Glasgow excludeth from them all that shall not take the National Covenant? Whither doth their passion lead them to plead the Episcopal cause? Besides, did not the Letter of the Commission in May last, require of Presbyteries to choose faithsul and honest men? Which whatever some have said, was no sinful pre-limitation. Add, although the Act of Dundee requires Presbyteries and Synods to proceed with the Censures of the Church against them, who after conference opposed the Public Resolutions (not as they say, with a disjunctive, or who shall not aquiesce to the Acts made) yet hath no Presbytery nor Synod that I know, censured any upon that account, or excluded any from voicing in Elections; but rather all Presbyteries did require them thereto. Now, if they might elect, they might also by the same reason be elected; but themselves foreseeing that, in few Presbyteries obtainable; where ever they were, they refused and dissented, being probably themselves prelimited by the order and advice of their Ringleaders. Lastly, it is at best, needlessly added, that there were several limitations since, in several Synods, I believe there will be nothing else found but the same, viz. The assertion of the Constitution of the Assembly of Dundee, which we will not grant, and they cannot prove to be such a pre-limitation, as is destructive of the freedom of an Assembly. PROTESTATION Defended. CErtainly this Reviewer either hath not read and considered the Reasons of the Protesters upon this subject, or otherwise it would seem he is valde perfrictae frontis, that can inquire with what conscience this Argument is propounded. He saith, their major must be, no Assembly that is prelimited, is free, and that they cannot he ignorant of the vanity of the minor: But their Argument is, That no Assembly prelimited in the free Election of Commissioners by secluding and making uncapable those who may, and should be chosen according to the Acts of this Kirk; and by including solely those, who according to the Acts of this Kirk, are uncapable, is a free Assembly: But such was this late pretended Assembly, Ergo. The Protesters never asserted, nor assented unto such prelimitations, and pre-conclusions as this Reviewer speaks of; and he doth well to suppose that there were such prelimitations in their late Assemblies; but he is much to blame that he studyeth to confound prelimitations of the freedom of an Assembly, with due qualifications of its Members, agreeable to the Word of God, to our Covenants, and the Constitutions of this Kirk, as if these were one & the same. If he think that in the Rules of Constitution of the Assembly at Glasgow, or any other Assembly since that time preceding their late Assem. at S. Andrews, there was any other thing required but these due qualifications of Members before mentioned, let him speak out, that his mind may be known; and for their Act and Letter, and Public Papers 1651. and their late Acts at Dundee, excluding all that differ from the Public Resolutions: he will never be able to prove those to be such: he is begging the Question indeed, when he supposeth that Assembly at Dundee to be a free lawful Assembly, determining the qualification of Members. He tells us, that in the Assembly at Glasgow, all were excluded that did not take the National Covenant: But that was no prelimitation of due freedom, it was a requisite qualification. Indeed, if the Assembly at Glasgow had secluded all that did take the Covenant, from being Members of any Assembly, and had appointed, that Assemblies should consist only of such as had opposed the Covenant, and concurred in the course of Defection, as the late Assembly at Dundee hath done in the case of the Public Resolutions; it had been a prelimitation of the freedom of Assemblies, and it had been great unfaithfulness not to have given testimony against the same. It would seem by the Argument, which this Reviewer hath framed, That if the Assembly at Dundee had brought in the Prelates and Service-Book men, to be Members of the Assembly at Edinburgh, he would have sustained it to be a free lawful General Assembly, for saith he (very loosely, without restriction according to the Word of God, Covenants and Constitutions of this Kirk) a prior Assembly determined the qualification of its Members. Surely these who have brought in the Malignant party iisdem viis modis & methodis, may bring in the Prelatical party, and thereafter the Popish party. The Covenant is as expressly against Malignants, as against Prelates and Papists. Both Prelates and Papists can dissemble aswel as the Malignants, and a pretended necessity may be soon found out for seeking their help, and assistance for relief of a distressed Land. The Letter of the Commission in May last, did require the choosing Commissioners to the Assembly, to be done according to the known and ordinary Rules of Election. Now if the Authority of that Commission of the Assembly at Dundee be acknowledged, how can any man conceive that they understand by known and ordinary Rules any other than these which are established by the Assembly at Dundee, from whom they had their Commission, it being a known and ordinary Rule, not to choose such to be Commissioners as were censured by the last Assembly, or whom they appointed Presbyteries to process and censure; and so all that differ from the Public Resolutions must be excluded from Election, which, whatsoever this Reviewer hath said, is a sinful pre-limitation. He granteth, that the Assembly at Dundee did by their Act, require Presbyteries and Synods to proceed with the Censures of the Kirk against them, who after conference oppose the Public Resolutions; but all the Copies which I have seen or heard of, have also this disjunctive, Or who shall not acquiesce to their Acts and Constitutions; but the difference is not great, seeing they well know that such who for conscience sake cannot acquiesce, will, as they are called thereunto by providence, testify their dislike of the Public Resolutions, which in the judgement of men zealous for the Public Resolutions, will be accounted opposition. But, saith he, The Presbyteries have not put these Acts into execution. I desire to know how he will reconcile their principles and practices herein; for if the Assembly at Dundee did right in making these Acts, the Presbyteries do wrong in not executing them; the forbearence of the Presbyteries is either from policy, as was done in their Assembly at St. Andrews, which is well discovered by the Review of the Vindication. Or it is from conscience, because the Presbyteries do think that the dissenters from the Public Resolutions deserve not censure, but are capable of being elected Commissioners, and if so, than the same conscience cannot but tell them that the Acts at Dundee are wrong and unjust. As for the prelimitations in Synods, he saith they were nothing else but an assertion of the Constitution of the Assembly at Dundee. But that Constitution was made up of persons scandalous for defection from the Covenant and Cause, which was never denied in this Kirk to be destructive of the freedom of an Assembly, except at this time, and in former corrupt Assemblies. If it were needful, Acts, Orders, and practices of Twenty General Assemblies can be produced against the admission of such to sit as Members; but that controversy is so well handled in the Review of the Vindication, as it standeth not in need of my Additions. PROTESTATION Reviewed. THe fourth Reason is made up of many Particulars, which we thus particularly reply to. 1. There are many Presbyteries who refuse to send Commssioners to this Meeting, as an Assembly. But there be many unquestioned Assemblies have been made up of fewer Members, as upon the inspection of the Rolls will appear. Neither is a Meeting that hath no determinate Quorum, evacuate or made null, because a Minor part legally warned, cannot, or will not come thereto; as the perpetual practice of Presbyteries, Synods, former Assemblies, and Parliaments showeth. Nor is the number of the Absents here so great; and although it were greater, it is not their simple absence, but unjust exclusion, that rendereth the meeting obnoxious to exception. 2. They say, there are many Presbyteries that do concur in protesting against this Assembly. To which I reply, We have heard of dissents, but not of any Protestation, except this, which they now have given, which if they mean here, as the Protestation is not Presbyterial, so the Reason will be found to have no more of Reason in it, then if they had argued thus; We find ourselves necessitated to protest against this Assembly, because we have protested against it. Or thus; This our Protestation is just and lawful, because we have protested. PROTESTATION Defended. TO the fourth Reason of the Protestation he answereth cunningly. There are divers things put together, which he takes asunder, and answereth severally, making use of a common fallacy, adevisis ad conjuncta. But suppose one of these alone to be (as he allegeth) a defect in an Assembly, which in some cases might be dispensed with, yet that will not hold, if all the five Considerations be taken together, as is done by the General Assembly at Glasgow in the like case. As for his Answer to the first of these Considerations, he granteth, That unjust exclusion rendereth the Meeting obnoxious to exception. And I trust, it is sufficiently proved in the Review of the Vindication and Papers printed therewith, That there is an unjust exclusion, by the Acts made at Dundee, which stand still unrepealed, and in effect acknowledged by the Assembly at Edinburgh: And if the Act at Dundee anent the Constitution of Assemblies be acknowledged to be just and right, then subsequent Assemblies, otherwise constituted, are by the Acts of this Kirk null and void; so that until that Rule of Constitution, made at Dundee, be disclaimed, Whether opposers of Public Resolutions be admitted or not) subsequent Assemblies are still questionable; therefore there was a necessity to protest, or else to give way to a corrupt Constitution of Assemblies hereafter, which is as poison in the fountain, a defect in the cause, an error in the principles and foundation, and hath an universal influence in the streams, effect and superstructure. He affirmeth, that these Presbyteries which refused to send Commissioners, were legally warned: But there can be no legal warning, where there was no Authority to give a warning. He granteth there were dissents; but denieth (in his Answer to the second Consideration) that there were any Protestations made in Presbyteries, but Protestations were only needful in those Presbyteries which refused to put Dissents upon record. To the rest of what he saith there, I say no more, but if he had known that several Presbyteries did send two or three of their number, warranted by Commission, to protest; he might have spared his censure of a supposed tautology. PROTESTATION Reviewed. WHere Presbyteries have sent Commissioners, the Elections are generally controverted, there being Protestations made, at least dissents entered, against most of their Elections, upon good grounds. But here (I think) a special providence hath ruled, that there was no Protestation. In most Presbyteries there were no dissents at all; and all that we heard of, were simply against the Elections, not against the persons elected besides that; they were not prosecute, nor brought in, to be discussed. And a dissent inferreth not by the Act of the Assembly a suspending, let be a repealing of the Act of the Judicatory; Only it maketh the Judges liable to the censure of their Superiors, for what they have done; which if it be amiss, the dissenter is not involved in their guilt or censure; but if not, he is censurable himself. And if it were otherways, we should absurdedly be forced to confess, that every Member of a Judicatory hath a negative voice, which will open a door, whereby every faction may elide all General Assemblies for ever. PROTESTATION Defended. FOr his answer to the third, it is replied, That there were dissents, or otherwise, no Commissioners sent in, more than most part of Presbyteries, as was found upon trial by the Protesters in the very time of that Assembly; Where there was no Election, there needed not a dissent, and where dissents were entered, there needed not Protestation; and if the dissents were against the election, it doth necessarily infer a not election of the persons; and for the prosecution of these dissents, they were timeously objected against in their Assembly at the reading of the Commissions, and an offer made to prosecute them, if according to the constant practice of this Kirk the Commissions should be laid aside until they were tried; but this was rejected, contrary to the known rules acknowledged, even by the Assembly, and the so much cried up Vindication, to wit, that a descent entered in the Presbytery, and timeously proponed in the Assembly, and offered to be prosecuted, should be a ground to lay aside controverted Commissions, until the relevancy of the reasons of dissent be examined, and proof made of what is alleged, sed ubi semel deerratum est in praeceps ruitur. PROTESTATION Reviewed. THere be wanting Commissioners from burgh's, in respect of their present incapacity. We need say no more to this, since themselves answer it, that they are in an incapacity: and suppose they were not, yet have they not a negative voice. Besides that, all were not absent. PROTESTATION Defended. TO his fourth Answer I say, that he knoweth that the Assembly at Glasgow made use of this jointly with other reasons for nullifying the Pretended Assemblies, and their being in an incapacity ought to have carried its own weight for suspending the constituting themselves into an Assembly, especially when so many other things did concur. He saith further, that all were not absent, but all of them that were present for aught I can learn, if they were dualis, yet they were not pluralis numeri. PROTESTATION Reviewed. THe generality of the Godly in the Land go along with us (say they) and approve our protesting against this meeting. A strange assertion, and of dangerous consequence. This Protestation was given in at the very beginning of the Assembly, ere ever it was constitute, and that upon the delay of taking in their first Paper; and is it probable they could gather all their consents in so short a time? Or, had they them before? But that smelleth of a prae-meditate Faction: Or go their resolutions along with whatsoever these Protesters do? But that is not suitable to them that are truly godly, to have their faith pinned to the slieves of any, how high soever they hold their head. Or is it that they will allow none to be of the number of the godly, who go not along with them in every thing? This (I suspect) be the marrow of the matter: But who gave them that power to put out and put in into the Roll of the Godly, whom they please? And as we doubt of their authority so to do, even so also of their power: can they reach the heart, or are they quicker sighted than Elias, who saw not one of the seven thousund God had reserved to himself? Will they condemn all for ungodly, that are not of their way? How suiteth that with their professions elsewhere? I am sure, we have here reason to descent and appeal from such an uncharitable censure of them that have no power, to the righteous Trihunall of the Lord, to whom we stand. There may be somewhat more yet of dangerous consequence in it, in that they seem to subject the Public Ministerial authority to the People; and amongst them, to such only as are visible Saints, where, if there be any mystery, they will do well to unfold it. And now for the solemn words of the Protestation, the grounds and reasons thereof being houghed, we need say no more; but if those Principles from which they say they do it, viz. the Zeal they own to the glory of God, etc. were rightly weighed, they would infer, and have produced the qutte contrary conclusion: Which the Lord out of his tender mercy to this poor bleeding Church and Country, imprint upon their spirits for Christ's cause. AMEN. PROTESTATION Defended. AS for the fifth, that term of the generality of the godly hath been cleared before, and the Argument was used by this Kirk divers times. Likewise if he please he may first quarrel with the General Assembly 1648. for the expression an● argument both. The ground upon which the Protesters have made use of that reason is this; At the meeting in St. Andrews the Protesters delivered in a Representation, notwithstanding whereof, the Meeting did proceed to constitute themselves into an Assembly, and thereafter did approve of the Public Resolutions, and enact severe censures against all Ministers and Professors in the Land that were of a different judgement, which gave an occasion to many Ministers and Professors throughout the Land, timeously to take into their consideration, what should be their duty at the next Meeting which was appointed by that corrupt Assembly at Dundee, and they doing well, approve of the method followed by the Protesters at St. Andrews, thought fit that first a Representation should be given in, desiring these which were to meet, not to proceed to constitute themselves into an Assembly, but to enter into a conference with their Brethren who differed from them in judgement, and eight Propositions were agreed unto after mutual correspondence, and a report made from the several quarters of the Country, which were to be offered as the subject of the Conference; and incase Conference should be denied, and that the Meeting should proceed to constitute themselves into a General Assembly, as they had done formerly, it was thought a necessary duty, that these who were to repair to the place of Meeting should protest against the authority, constitution and acts of that Assembly. Now, in all this, what is there of a premeditated faction? There was indeed a considerable number in all quarters of the Land of such as in former times have been found to be faithful, who perceiving that the edge of Church-Discipline was turned against many of the godly in the Land, and for protecting and countenancing the wicked and profane, that some godly Ministers were already suffering, and that both Ministers & Professors were like to suffer more by the prevailing faction of a corrupt Party in the Ministry, they held it their duty to use all lawful means in their power, to remedy past evils, & to prevent them for the future, by offering their humble advice to that Meeting; and incase of their proceeding in the course of the begun defection, to protest against these corruptions, and this was al●. They are very far from rigid censuring of others, as this writer would have the world to believe, there are many whose judgements are for the Public Resolutions, who will be loath to account all Professors in the Land to be godly, and in their Sermons and otherwise, they do make a difference amongst Professors, as well as the Protesters do, and they also do very well know, that the Protesters do not subject the Ministerial authority to any other, but unto their Master from whom they have their Commission, and to the Officers thereunto appointed in the Church according to Mat. 18. and 1. Cor. 14. yet they do desire to render all due respect to the Saints, so far as they are known unto them, and do acknowledge, that they have so far an interest in these matters, as that they cannot be denied a judgement of discretion; and when they see corruption in government, to supplicat for a redress. And what for a Minister of the Gospel is he, that will not lay more weight upon the judgement of such as live according to godliness, then upon the judgement of such as lead a life directly fight against it? In all which they differ nothing from the received Doctrine and Discipline of this Kirk. He will not find in all the Protesters Paper any thing which may give him ground to think, that these Meetings of Ministers and Professors are looked upon by them as Judicatories; and therefore what needed all these suggestions of Mysteries, and I know not what? But it is a time of reproaches, and we must resolve in the Lord strength to endure the scourge of the tongue, so long as there be so many enemies in the Land to his truth and Cause. And now to conclude, I trust that the grounds and reasons of the Protestation stand unshaken. And sure, for all that the Writer of this Paper hath objected against them, and likewise that ●t was very agreeable to the Principles from which they did it, to protest against the Authority, Constitution, Acts and Proceed of the pretended Assembly which lately did meet at Edinburgh. READER, IT is left to thine own discretion to correct faults in the Punctation, and other escapes, which the sense may discover. Besides those, take notice, That Pag 6. line 25 these words were left out, many able and godly Ministers and Elders from being Church-Officers so likewise Pag 31. line 5. for, yea they were admitted, read, a●d afterward th●y were admitted. P. 34. ●. 8. f. and that solidity and judgement and nerv●s are in it 〈◊〉 as to the vindicating, etc. r. and what solidity and judgement and nerve● are in●t. as to the vindicating, etc. P 47. l. 14. f. and Acts and censures. 〈◊〉. and made Act and censures. P. 60. l. 6. after the Parenthesis, deal &. P. ●5 l 2. f. ground and expression, r. ground and manner of expression. P. 78. & 79. the figures are misplaced, 1. for 2. and 2. for 3. etc. and the punctuations is bad, as in some other places P. 79. l 21, f. could only r commonly. P. 103. l. 13. after Assembly, r. at S. Aud●ews These faults have been observed upon a superficial reading, but very like there may be more, which the Courteous Reader will pardon. FINIS. REader, for thy better information anent this debate, and likewise anent the Union which hath been endeavoured by the Protesters since the late P. Assembly, it is thought fit to subjoin the following Papers that passed he wixt the P. Commission, and some of these who protested against the last P. Assemblies. TO THE RIGHT REVEREND THE MINISTERS and ELDERS Met at Edinburgh the 24. of Novemb. 1652. WHereas we have not only been patients and defenders in the differences that have lately arisen in this Church, but willing and ready to embrace all opportunities for removing them: And for that end upon an Overture made to us the last Winter, have since that time forborn to act authoritatively, and in the capacity of Commissioners from the General Assembly 1650. (which delegation we conceive to be still in force, until the next lawful free General Assembly) And notwithstanding grounds were given to us when that Overture was made to expect to like from you; Yet ye did assume to yourselves that authority, and acted accordingly; which hath very much heightened our differences. And forasmuch as at the late Meeting of our Brethren in Edinburgh upon the _____ day of July last; We did earnestly desire that they would forbear to constitute themselves into a General Assembly, (which had they been pleased to grant, might through the Lord's blessing have proved an effectual means of peace) So now we being met together, and understanding that you are to meet upon the _____ of this instant: And we being still desirous of peace and of an union with our Brethren in the Lord, and to entertain with all due respect, the endeavours of some godly and reverend Brethren for this effect. We do earnestly beseech you by the love you bear to the peace of this Church, and by your desires to heal the breaches thereof, that you will presently declare, that you will forbear all acting as Commissioners of a General Assembly, so long as endeavours and conferences for Union shall continue (as upon your condescendence we hereby do declare the like concerning the Commission of the Gen. Assembly 1650) And that you will presently interpose with others of your judgement in the respective Synods and Presbyteries, not only that supposed censures may be looked on and accounted as no censures, But that they do not proceed to put in execution any of the Acts of the late Meetings at Dundee and Edinburgh, against Ministers, Elder, Professors, and Expectants; or to do any other thing not already determined by uncontraverted Assemblies; which we are confident shall be the practice of Synods and Presbyteries that are of out judgement. If the Lord shall convince and incline your hearts to this motion, whereby we may be in a fit capacity to confer tog therefore removing our difference; In that cast our opinion is, that by mutual consent, some time may be appointed for our seeking the Lords face, for the further knowledge of his controversy with us, and for our direction in the way of Union in him, that we may in love and soberness of spirit speak of these things which may conduce for the healing of our breach; than which, nothing is more sincerely and seriously desired by us. But if this motion may not be harkened to, and there be a proceeding in these things which are so grievous to us, and burdensome to the consciences of many of the Lords People and Ministers, we cannot forber to warn you, that we shall be constrained to vindicat ourselves and others from such usurpation and persecution by the use of all lawful and possible means for our own defence, and for preservation of the truth & liberties of this Church. Subscribed in the name of the Ministers, Elders and Professors met at Edinburgh the 11. of Novem. 1652. By Sic subscribitur SAM●EL RUTHERFURD. Edinburgh 26. November, 1652. post meridiem, Session 5. THe Commission of the General Assembly having received upon the 14 of this instant a Paper presented to them by my Lord Wariston, Mr. R●bert Trail, Mr. John Sinclar and George Dundasse of Duddingsteun, and subscribed by Mr. Samuel Retherford, in the name of some Ministers, Elders, and Professors met at Edinburgh upon the 11. of November, and having taken the same into serious consideration, do return this Answer thereunto. Although we being unwilling to enter upon any debate or inquiry who have been the Agents in raising, continuing, and heightening the late● differences in this Church (being more desirous to have these differences and distractions that have followed thereupon removed, and the memory thereof buried) yet we may say that our brethren's vigorous activity therein all along hath been conspicuous enough to all who have been looking upon the matter. And as we will not question the willingness and readiness of our Brethren to embrace opportunities for removing these differences, nor whether for that end they did forbear the last year to Act Authoritatively, and in the capacity of Commissioners from the General Assembly 1650. (which power they had assumed to themselves, it being expired and extinct by the Meeting of the Assembly 1651. by virtue of the indiction of the Assembly 1650) and that upon such an Overture made to them as they mention (which yet seemeth to us not to be well consistent with their Answer given by them upon the _____ day of _____ 1651 to the Paper presented to them from the Provincial Assembly of Lothian) so we remember well that the Commissioners of the Assembly 1651 though having no lawful call and Authority, did notwithstanding from that time mentioned by our Brethren for preventing the heightening of differences, not only forbear acting any thing in that capacity, but even abstain from so much as meeting to adjourn, until the time of the General Assembly near approaching, they behoved to meet in that capacity, for determining the place of that Assembly ensuing, which had been left in the indiction under the uncertainty of an alternative, by reason of the times, which was the only thing they acted, and could not in reason be accounted a cause of heightening the differences. Further as the Commissioners of Presbyteries met in Edinburgh in July last could not hearken to our Brethren, desiring them not to Constitute themselves into a General Assembly without unfaithfulness in the trust committed to them (they being Commissionated to that very purpose) and without apparent and inevitable danger of present losing the liberty of the Public Judicatories and Government of this Church, especially considering the posture of Civil affairs in the time: So we see not how the forbearing thereof could have been a means of a right peace; we still conceive, as hath been constantly held in this Church, that a lawful General Assembly, such as that was, is the most Sovereign means under God to heal any ruptures and distractions that are in the Church: like as we find that it was the endeavour of the said Assembly to the outmost of their power to compose the present differences, and unite the distracted Members of this Church, and accordingly did condescend upon such Overtures as they possibly could perceive to be most conducible to this end. Albeit we cannot but signify our just grief at the unjust reflections and aspersions cast upon us and other preceding Public Judicatories of the Church, partly indirectly, partly directly in the narrative of this Pap●r, and conceive it had been more suitable to the Profession of so earnest desires of Peace and Union expressed therein to have foreborn them, yet not doubting of the reality of the desires themselves, we do hearty entertain those with all due respects And being for our part most de●ireous of Union with our Brethren in the Lord, we are willing to condescend so far as possibly we can in the trust committed to us, and with a good conscience by any means to attain that end: And therefore do declare, that we shall not at this Meeting, nor hereafter before the third Wednesday of February Act any at all in prosecution of any Censure against our Brethren which are already pronounced, or which may be incurred by them by virtue of any acts of the two last Gen. Assemblies at Dundee and Edinburgh, relating to the late differences: And although as to the execution of the Act of the late Assembly for regulating the Admission of Elders to Vote in Presbyteries and Synods, and of Expectants to their trials for the Ministry; we must leave these Judicatories to that discretion and prudence that the exigence of their several conditions requires, yet we shall interpose with the respective Presbyteries and Synods, that they may during the space abovementioned sister, and not proceed further in any of the fo●esaid censures: And that we are content and willing that betwixt and the day foresaid there be a Meeting at a time to be appointed, before our parting hence, between some of us and some of our dissenting Brethren in such a number and such a way as shall be most convenient, considering the case of the time, for holding forth to them so far as we can, and the Lord shall assist us, light in the matter of their differences from the Public Judicatories, and for searching into further knowledge of the Lords controversy with us, and speaking in love and soberness of Spirit in such other things as may conduce for healing our breach. And it shall be matter of our earnest desires and Prayers to the God of Peace (as we doubt not but it will also be in our Brethren, if they embrace this way) that he may be graciously pleased so to bless these endeavours, that the issue may be a clearing of His ways to us all, an healing of our wounds, and an uniting of us in himself to serve him with one consent, in doing or suffering jointly for His Cause and Honour, whatsoever shall be his holy will. As for that Certification in the close of the Paper, as we conceive that it might been well spared, so we shall say no more to it but thi●, That we are confident that this Commission and the other late Public Judicatories, having a calling and being constitute according to the order of God, and constitutions of this Kirk, are very far from usurpation; and that both the by past carriage of the respective Judicatories Public and Private doth clear them, and our carriage shall clear us before God and the World from that grievous aspersion of persecution, the uncharitableness and injustice whereof we hearty pardon, and pray the Lord to pardon in our Brethren. I: MAKGHIE. Edinburgh 27. November 1652. Antemeridiem, Sess. 6. THe Commission of the Gen Assembly hath appointed, Master's Ro● Blair, James Wood, Davin Forrest, Andrew Honniman, James Sharp, and the Moderator Mr. David Dickson, incase the convenieney of his health and affairs can permit, to Meet at St. Andrews the first Wednesday of Jannary next; and there to attend such of our dissenting Brethren as shall come to them, and to confer with them upon the particulars expressed in the Answer to their Paper. JO. MAKGHIE. Edinburgh 27. November 1653. WHereas our earnest Desire and Overture for fisting the present Differences to make way for an Union, hath been met on your part with no small heightening of the Differences, by your Actings in matters controverted, betwixt the time of our giving in an Overture and your giving answer to it, and by your refusing all and every one of our just desires and asserting the authority and Acts of the late pretended Assemblies and Commissions thereof, and by your declaring the unpossibility of any further condescendance on your part for Union, then hath been already held forth in the Acts and Overtures of the late pretended Assembly at Edinburgh: And you having also dissolved your Meeting before the return of an Answer to us, or hearing what we had to say to you in reference to your Answer and to the authoritative appointment subjoined thereunto; We are necessitated to Declare unto you that we are not instructed to call any Meeting for Conference with you in this case of so unsatisfactory an Answer: And that we are free of any concessions conditionally offered on ourpart. Subscribed in the Name of those who were appointed by the Meeting of Ministers, Elders, and Professors to present the Overtures, and receive the Answer. Sic sub. Mr. ROBERT TRAIL. OBSERVATIONS upon the Answer of the Commission of the pretended Assembly, to the Overture of the Brethren who descent from the Public Resolutions: As likewise upon their Letter to PRESBYTERIES. IT is to be observed, that the scope of the Overture made by the Protesters, is, That all claims to power and authority from the controverted Assemblies at Dundee and Edinburgh upon the one hand, and all controverted power, as derived from the General Assembly 1650. on the other hand, being laid aside during endeavours for union; as likewise all Censures, or Acts enjoining Censures for the late differences since the said Assembly 1650. at which time this Kirk was of one judgement, and all Papers against these controverted Assemblies not yet published, being also for that time suppressed, There should be a friendly Conference agreed on by mutual consent, for searching into the Lord's Controversy against the Land, and for removing our differences. The Brethren who stand for the Public Resolutions are so far from ways of peace, as they refuse all conference, except they Treat and conser as the lawful Representative of this Kirk, and be clothed with their Commission and Authority; and therefore their Answer to the Overture is returned in the Name, and by the Authority of a Commission of the Kirk, and a Committee is by Act of the pretended Commission, appointed for that purpose, viz. Their Moderator and some Brethren of the Presbytery of St. Andrews. 2. In that Act the said Committee is limited in their conference to the particulars expressed in the Answer to the Overture. 3. The Answer to the Overture, not only refuseth all things demanded by the Protesters, as previous and preparatory to a Conference, but also maketh the end of the Conference (which was modestly and fairly expressed for both in our Overture) to be, to hold forth light to the Protesters in the matter of difference from the Public Judicatories, and (as the Letter to Presbyteries expressy beareth) that the dissenters from the Public Resolutions may be brought up to unite with the Public Endeavours of this Kirk, and so the state of the difference betwixt them and us, is now again (upon what considerations, or expectations I shall not descant) made as wide as it was before, when all the Malignant party was in Ar●●● to protect them therein. 4. The Answer asserts and justifies, not only the Calling and Constitution, but all the Acts and Proceed of the late pretended Assembly and their Commissions, and condemneth all Testimonies against the Public Resolutions, and the said pretended Judicatories. The said Answer declareth, That no Agreement is to be expected upon other terms then the late pretended Assembly at Edinburgh did propose; for the Answer doth affirm that they have found that the said Assembly hath endeavoured to the utmost of their power to compose the present differences, and did condescend upon such Overtures as possibly they could perceive most conducible to that end. Now, these Overtures, by them mentioned, do require an express passing from all our former Testimonies, and that in time coming we shall never give any Testimony against the Public Resolutions, and other late corruptions and novations brought into the Church, for it is required to be set under our hands, That we shall not hold up debates by preaching, writing, or otherwise, for any thing which doth concern the late differences that hath arisen in this Church: So that we may not give Testimony or declare our Judgements in any case, but must either be altogether silent in these things, or else conform our language to the judgement of the pretended Assembly, and if any Minister or Elder cannot in conscience comply with these Overtures, though they be men eminent for gifts and graces, and have been very useful and profitable servants in the Lords Vinyard, and differ in nothing in judgement with their Brethren in the Confession of Faith, Directory for Worship and Government, yet they must be cast forth as unsavoury salt, because they cannot agree to a Novation which never was heard of before in this Church, and which themselves in their Vindication grant to be indeterminati juris. The same severity is enacted against expectants to the Ministry, and they must be debarred for this sole cause, though they were never so well qualified. If this be not Usurpation and Tyranny, the Prelates are very excusable for their carriage. 6. Observe how their Answer to us, and Letter to the Presbyteries is stufled with carnal policy, and very far from that simplicity and candour which becometh Ministers of the Gospel. They say, they are desirous to have the memory of our differences and distractions buried, yet with the same breath they give out sentence, That we have not only been agents, but active agents, and vigorously active; and affirm this to be conspicuous, not only to some, but to all who have been looking on the matter. But were it so, what need was there to tell it? If they would have these things buried, why did they assemble so frequently this Summer, to dig them out of their grave? Were it not greater ingenuity to tell the truth (as some of their number do) that these Public Resolutions must stand as the Authority and Warrant for the Body of the People, to rise all in Arms (without making distinction of Friends and Enemies to the Lord his Work and People) and associate among themselves, and with Foreigners, when they shall land with the King. They say, they will not question, whether we did from a desire of removing differences, forbear to act in the capacity of Commissioners from the General Assembly 1650. yet in the very next words they do expressly question it, and say, It seemeth not to consist well with our Answer to the Synod of Lothian. This is but a seeming inconsistency grounded on a real mistake; for the Overture mentioned by us, is not the same with that, proposed by the Synod of Lothian, neither for the Matter, Persons, Propounders, or the time of making thereof: It was a more equal Overture then that from the Brethren of Lothian, for it did not condemn the Authority of the Commission 1650. more than that of 1651. as that from Lathian did; and it was propounded at a Conference with some of the Brethren of the Presbytery of St. Andrews, and that divers months after the Overture made by the Brethren in Lothian: If our Brethren had been well advised they had spared this reflection. They say, they abstained from meeting so much as to adjourn the Commission, and that to prevent the heightening of differences till the time of the Assembly did approach that they behoved to meet. I will not say, as our Brethren do, That I will not question if it was for that end they did abstain, and then follow it with a contradiction; I do plainly and ingenuously profess, That I think it was another reason which made them abstain: It was a clear case to all who conversed with them at that time, That fear of interruption by the English, and drawing prejudices on their persons, made them abstain, until the Malignant party (their penitents and correspondents) began to have power and favour, and procured some underhand assurances for their security. And it may be well remembered, that their Meeting at that time in May, before their Assembly, was coloured with specious pretences, of using endeavours for union with the Dissenters from the Public Resolutions; yet here they plainly tell us, that the express end was, To determine the place of the ensuing Assembly; to which I do readily give credit: for they slighted the sending advertisement to us, and would not delay one fourthight at the earnest desire of some few of our number, that were present at that Meeting. They say, they could not delay to constitute themselves into a General Assembly without unfaithfulness, notwithstanding they know that it was agreeable unto the practice of divers Gen-Assemblies, to adjourn without constitution, and no prejudice at all to their Liberties, as was represented to them at the same time. They say, that it hath been constantly holden in this Church, That a lawful General Assembly (such as this was) is the most soveragin mean to heal ruptures & distractions in the Church. If they take out these words [such as this was] which they have foisted in to destroy the Text, their own consciences will bear witness to us, that we are of the same judgement: But to say, That a pretended Assembly, made up of such as have brought in Novations and carried on a course of Defection, & continuing therein without Repentance, is a Sovereign mean to heal ruptures and distractions, is so far contrary to all reason and experience, as it hath proved to be a main cause of the evils and troubles of this Church, as is declared by the General Assembly 1639. in their Act of the 17 of _____ They do without cause, resent, That the Narrative of our Overture doth cast upon them reflections and aspersions, and yet all along their Answer they make it their study under the covert of Albeits, Althoughs, and Parentheses to abuse us with Calumnies. They declare, That they shall not at this Meeting, nor hereafter, until the third Wednesday of February. Act in prosecution of Censures already pronounced, or which may be incurred by their Brethren; and that they will interpose with Synods and Presbytery for the like. But what Sophistry is there here to delude the wo●l●, o● rather to mock their Brethren? For first, They act what they had a mind to act, in reference to matters in difference; and then after their Meeting is dissolved, and no sooner, they declare to us they will act no more at that Meeting, nor hereafter, till the third Wednesday of Febr. and that is the time of their next Quarterly-Meeting. 2ly, This seeming forbearence to act during that time, is not general, but limited to the matter of censures, 3ly, That's clogged with another limitation, for say they, We must leave Synods & Presbyteries to that prudence and discretion which the exigence of their condition shall require, for putting in execution the Acts for debarring Elders from Voting in these Judicatories, and Expectants from the Ministry, which themselves the last year did account to be no small Censure, in the debarring Malignants from trust; but how much more in this case, which hath great influence to corrupt the Ministry and Judicatories. 4ly, Their expressions which they chose in their Letter to the Presbyteries and Synods, are such, as do rather incite to Censures, then prohibit; for they insinuate a dislike of their former moderation in Censures, which (they say) is well known to them, and to all men. 5ly, They well knew by the Conference which we had with them in July last, that it was not their Censures we feared, or much valued, but that we desired that both of us might be in the account of either in a fit capacity to confer together, and not they looking on us as Delinquents at the bar, and themselves as our Judges; otherwise we see not to what good purpose we should meet. 6ly, The time, place, way, and number of Persons (which indeed is least of all) ought to have been ageeed upon by mutual consent; yet even in these smaller matters they must keep a state and authoritatively enjoin all, without the giving us the least intimation of their Resolutions, till they were risen and the Meeting was adjourned. In the close of their Paper they would fain vindicate themselves from persecution, but they would consider, that justified defection endeth ever in persecution of the witnesses against it. Some, who at the beginning of this Defection, abhorred the very supposition of troubling any godly Brethren who differred from them in judgement, within some months were perceived to make no great scruple to help forward the persecution: others, who called it a persecution the last year, to debar Malignants from Civil and Military Trust, will have it this year no persecution to debar godly and faithful Elders, from Trust in the Kirk; and able, gracious and well qualified Expectants, from the Ministry: Conjunction with God's Enemies, is always attended with persecution of his Friends; and experience may teach us, that large Charity to Malignants will dry up much former love to God's People. Man's heart is deceitful above all things. I say no more, but I desire hearty to pray the Lord, to forgive them the deed and thing, who storm so grievously to be told of the name of persecution. FINIS. OBSERVATIONS Upon the Chief Acts of the two late P. Assemblies at St. ANDREWS and DUNDEE, the Year of God 1651, and 1652. Together with the Reasons why the Ministers, Elders and Professors, who protested against the said Pretended Assemblies, and the Pretended Assembly at Edinburgh, cannot agree to the Overtures made to them at the Conference upon the 28. and 29. days of July 1652. As also the Instructions given by them to such of their Number as were sent to the said Conference. And the Letter directed to Mr. David Dickson for communicating their PAPERS. Whereunto is subjoined the Propositions which were offered to the Meeting of Ministers and others appointed to be keeped at Edinburgh July 21. 1652. Printed in the Year 1653. OBSERVATIONS Upon the Chief Acts of the Two late P. Assemblies at S. Andrews and Dundee, the Year of God 1651. and 1652. Act at Dundee, approving the Proceed of the Commission of the former Assembly, July 24. 1651. Postmeridiem. THe General Assembly having considered the report of the Committee appointed for revising the Proceed of the Commission of the preceding Assembly; a and having also heard the doubts and objections of divers Brethren, against their Acts and resolutions abovementioned, after due examination, long and much debate and mature deliberation, b The Assembly finds the Zeal, diligence, wisdom and faithfulness of the said Commissioners in the discharge of the trust committed unto them, very great, and in the manifold difficulties of this last years great and dangerous occasions, their watchfulness and labours to have been very singular and more than ordinary: And therefore do approve their Acts and Proceed, c especially their sense of the Western Remonstrance, Perth Novemb. 28, their Answer to the Parliaments Quaere, anent the more general calling forth of the People, Perth Decemb. 13. their Solemn Warning, Perth Jan. 6, their Answer to the Letter of the Ministers of the Presbytery of Stirling, Perth Jan. 6. their Answers to the Letters from other Brethren and Presbyteries in relation to Public Resolutions; their Answer to his Majesty, and Committee of Estates Letter anent the Protestation of the Ministers of Stirling, Perth March 18; their Act concerning the opposers of Public Resolutions, and Letter to Presbyteries thereupon; their Answer to the Quaere anent the Acts of Classes. d And in these and the rest of their proceed, do judge them to deserve high commendation. e Only the Assembly having considered their Act and Declaration of August 13, 1650. at the West Kirk, finding that some have already made ill use of the same: And to the end that it may not hereafter be to any a ground of unwarrantable proceeding in reference to the King's Majesty, or any of his Successors, Declare, that the said Act and Declaration shall not in any time coming be interpreted to have any other meaning, then that the King's Interest is not to be owned but in subordination to God, the Kirk being ever willing, as their duty is, to own and maintain in their station, his Majesty's Interest in that subordination, according to the Covenants. And the Assembly Ordains Master Robert Bailyie Moderator pro tempore, to return to their said Brethren hearty thanks in the name of the Assembly, for their great pains, travel and fidelity. Sic subscribitur A. KER. Observations upon the same Act. A. THere was neither such-fair hearing allowed, nor such due examination used, nor such mature deliberation taken as was requisite in such a case, anent which such a multitude of godly Ministers, Elders and Professors in the Land had so great dissatisfaction in their consciences; For, 1. Albeit the most material and important of these proceed of the Commission (to wit, their answers and resolutions about employing such as were formerly excluded) were of things which the Authors thereof acknowledge not to have been determined by any of the former Assemblies of this Kirk, as is granted in the Vindication of that Assembly; yea, of things which to their knowledge were in the judgement of many gracious ones in the Land, contrary to many Acts, Warnings, and Declarations of former Assemblies, and to the Covenant, and the Word of God, yet as the Commission had at first determined the same in a very thin meeting at Perth, not only before communicating the same to Presbyteries, and hearing their judgement there-anent; but the greatest part of their number being absent, and many of them not being at all advertised; so did that Assembly at Dundee go on very suddenly, notwithstanding that a delay was most earnestly desired at S. Andrews where they first met, and that it be expressly provided by an Act of the Assembly 1639, That no Novation which may disturb the Peace of the Church, and make division, be suddenly propounded and enacted; but so, as the motion be first communicated to the several Synods, Presbyteries and Kirks, that the matter may be approved by all at home, and Commissioners may come well prepared, unanimously to conclude a solid deliberation upon these points in the General Assembly. 2. Albeit many things were offered unto them, both from the Scriptures and Reason, and from many Acts of former Assemblies against the proceed of the Commission, and the approving thereof; the reading of a part whereof, to wit, Sir Archibald Johnstoun of Waristoun their own Clerk his Letter, was much pressed at several Diets by many of their own number, yet were not these things heard, nor taken in consideration, nor could the reading of that Letter be obtained, notwithstanding that it was once publicly promised by the Moderator. B. Would to God their wisdom and faithfulness in the discharge of their trust had been such as might justly deserve such a commendation; but we fear that upon examination, it shall be found not to have been so: 1. Because they did not keep themselves within the bounds of their trust, which was to treat and determine in the matters referred unto them, as their Commission expressly bears; but it was not referred unto them to determine Cases not formerly determined by any Assembly of this Church, there is no such clause in their Commission; yet did they determine a very grave Case, to wit, the employing of these who were formerly excluded, which by the chief Authors of that determination, is acknowledged to have been indeterminati juris, a fault that was the greater, because it is provided by the Acts of the General Assembly 1641, That since it hath pleased God to vouchsafe us the liberty of yearly General Assemblies, that no novation in Doctrine, Worship or Government, be brought in or practised in this Kirk, unless it be first propounded, examined and allowed in the General Assembly. 2. Because they did not only go beyond their trust, but walk contrary unto their trust, great part of their trust was, to preserve the established Doctrine, Discipline, Worship and Government of this Kirk, against all who should endeavour to bring in any contrary thereunto, to censure Complyers and persons disaffected to the Covenant, according to the Acts of the Assembly, and to protest against all encroachments upon the Liberties of the Kirk; in all which three they failed: 1. In the matter of preserving the Doctrine, not only because they taught and allowed, that Malignants being Subjects, might be employed and entrusted for defence of the Cause and Kingdom, as appears at length in their Warning of the date January _____ 1651. and in their Answer to the Letter of the Presbytery of Stirling at the same Diet, notwithstanding that the contrary had been constantly taught and holden by this Kirk these years past, but also were instrumental unto the actual employing and intrusting of these men, which as to man could not but prove destructive to the Doctrine, Worship, Discipline and Government of this Kirk. 2. In the matter of censuring Complyers and Persons dis-affected to the Covenant, according to the Acts of the Assembly, because they did not only allow persons who were not of constant integrity and affection to the Cause, and of a blameless and Christian conversation to be employed and entrusted, which was contrary to our Solemn Engagement, but also because they take off Censures which had been formerly inflicted upon many dis-affected persons, who had not in their ordinary conversation, given real testimony of their dislike of the late unlawful Engagement, and of the courses and ways of Malignants, and of their sorrow for accession to the same, and to live soberly, righteously and godly, notwithstanding that this was expressly provided by the Act of the General Assembly 1649. and did ordain Presbyteries to censure all such Ministers within their bounds as did oppose or bear testimony against these their proceed. 3. In the matter of protesting against encroachments upon the Liberties of the Kirk, because when some Ministers were confined at Perth by the Civil Magistrate for their doctrine, before they were cited or sentenced by any of the Judicatories for the same, they were so far from protesting against this, that as they were silent when these Ministers were first cited, notwithstanding that the Letter of citation was communicated unto them by the Committee of Estates; so by a Public Paper given in to the Parliament, they did condemn the Protestation of these Ministers against that citation and confinement, which Paper is especially approven in this Act. C. It is not our purpose to fall upon the particulars which are said to be especially approven here; but by the word especially, and by the particulars which are here mentioned, it is evident that the spirit which ruled in the Assembly at Dundee, was zealous above measure for the Public Resolutions, most of all the Proceed of the Commission that relate thereunto, or to the opposers thereof, or any Testimony given against the same, being particularly mentioned, and especially without leaving out, much less excepting so much as their Act concerning the opposers of Public Resolutions, and Letter to Presbyteries thereupon, by which all of them were appointed to be cited as persons guilty to the Assembly, and so were excluded from having any hand to treat or vote therein in any thing concerning the Public Resolutions, which beside the injury done to the persons, was to prae-limit the Assembly, and to make it up of such only as did approve of their Proceed. D. The generality of Malignant and dis-affected persons in the Land, who have been enemies to Reformation and godliness, do join in this high testimony, and cry-up these proceed and the Authors thereof, as deserving high commendation, but most of the godly of the Land refuse to put to their seal thereto, and make these proceed the matter of their mourning, begging pardon and repentance unto the Authors thereof. E. This is another evidence, what spirit led that Assembly, as every thing must be cried up that made for strengthening of the Public resolutions, so every thing must be cryed-down that made for weakening thereof; yea, that very Declaration which before Dumbar was unanimously condescended upon and approven both by the Commission of the Kirk and the Committee of Estates, for holding forth the true state of the quarrel upon which the Kingdom then fought, and for shutting out every Malignant party, or quarrel, or interest. 1. By insinuating that it hath already been to some a ground of unwarrantable proceeding in these words of their Act: To the end it may not hereafter be to any a ground of unwarrantable proceeding in reference to the King's Majesty, or any of his Successors. 2. They take only one clause of the whole Declaration, to wit, that the King's Interest is not to be owned but in subordination to God, leaving wholly out another material part thereof, to wit, and so far as he owns and prosecutes the Cause of God, and disclaims his and his father's opposition to the Work of God, and to the Covenant, and likewise all the enemies thereof; which is again repeated thus in the close of that Declaration, and that they will with convenient speed take in consideration the Papers lately sent unto them, and vindicate themselves from all the falsehoods contained therein, especially in those things wherein the quarrel betwixt us and that party is mis-stated, as if we owned the late Kings proceed and were resolved to prosecute and maintain his present Majesty's Interest, before and without acknowledgement of the sins of his House and former ways, and satisfaction to God's People in both Kingdoms. The omitting of which Clauses doth so far as I can discern either from the Assemblies own words, or from the judgements and expressions of these who had chief hand therein, or from comparing things with things, indeed import an altering of the state of the question, and brings it to that which was so much pleaded for by the opposers of Reformation from the very beginning of our differences with the King's father, especially by some of the Authors of the cross Petition in 1643. and of the unlawful Engagement in the year 1648. to wit, that though the King did not disclaim his former opposition to the Work of God and to the Covenant, and likewise all the enemies thereof, and own and prosecute the Cause of God, yet we ought to own his Kingly Interest, by admitting him to the exercise of his Royal Power, and obeying him in all things lawful, which how far it reacheth, as to the casting lose, and condemning of the former proceed of this Church and Kingdom with the King and his Father, and making a new state of the question, hath been often heretofore shown by this Church, and cannot but be obvious to every intelligent man. Two Acts of the Assembly at Dundee, and one Act of the Assembly at Edinburgh, which relates unto censures. DUNDEE Julii 31. 1651. antemer. Sess. 19 Act for censuring of those who do not acknowledge this present Assembly, and do not acquiesce to the Acts thereof, etc. THe General Assembly considering that all persons who protest against, and decline the authority of the General Assembly, are censurable by the Acts and Constitutions of this Kirk, with the highest censures thereof, and that by the Act of the solemn General Assembly of Glasgow, 20. Decemb. 1638. Sess. 26. Presbyteries and Provincials are ordained to cite and censure all such as would not acknowledge the said Assembly. And the Assembly being very sensible of the prejudice this Kirk may suffer in her Liberties and Privileges, by the beginnings of such practices (if they be not timeously prevented and restrained) Therefore according to the practice and example of the said Assembly, They ordain Presbyteries and Provincial Assemblies, to call before them all persons that do not acknowledge this present Assembly, and to censure them according to the degree of their contempt and obstinacy to the Acts of this Kirk: And the Assembly having also considered that by the aforementioned Act of the Assembly of Glasgow; and another Act of the said Assembly, Decemb. 18. Sess. 24. Presbyteries are ordained to proceed against these that do not acquiesce to the Acts of the said Assembly, and that refuse themselves, or draw others from the obedience of the Act of the General Assembly, in manner mentioned in the said Act. Therefore do ratify and approve the said Acts, and declare, that they are to be extended against Ministers censured by this Assembly, and all those that oppose the Public Resolutions thereof. Ordaining also Presbyteries and Provincial Assemblies, To call before them all persons that shall not acquiesce to the Acts and Constitutions of this present Assembly, and to deal with them by conference for their satisfaction. And if in their conference with them they shall still oppose the Acts and Conclusions of this Assembly, That they censure them according to the degree of their offence and obstinacy to the Acts of this Assembly. And where Presbyteries are negligent or wanting herein, the Assembly appoints the Commission appointed for Public Affairs, to proceed against the said offenders respective and to censure them in manner abovespecified, giving unto them full power for that effect. Eodem die at Dundee Ses. 19 antemerid. Act against Expectants who oppose the Public Resolutions. THe General Assembly understanding the scandal and prejudice of practices and carriage of some Expectants and students, attenders of families, for performance of religious duties by their private or public opposing Public Resolutions; For removing whereof, they do extend the Act of the Assembly 1640. Sess. 10. against expectants, refusing to subscribe the Covenant and the censure therein specified, against all expectants, students in Divinity, and attenders upon families for religious duties, that shall not acknowledge the General Assemblies of this Kirk, and this present General Assembly, and that shall not acquiesce to the Acts and Constitutions thereof; and do ordain them to be removed from Bursaries, and to be discharged from public preaching and catechising in Congregations and families, and from all other privileges and liberties allowed to expectants; appointing Presbyteries and Provincials to proceed against them accordingly. Edinburgh 3. Aug. 1652. antemer. Sess 19 Act concerning admitting Expectants to their trials, and Ruling Elders to act in Presbyteries and Synods. THe General Assembly having out of their earnest desire of the Peace and Unity of this Kirk, condescended upon an Overture of Peace, and not only propounded it to some Brethren who were here, opposite to the Public Judicatories of this Kirk, But also in pursuance of that end, Ordained the said Overture to be presented and offered by the several Presbyteries or Synods, to all in their respective bounds, who have Protested against, and Declined, or consented or adhered unto the Protestations and Declinatours made against this and the preceding General Assembly, and the conditions therein contained, to be required of them; And considering the great prejudice like to arise to this Kirk, by increasing of our unhappy Differences and Distractions, if young men shall be admitted into the Ministry, which shall still blow the fire of contention, and continue in avowed opposition to, and contempt of the Public Judicatories, Therefore Ordains Presbyteries to take special care, that upon the calling of any Expectant to a particular charge of the Ministry, before they admit him to his trials, they require him under his hand, to pass from the Protestations and Declinatours against this, and the preceding General Assembly, if he hath been accessary to the same, and to promise and give assurance, that he shall abstain from holding up Debates and Controversies, about matters of Differences in this Kirk, since the Assembly 1650, in Preaching, Writing, or other ways. Upon the performance whereof, the Presbytery shall proceed to his trials; if not, in that case, the Presbytery shall foebear to proceed until the next General Assembly, leaving liberty to the Presbytery and Congregation for planting of the place otherwise. And the Assembly Ordains and requires, that Presbyteries be not sudden to lay by such young men as at first refuses or scruples to perform these conditions mentioned, but that pains be taken upon them to convince them of the reasonableness thereof, and to persuade them to embrace them, and to give them a competent time for that effect. Likeas the Assembly considering the prejudice of Elders coming to Presbyteries for strengthening a faction in opposition to the Public Judicatories, Ordains, that Presbyteries shall require the same things fore mentioned of every Ruling. Elder that comes to sit and act in Presbyteries; and in case of his refusal, shall not admit him to act as an Elder in the Presbytery, but require the Kirk Session from which he is sent, to make choice of, and send another, who for the Peace of this Church, shall agree to perform the conditions required. THese three Acts I have put together, because they are much of the fame or like nature, that is, such as ordain censures upon these who do not acknowledge the authority of that Assembly at Dundee, or who shall not acquiesce to the Acts and Constitutions thereof, or who shall not pass from the Protestations against these two pretended Assemblies at Dundee and Edinburgh; and I offer unto the Reader these animadversions upon them: 1. That in the first Act at Dundee, the Act of the Assembly at Glasgow 20. Decemb, 1638. Sess. 26. is not faithfully made use of, but by leaving out of some words, is stretched beyond the sense and meaning thereof, The words of that Act Decemb. 20. 1638 are, that all such as are scandalous and malicious, and will not acknowledge nor acquiesce unto the Acts thereof, be censured according to their malice and contempt. But at Dundee these words, scandalous and malicious are left out, and the censure is extended to all persons that do not acknowledge that Assembly, how blameless or holy soever they be in their carriage, or how tender or sober soever they be in not acknowledging the same. 2. Whereas the Act of Glasgow 1638. Decemb. 18. Sess. 24. Ordains Presbyteries to proceed with the censures of the Kirk to excommunication against those Ministers only who being deposed, acquiesce not to their sentences, but exercise some part of their Ministerial function, refuse themselves, and withdraw others from the obedience of the Acts of the Assembly. By the Act at Dundee, all persons whatsoever who shall so do, are made liable to excommunication. That the sin and snares of these three Acts may be the better understood, I desire a short view to be taken. 1. Of the thing that is thereby made censurable. 2. Of the censures themselves. 3. Of the persons who fall under that censure. The thing that is made censurable is, the not acknowledging of that Assembly, or not acquiescing to the Acts and Constitutions thereof, or refusing to pass from the Protestations against the two late Assemblies, etc. things that are in themselves not censurable, but commendable, not sins but duties, as is sufficiently demonstrated in other Papers and Treatises which are already published; because that Assembly at Dundee was no free nor lawful Assembly. The censures contained in these Acts are either in reference to places and trust in the Church, or in reference to Church-fellowship and communion as Church-members. The censures of the first kind are either for keeping from places and trust, or for removing from the same. The first are relative. 1 to Expectants, students of Divinity, attenders upon Families, who by the second Act at Dundee, and by their extending the Act of the Assembly 1640. Sess. 10. are declared uncapable of a pedagogy, teaching of a School, catechising of a family, preaching or catechising in a Congregation, or of a Bursary, or of liberty to reside within a Burgh, University or College, or of any other privilege and liberty allowed to Expectants And by the Act at Edinburgh it is provided, that if any of them be called to a particular charge of the Ministry, that the Presbytery shall not admit him to his trials, unless he do under his hand pass from the Protestations against these two Assemblies at Dundee and at Edinburgh, and promise and give assurance never any more to open his mouth, nor put pen to paper against the Public Resolations, and the things that have followed thereupon, which they express by abstaining from holding up Debates and Controversies about matters of Differences in this Kirk, since the Assembly 1650. which if he do refuse, that there shall be no proceeding in his trials till the next General Assembly, and that in the mean while liberty be left to the Presbytery and Congregation to plant the place otherwise. 2. To Ruling Elders coming to sit and act in Presbyteries, who by the Act at Edinburgh incase of their refusal to perform the things formerly mentioned, the Presbyteries are ordained not to admit them to act as Elders in the Presbytery. These censures that concern removing from places and trust, are determined in regard of Elders in Presbyteries, and Expectants to preach or catechise in Families or Congregations, or have Bursaries, for both these (if they do not condescend to the former conditions) must unjustly be removed and discharged, the Elder from sitting in the Presbytery, the Expectant from his preaching or catechising, or bursarie. Concerning Ministers they are not so express, but leave it to Presbyteries, to proceed according to the degree of the offence; yet so, as there be clear ground laid for their suspension or deposition; yea far more, because they not only appoint censures equivalent to the suspension or deposition of Ministers upon Expectants and Elders, and have gone before by their own example, suspending some Ministers, and deposing others: but do ordain Presbyteries and Provincial Assemblies, to call before them all persons that do not acknowledge that Assembly at Dundee, and to censure them; and do also in the beginning of the first Act declare, That all persons who protest against, and decline the authority of the General Assembly, are censurable by the Acts and Constitutions of this Kirk, with the highest censures of this Kirk; and in the body thereof do declare, That the two Acts of the Assembly at Glasgow 1638. (The first whereof ordains Presbyteries to proceed with the censures of the Kirk to excommunication) are not only to be extended against Ministers censured at Dundee, but also against all those that oppose the Public Resolutions thereof. The censures that relate to Church-fellowship and communion, are designed in the first Act, which strikes equally against all persons whatsoever, who are Church-members, Ministers, Elders, Expectants and Professors, who if they do not acknowledge that Assembly at Dundee, are appointed to be cited and censured according to the degree of their contempt and obstinacy against the Acts of this Kirk, and if they oppose the Resolutions, or do not acquiesce to the Acts and Constitutions of that Assembly, then to be proceeded against and censured according to these Acts at Glasgow which are extended unto them; now the not acknowledging or declining the authority of the Assembly is in their construction in the beginning of this Act, censurable with the highest censures of the Kirk, according to the Acts and Constitutions of this Kirk, and the opposing of the Public Resolutions, or the not acquiescing to the Acts and Constitutions of the Assembly at Dundee, is to be censured with the censures contained in the Act at Glasgow, Dec. 18. Sess 28. 1638. Thus all the Ministers, Elders and Expectants in the Church of Scotland, who do not acknowledge that Assembly, or oppose the Resolutions thereof, or do not acquiesce to the Acts and Constitutions thereof, are to be laid aside, discharged, silenced, suspended or deposed; yea all the Ministers, Elders, Expectants and Professors in the Church of Scotland, who do not acknowledge that Assembly, or who do oppose the Resolutions thereof, or who do not acquiesce to the Acts and Constitutions thereof, are made liable to excommunication, if after conference they do not receive satisfaction. From what is already said it doth appear who are the persons (as to the matter of their supposed offence) are to be censured, I shall only add, that as to their real qualification and carriage, that they are not such who have been enemies, or dis-affected to the Work of Reformation, or scandalous or lose in their conversation, but such as have been zealous thereof, and faithful therein from the beginning, and blameless in their conversation, and cannot acknowledge that Assembly, nor acquiesce to the Acts and Constitutions thereof for conscience sake, having a well-warranted persuasion in themselves, that they do herein walk according to former sound principles, to departed from which were but to involve themselves in the common defection with others. And as these persons are so qualified in their carriage to the Public Work, and in their conversation, so for their number they make up a very great part of the godly in the Land, whether Ministers Elders, Expectants or Professors. An Act and Overture of the General Assembly, for the Peace and Union of the Kirk. Edinburgh 2. August, 1652. Postmeridiem. Sess. 18. THe General Assembly being deeply affected with sense of the many and sad evils & calamities that have already arisen both to Kirk and State within this Land, by the lamentable divisions and distractions amongst Ministers and others of the People of God in this Kirk, and apprehensive of greater evils which may yet follow, to the over-throwing of the blessed Work of Reformation, (which the Lord, in his great and special mercy, was pleased to set up amongst us, having carried it through many difficulties and oppositions) and to the laying of the Kirk of God waste and desolate, if these divisions and distractions shall continue; And being most desirous, as the Servants of Jesus Christ, who is the Prince of Peace, to use all necessary and lawful means (so far as their knowledge and power can reach) for preventing the increase of these divisions, and making up of the breaches. And being firmly resolved, for obtaining of this desirable end, in all meekness, gentleness and moderation, to condescend so far as they can, without violation of Truth, and of the just authority of the Government and Courts of Jesus Christ in his Kirk) unto their Brethren of the Ministry and others of the People of God, who have been this late time bypast, and are at difference with the Judicatories of the Kirk, for bringing them to an happy conjunction with their Brethren in unity of the Spirit in the bond of Peace. Therefore, for giving an evidence and demonstration of their real intentions & sincere purpose about the premises, as they have already, by some of their number commissionated for that effect, Declared and made offer to some of these their Dissenting Brethren, who were here in the time of the Assembly, so now again do Declare and make offer by this present Act, That the four Brethren, who, by the preceding General Assembly at S. Andrews and Dundee, were upon special consideration justly censured, for protesting against and declining the Authority thereof, shall have the censures inflicted on them by that Assembly for the cause foresaid, taken off them; And further, that no censure shall be inflicted on them for not submitting to the foresaid censures; yea, and that no censure shall be inflicted for their Protesting against, and declining of this present Gen. Ass. Providing 1. that they do pass from the said two Protestations against, and declinators of the two foresaid Assemblies, judicially under their hand, between and the second Wednesday of November next ensuing, in their several Presbyteries or Synods respectiuè. 2. That they also give assurance in manner foresaid, that they shall forbear holding up divisions by debates about matters of our late differences since the Assembly 1650. in preaching, writing, or any otherwise. Likeas the Assembly doth Declare and make offer, that all such as did concur in, or have been accessary unto the Protestation and Declinatour against the Assembly at S. Andrews and Dundee, and were not censured, shall be free from whatsoever censure might have been inflicted by any Act of the said Assembly, and that no such Act shall have any force against them hereafter in any Judicatory of this Kirk, and that no censure shall be inflicted on them for their accession unto the late Protestation and Declinatour against the present Assembly, Providing they shall perform the foresaid provisions within the time, and after the manner therein specified. And for prosecution of this purpose, the General Assembly ordains the several Presbyteries or Synods of this Kirk to present this offer, with the Provisions therein contained unto all such persons as are beforementioned within their bounds respectiuè: And incase the plurality of Presbyteries or Synods shall refuse to propound the same, the Assembly doth warrant such Brethren as acknowledge the Authority of these Assemblies, to propound them: and, having made report of their diligence and success therein to the next ensuing Quarterly Meeting of the Commission of the Kirk, if they be then sitting, thereafter to do as they find by the Rule of the Word of GOD, and the Acts and Constitutions of General Assemblies of this Kirk, to be most necessary and conducible for preservation of truth, for procuring the Peace and welfare of the Kirk, and maintenance of the Authority of the Assemblies thereof, as they will be answerable to the next General Assembly; And recommends unto them to take advice of the Commission of the Kirk for their proceeding in any matter of importance of this kind. And now the General Assembly having out of tender affection toward their Brethren, and sincere desire of unity and concord with them in the Lord, and for the Lord, condescended unto this moderation and meekness, do obtest all and every one of them in the Name of Jesus Christ, and expect, as they tender the preservation of the Government of this Kirk (which adversaries without and within, taking advantage of our divisions and distractions are labouring to subvert) and as they love the establishing and promoving of the Kingdom of Christ in this Land, and will be answerable to him in the great Day, that they would, accepting of this offer of love, return unto unity with their Brethren in their several respective places and Judicatories, and concur in an unanimous way, for preserving and promoving the Work of Reformation in all the parts thereof, and for electing of Commissioners to the next ensuing General Assembly. And if they shall (refusing to accept this offer) continue to hold up the divisions, the Assembly leaveth it to the judgement of all the Kirks of Christ abroad, to bear witness if we have not faithfully endeavoured for our part, to heal our present breaches; and if we shall not be free of the guilt of the sad consequences that may come to the Work and people of God in this Land, by continued distractions. J. Makghie. OBSERVATIONS. THis Overture, for the substance of it (as is hinted in the Paper itself) was in the time of the sitting of that Assembly communicated in a Conference by some of the Members thereof in the name of the rest, unto some who were sent from the Meeting of these who differ from the Public Resolutions; and being reported by these Brethren unto the rest of their number, was taken in consideration, and reasons then given (which are herewith printed) showing the unsatisfactoriness thereof, and why it could not be embraced; which reasons are still in force. I shall therefore now only desire these two things to be taken notice of in this Overture. 1. That notwithstanding of all the Solemn professions of real intentions and sincere purposes of peace and of meekness, gentleness, moderation and condescendence, which are contained in this and others of their Papers, yet they not only justify and hold fast all their former grounds and proceed in reference to themselves and their own judgements, but impose them also upon their Brethren (who differ from them, and have been so much stumbled therewith) as the only mean of healing and of Peace. And therefore in reference to what is past, whosoever have concurred in, or been accessary to the Protestation against these two Assemblies, must pass from the same judicially under their hands, between and the second Wednesday of November next ensuing in their several Presbyteries or Synods respective, and in order to the Public Resolutions, must give assurance in manner foresaid, that they shall forbear to speak or to testify any more against the sin of these which they express, by forbearing to hold up divisions by debates, about matters of our late differences since the Assembly 1650. in preaching, writing, or any otherwise, and in reference to what is to come, the Acts of the Assembly at Dundee, for censuring of all these who do not acknowledge the Constitution of that Assembly, or who do oppose the Resolutions, or who do not acknowledge the Acts and Constitutions thereof, stand unrepealed; to which, a new one in this Assembly at Edinburgh is added, excluding all Expectants and Ruling Elders, who refuse the conditions contained in this Overture. When I think upon these things, I can not but call to mind and lay before others to whom Union and Peace (which is so much pleaded and pretended) may and aught to be sweet and dear. 1. That which was spoken publicly in that Assembly at Edinburgh by one of their own Members, whilst they were upon the debate of their Acts and Overtures about these differences; to wit, All the Reverend Brethren speak for moderation, but I think we are very like those in Micah, who cry peace peace and by't with their teeth, Micah. 3. v. 5. Secondly, The practice of our Prelates in Scotland, who after they had usurped upon the Church, and brought in many of their corruptions did aggravate & cry out of all the evils of divisions, and schism, and much plead for, and make great professions of a desire of union and peace, that the Church might be strengthened against the common enemy, by whom it was threatened with great danger, and against whom they did profess much zeal, but so as they did always hold fast their corruptions, and go on therein from year to year, and would not yield to any other grounds of union and peace, but such as did include the approbation of, and subjection to their authority and proceed, and yet did always charge their Brethren who did bear testimony against their defection, and could not be consenting to their courses, as men of unpeaceable dispositions, and turbulent spirits, who would rather rend the Church of GOD, and fill all with confusion and division, before they did not satisfy their own proud and contentious humours, in striving (as they alleged) about things (of no great consquence) relating to Church Policy, when there was no difference in matters of Doctrine; who so pleases to look upon the records of that corrupt Assembly at Lithgow 1608. will find that the Prelates and their party who prevailed in that Assembly, make a great deal of noise concerning the distractions of affections, and diversity of judgements that was arisen amongst the Ministry, and upon the first of these they do insist at length, holding it forth to be carnal, and therefore say they, the more dangerous, because it suffers not the Brethren whose affections were separated to unite themselves with effauld and uniform counsels and advice to resist the subtle practices of the common enemy, and so gave him place with his subtle crafts and shifts to enter into the Kirk of GOD, and thereby to supplant and undermine the same: Therefore their advice is, that as the danger increases by the nourishing of the distracted affections of the Brethren, even so the cure was the more necessary, and hastily to be applied, to wit, that the whole Brethren of the Ministry should presently in the fear of God lay down all rancour and distraction of hearts and affections which either of them hath born against others in any times, and be reconciled with hearty affection in CHRIST, as becomes them who are Ministers of the Word of GOD, and Preachers of peace and Christian life and charity to his people, to the effect that by this hearty reconciliation, hearts and advice may be communicate for disappointing of the crafty devise of this common Enemy. But as to that which was the real and first fountain of this distraction and difference of judgement, to wit, Ministers voting in Parliament, their taking of Prelacies, and settling constant Moderators; no acknowledging of these things as a sin, or passing from them as corruptions, but holding them fast, and building a further superstructure of declining upon them, whilst in the mean time by their professed forwardness against Papists, who was then the enemy with whom the Church had to do, and the arguments taken from the benefit of union and peace, and the sad consequences, and bitter fruits of distraction and division, and the small importance of the things which were then in question amongst Brethren did prevail with many of the Ministry, not only to engage themselves in a solemn way in the Assembly, and in their Presbyteries, with holding up of their hands to lay down and cast away all grudge and rancour that any of them did bear at another, and to maintain union of hearts and affections, and to continue in mutual friendship and holy amity in GOD, as becomes the Pastors of the Kirk of Christ, (which was a thing in itself very good and commendable) but also to be silent in all matters of difference about the Government and Discipline of the Kirk, by which it came to pass, lest they should thereby hinder union and peace, and weaken joint endeavours against the common enemy, that whilst the Shepherds were sung asleep, the foxes came in and destroyed the vines, which may give warning to all the Ministers, Elders and Members of this Church who desire to have the work of Reformation preserved in purity, and promoved in power, that they be not as their fathers and Predecessors not long ago, charmed into silence by the sweet songs of union and peace, until they be cheated out of the precious Truth, and pure Ordinances of GOD, but that they take notice of, and resist the beginnings of evil, by refusing to be consenting thereto, and concurring therein, though haply they should because of this, be cried out on, as the troublers of Israel, and as these who weaken the hands of the Church against the common enemy, by contending about things of no great importance. The other thing which I take notice of in this Overture is, that notwithstanding the authors and approvers thereof charge the Protesters with laying of the grounds of separation, and for making good their charge, do amongst other grounds allege, that though they be but the smaller and the fewer number, they take upon them to judge and act in the things of the Church, and to exercise jurisdiction and authority over their Brethren: Yet in this Overture this power seems to be given by the Assembly to the smaller part, or fewer number in Presbyteries or Synods who acknowledge the authority of these two Assemblies at Dundee and Edinburgh, because both in the matter of propounding the Overture, and in the matter of reporting of diligence, and in after do, the same things are committed and entrusted to the fewer or smaller number which are committed & entrusted to the whole, or greater part of the Presbytery or Synod. It is true that they ordain them to do as they find by the rule of the Word, and the Acts and Constitutions of the Gen. Assemblies of this Kirk to be most necessary and conducible for preservation of Truth, for promoving the peace and welfare of the Kirk, and maintaining of the authority of the Assemblies thereof, but yet puts a restriction upon the smaller part to proceed even to censures against the greater part, but only lays down the rule according to which they ought to proceed, and the ends which they ought to have before them in their procedures when they do proceed unto, or abstain from censures, as seems to be clear by their way of Expression; and to confirm that this is the meaning, I desire it to be considered: First, that if they had an other meaning it had been easy for them to express it in such words as would have holden forth their sense clearly and unquestionably. Secondly, these limitations which they use as to the matter of procedure, are equally holden forth both to the greater and smaller part of Presbyteries and Synods. Thirdly, They did take notice of the smaller parts of Presbyteries in several places of the Country who had withdrawn and separated from the greater part, and acted Presbyterially, and apart by themselves, not only without the concurrence and consent, but against the Authority and declaration of the greater part, yea they did receive Commissioners from some of them, and admitted them to sit as Members of their Assembly. Fourthly, they gave Commissions for overpowering the greater part in some Presbyteries, that Churches might be planted, and things done contrary to the mind of the greater part. If notwithstanding of these things, or any thing that is intended in the Overture itself, they will vindicate it from such a meaning; I believe it shall be acceptably taken off their hands, but until it be done, I wish none of them may charge the Protesters with separation upon that ground for which they themselves, to the apprehension of the Protesters, have both in their acts and practice clearly paved the way. Edinb. 5. Aug. 1●52. Antemer. Sess. 23. a Right Honourable, right Worshipful, and Worthily respected, WE, being met in Edinburgh at the time appointed by the former Assembly at Dundee, b of purpose to study the healing of begun breaches in this Kirk, were interrupted at our first down-sitting, and hindered from constitution of the Assembly by our Dissenting Brethren their offer of Propositions and desires to be granted by us, which could not to any good purpose, c either be debated or effectually granted, as was required, before the Assembly was constitute, and the Judicatory fixed. Which short delay of our answer, till we were in capacity to answer, d was met with a Protestation, prepared before hand, for a declinatour of the Judicatory, and all the Commissioners of Presbyteries, e as freelychosen as any were, and sent forth from all parts of the Kingdom. In which Protestation were contained ᶠ many grievous and unjust aspersions upon us and others (who dare not pass from the possession of ᵍ yearly General Assemblies; which, being in former times interrupted, was purchased at a dear rate, before it was recovered) h and all this was presently put in Print, to the great disadvantage of us, and misinformation of all the Kingdom. After the Assembly was constitute, i a conference was offered by us, wherein some from us desired, That to the intent we might join the better for promoving the Work of Reformation, legal bars hindering us from peace, to wit, Protestations on the one hand, and Censures inflicted, or which might be inflicted, on the other hand, being removed. They should give assurance to forbear to trouble the Kirk, by holding up debates on the matter of our late Differences, about the managing of Public Affairs. k But after conference, finding no ground of hope for present agreement, we have made the same offer to all them who adhered to the Protestation, whether in the Town for the time, or not, as our Act (the Copy whereof is with these come to your hands) at more length doth declare, and granted unto all, time to advise till the second Wednesday of November next to come. And now because our Dissenting ˡ Brethren have the advantage of the Press for the present, and and are too too diligent and painful in gathering of hands and subscriptions to their Protestation, of young men or elder, masters or servants, without any trial of their qualification, to ⁿ make the world think, that the generality of the godly (as they in their Papers presume to call themselves) and that in great number do stand for their divisive way, o Therefore we thought it our duty to write unto you all, who love the Union and Peace of this afflicted Kirk, that by your counsel, conference, and all other godly means, so many as in your bounds, Ministers, or others, are upon this divisive way, which tendeth so much to the hindrance of the Work of Reformation, and peace of the LORDS distressed people may be timously reclaimed, and moved to accept the peaceable offer made to them by the General Assembly, and the rest within your bounds may be keeped free from this ᵖ uncouth separation, that it grow not greater, q and that difference of judgement about the managing of public affairs in our late troubles, which occasioned this unhappy rapture, may be no prejudice to our joint acting in Ecclesiastic Judicatories, for keeping the Liberties thereof, and the peace of this Kirk, which at this time doth so much call for communion of counsels and actings: Wherein as you shall prove instrumental, you shall be found to do a work of service unto GOD, of love to your Mother-Kirk, now distressed on all hands, most suitable to your Covenant and Profession, and contributive as to your peace, comfort and credit in this life, so to the furtherance of your reckoning in the day of the LORD. Subscribed in name and at command of the General Assembly, by OBSERVATIONS. A. It sufficeth not the authors and abettors of the Public Resolutions who were Members of that Assembly to have stirred up the Civil Magistrate against their Brethren, and to have made acts in the Commission where these Resolutions were first taken, first requiring Presbyteries to censure the opposers thereof, then to cite them to the Assembly, and in these two Assemblies for excluding and removing them from all Ecclesiastic employment, from Church communion and fellowship; but they must now for ensnaring of them or rendering them contemptible and hateful throughout the land, writ this Letter to Noblemen, Barons, etc. in all the parts of the Country. The direction or inscription is comprehensive (which is also proven by the deliverance of these Letters to sundry such in several parts of the Country, and by their stickling upon the receipt thereof) even of many of these whose admittance to Church-fellowship, and to power and trust, is the great ground of the Protesters stumbling and grievance; I mean many malignant and disaffected persons, who being formerly excluded were received by the Commission 1650. without sufficient evidences of their Repentance, and are cleaving unto their former bad Principles, and continuing in their former evil courses, must these be first admitted without repentance, and then whilst they are proclaiming their impenitency to the whole Land by their evil fruits, be sent to reclaim such who did bear testimony against receiving of them; surely this is a strange method, and if there had not been a turning of things up-side down it would not have been thus. B. That some of them had such a purpose I do not question, but that the greater part had it, is not like. 1. Because at their former Meeting at Edinburgh the twelfth of May, they did refuse to delay the indicting the Diet of their Assembly for a few days, until some considerable number of those who did differ from them might be advertised to meet: Notwithstanding that, it was earnestly desired, to the effect that by mutual previous conference some right understanding might have been begotten, and way made for the choosing of Commissioners and sitting of an Assembly, with the mutual consent and satisfaction of both. 2. Because it being most earnestly desired, and the Reasons thereof at large remonstrated unto them the first day of their Meeting, that they would forbear to constitute themselves in an Assembly, until first there might be a Conference upon these Propositions. (which desire and Remonstrance they do here suppress, putting another face upon the business) yet did they refuse the same, notwithstanding that the present constituting of the Assembly was to make the matter hopeless, and to put us upon the necessity of a Protestation, unless by our silence being present, we would have involved ourselves in the acknowledgement of an unlawful Authority: and notwithstanding that the delay was pressed by some of their own number, and that it might have been condescended unto, without any detriment to themselves, or their cause, (unless it had been two or three days longer stay in town) seeing they could conveniently according to the sundry former instances of that kind, which were then given, have kept their Assembly under adjournment, though not constituted. C. They might have been debated and granted to very good purpose before the Assembly was constituted, and the judicatory fixed; because the debating and granting of them in an amicable way, and in a mutual free Meeting of both, was the most effectual means of removing differences and begetting a right understanding, and so of having a free and lawful General Assembly, which would have produced an unanimous and effectual Conclusion upon these Propositions, whereas to refuse to Debate, or grant any thing by way of friendly conference, or constituting of the Assembly, and fixing of the Judicatories, was in effect to deny these Propositions and make them ineffectual, because a main intent of these Propositions was, to find a remedy for the wrong constitution of the former Assembly at Dundee, and for preventing of the like now at Edinburgh, which was altogether disappointed by their proceeding to constitute the Assembly. D. There was a necessity of a Protestation, because the desire of delaying the constitution of the Assembly, until there might be a previous conference, was so peremptorily and needlessly rejected. E. The choice was not free, because the Letter of their Commission from their Meeting at Edinburgh in May, did contain a pre-limitation, appointing the election to be made according to a rule, which did include the Acts and Constitutions of the Assembly at Dundee, which do exclude all that are opposite to the Public Resolutions; and because there were dissents and protestations against the election in several places, neither were they sent forth from all parts of the Kingdom, because there were many Presbyteries who did send forth no Commissioners at all. F. Whether there were any grievous aspersions, and unjust imputations contained in that Protestation, doth appear from the Reply that is given to the Paper, wherein those pretended aspersions and imputations are holden forth. G. Yearly General Assemblies, rightly constituted, and proceeding rightly, are as much and as earnestly desired by the Protesters as by any others; and from the desire which they have to preserve the liberty and freedom of these, they do bear testimony against the prelimiting and corrupting thereof. H. Nothing was put in print by order of the Meeting, nor was it at all done, until there was no hopes to obtain what was desired: And what was printed, though it might be to their disadvantage, yet was it not the disadvantage of the Truth, or misinforming of the Kingdom; but for giving them a true account of matters as they then were, and though by the order of narration which they do here make, they insinuate that things came out in print before the Conference ended, which they afterwards mention, yet was nothing published in print, until that Conference was given up and made hopeless. I. They allege, That a Conference was offered by them; but they neither tell when, nor how, nor to whom it was offered; and I believe it would trouble them so to do, for they did keep such a distance that they would neither send nor allow any of their number to motion a Conference to their Brethren who were met together, but desired some of their number to tell such of them as they met with upon the streets, that they were willing to confer; and when at length there was some meeting of some few of both sides, those of that Assembly, who were upon the Conference, could by no persuasion nor reason be induced to give any note of their Overtures in writing, though it was often and earnestly desired, that being clearly communicated to the whole Meeting of Protesters, they might return a clear Answer thereunto. K. Why this desire was not harkened unto, good and relevant reason, is given in another Paper long since printed and published. L. That advantage at that time, for any thing their Brethren know, was open to both alike, and did appear immediately thereafter to be so by their Papers against the Remonstrance and Protestation which came abroad in print. M. There was no diligence nor pains used to gather any Hands to their Protestation, only those who were come together from several parts of the Country from their respect and affection to the Cause (many of which came commissionated from others) did put to their Hands; and for that which they say of youngmen, or elder, masters or servants, without any trial or qualification, it is a little disdainfully and too liberally spoken; there were many honourable and grave persons there, and though some were youngmen or servants, yet is that no imputation either to themselves, or to the cause which they maintain: for it's neither men's age nor condition that doth difference them in the matters of God, but their qualification and carriage which is known to be blameless and christian, as to those who subscribed the Protestation; and if they can give any instance to the contrary, I believe the Protesters will take it for a favour to have any inordinate walker of their number discovered unto them, & shall account it not the weakening, but the strengthening of their Cause to be rid of such; yea, at that Meeting where the Protestation was subscribed, it was their care to admit none to join with them, but such as were of a known integrity, or if not so well known to all, yet such as had the testimony of others who were known to all; and being such, how mean soever their condition was, that could not be a reason or ground to refuse their testimony, when it was willingly offered. N. Albeit a great deal ado is made upon that expression, yet there is truth in the bottom of it, most of these in the Land, who have a testimony in the consciences of truly godly Ministers or Professors either upon the one side or the other, for acquaintance with God and the power of godliness, being of that mind; and if this expression satisfy not, that the generality of the godly stand for that divisive way, I shall give them one that they can less contradict, that is, that the generality of the wicked are against that divisive way, and for their uniting way; yea, I trow that sober men among themselves will not refuse it, that the wicked, Malignant, lose, profane persons in the Land, almost to a man, and as one man, do zealously, and to their p●th, oppose, and contradict and reproach that divisive way, and cordially promote and commend their uniting way, or the way of these two Assemblies at Dundee and Edinburgh; and though this argument be now undervalved, yet was it wont to bear weight in the 48 year of God against the unlawful engagement. And, I confess, with me is of a very great weight. That which relisheth so well to the palate of profane lose men, and of such as have zealously opposed the Work of God, and the power of godliness these years past, and wherein their hearts doth so much rejoice, I fear, hath too much of the spirit of the world, & too little of the spirit of God in it. O. This way doth not divide from any point of the truth of God, but leads in the good old path of former found principles, and cannot be justly charged as divisive because it will not unite with a course of defection, and therefore there can be no just reason to say, that it tends to the hindering of Reformation and Peace. The true fountain of our divisions doth spring from the Public Resolutions, which divided many from received truths and former principles, and did necessitate others to evidence their cleaving thereto, by testifying against such back-sliding; neither know I any thing that hath so directly tended to the hindrance of the Work of Reformation as their Public Resolutions did. The Work of Reformation, as to the outwards of it in Church and State, did much stand in purging the Ministry and Elderships, and the Judicatories and the Army, and have not all these been obstructed by the Public Resolutions, which laid a foundation for bringing into the Army and the Judicatories, men of questionable integrity, disaffected to Reformation, and of scandalous conversation, and hath not only blunted, but turned the edge of any zeal that was formerly bend against ignorant, dis-affected and scandalous Ministers and Elders, and Professors, against these who cannot be consenting to the late courses. P. Separation and Schism hath been the ordinary charge of backsliders, against such as would not concur with them in every age of the Church, and some of the most eminent of these who are now for the Public Resolutions, may remember, that they were not only loaden herewith by the Prelates, when they did oppose the course of conformity, but also by all the Malignant and dis-affected persons in the Land, when they did oppose the course of malignancy; but to say nothing, that this Assembly at Edinburgh have taught the Protesters a way of separation, which they cannot well condemn, unless they condemn their own judgement and practice, I mean, the allowing of the smaller part, not only to divide from the greater, but also to act without them, and exercise authority over them. I desire 1. that they will be pleased to let the world know what truth that hath been taught in the Church of Scotland, either concerning Faith, or good Works, or Worship, or Discipline, or Government, they have departed or separated from. Is it a separation, because they will not approve of, nor submit unto the authority of two corrupt and unfree Assemblies. 2. I desire it to be considered, that whatsoever be in the matter of separation, the Protesters are not separantes but separati, not fugientes but fugati, they are driven violently by unjust censures and persecution, as I have already shown from the Public Acts. Q. If they be indeed of the opinion, that difference of judgement in these things should be no prejudice to joint acting in Public Judicatories, than it concerns them for their own vindication, and for reconciling their practice with their opinion, to tell us why their Assembly at S. Andrews did not only approve of the Act of Commission, appointing those who oppose the Public Resolutions to be censured, but also made Acts of their own for censuring of such; and why the Assembly at Edinburgh did ordain, That Elders and Expectants, who will not engage themselves under their hands, to abstain from holding up this difference, are to be excluded from sitting in Presbyteries, and being received as Ministers; sure if this difference need be no prejudice to joint acting in Public Judicatories, the maintaining thereof is without ground made a cause of censure, which must incapacitat men to act, or of exclusion, which must bar them from joint acting in Judicatories, what shall be said to this, I do not know, unless it be alleged, that it is not simply difference of judgement, that is made a ground of censure or exclusion, but difference of judgement kithed in opposing the Public Resolutions, or holding up debates and controversies in preaching or writing about these things; but first, if it be meant of that difference of judgement that is inward only, it is to small purpose, because that being latent and not known to me, cannot be made a ground for my withdrawing from joint acting with these who thus differ from me: and if it be known and professed, how shall there be any known difference of judgement, without some opposition to the adverse judgement, especially if it be established in a Law, he who professes and declares the difference of his judgement from the Law, and dis-satisfaction therewith, is he not in so far, a weakner, gainsayer, and opposer thereof. 2. If they mean it thus, they have not measured the same measure unto themselves and to others; they will have others to pass from their Protestations under their hands, and to engage themselves not to hold up debates, otherwise they will not act jointly with them in the Judicatories, nor allow them the legal capacity to act at all, and yet while they will do no such things themselves in reference to their Assemblies and the Acts thereof, yea, will have these Assemblies to stand as free and lawful, and all the Acts thereof, wherein their judgement is involved, as binding and obligatory, they desire that their Brethren may be dealt with, not to let this hinder them from a joint acting in the Public Judicatories. 3. If it be only the opposing of Public Resolutions, and the holding up of debates that they quarrel with, how is it that in Presbyteries they will have young men who have hitherto been silent, publicly to declare themselves anent these things, or else refuse to admit them to their trials, or to stop them being admitted, or to refuse them Testimonials being approven. Act for putting in execution former Acts and Constitutions of General Assemblies, anent trying, admitting, removing, and deposing of Church Officers, censuring of scandalous persons, receiving of penitents, and debarring of persons from the LORDS Table. Edinburgh 3. August. 1652. Postmeridiem. Sess. 20. THe General Assembly, considering the obligations that lies upon all Ecclesiastic Judicatories and Ministers within this Land, by the commandment of GOD, and our Covenants and Engagements taken upon us, before GOD and the World, (whereunto they resolve, in the power of the LORD'S might, constantly to adhere) and to show themselves faithful and zealous in all their administrations for the LORD, and for advancing the Work of Reformation; and particularly, considering that the condition of this time doth require in special ways, that in trying, admitting, removing, and deposing of Church-Officers, censuring of scandalous persons, dispensing of Ordinances, receiving of penitents, the Rules of the Word of GOD, and Constitutions of this Kirk be diligently put in execution, and accuratly observed. Therefore, The Assembly Ordains, That Presbyteries and Synods, in admitting of Persons to the Ministry, be accurate in their trials, according to the Order prescribed in this Church, that none be admitted to the holy and high function, but such as are qualified according as is required in the Word of GOD, and Constitutions of this Kirk, both for knowledge in the mystery of godliness, and abilities to teach and convince the gainsayers, as also in conversation and godliness, that they lay hands suddenly on no man, nor be partaker of other men's sin; and for this end, that every Presbytery be careful to have gathered together such Acts of Assemblies as concerneth the trial of Ministers, and have them before them, whensoever any person is called to any place of the Ministry, and is upon his trials. 2. Ordains that Preshyteries and Synods, in their respective bounds, make conscience, that such Ministers as are found either ignorant and not apt to feed the people of God with knowledge and understanding, or erroneous in their judgement in matters of Religion, or are scandalous in their life and conversation, and are not examples unto their flocks in godly and holy walking, or disaffected to the work of Reformation, be centured according to the degree of their offence, and Acts of Assemblies. And for this end, that they be frequent and accurate in visitation of Kirke, and therein make conscientious use of the rules prescribed for visitations, and of such Acts of former Assemblies, as holds forth the duties of Ministers, and the grounds and causes of censure. 3. Ordains that, where Ministers lawfully deposed; are unlawfully admitted, and not according to the Order prescribed in the Acts of General Assemblies, or intrudes themselves into places, Presbyteries and Synods make use of that power and Authority which Christ hath put in their hands, to remedy the same, and to censure such disorders and enormities, as they deserve, And that people be not accestory unto, or concurring with any Ministers that are deposed, in intruding themselves into places, nor give them any countenance that does so, as they would not draw upon themselves the wrath of God, by contemning and despising Christ's Ordinance of Discipline, And that no Presbyteries or Synods proceed to open the mouths of, or re-admit unto the Ministry, any deposed Ministers, but according to the Order prescribed in the Acts of General Assemblies, As they will be answerable unto the General Assembly. 4. Ordains that Sessions be careful that none be admitted to be Elders in Congregations, but such as are in some competent measure able and qual fied with knowledge of Religion, and understanding of the duties of their Calling, for discharging the duties of that Office, and of a blameless, Christian and godly conversation; And that before any be admitted to be an Elder, the Persons name that is designed, be publicly intimate to the Congregation the Lords day before, that if any have any thing to object against him, they may present the same to the Session or to the Minister. And that if any Elder be found negligent in the duties of his charge, and continue so after admonition, or scandalous in his life and conversation, or to be a neglecter of the worship of GOD in his Family, he be removed from, and purged out of the Session. 5. Ordains that Sessions and Presbyteries be careful, and make conscience by all means to censure impartially all persons of whatsoever rank or condition, that are scandalous, either in things of the first, or in things of the second Table, according to the Rules and Order which Christ hath prescribed in his Word, and to proceed to the highest censures, with such as are grossly and obstinately scandalous, or are ignorant, and contemn, and continuedly neglect the means of knowledge, as public and private catechising, etc. after they are made inexcusable by sufficient means used to reclaim and gain them. 6. Ordains that Ministers and Sessions in Congregations be careful, as they will be answerable to Christ Jesus, to debar from the Lords Table, all such persons as are found not to walk suitably to the Gospel, and being convinced and admonished thereof, do not reform; As also all such as have not knowledge to examine themselves, and to discern the Lords Body. And that for the more orderly performing of this, the Minister in examination of the people, have some of the Elders always with him, and represent unto the Session such as are found grossly ignorant, that by order of the Session they may be debarred. 7. That Presbyteries and Sessions make conscience, that such persons are found scandalous, and are under censure for that cause, be not received nor absolved from their censure, unless they give such satisfaction and evidences of their repentance, as are expressed in the Acts of the Assemblies, concerning the receiving of penitents. J. MAKGHIE. OBSERVATIONS. This Act (as is professed and given out by many) was not only intended, but if they may be trusted, doth indeed and upon the matter give full and clear satisfaction to the Propositions which were offered by the Protesters unto their Brethren of the Assembly at their first down-sitting, as the best means for satisfying of their consciences, securing of the Work of Reformation, purging the Church, promoving the power of godliness, removing of these sad differences, and for attaining and preserving a good understanding, and therefore these (as they allege being satisfied) the propounders of them not acquiescing therein, must have some other thing before them: Therefore for vindicating of these, I shall mark a few things for showing how unsatisfactory all that is contained in this Act is, unto the desires contained in these Propositions, until there may be opportunity to make a more full discovery thereof. 1. To pass the ambiguity of their Answer to the first part of the first Proposition, wherein it is desired that they give evidence, etc. They omit the whole second Proposition, to wit, That it be seriously laid to heart, etc. which in order to the ends that are propounded in the Preface to these Propositions, to wit, the satisfaction of our Consciences, is as to the present condition of affairs betwixt them and the Protesters, the most important of these Propositions, yea in their other Papers these things which the Protesters complain of as defection, they commend as duty, and profess their adherence thereunto, and appoint censures to be inflicted upon all the opposers thereof. 2. They also omit the whole third Proposition, to wit, That as we are ready in our station, etc. by which ommission they give just ground to suspect, that there is in their apprehension no malignant party that needs to be discovered, or from whom the Work of God stands in danger; and though the Protesters do not in the first part of the Proposition take upon them to secure and guard the Cause and Work of God against error heresy and schism, but only by this Overture gave evidence of the sincerity of their intentions in order to that end, that so they may satisfy their Brethren in the matter of their Jealousies thereanent, yet as they do still apprehend a great danger to the Lords Work from a numerous party of malignants still in the Lord, so are they much unsatisfied that the Assembly gave no expression of their sense of danger this way, nor evidence of their willingness to concur in securing against the same, nor hold forth any way for the discovering and knowing of these for the time to come. 3. Whereas they seem to grant much in order to the trying, admitting, removing, and deposing of Church-Officers, censuting of scandalous persons, dispensing of Ordinances, and receiving of penitents, they do really and in effect grant little or nothing; yea they do expressly refuse the desire of the Propositions upon these things, and establish the very contrary: Because the desire of the Propositions is, that the late Meeting at Dundee and the Acts thereof being taken out of the way, and the Work and People of GOD secured from the harm and evil consequences which have already, and may further ensue from the same, as is expressed in the last Proposition (which they wholly omit) all these things may be done according to the Acts of former uncontroverted Assemblies of this Church, concerning the Work of Reformation in the literal and genuine sense and meaning thereof; but their grants and concessions do include for the rule, according to which they are to be regulated, viz. the Acts of General Assemblies, and Constitutions of this Church indefinitely, which in their sense doth clearly and undeniably include the Acts of the last Assembly at Dundee and Edinburgh, which instead of purging of the Church from ignorant and disaffected and scandalous Ministers and Professors purge it from a very great part of the able well affected & good Ministers, Elders, Expectants, and Professors of the Land, because of their not acknowledging the authority, and acquiescing to the Constitutions of these Assemblies. 4. Their actions (which before the Lord, and also with intelligent and discerning men, are the most real evidences of the reality and sincerity of men's intentions) since that time do demonstrate, whether they have granted the desire of these Propositions: Tell me how many ignorant, disaffected, scandalous Ministers or Elders, are censured by the Authors of the Public Resolutions since the last Assembly, or how many lawfully deposed and unlawfully admitted are proceeded against, etc. They would fain find some shadow of an excuse for so gross an oversight, and cast the blame upon the Protesters, who say they have so weakened the authority of the Church, that her censures are rendered altogether ineffectual. But 1. To say nothing that spiritual censures are not always to be foreborn, because men refuse to obey; yea in many cases they are the more vigorously to be prosecuted. 2. With what colour of reason can it be alleged that those who not only acknowledge their authority, but very zealously pleading for it, as most of the scandalous and disaffected Ministers and Elders of the Land do, will not submit unto it. 3. It is time for them to plead, that excuse when they meet with that difficulty; tell me how many of that kind can be instanced whom they have not censured, who have not submitted to their censures. 4. The not submitting to their censures doth not hinder them to proceed very zealously against sundry Ministers, and many Elders who adhere unto the Protestation and bear testimony against the Public Resolutions? Let Consciences speak as before the Lord, whether they have faithfully and zealously improven the power and authority that remains with them in Synods, Presbyteries and Sessions for purging of the house of God, even according to these things which they seem to grant, or whether they have not been negligent exceedingly in this, to say no worse, and employed most of their endeavours and zeal to bear down the Protesters. REASON'S why the Minister, Elders, and Professors, who protested against the Pretended Assemblies as St. Andrews, Dundee and Edinburgh, cannot agree to the Overtures made unto them at the Conference, upon the 28. and 29 of July, 1652. etc. ALbeit the Essays and Endeavours which were used by us, before our coming hither, for removing of Differences, and attaining of Union and Peace, upon such grounds as might (indeed) bring forth a discovery of our, and the Lands Sin, and contribute for removing the guilt thereof, and for securing and promoving the Work of Reformation amongst us, might in a great part have arquited our consciences, and cleared us before the world; yet the deep sense that we had of the many and great prejudices which do ensue to the Work and People of God, by our continued Divisions, and our ardent desire of Peace and Union, upon the grounds foresaid, constrained us to lay hold upon the opportunity of your meeting together at this time, and to represent unto you, some necessary and just Propositions, as a fit subject of our conference; and that we were willing to hear what should be offered by you to us, in order to these ends; and, that therefore you would forbear to assume unto yourselves the power of, or constitute yourselves into a Gen. Assembly. And when we found this in-effectual, and our Union rendered more hopeless, by your denying a desire so just and reasonable, and so agreeable to the practice of former Assemblies, as was instanced before you by these who knew the Records: Nevertheless upon a surmise of a purpose in you to confer with us, we did for divers days wait upon you, being desirous to have seen upon your part, some serious applying of yourselves to the real means of healing, and to have found solid satisfaction unto the things contained in the Propositions offered to you by us: But in place of this, the Brethren who were appointed by you to confer with some of our number, did intimate unto us, that all which they had in Commission to make offer of, was, That ye were willing to take-off the Censures inflicted by the former Assembly at St. Andrews and Dundee, and the Censurableness that persons, who have transgressed against the Acts thereof might be liable unto: Providing, that these Brethren censured, and deserving Censure, should pass from their Protestation against the former and present Assemblies, and judicially before their Presbyteries and Synods, engage themselves under their hands, not hereafter to deliver their Judgements in Preaching or Writing, or any way else to hold up the late differences. Which Overture when it was earnestly desired by these of our number to be given to them in writing according to their Instructions, not only because it was divers ways represented by such of your number as did confer with them, but also that they might the more perfectly and better understands the same, and be able to make an exact report thereof to these who sent them, and mistakes thereupon might be Prevented: It was most peremptorily refused, albeit most earnestly urged and desired during the whole time of the Conference: Therefore having set down the same as truly and impartially as our judgements and memories could attain; We do for our own vindication, and satisfaction of others, give these Reasons following, why we cannot accept thereof. 1. Because there is hereby no remedy at all offered for the course of defection involved in the Public Resolutions, nor for preventing the like for time to come, which is the main ground of difference; but upon the contrary we are required upon the matter to retract our Testimonies thereanent, and judicially to give Bonds and Engagements hereafter to be silent concerning the sin and guilt thereof. II. Because our passing from our Protestant doth import a real acknowledgement of the lawfulness and freedom of the Assemblies in regard of their constitution, and of power in them to inflict and take-off Censures, and so by our own consent, doth not only retract and condemn the testimony which we formerly gave against the same; But also obstructeth the remeading of what is past, and the attaining a lawful, free, General Assembly for the time to come, and so wreaths about our own neck, and the necks of the Lords People, the yoke of unfree, corrupt, and unlawful Assemblies. III. Because the offer which is made, though it contains Immunity in regard of these who have not a quiesced unto, or opsed these Acts for the time past, yet the Acts of themselves do not withstanding thereof, still stand in force, as a ground of persecution against all these Ministers and Professors, who shall not accept of the conditions contained in this offer, or thereafter fail in performance of the same. iv Because this offer is so far from reaching satisfaction to all, or most part of the Propositions offered by us, that it doth not give satisfaction to any one of them, put pitcheth upon a particular, which ought to be of least consequence with us, (as importing but our personal suffering) without taking notice of the Lands defection, and of those things which do concern the Kingdom and Interest of JESUS CHRIST, and the purging of his House; and what a sin and provocation should it be against the Lord, and what a stumbling and grief of heart unto the godly who have concurred in these Propositions, and after such a defection, do expect repentance and reformation, and the purging of his House of corrupt Officers and Members, if we should make such a transaction, as seems to promise present sesecurity to ourselves, but doth not contribute for preserving of the Truth, and attaining a solid Peace and Union in the Lord. V We cannot see how the passing from these Propositions, and the taking upon us such Engagements for the time to come as are desired, should not involve us in the condemning of our own judgements, and in the acknowledgement of a sin and offence in making these Protestations, and bearing testimony against the Public Resolutions, and import that what is done by you in taking off of Censures and censurableness (as you term it) is an Act of meet favour and grace upon your part, unto Delinquents, upon their repentance. And though we hope that we shall never be ashamed, but esteem it our mercy and glory to acknowledge any thing whereby we have provoked the Lord, or offended others, yet being more and more convinced in our consciences, that what we did in these things was a necessary duty, we dare not purchase immunity and exemption from Censures at so dear a rate, as to deny the same, we shall rather choose still to be sufferers, and to wait upon the issue that the Lord shall give, then to provoke the eyes of his Glory, grieve the spirits of his People, and would our own Consciences, by so unsatisfying and so sinful a transaction. And conceiving that, we shall not have the opportunity to speak unto you hereafter, as being now about to dissolve our Meeting; We do from the zeal that we own to the honour of God, and from the tender respect we own to you as Brethren, and for exonering our own Conscience, most earnestly beseech and obtest you, by your appearing before the Lord Jesus Christ, to give yourselves unto Prayer, and searching of your own hearts and way, in Order to Public Resolutions and Actions, until each of you find out wherein ye have turned aside from the strait way of the Lord, and employed your gifts and power not for Edification, but for grieving the spirits of many of the Godly, and strengthening of the hands of the wicked, and to Repent thereof, and to do no more so, lest wrath be increased from the LORD, the Godly of the Land more offended, and our breach made wider, and our wound more incurable. If both you and we might obtain mercy of the Lord to know our trespass, and why he contends, and to accept the punishment of our iniquity, and humble ourselves before hime, who knoweth but that he might yet have compassion upon us, and pardon our sins, and heal our Land. July the 28. Antemerid. 1652. Mr. Andrew Cant, Mr Samuel Rutherford, Mr James Guthry, My Lord Waristoun, Mr Robert Trail, Mr John Nevay, Mr James Nasmith, being nominated to meet & confer with some Brethren, Members of the present pretended Assembly, the Instructions following were given them, and the Meeting doth require and expect, that they will walk according thereto. I. That they shall declare to the Brethren with whom they are to meet, That as they do adhere to the Protestations formerly and lately given in; so they do protest, that they do not meet nor confer with them, nor receive any Papers from them, as being in the capacity of Commissioners of a General Assembly, but only as sent from a meeting of Ministers and Elders, wanting any such Authority. II. That whatever be offered by the Brethren with whom they do confer, they desire to get it in writing from them, as the mind of the Meeting whereof they are Members; That it being communicated to us, Answer may be given thereunto by our whole Meeting. III. That they do not engage in Conference with them at first about the matter of Censures; It being neither the chief nor only ground of our grievance; and because with us things of that nature, and any thing of personal concernment, aught to be of the smallest value, while there are many things in question betwixt them and us, of far higher consequence to the Kingdom of Christ and his Interest, as anent the causes of God's controversy with the Land, and the way of remedy and cure of the former and late defection, and the way of preventing the like in time coming. The establishing and promoving the Work of Reformation, and the purging of the Kirk, and the like, as are laid before them in our Propositions given in to their Meeting; And that they do intimate to the Brethren foresaid, that we cannot look upon an offer relating only to the Censures, upon some of our number, as satisfaction to them or us, and that (besides what we have said) for other reasons to be communicated in due time to their Meeting. And that therefore they shall offer to these Brethren, and desire of them, that if there be any Conference at all, the subject matter of it may be upon the whole Propositions in the order as they stand. iv That in case of their refusing the latter part of the former Article, they shall require and demand from the Brethren of the other Meeting, That they would declare whether we may expect, that these from whom they were sent, will either by the said Brethren, or any other way, give answer and satisfaction to us anent the Propositions, and what is their sense and meaning of the Public Resolutions, and anent the Constitution, Acts, and Proceed of the Meeting at Dundee, and of this at Edinburgh, and what they mind to do in reference to the same. V That in case there be not satisfaction obtained in these so just and necessary things, They do profess their own and our dissatisfaction with any thing that hath been offered by them to us, or answered to our desires first or last. And that they protest for themselves and us, That as we have sought Peace, and pursued it by all lawful and possible means, though much in vain on their part. So we are henceforth free from the guilt and blame of the sad prejudices and evil consequences whatsomever, which may follow upon their present way, and their former and future actings of that nature, so contrary and destructive to Edification and Peace. Right Reverend, WE have now for these fourteen days past, been employed in using our best endeavours, and waited for Overtures from you, for healing the breach, and removing the differences that are amongst us; And now there being no ground of hope given us, nor any desire made unto us for continuing the Conference, whereby a better understanding might be attained; We have thought good before our parting from this place, to send unto you this enclosed Paper, together with the Instructions given in writing to these who were sent from us to the Conference, the Copy whereof was offered by them to these who were sent from your number, and left with them; Both which Papers we desire you to communicate to those of your meeting. And so we rest, Your very loving Brethren in the Lord. Edinb. 29. July 1652. Subscribed in the name of many Ministers, Elders, and Professors throughout the Land, who desire truth and peace. Directed, For the Reverend Brother, Mr. David Dickson, Professor of Divinity in the College of Edinburgh. PROPOSITIONS which were offered to the Meeting of Ministers and others, appointed to be keeped at Edinburgh, July 21. 1652. WHereas we, and many of the godly in the Land have been really scandalised and stumbled at their late Acts and Proceed, relating to Public Resolutions concerning the same in the nature and Intention of the Work, to have obstructed and shaken the Work of Reformation (although we think honourably of divers Godly and Learned men who have been concurring in the same, and dare not judge their Intentions to be such as we think their Work hath be, and do allow charity to others.) Therefore for satisfaction of or conscience, and for securing the Work of Reformation, for purging the Church, and for promoving the power of godliness, and for removing of these sad differences, and for attaining and preserving a good understanding, We desire, That they give evidence and assurance, that they approve of, and will adhere unto the solemn Public Confession of sins and engagement to duties, and all the Acts of the uncontroverted Assemblies of this Church, concerning the Work of Reformation, in the literal and genuine sense and meaning thereof. And that in dispensing of the Ordinances, censuring of scandalous persons, receiving of Penitents, trying, admitting, removing and deposing of Church-Officers, they will walk according to the same. That it be laid seriously to heart before the LORD, how after such a defection, and so sad judgements for it, the LORD may be restored to his honour, the Land to his favour, and the like defection prevented in time coming. That as we are ready in our station, to follow all religious and conscionable means and Overtures for securing and guarding the Cause and Work of GOD against Error, Heresy and Schism on the one hand, so they would hold out to us a solid way for securing the same against dangers from Malignancy on the other. And we would know what shall be the Characters in time coming, by which Malignancy may be known and judged. That a real and effectual course be taken, according to the established rules of this Kirk, for purging out, and holding out all such Church-Officers as have not the Position, and qualifications required in the Word of God, & Acts of this Kirk; partiularly, where Ministers deposed by lawful Assemblies, have intruded themselves, or have been unwarrantably restored by Synods and Presbyteries to their Charges, contrary to the form and order prescribed in the Acts of Assemblies, be romoved, and condign censures inflicted, and that sufficient Provision be made for preventing the like in time coming. That after means be fallen upon and followed for censuring of all scandals and scandalous persons, and casting out of these who shall be found grossly and obstinately scandalous or ignorant, after they are made inexcusable by sufficient means and pains taken for their instructing and reclaiming. That some course more effectual than any hath been fallen upon hitherto, may be condescended upon, for putting in execution the Acts of this Kirk, anent debarring from the Lord's Table such persons who are found not to walk suitably to the Gospel, and have not knowledge to examine themselves, and to discern the Lord's Body. That in the receiving of Penitents, care may be had that none be admitted to the public Profession of repentance, or reconciled to the Church, but these who are found to give such evidence of their repentance, as is expressed in the Acts of the Assemblies, concerning the receiving of Penitents. That an effectual course may be taken for securing of the Work and People of GOD from the harm and evil consequences which hath already, and may further ensue from the late pretended Assemblies at S. Andrews and Dundee, and the Acts thereof. FINIS.